pseudo-martyr wherein out of certaine propositions and gradations, this conclusion is euicted. that those which are of the romane religion in this kingdome, may and ought to take the oath of allegiance. donne, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) pseudo-martyr wherein out of certaine propositions and gradations, this conclusion is euicted. that those which are of the romane religion in this kingdome, may and ought to take the oath of allegiance. donne, john, - . [ ], p. printed by w. stansby for walter burre, london : . dedication signed: iohn donne. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholics -- great britain -- early works to . oath of allegiance, -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - allison liefer sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion psevdo-martyr . wherein ovt of certaine propositions and gradations , this conclusion is euicted . that those which are of the romane religion in this kingdome , may and ought to take the oath of allegeance . devt. . . but he that should haue beene vpright , when he waxed fatte , spurned with his heele : thou art fat , thou art grosse , thou art laden with fatnesse . iob . . . but oh that god would speake and open his lips against thee , that he might shew thee the secrets of wisedome , how thou hast deserued double according to right . . chro . . . in the time of his tribulation , did he yet trespasse more against the lord , for he sacrificed vnto the ●ods of damascus , which plagued him . london printed by w. stansby for walter burre . . to the high and mightie prince iames , by the grace of god , king of great britaine , france and ireland , defender of the faith . most mightie and sacred soueraigne . as temporall armies consist of press'd men , and voluntaries , so doe they also in this warfare , in which your maiestie hath appear'd by your bookes . and not only your strong and full garisons , which are your cleargie , and your vniuersities , but also ob●cure villages can minister souldiours . for , the equall interest , which all your subiects haue in the cause ( all being equally endanger'd in your dangers ) giues euery one of vs a title to the dignitie of this warfare ; and so makes tho●e , whom the ciuill lawes made opposite , all one , paganos , milites . besides , since in this battaile , your maiestie , by your bookes , is gone in person out of the kingdome , who can bee exempt from waiting vpon you in such an expedition ? for this oath must worke vpon vs all ; and as it must draw from the papists a profession , so it must from vs , a confirmation of our obedience ; they must testifie an alleageance by the oath , we , an alleageance to it . for , since in prouiding for your maiesties securitie , the oath defends vs , it is reason , that wee defend it . the strongest castle that is , cannot defend the inhabitants , if they sleepe , or neglect the defence of that , which defends them ; no more can this oath , though framed withall aduantagious christianly wisedome , secure your maiestie , and vs in you , if by our negligence wee should open it , either to the aduersaries batteries , or to his vnderminings . the influence of those your maiesties bookes , as the sunne , which penetrates all corners , hath wrought vppon me , and drawen vp , and exhaled from my poore meditations , these discourses : which , with all reuerence and deuotion , i present to your maiestie , who in this also haue the power and office of the sunne , that those things which you exhale , you may at your pleasure dissipate , and annull ; or suffer them to fall downe againe , as a wholesome and fruitfull dew , vpon your church & commonwealth . of my boldnesse in this addresse , i most humbly beseech your maiestie , to admit this excuse , that hauing obserued , how much your maiestie had vouchsafed to descend to a conuersation with your subiects , by way of your bookes , i also conceiu'd an ambition , of ascending to your presence , by the same way , and of participating , by this meanes , their happinesse , of whome , that saying of the queene of sheba , may bee vsu●p'd : happie are thy men , and happie are those thy seruants , which stand before thee alwayes , and heare thy wisedome● for , in this , i make account , that i haue performed a duetie , by expressing in an exterior , and ( by your maiesties permission ) a publicke act , the same desire , which god heares in my daily prayers , that your maiestie may very long gouerne vs in your person , and euer , in your race and progenie . your maiesties most humble and loyall subiect : iohn donne . a table of the chapters handled in this booke . chap. i. of martyrdome and the dignity thereof . chap. ii. that there may be an inordinate and corrupt affectation of martyrdome . chap. iii. that the roman religion doth by many erroneous doctrines mis-encourage and excite men to this vitious affectation of danger : first by inciting secular magistracy : secondly by extolling the value of merites , and of this worke in special , by which the treasure of the church is so much aduanced : and lastly , by the doctrin of purgatory , which by this act is said certainly to be escaped . chap. iiii. that in the romane church the iesuits exceed all others , in their constitutions and practise , in all those points , which beget or cherish this corrupt desire of false-martyrdome . chap. v. that the missions of the pope , vnder obedience whereof they pretend that they come into this kingdome , can be no warrant , since there are laws established to the contrary , to giue them , or those which harbor them , the comfort of martyredome . chap. vi. a comparison of the obedience due to princes , with the seuerall obediences required and exhibited in the romane church : first , of that blinde obedience and stupiditie , which regular men vow to their superiours : secondly , of that vsurped obedience to which they pretend by reason of o●r baptisme , wherin we are said to haue made an implicite surrender of our selues , and all that we haue , to the church : and thirdly , of that obedience , which the iesuits by a fourth supernumerary vow make to be disposed at the popes absolute will. chap. vii . that if the meere execution of the function of priests in this kingdome , and of giuing to the catholiques in this land , spiritual sustentation , did assure their consciences , that to dye for that were martyrdome : yet the refusall of the oath of alleageance doth corrupt and vitiate the integrity of the whole act , and dispoile them of their former interest and title to martyrdome . chap. viii . that there hath beene as yet no fundamental and safe ground giuen , vpon which those which haue the faculties to heare confessions , should informe their owne consciences , or instruct their penitents : that they are bound to aduenture the heauy and capitall penalties of this law , for refusall of this oath . and that if any man haue receiued a scruple against this oath , which he cannot depose and cast off , the rules of their own casuists , as this case stands , incline , and warrant them , to the taking therof . chap. ix . that the authority which is imagined to be in the pope , as he is spiritual prince of the monarchy of the church , cannot lay this obligation vpon their consciences : first because the doctrine it selfe is not certaine , nor presented as matter of faith : secondly because the way by which it is conueyed to them , is suspitious and dangerous , being but by cardinall bellarmine , who is various in himselfe , and reproued by other catholiques of equall dignity , and estimation . chap. x. that the canons can giue them no warrant , to aduenture these dangers , for this refusall : and that the reuerend name of canons , is falsly and cautelously insinuated , and stolne vpon the whole body of the canon law , with a breefe consideration vpon all the bookes thereof : and a particular suruay , of all those canons , which are ordinarily cyted by those authours , which maint●ine this temporall iurisdiction in the pope . chap. xi . that the two breues of paulus the fift , cannot giue this assurance to this conscience ; first , for the generall infirmities , to which all rescripts of popes are obnoxious : and then for certaine insufficiencies in these . chap. xii . that nothing requir'd in this oath , violates the popes spirituall iurisdiction ; and that the clauses of swearing that doctrine to bee hereticall , is no vsurping vpon his spirituall right , either by preiudicating his future definition , or offending any former decree . chap. xiii . that all which his maiesty requires by this oath , is exhibited to the kings of fraunce , and not by vertue of any indult , or concordate , but by the inhaerent right of the crowne . chap. xiiii . lastly , that no pretence , eyther of conuersion at first , assistance in the conquest , or acceptation of any surrender from any of our kings , can giue the pope any more right ouer the kingdome of england , then ouer any other free state whatsoeuer . an advertisement to the reader . though i purposed not to speake any thing to the reader , otherwise then by way of epilogue in the end of the booke , both because i esteemed that to be the fittest place , to giue my reasons , why i respited the handling of the two last chapters , till another time , and also , because i thought not that any man might well and properly be called a reader , till he were come to the end of the booke : yet , because both he , and i , may suffer some disaduantages , if he should not be fore-possessed , and warned in some things , i haue changed my purpose in that point . for his owne good therefore ( in which i am also interessed ) i must first intreat him , that he will be pleased , before hee reade , to amend with his pen , some of the most important errors , which are hereafter noted to haue passed in the printing . because in the reading , he will not perchance suspect nor spy them , and so he may runne a danger , of being either deceiued , or scandalized . and for my selfe , ( because i haue already receiued some light , that some of the romane profession , hauing onely seene the heads and grounds handled in this booke , haue traduced me , as an impious and profane vnder-valewer of martyrdome , ) i most humbly beseech him , ( till the reading of the booke , may guide his reason ) to beleeue , that i haue a iust and christianly estimation , and reuerence , of that deuout and acceptable sacrifice of our lifes , for the glory of our blessed sauiour . for , as my fortune hath neuer beene so flattering nor abundant , as should make this present life sweet and precious to me , as i am a moral man : so , as i am a christian , i haue beene euer kept awake in a meditation of martyrdome , by being deriued from such a stocke and race , as , i beleeue , no family , ( which is not of farre larger extent , and greater branches , ) hath endured and suffered more in their persons and fortunes , for obeying the teachers of romane doctrine , then it hath done . i did not therefore enter into this , as a carnall or ouer-indulgent fauourer of this life , but out of such reasons , as may arise to his knowledge , who shall be pleased to read the whole worke . in which , i haue abstained from handling the two last chapters vpon diuers reasons ; whereof one is , that these heads hauing beene caried about , many moneths , and thereby quarrelled by some , and desired by others , i was willing to giue the booke a hasty dispatch , that it might cost no man much time , either in expecting before it came , or in reading , when it was come . but a more principall reason was , that since the two last chapters depend vpon one another , and haue a mutuall relation , i was not willing to vndertake one , till i might perseuere through both . and from the last chapter it became me to abstaine , till i might vnderstand their purposes , who were formerly engaged in the same businesse . for the first discouerie giues some title to the place , and secludes others , without the discouerers permission ; and in men tender and iealous of their honour , it is sometimes accounted as much iniurie to assist , as to assault . when therefore i considered , that the most reuerend and learned sir edward coke , lord chiefe iustice of the cōmon pleas ( whom , they which are too narrow to comprehend him , may finde arguments enow to loue , and admire , out of the measure and proportion of his malice who hath written agains● him , ( since wee ought to loue h●m so much , as such men hate him ) had in this point of iurisdiction , laid so solid foundations , raised so strong walls , & perfited his house vpon so sure a rocke , as the lawes of this kingdome are . and when i saw , that as the diuell himselfe is busiest to attempt them , who abound in strength of grace , ( not forbearing our sauiour himselfe ) so an ordinary instrument of his , ( whose continuall libels , and incitatorie bookes , haue occasioned more afflictions , and drawne more of that bloud , which they call catholique , in this kingdome , then all our acts of parliament haue done , ) had oppugned his lordships booke , and iterated and inconculcated those his oppositions , i could not know whether his lordship reserued any farther consideration of that matter to his owne leasures , or had honoured any other man , with his commandement , or allowance to pursue it . till therefore i might know , whether any such were embarqued therein , as would either accept my notes , and dignifie them with their stile , or submit their notes to my method , and the poore apparell of my language , or vndertake it entirely , or quit it absolutely , as a body perfit already , by that forme which his lordship hath giuen it , i chose to forbeare the handling thereof at this time . one thing more i was willing the reader should be forewarned of ; which is , that when he findes in the printing of this booke oftentimes a change of the character , hee must not thinke that all those words or sentences so distinguished , are cited from other authors ; for i haue done it sometimes , onely to draw his eye , and vnderstanding more intensly vpon that place , and so make deeper impressions thereof . and in those places which are cited from other authors ( which hee shall know by the margine ) i doe not alwayes precisely and superstitiously binde my selfe to the words of the authors ; which was impossible to me , both because sometimes i collect their sense , and expresse their arguments or their opinions , and the resultance of a whole leafe , in two or three lines , and some few times , i cite some of their catholique authors , out of their owne fellowes , who had vsed the same fashion of collecting their sense , without precise binding themselues to all , or onely their words . this is the comfort which my conscience hath , and the assurance which i can giue the reader , that i haue no where made any author , speake more or lesse , in sense , then hee intended , to that purpose , for which i cite him . if any of their owne fellowes from whom i cite them , haue dealt otherwise , i cannot be wounded but through their sides . so that i hope either mine innocence , or their own fellowes guiltinesse , shall defend me , from the curious malice of those men , who in this sickly decay , and declining of their cause , can spy out falsifyings in euery citation : as in a iealous , and obnoxious state , a decipherer can pick out plots , and treason , in any familiar letter which is intercepted . and thus much it seemed necessary to mee , to let the reader know , to whose charitable and fauourable opinion● i commit the booke , and my selfe to his christianly and deuout prayers . those literall and punctuall errors , which doe not much endanger the sense , i haue left to the discretion and fauour of the reader , as he shall meete with them . the rest he may be pleased to mend thus . in the preface , § . . for sacerdotes non●ntes . reade sacerdoturientes . pa. li. faults . correct . during . daring . inciting . auiling . vlt. princesse . prince . to proceede . so proceedes vlt. churches church . establing . establishing . genuit gemunt . vestram nostram i● . t● ibid. princes . prince calles call emperours . emperour . profession possession now here . no where . ibid. vvrit . vvrits . vvent . meant ibid. ingenious ingenuous . the then vlt. after and● adde as. priuatur . priuetur end ends other others intituled . instituted vlt. exemply exemplifie . ariseth . arise● after a●e , out out so after which , adde that ibid. vlt. heaued . heard . not. now. enlaline . e●lalias your . the. pa. li. faults . correct . after as put out at thereof for therefore conduced conducted vvords vvord chappels . chappell after are adde not your the vvaine vvaiue extend the sect. . one line into the § . your the after oath ●dde bee belong belongd gaue giue . to bey to obey ● the this after and adde not re-enuersing renuersing . that it ibid. after b●t add the panegyricke heads beards hyol holy fall fallen certaintie ( certainely ) after alleadge adde this name nature recei●e relieue god the good . there this since sinne a● vs dominium . domicilium those faults which are in the margin by placing the citations higher or lower , i must leaue to the readers discretion , the rest he may mend thus . preface § . . pilireade poli. fol. . lin . . adde homil. de dauid & saul . ibid. . adde mar. . . fol. . lin . . for rauolta reade raccolta . fol. ● . lin . . for poss●re . reade possessor . fol. . lin . . for hu. reade offi. fol. . lin . . adde . sam. . . fol. . lin . . adde de potest . eccles. § . nn. . a preface to the priestes , and iesvits , and to their disciples in this kingdome . i am so well acquainted with the phrases of diminution and disparagement , and other personall aspersions , which your writers cast , and imprint vpon such of your owne side , as depart from their opinions in the least dramme or scruple ; as i cannot hope that any of them will spare me , who am further remoued from them : for since cassander , whom the two emperour● ferdinand and maximilian consulted , and called to them ; not in any schisme betweene the emperours and popes , about temporall iurisdiction : in which quarrell , whensoeuer it happened , the emperours cause was euer sustained by as learned , and as religious , and as many men , as the popes , but in matters of doctrine , and for a way of reformation , when the popes themselues confessed , that the church was in extreame neede thereof : since hee ( i say ) is called by one of them but a grammarian ( to which honour , if he , which cals him so in scorne , had beene arriued , he would neuer haue translated vindiciae contra tyrannos , reuenge vpon tyrants , since vindiciae signifies a decree or order of the iudge , in a cause of bondage and liberty depending before him , by which it is ordered , that the party whose condition is in question , shall remaine either free or bond , till the matter be heard without any preiudice , if it fall out otherwise vpon the hearing : ) and since of caietane ( when hee differs from them in the point of the canon of scriptures ) they say , that though he were well seene in scholastique subtilties , yet he was not so in the fathers : though in that very matter the same authour confesse , that a caietane followed saint hieromes foot-steps : b since ( because he denies marriage to be proued a sacrament out of one place of saint paul ) they say that he fell into grieuous errors in both testaments , hebraizando and erasmizando : since , when he distasts the coursenesse of the vulgar edition , they say , that in three or foure pages of his psalter , there are more barbarismes and solaecismes then in the whole vulgar bible : since erasmus ( following the opinion of driedo and other catholickes , and so denying some part of daniel to be canonicall ) is called by bellarmine a halfe-christian , these men will certainely be more rigid and seuere vpon me . and if they will be content to impute to me all humane infirmities , they shall neede to faine nothing : i am , i confesse , obnoxious enough . my naturall impatience not to digge painefully in deepe , and stony , and sullen learnings : my indulgence to my freedome and libertie , as in all other indifferent things , so in my studies also , not to betroth or enthral my selfe , to any one science , which should possesse or denominate me : my easines , to affoord a sweete and gentle interpretation , to all professors of christian religion , if they shake not the foundation , wherein i haue in my ordinary communication and familiar writings , often expressed and declared my selfe : hath opened me enough to their malice , and put me into their danger , and giuen them aduantage to impute to me , whatsoeuer such degrees of lazines , of liberty , of irresolution , can produce . but if either they will transferre my personall weakenesses vpon the cause , or extend the faults of my person to my minde , or to her purest part , my conscience : if they will calumniate this poore and innocent worke of mine , as if it were written , either for ostentation of any ability or faculty in my selfe ; or for prouocation , to draw them to an aunswere , and so continue a booke-warre ; or for flattery to the present state ; which , thogh my seruices be by many iust titles due to it , needs it not ; or for exasperation , to draw out the ciuill sword in causes , which haue some pretence and colour of being spirituall ; or to get occasion hereby to vncouer the nakednes , and lay open the incommodious and vndefensible sentences and opinions , of diuers seuerall authors in that church ; or to maintaine and further a scisme and diuision amongst you , in this point of the popes pretence to temporall iurisdiction : i haue no other shelter against these imputations , but an appeale to our blessed sauiour , and a protestation before his face , that my principall and direct scope and purpose herein , is the vnity and peace of his church . for as when the roofe of the temple rent asunder , not long after followed the ruine of the foundation it selfe : so if these two principall beames and toppe-rafters , the prince and the priest , rent asunder , the whole frame and foundation of christian religion will be shaked . and if we distinguish not between articles of faith & iurisdiction , but account all those super-edifications and furnitures , and ornaments which god hath affoorded to his church , for exteriour gouernment , to be equally the foundation it selfe , there can bee no church ; as there could be no body of a man , if it were all eye . they who haue descended so lowe , as to take knowledge of me , and to admit me into their consideration , know well that i vsed no inordinate hast , nor precipitation in binding my conscience to any locall religion . i had a longer worke to doe then many other men ; for i was first to blot out , certaine impressions of the romane religion , and to wrastle both against the examples and against the reasons , by which some hold was taken ; and some anticipations early layde vpon my conscience , both by persons who by nature had a power and superiority ouer my will , and others who by their learning and good life , seem'd to me iustly to claime an interest for the guiding , and rectifying of mine vnderstanding in these matters . and although i apprehended well enough , that this irresolution not onely retarded my fortune , but also bred some scandall , and endangered my spirituall re●putation , by laying me open to many mis-interpretations ; yet all these respects did not transport me to any violent and sudden determination , till i had , to the measure of my poore wit and iudgement , suruayed and digested the whole body of diuinity , controuerted betweene ours and the romane church . in which search and disquisition , that god , which awakened me then , and hath neuer forsaken me in that industry , as he is the authour of that purpose , so is he a witnes of this protestation ; that i behaued my selfe , and proceeded therin with humility , and diffidence in my selfe ; and by that , which by his grace , i tooke to be the ordinary meanes , which is frequent praier● and equall and indifferent affections . and this course held in rectifying and reducing mine vnderstanding and iudgment , might iustifie & excuse my forwardnes ; if i shold seeme to any to haue intruded and vsurped the office of others , in writing of diuinity and spirituall points , hauing no ordinary calling to that function . for , to haue alwaies abstained from this declaration of my selfe , had beene to betray , and to abandon , and prostitute my good name to their misconceiuings and imputations ; who thinke presently , that hee hath no religion , which dares not call his religion by some newer name then christian. and then , for my writing in diuinity , though no professed diuine ; all ages , all nations , all religions , euen yours , which is the most couetous and lothest to diuide , or communicate with the layety , any of the honours reserued to the clergie , affoord me abundantly examples , and authorities for such an vndertaking . but for this poore worke of mine , i need no such aduocates , nor apologizers ; for it is not of diuinity , but meerely of temporall matters , that i write . and you may as iustly accuse vitr●uius , who writ of the fashion of building churches , or those authors which haue written of the nature of bees and vse of waxe , or of painting , or of musique , to haue vsurped vpon the office of diuines , and to haue written of diuinity , because all these are ingredients into your propitiatory medicine , the masse , and conduce to spirituall and diuine worship : as you may impute to any , which writes of ciuil obedience to the prince , that he meddles with diuinity : not that this obedience is not safely grounded in diuinity , or that it is not an act of religion , but that it is so well engrau'd in our hearts , and naturally obuious to euery vnderstanding , that men of all conditions haue a sense and apprehension , and assurednes of that obligation . the cause therefore is reduced to a narrow issue , and contracted to a strict point , when the differences betweene vs are brought to this ; whether a subiect may not obey his prince , if the turk or any other man forbid it ? and as his maiestie in his kingdomes , is religiously and prudently watchfull , to preserue that crowne , which his predecessors had redeemed from the rust , and drosse , wherewith forraine vsurpation had infected it ; so is it easie to be obserued , that all the other princes of christendome , beginne to shake off those fetters , which insensibly and drowsily they had admitted ; and labour by all waies , which are as yet possible to them , to returne to their naturall supremacy and iurisdiction : which besides many other pregnant euidences , appeares by ba●ronius his often complayning thereof ; both in his annals , when he sayes , that the princes of this age do exercise so much iurisdiction ouer the clergie , that the church suffers some scandall thereby : and in his apologie of his owne writings , against the cardinall columna , where he notes , that the cardinals deputed for the hearing of those causes at rome , are tired and oppressed in these later times , with the messengers and appeales of bishoppes , which in euery countrey complaine , how much the secular princes iniure them . and this must of necessity be vnderstood of countries , which professe the romane religion , because such as are apostoliquely reformed , or are in that way , haue shut vp all waies of appellations to rome , or remedies from thence . and not to speake of the kingdome of france at this time , because i haue sepos'd and destin'd a particular chapter for that consideration , nor of the fresh historie of the venetians , maintaining their iust lawes for this temporall iurisdiction : which lawes parsons , without any colour of truth , or escape from malitious and grosse deceiuing , saies they haue recalled , when as ( not to affright you with any of those authours which write on the venetian part , ) you may see an excellent relation of that negotiation , and vpon what conditions the pope withdrew his censures , in that letter of cardinall peron to his master the french king , about cardinal ioyeuse his instructions , when the pope sent him to venice for that purpose ; nor to looke so farre backe , as to consider what the other states of italy and of rome it selfe haue done herein , which , as an author which liued in profession of that religion , informes vs ; durst alwaies brauely and boldly defend it selfe against the popes vsurpations , though he protested , that if they would but admit him to enter againe into the towne , hee would deale no more with temporall matters ; and this , at that time when england vnder henry the second , and the remoter parts trembled at him , who trembled at his owne neighbours and subiects , as he pretended : to omit all these , the kingdome of spaine , which they call so super-eminently catholicke ; and of whose king , the cardinall which writes against baronius saies , that he is the only prince , who bends all the sinewes of his power , and all the thoughts of his minde , not only to oppresse barbarous enemies of christianity , but to containe christian kings in their duetie : this kingdome ( i say ) hath by all meanes , which it can , expressed how weary it is of that iurisdiction which the pope exerciseth there , in these points which we complaine of : though the popes haue euer beene most readie to recompence these temporall detriments to those kings ; as the donations of the indyes , and of the kingdome of nauarre , and of england , testifie at full . and yet if we consider , what all sorts of persons in that nation haue done against this temporall power , wee cannot doubt , but that they trauaile of the same childe , which our kingdome and diuers others haue brought forth , which is their libertie from this weakning and impouerishing thraldome . for first , for booke-men and writers , a great idolatrer of this temporall iurisdiction in the pope , confesses , that many of the principall authours of the spanish nation , concurre in this opinion , that these exemptions and immunities of the clergie , so much debated , are not iuris diuini . and it is easie to obserue , what the collection and resultanse vpon this conclusion will be ; since , if they bee enioyd by the fauour of princes , though a conueniencie , and a kind of right grounded in the law of nature , haue moued princes to graunt them● yet all graunts of princes are mortall , and haue a naturall frailtie in them , and vpo● iust cause are subiect to reuocation . and for the sword-men , by that hostile act vpon rome it-selfe , by charles bourbon , which was done at least by the conniuencie of charles the fift ; and by that preparation made against the same place , by the expresse commaundement of philip the second , vnder the duke of aluaes conduct , and by many other associations and leagues against the pope : it appeares how iealous and watchfull , they are vpon this temporall iurisdiction , and how they oppose themselues against any farther groweth thereof . for wh●n in the differences about the kingdome of portugall , the pope made offers to ph●lip the second , to interpose himselfe for the setling of all pretences to that crowne , the king , though with sweete and dilatorie answers , refusd that offer , because ( sayes the author of that storie ) he would not by this example , acknowledge him to be the iudge of kingdomes . and after this , when the king had proceeded farther therein , and antonie was proclaimed , and that a legate came into spaine , and offred there , in the name of the pope , to be a iudge betweene all pretenders , though philip did not doubt the legates inclination to his part , because he came into his countrey to make the offer , and though he had more vse of such a seruice then , then before , yet he abstaind from vsing him therein , because hee thought that the pope , vnder colour of doing the office of a common father , went about to make himselfe absolute iudge of kingdomes ; and besides the extraordinarie authority , which he endeuoured to draw to his sea , would oblige the kings of spaine to his house , as the same author expresses that kings iealousies . and for the politique gouernement of that state euen in that kingdome , which they pretend to hold of the church , which is sicily , they exercise a stronger iurisdiction , and more derogatorie to the pope , then this which our king claimes . and though parsons● who is no longer a subiect , and sonne of the church of rome , then as that church is an enemy to england ( for in the differences betweene her and spaine , he abandons ●er ) a●erre in one place , that this iurisdiction is by indult , & dispensation from the pope , yet a more credible man then he , and a natiue subiect to the king of spaine , hath vtterly annuld and destroyed that opinion , that any graunt or permission of the popes , hath enabled the kings of spaine to that authoritie , which they exercise there . and he hath not onely told his brother cardinall columna , that the matter it-selfe , is a point of the catholicke faith , but in his epistle to king philip the third , hee extols and magnifies that booke , in which he had deliuered that doctrine , so authentically , as if he meant to draw it into the canon of the scriptures : for do these words import any lesse ? the booke issued frō the very chaire of s. peter , by the commandement of s. peter , and is confirmed by s. peter , and shal without doubt endure for euer . and he addes this commination , speaking to the king , let them which resist these writings take heede , least they stumble , in hanc petram , and least they bee vtterly trode in pieces , ab ipsa , ab alto ruente petra . but of baronius his detestation of monarchie , and ill behauiour towards all kings , as well as his owne soueraigne , i haue another occasion to speake . all which i purpose to euict here , was , that if parsons haue spoken so heretically , in saying , that this is done by vertue of the popes indult ; that remaines true , which i said before , that that kingdome of spaine , endeuours by all wayes it can , to redeeme it-selfe from these vsurpation● , and re-inuest it-selfe in her originall supremacie . for as in one of the greeke states when nycippus sheepe brought forth a lyon , it was iustly concluded that , that p●rtended a tyrannie , and change of the state , from a peaceable to a bloody gouernement : so since the spirituall principalitie hath produced a temporall , since this mild and apostolique sheepe hath brought forth this lyon , which seekes whom hee may deuour : as by his first iurisdiction , he would make in this kingdome a spirituall shambles of your soules , by corrupt doctrines : so by the latter , he labours to make a temporall shambles and market of your bodies , by selling you for nothing , and thrusting you vpon the ciuill sword , which it is a sinne to sheath , when the law commaunds to draw it , in so dangerous cases of polluting the land. and though it be pretended by you , and for you ; that the popes haue laide both a spirituall and temporall obligation vpon you : because , besides their care for instructing your soules ; they haue also with some charge erected and endowed some colledges for your temporall sustentation , who come into those parts : yet , as the wisemen of persia , being set to obserue the first actions of their new king ochus , when they marked that be reachd out his hand at the table to bread , and to a knife , presumd by that , that his time would be plentifull and bloody , and faild not in their coniecture : so since the pope reaches out to you , with his small collegiate pittance , the doctrine of the materiall and temporall sword , howsoeuer hee may seeme to relieue your miserie and penurie , which you drawe vpon your selues , yet it is accompanied with the presage of much blood , since either his purposes must be executed vpon vs by you , or our iust lawes for preuention thereof be executed vpon you . one of your owne authors relates , that anastatius a monke , had a hundred diuels appointed to vexe and tempt him for foure yeares , and after hee had ouercome that trouble , and tamed them , he set them on work to build him a great monastery , & to bring aqueducts , and other conueniencies therunto , for his temporal prouision : so after the pope hath passed ouer that little cost which he is at , to feede you a few yeares , you are euer after his instruments , to build vp his spirituall monarchy to the ruine of all others , and your selues must ciment and morter the wals with your blood . to let blood in some diseases , saith the eloquentest physitian , is no new thing ; but that there should ●carce be any disease , in which we should not let blood , is ( saith he ) a strange and new fashion : so to offer our liues for defence of the catholique faith , hath euer beene a religious custome ; but to cal euery pretence of the pope , catholique faith , and to bleede to death for it , is a sickenesse and a medicine , which the primitiue church neuer vnderstood . for the implicite faith , and blinde assent , which you were vsed heretofore to giue to the spirituall supremacy , was put vpon you , as annibal , to entrappe and surprise his enemies , mingled their wine with mandrake , whose operation is betwixt sleepe and poyson : for though it brought you into a drowsie and stupid adoration of the pope , & some dull lethargies & forgetfulnesses of your temporall dueties , yet it was not so pestilent and contagious , but that a ciuill state might consist with it , though in a continual languishing and consumption . but this doctrine of temporall iurisdiction , is not onely a violent and dispatching poyson , but it is of the nature of those poysons , which destroy not by heat nor cold , nor corrosion , nor any other discerneable quality , but ( as physitians say ) out of the specifique forme , and secret malignity , and out of the whole substance . for as no artist can finde out , how this malignant strength growes in that poyson , nor how it workes , so can none of your writers tell , how this temporall iurisdiction got into the pope , or how he executes it , but are anguished and tortured , when they come to talke of it , as physitians and naturalists are , when they speake of these specifique poysons , or of the cause and origen thereof , which is , antipathie . and yet we finde it reported of one woman , that she had so long accustomed her body to these poysons , by making them her ordinary foode , that shee had brought her selfe , and her whole complexion and constitution , to be of the same power as the poyson was , and yet retaind so much beauty , as shee allurd kings to her embracement , and kild and poisond them by that meanes : so hath the romane faith beene for many yeares , so fedde and pampred with this venemous doctrine of temporall iurisdiction , that it is growne to some few of them to bee matter of faith it selfe ; and shee is able to drawe and hold some princes to her loue , because for all this infection , she retaines some colour and probability of being the same shee was . and as that fish which aelianus speakes of , lies neere to the rocke , and because it is of the colour of the rocke , surprises many fishes which come to refresh themselues at the rocke : so doth the romane doctrine , because it can pretend by a locall and personall succession ( though both interrupted ) that it is so much of the colour of the rocke , and so neare it , as petrus and petra , enuegle and entrappe many cred●lous persons , who haue a zealous desire to build vpon the rocke it selfe . it is an aphorisme of an auncient physitian , that we must not purge raw humours , but such as are matur'd and con●octed , except they be stirred and moued with their owne violence . such a patience and moderation this state vsed towards professors of your religion ; and onely prouiding some better lawes , to haue them in a readinesse in occasions of much necessity ; the rest of the statutes were onely medicinall and preparatory , to lead them to church sometimes , and so to mollifie their obduratenes , by making diuine seruice their physicke , since they would not admit it for their ordinary dyet ; and so in time to draine them , and deliuer them from those inundations of errours , which the sea of rome had degorged vpon them . and though it might seeme vnseasonable , by any sharper meanes to haue wrastled or contended with them at beginning , because euerie sudden remoue , euen into a better ayre , is vnwholsome , and the worse , the purer the aire is ; yet now it is time to worke vpon you , being of better experience , since you may haue obserued the birth and prosperous growth of this reformation ; and seene , that though diseases affect and corrupt suddenly and violently , and the cures thereof are orderly and long in accomplishing ; yet this reformation spent lesse time then the corruption , and the church hath recouered more health in one age , then she had lost in a●ie two : in so firme and constant a state of health , did the apostles and their followers , especially the first bishoppes of rome , deliuer her ouer , that shee was able a long time , to resist those infectious , and was likely to haue done it much longer , if her danger had beene onely intrinsique , by breeding heresies in her selfe , and that shee had not receiued the outward poysons of riches and honour , and the naturall companions of those , auarice and ambition . if you will consider the occasion of this reformation , which pope adrian the sixt ( as your espencaeus relates it ) ingenuously confessed in the imperiall parliament , that it was occasioned chiefly by the sinnes of the priests and prelates , whose abuses and excesses had beene for many yeeres abominable , and that all things were peruersly ouerturnd , and that the disease was in the head , and that therefore he would prouide that the court of rome , from whence all this corruption was deriued , should be reformed , since all the world did hungerly expect it at that time : which reformation , sayes espencaeus , he died before he could performe , and his successor would not performe it ; if you consider by what instruments it tooke first hold , and that your owne authors , euen when they meane to calumniate these beginnings , say , that the desire of the french king francis the first , and of his sister margaret , and of the bishop of meaux , and the rest of the lords by their example , to haue about them learned and vnderstanding persons , an● such as were conuersant in the holy and originall languages , gaue the first entrance and way to this reformation : if you consider with what prosperity and blessing almightie god hath aduanced it ; and that in a few yeares it hath produced so many excellent authors in the artes , and in diuinity , that neither our schooles nor our pulpits neede bee beholding to them , who deliuer no golde without some drosse . and that for temporall blessings hee hath made vs as numerous , and as potent as his aduersaries , the aduerse partie : if you consider the good health and sound constitution of the reformed religion , and that it is in all likelyhood long-liued , because it neither admits vnwholesome and putrifying traditions , and postscripts , after the holy ghost had perfited his writings ; which additions enuenome the pure blood inwardly : nor is it outwardly in her practise deformed with the leprosies and vlcers of admitting iewes and stewes : nor proposes and iustifies any such books , as your taxa camerae apostolicae is , in which ( saies your espencaeus ) a man may learne more sinne , then in all the summists and casuists : and in which the price of all sinnes are taxed ; so that one may know before hand , what an adultery , an incest , a parricide , or any other enormious sinne will stand him in , before he resolue to doe it : if you consider how peaceable and compatible it is with secular magistracy , by this experience , that more catholique princes admit toleration of the reformed religion , then princes of our profession , admit yours ; out of an assurance of the turbulency , and tempestuousnesse naturally venting out of the grounds of the iesuits : you will then perceiue how blinde a prognosticator that dutch-man is , who vpon two and fortie vaine and imaginary reasons , hath grownded a prophecy of the imminent ruine of this religion ; and how hasty that abortion , and precipitation was in the french-man , who hath written the history of the actuall ruine of this profession , whilst it is yet in her growing estate , and by the mercy of our saui●ur , euery day more and more aduanced . and if you will suffer these things to enter your vnderstanding and iudgement , i cannot doubt of your will to conforme your selues : for it is truely said , nothing is so contrarie to the will and consent , as errour : and whatsoeuer appeares true to the iudgment , seemes good to our will , and begets a desire to doe it . but if you shut vp that dore , and so expose your selues , that men may possesse your will , without entring by your iudgement , they enter like theeues at the window , and in the night . for , though the will bee as a window , somewhat capable of light , yet your selues benight your whole house , by drawing these curtaines vpon your iudgement . and in all afflictions drawne vpon your selues by this will or wilfulnes , when you shall say to god , as his people did by esay , wherefore haue we fasted , and thou seest it not ? we haue punished our selues , and thou regard'st it not : god will answere , as he did then ; beholde , in the day of your fasts you seeke your will : that is , you pursue your owne stubborne determinations , and haue humane and corrupt respects in all your tribulations . there was a law amongst some grecians , that if a sicke man drunke wine without aduise of his physitian ; though that ●aued his life , he should be put to death , for doing it before he was commaunded . o what bitter punishment must then attend your presumption , who in stead of their wine , take gall and poyson , and instead of their recouery , endanger your selues to a double perishing ; and are so farre from hauing any direct commandement for it , that you haue expresse and iust inhibitions against it ? o what spirituall calenture possesses you , to make this hard shift to destroy your selues ? if you be fishers of men , why dooth hee which sends you , first raise stormes and tempests of treason , and scandall ; and expose you to a certaine shipwracke ? it is a note which one of your famous preachers hath giuen ; that fish will not be taken with a bloody nette ; and yet your fishermen are sent with no other nets , then such as must be stained with our blood , if they can get it , or if they misse it , with yours and their owne . they are content to teach in other places , that the pope cannot binde a man to impossible things ; and to extend the worde impossible to any thing , which cannot iustly , honestly , or conueniently bee done ; they are content to teach , that the pope cannot command somethings , though they be naturally good and meritorious , as to iterate a confession after it is once made : onely to you they are so rigid and sowre , that a breue which you are not sure was sent , and you are sure that it ought not to haue beene sent , must binde you to an obedience in these capitall dangers ; and like pythagoras schollers , you must suffer your selues to be slaine , rather then stirre your foote , and tread downe a beane . and what is your recompence ? you shall bee martyrs ; and yet baronius himselfe , who is liberall enough of martyrdome , speakes of your case somewhat inconstantly and irresolutely , when he sayes of english and french martyrs , scimus eos esse in caelo , vt par est credere , we know they are in heauen , as it is fit for vs to beleeue . but as he which died of the bite of a weasell , lamented because it was not a lyon : so consider , it is not the catholicke faith , which you smart for , but an vniust vsurpation , and that it is not the lyon of iuda , for whose seruice and honour your liues were well giuen , but it is for a weasell , which crept in at a litle hole , and since is growne so full and pamperd , that men will rather die , then beleeue that he got in at so little an entrance . how hungerie of poyson , how ambitious of ruine , how peruious and penetrable to all meanes of destruction are you , vpon whom your iesuits and other confessors , haue not onely the force of those men , who are said to haue beene able to kill men by looking vpon them in anger , but of those also , which can bewitch by faire words , and can prayse a man to death ? for as the angrie eye of the first sort slew some : so doe the comminations and terrors of these breues , thrust some of you into these dangers . and as , if the men of the second sort ( whereof there were whole families in afrique ) did but commend trees , corne , cattell , or children , they prosperd no farther , but perish'd presently : so , after these men , with whose families europe abounds , doe but tell you , that you are borne of catholicke parents , that onely you are in the arke , that you are in possession of good estates , fit sacrifices for the catholicke church , that tyou are remarkeable and exemplar men , by whom your tenants , and seruants , and children are led and guided ; that you are chosen by god for pillars to sustaine his materiall church , as priests are for the spirituall : that you are martyrs apparant , and attended and staid for in the triumphant church : you prosper no more , but wit●er in a consumption , and hauing headlongly dissipated and scattered your estates , you runne desperately into the danger of the law , or sustaine a wretched life by the poore crummes of others pensions . and that vicious affectation of priesthood , or of regular religion , which one of your preachers notes out of cassianus , to possesse many men , whome therupon he cals sacerdotes non entes , hath bewitched you with a stronger charme . and as that drawes them from their office of societie , by a ciuill and allegoricall death , in departing from the world into a cloyster , so this throwes you into a naturall , or vnnaturall and violent death , by denying due obedience , and by entring into rebellious actions . many men , sayes that preacher , are caried to this desire by humane respects , and by the spirit , either of their blood and parents when they doe it to please them , or by the spirit of giddinesse and leuitie , or by the spirit of libertie , to be deliuered from the bondage and encombrances o● wife and child●en , or else violently , by aduersitie and want . and these diseases , which hee obserued in them , i know you cannot chuse but find in your selues , and in a more dangerous , and deadly measure and proportion . and if there bee not too much shame and horror in such a meditation , but that you dare to looke backe vpon all the passages betweene your church and ours , in the time of the late queene , and his maiestie who now gouernes , you shall see , that the rocke was here , and all the stormes and tempests proceeded from you , when from you came the thunders a●d lightnings of excommunications . but as in those times , when diuinations and coniectures were made vpon the fall of lightnings , those lightnings which fel in the sea , or tops of mountaines , were neuer brought into obseruation , but were cald bruta fulmina : so how vaine his excommunications against islanders , and dwellers in the sea , haue proued , we and venice haue giuen good testimonie , as many other great princes haue done , by despising his bruta fulmina , when they haue beene cast vpon so great and eminent mountaines , as their supremacie is . from you also haue come the subtill whisperings of rebellious doctrines , the frequent and personall trayterous practises , the intestine commotions , and the publique and foraine hostile attempts , in which , as we can attribute our deliuerance to none but god , so we can impute the malignitie thereof originally , to none but the deuill . whose instruments the iesuites ( as we in our iust warres haue giuen ouer long bowes for artillerie ) being men of rounder dispatch , then the church had before , impatient of the long circuit and litigiousnes of excommunications , haue attempted a readier waie : and as the inuention of gun-powder is attributed to a contemplatiue monke ; so these practique monkes thought it belonged to them , to put it into vse and execution , to the destruction of a state and a church ; through which nimblenesse and dangerous actiuitie , they haue corrupted the two noble inuentions of these later ages , printing and artillery by filling the world with their libels , and massacres . it becomes not me to say , that the romane religion begets treason ; but i may say , that within one generation it degenerates into it : for if the temporall iuris●diction ( which is the immediate parent of treason ) be the childe of the romane faith , and begot by it , treason is the grand-childe . but as erasmus said of that church in his time , syllogismi nunc sustinent ecclesiam , wee may iustlie say , that this doctrine of temporall iurisdiction , is sustained but by syllogismes , and those weake , and impotent , and deceiueable . and as it cannot appeare out of all the authors , which speake of saint peters remaining at rome , whether his body be there , or onely his ashes : so can it not be cleare to you , that the body of christian religion is there , since it is oppressed with such heapes of ashes , and dead doctrine , as this of temporall iurisdiction ; so that diuers other churches , which perchance were kindled at that , may burne more clearely and feruently , then that from which they were deriued● but my purpose is not to exasperate , and aggrieue you , by traducing or drawing into suspition the bodie of your religion , otherwise then as it conduces to this vicious and inordinate affectation of danger : yet your charitie may giue me leaue to note , that as physitians , when to iudge of a disease , they must obserue decubitum , that is , the time of the patients lying downe , and yeelding himselfe to his bedde ; because that is not alike in all sicke men , but that some walke longer before they yeelde , then others doe ; therefore they remooue that marke , and reckon ab actionibus laesis : that is , when their appetite , and digestion , and other faculties fail'd in doing their functions and offices : so , if we will iudge of the diseases of the romane church , though because they crept in insensiblie , and the good state of health , which her prouident nources indued her withall , made her hold out long ; we cannot well pitch a certaine time of her lying downe and sickning , yet we may wel discern actiones laesas , by her practise , and by her disusing her stomach from spirituall foode , and surfetting vpon this temporall iurisdiction : for then she appeared to be lame and impotent , when she tooke this staffe and crouch to sustaine her selfe , hauing lost the abilitie of those two legges , whereon shee should stand , the word and censures . and if the suspicious and quarrelsome title and claime to this temporall iurisdiction ; if gods often and strange protection of this kingdome against it , by which he hath almost made miracles ordinarie and familiar , if your owne iust and due preseruation , worke nothing vpon you , yet haue some pitie and compassion towards your countrey , whose reputation is defaced and scandalized by this occasion , when one of your owne authors , being anguished and perplexed , how to answere these often rebellions and treasons , to put it off from that religion , layes it vpon the nature of an englishman , whom , in all professions he accuses to be naturally disloyall and trecherous to his prince . and haue some pitie and compassion ( though you neglect your particulars ) vpon that cause , which you call the catholicke cause : since , as we say of agues , that no man dies by an ague , nor without an ague : so at executions for treasons , we may iustly say , no man dies for the romane religion , nor without it . such a naturall consequence , or at least vnluckie concomitance they haue together , that so many examples will at last build vp a rule , which a few exceptions , and instances to the contrarie will not destroy . i call to witnesse against you , those whose testimonie god himselfe hath accepted . speake then and testifie , o you glorious and triumphant army of martyrs , who enioy now a permanent triumph in heauen , which knew the voice of your shepheard , and staid till he cald , and went then with all alacritie : is there any man receiued into your blessed legion , by title of such a death , as sedition , scandall , or any humane respect occasioned ? o no , for they which are in possession of that laurell , are such as haue washed their garments , not in their owne blood onely ( for so they might still remaine redde and staind ) but in the blood of the lambe which changes them to white . saint chrisostome writes well , that the sinner in the gospel bath'd and wash'd her selfe in her teares , not in her blood : and of saint peter , hee askes this question ; when he had denied christ , numquid sanguinem fudit ? no , sayes he , but hee powrd foorth teares , and washed away his transgression . that which christian religion hath added to old philosophie , which was , to doe no wrong , is in this point , no more but this , to keepe our mind in an habituall preparation of suffering wrong : but not to vrge and prouoke , and importune affliction so much , as to make those punishments iust , which otherwise had beene wrongfully inflicted vpon vs. wee are not sent into this world , to suffer , but to doe , and to performe the offices of societie , required by our seuerall callings . the way to triumph in secular armies , was not to be slaine in the battell , but to haue kept the station , and done all militarie dueties . and as it was in the romane armies , so it ought to be taught in the romane church , i●s legionis fac●le● non sequi , non fugere . for we must neither pursue persecution so forwardly , that our naturall preseruation be neglected , nor runne away from it so farre , that gods cause be scandaliz'd , and his honour diminished . thus much i was willing to premit , to awaken you , if it please you to ●eare it , to a iust lo●e of your owne safetie , of the peace of your countrey , of the honour and reputation of your countreymen , and of the integritie of that , which you call the catholicke cause ; and to acquaint you so farre , with my disposition and temper , as that you neede not be afraid to reade my poore writings , who ioyne you with mine owne soule in my prayers , that your obedience here , may prepare your admission into the heauenly hierusalem , and that by the same obedience , your dayes may bee long in the land , which the lord your god hath giuen you . amen . psevdo-martyr . chap. i. of martyrdome and the dignitie thereof . as a depositarie to whose trust some pretious thing were committed , is not onely encombred and anxious , to defend it from the violencies and subtleties of outward attempters , but feeles within himselfe some interrupt●ons of his peace , and some inuasions vpon his honesty , by a corrupt desire , and temptation to possesse it , and to employ vpon his owne pleasure or profit , that of which he is no proprietary : and neuer returnes to his security , out of these watchfulnesses against other , and reluctations with himselfe ; till he who deliuered this iewell , resume it againe : so , till it please the lord , and owner of our life to take home into his treasurie , this rich carbuncle our soule , which giues vs light in our night of ignorance , and our darke body of earth , we are still anguished and trauelled● as well with a continuall defensiue warre , to preserue our life from sickenesses , and other offensiue violences ; as with a diuers and contrary couetousnes , sometimes to enlarge our state and terme therein , somtimes to make it so much our owne , that we may vnthriftily spend it vpon surfets , or licentiousnes , or reputation . from thence proceeded that corrupt prodigality of their liues , with examples whereof all histories abound ; honour , ease , deuotion , shame , want , paine , any thing serued for a reason , not only to forsake themselues , or to expose themselues to vn-euitable dangers , but also to be their owne executioners● yea we read of the women of a certaine town , that in a wantonnes had brought it vp for a fashion , to kill themselues . which corruption , and ambition of beeing lord of our selues , euery sort of men , which contributed their helpes to the preseruation and tranquility of states , laboured against● as first the philosopher , who obseruing that honour and ●ase did principally draw men into this inclination , because they were desirous to get a name of during , and of greatnes , and to escape the miseries which euery day in this life presents , and heapes vpon vs ; did therefore teach , that nothing was more base and cowardly , then to kill ones selfe , so to correct that opinion of getting honour by that act : and to ouerthrow the other opinion of ease , they taught death to be the most miserable thing which could fall vpon vs. and when the spaniard in the indies found a generall inclination , and practise in the inhabitants to kill themselues , to auoide slauer●e ; they had no way to reduce them , but by some dissemblings and outward counterfeitings , to make them beleeue , that they also killed themselues , and so went with them into the next world , and afflicted them more then , then they did in this . . the emperors also by their lawes and ciuil constitutions , haue opposed remed●es against this ordinary disease , by inflicting forfaitures and infamou● mulctes vpon them which shold do it . and the church hath resisted it by her canons , which denie them christian buriall , and refuse their oblations at the altars . and with what seuere lawes , other particular states haue laboured against it , appeares by the law of our nation , which esteemes it not only man●slaughter but murder . and by that law in the ea●ledome of flanders , which reckons it amongst the heinous names of treason , heresie , and sedition . and yet it was obserued , that this corruption was so inhaerent and rooted , and had so ouergrowne our nature , or that corruption which depraues it , that neither those imperiall lawes , nor that forme of a state which plato ide●ted , nor that which sir tho. moore did imagine and delineate thought it possible vtterly to extirpate and roote out this disposition , but onely to stoppe and retard the generall precipitation therein : and therefore in their lawes they haue flattered our corruption so much , as to appoint certaine cases and reasons , and circumstances , in which it might be lawfull to kill ones selfe . and almightie god himselfe , who disposes all things sweetely , hath beene so indulgent to our nature , and the frailty thereof , that he hath affoorded vs a meanes , how wee may giue away our life , and make him , in a pious interpretation , beholden to vs for it ; which is by deliuering our selues to martyredome , for the testimony of his name , and aduancing his glorie : for in this we restore him his talent with profite ; our owne soule , with as many more , as our example workes vpon , and winnes to him . to denie him this , is not onely to steale from him , that which is his , by many deare titles ; as creating , redeeming , and preseruing ; but at such a time , as his honour hath vse of such a seruice at our handes , then to withdraw our testimony from him , is as much a betraying and crucifying of him againe , as it was in them , who by their false witnesse , occasioned his death before . saint iohn saith , that the baptist was not that light , but ( as though that were the next dignity ) hee came to beare witnesse of that light . and when our blessed sauiour re●used to beare witnesse o● him●elfe ; those , whom he reckons as his witnesses , are all of ●o high dignity , as no ambition can be higher , then to be admitted amongst those witnesses of christ ; ●or they are thus laide downe ; first the bapt●st , then his miracles , then his father , and then the scriptures . how soone god beganne to call vpon man for this seruice , by sealing his acceptation of abels sacrifice , in accepting abel for a sacrifice : for so saith chrysostome , abel , in the beginning , before any example , first of all dedicated martyredome . and as soone as christ came into the world , after he receiued the oblations of the kings , presenting part of their temporall fortunes ; the next thing wherein he would be glorified , was that holocaust and hecatombe of the innocent children , martyrd for his name . and though wee cannot by infinite degrees , attaine to our patterne christ , the generall sacrifice ; yet we must exceed those typique times , and sacrifices of the old law ; and be no more couetous of our selues , then they were of their beasts , when that sacrifice is required at our hands : for when we sacrifice our concupiscences , by rooting them out we equall them , who sacrificed their beasts ; but we exceede them , when we immolate our soule and body to god. the blood of the martyres was the milke which nourished the primitiue church , in her infancy , and shall it be too hard for our digestion now ? it was the seede of the church , out of which we sprung ; and shall wee grudge to tithe our selues to god , in any proportion that hee will accept ? as zipporah said to moses , vere sponsus sanguinum es mihi ; the church may well say to christ , who lookes for this circumcision at her hands , and this tribute of blood , which he hath so well deser●ed● both by begetting the church by his blood vpon the crosse● and feeding her still wi●h the same blood in the sacrament . but those whom hee hath pre-ordained to this supreame dignity of martyrdome , god doth ordinarily bring vp in a nouitiate , and apprentisage of worldly crosses and tribulations . and as i●stinians great officer tiberius , when out of a reuerence to the signe of the crosse , he remoued a marble stone from the pauement , and vnder it found a second stone , with the same sculpture , and vnder that a third , and vnder all , great plenty of treasure , had not this treasure in his hope , nor purpose , nor desire before hand , but satisfied himselfe in doing that honour to that signe , which those first times needed : so is the treasure and crowne of martyredome seposed for them , who take vp deuoutly the crosses of this life , whether of pouerty , or anguish'd consciences , or obedience of lawes which seeme burdenous , and distastefull to them ; for all that time a man serues for his freedome , and god keeps his reckoning , from the inchoation of his martyredome , which was from his first submission to these tribulations : which chrysostome testifies thus ; that when one is executed , he is then made a martyr ( that is , declared and accepted ●or a martyre by the church ) but from that time , when he begunne to shewe , that he would professe that religion , he was a martyre , though he endured not that which martyres doe . saint paul●aith ●aith of himselfe , i die daily ; and chrysostome of dauid , he merited the crowne of martyrdome a thousand times in his purpose and disposition , and was slaine for god a thousand times . and these persecutions are not onely part of the martyredome , but they are part of the reward : for so st. marke seemes to intimate , when hee expresseth christ thus ; no man shall forsake any thing for my ●ake , but he shall receiue a hundred folde now at this pre●ent , houses brothers , sisters , mothers and children , and land , with persecutions . so that christ promises a reward , but not to take away the persecution ; but so to mingle and compound them , and make them both of one taste , and indifferency , that wee shall not distinguish , which is the meate and which is the sawce , but nouri●h our spirituall growth as well with the persecution , as with the reward . for this high degree of a consummate martyre , is not ordinarily attained to per saltum , but we must be content to ●erue god first in a lower ranke and order : for as much kings , as come to the possession of a kingdome , by a new , or a violent , or a litigious title , doe vse at the beginning to signe their graunts , and edicts , and o●her publ●que acts , not onely themselues , but admit the subscription and testimony of their counsellers , and nobility , and bishoppes ; but being est●blished by a long succession , and entring by an indubitate title , are confident in their rights , and come to signe teste me ipso : so doth our sauiour christ ordinarily in these times , when hee is in possession of the world , seale his graces to vs by himselfe in his word and sacraments , and do●h not so frequently c●ll witnesses and martyrs , as he did in the primitiue church , when he induced a new religion , and saw that , that maner of confirmation was expedient for the credite and conueiance thereof . and if a man should in an immature and vndigested zeale , expose his life for testimony of a matter , which were already beleeued , or to which he were not called by god , he did no more honor god in that acte , then a subiect should honour the king by subscribing his name , and giuing his t●stimony to any of the kings graunts . chap. ii. that there may be an inordinate and corrupt affectation of martyrdome . the externall honours , by which the memories of the orthodox martyres in the primitiue church were celebrated and enobled , ( as styling their deaths natalitia , obseruing their anniuersaries , commemorating them at their altars , and instituting notaries , to register their actions and passions ) inflamed the heretiques also to an ambition of getting the like glory . and thereupon they did not onely expose and precipitate themselues into ●ll d●ngers , but also inuented new wayes of martyredome ; with hunger whereof they were so m●ch enraged and transported , that some of them taught , that vpon conscience of sinne to kill ones selfe , was by this acte of iustice , a martyrdome● vpon which ground petilian , against whom saint augustine writes , canonized iudas for a x martyre . the rage and fury of the circumcelliones , in extorting this imagined martyrdome ; brought them first to solicite and importune others to kill them ; and if they fail'd in that suite , they did it themselues . and another sect prospered so farre in heaping vp numbers of martyres , that their whole sect was called martyriani . and a zealous scorne to be ouertaken , and ●qual'd in this honor , prouoked sometimes those who write the actes of the orthodoxe martyrs , to insert into their histories some particulars which were not true , and some which were not iustifiable : for of the first sort of these insertions , which proceeded ( as he saith ) out of too much loue to the martyrs , baronius in his martyrologe complaines ; and by the canon which forbids these histories to be reade publiquely in the romane church , it seems they were careful that the people should not thereby be taught and encouraged , to bring such actions into consequence and imitation , as , ( if the immediate instinct of gods spirit , did not iustifie them ) would seeme indiscreete and intemperate . nor were they onely , which corrupted the stories in fault , but out of binius , the last compiler of the councels , we may perceiue , that euen they which were orthodoxe pro●essors , had some tincture of this ouer-vehement affectation of martyredome : for he saies , that the sixeteth canon of the eliberitane councell ( by which it is enacted , that those christians which attempted to breake the idols of the gentiles , and were slaine by them , should not be numbred amongst the martyrs ) was made to deterre men from following such examples , as eulalia , who being a maide of twelue years , came from her fathers house , declared her selfe to be a christian , spit in the iudges face , and prouoked him to execute her . to which they were then so inclin●ble , that as a catholique author hath obserued , that state which inflicted those persecutions ; sometimes made edicts , that no more christians should be executed , because they perceiued how much contentment and satisfaction , and complacency some of them had in such dying . and although these irregular and exorbitant actes be capable of a good interpretation ; that is , that the spirit of god did by secret insinuations e●cite and inflame them , and such as they were , to pu● feruor into others at that time ; yet certainly god hath already made his vse of them , and their examples belong no more to vs , in this part and circumstance of such excesses . and though this secret and inward instinct and mouing of the holy ghost , which the church presumes , to haue guided not onely these martyres , in whose forwardnesse these authors haue obserued some incongruity with the rules of diuinity , but also sampson , and those virgines which drowned themselues ●or preseruation of their chastity , which are also acounted by that church as martyres ; although ( i say ) this instinct lie not in proofe , nor can be made euident ; yet there are many other reasons , which authorize and iustifie those zealous transgressions of theirs ( if any such were ) : or make them much more excuseable , then any man can be in these times , and in these places wherein we liue . for the persecutions in the primitiue church were raised either by the gentiles or the arrians ; either the vnity of the god-head , or the trinity of the persons was euer in question : which were the elements of the christian religion , of which it was fram'd and complexioned ; and so to shake that , was to ruine and demolish all . and they were also the alphabet of our religion , of which no infant or neophyte might be ignorant . but now the integrity of the beliefe of the roman church , is the onely forme of martyrdome ; for it is not allowed for a martyrdome to witnes by our blood , the vnity of god against the gentiles , nor the trinity of persons against the turke or iew , except we be ready to seale with our blood contradictorie things , and incompatible for the time past : ( since euidently the popes haue taught contradictorie things ) and for the time present , obscure and irreuealed thinges , and entangling perplexities of schoolemen ; for in these , yea in future contingencies , we must seale with our blood , that part which that church shall hereafter declare to be true . this constant defence of the foundation , and this vndisputable euidence of the truth , was their warrant : and they had another double reason , of making them extremely tender , and fearefull of slipping from their profession ; which was first the subtilties and artifices of their aduersaries , to get them to doe some acte , which might imply a transgressing and dereliction of their religion , though it were not directly so ; and so draw a scandall vpon their cause , and make their simplicity seeme infirmity , and impiety : and secondly , the seuerity which the church vsed towards them , who had done any such acte , and her bitternesse and a●ersenes , from re assuming them , euen after long penances , into her bosome . for by the third canon of the eliberitane counc●l , which i ment●oned before , it appeares , that euen they whom they called libellaticos , because they had for money bargained and contracted with the state , to spare them from sacrificing to idolles ( though this were done but to redeeme their vexation and trouble ) were seperated from the holy communion . but none of these reasons can aduantage or relieue those of the romane perswasion in these times , because no point of catholique faith , either primary and radicall , or issuing from thence by necessary deduction and consequence , is impugned by vs ; nor their faith in those points , wherin it abounds aboue ours , explicated to them by any euidence , which is not subiect to iust quarrell and exception ; nor are our magistrates laborious or actiue to withdrawe them by any snares from their profession , but only by the open and direct way of the word of god , if they would heare it nor is the church so sowre and tetricall , but that she admits with ease and ioy , those , which after long straying , not only into that religion , but into such treasons and disobediences , as that religion produces , returne to her againe . chap. iii. that the romane religion doth by many erroneous doctrines mis-encourage and excite men to this vicious affectation of danger : first by inciting secular magistracy : secondly by extolling the value of merites , and of this worke in special , by which the treasure of the church is so much aduanced : and lastly , by the doctrine of purgatory , which by this acte is said certainely to be escaped . the first part of principallity and priest-hood . hauing laide this foundation , that the greatest dignitie , wherewith god hath enriched mans nature , ( next to his owne assuming thereof ) may suffer some infirmitie : yea , putrefaction , by admixture of humane and passionate respects , if when we are admitted to bee witnesses of gods honour , we loue our owne glory too much , or the authoritie by which this benefit is deriu'd vpon vs , too little , which is the function of secular magistracie : we are next to consider , by what inducements , and prouocations , the doctrine and practise of the romane church doth put forward , and precipitate our slipperie disposition into this vicious and inordinate affection , and dangerous selfe-flatterie . in three things especially they seeme to me , to aduance and ●oment this corrupt inclination . first , by abasing , and auiling the dignitie and persons of secular magistrates , by extolling ecclesiasticke immunities and priuiledges : secondly , by dignifying and ouer-valewing our merits and satisfactions , and teaching that the treasure of the church , is by this expence of our blood increased . and thirdly , by the doctrine of purgatorie , the torments whereof are by this suffering said to be escaped and auoided . and in the first point , which is a dis-estimation of magistracie , they offend two wayes . comparatiuely , when they compare together that and priest-hood , and positiuely , when not bringing the priestly function into the ballance , or disputation , they giue the pope authority as supreame spirituall princesse , ouer all princes . when the first is in question of priesthood and magistracy , then enters the sea , yea deluge of canonists , and ouerflowes all , and carries vp their arke ( that is the romane church , that is the pope ) fifteene cubites aboue the highest hils , whether kings or emperours . and this makes the glosser vpon that canon , where priesthood is said to exceede the layetie , as much as the sunne , the moone , so diligent to calculate those proportions , and to repent his first account as too low , and reforme i● by later calculations , and after much perplexity to say , that since he cannot attaine to it , he will leaue it to the astronomers ; so that they must tell vs , how much the pope exceedes a prince : which were a fit work for their iesuite clauius , who hath expressed in one summe , how many granes of sand would fill all the place within the concaue of the firmament , if that number will seeme to them enough for ●his comparison . but to all these rhapsoders , and fragmentar● compilers of canons , which haue onely am●ss'd and shoueld together , whatsoeuer the popes themselues or their creatures haue testified in their owne cause ; amandus polanus applies a round , and pregnant , and proportionall answere , by presenting against them the edicts and rescripts of emperours to the contrary , as an equiualent proo●e at least . and for the matter it selfe , wherein the ecclesiastique and ciuill estate are vnder and aboue one another , with vs it is euident and liquid enough , since no prince was euer more indulgent to the clergie , by encouragements and reall adu●ncing , nor more frequent in accepting the foode of the worde and sacrament at their hands , in which he acknowledges their superiority , nor the clergy of any church more inclinable to preserue their iust limits ; which are , to attribute to the king so much , as the good kings of israel , and the emperours in the primitiue church had . it is intire man that god hath care of , and not the soule alone ; therefore his first worke was the body , and the last worke shall bee the glorification thereof . he hath not deliuered vs ouer to a prince onely , as to a physitian , and to a lawyer , to looke to our bodies and estates ; and to the priest onely , as to a confessor , to looke to , and examine our ●oules , but the priest must aswel endeuour , that we liue ver●uously and innocently in this life for society here , as the prince , by his lawes keepes vs in the way to heauen : for thus they accomplish a regale sacerdotium ; when both doe both ; ●or we are sheepe to them both , and they in diuers relations sheepe to one another . accordingly they say , that the subiect of the canon law is homo dirigibilis in deum , & bouū commune ; so that that court which is , forum spirituale , considers the publique tranquility . and on the other side charles the great , to establish a meane course between those two extreame councels , of which a one had vtterly destroyed the vse of images in b churches● the other had induced their adoration , takes it to belong to his care and function , not onely to call a c synode to determine herein , but to write the booke of that important and intricate point , to adrian then pope ; which d steuchius saith , remaines yet to be seene in bibliotheca palatina , and vrges and presses that booke for the popes aduantage . and in the preface of that booke , the emperour hath these wordes : e in sinu regni ecclesiae gubernacula suscepimus ; and to proceede , that not only he , to whom the church is committed , ad regendum , in those stormy times , but they also which are enutriti ab vberibus must ioine with him in that care : and therefore he addes , that he vndertooke this worke , cum conhibentia sacerdotum in regno suo ; neither would this emperour ( of so pious affections towards that sea , expressed in pro fuse liberalities ) haue vsurped any part of iurisdiction , which had not orderly deuolued to him , and which he had not knowne to haue beene duely executed by his predecessors . whose authoritie , in disposing of church matters , and direct●on in matters of doctrine , together with the bishops , appeares abundantly and euidently out of their owne lawes , and out of their rescripts to popes , and the epistles of the popes to them . for we see , by the imperial law , the authoritie of the prince and the priest made equall , when it is decreed , a that no man may remoue a body out of a monument in the church , without a decree of the priest , or commandement of the prince . and yet there appeares much difference , in degrees of absolutenesse of power , betweene these limitations of a decree and a commandement . and leo the first , writing to the emperour martianus , reioyses , that he found b in christianiss mo principe sacerdot alem affectum . and in his epistle to leo the emperour , vsing this preface for feare least hee should seeme to diminish him in that comparison ( christiana vtor libertate ) he saith , i exhort you to a fellowshippe with the prophets and apostles , because you are to be numbred inter christi praedicatores : hee addes , that kings are instituted , not onely ad mundi regimen , but chiefly ad ecclesiae presidium : and ●herefore he praies god to keepe in him still , animum eius apostolicum & sacerdotalem . so for his diligence in the church gouernement , simplicius , the pope salutes the emperour zeno. e●ultamus vo●i● in esse animum sacerdotis & principis : for which respect his successor a felix the third , writing to thesame emperour , salutes him wi●h his stile : dilectissimo fratri zenoni , which is a stile so peculiar to those , which are constituted in the highest ecclesiastique dignities as bishoppes and patriarches , b that if the pope should write to any of them by the name of sons , which is his ordinary stile to secular princes , it vitiates the whole diplome , and makes it false . and a c synodicall letter from a whole councell to a king of france , acknowledges this priestly care in the king , thus , quia sacerdotalimentis affectu , you haue commaunded your priests to gather together , &c. which right of general superintendencie ouer the whole church , d anastasius the emperour dissembled not , when writing to the senate of rome to compose dissentions there , hee called hormisda the pope , papam almae vrbis romae , but in the inscription of the letter , amongst his owne titles , he writes pontifex inclitus . e gregory himselfe ( though his times to some tastes , seeme a little brackish , and deflected from vpright obedience to princes ) saith of the emperours● that no man can rightly gouerne earthly matters , except he know also how to handle diuine . and in the weakest estate , and most dangerous fitt that euer secular magistrate suffered and endured , gregory the seuenth denied not , that these two dignities were as the two eyes of the body , which gouernd the bodie of the church in spirituall light ; which is more , then the comparisons of soule and body , and of golde and leade , as they are now vsurped and detorted , can affoord . and the euidence of this truth hath extorted from binius ( a seuere and heauie depresser of kings , ) thus much ( though but in a marginall note ) imperatores sacra & secularia ex aequo curant . and so much did pope iohn the eight willingly acknowledge to lodouic the sonne of charles , that he was cooperator sui certaminis . and as balsamo saith upon the fourth generall councell of chalcedon , that it belongs to the emperour to designe the limits of diocesses , and to erect a bishopricke into a metrapolitane seate , and to appoint who shall possesse them . so to that canon in the councell of trullo which forbidding all lay persons to come within a certaine distance of the altar , doth not extend to the emperours , si quidem voluerit creatori dona offerre ex antiquissima consuetudine : and to balsamoes notes thereupon , that orthodoxe emperours , because they are christi domini , haue also pontificall graces from god , and by inuocation of the holy trinity , they create patriarchs , they come vnto the altar , et sufficiunt sicut & antistites : binius opposes no more , but that the canon was made in flatterie of the emperour , which is not enough to defeate the canon , nor eneruate the credite thereof , since that canon was not introductory then , but declaratorie of an auncient custome , as the words thereof doe fully euict and proue . and not onely councels submitted their decrees to the emperours for authoritie , and supplemen● of defects , but the popes themselues con●ul●ed the emperours be●ore hand , by their letters , in matters of greatest difficultie and importance : so leo the fi●st writes to martianus the emperour , about the establishing of easter , in which point the church suffered more stormes & schismes , then almost in any other , that did not concerne the trinitie , and at this time nothing was certainely determined and decreed therein . thus then he writes to him , cupio vestrae clementiae studijs adiuuari , that so no error may be committed in the obseruation thereof . and leo the eight , exhorts the sonnes of charles , as partners in his pastorall care to imploy baculos redargutionis . and concerning some spiritual matters , then to be determined , he ends his epistle thus , the penne must first be dipped in the fountaine of your heart , and then my hand shall frame the characters . and so when a bishop of constantinople stood out in some things against the emperor , the bishop of rome , who at that time had iustly acquir'd a great reputation in the catholicke church , writes to the emperour , that if that bishop perseuer in such courses , as displease god , and the emperour , salua mansuetudinis vestrae reuerentia , vtar in e●m liberiori constantia . so that hauing first asked the emperour leaue , he offers him his assistance . and though gregorie the first ( whom wee may iustly call a border-pope , because though hee made no deepe roades into the iurisdiction of princes , yet he extended his owne to the vtte●most inch , and sometimes transgressed a little beyond ) though he , i say , suspended one , to whome orders were giuen by the emperours commandement , yet hee doeth not this absolutely , but because he knew ( as he said ) the emperours minde therein , and that particular parties vnworthinesse ; he suspended him , vntill he might vnderstand from his responsall with the emperor , whether that pretended commandement from the emperour were not subreptitious . and when this correspondence was intermitted , as it appeares often to haue beene , to the preiudice of the whole church , the emperours were euer forwardest to labour a re-union and concurrence of their powers , to the benefit and peace thereof ; as anastatius testifies thoroughly in a letter to hormisda , in these words ; before this time , the hardnesse of them , to whom the care of this bishopricke , which you now gouerne , was committed , made vs abstaine from sending any letters ; but now , since their runnes a sweete opinion of you , it hath brought backe to our memorie , the goodnesse of a fatherly affection , that we should require those things , and so foorth . by which , all these circumstances appeare , that the emperours did vse to write , and that the fault which induced a discontinuance thereof , proceeded from the pope ; and that the emperour pretermitted no opportunitie of resuming that custome ; and that where he writ , he did it out of a fatherly care , and by the way of ●equiring . and how mu●h ioy hormisda conceiued by this letter , ap●●ares by his phrase of expressing it , sacros affatus congrua veneratione acc●pimus . with like care iustinus the emperour exhorts the same pope , to a peace and vnion with the easterne church , by his letters which hee cals diuinos apices . and scarse by any one thing doth this care of princes , and obsequiousnesse of popes appeare more , then by the letter of pelagius the first ( who was littl● aboue . yeares ●rom christ ) to childebert king of france , in these words . we must endeuour , for the taking away of all scandall of suspition , to present the obsequiousnesse of our confession , vnto kings , to whom the holy scriptures command euen vs to bee subiect . for ruffi●●s , your excellencies ambassadour , asked from vs confidently , as became him , that either we should signifie to you , that we did obserue in all points the faith , which leo had described , or send a confession of our faith in our owne words . and ●o accordingly he perfor●es both , as well binding himselfe to the faith of his predecessours , as exhibiting to the king another forme of the same faith , compos'd and digested by himselfe ; which , if the bishops of that se● would accept now , i doe not perceiue wherein there could be any schisme . and as the emperours were carefull assistants of the popes , that that mother church at whose breast most o● the westerne churches sucked their spiri●u●ll no●rishment , should be infected with no poison , because it might easily be deriued from thence to the other members ; so did they not attend the leisure of that churches resolution , nor the incommodity of generall councels but vsed their owne power to gouerne their churches , by constitutions of their owne ; for so a iustinian the emperour sayes of his owne lawe , by which he priu●ledges certain religious houses ; we offer vp this diuine law as a faire and conuenient sacrifice to christ. so that eyther that attribute diuinum was then affoorded to ciuill constitutions , or the ●mperour made ecclesiastique lawes , if that word belong on●ly to such . b the emperours tooke it into their care , to dispose of their estates which entred into monasteries ; c and of thei●s also which dyed in monasteries ; so that neither the pu●pose of entring , nor the acte , nor the habite , and pe●seuerance deuested the emperour of his right , or hindred the working of the law. a the emperours also by their lawes appointed which of their subiects might not take orders , b and at what age orders might be confer'd ; and that no woman after a second marriage might be diaconissa ; c which was , to make a law of bigamy . yea they commanded and instructed in matter of faith ; for so d iustinian saies of himselfe , we are forward to teach , what is the right ●aith of christians , and we anathematize apollinarius e . so also honorius and theodosius inflict the punishment of death vpon any catholique minister ( for then neither that name was abhorred by priests , nor they exempt from criminall lawes ) which shold re-baptize any man ; and yet this was a meere spirituall offence . and so f valentinian , and his co-emperours pronounce marriage betweene iewes and christians to be adultery . and g iustinian interprets how a testator shall bee vnderstood , when he appoints christ , or an angell , or a saint to be his heyre . nor deale they onely with temporall punishments vpon ecclesiast●que persons , which is farder then is affoorded them now , but they inflict also spirituall censures : for gratian and his co-emperours pronounce against heretiques , ( that is , impugners of the nicene councell ) that they shall be vtterly secluded from the threshold of the church : and in the next law , which is against nestorians , they say , if the offenders be laymen , anathematizentur , if clergie men , eijciantur ab ecclesijs . a and another of their lawes doth not only inflict temporal & ignominious punishmēt vpon clergy men , but ecclesiastique censures also in these words : if a clergy man be guilty of fals witnes in a pecuniary cause● let him be suspended three yeares , and in a criminall , let him be depriued . b and another susspends for three yeares , euen sanctissimos & venerabiles episcopos ; if they doe but looke vpon players at tables : and that law authorizes him , vnder whose power that offender is , if he appeare penitent , to abbreuiate his punishment ; c and of bishoppes which will not forsake women , it pronounces thus ; abiiciantur episcopatibus . and in the matter of establishing and ordering sanctuaries , d one of the writers of the romane parte hath presented ciuill constitutions enow , to teach vs that , that was within the care and iurisdiction of secular princes . e and when an emperour had created a bishop of antioch , contrary to the forme prescrib'd in the nicene councell , of an intire obseruation , whereof the christian church was extremly zealous , the pope proceedes not by anullings and vociferations , but writes thus to the emperour : we may not dissallow that which you haue done holily and religiously out of a loue to peace and quietnes : by which we see that canons of councels , though they were directions , yet they were not obligations vpon princes for their gouernement . by all which it appeares , that those christian and orthodoxe emperors , iustifying their inherent right , by these frequent and vn-interrupted matters of fact , apprehended not this vast and incomprehensible distance betweene secular and ecclesiastique power , but that they were compatible enough , and conduced , and concurred to one perfection , and harmony of the whole state . and it is related by a an author of great estimation in the romane profession , that gregory the seuenth was author of a new scisme , diuiding and tearing priesthood and principality . b and it is euident that bertram a priest vnder carolus caluus , almost eight hundred yeares since , writing of that diuine and abstruse mysterie , de corpore domini , submits his opinion to the iudgement of the king and his counsaile , as competent iudges of that question : and c cochlaeus saith , that luthers doctrine was condemned for hereticall by an edict of the emperours , with the common assent of the princes and the states . and the holy ghost had well intimated the concurrence of their two powers in d deuter. if those wordes which are in the text , nolens obedire sacerdotis imperio , & decreto iudici , moriatur ; were not chaunged by the vulgate edition , into ex decreto ; and thereby only the priest made iudge of the controuersies , and the magistrate onely executioner of his sentences . for certainely these two functions are not in their nature so distinct , and diametrically oppo●ed , but that they may meete in one matter , yea sometimes in one man , and one man may doe both : for amongst the gentiles , it was so for the most part : and sometimes amongst the israelites . and in late times a maximilian the first , a catholique emperour , thought it belonged to the empire , to haue also the papacy vnited to it : and therfore when iulius the second lay desperately sicke , he endeuoured to bring to execution , that which he had often meditated , and consul●ed , and receiued as approued from some great persons of dignity in that church , which was to bee elected pope in the next conclaue , and to restore the papacy ( as he thought or pretended ) to the emperiall crowne . b and if a lay-man be elected pope , he need not presently be made priest , but he may , if hee will , stay in subdiaconatu . and to that degree they seeme to admit the emperour , when he comes to be crowned at rome ; c for at the communion he administers to the pope in the place of subdeacon . and this in the primitiue church was not ( as d themselues confesse ) ordo sacer : though of late it be growne to be such a perplexed case , whether it were or no , that of those commissioners , which two popes made to suruay the decretals , one company expunged , the other re-assumed e one place in that book , which denies this to haue beene amongst holy orders . the emperour also puts on a surplis , and is admitted as a canonick not only of saint peters church , but of saint iohn laterane ; to which particular churches ( of which the pope is parson , as he is bishoppe of rome , metropolitane of italy , patriarch of the west , and pope of the world , all those blessings and priuiledges which are ordinarily spoken of the catholique church are said by a some to bee irremoueably annexed and appropriate : hereupon some of their owne lawyers say , b that all kings are clergie men ; and that therefore it is sacriledge ●o dispute of the authority of a king. but howsoeuer these two functions , since the establing of christianity , haue for the most part beene preserued distinct , and ought so to be ; yet they are at most , but so distinct as our body and soule : and though our soule can contemplate god of herself , yet she can produce no exterior act without the body . nothing in the world is more spirituall and delicate , and tender then the conscience of a man ; yet by good consent of diuines , otherwise diuersly perswaded in religion , the ciuill lawes of princes doe binde our consciences : and shall the persons of any men , or their temporal goods , be thought to be of so sublimed , and spirituall a nature , that the ciuill constitutions of princes cannot worke vpon them ? nor doe we therfore decline the comparison , so much vrged by the romanes , that the clergie exceede the laiety as much as the body the soule , when it is so conditioned and qualified , as the authors thereof intended it ; that is , that the seales and instruments of gods grace , the sacraments , are in the dispensing of the clergy , as temporall blessings are in the prince and his lawes , strictly and properly , though concurrently both in both , ( for the execution of the most spirituall function of the priest , as it is circumstanced with time and place ; and such , is ordinarily from the prince ) ● but we are a litle affraid , that by a literall and punctuall acceptation of this comparison , we may giue way to that supremacy , which they affect ouer princes ; because their sepulueda saith , that the soule doth exercise ouer the body , herile imperium , vt dominus in seruum● and so by this insinuation should the pope doe ouer the prince . howsoeuer in their first institution popes were meere soules , and purely spirituall , yet as the purest soule becomes stain'd and corrupt with sinne , assoone as it touches the body : so haue they by entring into secular businesse , contracted all the corruptions and deformities thereof , and now transferre this originall disease into their successours . and as in the second nicene councell● when the bishop of thessalonica a●err'd it to be the opinion of basil , athanasius , and methodius , and the vniuersall church , that angels , and soules were not meerely incorporeall , but had bodies● the councell in a prudent con●i●enc●e , fo●bore to oppose any thing against that asseueration , because it facilitated their purpose then , of making pictures and representations of spirits ( though binius now vpon that place , say , his assertion was false and iniurious to the church : ) so though in true diuinitie the pope is meerely spiritual , yet to enable him to depose princes , they will inuest and organize him with bodily and secular iurisdiction , and auerre that all the fathers , and all the catholicke church were euer of that opinion . for the pope will not now be a meere soule and spirit , but spiritualis homo , qui iudicat omnia , & a nemine iudicatur . for so a late writer stiles him , and by that place of scripture enables him to depose princes . no● will this serue , but he must be also spirit●alis princeps ; of which we shall hereaf●er haue occasion to speake . and as a cunning artificer can produce greater effects , vpon matter conueniently dispos'd thereunto , then nature could haue done , ( as a statuarie can make an image , which the timber and the axe could neuer haue ef●ected without him : and as the magicians in egypt could make liuing creatures , by applying and suggesting passiue things to actiue , which would neuer haue met , but by their mediation : ) so , after this soule is entred into this body , this spirituall iurisdiction into this temporall , it produces such effects , as neither pow●r alone could worke , nor they naturally would vnite and combine themselues to that end , if they were not thus compressed , and throng'd together like wind in a caue . such are the thunders of vniust excommunications , and the great earthquakes of trans●er●ing kingdomes . and these vsurpations of your priests haue deseru'd , that that stygmaticall note should still l●e vpon them , which your canons retaine , a that all euill proceedes from priests . for though b manriqe whom sixtus the fift employ'd , had remooued that glosse , yet faber to whom gregorie the thirteenth committed the suruey of the canons , re●aines it still . and ( if the text be of better credit then the glosse ) the text hath auerred saint hieromes words , that searching ancient histories , he cannot find , that any did rent the church● and seduce the people from the house of god , but those which were placed by god , as priests , and prophets , that is , ouersee●s ; for these are turnd into winding snares , and lay scandals in euery place . euen the name of king , presents vs an argument of pure , and absolute , and independant authori●ie● for it e●presses immediatly , and radically his office of gouerning , wher●s the name of bishop hath a metaphorica●l , and similitudinarie deriuation , and being before christianitie applied to officers , which had the ouerseeing of others , but yet with relation to superiours , to whom they were to giue an account , deuolu'd conueniently vpon such prelates , as had the ouerseeing of the inferiour clergie , but yet gaue them no acquitance and discharge of their dueties to the prince . and god hath dignified many races of kings , with many markes and impressions of his power . for by such an influence , and infusion , our kings cure a di●ease by touch , and so doe the french kings worke vpon the same infirmitie . and it is said that the kings of spaine cure all daemoniaque and possessed persons . and if it bee thought greater , that the pope cures spirituall leprosies , and lamenesses of sinne , his office therein is but accessorie and subsequent ; and after an angel hath troubled our waters , and put vs into the poole , that is , after we are troubled and anguished for our sinnes , and after we haue washed our selues often in the riuer iordan , in our tea●es , and in our sauiours blood vpon the crosse , and in the sacrament , then is his office to distinguish betweene leaper and leaper , and pronounce who is clensed : which all his priests could doe as well as he , if he did not monopolize our sinnes by reseruations . and this is as much as seemes to me needfull to bee said of their auiling magistracy , in respect of priesthood : for , for vs priuate men it must content vs , to be set one 〈◊〉 higher then dogges ; for so they say in their missall cases , that if any of the consecrated wine fall downe , the priest or his assistant ought to licke it vp ; but if they be not prepar'd , any lay-man may be admitted to licke it , least the dogge should . and of the comparison of these two great functions● principality and priesthood , i will say no more , least the malignity of any mis-interpreter might throw these aspersions , which i lay vppon persons , vpon the order . and therefore since we haue sufficiently obserued , how neare approaches to priest hood the christian emperours haue iustly made , and thereby seene the iniustice of the romane church , in deiecting princes so farre vnder it : we will now descend to the second way , by which they debase princes , and derogate from their authority . for it is not onely in comparisons with priesthood , that the romane writers diminish secular dignity , but simply and absolutely , when they make the title and iurisdiction of a king so smoakie a thing , that it must euaporate and vanish away by any lightning of the popes breues or censures , except they will all yeeld to build vp his monarchy , and make him heyre to euery kingdome , as he pretends to be to the empire : for a of that ( saith a iesuite ) now there is no more controuersie . b and if the electors dissagree in their election , then the election belongs to him . and whether they agree or no , c this forme of election is to continue but so long , as the church shall thinke it expedient . and if he had such title to all the rest , that monarchie might in a vaster proportion extend it selfe , as farre as one limme thereof , the iacobins , do in paris : d to whom philip le longe , gaue a charter for their dwelling in that citie , in these wordes : a porta eorum , ad portam inferni , inclusiue . and how easily and slipperily princes incurre these censures , may be collected by nauarrus , who saies , it is the catholique faith , without firm beleefe whereof , no man can be saued ; that no prince can erect or extinguish a benefice without the pope ; and to thinke the contrary ( saith he ) doth taste of the english heresie . scarce any amongst themselues can escape that excommunication dormant , which they call bullam caenoe ; in which nauarrus reckons vp so many hooks , with which it takes hold , that euery honest man , and good subiect with vs now , ought to be affraide , least he haue not incurred it , since all they are within the danger thereof , that adhere to any , who hath bu● offended a cardinall : of whose safety the popes are growne so carefull , that in the later decretals it is made treason , euen in a stranger and no sub●ect ; if he haue any kind of knowledge , or coniectu●e of any harme , intended to any of them . and the emperour himselfe if he abett , or receiue , or fauour , or countenance any that doth , or intends personall harme to a cardinall , becomes a traytor . for they are the eldest sonnes of the church , and partake of the maiesty of their father . nor are they brethren to any of lesse ranke , but to such , their stile is but vester vti frater , as baronius writes to schultingius his abbreuiator . and though bishops and the emperour swear fidelity to the pope ; yet , saies gigas , the cardinals doe not take that oa●h , because they are parts of his body , and his owne bowels . and n●t onely all princes are bound to a reuerend respect of them , but a in solemne processions , the image of christ must looke backward , if a cardinall follow ; and god himselfe in the host , must giue them place : for at the coronation of the pope , b when they prouide twelue horses for the pope , and one gentle one for the host , the dignity of the place being measured by the nearenesse to the popes person ; the cardinals place is , to ride betweene the host and the pope . and in their mysterious passages vpon ash-wednesday , c when the pope laies the ashes vpon a cardinall , he saies not to him , as to all others , memen●o homo , quia cinis es , but quia puluis es : intimating perchance , that they are neuer so burnt to ashes , but that the fires of lust or ambition are still aliue in them . to which , i thin●e there was some regard had , when it was so wisely prouided , d that when a cardinall did celebrate masse , there might enter no woman , nor man without a beard . nor doth the pope improuidently , in aduancing them with these dignities and priuiledges , nor in multiplying their number , so directly against the councell of basil , e which limits them to twentie foure ( except , vpon vniting the greek church , it might be thought fit to add two more ) and forbids expresly any nephues of the popes to be admitted . for no excesse in number , f ( though they were returned to two hundred and thirty at once , as they are said to haue beene in pontianus his time ; and though he should pile them vp , and throw them downe , as fast as those popes which created sixe and twenty in one day , and executed sixe in another ) could disaduantage that sea of rome , if they might be prouided out of the states of other princes ( as in a great measure they are ) since the church is their heyre , and they are all but stewards for her . of which the pope gaue a dangerous instance , when he put in his claime for the kingdome of portugall , because the last king was a cardinall . these p●inces , no secular prince may dare to offend , nor subiect adhere to him , if he doe , vpon danger of that bull : and yet they are made iudges of the actions of all princes , as baronius saies ; and so oppressed with infinit suits against princes , that it may be fitly sa●d of them , which iob saies , ecce genuit gigantes sub aquis , & qui habitant cum eis : which wordes the cardinals will not thanke baronius for applying to them , if they consider that lyra interprets this place of gyants drowned in the flood , and now damn'd and lamenting in hell . but now , a cardinall cannot chuse but bee a person of great holinesse and integritie , since there is a decretall in a gen●rall councell , and a bull of leo the tenth , which doe not only hortari , and mouere , but statuere , and ordinare , that euery cardinal shall be of good life . and as these censures and excommunications of the pope , inuolue all causes , so doe they all persons , except the pope himselfe , and such companie , as the canons haue appointed him in this e●emption , which are , locusts , ●nfid●ls , and the diuell . for these , and the pope , sayes nauarrus , cannot be excommunicated : yet as in their exorcismes of persons possessed , it is familiar to them , when the diuell is stubborne , to call him a heretique , and b excommunicate , so some popes haue kept him companie in both those titles . and as they cal their hermits locusts ( because as it is in salomon , they haue no kings , yet they goe forth by bands ) and accordingly the hermits are subiect to no superiour , and in that sense locusts , as their owne glosser stiles them : so may they prodigally extend the name and priuiledge of ine●communicable locusts , to many in the other orders , since as the hermits haue no kings , so many of the others wish , that none else had any king , and doe their best end●uour by au●ling them , to bring them into contempt , and to an nihilate their dignitie and them . he that should compare the stile of thomas becket to his king ( olim seruus , nunc in christo dominus ) with that of dauid , after he knew saule to be reproued by god , and himselfe anoynted , ( after whom is the king of israel come out ? after a dead dogge , and after a flea ? ) would suspect that this difference of st●le , was not from one author . saint chrisostome notes , that euen to nabuchonozor , who persecuted them for their faith , they which were condemned , said : notum sit tibi rex ; and would not offer to the tyrant , that contumelious name . and to prophane and irreligious princes , god himselfe in his bookes , affoords one of his owne names , christ. what high stiles did many christian and orthodoxe emperours assume to themselues ? the law stiles the emperour , a sanctissimum imperatorem . and his priuiledges , b diuinas indulgentias . so gratian and his colleagues in the empire , in the first law of the code , call their c motus animi , caeleste arbitrium . and theodosius and valentinian making a law with a non obstante , preclude all dispensations , which the emperours themselues might graunt , in these words , d si caeleste proferatur oraculum , aut diuina pragmatica sanctio . so also theodosius and arcadius , when they make a law for dispatch of suites , begin thus , e nemo deinceps tardiores affatus nostrae perennitatis expectet . and iustinian in the inscription of one of his owne lawes , ins●rts amongst his owne ti●les , f s●mper adorandus augustus . and in a lawe of monasteriall , and matrimoniall causes , ( which are now onely of spirituall iurisdiction ) he threatens , that if any bishop infringe that law , g quam nostra sanxit aeternitas capitis supplicio ferietur . in which stile also theodosius and arcadius ioyne , h adoraturus aeternitat●m vestr●m di●igatur . and an other proceedes somewhat further , i beneficio numinis nostri . and theodosius , and valentinian deliuer it more plainely , k vt sciant omnes , quantum nostra diuinitas auersatur nestorium ; and so in fauour of the puritie and integritie of christian religion , in contemplation whereof , it seemes they were religiously exercised , euen at that time , when hee assum'd these high st●les , they proceede in the same law , we anathematize all nestorius followers , according to those things which are already constituted a diuinitate nostra . and constantius , and irene write themselues di●os ; and the●r owne acts , diualia● and this , pope adrian , to whom they writ , r●prehended not ; but the emperour charles did , and another phrase of as much exorbitance , which was , deus qui nobis conregnat . the highest that i haue obser●ed any of our kings to haue vsed , is in edward the fourth , who in his creation of marques dor●e● , speakes thus of himselfe , cum n●stra maiestas , ad regium culmen subl●●ata existat ; and after , tantum sp●endoris nostri nomen . but a little before his time baldus gaue as much to the king of france , as euer any had ; for he said he was in his kingdome , quidam corporalis deus . and in our present age , a roman author in a dedication of his booke , thus salutes our queene mary : because your highnesse is the strongest bul-warke of the faith , tua n●mina supplex posco ; which is also at●ributed to the emperour in a late oration to him , and to other princes . and in some funerall monuments of queene maries time , i haue read this inscription ; di●is philippo & maria regibus , which word di●us , bellarmine values at so high a rate , that he repents to haue bestowed it vpon any of the saints ; and therefo●e in his la●e recognition blots it out : which tendernesse in him , another ies●ite since disallowes , and iustifies the vse of the worde against bellarmines squeamish abstinence ; because the worde , saies se●arius , may be vsed aswel as temple or as fortune , which are also ethnique wordes . but by his leaue he is too hasty with the cardinall , who do●h not refuse the word , because the ethniques vsed it , but because they appointed it onely to their gods ; bellarmine insimulates al them , which allow that worde to saints , of making saints gods. and though in some of these ti●les of great excesse , which these emp●rous ass●●●'d to themselues ; we may easily discerne some impressions of gentilisme , which they retain'd sometimes , after christian religion had receiued roote amongst them ; as they did also their gladiatorie spectacles , and other wastefull prodigalities of mens liues ; and bondage and seruility , and some other such : yet neither in them , nor in other princes , is the danger so great , if they should continue in them , as it is in the bishoppes of rome . for princes , by assuming these titles , do but draw men to a iust reuerence , and estimation of that power , which subiects naturally know to be in them : but the other , by these titles seeke to build vp , and establish a power , which was euer litigious and controuerted , either by other patriarchs , or by the emperours : for bellarmine hauing vndertaken to proue the pope , to be peters successor in the ecclesiastique monarchy ( which monarchy it selfe is denyed , and not onely the popes right to it ) labors to proue this assumption , by the fifteene great names , which are attributed to the popes . and the farthest mischiefe , which by this excesse princes could stray into , or subiects suffer , is a deuiation into tyranny , and an ordinary vse of an extraordinary power and prerogatiue , and so making subiects slaues , and ( as the lawyers say ) personas res. but by the magni●ying of the bishoppe of rome with these titles , our religion degenerates into superstition ; which is a worse danger : and besides our temporall fortunes suffer as much danger and detriment , as in the other ; for p●inces by their lawes worke onely vpon the faculties and powers of the soule , and by reward and punishment , they encline or auert our dispositions to a loue or feare . but those bishopps pretend a power vpon the substance of our soules , which must be in their disposition , for her condition and state in the next life . and therefore to such as claime such a power , it is more dangerous to allow and countenance any such titles , as participate in any significa●ion of diuinity . for since they make their tribunall and consistory the same with christ , since they say a it is heresie and treason to decline the popes iudgement , per ludibria friuolarum appellationum , ad futurum concilium , as one pope saies ; since they teach , b that one may not appeale from the pope to god himselfe ; c since they direct vs to bow at the name of iesus , and at the name of the pope , but not at the name of christ ; for that being the name of annointed , it might induce a reuerence to princes ( who partake that name ) if they should bow to that name ; since they esteeme their lawes diuine , not as princes doe , by reason of the power of god inherent in all iust lawes , and by reason of the common matter and subiect of all such lawes ( which is publique vtility and generall good ) but because their lawes are in particular dictated by the holy ghost , and therefore it is blaspemy and sinne against the holy ghost to violate any of them ; since themselues make this difference betweene the name of god , as it is giuen to princes , and as it is giuen to them : that princes are called dij laicorum , and they dij principum ; since to proue this , they assume a power aboue god , to put a new sense into his word , which they doe , when they proue this assertion out of these words in exodus ; dijs non detra●es , & principi populi non maledices , for by the first , they say , the popes are vnderstood , and by the second princes ; when as saint paul himselfe applies the latter part to the high priest , and their expositor lyra , and the iesuite sâ , interpret the first part of this scripture of iudges : since , i say , they entend worse ends then princes doe , in accepting or assuming like titles ; and since they worke vpon a more dangerous and corruptible subiect , which is the conscience and religion ; since they require a stronger assurance in vs by faith ; since they threaten greater penalties in any which doubt thereof , which is damnation ; the popes cannot be so excuseable in this excesse as princes may be . and yet princes neuer went so farre as the popes haue done , as we shall see , when we come to consider the title and power of spirituall princes . all this i say , not to encourage princes to returne to those stiles , which christian humilitie hath made them dis-accustome , and leaue off , and which could not be reassum'd without much scandall , but to shew the iniquitie and peruersnesse of those men , who thinke great titles belong to kings , not as kings , but as papisticall kings . for so at a consultation of iesuites in the tower , in the late queenes time , i saw it resolued , that in a petition to bee exhibited to her , shee might not be stiled sacred . though one of their owne order haue obserued that attribute to bee so cheape , that it was vsuall to say , sancti patres conscripti , and sacratissimi quirites , and sanctissimi milites . and our english iesuites vse to aggrauate her defection much , by that circumstance , that shee had beene consecrated , and pontifically anoynted , and inuested at her coronation , and therefore was sacred . how great a detestation they had of her honour , and of all princes which professe the same religion that shee did , appeares in no one such thing more , then in quirogaes expurgatorie index , where admitting all the reprochfull calumnies of eunapius against martyrs , whose reliques he cals salita capita , with other opprobrious contumelies , they haue onely expunged an epistle of iunius to her , in which there was no words concerning religion , but onely a gratulation of her peace , and of her learning ; which also they haue done in serranus his edition of plato . and as god hath continued his fauours showen to her , vpon her successour , so haue they their malice : for in the second tome of that worke , they haue taken away an epistle dedicatorie to his maiestie , that now is . and as in many of their rules , for that dissection and anatomising of authours , they haue prouided that all religion , and all prophane knowledge shall depend vpon their will : so haue they made a good offer , that all cariage of state businesse shall bee open to them , by expunging all such sentences , as instructor remember princes , in that learning , which those rules cals rationem status , and which ( because italians haue beene most conuersant therein ) is vulgarly called ragion di stato . for this ragion di stato , is , as the lawyers call it , ius dominationis ; and as others call it , arcana imperij . and it pretends no farther but to teach , by what meanes a prince , or any soueraigne state , may best exercise that power which is in them , and giue least offence to the subiects , and yet preserue the right and dignitie of that power . for it is impossible , that any prince should proceede in all causes & occurrences , by a downright execution of his lawes : and he shall certainely be frustrated of many iust and lawfull ends , if he discouer the way by which he goes to them . and therefore these disguisings , and auerting of others from discerning them , are so necessarie , that though , in genere rei , they seeme to be within the compasse of deceite and falshood , yet the end , which is , maintenance of lawfull authoritie , for the publike good , iustifies them so well , that the lawyers abhorre not ●o giue them the same definition ( with that addition of publike good ) which they doe to deceit it selfe . for they define ragion di stato to be , cumaliud agitur , aliud simulatur , bono publico . and the romane authors doe not onely teach , that deceit is not intrinsecè malum , but vpon that ground and foundation , they build equiuocation , which is like a tower of babel , both because thereby they get aboue all earthly magistracie , and because therein no men can vnderstand one another . nor can there be a better example giuen of the vse of this ragion di stato , then their forbidding it● because nothing conduces more to the aduancing of their strength , then that princes should not know , or not vse their owne , or proceede by any wayes remou'd from their discernings . indeed those bookes of expurgation , are nothing else but ragion di stato : that is , a disguised and dissembled way , of preferring their double monarchie . and they that fordid princes the lawfull vse of these arcana imperij , practise for their owne ends , euen flagitia imperij , which are the same things , when they exceede their true endes ( which are iust authority , and the publique good ) or their lawfull waies to those ends , which should euer be within the compasse of vertue , and religion . of which sort are all those enormous dispensations from rome , which no interpretation nor pretence can iustifie● as ( to omit some sacrilegious and too immodest licenses ) that of gregory the third is one , who writ to boniface his legate in germany , that they , whose wiues being ouertaken with any infirmity , would not reddere debitum , might marry other wiues : which binius hath wisely left out . but they are in these expurgations iniurious also to the memorie of dead princes : for a they will not admit our k. edward the sixt , to be said to be admirandae indolis , nor the duke of b wittenberg praeclarus . they will not allow c vlrichus huttenus to be called a learned knight : no , d neither him , nor oebanus hessus to be so much as good poets . but with the same circumspection , that the e belgique index could add to borrhaeus writing vppon aristotles politiques , in this sentence , religionis cura semper pertinuit ad principes , this clause , & sacerdotem ; the f spanish index dooth mutilate velcurio vpon liuy , and from this sentence ( the fift age was decrepite vnder the popes and emperours ) takes out the popes , and leaues the emperours obnoxious to the whole imputation . and as with extreame curious malignity , they haue watched that none of our side be celebrated , so haue they spied some inuisible dangers , which the popes honor might incurre : and therfore as the g spanish copie , hath before luthers name expunged the letter d , least it might intimate doctor , or diuus ; so the h duch copie , hauing found nothing to quarrel at in schonerus the mathematician , expunges in many places a great d. at beginning of diuisions , because in it ( as ordinarily those great initiall letters , haue some figure ) there is imprinted the popes head , and by it the diuell , presenting him a bull. but this inhumanity of theirs hath not deterr'd thuanus from his ingenuity , in giuing to all those learned men , whom he hath occasion to mention , the attributes an● epithetes due to their vertues , though they be of a diuers perswasion in religion from himselfe : but those other men , who in a proude humility will say brother thiefe , and brother wolfe , and brother asse , ( as saint francis ( perchance not vn-prophetically ) is said to haue done ) will admit no fraternity nor fellowshippe with princes . and though the iesuites by the aduantage of their fourth supernumerary vow , of sustaining the papacy , by obeying the popes will ; seeme to haue gone further herein then the rest , yet the last order erected by philip nerius , which was saide to haue beene purposed to eneruate the iesuites ; and by a continual preaching the liues of saints , and the ecclesiastique story , to counterpoise with deuotion , the iesuites secular and actiue learning , though they set out late , haue aemulously endeuoured to ouertake the iesuites themselues in this doct●ine of auiling princes : for bozius hath made all princes tributary or feudatary to the pope , if not of worse condition . and gallonius seemes to haue vndertaken the history of the persecutions in the primitiue church , onely to haue occasion by comparison thereof , to defame and reproach the lawes , and gouernement of our late queene . but baronius more then any other exceeds in this point , for obeying his owne scope and first purpose to aduance the sea of rome , he spares not the most obedient childe of that mother , the catholique king of spaine : for , speaking of the title which that king hath to the kingdome of sicily , he imputes thus much to charles the fift , that being possessed with employments of the fielde , hee gaue way to an edict , by which , grande piaculum perpetratur against the apostolique authority and al ecclesiastqiue lawes were vtterly dissipated : and that hee ioyned together temporall and spirituall iurisdiction● and pretended a power to excommunicate and to absolue euen cardinals , and the pop●s nuncioes , and so , saies he , hath raised another head of the church , pro monstro , & ostento . he addes with extreame intemperance , that this claime to that kingdome was buried a while , but reuiued againe by tyrannicall force , by violent grassation , and by the robbery of princes , who commaunded that to be obeyed as reasonable , which they had extorted by tyranny . and least hee should not seeme to extend his bitternes to the present time , he saies , those princes which hold sicily by the same reasons , doe imitate those tyrants . and so he imputes vppon all the later kings of spaine , as much vsupation of ecclesiastique iurisdiction , and as monstrous a title of head of the church , as euer their malice degorged vppon our king henrie the eight . and though in some passages of that history , he hath left some wayes to escape , by laying those imputations rather vpon the kings officers then vpon ●he king , yet that cardinall who hath censured that part of his worke , espies his workemanshippe and arte of deceiuing , and therefore tels him , that he hath inuayd against monarchy it selfe , and all defenders thereof ; and that him● nor doth baronius repent that , which hee hath spoken of those kings , but in his answere to this cardinall ; he saies , that if the king were impeccable , if he were an angell , if he were god himselfe , yet he is subiect to iust reproofe . and in his epistle to phil. . in excuse of himselfe , though hee seeme to spare the present king , yet it is ( as he professes ) because he hopes that he will relinguish that iurisdiction in sicily ; els he is subiect to all those reproofs & reproches , which baro. hath laid vpon his father and grandfather . and though this were a great excesse in baronius , to lay such aspersions vpon those princes , yet his malice appeares to bee more generall ; for the reason why he makes this pretence so intollerable , is , because thereby ( saies he ) that king becomes a monarch ; and there can be no other monarch in the world , then the pope ; and therefore that name must be cutte off , least by this example it should propagate , and a whole wood of monarchs should grow vp , to the perpetuall infamy of the primacy of the church . and so this care of his , that no monarches be admitted , implies his confession , that they which are monarches haue right in their dominions , to all that which those kings claime in sicily , which is as much as our kings exercise in england , ( if baronius do not exceede in his imputation . ) but because there is nothing more tender then honour , which as god will giue to none from himselfe , being a iealous god , so neither ought his vic●gerents to doe ; it shall not be an vnseasonable and impertinent , at most , an excuseable and pardonable diuersion , to obserue onely by such impressions , as remaine in the letters betweene the emperours and popes , at what times , and vpon what occasions the clergie of that sea insulted vpon secular magistacy ; and by what either dilatory circumuentions , or violent irruptions , they are arriued to this enormous contempt of principality , as of a subordinate instrument of theirs . before they had much to doe with emperours , ( for they were a long time religiously , and victoriously exercised with suffering ) we may obse●ue in cyprians time , that he durst speake brotherly and fellowly to that sea , and intimate the resolu●ions of his church to that , without asking approbation and strength from thence : for to pope stephen , he writes , stephano fratri ; and then nos qui gubernandae ecclesiae libram tenemus : and after , hoc facere te oportet : with many like impressions of equality : but in fir●ilianus his epistle to cyprian , written in opposition to stephanus his epistle ; who was growne into some bitternesse against cyprian , there appeares more liberty : for thus he saies ; though by the inhumanity of stephen , we haue the better tryall of cyprians wisedome , we are no more beholden to him for that , then we are to iudas for our saluation . he addes after , that that church doth in vaine pretend the authority of the apostles ; since in many sacraments diuinae rei , it differs from the beginning , and from the church of hierusalem , and defames peter and paul as authors thereof . and therefore ( ●aies he ) i doe iust●y disdaine the open and manifest ●oolishnesse of stephen , by whom the truth of the christian rocke is abolished . so roundly and constantly were their first attempts and intrusions resisted , and this not onely by this aduocate of cyprian , but euen by himselfe also , in as sharpe words as these , in his epistle to pompeius . and for their behauiour to the empero●s , as long as zeale and pouertie restrain'd them , it cannot be doubted , but that they were respectiue enough . the preambulatorie letters before the councell of chalcedon , testifie it well : where the letters of the emperours , yea , of their wiues , are accepted by the name of diuales , and sacrae literae , and diuinae syllabae . and about the same time , leo the pope writing to leo the emperour , he sayes ; hanc paginam necessariae supplicationis adieci ; and in the next epistle but one , literas clementiae tuae veneranter accepi , quibus cuperem obedire . so also felix the third , to zeno the emperour , cals himselfe famulum vestrum , and such demissions as these ; liceat , venerabilis imperator , exponere ; and , per mei ordinis paruitatem audias , are frequent in him . and in iustinians time , which was presently after , that church sensible of the vse and neede , which it had of his fauour , so hee would be content to extend to their benefit , prescription , which before was limited in thir●ie yeares , to a hundred , neuer grudged at t●e phrase and language of his law , by which he affoorded the church that priuiledge , though it were very high ; being willing to illustrate rome , lege specialj nostri numinis , that that church may eternally by this , remember the prouidence of our gouernement , we graunt , &c. and gregorie the first was , out of his wisedome at least , if not deuotion , as temperate as the rest , when he w●it to the emperour maurice , to sweeten and modifie that law , which forba● some persons to enter into monasteries ; for there he cals himselfe famulum , and seruum : and addes this , whiles i speake thus with my lords , what am i , but dust and wormes ? and though binius is loth to pardon him this duetifulnesse , and respect to his princes , and there●ore sayes , that he protested in the begining of that letter , that hee spoke not as a bishop , but iure priuato , and so out of baronius , he sayes , that he plaide another part , as vpon a stage : yet , if he wore this maske and disguise cleane through the epistle , then he spoke personately , and dissemblingly , as well with christ , as with the emperour , when he sayes : i , the meanest of christs s●ruants and yours . nor do i thinke that binius or baronius would say , that he spoke personately of the execution of the emperours law , but that hee had truely done as he said : i haue done all which i ought to doe● for i haue both performed my obedience to the emperor , and i haue vttered that which i thought fit concerning god. and he was wisely careful that his letter to the emperour , concerning his opnion of the iniquitie of that law , should not come to the emperours inopportunely , nor as from a person of equall ranke to him ; and therefore he forbids his own responsall ( for the dignitie of a nuncio , was not yet in vse ) to deliuer it , but sends it to the emperours phisitian , because saith he , vestra gloria , may secretly , at some conueniet time , offer him this suggestion ; and that this phisitian might be confident in this employment , he assures him of his affection and allegeance to his prince , by this confession , god hath appointed the emperour to rule , not onely souldiours ( which were the persons forbid in that law ) but also priests ( whose priuileges seem'd to be impayr'd thereby . ) with like respect doth one of his successors vitalian , write to vaanus , who was cubi●ularius , et chartularius imperialis , to mediate & prouide , that a bishoppe vniustly deposed , might be restored . and to him the pope affoords this stile , celsitudo vestra , and addresses the depos'd bishop , ad vestra ambulaturum vestigia , and promises that they both shall all the daies of their liues , pray to god for the prosperity , and long liuing suae excellentissimae charitatis . and in all this course of time , the popes , some out of a iust contemplation of their duety , some out of the neede , which they had of the emperours , from whom they receiued daily some additions to their immunities and exemptions , were agreeable and appliable enough to them . and when italy suffered a dereliction , by the absence of the emperours in the east , and thereby was prostituted and exposed to barbarous inuaders , the bishoppes of this citie , which was the fairest marke to inuite the lumbards and the rest , solicited those easterne emperours to their succour , with all sweetnesse and humility ; but at last , desperate of such reliefe , casting their eyes vppon the mightiest kingdome of the west , they inuited the french to their succour . and at this time came from them those lamentable supplications , which stephen the third sent to pipin and carloman : in the first whereof , he vrges them with their promise of certaine lands , by them vowed to the church : and hauing called them , dominos excellentissimos , and spiritualem compatrem , and prepared them with wordes of much sweetenesse , mellifluam bonitatem , mellifluos obtutus , and such , hee comes to the point : that which you haue offered to peter by promise , you ought to deliuer him in profession , least when the porter of heauen , the prince of the apostles , at the daie of iudgement shall shew your hand-writing you be put to make a more strict account with him . so therefore he felt and lamented their slackenes in endowing the church ; yet at that time he would not vndertake to be the iudge , nor make the camera apostolica the court ; but he referres it to saint peter , and to the last day , and onely remembers them , that dominus per meam humilitatem , mediante b. petro , vos vnxit in reges . the next letter written in the person of the pope , and all the romane people , and romane armie , et omnium in afflictione positorum , is an earnest and violent coniuration ; per deum viuum vos coniuro , saue vs , most christian princes before we perish ; the soules of all the romans hang vpon you , and so forth . and when all this did not effectually stirre them to come , as the letter solicited , cum nimia festinatione ; then came a third letter in the name and person of saint peter himselfe , in this stile : i peter the apostle , and by me all the catholique romane church , head of all the churches of god , vobis viris excellentissimis . i peter , exhort you , my adopted sonnes , to defend that house , where i rest in my flesh : and with me marie , with great obligations , aduises , and protests , and so forth . and whatsoeuer you shall aske of me , i will giue you . if you doe not performe this , know ye , that by the authoritie of the apostleshippe giuen me by christ , you are alienated from the kingdome of god , and from life euerlasting . and when stephen the fourth came to that sea , and tha● the sonnes of these princes beganne to incline to ally themselues by marriage with the lombards ; the pope seeing then his whole temporal ●ortune at the stake , neglects no way of withdrawing them , from that inclination : hee saies therefore , saint peter , by our vnhappines , beseecheth your excellence : and then , vouchsafe to bend your eares , inspired by god , to our petition , and to him whom we haue sent , ad regale vestrum culmen . and then , in an inconstant distemper , he threatens , and he promises in st. peters name , as bitterly , and as liberally , as his predecessor had bid s. peter himselfe to doe , in the former epistle . and when these princes after much entreaty , had deliuered italy from the infestation of the lombards , and deuided the profite and spoile with the church , and that that sea had reco●ered some breath and heart , then their bishopps began to reprehend with some bitternesse , the easterne emperours : and then came that notorious letter of nicholas to michael the emperour ; in which though he stile him , superatorem gentium , pr●ssimum filium , dulcissimum , tranquillissimum ( for as yet hee doubted that he might be necessary to him ) yet he cals him also golias , and himselfe hymnidicum dauidem . and part of the quarrell was , because the emperour had written insolentia quae●am , cert●ine vnusuall phrases : which were , ●ussimus , vt quosdam ad nos mitteretis : for , saies nicholas , honorius said to boniface , petimus ; and other emp●rours , inuitamus , and rogamus , and constantine and irene , rogamus , magis quidem dominus deus rogat : which phrase , though charles the great , at that time , when it was written , rep●ehended , and allowed a whole chapter in his booke for the reproofe thereof , yet not onely that pope dissembled it , but this drawes it into example and precedent . and in this letter the pope giues the emperour some light , that hee is not long to enioy the stile of romane emperour ; for he hauing despised the romane tongue as barbarous , ( as euery prince loues to be saluted in his owne , or in an equall language ) the pope replies : that if hee call the romane tongue barbarous , because ●ee vnderstands it not , it is a ridiculous thing , to call himselfe romane emperour . and thus hauing at once receiued and recompensed a benefite , by concurring in the aduancement of the french to the empire , they kept good hold vpon that kingdome , by continuall correspondencies , and by interceding with those kings , for p●rdons and fauours , when any delinquents fled ouer to them , and by aduising them in all emergent causes , and by doing them many seruices in italy , and so establishing the empire in that family , vpon good conditions to them both . for so iohn the eight writes to charles , as well to refresh his benefit in his memorie , as the reasons that moued him to conferre it . well knowes your kingly highnesse , that i was desirous a long time , for the profit and exaltation of the apostolicke sea , to bring you ad culmen imperij . and as we with all our endeuour , haue desired to giue perfection to your honour and glorie , you also must performe those things , which are profitable to the vtiliti● and exalt●tion of that seate . and there he addes , that for conference about that , he came to meete him at rauenna , leauing his owne church in the cruell hands of enemies . and in the next epistle , he sends to the same purpose his nephew faru●fus , deliciosum consiliarium nostrum ; becau●e , sa●es he in anoth●r place , we desire greedily to accomplish this . and yet at this very time , for his better indemnitie , hee practis'd with the esterne emperour , and kept faire quarter with him also , as appeares by his letter to him . hauing thus establish'd a stronger reputation , and laide earnest oblig●tions vpon france , and by example and authoritie thereof , in other places also , they beganne to feele their st●ength , and to draw their swords as farre as they would goe , which was to excommunication , euen in france it selfe . but because in the excommunications issuing in ●hese times , and in the ti●es betweene this , and gregory the seuenth , and perchance in some b●fore this time , there is found often mention of p●nishment after e●communication● whi●h hath occasioned some to erre in an opinion , that besides spi●ituall c●nsures , temporall penalties were al●o inflicted vpon p●iuate persons , and consequently eradication vpon princes , we w●●l arrest , and stay a little vppon the stile and phrase of some of those excommunications , by which it wil appeare , that they intended nothing but spirituall punishment . the first which i haue obserued , is a letter of innocent the first , to arcadius the emperour , whom he thought guilty of the eiecting & of the death of chrysostome : his words are ; ego minimus & peccator , segrego te a perceptione mysteriorum christi . this then went no farther then to depriue him of spirituall foode , and the pope ( if tha● epistle be genuine ) was very hasty in it ; for the emp●rour discharged himselfe presently , by pleading ignorance of the fact ; which that bishoppe ought to haue tried , before hee had proc●eded to excommunic●tion . chrysostome himselfe , whose quarrell it was , had taught s●fficiently the limits of that iurisdict●●n ; for he said , when the pri●st had reprehended ozias , de spreto sacerdotio , he could doe no more ; for it is his part onely to reprooue , and to perswade , not to stirre warre : and he addes , that god himselfe ( to whom onely it belongs to punish so ) inflicted a leprosie vpon the king , in which ( saies he ) we see humanitatem diuinae ultionis , who sent not lightning , nor shaked the earth , nor moued the heauens : so farre was chrysostome from counsayling any such punishment , as should be accompanied with tumult . and so a iust estimation , and true vnderstanding of their liberties , in ecclesiastique causes , were the fathers in the councell at ephesus arriued , when in that synodicall letter to the emperour , which they call , libellum supplicem , they make this protestation , the scope of our profession prouides , that we be obedient to all princes and potentates , as long as that obedience brings no detriment to our soul●● health ; but if it come to that , we must dare to vse our libertie , aduersus regium fastigium . and how farre , may this courage and libertie carie vs , if the prince command any thing in detriment of our soule ? as farre , as tho●e fathers durst aduenture vpon that ground , which they expressed thus to the emperour , if you approue the banishment of c●rill and memnon , which were banished by persons excommunicate , then know you , that we are ready , with that alacritie which becomes christians , to vndergoe any danger with them , that is , to suffer as they goe . but about this time of iohn . it was very frequent , that excommunications had a farther comminatorie clause . for so , against a bastard of lotharius , who had broke an oath made to a french king , he sayes , vve depriue him of all christian comunion , and if he perseuer , let him know , that anathematis vinculis innodabitur . so to an earle and h●s lady , which had seduced a nunne from her profession , ●e sayes , we seperate them from the body and blood , and all fellowship with christians , and if they neglect to restore her , anathemate innodamus . so in the next epistle he threatens a bishop , that refus'd to come to him , know that you are to be excommunicate , and if you perseuer , a communione alienandus . and against another bishop , and his whole charge he pronounces priuation from the communion , seperation from the church , and except they conuert , maioris damnationis sententiam , and with such as these , his time abounds . and his predecessour adrian the second , had gone thus farre towards the king of france , when hee attempted to inuade his brothers dominion , vve admonish you , by our apostolique authoritie , and by all spirituall meanes , which we may vse , we perswade you , and in a fatherly effection command you to forbeare ; els● , we will performe t●at which belongs to out ministerie . but in another letter to his nobles , he threatens them , that if they aide the father to warre against the sonne , who was then in his displeasure , they shall not onely be enwrapp'd in the bands of excōmunication , but cast into hell , vinculis anathema●is . and this iohn the eight , at the same time when he alowes him all due attributes , & desires him to incline his sacredeares to him , threatens charles himself , that if he restore not certain things , taken from a nunnerie , by a certaine day , he should bee excommunicate till restitution , and if , being thus lightly touch●d , he repented not , durioribus verberibus erudie●dus erat . so that whether this farther punishment were no other , then that which is now called excommunicatio maior , or that which is called in the canons anathema maranatha , the denouncing of which , and the absoluing from it , was acted with many ●ormalities , and solemnities , and had many ingredients , of burning tapers , and diuers others , to which none could be subiected without the knowledge of the arch-bishoppe , it appeares that it now here extends to temporall punishment , or forfaitures and confiscations . of which there appeares to me no euidence , no discernable impression , no iust suspition , till gregory the seuenths time : and then , as it may well be said of phalaris his letters , that they were al writ for execution , and of brutus his letters , that they were all priuy seales for money : so may wee ●ay of gregories iudging , by the frequency thereo● , that they were all cholerique excommunications ; and that with postscripts worse then the body of the letter ; which were confiscations , neuer found in his predecessors , which should haue beene his precedents . and for this large and new addition of eradication , hee first threatned it to the fench king , and then practised it effectually vpon the emperour . to the bishoppes of france he writes , that their king philip is not to be called king , but a tyrant , which by perswasion of the diuel is become the cause and the head of all mischiefe : therefore ( saies he ) all you must endeauour to bow him . ( and thus farre his pastorall care might binde him ) and to shew him , that he cannot escape the sword of apostolique animadu●rsion ( and thus farre his iealousie of his spiritual primacy might excuse him . ) but when he adds , depart from communion with him , and obedience to him , forbid diuine seruice throughout all france , and if he repent not , we will attempt to take the kingdome from his possession they are wordes of babel , which no man at that time vnderstood : yet he writes in the same tenour to the earle of poicton , that if the king perseuere , both he and all which giue any obedience to him , shall be sequestred from the communion of the church , by a councell to be held at rome . so assuredly , and confidently could hee pronounce before hand of a future determination in a councell there . and of his owne seuerity , vsed towards the emperour , whom vpon seuere penances hee had resumed ●nto the church , he blushes not to m●ke an historical narration , to the bishops and princes of germany , thus : he stood three daies before the gate , despoiled of all kingly ornaments , miserable and barefoo●e ; till all men wondred at the vnaccustomed hardnesse of our minds . and some cryed out that this was not the grauity of apostolique seuerity , but almost the cruelty of tyrannique sauagenesse . and when rodulphus whom he had set vp against the emperour , was dead , seeing now , as himselfe confesses , almost all the italians enclin'd to admit the emperour henry , euen they whom he trusted most ( for so he saies , ●ene omnes nostri fideles ) he protesteth that rodolphus was made without his consent , ab vltramont●nis , and that he went to depose him , and to call those bishops to account which adhered to him● and then he writes to certaine prelates , to slacken the election of a new emperour , and giues instruction what kind of person hee would haue to bee elected ; one which should be obedient , humbly deuout , and profitable to the church : and that would take an oath to doe any thing which the pope would commaund him , in these wordes : per veram obedientiam ; and that hee would be made a knight of saint peter , and of the pope . but although many watchfull and curious men of our church , and many ingenious of the romane , haue obse●ued many enormous vsurpations , and odious intemperances in this tempestuous pope gregory the seuenth , and amongst them , almost anatomiz'd euery limme of his story ; yet it may bee lawfull for mee , to draw into obseruation , and short discourse , two points thereof , perchance not altogether for their vnworthines , pretermitted by others : of which the first shall be the forme of the excommunication against henry , because by that it will appeare what authority hee claimed ouer princes : and the other ●ha●● be ●is lette●●o a bishop , w●o desired to draw from him , some rea●ons by which he might defend that which the pope h●d done ; because by that it will appeare , vpon what foundations he grounded th●s prete●ce and author●ty . the excōmunica●ion is thus deliuered ; con●tradico ei , i denie him the gouernment of al the kingdom of germany , & of italy : and i absolue all christians , frō the band of the oth , which they haue made to him , or shall make : and i forbid any man to serue him as his king : for it is fit , that he which endeuors to diminish the honor of the church● should loose his owne honour . and because he hath contemned to obey as a christian , participating with excommunicated persons , and despising my admonitions , and seperating himselfe from the church , i tie him , in vinculo anathematis . by which we see , that he beginnes with confiscation : and because it had neuer beene heard , that the popes authority extended beyond excommunication , therefore hee makes deposition a lesse punishment then that , and naturally to precede it : for he makes this to bee reason enough , why he should forfait his dignity , because he attempted to dim●nish the dignity of the church : but for his disobedience to the chu●ch and him , he inflicts excommunication as the greater , and g●eatest punishment which he could lay vpon him . and it is of dangerous c●nsequence , if excommunication b● of so high a nature , and of so vast an ex●ent , that wheresoeuer it is iustly inflicted , that presupposes confiscation and deposition . and another dangerous preiudice to the safet●e of all princes , ariseth out of this p●ecedent , which is , that hee absolues the subiects of all oathes of alleageance , which they shall make after that denunciation : for if his successor that now gouernes , shall be pleased to doe the same in england at this time , and so giue his partie here such leaue to take the oath of alleageance ; doth he not thereby vtte●ly frustrate and annihilate all that , which the indulgence of a mercifull prince , and the watchfulnesse of a diligent parliament , haue done for the princes safety , and for distinction betweene trayterous and obedient subiects ? yet both this deposition , and this absolution of subiects and this interdiction were all heaped , and amass'd vpon a catholique prince , before the excommunication it selfe , or any other fault intimated the d●minishing of the honour of that church , and participating with excommunicated persons . and now we may discend to the suruay of that letter , which he writes to a bishoppe , who desired to haue something written by him , wherby he might be help'd and arm'd against such as de●yed that by the authority of that sea , he could excommunicate that prince , or absolue his subiects . first therefore he saies , that there are manie , and most certaine documents in the scriptures to that purpose , of which hee cites , 〈◊〉 which are ordinarily offered , as tu es petrus , and tibi dabo claues , and quodcunqe ligaue●is : and then he askes , whether kings be excepted ? but , kings are not excepted ; but this proceeding against kings is excepted : that is , it is not included in that commission , as hath beene enough and enough proued by many . then followes that t●stimony of gelasius a pope , that priest-hood is aboue principality , and that the bishoppe of rome is the chiefe priest , if wee allow both testem , & testimonium , yet the c●use is safe ; he may be ●boue all , in some functions , yet not in temporall . his next authority , is iulius , another pope , who expounding the wordes , tibi dabo claues , to certaine easterne bisho●pes , saies , shall not ●e that opens heauen , iudge of the earth ? but this dooth as much destroy all iudicature and all magistracy , as iustifie the deposing of ●ings . after this , he cites ( though not as gregories words are ) a priuiledge graunted by gregory the fi●st , to a monasterie and depriuation from secular dignity , and excommunications to any that in ●ringe that priuiledge . and this priuiledge bellarmine also produces , to proue the popes soueraignty in tempo●all mat●ers . it is the pr●uiledge of the monastery of s. medard , which is in gregories epistle : and it is cyted by this other gregory , it makes deposition the lesser punishment , and to precede excommunication , for he sayes ; that gregory though a milde doctor , did not onely depose , but excommunicate the transgressors : but both this pope that cytes it , deceiues vs , by putting in the word decreuit , as though this had the solemnities of a popes decree , which presumes an infallibility , and bellarmine deceiues vs , by mutilating the sentence , and ending at that word honore priuetur : for he that reads the whole sentence , shall see , that all this decree of deposition and excommunication , was no more then a comminatory imprecation , to testifie earnestly the founders affection to haue those priuiledges obserued , and deterre men from violating thereof ; as the vehemence and insolent phrase of the instrument do intimate , by a bitternes vnvsuall in medicinall excommunications : for all the curses due to heretiques ; and all the torments which iudas endures are imprecated vpon him ; & it is subscribed not only by gregory , with . bishops , but by a king and a queene , no competent iudges ( in this gregories opiniō ) of faults punishable by excōmunication . and the same pope in erecting of an hospitall , and endowing it with some immunities , vses the same language , that the infringers thereof , should loose all their power , and honour , and dignity , and after be excōmunicate ; and yet this is neuer produced , nor vnderstood to confirme his temporall soueraignty . the donation of constantine , which was not much lesse then . yeare be●ore this , end in like words : if any man violate this donation , let him be eternally condemned , let him finde peter and paul in this life , and in the next his enemies , and le● him perish with the diuell and al the reprobate , burning in inferno inferiore . and wil they from this argue in constantine a power , to open and shut hel gates ? and will they endanger al those catholique authors to this eternall damnation , which haue violated this donation of constantine by publique bookes ? and ●uch a commination as this of greg●ry appeares in a canon of the first councell at paris , not long before his , where it is threatned , that whoso●uer shall ●eceiue a person suspended from the communion , himself shal be seperated a concordia fratrum , and ( as we hope , or trust ) shall sustaine the wrath of the eternall iudge for ●uer . and ( not to insist long vpon examples of such imprecations ) about yeare after gregory , paulus . erecting a monastery in his owne house , ma●es this constitution ; if any of the popes , our successors , or any mighty or inferiour person , of what dignity soeuer , alien any of these things , let him know , that he is anathematiz'd by christ and peter , and estr●nged from the kingdome of god : and that he shall giue an account thereof to the saints , in the day of iudgement : for ( sayeth hee ) i desire the iudge himselfe , that hee will cast vppon them the wrath of his power , that their life may bee laborious and mournefull , and they may die consuming , and may bee burnt eternally with iudas , in hell fire , in voragine chao● and that they that obserue this constitution , may enioy all blessednes at the right hand of god. and when in the behalfe of the kings of spaine , the same argument is made for them , that because there are many diplomes extant in sicily , by which the kings anathematise in●ring●rs of their constitutions , that therefore they exe●cised spirituall iurisdiction : baronius saies , that this argument is ridiculous , because i● is hard to finde any instrument of donations from princes , or from priuate men , or from women ; in which these bitter formes of excommunication are not : which ( saies he ) do not containe any sentence of excommunication , but imprecations to deterre other , as euery man was at libertie ●o doe , when he made any such graunts . so that baronius hath laughed out of countenance this argument vpon medardus priuiledge , which hath beene so o●●en , and so solemnly offered and iterated . and it appeares hereby that the punishments mentioned in these constitu●ions , were not such as the makers thereo● could inflict , but onely such as ●hey wished to fall vpon them that offended : and such i doubt not , was gregories imprecation , in his successors interpretations , that is , that hee wished all kings to be depriued . his next reason why princes may be deposed by priests , is the diuersity of their beginning and first institution● for , as before he had said to another bishop of the same place , regall dignity was found out and inuented by humane pride , but priests were intituled by the diuine pietie , so here he repeates it with more contumely ; who knowes not that kings had their beginnings from those men● who being ignorant of god , and prouoked by the prince of the world the diuell , through pride , rapine , perfidiousnesse , murder , and all wickednesse , affected a gouernment ouer their equalls , by a blind ambition , and intolerable presumption . then he proceeds to the examples , of innocent who excomunicated arcadius , and of zachary who deposed childerique . the first of which is not to the purpose , except excommunication presume deposing which innocent intended not . and the second hath beene abundantly , and satisfactorily spoken to , by very many of ours , and of their owne authors , who determine it roundly , deposuit , id est , deponentibus consensit . and therefore insisting little vpon these , hee makes hast to that wherein he excels , which is , to reproach and debase the state and order of kings . for he says , that euen exorcists ( which is no sacred order ) are superiour to princes . nor is his intemperance therefore excessiue , because hee subiects men to such as are in the way going towards priesthood , for that will bee still vpon the old ground , that priesthood is in an incomprehensible distance and proportion aboue principalitie , but his reasons why exorcists are aboue princes , discouers more malignitie to princes absolutely ; which is , that since they are aboue the diuell himselfe , much more are they superiour to those which are subiect to the deuill , and members of the deuill . nor could his argument haue any life or force here , except he presum'd kings to be poysoned & corrupted by the very place , & by the order it selfe ; for otherwise , if he meant it onely of vicious kings , why should he institute this comparison of exorcists and kings , since it ought to bee of exorcists and vicious men ? and therefore ( as he sayes after in this ep●stle , ) that he finds in his owne experience , that the papacie either finds good men , or makes them good , and that if they want goodnesse of their owne , they are supplied by their predecessours , and so , aut clari eriguntur , aut erecti illustrantur : so he thinkes either , that onely members of the deuill come to be kings , or that kings grow to be such , when they are kings . for so much he intimates euen in this place , when hee sayes , in regall dignitie very few are saued , and from the beginning of the world til now , we find not one king equal in sanctitie to innumerable religious men . what king hath done any miracles ? to what king haue churches or altars beene erected ? how man● kings are saints ? whereas , onely in our sea there are almost a hundred . and thus i thought it fit to runne ouer this letter , becau●e here s●emes the first fire to haue beene giuen , and the first drop of poyson to haue beene instil'd of all those virulenc●es and combustions , with which the later authours in that church , are inflam'd and swollen vp , in this point of auiling princes . of which ranke , this pope had respect to none , but those who were really profitable to him : nor haue i obserued any words of sweetenesse in him towards any of them , but onely to our king the conquerour , and to one king of spaine . to ours he sayes , vve account you the onely man amongst kings , that performes his duetie , and this he ●ayes , because ●e should graunt more to god , and saint peter , and saint stephen , and be vigilant vpon saint peters estate in england , that he m●ght find him a propitious debter . and to the king of spaine he sayes , the present which you sent me , is so ample , and so magnificent , as became a king to giue , and saint peter to receiue ; and you show by your present , how much you esteeme him . and such princes as these he was loath to loose : for he accounted that a losse , which now they call the onely perfection , that is , to enter into a religious and regular order . for this gregorie chides an abbot bitterly , for admitting a prince , who might haue beene profitable to his state , into the cloyster . for he sayes : to doe so , is but to seeke their owne ease ; and now , not onely the shepheards depart from the care of the church , but the dogges also ; which he speakes of princes . he tels him , that he hath done against the canons , in admitting him : and that he is therein an occasion , that a hundred thousand persons doe lacke their guide . and therefore sayes he , since there are scarce any good princes to bee found , i am grieu'd that so good a prince , is taken away from his mother ; that is from the churc● , as it must necessarily be intended in this epistle . so pliant and seruiceable to his vses , would gregorie make regall dignitie , or else breake it in peeces . and where could our later men find better light in this mischeiuous and darke way , then in this gregories dictates , of which , these are some , that onely the pope may vse imperiall ornaments ; that all princes must kisse his feete : that onely his name must be rehearsed in the church ; that there is no other name in the world , with many such transcendencies . and accordingly he is wel second●d by others , which say , that he is superillustris ; and may not be cald so neither , because he is so much aboue all dignitie , that our thought cannot extend to his maiestie : and to preuent all opposition against it , baldus in a choler sayes , that he that sayes the contrarie , lyes . and vpon what place of scripture may ●hey not build this supremacy , and this obedience to it , after a pope , who is heire to an actiue and passiue infallibility , and can neither deceiue nor be deceiued , hath extorted from samuel , so long before the apostolique sea was established , a testimony , that not to obey the apostolique sea , was the sinne of idolatrie , teste samuele : which he iterates againe , and againe in diuers other epistles . from this example , and from this libertie proceedes that malignity , wherewith the later writers wrest euery thing to ●he disgrace of principality . by this authority symancha drawes into consequence , and vrges as a precedent to be imitated , the example of the scythians , who killed their king for admitting some new rytes in diuine worshippe ; which ( sayes simancha ) was iustly done ; for the subiects of hereticall princes are deliuered from their iurisdiction . and in like maner , schultingius an epitomizer of baronius , finding in him out of strabo , that in egypt the priests had so much authority ouer the kings , that sometimes by a bare message they would put one king to death , and erect another : and repeating the same gloriously and triumphantly a second time ; at last in a marginall note hee claimes the same authority for the pope , when he notes , and sayes thereupon , the supreame authority of the clergy , is proued against the caluinists : so that we may easily discerne , by these examples which they propose for imitation , what authority they ayme at . but schultingius might also haue obserued , as a prophecy of the ruine of their vsurpation , that as soone as a learned and vnderstanding king ergamenes , came amongst them , he tooke away that custome . from this libertie , bellarmine also , to the danger of any prince , differing in any point from the integrity of the romane profession , hath pronounced , that heretiques are depriued of all ●urisdiction , euen before excommunication . and that therefore an emperour cannot call a councell , because that must be done in nomine christi : and that princes haue not their precedencies , as they are members of the church , for so ecclesiastique ministers are aboue them . and this hath made a contry-man of ours deliuer as mischeuous doctrine , that the power of excommunication , is got by prescription ; and so saies another great patron of that greatnesse , the priests obeyed the kings of israel , but contrarily our priests doe prescribe ouer the temporall power . and sayr proceedes further , and saies , that though panormitane be of opinion , that one can prescribe in no more then that which he hath put in practise , yet if hee haue so exercised any one act of iurisdiction ( as excōmunication is ) as that he had a will to doe all , he prescribes in all . and there is no doubt , but that when pius the fift excommunicated , he had a good will to depose also . from this also haue proceeded all those enormous deiections of princes , which they cast and deriue vpon al kings when they speake them of the emperour : for though the later writers , are broder with the emperour , and chose rather to exemply in him , then in any other soueraigne prince ; vpon this aduantage , that they can more easily proue a supremacy ouer him , by reason of the pretended translation of the empire , yet it is a slippery way and conueyance of that power ouer all other princes ; since in common intendment and ordinary acceptation , no man can be exempt from that , to which the emperour is subiect . and of the emperour they say , a that not onely he may be guilty of ●reason to the pope , b but if a subiect of the pope offend the emperour , the treason is done to the pope . yea , c if it be the emperours subiect , and the iniury done to the emperour , yet this is treason to the pope : so that the emperour doth but beare his person ; for in his presence hee must descend : and in d a councell his ●eate must be no higher , then the popes footstoole , nor any state he hunge ouer his head . and from hence also hath growne that distinction , superstitious on one part , & seditious on the other , of mediate and immediate institution of the two powers : for eccl●siastique authority is not so immediate from god , that he hath appointed any such certaine hierarchy , which may vpon no occasion suffer any alteration or interuption : nor is secular authority so mediate , or dependant vpon men , as that it may at any time be extinguished , but must euer reside in some forme or other . and bellarmine himselfe confesses , that as aaron was made priest ouer the iewes , and peter ouer the christian church , immediately from god , so also some kings haue beene made so immediately without humane election , or any such concurrence : so that regal digni●y hath had as great a dignification in this point from god , as sacerdotall ; and to neither hath god giuen any necessary obligation of perpetuall enduring in that certaine forme . so that , that which bellarmine in another place sayes to be a speciall obseruation , wee acknowledge to bee so : which is , that in the pope are three things ; his place , his person , and the vnion of them : the first is onely from christ , the second , from those that elect him , and the third from christ , by mediation of a humane act . and as wee confesse all this in the pope , so hath he no reason to denie it to be also in kings : he addes further , that the cardinals are truly said , to create the pope , and to be the cause why such a man is pope , and why he hath that power ; but yet they doe not giue him that power : as in generation , a father is a cause of the vnion of the body and soule , which yet is infused onely from god. and in all this we agree with bellarmine ; and we adde , that all this is common to all supreame , secular , or ecclesiastique magistrates . and yet in hereditary kings , there is lesse concurrence , or assistance of humane meanes , then either in elected kings , or in the pope himselfe : for in such secular states , as are prouided by election , without all controuersie the supreame power , in euery vacancy , resides in some subiect , and inheres in some body , which as a bridge , vnites the defunct , and the succeeding prince . and how can this be denied to be in the colledge of cardinals , a if ( as one saies ) the dominion temporall be then in them , and b that they in such a vacancy , may absolue any , whom the pope might absolue . if therefore in all the cases reserued to himselfe , as namely in deposing princes , and absoluing subiects , he proceed not as he is pope , but as he is spiritual prince , as bellarmine saies , and wee shall haue occasion hereafter to examine ; if that colledge may absolue subiects as he might , this supreamacy and spirituall principality resides in them , and is transfer'd from them to the successor . certainely all power is from god ; and as if a companie of sauages , should consent and concurre to a ciuill maner of liuing , magistracie , & superioritie , would necessarily , and naturally , and diuinely grow out of this consent ( for magistracie and superioritie is so naturall and so immediate from god , that adam was created a magistrate , and he deriu'd magistracie by generation vpon the eldest children , and ( as the schoolemen say ) if the world had continued in the first innocency , yet there should haue beene magistracie . ) and into what maner and forme soeuer they had digested and concocted this magistracie , yet the power it-selfe was immediately from god : so also , if this companie , thus growen to a common-wealth , should receiue further light , and passe , through vnderstanding the law written in all hearts , and in the booke of creatures , and by relation of some instructers , arriue to a sauing knowledge , and faith in our blessed sauiours passion , they should also bee a church , and amongst themselues would arise vp , lawfull ministers for ecclesiastique function , though not deriued from any other mother church , & though different from all the diuers hierarchies established in other churches : and in this state , both authorities might bee truely said to bee from god. to which purpose aquinas sayes express●ly and truely , that priesthood ( that is all church function ) before the law giuen by moses , was , as it pleasd men , and that by such determination of men , it was euer deriued vpon the eldest sonne ; and we haue also in the same point bellarmines voice and confession , that in that place of s. paul to the ephesians , which is thought by many to be so pregnant for the proofe of a certaine hierarchie , the apostle did not so delineate a certaine and constant hierarchie , but onely reckoned vp those gifts , which christ gaue diuersly , for the building vp of the body of the church . to conclude therefore this point of the distinction of mediate and immediate authoritie , a councell of paris vnder gregorie the fourth , and lodouicke and lotharius emperours , which were times and persons obnoxious enough to that sea , hath one expresse chapter , quod regnum non ab hominibus , sed a deo detur . there it is said , let no king thinke that the kingdome was preseru'd for him , by his progenitors , but he must beleeue that it was giuen him by god. for he which is king of men , had not this kingdome from men , but from god : and so hee proceedes to apply many places of scripture to this purpose , to the shame and confusion of them , who to ouerthrow , or subiect secular principalitie , detort scriptures for the aduancement of ecclesiastique immunit●es : as in the septimes , that new limme of the body of the canon law , those priuiledges are proued to be iure diuino , out of the word of the psalme , nolite tangere christos meos , which was spoken of all the children of israel , as they were protected in their passage to the land of canaan , and cannot be appropriated to priests onely . and from this libertie which men of this religion , haue taken to speake slightly , and malignantly of the person and dignitie of kings , a long and inue●erate custome hath so wrought vpon them , that it hath caried them farther , and made them as bold with the word of god himselfe . out of which they can deduce principall and direct prophecies for euery passage in saint francis his storie . for a the dreame of pharoes officer ( a vine was before me , and in the vine were three branches ) signifies saint francis , and the ●hree orders deriued from him , sayes the booke of conformities , and sedulius the fresh apologer thereof . so he sayes , b christ prophecied of this order ; and it is fulfilled in this order which hee said , feare not little flocke , for it is your fathers pleasure , to giue you the kingdome . and c of these it is spoken , sayes hee , the sound of them is gone into all nations . of these prophanations the examples are too frequent ; for as they haue fitted all other things spoken of christ , to saint francis in the booke of conformities , so doth d sedulius maintaine the giuing to him , the title of iesus of nazareth , king of the iewes . so also must the scriptures affoord prophesies for euery ragge and inch of the sindon , which wrapped our sauiour in the sepulchre . for in e that liturgie or office , ( as they call it ) which is appointed by the pope to be said in the chappell where this sindon is preserued , all those places of scripture , which speake of christs body sprinkled with blood , are referred and saide to bee intended of this sindon . and therefore saies the author thereof , since the pope hath so applyed them , this exposition thereof cannot be reprehended . by this license they giue all the names of christ to the pope ; f yea the name of god himselfe ; and of a goddesse to our lady . and by this license did b crusius the iesuit , call ignatius constitutions the decalogue : because saies gretzer , his fellow iesuite , metaphorically and instruction of our life , is call'd the decalogue . nor can these blasphemous detorsions , & bold mis-applications , besalued , by sedulius his guiltie excuse , that they c are somewhat too freely written , according to the simplicitie of the age , and d such as some men would rather wish vnwritten , and e circumspect men wish'd vnsaid ; and some things too f rawly , somethings too couragiously vttered . and these which he so tenderly , and calmely passes ouer , with light animaduersion , are such sayings as these , that s. franc●s was g deified ; that h hee was made one spirit with god : that i hee saw the secrets of hearts : and k that he was more then iohn baptist , and better then the apostles : and l that god did obay him at a beck in euery thing . nor will serarius his elegant euasion serue them in this , m that some men too indulgent and carefull of their verse , or the delicacie of the latine language , may haue gone into these excesses . for the fi●st place , where the pope is called the lord our god , is in a place barbarous and loose inough , which is the glosse vpon an extrauagant . and though bembus , in whose letters written for leo the our lady is called goddesse , doe often stray in●o prophane elegancies ( as n in another place , when he would expr●sse an inspiration of the holy ghost in one , he saies , he was afflatus zephiri caelestis a●rà , and o calls excommunication , interdictionem aquae & ignis ) yet this will neither excuse that pope which sign'd those letters , nor those to whose c●re the expurgation of bookes , hath beene committed . so that none of their piae fraudes , with wh●ch they emplaster this venemous & contagious wounding the scriptures of god , & the phrase of his spirit , will acquit or excuse them . and if their mis●applying of scriptures carried them no further , then to simple and childish actions ( as saint francis commanded massaeus to tumble round like a childe ; because , saies sedulius , it is written , nisi conuersi fueritis , & efficiamini sicut paruuli , non intrabitis ) : or if it carried them but to stupid actions ( as the penitent which confessed to s. anthony , that he had kicked his mother , receiuing this answere : if thy foote offend thee , cut it off , went , and cut off his foote , ( but s. anthony honestly set it on againe , ) or if it carried them but to bolde and confident actions ( as saint anthony , when his host set him a toade vpon the table , and tolde him that it was written in the gospell , de omni quod tibi apponitur , comedes , he with the signe of the crosse , made it a capon ready rosted ) sillinesse or some such disease might lessen the fault . but then is there extreame horrour and abominations therein , when god and his lieuetenants are at once iniur'd , which is , when places of scripture are malitiously or rid●culously detorted to the auiling of princes : with what soule then could pope alexander say , treading vppon fredericke , super aspidem & basiliscum ambulabis : of which acte , a bishoppe in that church saies , that it ought to be commended , and that it was lawfully and worthily done . and with what conscience could the same seruile bishopp of sixtus the fift , proue the kissing of the popes feete , out of those wordes of esay , kings and queenes shall worshippe thee , with their faces towards the earth , and licke vp the dust of thy feete ? how durst hee say , that this kissing of the popes feete , was established in saint luke , when the sinner kissed christs feete ? because ( saies he ) if it were affoorded christ● belongs it not to his church , which is bone of his bone ? and out of deuteronomy hee thinkes this reuerence is euidenly enough demonstrated , because it is saide of god , the saints of god , are said to be humbled at his feete . so that whatsoeuer is applyed to the church , or to god , by this detorsion is giuen to the pope : but this bishoppe is so transported with this rage of detorting scriptures , that rather then not mis-applie them , hee will apply them to his owne condemnation : for thus hee concludes his epistle with the wordes of the apostle : gaudeo siue per veritatem , siue per occasionem , romanae ecclesiae dignitatem extolli : so that it is all one to him , whether scriptures bee faithfully applyed or no , so it be to the profit and aduantage of that church . and though bellarmine seeme to deplore and lament that vnworthy manner of handling serious controuersies , of which hee accus'd that authour , which called his booke auiso piaceuole , because he cytes some of the italian poets against the church of rome , yet is this fashion still in so much vse amongst them , that in their last busines with the state of venice , one authour , though in a disguised name , that vndertooke the defence of baronius his furious instigation of the pope , doth not onely wound and staine the memory of our late queene , with impious calumniations , and wrest the scriptures , to defame our present king ; but he protests that hee chuses this way of doing it , to imitate socrates , who was ( saies he ) derisor hominum , maxime potentum , and exhibites his booke as a sacrifice , risui , & lubentiae . where then shall we hope , that these men will stoppe or limit their blasphemies ? when in the licentious fury thereof , hauing made it habituall to them , and an idio●isme of that religion , they set ( in their account ) god against god ; that is the word of god against the pope , and defame him in their owne pasquils by the phrase of scripture . in which kind of prophane libelling , i had thought their malignity , and irreligion had beene at the highest , when they called lucretiaes bastard , by pope alexander , and his sonne , the holy ghost● till of late we see one of our owne nation hath drunke so deepe of that cuppe , that he hath swallowed the dregges also ; and in a childish and trayterous itch of witte , at once wounded the maiestie , both of his god , and of his king , by imputing false faults to the one , that hee might misuse the word of the other . and by this meanes , as when they determined to kill the emperor henry the seuenth , that they might poison him , they forbore not to poison their owne god in the sacrament first : so when they purposed to teare and deface the name and honour , and lawes of the king , they first offer the same violence to the word of god himselfe . thus the scriptures serue them for panegyriques , to aduance the pope ; a omnia subiecisti sub pedibus eius : which being spoken of beasts subiection to men , b they make it of men to the pope . thus the scriptures serue them to deuest and disarme princes ; c ecceduo gladij , which being ( if we d beleeue the iesuite sd ) no other then those knifes , with which they had cutte vp the paschal lambe , e a pope applies to the spirituall and temporall iurisdiction . and thus the scripture serues them for prouocation , and incitements to warre , and deuastation : f macta & manduca : which being spoken of baptizing the gentiles , g baronius detorts to the excommunication of christians . onely they are content to spare scriptures , when they come to defend their late-borne heresies ; for , for the necessity of beleeuing purgatory , inuocation , transubstantiation , and some others of the same age , they offer no scripture ; but they thinke it victory enough that galatine can proue all these out of the talmud , and cusanus out of the alcoran : for , for the olde and new testaments , they finde other employment . they must serue them against the office and dignity of princes , to exhibite them as a prey to their neighbours , and a scorne to their owne subiects . as christ asked of the iewes , for which of his good workes they would stone him : princes may aske of the romane church , for which of their benefites they are so iniurious to them ? is it for hauing established a primacy vpon that bishoppe , aboue his fellow patriarches , which was so long litigious ? or for withdrawing him from the iawes of the barbarous deuourers of italy ? or for enriching him with a patrimony , and priuiledges almost equall to their owne ? is it for any of these , that you say , a clergy man cannot be a traytor , though he rebell● because he is no subiect ? by which you cut off so great and so good a part , as in your opinion the st●te without it , is but a meere carcasse , for the clergie is the soule . and you extend those immunities , not onely to your boyes which light your candles , and locke the church doores , but to euery sullen fellow , that will retire himselfe into a wood , without either assuming orders , or subiecting himself to any religious rule , or despoiling himselfe of his temporall possessions , as you say of your ermits : yea to nunnes , who though they be not of the clergie , yet are ecclesiastique persons , and yet they are so prophane , as they may not be admitted to touch any thing which belongs to the altar . and not onely the nunnes within profession , haue these priuiledges , but also their nouices , who are vnder no vow : yea they enioy them , whom you call canonicas saeculares , which may trauell , traffique , marry , and do any ciuill , or vnciuil function : ( for of the continency of nunnes● am of a better perswasion , for this reason especi●lly ; that the iesuites by a constitution , are forbid to haue the care of them : and those secular women , which i mentioned , are ecclesiastici fori ( by a late decision in the rota ) because though they be not ecclesiasticae , yet they are personae miserabiles , and weare an vniforme habite : and to raise the number , you say , if an iniury be done to any kinsman of an ecclesiastique person , it is done to him . and that if any offence bee committed by diuers persons , amongst whome there is one clergie man , none of the offenders can bee subiect to temporall iurisdiction . and not onely all these persons , but all which appertaines to them , becomes spirituall : and by a new alchimy , they doe not onely extract spirit out of euery thing , but transmute it all into spirit , and by their possessing them , houses , horses , and concubines are spirituall . but as euery thing returnes to his first state and being ; and so rome which was at first built , and gouerned by shepheards , i● returned to the same forme after the decay of the empire : and as the name of bishopp , which was at first giuen to clerkes of the market , and ouerseers of things to be bought and solde , agrees still with these symoniaque bishoppes of rome : so many of these pretious iewels , which are employed about the images and reliques , which were at first temporall , and then by this tincture growne to be spirituall , returne againe to their temporall nature , when any of the popes ●ake ocsion to serue their pleasure , or foment dissensions amongst other princes , and schisme amongst themselues , by coyning the images , as vrbanus did , in such a case . but the greatest iniury that is done to princes in this matter of exemption , is , that they will not be beholden to princes for it : but plead their ius diuinum , not onely the positiue diuine law , by which , they say , that the popes if they had not found these men naturally exempted , and if princes had not granted these exemptions , might by their constitutions , haue exempted them , without asking leaue of princes , but they pretend text of scriture , though detorted and mis-vs'd , to proue this exemption . and for the persons they pretend many ; but with no more directnes , then that by which they proue exemption of their goods , from secular charges and burdens , which is , domini est terra , & plenitudo eius , and since it is the lords , it is theirs . but all princes grow weary and iealous of that claime ; and a catholique writer hath obserued , that many of the writers of the spanish nation in these later times , haue resisted that opinion , of which he names medina , victoria , soto , ledesma , and bannes . and if that nation grow into iealousies , and feele her right , as france hath done before , all the italian writers , will be but weake euidence , to proue this exemption to bee iure diuino . but as though all this were not enough , and that the states of princes were not enough infirm'd by withdrawing of all these , they teach , that a subiect by remouing into another prouince hath deuested his allegeance and subiection : and that euery man is free concerning his owne person : and that the band is stronger between a creditor and a debtor , then between a prince and subiect . vpon all which , what mischieuous conclusions will follow , is euident and obuious enough . to conclude therefore this point this ecclesiastique immunity which they clayme , is the debasing of princes ; and the defence of this immunity , and consequently of this deb●sing of princes , is so iust a cause of martyredome , that baronius saies ; the students in the english colledge ; haue good title to two crownes of martyrdome , because they return into england , both to defend the catholique faith , and the immunity of the church . where we will content our selues , till wee come to a ●urther exagitation of that point , with this confession from baronius , that they are by your doctrin receiued in that colledge , incited to martyredome , for the immunities of the churche , which himselfe in the same place distinguishes from the catholique faith . and thus farre i was willing to extend this point , that the romane doctrine by extolling church priuiledges aboue princes , and by an absolute and direct auiling them , doth mis-prouoke her disciples to a vicious affectation of imaginarie martyrdome . in the two other points of merite and purgatory , which produce the same effect , i may haue leaue to contract my selfe , into a shorter roome , because of those , many others haue spoken more abundantly , then of this last point which i vndertooke . the second part of merit . the next doctrine which i noted to mis-incite men to an imagined martyrdome , is the doctrine of merites . a in euery good worke , you say , there is somewhat of merite , and somewhat of satisfaction . the first is said to belong to our selues , and that by it we establish our saluation : so that the passion of our sauiour is but as baptisme to vs , and our owne workes , as confirmation : b which sacrament you say , confers more grace then baptisme dooth , for strengthning vs against the diuell : c and that the holy ghost is giuen more fully therein . and accordingly you teach , that iustice of workes doth giue the forme and life to faith . and the second , which is satisfaction , is reserued in the common stocke , the treasury of the church , and husbanded and dispensed by the generall steward thereof the bishoppe of rome . but for that merite , which you teach , to say that our workes of their owne nature , without considering any couenant or contract with god , deserue heauen , dooth not onely diminish christs passion , by associating an assistant to it , and determine his priesthood , which is euerlasting , by vsurping that office our selues , but it preferres our worke before his , because if wee could consider the passion of christ , without the eternall decree , and couenant , and contract with his father , his worke ( sauing the dignity which it had by acceptation , by which the least step of his humiliation might worthily haue redeemed tenne thousand worlds ) had not naturally merited our saluation . now betwixt god and vs there is no such couenant ; our best plea is , the sinner must repent , and god will blotte out his sinnes . if a prince should so farre prostitute his mercie , as to proclaime a veniall pardon , by which for certaine money , any malefactor might be pardoned , no such malefactor as by the nature of his fault , had at that instant forfaited and confiscated all his estate , should haue benefite by that pardon , because he had nothing to giue . all these dis-aduantages and infirmities oppresse vs ; no good worke is naturally large enough to reach heauen ; no promise nor acceptation of god hath changed the nature of a good worke : and lastly , we can do no perfit good work ; for originall sin hath poisoned the fountaines , our hearts : and those degrees and approaches , which we seeme to make towards good workes , are as if a condemned man would make a large will , to charitable vses . for , as that which hee giues is not his owne , so that goodnesse of good workes is not ours ; and as it is in the princes pleasure and allowance , whether his will shall take any effect , or no ; so is it in the pleasure of god , whether any workes of ours shal be accepted . yet there is more deuotion in our doctrine of good works , then in that of the romane church , because wee teach as much necessity of them as they doe , and yet tye no reward to them . and we acknowledge , that god doth not onely make our faith , to fructifie and produce good workes as fruits thereof , but sometimes beginnes at our workes : and in a mans hart morally enclined to doe good , dooth build vp faith : for if an angell could transport abacuc , for gods seruice , by onely taking hold of his haire , god can take such holde of our workes , and carrie vs further by them . and fu●ther then this i see not that moderate men may goe : and they startle too easilie that dare not come so farre . and if it had beene expedient for bellarmine , to haue spoken plaine , i thinke he would haue come to that , when hee was so neere towards it , as to say , that it is the safest way to place all our confidence in the onely mercy of god , by reason of the incertainety of our owne righteousnesse , and the danger of vaine-glory : for he seemes else where to be so farre from doubting , that a man may not be sure of his owne righteousnesse , that himselfe had such an assurance of righteousnesse in another man , that vpon his oath before a publique notarie he affirmes , that hee verily beleeues that gonzaga , ( who left the dignitie and inheritance of a marquisate ) neuer cōmitted mortall sin , and that from his age of seuen yeares , he is certaine of it . the doctrine of good workes in the reformed churches , is vniforme and consonant . for though luther , to relieue and succour the doctrine of faith , which then languish'd desperately in the romane church , for iust dignification thereof , sometimes omitted , sometimes spoke remissely of good workes , yet betweene those , who seuerely adhere to him , & other churches , which in some other things depart a little from them , in this point , i haue obserued no dissention . but the romane church at this present is tempested with a violent storme in this ma●ter : that is , by what way and meanes , man can be enabled to doe any meritorious worke . in which controuersies , after the dominicans and the iesuites , had with much earnestnesse prouoked , and with much bitternes replied vpon one another , benius in a booke as moderate and elegant , as any these later ages haue affoorded , proiecting a way , in his epistle to clement the eight , how these dissentions might be re-vnited , and reconciled , obserues that all the controuersies betweene them , ariseth out of presuming a false ground and foundation to be true , which is the famous distinction of sufficient and efficient grace . and so he dooth not onely demolish all that they had diuersly built thereupon , but defeats and destroies that foundation , which bellarmine himselfe was most confident in , and euicts that that distinction , which that church hath vsed of late yeares against all opposition , is neither containd , nor conueniently deriued , either from scriptures , councels or fathers , but is refeld & resisted by the councell of trent it ●elfe . no● can they extenuate this matter , as though it were o●●ma●l consequence ; since neither small matters should produce amongst religious men , so much and so bitter argumen●ation : nor can it bee in it selfe esteemed a small matter : vpon which benius saies , the questions of predestination , iustification , merite , perseuerance , glorification , and many more depend , and that all diuinitie is shaken therein . and if they thinke , howsoeuer they suffer an intestine war , to make vs beleeue that all is peace , and that this variety is onely de modo , they must remember , that that for which they burne and damne men , which is transubstantiation , is but a question de modo , which may be somet●mes so essentiall , that if the arrians had agreed with the orthodox , of the maner of the generatiō of the so● , or the greeke church would agree yet with the western● of t●e maner of the proceeding of the holy ghost , there could be no diffrence in t●ese points and therfore these d●ffrēces & controuersi●s , & irresolutiōs in the roman church ca●not be ●xcu●'d or diminished by this , that they are de modo , since they are not de modo prob●tionis , which is when a certaine truth is illustrated by diuers waies of proofe , but they are so de modo essendi , or existendi ; so , as if you remoue these wayes , by which they are said to be , they are not at all . and howsoeuer those doctors , whome they stile seraphicos , and illustratos , and irrefragabiles , & fontes vitae , with which transcendent titles , they enamell so many of the writers in the franciscan families , so are in so high a pi●ch as dazles vs , or diue so low , as we cannot discerne what they ●old in this matter of merit ; yet what the vulgar doct●ine is in this point , the expurgatory in●ices shall suffic●ently informe vs : for no opinion of any fa●her , or doctor , or of any vniuersity , can be of so m●ch credi●e , and authority , as those books ; since they are compiled by a commission issuing from the pope himselfe , who was either authorized or entreated to that office , by a generall councell . so that in these bookes there are all these approaches to an infallibility , that they were determined and prouided by a councel , executed by a popes buls , and iustified by him , when they were perfited ●nd accomplished . and those bookes haue not bestowed so much diligence , vpon any point , as this , that nothing remaine in any authour , which may pref●rre christs passion before our merits . and therfore , to omit innumerable instances to this purpose ) a in that catholique booke , b imprin●ed in a catholique state , w●ich is stiled , ordo baptizandi , & modus visitandi , they haue expunged these wordes : doost thou beleeue to come to glory , not by thine owne merites , but by the vertue and passion of our lord iesus christ ? and a little after they ha●e cut off this question ; dost thou beleeue that our lord iesus christ died for our saluation , and that no man can be saued by his owne merits , or any other way , but in the merite of the passion of christ ? and though they might haue excuse to extoll our merites , yet they might haue spared the first part of the sentence , and giuen vs leaue to beleeue , that our lord iesus christ died for our saluation . amongst these great works , pregnant both of merite for our selues , and satisfaction for others , martyrdome is in the●r doctrin● , that opus priuilegiatum , which takes away al sinne ; by occasion of which wordes , to take away , i cannot for●beare to warne you in this place , of one ordinarie indirect dealing in bellarmine ; which is , tha● in his indices , and tables , he presents wordes● ve●ie f●r●e from the sense of the place to which they relate . as in this point of merite , where his index saies , martyrium tollit peccata , s. hierome , out of whom the text , ●o which he relates , is drawn● ; s●ies only per martyrium peccata non imputantur ; which is nothing to the naturall condignit●e of the wo●●e it sel●e . and i should haue neglected to haue noted bellarmines index , but that i obserue that they are so seuere vpon the indices , made by some of their owne church , that pretending st●ll to haue rased nothing in the body of the fathers , they expunge in the indices many sentences , though the very wordes be in the text it selfe : as in t●is point of merite , iunius hath no●ed , that these wordes , meritum nullum , nisi quod a christo confertur , are cut out of the index to chrysostome , though the same wordes be in the text . to proceede then , for the dignity of this wo●ke , bellarmine against so●o , and ledesmo maintaines , that martyrdome doth saue a man , ex opere operato . and that there is required in the martyre , no further disposition , nor other preparation , then in one who is to be baptized . for ( saies he ) though charity be required , it is not precedent charity , but it is , because a martyr cannot depart without charity , because by a couenant from god , grace is inf●s'd , and so charity : and therefore it abolishes originall sinne , and actuall sinne , and both eternall and temporall punishment belonging thereunto . and in another place bellarmine saies , that it is euident that martyredome is so full a satisfaction , that it expiates all guiltinesse , contracted by all sinnes , how huge soeuer the number , or haynousnes therof be : and if any milder man of that church would say otherwise ( as ferus doth directly , the passions in this life , are not worthy of future glorie ) hee must be detorted to the other sense , ( as senensis saies of this place , i am of opinion , that ferus his wordes might bee deflected to the other sense : ) or if the wordes will not confesse vppon ●hat racke , they must bee vtterly expunged , as wee noted of others before . and vpon this superabundant value of the merite of martyredome , bellarmine builds that conclusion , which wee now condemne ; which is , that because many martyres haue but fewe sinnes of their owne , and their passion is of a large and rich satisfaction , a mightie heape of satisfaction superabounds fr●m martyrs . and so they being sent hither , as factors to encrease that banke and treasurie , it appears , ● thinke , sufficiently , that this doctrine of merit●s , dooth mis-prouoke and inordina●ly p●●forward inconside●ate men , to this vitious ●ffec●ation of martyrdome . to which also the doc●●ine of purgatory contributes as much perswasion . the third part of pvrgatory . as morbizan the turke , being mooued by a bul of pius . by which he granted indulgences to all thē , that would take armes against him , by a letter to the pope ; required him to call in his epigrammes againe : and as a great learned man of this time calls panlus the fifts excommunication against the venetians , dirum carmen : and as bellarmine saies of prudentius , when he appoints certain holydaies in hect , paenarum celebres sub styge feriae , that he did but play more poetico : so all discourse of purgatorie seemes to me to bee but the mythologie of the romane church , and a morall application of pious and vseful f●bles . to which opinion canus expresses himselfe to haue an inclination , when he saies , that men otherwise very graue , have gathered vp rumours , and transmitted them to posterity , either too indulgent to themselues , or to the people : and that noble authors haue beene content to thinke , that that was the true law of history , to write those things which the common people thought to be true : and this censure he forbears not to lay vpon gregory , and bede , by which two , so many fabulous things were conuaied to posterity . to which ingenuity in canus , lypsius his champion saies , iudgement● but in this , onely their discretion , and an abstinence from a slippery and inconsiderate creduli●ie is in q●estion : and euen in matter of iudgement , in as good iudgement as this authour hat● , canus w●l● iustly enough in that church haue a good ●oo me . and if this authour , as hee pre●ends ●n that pl●ce , acc●pt none of these fables , but such as the authoritie and iudgement of the church hath approued , either many of the stories must loose their credit , or els the popes that approued them . who haue beene wisely and prouidently most liberall , and carefull to affoord most of that sustentation of approuing , to ●hose things that were of themselues most weake and indeffensible● so : so s. brigids reuelations are not onely approued by boniface the ninth , but confirmed by martin the fift : both which hauing concurred to her canonization , one reason why it was done , on her part , is , because at her marriage , being at thirteene yeares of age , and her husband eighteene , she vowed one yeares continency ; and the reason on the popes part was : that there might some goodnesse proceede out of the north for she was o● swethland . according to which superstition , in their mysterious ceremonies , when the gospell is song , all other parts being done towards the east , hee must turne to the north , from whence all euill is deriued , and where the diuels dwell . but for all their barbarous and prophane despite and contumelies , which they impute ( not to the diuell ) but to princes , and all sorte of people beyond their hilles , their stories are full of the memorie of benefites which sea hath receiued from northern princes , and binius confesses , that the remote and northerne people , did so much honour the romane church , that whomsoeuer they hea●ed to sit in that chaire , and to be pope , though but in name , without any discussion of his entrance , they reuerenced him as s. peter himselfe , which ( saies he ) is a wonderfull thing to be spoken . which imputation since binius laies vpon northerne catholiques , they are fairely warned to bee more circumspect in their obsequiousnesse to that church , without discussing the persons , and the matter which is commaunded them . but to returne to this comique-tragicall doctrine of purgatory , if canus weigh nothing with them : sir thomas moore , of whose firmenesse to the integrity of the romane fa●th , that c●urch neede not be ashamed , intimates as much , when he saies , that hee therefore vn●ertooke to transl●te lucianus dialogue philopseudes , to deliuer the world from superstition : which was crept in vnder religion : for ( saies he ) superstitious lies haue beene tolde with so much authority , that a cosoner was able to perswade s. augustine , thog● a graue man , & a vehement enemy of lies , that a tale which lucian had before derided in this dialogue , was thē newly done in his daies . some therfore think● ( saies he ) that they haue made christ beholden to them for euer , if they inuent a fable of some saint , or some tragedie of hell , to make an olde woman weepe or tremble so that scarce the life of any martyr or virgine ●ath escaped their lies , which makes me suspect , that a great part of those fables , hath beene ins●rted by heretiques , by mingling therof to withdraw the credite due to christian histories . and in our daies , philip nerius the institutor of the last order amongst them , who was so familiar in heauen , whilst hee liued vpon earth , that a he was faine to intreat god to depart further from him , and b to draw back his minde from heauenly matters , and turne them vpon earthly , before he was able to say masse , and c could heare the musique and symphonie of the angels , and could distinguish any vertue , or any vice , by his smelling , this man i say was euer an enemie to these apparitions : and vsed to say , that god would not take it ill , not to be beleeued , though he should truly appeare to vs in any shape . and to a scholler that tolde him that our lady appeared to him in the night , he said , next time she comes , spit in her face , which he did , and found it to be the diuell . nor did hee easily beleeue possessions , but referred it commonly to the indispositions of the body : and suspecting iustly the same diffidence in others , which he found in himselfe , hee prayed to god , that he would worke no miracles by him . so that not onely for feare of illusions , and mistaking bad spirits for good , ( for for that , their greatest authors which haue writ of that subiect , euen in these cleare & curious times , are still confident , that an euill spirit , what shape so euer hee appeare in , may be knowne by his feete or hands , and that he is euer notoriously deformed either by a tayle , or by hornes , and that hee will van●sh , if one vse him , as friar ruffin did , who when the diuell appeared to him ordinarily in the forme of christ crucified , by s. francis his counsaile , said to him : open thy mouth , & implebo stercore , and thereupon was deliuered from that apparition . and some of their saddest diuines , haue eased them thus much in any such perplexitie , that to worship the diuell himselfe in such a forme , with opinion that it were god , is not idolatry , ) not onely for these inconueniences , but euen for a generall infamy and suspition , that these apparitions which begot purgatorie haue in them , the more moderate sort of catholiques haue declined from any great approuing of them . yea serarius , though of that order that hath lost all ingenuity , confesses from baronius and villa vincentius , that in these legends , in their histories there are vaine and vitious relations , and that the pictures of those saints , are but symbolicall . and sedulius acknowledges , that , that storie in the booke of conformities , that s. francis was seene to goe out of the wound in christs side with a banner , and a great armie , is but figuratiue . of which , sayes he , there are many so highly mysterious , that it is not fit to discouer and explicate them to the wicked . so that these mirabilarij & mythologistes of that church , wil solemnly reserue these their arcana ecclesiae to themselues , and shall without any enuie from vs. and yet i denie not , but that in sober antiquitie , and in the grauest fathers , there are some impressions , which occasioned this error , of purifying soules after this life , as bellarmine sayes truly , that for the most part , lies haue their foundation vpon some truth ; for it was very long in the church of god , before the state of the soule after our death , was cleare , and constant and vniforme : the fathers being diuided in their opinions , whether our soules enioyed perfect happinesse presently , or expected and attended it till the generall iudgement . and the phrase and language , in which sometimes they spoke of the last consummation of our happinesse , in the re-vnion of the body and soule , being obscure , and various , gaue occasion of doubting , that they reserued and adiourn'd all our happinesse till that time . and that which they meant of that perfect and consummate happinesse , not to bee enioyed till then , hath beene mis-vnderstood , or detorted to the soule alone . and by such irresolution in some , and perplexity in collating their opinions , and misapplying their words , haue been imprinted indelible characters of purgatorie , and of prayer for the dead , of whose condition in the next worlde , they were not t●roughly assured . if any of the fathers haue strayed farther then so , to speak doubtfully of some such thing as purgatorie : wee will not say , as you doe , a let vs excuse it , or extenuate it , or denie it by some deuise , or faine some other conuenient sense , when it is opposed in disputation . nor dare we obtrude a contrarie exposition , as you doe , when you make pope telesphorus instituting the quinquag●sima for the clergy , by his worde statuimus , to meane abrogamus ; or when pope innocent writes to decentius a bishop , that it is not reade , that in all italie , france , spaine , affrique , and the ilands , there was alius apostolus prae●er petrum , to make him meane by alius contrarius ; which the glosse vpon the glosse in the margine mis-likes , because no apostle was contrarie to peter , and therefore makes the pope to meane ; that there was no other apostle in those places , then peter , or such as he sent . we dare not correct so boldly as to make bertram , who for . yeares together had said visibiliter , now to say inuisibiliter . wee dare not hope to scape with such a small insertion , as non , which you haue intruded to the destruction of didacus stellaes sense , in his commentarie vppon saint luke , and in eucherius his commentarie vppon genesis . wee dare not steale out that little particle , to alter the whole intention of him that hath it ; as bellarmine hath done , out of a sentence cited by gratian , out of leo , by which mariage is no sacrament , if , non , be admitted . wee will not be so vnnaturall to the fathers , as bellarmine makes the pope to be , when being pressed by nilus , to followe in the question of the primacie , the opinion of the fathers , sayes , that the pope hath no fathers in the church , but that they are all his sonnes . nor can wee exceede bellarmine in dis-esteeming the fathers , who hath called in question some bookes of almost euerie one of them , as clement , anicetus , cyprian , tertullian , ambrose , augustine , hierome , damasus , damascen , basil , iustine , nyssene , honorius , eusebius , chrysostome and others . and when damascene cites out of palladius , that a dead scull beeing asked , whether our prayers did them any good in hell , aunswered , that it brought them some ease and relaxation , bellarmine sayes , this is false , and apocryphall , and that there is no such thing in paladius : so ill a patrone is hee , of damascenes credite heerein . nor doth hee onely indefinitely say of the fathers , that it is euident that some of the chiefest of them haue grieuously erred , but as of tertullian , who imputes montanisme to pope zephirine , hee sayes , there is no faith at all to be giuen to him , and in another place somewhat more sharply ; wee doe not reckon tertullian amongst the catholiques , so doth he to very many of the other fathers , boldly impute such errours , as would vitiate any author not to haue but obserued them , and for touching whereof the centuriators are by him accounted prophane and blasphemous . so also doth medina say , that hierome , ambrose , augustine , sedulius , primasius , chrysostome , theodoret , oecumenius , theophilact , and others , were of the same opinion as aerius was , and the waldenses , and wickliffe . but as gratian preferred hierome before a councell , because hee had scripture on his side , and as your expurgatorie index ( which i cite so often , because no booke of equall authoritie , doth shew so well your corrupt doctrine , that is , what you cannot endure to heare , and your indirect practise , to make authors speake your words ) addes to one author in the margine , wee must giue no credit to these words of eusebius , and after ; this opinion of iustin , and of epiphanius , is not true : so , if for the defence of purgatorie , in the full sense of the trent councell , you obtrude any father ( which yet i professe that i haue neuer seene ) if that father be destitute of the support of scripture , you must allow vs , some of that libertie which you take , since we are more modest in the vse thereof then you are . for we need not ( euen by your frequent examples , ) binde our selues to that seruility , which your azorius subiects himselfe vnto : who disputing of the immolation of iepthes daughter , confessing , that it is not euident , that she was killed , nor likely ; nor that she could be comprehended in that vow , any more then any vncleane thing which might haue met him , and that the contrarie is more analogall to the other places of scripture , and that the rabbines , lyra , and some other catholiques , denie her death , yet , saies he , because we are bound ( that is , by the oath of the trent councell ) to expound scriptures according to the sense of the fathers , i thinke we ought to adhere to the opinion that she was slaine . but if the sense of the fathers did not stand in my way , to confesse the truth , i should approue the other opinion , because that deliuers so great a person as iephthe was , both from rashnesse and foolishnesse in making the vow , and from impietie and cruelty in keeping it . this bondage and yoake we need not cast vpon our selues , but may lawfully take chrisostomes libertie , ( since our cause is better then his , for hee dis-approued all oathes ) neuer produce to me , saies that father , this saint or this chaste man , or this milde man , or this priest ; for if you tell mee of peter , and paul , or of an angell from heauen , you shall not thereby terrifie me with the dignitie of the persons . the fathers which must gouerne in these points , must not be the fathers of the societie ; but they must be patres patrati ; fathers which haue fathers ; that is , whose words are propagated from the apostles . of which sort of fathers , in my poore reading , i neuer found any that consented with the doctrine of purgatorie now established . in which , that which we principally complaine of at this time , is , that it incites to this false martyrdome . not but that they confesse , that there are also some other wayes besides martyrdome to escape purgatorie ; else how got lypsius so soone to heauen ? for as soone as his champian cochelet calls him , lypsius aunswers , wee that are receaued into heauen , doe not despise our fellowes : and that powerfull indulgence ( which , though saint francis obtained immediately from christ , yet christ sent him to aske it againe , at the popes hands , because , sayes sedulius , hee would not derogate from the power , which he had deliuered to his vicar ) deliuers as many as doe but come to a certaine place , from all sinne , and danger of purgatorie . all which die in that order , are saued ; yea , all which loue that order hartily , how great a sinner soeuer he be , shall haue mercie . and yearely on his birthday , all which are in purgatory , especially of his order , flie vp to heauen . and hee himselfe carried aboue . away with him from thence , when he went. at one masse , at the commemoration of the dead , a friar saw soules flie from purgatorie as thicke as sparks from a furnace . and this masse he celebrated euery day , and so did infinite others . if then that friar made a true relation of the state of purgatorie in his time , that of which died in the world since his comming thether , there came but three to that place , there is no great vse of heaping so much treasure , for that imployment , since by these computations , neither the number can bee great , nor the st●y long . and if the authoritie of this sedulius seeme light , yet his booke is dignified with this approbation , that the impudency of heretiques , may bee beat backe , with most firme arguments , and with most cleare reasons ) soto might weigh more ; who considering the intensnes of the fire of purgatory , thinkes none shall remaine there aboue tenne yeares . but for all this bellarmine saies , that by most certaine apparitions it is euident , that some soules already there , shall remaine there till the day of iudgement : and though hee make an impertinent doubt , whether euer any popes haue graunted indulgences for many thousand yeares , yet in another place he assignes certain reasons , why conueniently the popes may do so ; because the penitentiall canons inflict many yeares punishment , for diuers sinnes which many men cōmit often euery day . but of this the popes are so lib●ral ( though it is impossible they should keepe any iust audit , or account since they neither know what they receiue , nor what they lay out ) that they will put in . yeares more rather thē remit that six pence , which you must paie , not for the pardon , but for the paper . and therefore martin . had a iust and proportionall respect to the nature of this ware , when he appointed a yearly faire , and yearely indulgence , both of three moneths continuance , to be kept together at loretta ; and that the priests and merchants should open and shut vp shoppes together . but martyrdome is of much more value , then these indulgences , because it is infallible for , some incapacity , and indisposition in the partie , may hinder the working of an indulgence , but martyredome cannot faile of the effect , to worke our deliuerance , as appeared by that which we cyted out of bellarmine in the end of the last part of merite . and therfore that doctrine , which teaches such a purgatory as you speak of , incytes to such a martyrdome , as we speake of , & disapproue . hauing therefore proceeded thus farre , that the purest and acceptablest sacrifice which we can offer to god , which is our liues , may be corrupted and enuenomed with di●tastefull mixtures , and that euen in the deuotedst and safest times , it fell out , not seldome to be so ; and that our corruption now is more obnoxious and apter to admitte and inuite such poys●nous ingredients , and temporall respects , then in those purer times , especially in the romane church , which misinflames the minde to false martyredome , both by depressing and trampling vppon the dignity of princes , and maintayning euery litigious clause of ecclesiastique immunity with our blood ; and also by extolling our owne merites , and encouraging vs thereby , to trafique , though with losse of our life , for the benefit and aduancement of the treasury of that church ; and lastly by the certaine●y , seuerenesse , and length of purgatory , which are infallibly hereby auoided : the next thing which i present to your discourse , and consideration , is , that the iesuites more then any other order , claim to themselues a greater forwardnesse , and alacrity to this , and are therefore busier and apter to prouoke seuere lawes , against themselues , and to incurre the dangers thereof . chap. iiii. that in the romane church the iesuites exceed all others , in their constitutions and practise , in all those points , which beget or cherish this corrupt desire of false-martyrdome . till the iesuites haue a pope of their owne , it will be ( i hope ) no heresie , to doubt , or call in question their sanctity : they may be content yet to affoord vs ( since our cause is safer ) the same excuse which is allowed for origen , chrysostome , hierome , and cassianus , euen for maintaining a lawfulnesse in lying , that the church had not then determined the contrary . they may fauour our weakenesse with the same helpe , which they apply to a pope himselfe , that it was then lawfull , without danger of heresie , for him to beleeue in earnest , that our soules should not see god , till the resurrection , because there was no definition o● the church in that point . their charity may relieue vs with the same indulgence , which they affoord to senensis , who reiects some part of the canonicall scripture , after the determination of the trent councel , because he did not reach and attaine to the force of that canon , saies gretzer , who allowes him all these escapes , that he did it either by negligence , inconsideration , a fore conceiu'd perswasion , or some other cause , which is large enough . but if euer a iesuite come to be the church , that is , the pope , we shall soo●e be precluded by the churches definitions . and as now to doubt whether the pope without a councell , may teach an heresie , is haeresi proximum , and so is semi-haereticum , when a iesuite is pope , it will be hyper-haereticum , and sesqui-haereticum : for we haue beene already taught , that something may be more thenheresie , when by a new decretall of paul the fourth , they say , that any great person falling into heresie or schisme , shall for the first offence be esteemed relapsed , and be in the same desperate state , as if he had formerly iuridically abiurd the same heresie . at least , when a iesuite comes to that throne , as in this last volume of the canon law , we haue a new title presented , de cardinalibus , which was in none of the rest , where they are call'd , the principall members of the church , constituted by the holy ghost , and the most noble part of the popes body , and the clearest lights , and most speciall children of the church ; where , to take any thing from them is called sacrilege , and to fauour any which hath dis-fauoured them , or hurt them , is made trea●on , so without doubt the iesuites will be as indulgent to their owne order , and we shall haue at the next croppe , when there is a new haruest of ripe decretals , a title , de patribus societatis iesu. as at their first institution they were thus neere the papacy , that the order of the theatines , of which paulus fourth ( who was at that time pope ) was either the authour , or a principall man , desired to be vnited to them , by which meanes they might haue compassed the papacy in th●ir cradle , so haue they of late made suspicious approaches thereunto , by admitting cardinal shippes , and other dignities . those of thei● order , who heretofore refused offers of that dignity ( as you say laynez did ●rom paulus the fourth , and borgia from iulius the third ) did it constantissime : and , i beleeeue with such constancy in resistance , tolet and bellarmine might haue preuailed . hee which giues rules for the institution of monkes , forbiddes not onely bishopp●ickes , but all acquaintance with bishoppes : by all meanes ( saith hee ) let a monke auoide women and bishops , because both hinder diuine contemplation ; which rule when iesui●es broke , and came to liue in secular and ecclesiasticall courts , they shewed that they were not stubborne and inexorable against these preferments . and if euer they attaine the papacy , they haue already laide good foundations for the entailing thereof vpon their owne family , by azorius his disputation , what the authority of the pope is in designing a successor : for he deliuers it , as the common opinion , that the forme of electing the pope being founded vpon the canons , it may at his pleasure be changed . so that the pope may establish the prouincials of the iesuites to be the electors . and then descending to another question , whether the pope himselfe may designe his successor , hee saies , that the canons against it cannot preiudice him , because he is aboue them , and that it is not forbid iure diuino ; and that for matter of fact , he beleeues s. peter did chuse clement : but least the popes should haue nothing to auert them from this course , before any iesuite were pope , and so worke an exclusion , he saies , it is not lawf●ll , iure naturae : that is , saies he , because natural reason informes , that it were inconuenient for the church : and , but for that inconuenience , he saies , they might cast lots for the papacy : but this inconuenience depends vpon such reasons , and circumstances , as are alterable , and when they cease , this law of nature ceases too . and though laynez in the vacancy after paulus the fourth , is said by you to haue had twelue of the best voyces for the papacy , though he were out of the colledge of cardinals ; and in one conclaue , bellarmine also is said , to haue had some , yet if any iesuite had voices enow , would his supe●iour allow him the religion of his vow , by which he ought to refuse it , or his naturall liberty , by which , any man that is chosen pope , may , if he will refuse it ? if it were once come to that , as you are content yet , ●o seeme as modest as the carthusian , who saies , that he beleeues it to be a singular blessing of god , that no carthusian hath beene pope : you would make good hast , to reckon with the forwardest orders , how many popes you had had : and quickly in these accounts ouergoe the franciscans themselues , who reckon of their order , not onely popes and martyres , and such po●sible things , but are so precipitate and transported with this fury , that they reckon , how many of the apostles , prophets , and patriarches they haue had of their order ; so , as i thought , whilst i reade it , they would neuer haue stopped , till they had tolde vs , how many adams and eues had beene of their order , and how many iesus christs besides s. francis : for i vnderstand not by what other figure they vse this anticipation , and call these auncients franciscans then that by which serarius the iesuit saies herod was a great machiauellian : and gregorie de valentia , that plato might learne the doctrine of purgatory out of the booke of the machabees , which was written after his de●th . but besides that the iesuites decay in the hearts of princes ( which philip the second of spaine testified well , because though he had great vse of their seruice , hee neuer did any thing for them ) this also makes me doubt that they will neuer haue pope , because it is already reueil'd by christ to s. francis : that antichrist shall come out of the family of the franciscans . this also encreases my suspicion , that they could neuer compasse , that which is much lesse then a pope , which is a saint , in their family . for the authority of the pope is greater , then of a saint , sayes cassanaeus : and in his indulgences he doth as familiarly command angels , as the yonger prentizes , the exorcists , do deuils : to whom they vse this language , when any spirit possesses a body , i command lucifer , and all the furies in hell , to precipitate you into hell fire presently , indispensably and ●ternally , till the day of iudgement : and i forbid the ayre to haue any power to receiue you . and though tortus say , that the time of the canonizing of the founder of that order is not yet pass'd , and therefore hee may bee canonized in good time ( which is a poore comfort , since i neuer found any such limitation , nor that a saint apparant , as ignatius is , may be superannated , and grow too old to bee canoniz'd ) yet since those two great princes , philip the second of spaine , and henry the fourth of france , either out of deuotion to the order , or for their owne ends , haue both pretended the solicitation of ignatius his canonizing to belong to them , and both affected the honour of procuring it , the pursuite and effecting thereof hath beene intermitted and retarded . and howsoeuer for ignatius and for xauerius , who was also a nauarrois as well as ignatius , it might please those princes , for respect to one another to forbeare any solicitation in their behalfes , yet the king of spaine had very many subiects in ●hat order , to whom no o●her prince pretended any such precontract or interest : and yet he procur'd the canonization of d'alcala a franciscane , and pennafort a iacobin , and neglected the iesuites . and though the present pope paulus the fift , haue beene much solicited for the canonizing of gonzaga the iesuite by the princes of that family ( the memory of his exempler life being yet fresh , and his worthinesse certified ( as the custome is in preparing canonization ) by cardinals which had commission to search therinto ) yet he hath allowed him no other title then beatus : which might haue beene giuen him without that rescript of the pope , as ignatius and many other haue it : since , as serarius saies , custome giues that title to those , of whose saluation there is a strong opinion , and yet are not adorned with the publique testimony of the church . nor doe i perceiue that they are in any great forwardnesse , to get a saint , since in canonizings after the consideration of the truth of the miracles , they fall in the consistory to another consideration , of the sufficiency of them . and besides that , your own acosta makes vs doubt of the truth of those miracles , which are related , because he spends a chapter in giuing reasons , why in our age , in preaching the gospell in the indies , there is not that strength of miracles , which was in the primitiue church , since , as he saies there , it would preuaile very much , if it might be , those which are said to be done by you , are for the most part so poore and beggerly , and silly things in respect of the franciscans , as betweene yours and theirs there is as much difference , as betweene iugling and coniuring . me thinks you should offer no more to plaie at that game , after you haue beleeued ( as i hope you doe , since so fresh , and so well approoued an author as sedulius giues new life to these miracles ) that s anthony when the heretiques refused to heare him preach , went to the sea side , called the fish , which came of all sorts , staide in peace , put their heads aboue water to hearken , and at the end of the sermon , some spoke , and some did but bow their heads , and so the heretiques were conuerted : or that frier andrew to correct his appetite of eating birds , at the table , by the signe of the crosse , commanded them to flie away , though they were rosted . and how much more luxuriant of miracles would their historie be , if they had not commanded friar conrade to doe no more miracles after his death , because he was buried out of their colledge : and if saint francis had not enioyn'd friar peter , vpon his graue , per sanctam obedientiam , that he should doe no more miracles , because they were thereby disquieted with concurse of people . of which kinds there are many commaundements , which lessons their number of miracles . and this philip nerius , founder of the last order , fear'd in himselfe , and therefore hee told baronius , that he had intreated god that he might doe no miracles . you can therefore in nothing equall that order of franciscanes ; for if you thinke to ouertake them in number , you will be farre short . saint francis saw at the first chapter or meeting , sixe thousand friers , and eighteene thousand deuils , which ignatius could neuer get neere , except hee made it out in deuils . for the whole number of his societie , doeth not much exceede ten thousand yet . but that which is truly proper and peculiar to you , you doe earnestly and intensly , and you excell in it ; which is , in kindling and blowing , begetting and nourishing ielowsies in princes , and contempt in subiects , dissention in families , wrangling in schooles , and mutinies in armies ; ruines of noble houses , corruption of blood , confiscation of states , torturing of bodies , and anxious entangling and perplexing of consciences . and to facilitate your way to these effects , you are in your institution mixt and complexioned of all elements , and you hange betweene heauen and earth , like meteors of an ominous and incendiarie presaging . you pretend to forsake the world , and to looke all vpward ; but , saith cassianus , such renunciation is threefold ; of all temporall fortunes , and of our maners and conditions , and of our minds from all present things . but all your labour is to vnderstand the present state of kingdomes , and where any ouerture is giuen for the popes aduantage , and where any interposition or hinderance is interiected against his purposes . and therefore that saying of saint basil to a senatour , that seem'd to renounce the world , and yet retain'd part of his state , thou hast spoyled a senatour , and hast not made a monke , belongs almost to all of this order . for you are but as eunuches ; you haue lost your apprehension and capacitie of worldly estates , yet the lust , and itche , and concupiscence , to be conuersant therein , remaines with you still . for this purpose you haue care in admissions , that none be receiued whose parents bee poore , ( which your examiner hath in charge ) least that should diuert them from the integritie of this seruice . for this purpose it is , that the superiour himselfe cannot dispence to admit any deformed person , because you will haue men sociable , acceptable , and agreeable to companie . for this purpose your superiours and rectors must write euery weeke to the prouinciall , not onely of their owne state , but of all things done amongst strangers , by the seruice of this societie . for this purpose you must haue a proctor generall at rome , who must buy and studie all the rules of that chancerie , and all t●e breues , and buls , which the popes send forth . and to this purpose was that attempt of the iesuite , who ( if a catholicke historiographer relate truely ) published at rome , that confession by letters was sacramentall and effectuall . into which opinion though a some before had straied , yet it had receiued no such strength and authority as at that time , when it was so hotly pursued , that clement . was forced to oppose a direct decree against it , and to condemne it as false , rash , and scandalous at least . for if this opinion had beene beleeued and authorized , the secrets of all states , and passages of all courts , had had no other register then the breasts of iesuites ; who are so wise apothecaries of penances , and haue so plentifull shops of those druggs of indulgencies , that all those princes , to whom any of them had beene confessor , would neither open their disease , nor seeke their physicke at any other place : when they might be deliuered of the painefullest part of confession , which is the personall shame of accusing ones selfe . and that they may attend this seruice of intelligencers : fi●st , they haue one rule of state , which is , that they let no stranger vnderstand their rules and priuiledges , and their superiours haue the prerogatiue to interpret and extend , and limit the constitutions ; whereas , for the rule of the franciscans , christ himselfe was heard in the aire , saying to s. francis , this rule is mine , not thine , and i will haue it obserued , ad literam , ad literam , sine glossa , sine glossa . and then by one bull they are enabled ( for at their first institution they were not so ) to heare confessions , and to change vowes ; and by another bull , they haue priuiledge to absolue from all censures , except those of bulla caenae . and by a another , they are licenced to practise physique , which doth not onely giue them accesse to death-beds , which is one of their chiefest scenes , but excludes all others , because they are competent for all offices . and i wonder that they haue not procured a bull , that they might be midwifes . to this purpose also of spying , b their constitu●ion bindes them to no ordinary penances , nor disciplinary m●cera●ions of the bodie : yea , that which they are content to call castigationem● which o●hers magnifie so much , is so much forbid amongst them , c that they are bound to deliuer it in confession , if euer they transgresse into it . and the rector is to prouide , not onely against these mortifications , but d against too much deuotion , as impedimen●s which call them from their studies and the charge which is giuen to him who is president ouer their spirituall matters , is to see , e that whilst they haue too much desire of deuotion , they doe not impaire their strength : and therefore that gonzaga of whom it is often f said in his life , that hee shortned his life with such discipline , g laying sharpe chips betweene his sheetes , h whipping himselfe with iron chaines , and i putting spurres betweene his dublet and his flesh , before he came into the rules of the iesuites ; wonne , and ouercame his father and mother , to encline to his purpose of entring this order , because they sawe , k that this order would be wholsome for his body , and not allow him such seuerity . for priuiledges of addition , they ha●e by l one bull all the immunities of the mendicants , which are very many and aduantageous , because thereby they must be receiued , as they trauell into any religious house : and by a another bull , at one liberalitie , the priuiledges of all orders , are extended to them . and for exemptions , they are deliuered by b one bull from keeping their howres in the chappell ; and by c another from attending at procession : and by d another dispenced from fastes , and forbidden meates : and by their e rule bound to no habite● and by f another bull , licensed to read all bookes ; which is so great a libertie in that church , that in the septims , there is g a decree of gregory the thirteenth forbidding euen arch-bishops , and kings , and all persons , but the inquisitors , to read hereticall bookes , vppon paine of heresie . if therefore , as in their h constitutions they call themselues , they be but cadauera , they are either such corrupt and putrified carcasses● as in●ect and enuenome all places where they reside , or such carcasses , as euill spirits haue assumed to walk about in : and if they be ( as they say there ) but bacula senis , this old man is the pope , whon they cannot put off , and they are such staues , as haue swords sheathed in them , and such as wound and bruise , euen the inwardest marow of kingdomes . for this purpose is that obedience to their superiours , wherein ignatius wils his disciples to exceed ( let i vs , saies he , suffer our selues to be exceeded by others , in fastings , and in watchings , and such ; but let our marke be , an abdication of the will , and iudgement . ) and so he giues them good blinde counsaile , for their beleefe , and for their actions : as to beleeue what the catholique faith teacheth , so be you carried with a blinde violence of obeying , whatsoeuer your superiour commands . and though their superiour command nothing expresly , yet they are bound once in a weeke , to say one masse , to the intention of the generall , though they know not what it is . and of this generall intention the center , and basis is , the aduancement of that sea , about which these plane●a●y mon●es , haue their course and reuolutions . olde monkes were vsed heretofore to be but coasters , houering about their owne cloyster ; fur●h●r then the contemplation of heauen , which was the bible , and of t●e starres , which were the deuout interpreters therof , guided them , they did not easily venter : except some storme of dispu●ation or passion transported them : but the iesuites in this laterage haue found the vse of the compasse ; which is the popes will , and ●ow they haue not the patience to be men● but they are merchants of kingdomes , and pyrates both of spirituall and temporall tre●sure . but the eies of a foole , are in the corners of the world , saith salomon . and euen the desire of going ●o the indies ( which is their best pretence ) if we beleeue the life of nerius , was corrected in him , by an apparition of s. iohn the euang. who tolde him , that rome was his indies , for there was matter enough for his instruction , and his example to worke vpon . and of foure sorts into which they vse to diuide monks , which are caenobites , who keepe their cloyster , eremites who aduenture into a solitude , sarabaits , who by their workes keepi●g still their contract with the world , haue dissembled with god , per tonsuram , and lastly , gyrouagi , who all their liues wander through diuers prouinces , the iesuites seeme guilty of transg●essing in both the last waies . for , besides the pallaces , and abundant possessions , which they haue as they are corporations , onely they of all sorts , are not in their particular incapable of inheritances which deuolue vpon them , by their triple vow made before the gouernour of that conuent , till they confirme it againe in a generall chapter . quod ita iudicatum , ( sayes a french lawyer ) mirabundus accepi . the franciscane friar giles , did so much abhorre all temporall prouisions , that hee told saint francis , hee did not like the antes , because they tooke such paines to prouide victuals for winter . and when a friar told saint francis , that hee came , a cella tuâ , when he heard the word tu● , he would lie no more there . but the iesuites haue not so much deuested themselues of proprietie , but that they may haue proprietie in tempor●ll possession : yea , they will haue proprietie in treas●n ; and will haue proper and singular plots of their owne , and not ioyne with your priests , watson and clarke , in their plot , nor bee traytors in common with them . this is their arrand ; and for this , like him , who imployes them , they compasse the earth , too and fro . nor are they more like the circulatores , and circumcelliones , a limme of the donatists , in this their vncertaine running about , then in that other qualitie of theirs , to vrge and importune , and force men to kill them , and if they could not extort this from others , then to kill themselues , and call all this martyrdome . for onely of this vicious inclination of iesuits to an imaginarie martyrdome , i purpos'd to speake in this chapter ; but that being occasioned by the way , to deale with men of a various vncertaine constitution and nature , i haue taken part of their fault , and as a phisitian comming to cure , sometimes receiues some of the patients infection , so spe●king of their running and wandring , i haue strayed somewhat from the directnesse , and strictnesse of my purpose . therefore to pursue it now , they are so much more intemperate and importunate vpon this pseudo-martyrdome , then any others ; by how much they are more seuere maintainers and encreasers of those doctrins of the roman church , which we noted to beget this inclination . for when the spirit of god awaked certaine reformers of his catholicke church , of which the romane church had long time beene the head , that is , the principall and most eminent , and exemplar member ( for i am euer loth , to seeme to abhorre , or abstaine from giuing to that church , any such st●les and titles , as shee is pleas'd and delighted in , as long as by a pious interpretation thereof , her desire may thereby be satisfied in some measure , our churches not iniur'd nor preiudiced , and the free spirit of god , which blowes where it pleaseth , not tied nor imprison'd to any place , or person ) at that time , i say , these seruants of god , and of his church , had no pu●pose ●o runne away from her , and leaue her di●eases to putrifie and ●ester within her bowels . nor did they vncouer her nakednesse● out of any petulancie of the●r owne , nor proclaime her filthinesse to defame or diminish her dignitie . but with the li●ertie of a midwife , or phisician , or confessor , they suruey'd her secre●est infirmities , they drew to the outward and visible parts , that is into consideration , her inwardest corruptions , and so out of that duetie , were enfo●ced to looke into and bee conuersant about her ordures , and other foulenesses , and could not dissemble nor forbeare , earnest , and bitter informing her of her owne distemper and danger , which was a worke of more zeale and humilitie , then those childish obediences , which you so much extoll in your disciples , of sweeping cobwebs and washing dishes . and they proceeded so wis●ly , and temperately , and blessedly herein , that in a short time many of her swellings were allay'd , and her indurations somewhat mollified , as appeares by the colloquies , and consultations in many places , ●or a moderate and manerly way of purging her corruptions . for certainely her diseases were not then so much in question or doubt , as whether it were for her honour , to be beholden to so meane pe●sons for health , as these beginners were : or for her ●afetie to trust her selfe in such phisicians hands ; for now diuers secular ●r●nces were come to giue their ass●stance . and as some diseases produce so violent and desperate symptomes , as the physician must sometime neglect the maine originall dise●se , and attend onely to cure the accidents : so , though the doctrine of purgatorie , were at that time no member of the body : that is , no part of the catholicke faith● but seru'd that body onely for nayles to scrape and scratche together , those spirituall physicians busied themsel●es much , to paire those nayles which defaced the beautie and integritie of the whole body , and so to slacken that griping hold , which they had taken vpon mens estates and consciences , by ●he terrour of purgatorie , and ver●ue of their indulgences . and as to both sides , there appear'd euidently in the doctrine of merits , as the schoolemen ( which then gouern'd ●n the church , by reason of the discontinuance of councels ) had sawced and di●guis'd it , many abominations , derogatorie to the passion of our blessed sauiour : so did they all confesse , in ●he doctrine of purgatory so many mixtures of coniecturall , incredible , impossible fables , as might haue scandaliz'd and discredited any certaine trueth by ●heir addition . but when on the one side , the reformers encouraged by this entrance , thought they might proceede fu●ther , and so offered to dissect and anatomize the whole church , and thought to fill euery veine , and restore and rectifie euery sprane and dislocation , and to take off euery mole , and paire away euery wemme , and to alter euen the fashion of her clothes , so that all , both substance and ceremony came in question : and the romane church on the other side , foresaw her precipitation , that if they stop'd not at the toppe , they could not at the middle of the hill , thought it better not to beginne , then not to know where to end , and so mistaking the medicine to be worse then the disease , departed from further consultation , iustified their corruptions , and by excommunications put away those seruants , which had done them these offices , and whom now they call schismatiques and heretiques , for departing from that church , which would affoord them , not onely no wages , but no other roome , then a fire . and then , as all recidiuations and relapses , are worse then the disease , vpon this relapse , came the councell of trent , which did couer and palliate some of these vlcers , and promised the cure of the rest , though they neuer went about it yet ; and then the iesuites , who crie that all there is health and soundnesse , and that there is none any where else yea that the church was borne thus , and that she is as well , as she was in her cradle , and that whatsoeuer she thinkes , or saies , or does is by a diuine power , inherent in her ; as though there had beene sowed in her at first certaine seedes of iure diuino , which now in our age , by the cultiuating , and watering , and industry of the iesuites must fructifie and produce in her , all these effects . for they will abate nothing ; their consciences are as tender and delicate , as the ground at coleyne , where some of s. vrsulaes eleuen thousand virgines are buried , which will cast vp againe in the night , any that is enterred there , except shee were of that company , though it be a childe newly baptized : so the iesuites stomaches cannot indure this , that the popes should be great by priuiledges of princes , or canons of councels : but all must be iure diuino . so that that note , which the law casts vpon some aduocates , will lie heauie vpon the iesuites , they are too carefull of their cause , and therfore they are presum'd to inuent falshood . for though it be hard for any man to goe further on the left hand , then the councell of trent hath done , in these two doctrines of merite and purgatrry , and euery catholique be bound to that councell , yet as in most other doctrines , so in these also , pelargus hath noted the iesuites to haue gone beyond others , and therefore more then others , they incite , in these points , to a false martyrdome . but as the late inuention of artillery and gunpowder , though it haue much horrour and aff●ightment in it , yet ha●h not done so much harme , as it threatned , because the fury and violence thereof , hath occasioned men to study more waies of defence and auoidance , so th●t wee see the warres deuoure fewer men now , then before this inuention came : so hath the impetuous rage and pertinacy of the iesuits , in oppugning euerie thing which they find not to be at rome encouraged other churches to oppose strong defences against them , and superstition swallowes fewer men now , then before these new enginers laboured to promote and aduance her : and as those instruments of battery which the auncients vsed in the warres , were more able to ruine and demolish , then any which are made out of this new inuention , but were left off , and dis accu●tomed only because they were not so maniable and tractable , and apt for transportation , as these are ; so certainely the arguments and bookes of the friars , and schoolemen of the romane church , which is the arsenall from whence the iesuites prouide and ●urnish themselues , haue as much force against the truth , as the subtilties of the iesuites , but that these men a●e by their rule and constitutions , apter for conueyance and insinuation , then the dull cloysterall monkes can be . for there are diuers poysons which cannot work , except they be eiaculated from the creature it selfe that possesseth it , and that his personall and present liuely malignity concurre to it , and giue it vigour ; for which these vbiquitary monks haue the aduantage of all others . nimietates sunt aequalitates , saies cassianus . and so , two extreamities , haue made the schoolemen and the iesuites equally valiant : for the schoolemen out of an ignorance of danger , hauing neuer come to hand-blowes , would venter vpon any peece of seruice , and any employment , and pierce through and spie , euen into gods secret cabinet of his essence , and of his counsails , as a fresh souldier will goe with alacrity to any breach . and then because these sublime and ayrie meditations must haue some body to inhere in , they vsed to incorporate their speculations of god , in the pope ; as it were to arrest and conserue them the better , being else too spirituall and transitorie . and so they haue so much exemplified them , one in the other , that they haue made them so like , and equall in their writings , as though they were but one . and the iesuites out of a desperate necessity must maintain their station , because if they yeeld one steppe , they will be the lesse able to stand in the next ; but after they haue confessed that the church hath erred in one thing , thinking that will subiect her in all , no place of scripture is so abundantly and euidently pregnant , no reason or consequence so directly and necessarily deduced , and concluded , no history nor matter of fact so faithfully presented , and so certainly and religiously testified , but they will stand stubbornly , and desperately to oppugne and infirme it . what wound so euer they receiue in this battaile , they disguise and hide from their disciples , by ●orbidding our bookes . and as ribadeneyra sayes of their father ignatius , that he halted of the wound which he receaued at pampelune , but so little , that the most curious could scarse discerne that he halted , so by some euasions , or supplements , or concealings , they euer dissemble their maimes and deformities . to which purpose they haue one round and dispatching way , which is , not onely to neglect , but to bragge of all which we impute to them● for so one of them sayes , that it is the greatest argument of innocence , to be accused by vs : and that he cannot be guilty of error in religion , whom an heretique condemnes . for , as it was pa●t of the oath of the grecians , against xerxes , that those temples which the barbarous armie had demolished , they would not reedifie , that thereby there might bee a continuall testimonie remaining of the impiety , so i thinke the iesuites flatter themselues with some such resolution , by leauing vnanswered the books and arguments of so many reuerent persons , which haue spoken plentifully and prosperously , of these points of merit and purgatorie . but of their other doctrine , by which more then others , they prouoke to this lauish , and contemptuous expence of life , which is , the auiling of the dignitie of princes , there can neuer enough be said . for all other orders may consist , and execute and performe all their vowes , without any iniu●ie to princes : they may be as poore as they will , till they come to that state , if they desire it , which nerius begd of god , that he might lacke a pennie , and no body might giue it him , they may be as chaste , as that iesuite which gretzer sayes hee knew , who being not able to scape from a woman which tempted him , and held him , anointed his owne face , retrimentis suis , that thereby she might abhor him , they may be as obedient as cassianus sayes the tabennentiotes we●e , who durst not presume , without leaue of their superiour , naturali necessitati satisfacere ; or as that friar iohn , who at his abbats commaund , planted a dry withered sticke , and twice a day , for a whole yeare , fetched water two miles of , to water it , sparing no festiuall day , nor apprehending any impossibility in it ; or as saint francis his nouice , who at his bidding set plants , with the head downward . these things they may doe , and yet be good subiects . but the supernumer●ry vow of the iesuites , by which they doe especially oblige themselues to the popes will , do●h in the nature , and essence , and scope thereof , make them enemies to the digni●ie of all princes , because their soueraigntie cannot consist , with that temporall supremacie which the iesuites must maintaine , by the obligation of that vow , by which they are bound , with expence of their lifes , to penetrate any kingdome , and instill sedition into their disciples , and followers . how fast this infection works in them , as by many other demonstrations , so by this also it appeares euidently , that there are extant more authors of that one order , that haue written of secular businesses , and of iurisdiction of princes , then of all the rest , since their beginning . for , their casuists , which handle morall diuinitie , and waigh and measure sinne ( which for all that perplexitie and entangling , we may not condemne too hastily , since in purest antiquitie there are liuely impressions of such a custome in the church , to examine with some curiositie the circumstances , by which sinnes were aggrauated or diminished ) doe not onely , abound in number , especially of the spanish nation , but haue filled their bookes with such questions as these , how princes haue their iurisdiction , how they may become tyrants , what is lawfull to a priuate man in such a case , and of , like seditious nature . so that they haue abandoned the stale , and obsolete names , of positiue diuinity , or controuerted , or schoole diuinitie ; and haue reduced all to crowne diuinity . and yet they account the handling of these points , to bee but a dull and obuious learning in their colledges , as though any man were able to resolue questions against princes● for they haue a rule , that they which are vnapt for greater studies , shall study cases of conscience . so also of the immunitie of the church , out of which , if it be denied to be by the indulgence of the prince , issues and results presently the dimunition of the prince , they haue written abundantly , and desperately . so haue they of the institution of a prince ; of which , one of them writing and presuming and taking it as vulgarlie knowne , that it is lawfull in some cases to kill a king , is carefull to prouide , least when you goe about to kill him , by putting poyson in his meat or drink , you make him , though ignorantly , kill himselfe . so haue they also of militarie institution many authors ; and of as many sciences as concurre to publique affaires . and with such bookes as these they allure and catch ambitious wits ; which hauing had a lower and darker breeding in schooles and vniuersities , haue some hunger of reading state learning , in any forme , much more , where they shall finde it more freely debated vpon , then if they had had place at twentie councell tables , or conspiracies . and as auerroes is saide to haue killed auicen , by anointing the booke which hee knew the other would read , with certaine poison : and as it is said , that what●oeuer flew ouer the iewes targum , whilst the authour thereof was compiling it , was scorched with the beames therof , so doe these bookes of theirs enuenome and catch hold of all such , as bring in themselues anie desire to come within too neere a distance of them . and of all these kindes of bookes , without doubt we should haue had many more , but that , as the gatherer of all the writers of the carth●sian order , not daring to slippe and leaue out the present generall bruno , and finding no books of his making , saies , that since he hath an excellent wit , and singular learning , ●e could write many bookes if he had leisure , and in the meane time , hee tooke care that the missall should be printed in a faire character and delicate paper : so the iesuites , since ●hey haue a vow to binde them to it , and a na●urall disposition to incline them , could wri●e more booke● to this purpose , but that they are continually exercised in disposing actuall plots : and yet in the meane time they take care , that the popes breues be procur'd , promulged , conceal'd interpreted , or burnt , as the cause may be most benefited and aduanced . and i do not remember , that i haue found in the approbation of any iesuits booke , this clause which is so ordinary , in most of the workes of other men , nihil fidei contrarium , aut bonis moribus , aut principibus : and yet they say , that in printing their bookes , there is great caution and diligence vsed , and that they passe the hands of men most intelligent , and of mature iudgement : but , as it seems by this remarqueable omission , no good subiects nor fauourers of princes . if they doe thus much when they are serui papae , what will they doe when they are famuli ? which diffrence i learned out of the missal , where a bishoppe must pray , vnd cum me indigno seruo tuo ; but the pope , famulo : for he may well be said to be in ordinary with god , since he is one ordinary with him ; for so saies aluares , god and the pope haue one consistorie : and in another place , all cases reserued to god , are reserued to his vicar : so that by that rule , what euer god can do , in disposing the matters of this world , the pope also can do : for there he saies , out of hostiensis , that that direction , dic ecclesiae , if the pope sinne , who cannot be complain'd of , is ment , dic deo , vt conuertateum , aut dic ecclesiae triumphanti , vt oret pro eo . so when bellarmine who had done sufficiently for the pope , whilst he was but a seruant , that is an ordinarie iesuite , came to his familiarity , and housholde seruice , by being a cardinall in the consistorie , and so grew more sensible of the papacy , being now himselfe , as they speake , papabilis , he takes al new occasions , to extoll his master , and his throne and sea : and hauing manie yeares neglected his owne defence , and answered such great men as opposed him , onely with such proctors as gretzer , and eudaemo-ioannes , vnprouoked he rises vp in the venetian , and in the english cause , to establish by new bookes , the new article of temporall authority in the pope . and since that , as aeneas syluius , retracted all which he had written before for the basil councell , when he came to be pope : so bellarmine when perchance hee would be pope , hath made a new ●uruay and recognition of all his workes ; in which , as though he had beene too moderate before , in al those places , which concerne this question , he hath expressed a supple and variable conscience , a deiect slauerie to that sea , and a venemous malignity against princes ; of which it seemes to me expedient to present a few examples . i allow not now , saies bellarmine , that which i said before , that infidell princes may not be depriued by the church , of that iurisdiction which they haue ouer christians : for though durandus doe probably teach so , against saint thomas , and i then followed his opinion , yet now the authority of s. thomas preuailes more with me . yet he had seene and considered both their reasons before . in another place he saies , now i allow not that which i said before , that paul appealed to caesar , as to his iudge . and after , whereas i said , that popes vsed to be chosen by emperours , the word emperour , potest & forte debet deleri : for ( saies he ) i followed gratians canons , which , as i learned since , are not approued ● and againe , when i said that the pope was subiect to the emperour , as to his temporall lord , i meant de facto , not de iure : and this course he holdes in that booke of recognitions . and here we may conuen●ently conclud● this chapter , of the iesuites speciall aduancing all those doctrines , which incite to this martyrdome , after we haue produced some of their owne testimonies of their inordinate hunger thereunto , and of the causes for which they affect it . one of their spirituall constitutions is , that euery one of that order must thinke that christ spoke to him when he said , he that doth not hate his owne life , &c. and so they make an obligatorie precept , to binde at all times , of that which vvas but a direction for our preparation and readinesse to suffer for his sa●e . ribadeneyra names two iesuites in the ●n●dies , which being sicke in bedde , when they might haue escaped , came forth halfe naked , and voluntarily offring their throates , were slaine . and hee saies that simon acosta ( one of the fiue brothers , who were all of this order ) declared himselfe to bee a iesuite , when ●e was not knowne , that he might be put to death . and so aquauiua , being pursued , refused a horse , by which hee might haue scaped , and chose rather to die , then ride . and yet this was amongst infidels , where the haruest was great , and the worke-men few : which kind of intemperance hath beene formerly condemned out of their owne authors . but of this point it is enough to relate the wordes of him , who speakes in the person of all the iesuites ; who cals himselfe clarus bonarscius , but is vnmask'd and disanagrammatiz'd by his fellow , who calls him , carolus scribanius , he saies , that the scaeuolaes , the catoes , the porciaes , and the cleopatraes , are nothing to the iesuites : for they ( saies he ) lacked courage , ad multas mortes , and in a fewe yeares , he saies , they haue had three hundred martyres : therefore he saies , that they of that order doe violently teare out martyrdome , rapiunt spontanea irruptione ; and , crederes morbo adesos : and for what causes do they this ? least the rest of their life should be barren of merites , and passe away emptie of glorie : and then hee passes to them who haue died in england ; and as in these men , this hunger of false-martyrdome , goes euer together with blasphemy against princes , there he heapes eulogies vpon campian , and reproaches vpon that sacred prince , for treason to whom he perished , whom this wretch dares call anglicanam lupam , and after , saeuientem caluinianam lupam : and after this he saies , that when they come to this order , they bargain vpon this condition , vt liceat prodigere animas , hostili ferro . in which , i thinke , he relates to that oath , which they take in the colledge at rome , by a constitution of the pope ; that they shall returne into england , to preach the catholique faith publiquely there : which oath nauarrus saies bindes them so strictly , that they are disabled to enter into any rule of stricter religion , though that were a further degree of perfection , but must necessarily returne into england : of which oath we will say no more , but onely repeat baronius his panegyrique , and incitatorie encouragement , speaking thereof : the holy societie in her safe sheep-folds hath fatted you , as innocent lambes for this martyrdome , and she sends you forth to triumphes , and aduances you to crownes . be therefore couragious and valiant , you who haue vowed and betrothed your blood by an oath : for my part , i enuie you , that are design'd and apparant martyres , and wish that my end may be like yours . and what he assignes for one cause of this martyrdome , to which he prouokes them , and congratulates their interest therein , we declared out of his words before in the shutting vp of the last chapter , which was defence of ecclesiastique immunity ; that is debasing , and diminishing of princes . and thus we haue gone one steppe further : and to the former , which were , that the desire of martyrdome might be vicious , & that , as the roman authors obserue in the first times , it had beeene so ; and , that by the romane doctrine it must of necessity be so , vve haue added now , that the iesuites more then any , inflame thereunto . chap. v. that the missions of the pope , vnder obedience whereof they pretend that they come into this kingdome , can be no warrant , since there are lawes established to the contrarie , to giue them , or those which harbour them , the comfort of martyrdome . in the end of the second chapter , i mentioned a canon of the eliberitane councell ; and as in that place it had this vse and office , to shew that the intemperate and inopportune affectation of martyrdome , needed a restraint in some , too aemulous thereof , by eulalines example , so may it very properly and needfully haue a place here , because it showes the reasons , why certaine men were not receiu'd for martyrs , by the church . and the authoritie of this councell is of great force , as well by reason of the puritie of the time , in which it was celebrated , which was about three hundred and fiue yeeres after christ , and twentie yeere before the nicene councell , as especially , in this point of martyrdome , because it was held in continuing persecution , and when the danger was imminent in those parts , in which the people needed direction and instruction● and also , because now there is no doubt of the genuine integritie of this councell . for , though bellarmine imputed some errou●s to it , as being too seuere against such as had slipp'd in time of persecution , and baronius spoke sometime of it , somewhat freely au● sh●rpely , saye● binius , yet after that , he changed his opinion , and hee , and biniu● , haue now redeem'd all the canons of that councell from any imputation . of which canons , this is the sixtieth : that they which breake the idols of the gentiles , and are sl●ine by them , shall not be receiued in●o the number of martyrs . because , this is not written in the gospell , nor found that it was euer done by the apostles . so that by the opinion of that councell , that onely is a sufficient cause to intitle and interest a man in the crowne of martyrdome , vvhich was found written in the gospell , or practised by the apostles . and is there any thing found in either of them , which may be a precedent to this mission ? christ appointed twelue , whom hee might send to preach ; but what ? the kingdome of god. and assoone as saule had an inward mission , the text sayes● straightwayes he preached euen in the synagogue . but what ? hee preached christ ; and what did hee preach of him ? that he was the sonne of god ; and that it was hee that was ordain'd of god , a iudge of quicke and dead : and● as himselfe sayes , of his practise after , we preach christ crucified . but this mission from rome , is not to preach christ , but his vicar : not his kingdome of grace , or glorie , but his title to temporall kingdomes : not how hee shall iudge quicke and dead at his second comming , but how his vicar shall inquire , examine , syndicate , sentence , depose : yea , murder princes on earth : not christ crucified , languishing for vs vnder thorns , nayles , whippes & speares , but his vicar enthron'd , and wantonly groning vnder the waight of his keyes , and swords , and crownes . christ said to those whom he sent , vvhat i tell you in darkenesse , that speake you in light , and what you heare in the eare , that preach you on houses , and feare not them that kill the body . and if no other thing were told you in darknesse , and whisper'd into your ears , at your missions hither , then those which our sauiour deliuer'd to them , you might be as confident in your publicke preachings , and haue as much comfort of martyrdome , if you died for executing such a commission . but what your instructions deliuered in darkenesse , and told in your eares , are , appeares now enough , by inspection , by confession , by testimonie , by practise , by analogie of your doctrine , and by baronius words , that you are sent hither to defend the immunities of the church , which deliuers you from all subiection to the king , and from being traytors whatsoeuer you attempt : as also to defend the catholicke faith , which first makes it heresie to depart from the subiection to rome , and then makes it a forfeiture of all iurisdiction to incurre that heresie . except this be written in the gospell , or practised by the apostles , you cannot be martyres for this . but to descend to reasons of a lower nature , of the law of nations , and conueniency and decency ; since all those which maintaine the spanish expeditions , and proceedings in the indies , by the strength of the popes donation , concurre in this , that into what place soeuer the pope , or any princes may send priests , they may also send armies for the security of those priests , and them whom they haue reduced : and since it is euident by all your writers , that the pope hath more iurisdiction ouer christian princes relapsed from rome , then ouer infidels , might hee not for safe-guard of his apostles , sende fleetes and armies hither ? and is it not the common and receiued opinion , which maynardus deliuers , that in all cases where the pope may enioyne , or commaund any thing , he may lawfully proceede by way of warre , against any that hinder the execution thereof . if then such armies and fleets were sent to conduct you , and were resisted in their landing , or defeated in battell ; had not they as good title to martyrdome as you ? and may not the pope as well canonize the whole spanish fleete , which perished in . for your catholique faith , and ecclesiastique immunitie ? since in many cases , as in the innocent children ( of whom hilary saies , that they were exalted to eternity , by martyrdome ) one may bee an implicite martyre , though he know not why he died , so he haue no actuall reluctation against it . and it is very probable , that their title was b●tter then yours , for this point of sending , because they were vnder the obedience of them which sent th●m : but for you , ( not to dispute now whether the cause be enough for martyrdome , or whether your obedience can giue it that forme , and life , and vigour ) you are so farre from being sent , or from exercising any obedience in this act , that your first step , which is going out of the kingdome , is absolutely and euidently disobedience to your prince , before you haue any colour of hauing submitted your selfe to any other superiour ; and then you enter into the colledge , vppon condition that you may returne , and you ta●e an oath before hand that you will returne : so that you returne not hither in obedience of your superiour , but in performance of your owne vniust , and indiscreete vowes : both which , in all vowes , are annulling or vitiating circumstances . neither dooth this oath so farre binde you to returne , ( though nauarrus say so ) but that one of the learnedst of the iesuites , thinkes , if that be forborne , and some order of religion embraced in stead thereof , the oath is better performde . and , if these lawes which take holde of you , when you returne hither , had been made betweene the time of your vowe , and your returning : and if they had beene made directly to that end , to interrupt and preclude the performance of this vow , yet naturally they would worke the same effect vpon this vow of yours , and make it voide , because something was now interpos'd , which may iustly , yea ought to change your purpose : for if that law had beene made before , your vowe had beene vniust from the beginning ; which is the case of as many of you , as haue gone since the making of those prohibitory lawes . for a law which forbidds vpon paine of losse of goods , death , banishment , or such , bindes a man vpon paine of mortall sinne ; and therfore no vow can iustifie the breach thereof . all this , if the lawes be iust , is euident and without question , and how could it be euident to all those yong schollers which went ouer , and made this vowe , that these lawes were vniust ? what infallible assurance could they haue of this , to excuse them of disobedience in going , or indiscretion in swearing ? their owne men teach , that the lawes of princes are not therefore necessarily vniust and voide , because the prince had an ill intention in making them . as if the prince propose and purpose particular gaine , by exacting the penalty of the law , or reuenge vpon certaine persons , by executing thereof ; this makes not your law voide , so that it be profitable to the bodie of the common-wealth : much lesse were our l●wes in this case , subiect to that ●railty , and de●eseablenesse , because they were made ( to omit in this place the principall inducement , for the glorie of god , and preseruing his gospell i●purity and integrity ) in such necessities , as without such defence , the person of the prince , and the ciuill and ecclesiast●que state , must haue ●uffered daily , and dangerous fluctuations , and perils of shipwracke ; which dangers continue vpon vs yet ; and therefore the same physick must be continued . for lawyers teach vs , that the word potest , doth often signifie actum : and what the pope may do , their bookes threaten in euery leafe : and then against such a man a● vseth to doe as much as hee threatens : the lawyers tell vs , many● and against such all waies of defence are iust , when any danger ( to vse the extent of lawyers ) are meditated , prepared , likely , or possible , for it is a beggerly thing , rather to be beholden to others modestie and abstinence , then to our owne counsaile and strength for our securitie . so that , as when the three emperours , valentinian , valens and gratian , had made a lawe , that no ecclesiastique person should haue any capacity to receiue from noble women , who were then obserued to bee profu●e in these liberalities , to the detriment o● their own estates , and of the publique , saint hierome 〈◊〉 , hee did not grieue that such a law was made , but that the couetousnesse of the clergy had occasioned these most religious princes to make that law : so you ought rather to lament , that the doctrine and practise of some of your principall men , hath raised these iealousies and suspitions in a prince , out of the conscience of his owne equalitie naturally confident , then murmure at the law , or dis-councell the obedience to it . for in these cases of naturall preseruation , it is not onely lawfull to make new lawes , but to breake any other , which are not directly diuine . and if you impute the worst condition of these lawes , which malignitie can obiect to them , which is , that those catholiques , which are innocent , which meerely out of conscience , abstaine from communicating with vs , in the word and sacraments , shall be vtterly starued and depriued of all spirituall sustentation , if the lawes which forbid all priests to enter , should be still executed ; yet that inconuenience will not annull and make voide a law , so farre , as that to doe against it shall be a iust cause of martyrdome : for in making of lawes , those euils which doe occasionally or consequently a●ise from the execution thereof , must not be considered , but what the principall intention of the law-maker was : which , in our case was , the preseruation of the publique . and yet the catholiques in england shall for all this be in as good condition here , as they should be in any catholique countrie , which were by the popes displeasure vnder a locall interdict ; which the popes doe often impose , with small respect to the innocents● for in the late businesse betweene the church and the state of venice by the popes breues , the whole dominion was interdicted , because the senate , which onely was excommunicated , did not within three daies do all those acts , which were so derogatory to the soueraignty of that state. and so , that punishment , which is so seuere , by the canons , that as boniface the eight obserued , it occasions many heresies and indeuotion , and many dangers to the soule : and , as the glosse saies there , by experience it appeared , that when a place had lien long vnder an interdict , the people laughed at the priests , when they came to say masse againe ; was inflicted vpon many millions of innocent persons : all which , if that state had not prouided for their spirituall food by staying the priests , had bin in as ill case by that interdict , and euocation of the clergie , as the catholiques in england were by those lawes of interdicting their entrance , considering with how much lenitie in respect of their extreame prouocations , they were executed . and if that reliefe which vgolini giues to comfort the venetians consciences , be of any strength , which is ; that that which they loose in spirituall sustenance , they gaine in the merite of obedience , it may as effectually worke vpon english consciences , as it could vpon theirs . no● is it so harsh and strange , as you vse to make it , that princes should make it treason , to aduance some doctrines , though they be obtruded as points of religion , if they inuolue sedition , and ruine or danger to the state ; for the law sayes , that is maiestatis crimen , which is committed against the securitie of the state ; and in that place , it cals securitie , tranquilitie : and whether our securitie and tranquilitie haue not beene interrupted by your doctrine , your selues can iudge , and must confesse . these lawes against which you complaine , drewe not in your priests which were made in queene maries time , though they were catholicke priests , and exercis'd their priestly function ; and though they had better meanes to raise a partie in england , because they were acquainted with the state , and knew where the seedes of that religion remain'd : but in that catholicke religion of which they were priests , they found not this article of tumult and sedition , and withdrawing subiects from their obedience . is there not a decretall amongst you , by which it is made treason to offend a cardinall ? which is a spirituall offence ; for it is also sacriledge . and is ●here not another b● which a●● practisers by simoney in a conclaue , though they be ambassadours of other princes , are punished as traytors ? and if their masters seise not their goods , confiscate by this treason , within a certaine time , the church may . doeth not one of your owne sect v●ge a statute in poland , against a gentleman of that nation , that whosoeuer shall be infected or suspected of heresie , shall be apprehended as a traytor , by any man though he bee no officer ? and we dispute not now whether your doctrine be heresie , but whether such points of religion , as are no articles o● faith , nor deriued from them , if they be seditious , may not be punished as treason , and properly enough call'd treason . in which pius the second ha●h clear'd vs and giuen vs satisfaction , who sayes , that to appeale to a future councell , is not onely heresie , but treason . and simancha concurres to that purpose , w●en hee sayes , that they which haue beene teachers of heresie , cannot be receiued though they recant in iudgement , because it is enough to forgiue one fault , but such are guiltie of two deaths , and must bee punished , as enemies to the state ; and that therefore he whi●h attempts to corrupt the king or his queene , or his children with heresie , is guiltie of treason . and that there is a ciuill trespasse in heresie , as well as a spirituall , appeares by confiscation of their goods in your courts ; which goods and temporall detriments , though the offenders bee pardoned , and receiu'd into the bosome of the church , and so the spirituall● offence be remitted , are neuer to be restored● no● repai●d . if therefore the canon lawe can extend to create treason in a spirituall cause● if amongst you , as it is heresie to beleeue , ●o it is treason to teach , that there is no purgatorie , shall it not be lawfull to a soueraigne and independent state , to say by a law ; that he which shall teach , that a priest cannot be a traytor though he kill the king : and except a king professe intirely the romane faith , he hath lost all title and iurisdiction , and shall corrupt the subiects with such seditious instillations as these , shall be guiltie of treason ? the parliament of paris in that arrest and sentence , by which it condemn'd ●he iesuites scholler cha●tel , who attempted to murder the k●ng , makes it treason to vtter those scandalous and seditious words● which hee had spoken , and which he had receiu'd from false and damnable instructions ( where●n it intim●tes the ●esuites , whom the ●entence in other pl●ces , name , directly ) which words are expressed or impl●ed almost in all the iesuits boo●es of state matters : that sentence also pronounces all the iesuites cor●upters of youth , ●roublers of the peace , enemies of the king and state , and if they depart not within certaine daies , guiltie of treason . and this sentence pronounces , that if any of the kings subiects , should send his sonne out of the realme , to a iesuites colledge , hee should incurre treason . and though your expurgatorie index can reach into all libra●ies , and eate and corrupt there more then all the moathes and wormes , though you haue beene able to expunge , yea euert , and demolish the pyramis erected in detestation of you by this arrest , yet your deleatur will neuer stretch to the scarre in the kings face , nor your inseratur restore his toothe , nor your expunctions arriue to the recordes which preserue this sentence . and came it ( thinke you ) euer into the opinion of the catholickes of france , that if a man by vertue or example and precedent of this arrest , had beene executed as a traitor , for speaking those forbidden words , or for sending his sonne to the iesuits , he should haue beene by the catholicke church reputed a martyr ? when the iesuits were lately expell'd from venice , and when other priests which stai'd there , were commanded by lawes to doe their functions , did either the iesuites apprehend this opportunitie of martyrdome , and come backe , or did the priests find such spirituall comfort in transgressing this law , that they offred to goe out ? and in all our differences , which fell out in this kingdome betweene our kings , and the popes , when so many capitall lawes were made against prouisions and appeales , ( not to dispute yet whe●her de iure or de facto only , or whether by way o● introduction , or declaration ) doe you finde that the catholiques then vsed the benefite of those lawes , to the procurement of martyrdome ? or hath the blood of any men executed by those lawes , died your martyrologes with any rubriques ? and yet those times were apt enough to countenance any defender of ecclesiastique immunity , though with diminution of ciuill and secular magistracie , as appeares by their celebrating of becket : ye● i find not that they affoorded the title of martyre to any against whom the state proceeded by the ordinary way and course of law . why therefore shall not the french , and italian , and olde english lawes giue occasion of martyrdome in the same cases , as these new lawes shall ? at least why should campian , and those which were executed before these new statutes , be any better martyres then they ? since they were as good catholiques as these , and offended the common law of england in the same point , as these . but if the breach and violating of the later statutes , be the onely or liueliest cause of martyrdome , then , of parsons , who euery day of his life doth some act to the breaking thereo● , it is verie properly said by one of his owne sect , that hee is per totam vitam martyr . and this may suffice to remember you , that you intrude into this emploiment , and are not sent , and that our lawes ought to worke vpon your oath , of returning to the annihilation thereof , because both the necessit●e of the making and continuing ●hereof and the precedents of our owne , and other catholicke kingdomes , giue vs warrant to make seditious doctrine treason , and your owne canons and i●dica●●re giue vs example , and ( if we needed it ) authoritie to proceede in that maner . chap. vi. a comparison of the obed●●nce due to princes , with the seuerall obediences requir'd and exhibited in the romane church ; first , of that blind obedience , and stupiditie , which regular men vow● to their superiours : secondly , of th●t vsurpe● obedience to which they pretend by reason of our baptisme , wherein we ar said to haue made an implicite surrender of our selues and all that we haue , to the church ; and thirdly of that obedience , which the iesuits by a fourth supernumera●ie vowe , make to be dispos'd at the popes absolute will. there hath not beene a busier disquisition , nor subiect to more perplexitie , then to finde out the first originall roote , and source , which they call primogenium subiectum , that may be so capable of power and iurisdiction , and so inuested with it immediately from god , that it can transferre and propagate it , or let it passe and naturally deri●e it-selfe into those formes of gouernement , by which mankind is continued and preserued ; for at the resolution of this , all qu●stions of subiection attend their dispatch . and because the clergie of the roman church , hath with so much fierce earnestnesse and apparance of probablenesse , pursued this assertion , that that monarchall forme , and that hierarchie , which they haue , was instituted immediately from god ; many wise and iealous aduocates of secular authoritie , fearing least otherwise they should diminish that dignitie , and so preuaricate and betray the cause , haue said the same of regall power and iurisdiction . and euen in the romane church a great doctor of eminent reputation there , agrees ( as he sayes ) cum omnibus sapientibus , that this regall iurisdiction and monarchie ( which word is so odious and detestable to baronius ) proceedes from god , and by diuine and naturall law , and not from the state or altogether from man. and as we haue it in euidence , ●o we haue it in confession from them , that god ●ath as immediately created some kings , as any priests . and cassanaeus thinkes this is the highest secular authoritie that euer god induced : for he denies that old or new testament haue any mention of emperour . but to mine vnderstanding we iniure and endanger this cause more , if wee confesse that that hierarchie is so immediately from god as they obtrude it , then we get by offering to drawe regall power within the same priuiledge . i had rather thus farre abstaine from saying so of either , that i would pronounce no farther therein , then this , that god hath immediately imprinted in mans nature and reason , to be subiect to a power immediately infus'd from him ; and that hee hath enlightned our nature and reason , to digest and prepare such a forme , as may bee aptest to doe those things , for which that power is infus'd ; which are , to conserue vs in peace and in religion : and that since the establishing of the christian church , he hath testified abundantly , that regall authoritie , by subordination of bishops is that best and fittest way to those ends . so that , that which a iesuite said of the pope , that the election doth onely present him to god , wee say also of a king ; that whatsoeuer it be , that prepares him , and makes his person capable of regall iurisdiction , that onely presents him to god , who then inanimates him with this supremacy immediately from himselfe , according to a secret and tacite couenant , which he hath made with mankinde , that when they out of rectified reason , which is the law of nature , haue begot such a forme of gouernement , he will infuse this soule of power into it . the way therefore to finde , what obedience is due to a king , is not to seeke out , how they which are presum'd to haue transferr'd this power into him , had their authoritie , and how much they gaue , and how much they retain'd ; for in this discouerie none of them euer went farther , then to families ; in which , they say , parents and masters had iurisdiction ouer children , and seruants ; and these families concurr'd to the making of townes , and trans●err'd their power into some gouernour ouer them all . but , besides that this will not hold , because such sauadges as neuer rais'd families , or such men as an ouerburdned kingdom should by lot throw out , which were peeces of diuers families , must haue also a power to frame a forme of gouernement , wheresoeuer they shall reside , which could not bee if the onely roote of iurisdiction were in parents & masters ; this also will infirme and ouerthrow that assertion , that if parents and masters had not this supreme soueraignty , which is requisite in kings , they could not transferre it into kings , and so kings haue it not from them : and if they were soueraignes they cold not transfer it , ●or no soueraigne can deuest himselfe of his supremacie . regall authority is not therefore deriued from men , so , as at that certaine men haue lighted a king at their candle , or transferr'd certaine degrees of iurisdiction into him : and therefore it is a cloudie and muddie search , to offer to trace to the first roote of iurisdiction , since it growes not in man. for , though wee may goe a steppe higher then they haue done which rest and determine in families , which is , that in euery particular man considered alone , there is found a double iurisdiction of the soule ouer the body , and of the reason ouer the appetite , yet those will be but examples and illustrations , not rootes and fountaines , from which regall power doth essentially proceede . sepulueda , whom i cited before , saies well to this purpose ; that the soule doth exercise , herile imperium vpon the body : and this can be no example to kings , who cannot animate and informe their subiects as the soule doth the body . but the power of our reason vpon our appetite , is , as he saies pertinently , regale imperium ; and kings rule subiects so as reason rules that . to that forme of gouernement therof for which rectified reason , which is nature , common to all wise men , dooth iustly chuse , as aptest ●o worke their end , god instils such a power as we wish to be in that person , and which wee beleeue to be infused by him , and therefore obey it as a beame deriued from him , without hauing departed with any thing from our selues . and as to the end of this power , is alwaies one and the same , to liue peaceably and religiously , so is the power it self though it be diuersly complexioned , and of different stature ; for that naturall light and reason , which acknowledges a necessity of a superiour , that we may enioy peace , and worshippe god , did consent in the common wish and tacite praier to god , and doth rest in the common faith and beliefe , that god hath powred into that person all such authority as is needefull for that vse ; therefore of what complexion soeuer the forme of gouernement be , or of what stature soeuer it seeme , yet the same authority is in euery soueraigne state : thus farre , that there are no ciuill men , which out of rectified reason haue prouided for their peaceable and religious tranquility , but are subiect to this regall authority , which is , a p●●er to vse all those meanes , which conduce to those endes . for those diffrences which appeare to vs in the diuers ●ormes , are no● in the essence of the soueraignty , which hath no degrees , nor additions , nor diminutions , but they are onely in those instruments , by which this soueraignty is exercised , which are ordinarily called arcan● , and ragion di st●to , as i noted before● and as the soule it selfe , hath as good vnderstanding in an idiote , and as good a memory in a l●thargique person as in the wises● and liueliest man ; so hath this soueraignty in ●●●ry state equall vigour , though the organes by which it workes be not in all alike dis●osed . and therefore the gouerne●e●t amongst the iewes before sa●le , was fully a kingdo●e in this accep●ation : nor did they attend any new addition to this power , in their solicitation for a king : but , because they were a people accustomed to warre , they wished such a soueraigne as might lead their armies ; which office their priestes did not ; and they grudged that their enemies should be conduced by better persons then they were . and so , though some ancient greeke states , which are called regna laconica , because they were shortned and limited to certaine lawes , and some states in our time seeme , to haue conditionall and prouisionall princes , betweene whom and subiects , there are mutuall and reciprocall obligations ; which if one side breake , they fall on the other , yet that soueraignty , which is a power to doe all things auaileable to the maine end●s , resides somewhere● which● if it be in the hands of one man , erects and perfects that pambasilia of which we speake . for god inanimates euery state with one power , as euery man with one soule : when therefore people concurre in the desire of such a king , they cannot contract , nor limitte his power : no more then parents can condition with god , or preclude or withdraw any facultie from that soule , which god hath infused into the bo●dy , which they prepared , and presented to him . for , if such a company of sauadges , or men vvhom an ouerloaded kingdome ●ad auoided , as vve spake off before , should create a king , and reserue to themselues a libertie to reuenge their owne wrongs , vpon one another , or to doe any act necessary to that end , for which a king hath his authority , this liberty were swallowed in their first acte , and onely the creation of the king were the worke of rectified reason , to which god had concurr'd , and that reseruation a uoide and impotent act of their appetite . if then this giue vs light , what and whence the kings iurisdiction is ; we may also discerne by this , what our obedience must be : for power and subiection are so relatiue , as since the king commaunds in all things conducing to our peaceable and religious being , wee must obey in all those . this therefore is our first originary , naturall , and congenite obedience , to obey the prince : this belongs to vs as we are men ; and is no more changed in vs , by being christians , then our humanity is changed : yet hath the romane church extolled and magnified three sorts of obedience , to the preiudice of this . the first is , that which they call caecam obedientiam : which is an inconsiderate & vndiscoursed , and ( to vse their owne word ) an indiscreete surrendring of themselues , which professe any of the rules of religion , to the command of their prelate and superior ; by which , like the vncleane beasts , they swallow , and neuer chaw the cudde : but this obedience proceeding out of the will and electio● of them , who applie themselues to that course of life , cannot be of so great authority and obligations , as the other which is naturall , and borne in vs ; and therefore , farther then it agrees with that ; it is not out of rectified reason . and though it seeme scarce worthy of any further discourse , yet i cannot deny my selfe the recreation of suruaying some examples of this blinde and stupid obedience , and false humility , nor forbeare to shew , that by their magnifying thereof , and their illations thereupon , not only the offices of mutuall society are vncharitably pretermitted , but the obedience to princes preiudic'd and maimed , and the liuely and actiue , and vigorous contemplation of god clouded and retarded . for when a distressed passenger intreated a monke to come forth , and helpe his oxe out of the ditch , was it a charitable answere to tell him , that he had bin twentie years dead , & in his graue , and could not now come forth ? yet it may seeme excusable in them to neglect others , if this obedience make them forget themselues ; as certaine youthes whom their abbot sent with figges to an ermit , loosing their way , sterued in the desart , rather then they would eate the figges , which they were commanded to deliuer . is it likely that when mucius a monke , at the commaund of his abbot , who bid him cast his crying sonne into the riuer and drowne him , did in the feruor of obedience obey it , god should reueale , that in that acte , he accomplished abrahams worke ? are these wholsome instructions , that it is a greater pride to doe a good worke against the superiours commaund , then a bad , because they are vices vnder pretence of vertue ? or this , that it is better to sinne against god , then our spirituall father , because he can reconcile vs to god , but no body to him ? which doctrine it seemes heli had not accepted , when he said , if one man sinne against another , the iudge shall iudge it , bu if a man sinne against the lord , who will pleade for him ? how many grea●er matters must they of necessity leaue vndiscussed , that professe such tendern●sse and scrupu●osity of conscience , as the late iesuit gonzaga , w●o doubted that when hee had said he would goe , ad domum professorum , he had sinned in an idle word , since he might haue beene vnderstood well enough though he h●d left out the last wordes ? or that he had sinned in answering affirmatiuely to his s●periours question , whether he would go to a certaine place , because he ought to haue left it all to his superiours will , without any affirmation ? was it due and necessa●y obedience , when desirous to be instructed in that point of predestination , and his superiour turning to a place in s. augustine , and bidding him read there , being come to the end of the page , but not of the sentence , he durst not turne ouer the leafe , because he was bid to read there ? sedulius seemes glad that he had examples enough to furnish a chapter , de simplicita●e minoritarum ; and hee seemes to haue much comfort that he is of the same order , as friar ruffin was , who out of simplicity cut off a liuing ho●ges foote , to dresse for a sicke bodie , and ●odde his birds in the feathers : who also out of his humility , desired that he might stinke when he was d●ad , and that he might be eaten with dogges . and he saies that friar iuniper was so simple , that a doemoniaque possessed man , ranne seuen miles from him , because the diuell could not abide patientiam iuniperi . was it not prodigium obedientiae , as sedulius iustly calles it , in fryar ruffin to go preach naked ? and were there not some degrees of spirituall pride in gonzaga , who is praised because he had a paire of patched hose in delicijs ? and that he refused to put on a paire of old bootes , because a worshipfull man had worne them ? and that when his handes did cleaue with colde , he would put on no gloues ? was there not some measure of stupid insensiblenesse in him , when he durst not spit in any necessity at his praiers ; and that he knew not how many brothers he had ? and of desperate prouocation , when he heard of a plague likely to be in those parts , to make a vow to visit those which were infected ? and of murmuring , when he grudged and grieued , that he could find out no veniall sinne in himselfe ? and of inhumanity , when he was sorry , if any body loued him ? and of a sear'd and shamelesse stubornenesse , when he therefore desi●'d to speake in publicke , because hee had an vng●acious and ridiculous imperfection in pronouncing the letter r. and ask'd leaue , e suggestu dicere , ( which , i thinke , is to preach ) in spanish , because he was sure to be laugh'd at by that meanes , being imperfect in that language ? and doeth it not taste of an vnnaturall indolencie in him , to say no more at the newes of his fathers death , but that nowe nothing hindered him from saying , ovr father which art in heaven ; as if it had troubled his conscience , to say so before ? who would not haue beene glad , that such a preacher should giue ouer , as when friar giles a lay man , call'd to him , hold your peace master , for now i will preach , gaue him his place ? who would wish s. henrie the dane any health , that had seene him , when wormes crawled out of a corrupted vlcer in his knee , put them in againe ? or who would haue consented to the christian buriall of that monke , which dorotheus speakes off , if he had died of that poyson , which hee saw his seruant mistake for honie , and put it into his brothe , and neuer reprehended him , before nor after he had eaten the soppes : but when his seruant apprehended it , and was much mooued the master pacified him with this , if god would haue had me eate honie , either thou shouldest haue taken the honie , or hee would haue changed the poyson into honie . who would euer haue kept companie with the iesuite barcena , after he ha● told him , as ●e told another iesuite , that when the diuell appeard to him one night , out of his profound humilitie , hee rose to meete him , and prayd him to sit in his chaire , because he was more worthy to sit there then he ? who would wish father peter aliue againe , since being dead , he is so afraid of disquieting his fellowes , that he will giue ouer doing of miracles , for their ease ? or who would not wish them all dead , who possessing and filling all good places in their life , will bee content to giue some roome after their death ; as friar raynold , who hauing beene three yeres dead , when another holy man was brought to be buried in the same vault , rose vp and went to the wall , and stood vpright there , that the other might haue roome enough . this is that obedience by which they say , if a man were dignified so much as to talke with angels , if his superiour call'd him , he must come away ; yea , one of them being in discourse with our lady , when an inferiour friar call'd him , vnmannerly quitted her . and of this obedience is ignatius himselfe especially caref●ll , least ( sayes he ) that famous simplicitie of blind obedience should decay . but this obedience , and all other , are subordinate to that naturall obedience to your prince , as soueraigne controller of all : for in all obligations the authoritie of the superiour is euer excepted . and this obedience must not be so blind , but that it may both looke vpward , what god , in his lieuetenant appoints to bee done , and also round about to see , wherein they may relieue others , and receiue from them . they may be circumspect , though they must not be curious . for abbayes , at first institution , were not all chappels but schooles of sciences , and shops of manufactures . now they are come to that , that they cannot worke , quia officia longa . they haue indeede so many offices , and so many officers , that they neede not worke . but this strict obedience was impos'd vpon them then , because they were great confluences of men of diuers nations , dispositions , breedings , ages , and employments , and they could be tied together in no kno● so strongly , nor meete in any one center so concurrently , and vniformely , as in the obedience to one superiour ; and what this obedience was , and how farre it extended : aquinas , who vnderstood it well , hath well express'd , that they are bound to obey only in those things which may belong to their regular conuersation . and this vse and office , that obedience which is exhibited in our colledges , fulfils and ●atisfies , without any of these vnnatural , childish , stupid , mimique , often scandalous , and sometimes rebell●ous singul●rities . any resolution which is but new borne in vs , must bee abandon'd and forsaken , when that obedience which is borne with vs , is requir'd at our hands . in expressing of which trueth , saint bernard goes so exceeding farre , as to say , that christ gaue ouer his purpose of preaching , at the increpation , mulieris vnius , & fabri pauperis : and because his mother chid him , when shee found him in the temple , from twelue yeeres to thirtie , we find not , sayes hee , that hee taught or wrought any thing , though this abstinence were contrarie to his determination . so earnest is that deuoute father , to illustrate our blessed sauiours obedience , to a iurisdicton which was naturally superiour to him . and therefore this submission , by our owne election , to another superiour , cannot derogate from the prince , nor infirme his title to our alleageance or obedience . another obedience derogatorie to princes , they haue imagined , connaturall , and congenite with our christianitie , as this is with our humanitie , and conducing to our wel-being , and ou● euerlastingnesse , as this doeth to our being and temporall tranquilitie ; which is , an obedience to the romane church , and to him , who must bee esteem'd certainely the head thereof , a though sometimes he be no member thereof . certainely the inestimable benefits which wee receiue from the church , who feedes vs with the word and sacraments , deserues from vs an humble acknowledgement , and obedient confidence in her : yea , it is spirituall treason , not to obey her . and as in temporall monarchies , the light of nature instructs euery man generally , what is treason , that is , what violates or wounds or impeaches the maiestie of the state , and yet he submits himselfe willingly to the declaration and constitutions , by which somethings are made to his vnderstanding treason , which by the generall light he apprehended not to be so dangerous before ; so in this case of spirituall treason , which is heresie , or schisme , though originarily , and fundamentally , the scriptures of god informe vs , what our subiection to the church ought to be , yet we are also willing to submit our selues to the lawes and decrees of the catholique church her selfe , what obedience is due to her . he therefore that can produce out of eyther of these authentique sorts of records , scripture , or church , that is , text or glosse , any law , by which it is made either high treason , heresie , not to beleeue , that in my baptisme i haue implied a confession , that the bishop of rome is so monarch of the church , that he may depose princes ; or petit treason , that is schisme , to adhere to my naturall soueraigne against a bull of that bishop , shall drawe me into his mercy , and i will aske pardon , where none is graunted , at the inquisition . else it is most reasonable ( and that is euer most religious ) to relie vpon this , that obedience to princes is taught by nature , and affirm'd and illustrated by scriptures . if the question be , how much this obedience must be , i must say , all , till it be proued , either that peaceable and religious being be not all the ends , for which we are placed in this world , or that the authority of kings , exercised by the kings of israell and the christian emperours , is not enough to performe these endes . for , to say that a king cannot prouide for meanes of saluation of soules , because he cannot preach , nor administer the sacraments , hath as much weakenesse , as to say , hee cannot prouide for the health of a city , because he cannot giue physicke . till then , i shal be deterr'd from declining to this second obedience , by the contemplation of many inconueniencies , and impieties resulting from thence ; first , by the vastnes of that iurisdiction : for since they haue taught vs to say so , we may say , dominus non esset discretus , vt cum reuerentia eius loquar , if he had laid the cure of the whole church and the iudgement of all matters emergent , of fact and faith , vpon one man ; which he hath done , if pesantius say true , that the pope is , iure diuino , directly lord of all the world : which booke is dedicated to the present pope , who by allowing it may iustly be thought to fauour that opinion . how much it is , that they would entitle him to , appeares by their expunction of a sentence in roselli a catholique , though a lawyer , that it is hereticall to say , that the vniuersall temporall administration is , or may be in the pope : vpon which booke mine eye fals often , because you haue beene so lauish and prodigall in those expunctions , that a man might well make a good catechisme , and an orthodox institution of religion , out of those places , which you haue cast away . and by this one place we see what you would haue , for if the vniuersall administration of temporall matters be in the pope , what neede is there of kings ? you would soone forget kings , or remember them to their ruine ; and looke that kings should do to you , as condemned men are said to haue done to the kings of persia , to thanke them that they were pleased to remember them . and azorius will not pardon their modesty , that say , that the pope in dealing with temporall matter● vses but a spirituall power ( though this in effect worke as dangerously ) but he vseth ( saies he ) absolutely and simply a temporall iurisdiction . and what can impeach this vniuersall iurisdiction , since al matter and subiect of iurisdiction , that is , all men , may by their rules be vnder him , by another way , that is , by entring into religion : for first , tannerus the iesuit saies , if princes had their authority immediately from god , yet the pope might restraine that authority of theirs , that it should fall onely vpon lay-men : for , saies another , he may take from the emperour , all his iurisdiction , therefore any part thereof . and as many as will ( saies bellarmine ) may without the consent of their prince , yea though he resist it , thus deuest their allegeance , as they might resist their parents if they should hynder them . and in contemplation of this vniuersall iurisdiction , which might be , if it be not , in the pope ; the iesuite whom we first named , breakes out into this , congratulation : if at this instant all the princes and all their subiects , would enter into religion , and transferre all that they had into the church , would it not bee a most acceptable spectacle to god , and angels , and men ? or ( as he saies before ) if their estates were so transferr'd to the church , though not their persons , could not ecclesiastique princes rule and gouerne all these lay men , as well as they doe some others already ? but because , as hee doubts in that place , hoc in aeternum nunquam fiet , that all laymen will come vnder them , they haue prouided that all clergie men which be vnder them , shall be safe enough , as welll by way of counsell ( for so mariana modefies his doctrine , that the prince should not execute any clergy man , though hee deserue it ) as by positiue way of aphorismes , as emanuel sâ doth , that they are not subiects , nor can doe treason : and by way of fact , and publique troubling the peace of al christendome , as appeared by their late attempt vppon venice for this exemption . and as the immensnesse of this power auerts me from beleeuing it to bee iust , so doeth this also decline me , that they will not bee brought to tell vs , how he hath it , nor how hee got it . for as yet they doe but stammer , and the word stickes in their iawes , and wee know not whether , when it comes , it wil be directly , or indirectly . and they are as yet but surueying their euidence ; they haue ioyn'd no issue ; nor know we whether they will pleade diuine law , that is , places of scripture , or sub diuine law , which is interpretation of fathers , or super diuine law , which is decretals of popes . but kings insist confidently , and openly , and constantly vpon the law of nature , and of nations , & of god , by all which they are appointed what to do , and enabled to do it , lastly , this infames and makes this iurisdiction suspicious to me , to obserue what vse in their doctrine and practise they make of this power . for when they haue proceeded to the execution of this temporall power , it hath beene either for their owne reall and direct profit and aduantage , as in their proceeding with the easterne emperours : and drawing the french armies into italy , and promouing and strengthning the change of the family and race of the kings in france , or else the benefit hath come to them by whose aduancement that church growes and encreases , as in the disposing of the kingdome of nauarre ; or at least , the example and terrour thereof magnifies the dignitie , and reputation of that church , and facilitates her other enterprises , for a good time after , as a shippe that hath made good way before a strong winde , and vnder a full sayle , will runne a great while of her selfe , after shee hath stricken saile . vvhen any of these reasons inuite them , how small causes are sufficient to awake and call vp this temporall authoritie ? the cause why childerique was deposed , was not , sayes the canon , for his iniquities ; but because he was inutilis . and this was not , sayes the glosse , because hee was insufficient , for then hee should haue an assistant , and coadiutor ; but because hee was effeminate . so that the pope may depose vpon lesse cause , then hee can giue an assistant . for to bee insuficient for the gouernement , is more directly against the office of a king , then to bee subiect to an infirmitie , which concernes his humanitie , not his office . and when the officers and commissioners of the romane court , come to syndicate kings , they haue already declar'd , what they will call enormities and excesses , by inuoluing almost all faults , whether by committing or omitting in generall words ; as , when he doeth not that for which he is instituted ; when he vseth his prerogatiue without iust cause , when he vexes his subiects ; when he permits priests to kisse his hands ; when he proceeds indiscreetly , and without iust reason ; and lastly , for any such hunting as they will call intemperate . to which purpose they cite against kings generally those canons which limit certaine men , and times , and maners : and which , as the glosse sayes of some of them , are meant de venatione arenaria , when men out of vaine-glorie , or for gaine , fought in the theaters with wild beasts . and least any small errour in a king might escape them , they make account that they haue enwrapp'd and pack'd vp all in this , that it is all one , whether a king bee a tyrant , or a foole , or sacrilegious , or excommunicate , or an hereticke . this obedience therfore which we neither find written in the tables of our hearts , nor in the scriptures , nor in any other such record , as either our aduersary wil be tried by , or can bind vs , must not destroy nor shake that obedience which is naturall and certaine . cyril hath made this sentence his owne , by saying it with such allowance , it is wisely said , that hee is an impious man , which sayes to the king , thou dost vniustly . much more may wee say it of any , that affirmes a king to bee naturally impotent , to doe those things for which he is instituted ; as he is , if he cannot preserue his subiects in peace and religion , which the heathen kings could doe ; whose subiects had a religion , and ministers thereof , who wrought vpon men to incline them to morall goodnesse here , and to the expectation of future blessednesse after death , though not by so cleare nor so direct waies as christian religion doth . the king therefore defends the liberties of the church , as the nature of his office , which he hath acknowledged , and declar'd , and seal'd to his subiects by an oath , binds him to do , if he defend the church of england from foraine vsurpation . and a most learned and equall man hath obserued well , that sides● and since a iesuite hath affoorded vs this confession , that the prince hath this authoritie ouer bishops , that hee may call them as peeres of ●is realme , and since their clementines , or the glosser , yeeldes to vs , that a church prelate may bee a traytor , because hee holdes some temporalities : how can they escape from being ●ubiect in all other cases ; since their naturall and n●tiue obedience is of a stronger obligation , then the accepting or possessing of these temporalities : for , if ●ure diuino , the character of order , did obliterate and wash out the character of ciuill obedience , and subiection , the conferring of any temporall dignity or possession , could not restore it ; for vnder color of a benefit , it should endammage and diminish them , when a little temporall honour or profit shall draw their spirituall estate and person to secular ●u●i●d●ction : ●or , as azorius will proue to vs , the king may call a bishoppe as a baron to the parliament , and as the canonist will prooue to vs , he may call him to the barre as a traytor . to recollect therefore now , and to determine & end this point , the title which the prince hath to vs by generation , and which the church hath by regeneration , is all one now . for we a●e not onely subiects to a prin●e , but christian subiects to a christian prince , and members as well of the church as of the common-wealth , in which the church is . and as by being borne in his dominions , and of parents in his alleageance , we haue by birth-right interest in his lawes and protection : so by the couenant of almighty god to the faithful and their seede , by being born of christian parents , we haue title to the sacraments ; which the king ( to whom , as all the kingdome is his house , so al the clergy are chaplaines ) ta●es care , that they duly administer to vs which are his sonnes , and ●eruants . nor dooth the king and the church direct vs to diuers ends , one to tranquility , the other to saluation , but both concurre in both : for wee cannot ordinarily be saued ( which seemes to be the function of the clergy ) without the exercise of morall vertue here in this life , nor can christians do those morall vertues ( which seeme to bee the princes businesse ) without faith , and keeping the right way to saluation , because a christian must doe them christianly . for though theologall vertues , faith , hope , and charity , are infus'd from god , yet all religious worshippe of god is morall vertue . as therefore the office of all heathen princes , was to conserue their subiects in the practise of morall vertue , so farre as it was reuealed to their vnderstanding ; so is it now the office of christian princes to doe the same . for god hath now so farre enlightned vs to the vnderstanding of morall vertue , that we see thereby , that after god hath infused faith , wee make sure our saluation , by a morall obedience to the kings gouernement , and to their ministery whō his prouidence appoints ouer vs for our instruction . so that christiā subiects need no higher power then kings are naturally indued and qualified withall , to direct them to saluation ; but● because morall vertue is now extended , not in it selfe , but ●o our vnderstanding● or pe●chance perfited ( for the fathers denie often , that the philosophers had any true morall vertues ) christian kings must now prouide lawes , which may reach as far in their d●rection , as morall vertue reaches now ; and ministers , that may teach vs how farr that is , and to conserue vs in the obseruation therof : for as , when all things are in such sort wel composed and establ●shed , and euery subordinate wheele set in good order , we are guilty of our owne damnation , if wee obey not the minister , and the minister is guilty of it , if hee neglect to instruct vs , so is the prince guilty of our spirituall ruine , and eternall perishing , if hee doe not both prouide able men to giue vs spirituall foode , and punish both their negligence and our transgressions : so that hee is to account to god for our soules , and therefo●e must haue naturall meanes to discharge that duety well , or else could not be subiect to such a reckoning for his transgressions therein . the last obedience which i intimated , as preiudiciall to this of kings , is that which the iesuites vowe to the pope ; which is not the same blind obedience , which i spoke of before for the iesuits sweare that also to their superiours , before they come to the perfection of this : but , as that is blinde out of darkenesse , so this is blinde out of dazeling . for they must be instruments in matters of state , and disposing kingdomes . when some priests in england were examined , what they would thinke of the oath of alleageance , if the pope should pronounce that it were to be held de fide , that hee might depose princes , they desired to be spared , because they could not pronounce de futuris contingentibus . but these votaries , the iesuites are not so scrupulous ; they can resolue to execute whatsoeuer he shall commaund : perchance they thinke the pope so much god , ( for iesuites must exceede in euerything ) that in him , as in god , there can bee no contingency . and therefore vowing their trauell and labour , to the corrupting and aliening of subiects , to the combustion or translation of kingdomes , to the auiling and eradication of princes , they do not vow de futuris contingentibus , but of things euer constantly resolued in the decree , and counsell , and purpose of the bishop of rome . though therefore mat. tortus : be no iesuite himselfe , yet in respect of his master , who was one , i wonder he durst say , that the iesuites made no other vow of obedience to the pope , then other religious orders did ; which is such an excuse in their behalf , as no accusation could offend them so much ; since their ambition is to serue the pope by a neerer obligation then the rest : which appeares euidently enough , in the bul of paul the third , where this fourth vow is repeated . and is it not a stange precipitation to vow their helpe to all his errours ? of which they confesse he may commit many in matter of fact , by mis-information . so that they sweare to execute that , which they are not bound to beleeue to be well commaunded : yea they are not bound to beleeue , that he which commaunds them , is that person whose commaundements by their vow they a●e bound to doe , and yet they must do them . for though they bee bound to obey the pope , yet they are bound to beleeue that paul the fift is pope : because those elections haue many vitiating circum●tances , which annuls them . for if they could be certaine , that the election were free from all other corruptions , yet that decretall in the septimes , of simoniacall election , must of necessitie keepe all indifferent men in continuall anxietie and perplexitie . for , if any thing by any cardinall , were giuen , or promis'd before , though the election be by way of assumtion and adoration , when all concurre in it , which they call , viam spiritus sancti , and therefore not subiect to errour , yet there is a nullitie in this election , and the holy ghosts confirmation workes nothing vpon it , and the person elected , hath neither spirituall nor temporall iurisdiction , but looses all the dignities which he had before , and becomes incapable euer after ; and no subsequent act● of inthroning , oathes of obedience by the cardinalls , nor possession , though of long time , can make it good : and euen those cardinals , which were parties to the simony , may at any time after , depart frō his obedience , & all the rest of the cardinals , which do not , forfeit their dignities . it is scarce possible to bee hoped , that in elections there should be no degrees of that corruption , which this decree labors to preclude , & which , it takes knowledg , to be so clandestine , and secretly caried , that comming to the point of annulling all those promises which were so made● your law expresses it thus , cum quauis inexcogitabili solennitate & formà iurata . and if euer it should breake forth , that any such thing were committed at paul the fift his election , then hee was neuer pope : which , though perc●ance it will not make voide all his acts , for some ciuill and conuenient reasons , doth yet show the iniustice , and indiscretion of such a vowe , as binds the votarie to doe some acts , which were not lawfull for him to doe , except an assured authoritie of the commander did warrant it . and if that measure which aquinas gaue before of blind obedience , must also serue in this , which is ; that they must obey in all things , which belong to their regular conuersations , that is , in all things to which their rule , and vowe obliges them , then as no sea can wall any kingdome against their entrance : so no watchfulnesse can arme any brest against their violence , since the increasing of that monarchie which they must aduance , growes from the decay of others . but i forbeare exasperation ; and will here ende this chapter ; by which , i hope , it appeares , that no latter band of obedience , can slacken this first , which was borne with vs. for , though amongst lawyers , to commit my selfe or my cause , a liberae voluntati hominis , or to bee vsed by him , b. prout voluerit , amount ve●y farre , and create a large power in him , yet th●y conclude , that , c in nullo arbitrio , how large so euer , any thing is included which was formerly prohibited . and of these three obediences which we haue handled , though all the three essentiall proper●ies o● all oathes and vowes be wanting in them all , yet the blinde obedience to your spirituall superiour , doth especially want discretion , and the implicite obedience , imagin'd to bee vowed to the church in baptisme , doeth lacke trueth , and that seditious and seruile obedience vowed by the iesuites to your popes wil , doeth want iustice. chap. vii . that if the meere execution of the function of priests in this kingdome , and of giuing to the catholickes in this land , spirituall sustentation , did assure their consciences , that to die for that , were martyrdome ; yet the refusall of the oath of alleageance doeth corrupt and vitiate the integritie of the whole act , and dispoyle them of their former interest and title to martyrdome . we speake of martyrdome now , in the proper and restrain'd sense and acceptation , that is , of consummate martyrdome , and so , as aquinas takes it , when he sayes , mors est de ratione martyrij . i know the primitiue church denied it not to them , whom the lat●er church hath call'd confessors ; so a ignatius writes himselfe martyr ; and so doeth b saint paul say , that hee dies daily . and sometimes , when the church enioyed her ease , and was pamper'd with securitie and rest , to excite men to a publicke confession of their faith , if there arose any case wherein it was needfull , the ministers of that church , which was euer apter and forwarde● to suffer martyrdome , when any long persecution had accustom'd her to the expectation and patience and glorie thereof , then in the times of dull abundance and tranquilitie , would affoord the title of martyrs , to any persons who suffred any persecution for the testimonie of christ , though they died not : as the church celebrates the martyrdome of pope marcellus , vvho died in prison . so also sometimes their indulgence alovved that name , for some abstinencies and forbearings , if they conduced to the depressing of idolatrie . for so saint chrisostome sayes , if thou refuse to be cured by magique , and die of that sickenes , thou art a martyr deuotion is apt to ouerualew other mens actions ; and bellarmine confesses out of sulpitius , that the people did long time deuoutely celebrate one for a martyr , who after appear'd , and told them that he was damn'd . so also were those men inclin'd , whom alexander the third reprehendes , for giuing the honour of a martyr to one that died drunke . so doeth another iesuite prooue hyrcanus to bee an hereticke , whom albertus magnus hath put into his litany , and so drawne into continuall inuocation euer since . and when gregory the thirteenth made commissioners to suruay the martyrologe , they found the histories of pope felix the second , so various and repugnant , that they were determined to expunge his name , but that opportunely there was a marble coffin found , with such an inscription as alterd them , and relieued the popes fame . and one principall inducement to the pope , to come to these solemne canonizations , is , because before the people did often mistake . and this medicine , as it was very late applied ( for bellarmine cannot finde , that the popes canonizd any in eight hundred yeares after christ : ) so neither hath it , nor can it naturally extinguish the disease . the most that it can worke , is an assurance , that they which are publiquely canonized are true saints : for bellarmine saies , that it is the opinion of heretiques , that the pope can erre in such canonizations : and yet , to proue it , he argues but thus : if we beleeue that there was such a man as caesar , why should we not beleeue that which god testifies by miracles ? but how shall wee beleeue that these miracles are from god , or that he doth them in testimony of that mans sanctity ? for that miracles are done , is not enough to constitute a saint , for wicked men may doe them , say your authors : and in this case they can proceede no farther , then to an historicall beleefe , that miracles are done . and i had thought that bellarmine had required a better faith at our h●nds , then historicall , and such as assures vs , that caesar was , to ground inuocation of saints , and to constitute an heresie . and though not in bellarmine , yet in the pope himselfe , there appeare some scruples of diffidence , and frailty , and fallibility in this acte of canonizing , because , after all his seuerall inquisitions and searches which depend vpon matter of fact , and after his diuers iteration of prayers , that hee may not erre , and that hee may not be permitted to erre , hee makes at last a publique protestation , that he intends not by that act , to do any thing against faith. but if this can be certaine , that those , and none but those , which are so canonized , may be publiquely honoured as saints , yet that disease , of which we spoke before , is not cured hereby . for it is still lawfull priuately to worshippe any , of whose sanctity i haue an opinion . nor is this priuate worship , so priuate in bellarmines account , that it may not bee exhibited before others ; but onely so priuate as it may not be done , in the name of the church , and as though it were instituted by the church . so that whole multitudes , and congregations may erre still : and this , by the authority of the canon it selfe . for thus bellarmine reasons , with more detortion and weakenesse then becomes the cause or his grauity : in the two canons , saies he , audiuimus , and cum ex eo , the pope forbiddes publique worshippe ; and therefore , a contrario , permits priuate . if then , that worshippe which in those two canons he forbiddes to be publiquely exhibited , may priuately be giuen , and this priuatenesse exclude not whole congregations , then whole congregations may lawfully worshippe as a saint , a man slaine in drunkennesse , which is the case of the first canon , and lawfully worshippe venall and vncertaine reliques , which is in the second canon ; since the forbidding of this in publique , hath permitted it in this large and open priuate , by bellarmines●ashion ●ashion of arguing ; who saies also ●or this , that the doctors doe commonly affirme it . and whatsoeuer is said heere of saints , holdes as well in martyres , for with the same faith , that i beleeue a man to be a martyre , i beleeue him to be a saint : and so , it seemes , doth that catholique priest , who hath lately published a history of english martyres : for that which in the title he calls martyrologe , in his aduertisement he calles sanctiloge . and therefore it becomes both our religion and discretion , to consider thoroughly the circumstances of their history , whom we admit to the honour of martyrdome . all titles to martyrdome seeme to me to be grounded vpon one of these three pretences , and claymes . the first is , to seale with our bloode the profession of some morall truth , which though it be not directly of the body of the christian faith , nor expressed in the articles thereof , yet it is some of those workes , which a christian man is bound to doe . the second is , to haue maintained with losse of life , the integrity of the christian faith , and not to suffer any part thereof to perish or corrupt . the third is , to endeuour by the same meanes to preserue the liberties and immunities of the church . by the first way they entitle s. iohn baptist because he died for reprehending a fault against a morall truth : and that truth being resisted , the authour of truth is despised : and therefore all truth is not matter conuenient for the exercise of this vertue , as the conclusions of artes and sciences , though perfectly and demonstratiuely true , are not ; but it must be such a truth , as is conuersant about christian piety , and by which god may be glorified : which cannot be , except he might be iniured by the denying thereof . so , the euangelist when our sauiour spake of s. peters martyrdome saies , he signified by what death hee should glorifie god : for all martyredome workes to that end . and this first occasion of martyrdome seldome fals out in christian countries , because in christ , the great mirrour of all these truthes , we see them distinctly and euidently . but sometimes with heathen princes , before they arriue to this rich and pregnant knowledge , men which labour their conuersion , begin , or touch by the way , some of these morall dueties ; and if they grow odious , and suffer for that , they are perfect martyrs , dying for a morall trueth , and in the way to christ. by the second claime , which is the integritie of catholicke religion , the professors of any christian church , will make a specious , and apparant title , if they suffer persecution in any other christian church . for the church of rome will call the whole totall body and bulke of the points of their profession , integritie of religion , and the reformed churches call , soundnesse , puritie , and incorruptnesse , integritie . the roman thinkes integritie hurt by nothing but maimes , and we , by diseases . and one will prooue by his death , that too little is professed , and the other , that too much . but this aduantage we haue , that by confession of our aduersaries , all that wee affirme , is true , and necessarie : and vpon good ground we assure our selues , that nothing else is so , and we thinke that , a propensenesse to die , for profession of those points , which are not necessarie , will not constitute a martyrdome , in such a person especially as is of necessarie vse . amongst other things which our blessed sauiour warnes his followers , this is one , that none of them suffer as a busie body in other mens matters , but if he suffer as a christian , let him not be ashamed , but glorifie god. and in another place , hee cals them blessed : if others say all maner of euill of them , falsely , and for his sake . so that the prohibition forbids vs , to suffer for those things which doe not certainely appertaine to vs ; and the instruction ties the reward to these conditions , that the imputations be false , that they be imputed for christs sake , that is , to dishonour him , and that we suffer because we are christians . since therefore some of you , at your executions , and in other conferences , haue added this to your comfo●t , and glory of martyrdome , that because the kings mercie hath beene offred you , if you would take the oath , therefore you died for refusing the same , ( though your assertion cannot lay that vpon the state , who hath two discharges ; one , that you were condemn'd for other treasons , before that off●r ; the other , that the oath hath no such capitall clause in it ) yet since , as i said , you take it vpon your consciences to bee so ; let vs examine , whether your refusall of the oath , bee a iust cause to die , vpon this point of integritie of faith , by that measure which our sauiour gaue in his prohibition , and in his instruction . is it then any of your matters , or doeth it belong to you , by your doctrine , and by your example , in refusing the oath , to determine against princes titles , or subiects alleageance ? if this be any of your matters , then you are not sent onely to doe priestly functions ; and if it be not , then you suffer as busie bodies in other mens matters , if you suffer for the oath . and then , what is imputed to you , which is false ( which is another condition required by christ ) if you be called traytors then , when after apparant transgressing of such lawes as make you traytors , you confirme to vs a perseuerance in that trayterous disposition , by refusing to sweare temporall alleageance ? wherein are you lesse subiect to that name , then those priestes which were in actuall plots , since mentall treason denominates a man as well as mentall heresie ? you neither can nor will condemne any thing in them , but that they did their treason , before any resolution of the church : and haue you any resolution of the church , for this , that the king may be deposed , when he is excommunicated ? if you haue , you are in a better forwardnesse then they , and you may vndertake any thing , as soone as you will , that is , as soone as you can . for you haue as good opinions already , and as strong authorities , that a king of another religion then romane , is in the state of an excommunicate person , before sentence , as you haue for this , that an excommunicate king may be deposed ; and would you thinke it a iust cause of martyrdome , to auerre , that the king is already vnder excommunication ? and ( to proceede farther in christs instruction ) are these things said of you for christs sake ? are you ( if you be called traytors for refusing the oath ) reproued for anie part of his commandements ? if it were for exercising your priestlie functions , you might haue some colour , since all your catholique religion , must bee the onely christian religion . but can that state which labours watchfullie and zealouslie for the promouing of christs glorie in all other things , bee saide to oppose christ , or persecute him in his members , for imputing trayterous inclinations to them , who abhorre to confirme their alleageance by a iust oath ? lastly , can you say , you suffer as christians , that is ( as christ there intended ) for christian faith , which is principally the matter of martyrdome ? aquinas cites this , out of maximus , the catholique faith is the mother of martyrdome . and he explicates it thus , that though martyrdome be an act of fortitude , and not of faith , yet as a ciuill man will be valiant to defend iustice , as the obiect of his valour , so doth a martyr , faith . if then to refuse this oath , be an obiect for a martyrs fortitude , it must be because it opposes some point of faith , and faith is that , which hath beene beleeued euer , and euery where ; and how can that be so matter of faith , which is vnder disputation , and perplexitie with them , and the contrarie whereof we make account , that we see by the light of nature and scriptures , and all meanes conducing to a diuine and morall certitude ? leo the first , in an epistle to the emperour , by telling what hath beene , informes ●ummarilie and soundly , what should be a iust cause of martyrdome . none of the martyrs , saies he , had any other cause of their suffering , but the confession of the true diuinitie , and true humanitie in christ. and this was then the integritie of faith , in both acceptations ; all , and sound . which is neither impaired in the extent , nor co●rupted in the puritie , by any thing proposed in the oath . but as chrysostome expounding that place of ieremie , domus dei facta est spelunca hyaenae , applies it to the priests of the iewes , as hardest of all , to be conuerted , so may we apply it to the priests of the romanes , who abhor the oath , and deter their schollers . for , the hyena , saies chrysostome , hath but one backe bone , and cannot turne except it turne all at once . so haue these men , one back bone , the church ; ( for so saies bellarmine , if we were a greed of that , we should soone be at an end : ) and this church is the pope ; and they cannot turne , but all at once , when he turnes ; and this is the integritie of the faith they talke of . and , as that father , addes of the hyena , delectantur cadaueribus ; they are delighted with impious prouocations to the effusion of bloud , by suggesting a false and imaginarie martyrdome . the third and last iust ground of martyrdome , of those which we mentioned , is ecclesiastique immunitie , which is of two sorts ; one inhaerent , and natiue , and connaturall to the church , and the other , accessory , and such , as for t●e furtherance and aduancement of the worship of god , christian princes , in performing a religious dutie , haue afforded and established . of the first sort are , preaching the word , administring the sacraments , and applying the medicinall censures . and if any , to whose charge god hath committed these , by an ordinarie calling , loose his life in the execution thereof , with relation to the cause , we may iustly esteeme him a martyr . and so in the second kinde , if onely for a pious and dutifull admonition to the prince , to continue those liberties to the church , without which she cannot wel doe her offices , hee should incurre a deadly displeasu●e , he were also a martyr . and if the romane priests could transferre vpon themselues this title to martyrdome , due to defenders of either of these immunities , yet by refusall of this oath , which is an implied affirming of some doct●ine contrarie to it , they forfait that interest by ob●ruding , as matter of ch●istian faith , that which is not so : for baronius himselfe ( as once before wee had occasion to say ) distinguishes the defence of the liberties of the church , from the catholique faith ; and yet he and many others , makes the defence of these immunities the obiect of martyrdome : so various and vncertaine is the doctrine of defending those priuiledges , whose ground and foundation they cannot agree vpon . and as all right to the crowne of martyredome , growing from any of these three titles , perishes by their refusal , for the reasons before expressed : so doth it also vpon this ground , that hee which refuses to defend his life by a lawfull acte , and entertaines not those ouertures of escape , which god presents him , destroies himselfe , especially if his life might be of vse and aduantage to others . for when the prison was opened to paul and silas , the learned expositors excuse his stay there , by no other way , then that it appeares , that he had a reuelation of gods purpose , that he should conuert the keeper ; for otherwise not to haue hastened his escape , had beene to abuse gods mercie by not vsing it . those lawes from which these conclusions are deduced , that if a man receiue a corporall iniurie , and remit the offence , yet the state may pursue it against the trespasser , because no man is lord of himselfe : and that a couenant from a man , that if you finde him in your ground you may beate him , is voide vpon the same reason , intimate thus much to this purpose , that no man by lawe of nature may deliuer himselfe into a danger which he might auoide . how many actes of good and meritorious nature , if they had all due circumstances , haue beene vitiated by indiscretion , and changed from nourishment to poison ? of which cassianus hath am●ss'd many vsefull examples , and made all his second collation of them . of which i will remember one h●pning about his own time . herō which had liued fiftie yeares austerely in a desart , trusting indiscreetely an illusion of an euill spirit , threw himselfe downe into a well ; and when he was taken out , and in such torment with those bruses , as killed him within three daies , yet he beleeued that he had done well , though the rest beleeued him to be as cassianus saies , biothanatum , a sel●e-murderer . how deeply , and how irremediably doth this indiscretion possesse many others , whom themselues only , and a few illuders of their weaknesses , esteeme to be martyres , for prouoking the execution of iust lawes against them ? for what greater indiscretion can there be , or what more treacherous betraying of hims●lfe , then to die in despite of such a princes mercie , as at once directs him to vnderstand his duety to himselfe , and to his prince : and shewes him , that his owne preseruation is a naturall duety ; and that hee may not neglect it in any cause , but where it appeares euidently , catholiquely , and indisputably ( amongst them to whose instruct●on he ought to submitte himselfe ) that god may bee glorified in it ; and that his obedience to the king was borne in him , and therfore was once , without all question , due , & could not be taken away , without his consent , who is damnified by the losse of a subiect ; at least by such a li●igious authoritie , as is yet in disputation , what it is , whence it comes , and how it resides in him , and how it is executed . for as a man may be felo de se , by destroying himselfe by our law ; and fur de se , by departing , and stealing himselfe away , from him to whō his seruice is due , by imperial law : so he may be proditor de se , by the law of nature , if hee descend from the dignitie of humanitie , & submit himselfe to an vsurpation , which he ought to resist , which is ; all violence and danger which hee might auoide . and since , if the king would pardon him , vpon doing of any act , which depended vpon his owne will , he were guiltie of his death , if hee refused it , he is so also in this case , since he can propose to himselfe no such restraint as binds his wil ; for scruples , and things in opinion and disputation , do not binde in this c●se ; of which we shall haue proper occasion to speake in the next chapter . let vs then proceede further , to that which giues the forme , and measure , and merit , euen to martyrdome it-selfe , which is charitie . and this is not meant onely of charitie , as it is a theologall vertue , and vnites vs in an earnest loue to god , which is , charitas patriae , but also as from that fountaine is deriued vpon all his creatures , which is charitas viae : for so saint iohn sayes , of this charitable act of which wee speake , greater loue then this no man hath , when hee bestoweth his life for his friend : which also appeares out of that history recorded of nicephorus : a who being brought to the place where he was to receiue the crowne of martyrdome , and seeing sapri●ius , betweene whome and him , there had before some bitternesses and enmitie broke foorth , fall downe before him , and begge a pardon and reconcilement , was so much elated with this glory of martyrdom , that vncharitably he disdain'd to admit any reconciliation . in punishment of which vncharitablenesse , he lost his whole hope and victorie : for the spirit of god forsooke him , and he apostated from his faith : so that charitie is iustly esteem'd the forme of martyrdome . and is there any charitie in this doctrine , or in this act of refusall ? is there any to your self ? ( for , at least in spiritualibus , charitie begins at home ) when at once you diuorce that body which your parents prepar'd , from that soule which god infused and married to it : and so lea●e , not onely to be men , and to be subiects , but to be priests , and benefactors to that cause , which you hinder by this pretence of louing it . how much opportunitie of merit , euen in aduancing the catholique cause , which to you is so certaine , doe you loose , by exposing your selfe to certaine ruine , vpon vncertaine foundations ? is there any charitie to the church , or partie , or faction , which you haue in this kingdom ? towards whom the king brought with him so much tendernesse , that hee cast in a dead sleepe all bloudy lawes , and in a slumber all pecuniarie lawes which might offend , & aggrieue them . is it charitably done towards them , that by your vnnecessarie act , their peace be interrupted , his maiesties sweetnesse distasted , his softnesse indured , and those faire impressions which hee had admitted , that ciuill obed●ence might consist with your religion , defaced and obliterated ? and that to all these should succeede , iealousies in him , imputations vpon them , and dutifull solicitations from his parliament , & co●nsaile , and subiects of all rankes , to awaken his lawes against these suspitious men ? was it charitably done of that priest , who apprehending a generall inclination of taking the oath , aduanced it so farre , as to make a declaration that it was lawfull , and neuer re●ract●ng that opinion , yet would die in the ●efusall the●eof , because it seemed not expedient to him , to take it then ; and so to cast snares and tortures vpon thei● consciences , who were before in possessiō of a peaceable , & ( by his own testimony ) a iust ●esolu●ion ? when s. paul vses that phrase , he expounds the word expedient , by profitable and by edifying : and hath the example of his death profited and edified that church as much , as the perplexities certainely growne in catholique consciences thereby , and those exasperations , and bitternesses occasioned , by all probabilitie in the state , by that peruerse and peeuish behauiour , may shake and tempest it ? i doe not thinke that they would haue denied him to haue beene a martyr , if he had beene executed vpon the statute against priests , though he had before taken the oath . if therefore the taking of the oath cannot vitiate and annull martyrdome , the ●efusing it cannot const●tute martyrdome . and if you will make the difference on●ly by reason of the popes breue , which perchance came betweene his first resolution , and his last , then you reduce your martyrdome to a more slipperie and more dangerous ●istresse then before : for as before you quitted all your benefite and interest to martyrdome , for hauing exercised priestly functions , and procla●med and solaced your selfe wi●h this , that you dyed for refusing the oath ; so now you wa●ne ●hat , and sticke to a worse title , which is , obedience to an ●ncertaine and suspicious breue ; for , for your first ti●le , which is preaching of the catholique faith , you haue the intire and vnamine consent and concurrence of the whole christian church ; which alwaies confesses , that the profession of the catholique faith , is , a true and iust cause of martyrdome ; though she doe not confesse , that that which you teach , is that cathol●que faith , but for that title you had also the consonance and agreement of all the romane church . and for your second claim , which is , the defence of the popes temporall iurisdiction , by refusing this oath , you had some voices of great authority in that church , to encourage you , though farr too weak , either to blot out a naturall truth , or to make an indifferent , or perplex'd point so necessary to you , as to dy for it . but for this third title to martyrdome , which arises frō obedience to the breues , which are matters of fact , & subiect to a thousand infi●mities & nullities , who euer iustly grounded a necessity of dying , vpon thē , or added the comfort of martyrdome to such a precipitatiō ? thus dooth aquinas argue against a farre better title to martyrdome , then this is : though virginity be more pretious then life , yet if a virgine shold be condemned to be deflowred , occasione fidei christianae , because she was a christian , though all those conditions , which we noted in our sauiors prohibition , and instruction , concurred in her case , that she were no busie body in prouoking , that she were persecuted , and that vniustly , and with relation and despite to ch●ist , and so she suffered a● a christian , yet , saies he , this were no martyrdome . yet he assignes not the reason to be , because she died not , but because martyrdome is a testimony , by which it is made euident to all , that the martyres loue christian faith aboue all things , and it cannot appeare by this act of hers , whether she suffer this for the loue of christian faith , or for contempt of chastitie . but in this acte of dying for obedience to the breues , there is by many degrees lesse manifestation , that they die for christian faith , which is not in question ; and there appeare euident impressions of humane respects , which would vitiate a better title to martyrdome , and of such vnnatural dereliction of themselues , as i doe not see how they could escape being selfe-murderers , but that their other ●reasons , and condemnations for them , make their executions iust . and besides that , bellarmine makes this hard shift , and earnest propensenesse to die , no good signe of a good cause , or of a true martyrdome ( for thus he makes his gradations , that the anabaptists are forwardest , and the caluinists next , and the lutherans very slacke : so that he makes the vehemency of the p●ofessors , in this kind , some testimony of the ilnesse of the religion ) we may also obserue , that all circumstances ( except the maine point , with which we intercharge one another , which is here●ie ) by which they labour to deface and infirme the zeale of our side in this point● and to take from them , all comfort of martyrdome , doe appeare in them directly or implicitely , in this denying of ciuill obedience . and because we may boldly trust his malice in gathering them , that he will omit none we will take them as they are obiected against vs in feuardentius the minorite : a man of such dexterity and happines in conuer●ing to the romane faith , that all turquy and the indies would not bee matter enough for him to worke vpon one yeare , if he should proceed with them in the same pace , as he doth with the minister of geneua : for meeting him once vpon a time by chaunce , and falling into talke with him , in the person of a catholique doctor , he dispatches a dialogue of some eight hundred great leaues , and reduces the poore minister , who scarce euer stands him two blows , from one thousand foure hundred heresies : and as though he had but drawne a curtaine , or opened a boxe , and shewed him catholique religion , he leaues him as ●ound , as the councell of trent . first therefore in this matter of martyrdome , he takes a promise of the minister , that he will be dilig●nt hereafter , from being amazed at the outward behauiour of men which suffer death . by which d●rection & good counsell , the confident fashion and manner of any iesuite at his execution , shall make no such impression in vs , as to produce argu●ments of his innocency . after this , he saies , that our men are not martyres , because they haue departed from the c●urch , in which they were baptized , and haue not kept their promise made in baptisme● , but are therefore apostats and antichrists . another reason he assignes against them , because they haue beene put to death for conspiracies , rebellions , tumults , and ciuill warres against lawfull princes , and that therefore they haue beene proceeded against in ordinary forme of iustice , as traytors . and againe , hee saies , they haue beene iustly executed for making , and diuulging libells against princes . and for acts against a canon of the eliberitane councell , of which i spoke before . and lastly , this despoiles vs of the benefite of martyrdome in his account , because we offer our selues to dangers , and punish●ents , seeking for honour out of misery , and blowen vp with ambition and greedinesse of vaine glorie . thus farre feuardentius charges vs. and is it not your case also , to for●ait your martyrdome vpon the same circumstances ? are not many of youd parted ●ro● your promise in baptisme to our chu●ch ? or did those which vndertooke for you , euer intend this forsaking ? and this act of depar●ing is by feuardentius , made an essentiall circumstance , abstract , and independen● and incohaerent with that of the catholique church , for that is another alone by it selfe . and haue not you beene proceeded with , in ordinarie course of iustice , as traytors , for rebellions , and conspiracies , and tumults ? and after so many protestations so religiously deliue●ed , so vehemently i●erated , so prodigally sealed with bloud , and engaging your martyrdome vpon that iss●e , that you neuer intermedled with matters of state , nor had any other scope or marke of all your desires and ende●ours , but the replan●ation of catholique religion , hath not the recorder and mouth of all the english iesuites , confessed● ( vpon a mistaking , that the euennesse of his maiesties disposition might be shaked by this insinuation , ) a that in the sentence of excommunication against queene elizabeth , the popes relating to a statute in england , respected the actuall right of his maiesties mother , and of him , and proceeded for the remouall of that queene , whom they held an vsurper , in fauour of the true inheritours oppressed by her , not only by spirituall , but temporall armes , also , as against a publique malefactor , and ●ntruder . and hauing thus like an indiscreete aduocate , preuaricated for the pope , doth hee not as much betray all his owne complices , when he addes , this doth greatly iustifie the endeuours and desires of all good catholique people , both at home , and abroad , against her , their principall meaning being euer knowne to haue beene , the deliuerance and preferment of the true heire , most wrongfully kept out , and vniustly persecuted for righteousnes sake . did you intend nothing else , but catholique religion , and yet was the desire , and endeuour of all good catholiq●es at home , and abroade , to remoue her , and plant ano●her , and that by vertue of a statute in england ? did the popes in their bulls , intimate any illegitimation , or vsurpation , or touch vpon any such statute ? or d●d they goe about to aduance the right heire in the spanish ●nuasion ? or was the way of the right heire catholiquely prepared by dolemans booke ? or was the author thereof no good catholicke ? for these conspiracies , and for the same authors monethly libels , which cast foule aspersions vpon the whole cause in defence wherof they are vndertaken , and published , are your pre●ences to martyrdome vniust and inualid , if your feuardentius giues vs good rules . so are they also because you seeke it against the eliberitane councell ; that is , by wayes not found in scriptures , nor practised by the apostles : and last of all , b●cause you see●e it with such intemperate hunger , and vaine-glorie , cultum ex miseria quaerentes ( as your friar accuses our churches ) and hunting and pursuing your owne death ; first , ouer the tops of mountaines , the popes spirituall power , then through thicke and entangling woods , without wayes in or out , that is his temporall power , and then through darke caues and dens of his chamber epistles , his breues , ready , rather then not die , to de●end his personall defects , and humane infirmities . and all these circumstances● are virtually and radically enwrapt in this one refusall of the oath , which therefore alone doeth defeate all your pretence● to martyrdome . and though it may perchance truely bee said by you , that all those persons which the reformed churches haue enregistred in their martyrologies , are not certainely and truely martyrs , by those rules to which we binde the signification of the word in this chapter , and in which you account , all which die by way of iustice , for aduancing the romane doctrine or dignitie , by what seditious way so euer , to be true martyrs , yet none of them hath euer transgressed so fa●re , as your example would warrant them . for , not to speake of baronius his martyrologe , where verie many are enrolled , which liued their naturall time , and without any externall persecu●ion for their faith , and where verie many of the olde testament are recorded , besides those which a●e canonized in the epistle to the hebrewes , and manie which are mentioned in that epistle are left out by him , not onely enoch , noe , and s●ch other as suffered not death in their bod●es , as martyrs , but euen abel whom he might haue beene bolde to call a martyr● to omit him , i say , why doth our countryman amongst you , which hath lately cōpiled an english martyrologe , present a calender● in which of almost whom he names , scarse ● are martyrs ; and of the rest , some were not of our nation , as constantine the emperour , whose fe●stiuall hee appoints ● of may ; and some neuer saw this country , as pope gregory , whom hee celebrates december . and of those which did suffer death the credit and estimation of as many as died , within yeares of gregory the i. is much impaired by one to whom i thinke , hee will subscribe , who sayes , that in that yeares , our nation had no martyrs , that cōmonly are knowne . and those whom hee reckons , must of necessitie be knowne to them , whom that knowledge concernes , as it did parsons , when hee writ that booke , since the knowledge thereof was so obuious & easie , that this author professes , that all their histories are in authors approued or permitted by the s●a apostolique , & that he cites no apocryphall legend , nor fabulous historie , that may be suspected of the least note of falsitie , or errour whatsoeuer . but he which shall suruay his catalogue of authors , will finde it safer not to beleeue him , then to bee bound by him , to beleeue all them to be free from the least note of falsitie of error . for we shall be somwhat hard to beleeue this extreme innocence , and inte●gritie in surius , and in saunders , or in cornelius tacitus . and many of his owne profession will hardly beleeue that gregory , and bede were free from all falsitie or error , and himselfe , i beleeue , would not stand to this , if we should presse him with some places , out of parsiensis , and westmonasteriensis , and walsingham , and polidore virgil : all which haue beene tried in the furnace o● this diuine critique , & are pronounced by him free from the least note of falsitie , or errour whatsoeuer . but if these authors were knowne to parsons , and that hee pronounced truely , that that yeares was without martyrs , then , not onely the abbesse of elies hear●sman , s. alno●h , sla●ne abou● in hatred of christian religion , and celeb●ated febru . but the first christian king of the northumbers , s. edwyn , slaine al●o in hatred of our religion anno . and obserued . octob. with diuers other after that time , must be expunged out of this new martyrologe . so also must that author confesse himselfe to haue been too forward , in canonizing s. hugh for a martyr , whom at yeares of age , the iewes crucified at lincolne , anno . since parsons had told him before , that after becket , which was an. . our church had no more martyrs in yeares . but for all this , it is not your errour , and vicious example which shall excuse vs , if at any time wee haue inserted such , as martyrs , which were not precisely so . for if we haue committed any such slip in storie and matter of fact , there is not that danger in our transgression , which is in you , because you , by giuing them that title , assure the wo●ld of a certaine and infallible present saluation , by vertue of that suffering , and that they haue title thereby to our adoration , and are in present possession of the office of aduocation for vs. out of which confidence , i haue seene at some executions of trayterous priests , some bystanders , le●uing all old saints , pray to him whose body lay there dead ; as if hee had more respect , and better accesse in heauen , because he was a stranger , then those which were familiar , had . chap. viii . that there hath beene as yet no fundamentall and safe ground giuen , vpon which , those which haue the faculties to heare confessions , should informe their owne consciences , or instruct their penitents ; that they are bound to aduenture the heauie and capitall penalties of this lawe , for refusall of this oath . and that if any man haue receiued a scruple against this oath , which he cannot depose and cast off , the rules of their own casuists , as this case stands , incline , and warrant them , to the taking thereof . since by refusall of this oath , which his maiest●e hath rather made an indulgence then a vexation , by withdrawing some clauses of bitternesse , and of strict inquisition into the whole catholicke partie , which the ●resh contemplation of the powder-treason , had iustly vrged the lower-house of parliament to insert therein : and studying to find a way by which he might discharge both dueties to god and his kingdome , would in his princely and pastorall● care , prouide a triall , by which those which were corrupted with the poyson which broke out in those treasons , might be distinguish'd from catholickes of better temper and more due●ifull affections towardes him , and our peace , from which sort of catholickes , after so many prouocations , by persons of the same perswasion in religion , he seem'd loth to withdraw those fauours and graces , which he had euer since his comming expressed towards them . since , i say , by refusall thereof , both the catholickes lay a heauie scandal , and dangerous aspersions vpon the cause , and declare themselues more slauish to the pope , and consequently apter to defection from the prince , then the subiects of forraine states now are , or the subiects of this kingdome were heretofore , and also his maiestie , and all those which affect his safetie , which not only inuolues but procures and causes theirs , may iustly encline at last to thinke , that the very ground , and principles of that religion nourish these rebellious humours , and so finde it necessarie for preseruation of the whole bodie , to apply medicines more corrosiue and sharpe to that member which appeares so corrupt and dangerous , and euerie catholique in particular , to whom this oath is offered , by re●usall ●orfaits his libertie , & by per●inacie therein , incurres other mulcts and penalties , it is therefore the dutie of euerie catholique , out of his religious zeale to the cause , drawne into suspition thereby , and out of his naturall obligation for preseruing his life , fame , and fortune , all which are endangered by this refusall , not to aduenture the losse of th●se , but vpon euidence of much clearenesse , and grounds of strong assuredn●sse , and constancie . and as it is certaine , that at the first promulging of this oath , they had no such ground , nor euidence ( for then , that light must haue beene vpon them all , and so many good and earnest maintain●rs of that religion , would not haue enclined to the oath , if they had had such euidence against it ) so also after some scruples were iniected , and the tendernesse of some consciences vitiated and distracted with some doubts , and that it had beene submitted to disputation , and consulting amongst themselues , and so passed all those furnaces of examination , it was held lawfull , and accordingly many tooke it . so that neither by the euident and vndeniable authoritie of nature , or scripture , nor by deductions and conclusions necessarily deriued and issuing from thence , any conscience had su●ficient assurance , to incurre these dangers . if since , by some arguments of probabilitie , and of conueniencie , or by some propositions propagated & deduced from those first principles o● nature , and scripture , by so many descents and generations , that it is hard to trie whether they doe truly come from that roote , or no , any conscience haue slackned it selfe , and so be straied , and dissolued , and scattered , by this remi●nesse , and vacillation , it ought rather to recollect it selfe , and returne to those first ingraf●ed principles , then in this dissolute and loose distraction , to suffer an anxious perplexitie , or desperately to arrest it selfe vpon that part , which their owne rules giuen to reduce men in such deuiations , and settle them in su●h wauerings , cannot assure him to be well chosen , nor deliuer and extricate him , in those laborinths . for , let the first roote and parent of all propositions in this matter of obedience , be , that which we know by nature , that we must obay such a power , as can preserue vs in peace and religion , and that which wee find in scr●ptures , let euery soule be subiect vnto your higher powers ; and let vs drawe downe a pedigree , and genealogie of reasons and conclusions deriued from this . the eldest , and that to which most reuerence will belong , will be the interpr●tation of the fathers vpon this place , which is ( as your owne men confesse , ) that the apostle speakes rather of regall and secular power , then of that which you call ecclesiasticke . let vs then pursue the line , of which the first end is ; kings must be obeyed . it followes , therfore they must be able to commaund iustly ; therfore they must haue some to enable and instruct them ; therefore they must doe according to their instruction ; therefore if they doe not , they are subiect to their corrections ; therefore if they be incorrigible , they are no longer kings ; and therefore no subiect can sweare perpetuall obedience , to his person , who by his owne fault , and his superiours declaration , may growe to be no king. now , as no man can beleeue the last of these propositions , as roundly and constantly , as the first , because though it seeme to be the childe of the first , yet in it self , or in some of the meane parents by the way , there may be fallacies which may corrupt and abastard it ; so is there no other certaine rule to trie it , but to returne to the first principles , and see if it consist with them . for if it destroy the first , it degenerates and rebels , and we may not adhere to it . and if the first may still consist without it , though this may seeme orderly and naturally deduced from thence , yet it imposes not so much necessity vpon vs , as the first doth ; for that bindes vs peremptorily ; this , as it is circumstanced and conditioned . and though these circumstances giue it all the life it hath , so that to make it obligatory , or not so , depends vpon them , yet it is impossible to discerne those circumstances , or vnentangle our consciences by any of those rules , which their casuists vse to giue , who to stengthen the possession of the romane church , haue bestowed more paines , to reach how strongly a conscience is bound to doe according to a scruple , or a doubt , or an opinion , or an errour , which it hath conceiued , then how it might depose that scruple , or cleare that doubt , or better that opinion , or rectifie that errour . for , that we may at once lay open the infirmity , and insufficiency of their rules , and apply the same to our present purpose ; what vse and profite , can those catholiques , which doubt whether they may take that oath , make of that rule , that they must follow in doubtfull points , that opinion which is most common and generall ? for , though this be vnderstood of the opinion of such men as are intelligent and vnderstanding , and conuersant in the matter in question , yet oftentimes , amongst them , both sides say , this is the common opinion ; and who can iudge it ? yea many circumstances change the common opinion : for ( saies azorius ) it fals out often , that that which was not the common opinion a few yeares since now is ; and that that which is the common opinion of diuines in one countrie , is not so in another ; as in spaine and italy , it is the common opinion , that latreia is due to the crosse , which in france and germany is not so . and nauarrus s●ies , that at rome , no man may say , that the councell is aboue the pope , nor at paris , that the pope is aboue the councell . which deuision also there is amongst them , in a maine point which shakes their doctrine , of the popes being immediately from god , since they cannot agree , whether at the popes death , his power remaine vpon the earth , or flie vp to heauen . he is a catholique , and a temperate discreete authour , which notes , that the writings of catholique men , haue something in them which must be allowed to the times when they writ , which being more diligently examined by them which follow , are found exorbitant from the soundnesse of faith : which hee speakes of those that denie , that the lawes of ciuill magistrates doe bind the conscience . and after , ●peaking against them which thinke , that if we vndergoe the penaltie of ●he law , we do not sinne in the breach therof ( he saies ) it was the opinion of some schoolemen , who thought it a glorious matter , and fit to raise them a name , to leaue the common and beaten wayes ; hauing perchance a delight sawcily to prouoke , tognaw , to calumniate , & to draw into hatred those powers and authorities which made those lawes . and if of late daies , the opinion of refusing the oath , become the more common opinion , it is vpon some of these circumst●nees , that at these times , when catholiques are called to professe ciuill obedience , in this place , where iesuites are in possession of most hearts , to get reputation , or to auile secular magistracy , they haue suddenly made it the more common : for they can raise the exchange in an howre , and aduance and crie downe an opinion at their pleasure . but to determine of mortall sinne ( as the taking of this oath must be , if it be matter enough to aduenture these dangers for it ) the same authour saies well , doth not so much appertaine , ad pulpita canonistarum , as it doth ad cathedras theologorum : and therefore it ought to be tried by the principles of diuinity , not by the circumstanciall ragges of casuists . but , to goe forward with them , if this common opinion were certaine , and if it were possible to discerne it , yet it doth not so binde vs , but that we may depart from it , when another opinion is safer : and from that opinion which is safer , wee may also in many cases depart . for which● those examples , which carbo a good summist alleages , may giue vs satisfaction , which are , if i doubt of my title to land , i am not bound to restore it ( though that were the safest way ) because in doubtfull matters , melior est conditio possidentis . and , but for this helpe , i wonder with what conscience , the catholiques keepe the possession of such landes as belong to the church ; for they cannot be without some scruples of an vniust title , and it were safest to restore thē . another example in carbo is , if my superior command a difficult thing , and i doubt whether he command lawfully or no , though it were safer to obey , yet i am not bound to doe so . and he giues a rule , which will include a thousand examples , that that rule , that the safest part is to be embraced , is then onely true , when by following this safer part , there ensues no notorious detriment . and soto extends this doctrine farther , for he saies , though yo● beleeue the precept of your superior to be iust ( which creates conscientiam opinantem ) yet you may doe against it : because ( saies he ) it is then onely sinne to doe against your conscience , when to do according to your conscience , is safe , and that no danger to the state , or to a third person , appeares therein . so that tutius in a spirituall sense , that is , in a doubtfull matter rather to beleeue a thing to be sinne , then not , must yeelde to t●tius in a temporall sense , that is , when it may be done without notorious detriment ; for when it comes to that , we shall finde it to be the common opinion of casuists , which the same summist deliuers , that there is no matter so waighty , wherein it is not lawfull for me , to follow an opinion that is probable , though i leaue the opinion which is more probable ; yea though it concerne the right of another person : as in our case of obedience to the king or the pope . and then , wheresoeuer i may lawfully follow an opinion to mine aduantage , if i will leaue that opinion with danger of my life or notorious losse , i am guilty of all the damage i suffer . for these circumstances make that necessary to me then , which was indifferent before : the reasons vppon which carbo builds this doctrine of following a probable opinion , and leauing a more probable , which are , that no man is bound , ad m●lius & perfectius , by necessity , but as by counsell : and that this doctrine hath this commoditie , opinion● shew euidently , that these rules giue no infallible direction to the conscience , and yet in this matter of obedience , considering the first natiue certa●ntie of subiection to the king , and then the damages by the refusall to sweare it , they encline much more to strengthen that ciuill obedience , then that other obedience which is plainly enough claimed , by this forbidding of the oath . so that in these perplexities , the casuists are indeede , nubes testium : but not in that sense as the holy ghost vsed the metaphore . for they are such clouds of wi●nesses , as their testimonie obscures the whole matter . and they vse to deliuer no more , then may beget farther doubts , that so euery man may from the oracle of his con●fessors resolution , receiue such direction , as shall be fit at that time , when hee giues the aunswe●e● which nauarrus expresses fully , when he confesses , that hauing beene consulted fiftie yeares before , whether they who defrauded princes in their customes , were bound to restitution , he once gaue an aunswere in writing : but haui●g recouered that writing backe a-againe , he studied twentie yeares for his owne satisfaction , and found no ground whereupon he might rest : and all that while he counsailed confessors , to absolue th●ir penitents , vpon this condition : that they should retaine a purpose to doe so , as they should vnderstand hereafter to be iust . these spirituall physitians are therefore like those physitians , which vse to erect a figure , by that minute in which the pat●ents messenger comes to them , and ther●by giue their iudgment . for the confessours in england , in such resolutions as these , consider first the aspects , and relations , and diuerse predominancies of superiours at that time ; and so make their determinations seasonable● and appropriate . but to insist more closely vpon this point in hand , your simancha speaking out of the law , saies ; that that witnesse which deposes any thing vpon his knowledge , must also declare and make it appeare , how he comes to that knowledge . and if it bee of a thing belonging to the vnderstanding , hee must make it appeare by what means , and instrument his vnderstanding was instructed . and that which he assignes for the reason , must be of that nature , that it must certainely , and necessarily conclude and prooue it . if then you will subscribe with your blood , or testifie by incur●ing equiualent dangers , this doctrine vpon your knowledge , you must bee able to tell the christian world , how you arri●'d to this knowledge . if you will say , you haue it ex iure diuino , and meane by that , out of the scriptures , you must remember that you are bound by oath neuer to accept nor inter●rete scriptures , but according to the vnanime consent of the fathers . and can you produce such a consent , for the establishing this doctrine , in interpreting those places of scripture , which are off●ed for this matter ? if you extend this ius diuinum , as bellarmine doeth , not onely to scriptures , but to naturall light and reason , and the law of nature , ( in which he is no longer a diuine , as he vses to professe himselfe , but a canonist , who gaue this large interpretation of ius diuinum , whereas diuines carie it no further , then to that which god hath commanded or forbidden , as azorius tels vs ) this cannot bee so strong and constant , and inflexible a rule , but that the diuers obiects of sense , and images of the fancie , and wayes of discourse , will alter and vary it . for though the fi●st notions which wee haue by the light of nature are certaine , yet late conclusions deduced from thence are not so . if you pretend common consent for your ground , and criterium , by which you know this truth , and so giue it the name of catholicke doctrine , and say that faith is to be bound to that , and martyrdome to be indur'd for faith , you must also remember , that that which is so call'd catholicke , is not onely a common consent of all persons at one time , but of the catholicke church euer . for , quod vbique , quod semper , is the measure of catholicke doctrine . and can you produce authors of any elder times , then within sixe hundred yeares , to haue concurr'd in this ? and in these later times , is not that squadron in which nauarrus is , of persons and voyces enow , to infringe all reasons which are grounded vpon this vniuersall consent ? he proclaimes confidently , that the pope , take him despoiled and naked , from all that which princes haue bestowed vpon him , hath no tempo●all power , neque supremam , neque mediam , neque infimam . doe no● some catholiques confesse , that they are readie to sweare to the integrity of the romane faith , according to the oath of the councell of trent , and yet pro●est against this temporall i●risdiction ? and doth not another catholique say , that when a lay man sweares obedience to the pope , according to that oath of pius the fourth , it must be restrained , in his vnderstanding , onely to his spiriuall power ? herein therefore is no vniuersall consent . and are not they which seeme to maintaine this temporall power , so diuided amongst themselues , that in a mutinie , and ciuill dissention , they rather wound one another , then any third enemie , when they labour more , to o●erthrow the way , by which this temporall iurisdiction is claimed , then to establish the certaintie of the matter it selfe ? and though such things as appeare to vs , euidently , and presently out of the scriptures , binde our assent , and beleefe , though wee may dispute about the way and manner , ( as no man denies the conception of our blessed lady , though it be disputed , whether shee were conceiued with original sinne , or without it ) and though those things which appeare to vs out of the first intrinsique light of nature and reason , claime the same authoritie in vs ( as no man doubts whether he haue a soule or no , though many dispute whether ●e haue it by infusion from god , or by propagation from our parents ) yet in things further remoued , and which are directed by more wheeles , and suggestion● , and deducements , we cannot know certainely enough ( for so great a vse , as to testifie them in this fashion , as we speake of ) that they are , except we know first how , and in what manner they are . as if a man be conuented before a iudge , ●especially when he is bound in conscience not to answere , except he be his competent iudge , as you teach when ecclesiastique persons are called to secular tribunals ) he cannot be sure that man is his competent iudge except he know first , whether he haue that authority , as ordinary , or by speciall commission . though therefore in this point in question , for a pious credulity , and generall intention to aduance the dignity of the church of rome , a catholique may haue an indigested and raw opinion , that this power is in the pope , yet when he examines himselfe , and calls himselfe to account , he must first know how it is , before he can resolue , that it is . and though he may erre in the manner , by which he beleeeues it to be in him , yet certainely he must arest himselfe vpon some one of those waies , by which the pope is said to haue that iurisdiction , or else hee doth not answere his conscience , that askes him how he knowes it ? and if his conscience doe not aske him , he is in too drowsie and stupid a fit to be a martyr . since therefore all his authority must be direct or indirect : ordinary or extraordinary : as he is pope or not as he is pope , whosoeuer will seale with his blood the auerment of this iurisdiction , auerres one of these waies , how it comes to him : which being so , he cannot iustly be called a martyr ; since he only is a martyr , whom all the churc● estee●es to be so . and he which should die , for maintenance of direct power , should neuer be admitted into such a martyrologe , as the fauourers of indirect power should compile ; nor these , into the other . and if two should come to execution together , vpon occasion of denying this oath , of which one refused it , because hee thought the pope direct lorde , the other indirect , if they forbore hard words to one another at that time , doubtlesse in their consciences they would impute to one another , the same errours , and the same falshoods , of which they inter-accuse one another in their bookes , and neither would beleeue the other to be a true martyr . and might not a dispassioned and equal spectator apply to them both seuerally , that rule of the law , that to that , which is forbidden to be had by one way , one may not be admitted by another ? especially since a lawyer which hath written on that side , takes the aduantage of this rule , against princes , when he saies , that they haue no iurisdiction vpon clergie mens goods , because this were indirectly , to haue iurisdiction vpon their persons , which being , saies he , forbidden to be had one way , may not be permitted another . it was saide to pompey , when hee wore such a scarfe about his legge , as princes wore about their head , that it was all one in which place he wore the diademe , and that his ambition appeared equally in either . and so ought this indirect power , though it pretend more tamenesse , and modestie , aue●t men , as much as the other : for bellarmine can finde as good an argument for peters supremacie , out of christs washing his feete , as his appointing him to kill and eate , which is , saies hee , the office of the head. so that from head to foote , all arguments serue his turne . but to turne a little back to this point of knowledge , since the conscience is by aquinas his definition , ordo scientiae ad aliquid , and an act by which wee apply our knowledge to some particular thing , the conscience euer presumes knowledge : and we may no● , ( especially in so great dangers as these ) doe any thing vpon conscience , if we doe it not vpon ●nowledge . for it is not the conscience it selfe that bindes vs , but that law which the conscience takes knowledg● of , and presents to our vnderstanding . and as no ●gnorance excuses vs i● it be of a thing which wee ought to know , and may attaine to : ●o no misconceiued knowledge bindes our conscience in these dangers , if it be of a matter not pertinent to vs , or to which wee haue no such certaine way of attaining , that we can iustly presume our knowledge to be certaine . for though in the questions raised by schoolemen of the essence and counsailes of god , and of the creation , and fall , and ministerie of angels , and such other remoued matters , to the knowledge whereof , god hath affoorded vs no way of attaining , a man may haue some such knowledge , or opinion , as may sway him in an indifferent action , by reasons of conueniencie , and with an apparant analogie , with other points of more euident certainty : yet no man may suffer any thing for these points , as for his conscience , because , though he haue lighted vpon the truth , yet it was not by any certaine way , which god appointed for a constant and ordinarie meanes to finde out that truth . and if this refusall of the oath , and implication of a power to depose the king , be a matter pertinent to vs , that we are bound to know it , ( as all men in generall are bound to know the principles and elements of the christian faith , and the generall precepts of the law , and euery particular man is bound to know , those things which pertaine to his state and office ) then euery subiect which doth not know this , is in an inexcu●able and damnable ignorance ; which was the case of as many , as did at first , or do yet , allow the taking of the oath● or if it be not so immediat to vs , as those principles of faith , or as the duties of euery particular man ( for though we know naturally that princes must be obeyed , yet , you wil say , som cases may occur , in which we may not obay ) then there must be some certaine way for vs to a●taine to the knowledge therof by discourse & industrie , if we may aduenture these dangers for it , and we may not aduenture them , till we haue by that industrie sought it out . for , if we shall say , that some things are to be held by a man , de fide , of which he shall still be vnder an inuincible ignorance , though he bestow and employ all possible diligence , ( as it is said of cyprian , that bee did erre in matter of faith , after he had vsed all possible industrie ) then contrarie opinions in matter of faith may be iust ca●ses of martyrdome , and yet one of these opinions must of necessitie bee hereticall . for if cyprian were vnder an inuincible ignorance , he was bound to doe according to his conscience● since he had no way to rectifie it . so that he must haue died for his conscience in that case , that is , for such an opinion , as all his aduersaries were bound to die for the con●rarie . but since this seemes incongruous and absurd , the other opinion will stand safe and vncontrouled , that our conscience , whose office is to apply our knowledge to something , and to present to vs some law that bindes vs in that case , cannot binde vs to these heauy incommodities , for any matter , but that , which wee therefore beleeue that wee know , because there are certainely some meanes naturally and ordinarily prouided for the knowledge thereof ; and that wee haue vsed those meanes . now , in a man , in whom there are all these iust preiudices and prescriptions , that nature teaches him to bey him that can preserue him , that the scriptures prouoke him to this obedience , that the fathers inte●prete these scriptures of regall power , that subsequent acts , and experience teaches , regall power to be sufficient for that end ; what can arise , strong enough to defeate all these , or plant a knowledge contrary to this , by any euidence so neere the first principles , as this is grounded vpon ? if it were possible that any thing could be produced at last , by which all these rea●ons should be destroyed , yet , till that were done ( which is not yet done ) both the priority and birthright of the ●easons and rules of nature , which are on that side ( for rules are elder then the excep●ion ) and the dangers which would ouertake , and entrap● and depresse such as refused the oath , must preuaile against any thing yet appearing on this part : for thus farr the casuists agree , as in the better opinion , that although th●t which they cal metum iustum , which is , such a feare as may fall vpon a constant man , and yet not remoue his habite of constancy , doth not excuse a man from doing any euil , yet that is meant of such an euill , as is euill naturally , and accompanied with all his circumstances : for , though no such feare can excuse me in an absolute deniall to restore any thing , w●ich w●s committed to my trust , yet i maybe excused f●om deliuering a sword committed to me , if i haue s●ch a iust feare , that the owner will therewith offend me or another . and th●y account not onely the feare of death , to be this iust feare , which may excuse in transgressions , in any thing which is not naturally euill , but the feare of torture , imprisonment , exile , bondage , losse of temporall goods , or the greater part thereof , or infamy , and dishonour . and not onely when these are imminent vppon our selues , but vppon our wiues and children : and not onely when a law hath directly pronounced them , but when the state threatens them , that is , is exasperated and likely to p●oceed to t●ese inflictions . and though canonists are more seuere and rigid in the obseruation of thei● lawe , yet the common opinion of diuines is , that this iust feare excuses a man from the breaking of any humane lawe , whether civill or ecclesiastique : an● that none of those lawes binde vs to the obseruation therof , in danger of death , or these distresses , except in this case , that these punishments are threatned to vs , because we will not breake the law in contempt and despite of that authority , which made the law : for then no feare can excuse vs , because the obedience to superiour authority in general ; is morall and naturall ; and therefore the power it selfe may not be contemned ; though in case of this iust feare , i may lawfully thinke , that that power which made the law , meant not to binde me in particular , in these heauy inconueniences . to apply this to our present purpose , since this oath is not naturally euill , so as no circumstance can make it good ( for then , it would haue appeared so at first , and the pope himselfe could by no iudult or dispensation tolerate it , which , i thinke , they will not say ) nor offered in contempt of the church of rome , or in such sort as it should be a signe of returning to our religion , or abandoning the romane profe●sion , but onely for the princes security , certainely though the refusall thereof were commanded by any law of humane constitution , and so it became euill because it was forbidden , yet in these afflictions certainely to be endured by the letter of an expresse law , by euery refuser , and in this bitternesse and exasperation of the whole state , against that whole partie , and the cause of catholiques , the taking of the oath were so excusable , as the refusing thereof could not be excused . for in such a iust feare , euen diuine positiue law looses her hold and obligation , of which sort ●n●egrity of confession is by all helde to be ; and yet such sinnes may be omitted in confession , as would either scandalize the confessor , endanger the penitent , or defame a third person . in which the casuists are so generally concurrent , that wee neede no particular authorities . and in the matter of the greatest importance , which can be in that church , which is the election of the pope , and an assurance , that he whom they acknowledge for pope , is true pope , which comitolius ( a iesuite as much more peremptorie then the rest of the iesuites , as they are aboue all other friars ) sayes , a to be an article of faith , and that we are bound to beleeue the present pope to bee christs vicar , with a diuine and with a catholicke faith , and that all decrees of popes , which annull all elections , if they appeare after , to haue beene made by simonie , intend no more , but to declare that god will neuer suffer that to bee done , or discouer it presently ( in which opinion , that matter of fact , should so binde our faith , hee is ( for any thing which i remember to haue read ) singular , and i had occasion before to name b one grea● doctor of his owne religion , directly contrarie to him in the very point . ) in these elections , i say , which induce ( by his doctrine ) a diuine●aith ●aith , and necessarily , such a probable , and morall certitude , that it were sinne in them , who are vnder the obedience of that church , not to obey the iust decrees of the present pope , or quarrell at his election● the councell of constance , ( as c another iesuite vrges it ) hath decreed that this iust feare of which we speake , doth make voide any such election of the pope . and that , if after the cardinals are deliuered of that feare , which possessed them at the election , they then ratifie and confirme that pope , yet he is no pope , but the election voide : so farre doeth this iust feare ( which cannot be denied to bee in your case ) extend , and vpon so solemne , and solid acts , and decrees is it able to worke , and prouide vs a iust excuse for transgressing thereof . and in a matter little different from our case , azorius giues the resolution ; that if an hereticall prince commaunds his catholicke subiectes to goe to church , vpon paine of death or losse of goods , if hee doe this onely because he will haue his lawes obeyed , and not to make it symbolum hereticae prauitatis , nor haue a purpose to discerne therby catholickes from hereticks , they may obey it . and the case in question fals directly and fully within the rule : for this oath is not offred as a symbole or ●oken of our religion , nor to distinguish papists from protestants , but onely for a declaration and preseruation of such as are well affected in ciuill obedience , from others which either haue a rebellious and treacherous disposition already , or may decline and sinke into i● , if they bee not vphelde and arrested with such a helpe , as an oath to the contrary . and therfore by all the former rules of iust feare & this last of azorius , though there were an euident prohibitory act , against the taking of the oath , yet it might , yea it ought to be taken● for , agreeable to this , tolet cyte● caietans opinion , with allowance and commendations , that the declaration of the church , that subiects may not adhere to their king , if he be excommunicated , extends not to them , if thereby they be brought into feare of their liues , or losse of their goods . for in capitall matters , saies your great syndicator , it is lawfull to redeeme the life , per fas & nefas . which must not haue a wicked interpretation ; and therefore must be meant , whether with , or against any humane lawes ; which he speakes out of the strength and resultance of many lawes and canons there alleadged . and therfore it can neuer come to be matter of faith , that subiects may depart from their prince , if this iust feare may excuse vs from obeying , as these authors teach ; for that neuer deliuers vs in matters of so strong obligation as matter of faith , from which no feare can excuse our departing . to conclude therefore this chapter , since later propositions , either adulterine , or suspicious , cannot haue equall authority , and credite , with the first , and radicall trueth , much lesse blot out those certaine and euident anticipations imprinted by nature , and illustrated by scriptures , for ciuill obedience , since the rules of the casuists●or ●or electing opinions in cases of doubt , and perplexity are vncertaine and flexible , to both sides , since that conscience , which we must defend with our liues , must be grounded vpon such things , as wee may , and doe not onely know , but know how we know them , since these iust feares of drawing scandall vpon the whole cause , and afflictions vpon euery particular refuser , might excuse the transgression of a direct law , which had all her formalities , much more any opinions of doctors or canonists , i hope we may now pronounce , that it is the safest , in both acceptations , both of spirituall safety , and temporall , and in both tribunals , as well of conscience , as of ciuill iustice , to take the oath . chap. ix . that the authority which is imagined to be in the pope , as he is spirituall prince , of the monarchy of the church , cannot lay this obligation vpon their consciences : first because the doctrine it selfe is not certaine , nor presented as matter of faith : secondly because the way by which it is conueyed to them , is suspitious and dangerous , being but by cardinall bellarmine , who is various in himselfe , and reproued by other catholiques of equall dignity , and estimation . wee may bee bold to say , that there is much iniquity , and many degrees of tyranny , in establishing so absolute and transcendent a spiritual monarchy , by them , who abhorre monarchy so much , that though one of their greatest doctors , to the danger of all kings , say , a that the pope might , if hee thought it expedient , constraine all christians to create one temporall monarch ouer all the world : yet they allow no other christian monarchy vpon earth , so pure and absolute , but that it must confesse some subiection and dependencie . the contrarie to which b bellarmine saies , is hereticall ; and yet there is no definition of the church , which should make it so . and hereby they make baptisme in respect of soueraintie , to bee no better then the bodie in respect of the soule . for , as the bodie by inhaerent corruption vitiates the pure and innocent soule , so they accuse baptisme to cast an originall seruitude and frailtie vpon soueraintie : which , hauing beene strong and able to doe all kingly offices before , contracts by this baptisme a debilitie and imperfection , and makes kings , which before had their lieutenancie and vicariate from god , but magistrates and vicars to his vicar , and so makes their patents the worse by renewing & confirming . nor doe they only denie monarchie to kings of the earth , but they change the state and forme of gouernment in heauen it selfe ; and ioyne in commission with god , some such persons , as they are so farre from beeing sure that they are there , that they are not sure , that euer they were heere . for their excuse , that none of those inuocations which are vsed in that church , are so directly intended vpon the saints , but that they may haue a lawfull interpretation , is not sufficient . for words appointed for such vses , must not only be so conditioned , that they may haue a good sense , but so , that they may haue no ill . so that to say , that god hath reserued to himselfe the court of iustice , but giuen to his mother , the court of mercie , and that a a desperate sicke person was cured by our lady , when he had no hope in physitians , nor much in god , howsoeuer subtill men may distill out of them a wholesome sense , yet vulgarly and ordinarily they beget a beliefe , or at least a blinde practise derogatorie to the maiestie , and monarchie of god. but for this spirituall monarchie which they haue fansied , i thinke , that as some men haue imagined , and produced into writing , diuers idaeas , and so sought what a king , a generall , an oratour , a courtier should be , so these men haue only idaeated what a pope would be . for if he could come to a true and reall exercise of all that power which they attribute to him , i doubt not , but that angell , which hath so long serued in the place of being the particular assistant in the conclaue , ( for , since they affoord a particular tutelar angell to euerie colledge and corporation , and a to the race of flyes and of fleas , and of ants , since they allowe such an angell b to euery infidell kingdome , c yea to antichrist , d yea to hell it selfe , it were verie vnequall to denie one to this place , ) this angell , i say , would be glad of the roome , and become a suiter to the holy ghost , to name him in the next conclaue . for he should not onely enlarge his diocesse , and haue all the lower world vnder him , but hee shall haue those two principall seraphins which euer attend the pope , michael , and gabriel ; ( for , that gabriel is the second , victorellus produces two very equall witnesses , the romane litanie , and tassoes hierusalem . ) and all the particular angels of all spirituall societies ; and ( because also ( as he saies ) he is temporall lord ) all the archangels , and principalities , which gouerne particular estates , ●hall concur to his guard and assistance . as nero had an officer a voluptatibus , so , it seemes , haue the popes , a titulis . and flatterers haue alwaies a complacencie and delight in themselues , if they can bestow a stile and title vpon a great prince , because therein they think they contribute somthing to his greatnesse ; since ceremonie is a maine part of greatnesse , and title , a great part of that . and now they had obserued , that all the chiefe titles of the pope had been attributed to others , and were in their na●ure and vse communicable ; for all the apostles , and all the disciples of christ , are called vicarij christi ; and this name will not serue his turne , if it were peculiar to himselfe . for , as his victoria teaches vs , a this vicariate doth not enable him to doe all thinges which are not expresly forbidden him ( as some doe thinke ) but onely such things as are expresly graunted vnto him , and therefore his claime by that title will be too strict . and the name of vniuersall bishop , was giuen to cyprian , when hee was stiled , totius orbis praeses . and in that sense it may iustly bee giuen ; for as a physician or chyrurgion , which hath taken into his cure any one part of a mans body , either corrupted , or in danger of being so , may iustly be said to looke to , and preserue the body of such a man ; so that bishop which gouernes well one church , is therein a bishop of the whole church , & benefits the whole mystical body therof , by reason of the strong relation , & indissoluble cōnexion of all the parts , with one another , and to the head . and for that stile of pontifex maximus , which either is not due to the pope , or else is so sublime and transcendant a name , as bellarmine could bring it within no rule nor predicament , when hee makes vp the canon of the popes fifteene titles , by all and euery one of which , hee sayes , his primacie is euidently collected ; they saw it giuen to at●ana●ius , in ruffinus . and the name of pope was so communicated , that not onely euery bishop was called a pope , but cyprian , the pope . quem christiani suum papam vocant . in the estimation of which name , they haue often fluctuated and wa●uered . for , almost for nine hundred yeeres , they affoorded it to all : then they restrain'd it to the bishops of rome , to which purpose a biel vpon the canon of the masse , cites diuers canons , though farre from the matter . and euer since the reformation of the church was couragiously begun , and prosperously and blessedly prosecuted , they hauing beene call'd papists for their implicite relying vpon the pope , lest their owne argument against vs , that to bee denominate from any person , is a marke of heresie , should be retorted vpon themselues , they haue in all dedications and publike acts , as much as they can , forborne , and declin'd that name pope , and still vsurped , summus pontifex , and pontifex maximus . and yet being stil vrged and followed , and hauing no escape , but that the name of ●apists , stickes to them , and by their rules imprints some markes of heresie ; though bellarmine , a little ashamed of the name papist , say ; that onely the lutherans , and a few neighbour countreyes call them so : yet that late carmelite that hath defended lypsius , sayes confidently . a we are papists ; we confesse it ; and b we glory in that name . and this name of pope , they are the rather content to take to him againe● because they thinke that we grudge him that name . for so that councellour of the parliament of burdeaux , which in his historie of the progresse and decay of heresie , hath taken occasion to speake of the affaires of england , in which , because no man should doubt of the trueth therof , he pro●esses to follow sanders , and ribadene●ra , ( by whome a morall man may as well be instructed for matter of fact , as a christian might be by arrius or mahomet , for his faith ) sayes , that henrie the ●ight , made it felonie to call the holy father pope , or to reade that name in any booke , and not to blot it out . hauing therefore found such easinesse , and flexibility in all olde names , they haue prouided him now of this name spirituall prince ; in a larger sense , then that great prince , whom they call praeste-gian assumes it ( for that name signifies apostolique , and christs vicegerent , in his owne kingdomes ) or then christ himself euer assumed , or the holy ghost , by the prophet esay , reckoning vp his most glorious titles , euer attributed to him ; and yet in that place of esay , both his eternall kingdome by his filiation , and his euerlasting kingdome of glory , inchoated in his resurrection , and his kingdome of grace in our consciences , are euidently to bee discerned : for , though there be mention o● principality , yet it is said , principatus super humerum eius , which your doctor expounds of carying the crosse ; and that he shall be princeps pacis , which is intrinsicall , ●aies the same expositor & belonges to the conscience . but this doctrine which must so settle and affirme a catholique conscience , that it must binde him to die , and entitle him to martyrdome , hath no touch , nor tincture of either of these principalities , of patience , or of peace ; bu● all therein is anger and warre , not onely with that sword of two edges , of the word and censures , which is his , but with two swords ; which now we shall see how he claimes . the pope represents christ to vs ( saies bellarmine ) as he was , whilst he liued amongst men : nor can we attribute to the pope any other office , then christ had● as he was a mortall man. and in t●is capacitie , saies he , christ neither had the execution , nor the power of any temporall kingdome . and that therefore , if the pope , as a king , can take from any king the execution of his place , he is greater then christ ; and if he cannot , then he hath no regall power . thus hee disputes against those which entitle the pope to a direct , and ordinary iurisdiction ouer prin●es . and the same reasons and groundes , by which he destroies that opinion , will destroy his ; which is , that as christ was , so the pope is , spirituall prince , ouer all men , and that by vertue of that power , he may dispose of all temporall things , as hee shall iudge it expedient to his spirituall ends . for first , against that opinion of ordinarie iurisdiction hee argues thus ; if it were so , it would appeare out of the scriptures , or from the tradition of the apostles : but in the scriptures , there is mention of the keyes of heauen , but none of the kingdomes of the earth ; nor doe our aduersaries offer any apostolique tradition . will not you then , before you receiue too deepe impression of bellarmines doctrine , as to pay your liues for maintenance thereof , tell him , that if his opinion were true , it would appeare in scripture , or apostolique tr●dition ? and shal poore and lame , and ●lacke arguments coniecturally and vnnecessarily deduced from similitudes and comparisons , and decency , and conueniency binde your iudgements , and your liues , for reuerence of him , who by his example counsels you , to cal for better proof ? wil you so , in obeying him , disobey him , & swallow his conclusions , & yet accuse his fashiō of prouing them ? which you do , if when he cals for scriptures against others , you a●cept his positions for his sake , without scriptures . another of bellarmines reasons against ordinary iurisdiction , is , that regall authority was no● necessary nor of vse in christ to worke his end , but s●perfluous and vnprofitable . and what greater vse , or necessity can the pope haue of this extraordinarie authority ( which is a power to work the same effects , though not by the same way ) then christ had , if his ends be the same which christs were ? and it appeares that christ neither had , nor forsaw vse of either , because he neither exercised nor instistuted either . for , that is not to the purpo●e , which bellarmine saies , that christ might haue exercised that power if he would , since the popes authority is grounded vpon christs example ; and limited to that : for christ might haue done many thinges which the pope cannot do ; as conuerting all the world at once , instituting more sacraments , and many such : and therefore bellarmine argued well before , that it is enough for him to proue , that christ did not exercise regall power , nor declare himselfe to haue it which declarion onely , and practise , must be drawen into consequence , and be the precedent for the pope to follow . the light of which argument , that the pope hath no power , but such as christ exercised , hath brought so many of them to thinke it necessarie to proue that both christ did exercise regall aut●ority in accepting regall reuerence vpon palme-sunday , and in his corrections in the temple , and his iudgement in the womans case which was taken in adulterie . and that s. peter vsed also the like power , in condemning ananias and saphira , and simon magus . in another place bellarmine saies , that s. paul appealed to caesar , as to his superiour iudge , not onely de facto , but de iure ; and that the apostles were subiects to the ethnique emperours , in all temporall causes , and that the law of christ , depriues no man of his right , which he had before . and lately in his recognitions he departs from this opinion , and denies that he was his iudge , de iure . if his first opinion be true , can these consist together , that he which is subiect in temporal causes , can at the same time and in the same causes be superiour ? or that he ouer whom the emperour had supreame temporall authority , should haue authority ouer the emperour in temporall causes ? and what is there in the second opinion , that should induce so strong an obligation vpon a conscience , as to die for it ; since the first was better grounded ( for , for that he produ●ed scriptures ) and the second is de●titute of that helpe , and without further sear●h into it , tels vs , that neither the doctrine , nor the doctor are constant enough to build a mar●yredome vpon . thus also bellarmine argues , to our aduantage ( though he doe it to proue a necessity of this power in the church ) that euery common-wealth is sufficiently prouided in it selfe , to attaine the end , for which it is instituted . and , as we said before , the end of a christian common-wealth , is not onely tranquility ( for that sometimes may be main●ained by vnchristianly meanes ) but it is the practise of all morall vertue , now explicated to vs , and obserued by vs , in the exercise of christian religion ; and therfore such a common-wealth hath of it selfe , all meanes necessary to those ends , without new additions : as a man consisting of bodie and soule , if he come from infidelity to the christian religion , hath no new third essen●iall p●rt added to him , to gouerne that body , and soule , but onely hath the same soule enlightned with a more explici●e knowledge of her duety . b●llar●ine also tels vs , that in the apostles time , these two powers were seperated , and ●o all the temporall was in the emperour , as all the ecclesiasticke in the apostles and that hierarchie . by what way then , and at what time came this authoritie into them , if it were once out ? for , to say , that it sprong out of spirituall authoritie , when there was any vse of it , were to say , that that authoritie at christs institution had not all her perfections and maturity , and to say , that it is no other but the highest act , and a kinde of prerogatiue of the spirituall power , will not reach home● for you must beleeue and die in this , that the pope as spirituall prince , may not onely dispose of temporall matters , but that herein hee vses the temporall sword , and temporall iurisdiction . but when bellarmine saies , that this supreme authority resides in the pope , yet not as he is pope , and that the pope , and none but he , can ●epose kings , and transfer kingdomes , and yet , not as pope , i pro●esse that i know not , how to speake thereof with so much earnestnesse , as becomes a matter of so great waight . for other princes , when they exercise their extraordinarie and absolute power , and prerogatiue , and for the publique good put in practise sometimes some of those parts of their power , which are spoken of in samuel , ( which to many men seeme to exceede regall p●we● ) yet they professe to doe these things as they are kings , and not by any other authoritie then that . and if there be some things which the pope cannot doe as pope , but as chiefe spirituall prince , this implies that there are other inferiour spirituall princes , which are bishops : ( for so bellarmine saies , that bishops in their diocesses are ecclesiastique princes . ) and haue bishops any such measure of this spirituall principality , that they may do somthings by that , which they cannot doe , as they are bishops● all principalities maintaine their being by these two , reward , & punishment . how lame then and vnperfect is this spirituall principality , which can affoord but one halfe ? for it is onely then of vse , when the pope will punish , and correct a king , by deposing him : for all rewards & indulgences in this life , and in the next , hee conferres and bestowes , as hee is pope , and needes not this title , to doe any good which is in his power . and for corrections and punishments , all which we are sure he can lawfully doe , which is , to inflict church censures , vpon those who are vnder his spirituall obedience , he doth as he is pope , and needes not this principalitie for that vse neither . but for irregular actions , and such as occasion tumult and sedition , he must be a spirituall prince . for , sayes bellarmine , though the pope as he is president of a generall councell , ( and he is that , as he is pope ) ought to follow the greatest number of voyces in making decrees● yet as he is chiefe prince , hee is not bound to doe so , but may follow the lesser number . and yet scarse constant to himselfe , he sayes , that this libertie belongs to the pope , because he hath the assistance of the holy ghost : now the pope , as pope , hath the assistance of the holy ghost , ( for else his determination in ca●hedra , in matters of faith , were not by his ordinarie , and direct power , ) and therefore as pope hee may follow the fewer voyces in a councell , and as pope ( or no way ) he may depose princes . for as , though they seeme to place more power , or dignitie , in pontificatu , then in apostolatu , because the popes date their rescripts , from the time of their election to their coronation , thus , anno apostolatus primo , &c. and seale but with halfe the seale , but after their coronation , they begin to call their gouernment pontificatum : yet all the authority which they haue , is certainly in them from their● election , because saies the glosse , that conferres praesulatum : so they haue fancied & imagined a principatum aboue all these , yet certainly all the authoritie they haue , is as they are popes . which serued them to doe mischiefe enough , before this title was inuented . and to say , that they haue authoritie , as they are popes , to doe some acts , as they are not popes , is such a darke , and mistie , and drowsie doctrine , as it is the fittest and most proportionall martyrdome in this businesse , for a man to dreame that he died for it . for it is strange that the●e men can discerne and distinguish in the same office , betweene the pope , and a spirituall prince , when as philip the last king of spaine , could not distinguish betweene the person and the office of the pope● for being in so much forwardnesse , that he had giuen the d. of alua order to besiege rome , because paul the fourth had brought into italy an armie of french , to infest the kingdome of naples , and being solicited by the venetians , to desist from offending the pope , though hee aunswered , that his preparations were not against the pope , but against peter caraffa his subiect , and a rebell , yet when the venetians replied , that if he could seperate caraffa from the pope , they would intercede no farther , else they would giue the pope their assistance , the king , saies a catholique writer , gaue ouer , because he saw it impossible to distinguish them . and as the doctrine it sel●e is too inexplicable , for any man to aduenture thereupon his li●e , or such dangers as the lawe esteemes equiualent to this purpose , which are , all such damages as induce a iust feare : so is the channell and way by which it is deriued to vs , so various , and muddy , as that also should retard any man , from such a preiudice , and such an anticipation of the resolution of the church herein as it is , to seale with life , that which no man yet knowes , how the church will determine . for , in bellarmine , who hath got the reputa●ion to be the principall of t●is faction ( though i confesse he found the foundation of it , and his best arguments for it , in our countriman sanders , out of whom and stapleton and a few more , that church hath receiued more strength , then from the late writers of all other nations , ) his authority and credit is not onely infirmed and impaired , in that , baronius , a man of as much merit of the church , and rewarded by her , with the same dignitie , is of a contrarie opinion , but also , because auerring , that his opinion is the opinion of the diuines , and the other onely of canonists , diuines themselues , ( for such baronius and bozius are ) haue more then others oppugned it . and so that new order of the congregation , of which both they are , beeing ( as i said before ) laid for a stumbling block , that the world , which in such a rage of deuotion ranne towards the iesuites , might be arrested a lit●le vpon the contemplation of an order which professed church-knowledge , as the other did state-knowledge , hath exceeded the iesuites in their owne art , of flattering and magnifying the pope . for they haue maintained his direct and ordinarie power , whereas the other haue but prouided him a new and specio●s title . and so not only such as carerius layes the imputation of impious politician vpon bellarmine and all his followers in this point , and bitterly anathmatises bellarmine by name , and maintaines this power to be in the pope , either as pope , or not as christs vicar , but bozius also calls these men nouos theologos , and sayes , they teach doctrine euidently false , and such as fights against all truth . and another catholique writer , though hee impugne both these opinions , of bellarmine , and baronius , yet he protests , that the opinion which bellarmine calls the canonists opinion , is the more probable , and defensible : because , saies hee , that opinion is not against the order of nature , that the pope should exercise such a power , which they maintaine to be directly granted to him : but that opinion , which they call the diuines opinion , is against nature , since it admits the exercise of such an authority , as is neither by name granted , nor necessarie to the ends of the church : and therefore , saies this catholique , though the diuines ouerthrow the canonists , yet they proue not their owne opinion . and in another place he saies , that though bellarmine haue giuen as much to the pope , as honestly he could , and more then he should haue done , yet he was so farre from satisfying the pope herein , that for this opinion the pope was very neere condemning all his workes , as , saies he , the iesuites themselues , haue tolde mee . vvhich disposition of enclining to the canonists opinion , appeares still in the popes , who accept so well the bookes of that purpose , that the greatest part of those authors , which i haue cited in this booke , of that matter , are dedicated to the late popes . so that , that doctrine , which is so much denied in the substance and essence therof , that all wayes of the existence thereof are peremptorily denied , hath not yet receaued concoxions enow from the church , to nourish a conscience to such a strength , as martyrdome requires . for that , which their great doctor franciscus a victoria pronounces against his direct authoritie , we may as safely say against that & the indirect , this is the strongest proo●e that can be against him , this authority is not proued to be in the pope , by any meanes , and therefore he hath it not . to which purpose he had directly said before , of the direct authoritie , it is manifestly false , although they say that it is manifestly true ; and i beleeue it to be a meere deuise , only to flatter the popes . and it is altogether fained , without probability , reason , witnesse , scripture , father , or diuine . onely some glossers of the law , poore in fortune and learning , haue bestowed this authority vpon them . and therefore , as that ermit which was fed in the desert by an angell , receaued from the angell withered grapes , when hee said his prayers , after the due time , and ripe grapes when he obserued the iust time , but wilde sower grapes when he preuented the time , so must that hasty and vnseasonable obedience to the church , to die for her doctrine , before she her selfe knowes what it is , haue but a sower and vnpleasant reward . chap. x. that the canons can giue them no warrant , to aduenture these dangers , for this refusall : and that the reuerend name of canons , is falsly , and cautelously insinuated , and stolne vpon the whole body of the canon law , with a briefe consideration vpon all the bookes thereof ; and a particular suruay , of all those canons , which are ordinarily cyted by those authours , which maintaine this temporall iurisdiction in the pope . to this spirituall prince , of whom we spoke in the former chapter , the huge and vast bookes of the canon law , serue for his guarde . for they are great bodies loaded with diuers weapons of excommunications , anathems , and interdicts , but are seldome drawen to any presse or close fight . and as with temporall princes , the danger is come very neere his person , if the remedie lie in his guard , so is also this spirituall prince brought to a neere exigent , if his title to depose princes must be defended by the canons . for , in this spirituall warre which the reformed churches vnder the conduct of the holy ghost , haue vndertaken against rome , not to destroy her , but to reduce her to that obedience , from which at first she vnaduisedly strayed , but now stubbornly rebels against it , the canon law serues rather to stoppe a breach , into which men vse to cast as wel straw and feathers , as timber and stone , then to maintaine a fight and battell . this i speake not to diminish the reuerence or slacken the obligation which belongs to the ancient canons and decrees of the church ; but that the name may not deceiue vs ; for , as the heretiques vrsalius , and valens , got together a company at nice , because they would establish their heresies , vnder the name of a nicene councell , ( which had euer so much reputation , that all was readily receiued , which was truely offered vnder that name ) so is most pestilent and infectious doctrine , conuayed to vs , vnder the reuerend name of ecclesiastique canons . the body of the canon law , which was called codex canonum , which contained the decrees of certaine auncient councels , was vsually produced in after - councels for their direction , and by the intreaty of popes , admitted and incorporated into the body of the romane and imperiall law ; and euer in all causes , wherein they had giuen any decision , it was iudg'd according to them , after the emperours had by such admittance giuen them that strength . and if the body of that law , were but growen and swelled , if this were a grauidnes , & pregnancy which she had conceiued of general councels lawfully called , and lawfully proceeded in , and so she had brought forth children louing and profitable to the publique , and not onely to the mother , ( for how many canons are made onely in fauour of the canons ? ) all christian princes would be as inclinable to g●ue her strength , and dignity , by incorporating her into their lawes , and authorising her thereby , as some of the emperours were . and had the bishops of rome maintained that purity , and integrity of doctrine , and that compatiblenesse with princes , which gaue them authority at first , when the emperours conceiued so well of that church , as they bound their faith to the faith thereof ( which they might boldly doe at that time ) perchance princes would not haue refused , that the adiections of those later popes should haue beene admitted as parts of the canon law : nor should the church haue beene pestred , and poisoned with these tumors , & excrescenges , with which it abounds at this time , and swelles daily with new additions . in which , if there bee any thinge which bindes our faith , and deriues vppon vs a title to martyrdome , if we die in defence thereof ( as there are many things deriued from scriptures and obligatory councels ) the strength of that band rises so much from the nature of the thing , or from the goodnesse of the soile , from which it was transplanted to that place , that though we might be martyrs , if we defended it in that respect , yet wee should loose that benefit , though it be an euident and christian truth , if we defend it vpon that reason , that it is by approbation of the ●ope inserted into the body of the canon law ; which is a satyr , and miscellany of diuers and ill digested ingredients . the first part whereof , which is the decretum compiled by gratian , which hath beene in vse aboue foure hundred yeares , is so diseased and corrupt a member thereof , that all the medicines , which the learned archbishop augustinus , applied to it , and all that the seuerall commissioners , first by pius the fift , then by gregory the thirteenth , haue practised vpon it , haue not brought it to any state of perfect health , nor any degree of conualescence . but though that bishop say , that gratian is not worthy of many words , though in his dispraise , yet because he tels vs , that the ignorant admire him , though the learned laugh at him ; and because hee is accounted so great a part of the canon law , as euen the decretall epistles of the popes are call'd , extra , in respect of him , as being out of the canon law , it shall not be amisse to make some deeper impressions of him . thus farre therefore the catholicke archbishop charges him , to haue beene so indiscreete and precipitate , that he neuer stood vpon authoritie of bookes , but tooke all , as if they had beene written with the finger of god , as certainely as moses tables ; and hee is so well confirm'd in the opinion of his negligence , that he sayes , he did not onely neuer iudge and waigh , but neuer see the councels nor the registers of popes , nor the workes of the fathers : and therefore sayes hee , there is onely one remedy left , which is , vna litura . and in another place , that there can bee no vse at all made of this collection , but that a better must be attended , out of the originals . but if his errour were onely in chronologies , as to giue pope nicholas a place in the councell of carthage , who was dead before ; or in arithmeticke , as when purposely he enumerates all the councels , to make the number lesse by foure . if this weaknesse had onely beene , that he was not able to spell , and so in a place of much importance , to read ephesus for erphesfurd , hierome , for ieremie , and hereticke for henrie , and a hundred such ; if he had stopp'd , either at mistaking of true authors , as to cite out of saint peter , that which saint paul sayes ( which libertie his glosser extends farther , and therefore cites a whole sentence , for scripture , which is no where ) or if he had stai'd at imagining words out of false authors , as to cite the councell of geneua , and macharius the pope , which neuer were , ( as he and the palea doe ) there were an open way for him , as it is said in that dialogue , to say with the apostle , quia ignorans ●eci . but we also finde malignitie and danger to our cause , in his falsifications . for , to dignifie the sea of rome , hee cites ambroses wordes thus , non habent petri haereditatem , qui non habent petri sedem ; which in ambrose is obseru'd to be , petri fidem . and to establish the exemption of clergie men from secular iustice , hee cites this out of a councell now a thousand yeeres past , clericum nullus presumat pulsare apud iudicem saecularem ; whereas the words of the councel are clericus nullus presumat . and so the councell layes a commandement vpon the clergie , but gratian layes it vpon the layetie . which falsitie , binius , citing the councell aright , and gratians words also right in the margine , forbeares to obserue or reprehend , and dissembles the iniurie done to the world therein . but bellarmine hath delt herein with more obnoxiousnesse , and lesse excuse , then binius , because hauing no reference at all to gratian , hee cites the words out of the councell it-selfe ; and hauing said , that counsell pronounces in this point more clearely , in these words ; he cites the words , falsely , and corruptly as gratian did before . and as for such iniquities as these , we haue reason to decline gratian , as iniurious to vs : so al●o in charitie towards them , which are caried with an implicite faith in canons , in which name gratian is enwrapped , we are bound to tell you how vnworthy he is , to bee relied vpon by you . for in the point of the emperours electing the pope , hee hath spoken so dangerously , that baronius is forced to giue this censure vpon him , gratian , out of too much credulitie , improuidently writ out a most manifest imposture , and inserted that , as a most strong decree , all which , with the author thereof , should rather haue beene hissed away , and pursued with execrations , which also he saies of another place in gratian , to the same purpose ; and accuses him of mutilating the famous lawes of charles the great , called capitularia . with like danger to the romane sea , hee cites a canon of a greeke councell , whose sense he apprehended not , in the matter of mariage of priests ; for he saies , that that canon was grounded vpon the apostles canons ; and yet it is contrarie to the canons of the romane church . so that of this place , that archbishop of whom i spoke before , exclaimes , who can endure this ? and that by no meanes it may be receaued . and not onely in matters of fact ( though that be the right legge vpon which the romane religion , ( especially in crowne diuinitie ) doth stand ) doth gratian deceaue you , but euen in such things as are matters of faith : both naturally , and so , common to all men , as when he allowes that there may be perplexities in euill , and so in some cases a necessitie of sinning , and then , sayes he , the remedie is to choose the lesse euill ; as also of that which is matter of faith , especially to the professors of your religion , which is the necessitie of orall confession : for , hauing produced authorities on both sides , whether it be necessarie or no , he leaues it as indifferent to the reader , to allow & choose which opinion he likes best . and because the glosse is now by some thought , to be of equal authoritie with the text , it is not an inconuenient way to eneruate both , by presenting some of the vanities and illusions of that . and though i will not in so serious a businesse , insist vpon such thinges , as might make sport and moue laughter , yet these few i may be excusable to let fall in this place . when gratian speakes of that parable of the lost sheepe , and saies , out of the gospell , that the were left in deserto , id est , sayes the glosse , in coelo , quod diabolus per peccatum deseruit . which , besides the detortion , destroyes vtterly the purpose of our sauiour , in that parable . and so when gratian , out of a councell cites an act to be done , in ecclesia romanorum , id est , saies the glosse , constantinopolitanorum . in many places gratian saies , that a dioscorus had not erred , in fide ; which being euidently false , for b he followed and defended eutyches his heresie , the glosse remedies it thus , non in fide , id est , non in fide tantum . and out of his fauour to priests , where gratian sayes out of bede , that priests must alwaies abstain from their wifes , the glosse saies , semper , id est , horis debitis . and when out of the nicene councell it was produced , that a prelate might haue in his house no women , except his mother , or sister , or such fit persons , as might auoid suspition , that is , sayes the glosse , his mens wiues . and when lanfred a young lusty bishop , and a great huntsman , was defamed also for immoderate familiarity with his owne daughter , the glosse sayes , it was not for any euill , for they were too neere in blood , but because he kissed her so much openly , and put his hand in her bosome . and lastly , to stay you no longer , in this ill aire , where the text saies , meretrix est , quae multorum libidini patet , the glosse brings this indefinite number to a certaine , and saies , that that name belongs to her , when shee hath lyen with . men . and as these authors in whom there are these aspersions , and such weedes as these , are therefore vnworthy , that either the popes approbation should ●all vpon them , or that any obligation should be throwne vpon our consciences , from their authoritie : so is it impossible , that any such approbation should include them both ; for the glosse doth somet●mes ( when no reconciliation can serue him ) depart from gratian with some disdaine ; as when he sayes , superficialis est argumentatio magistri : and sometimes in c●oler● as one notes him to say , fateor plane te mentitum , gratiane : and sometimes hee doth positiuely teach the iust contrarie to gratian , in matter of faith ; as in the doctrine of perplexities , which wee noted before . how dangerous therfore it is to confide in gratian , we see already , & may haue further light , by obseruing , that ballarmine saies , that in a main point of canonicall scriptures , gratian was deceiued , by trusting a false copie of saint augustines workes : and as bellarmine saies here● that gratian was deceiued , so gratian deceiued him ; for in that canon which we cyted before , of the exemption of clergy men , either bellarmine was a direct falsifier of the councel , or an indiscreet & credulous swallower of gratians errours ; which in his recognition he refuseth not to confesse in another matter , whē he retracts some things which he spoke vpon the credit of gratian , & there repents & recāts thē . but you and bellarmine may easily be misled by him , since euen a pope himselfe was brought into a false perswasion by his errour . for , till of late , all the copies of the decretum , in that famous canon , sancta romana , which distinguishes canonicall f●om apocryphall writings , in stead of the wordes , sedulij opus , heroicis versibus descriptum , had these wordes , hereticis versibus . which saies a catholique authour , induced not onely many wise men , but euen pope adrian . to a perswasion , that al poetry was hereticall ; since gelasius a pope , and author of that canon , though he praised sedulius his worke , in that place , yet because it was writ in verse , he c●ls them hereticos versus . of them therfore which will binde their faith to the canons , and aduentu●e these dangers for that faith ( as the canonists say , that saterday and sunday is all one , fictione canonica so wee may say , tha● they are but martyres fictione canonica ; and that not onely a martyr , and a selfe-murderer , but a martyr and a traytor , may be all one , fictione canonica . and by such fiction , that english priest bridgewater , which cals himselfe aquipontanus , ouerturning and re●enuersing his name with h●● conscience , may be beleeued , when he saies , that those priests which were executed vnder queene elizabeth , died pro inficiatione pontificatus faeminei : but their malice was not because she would haue bin a priest , but because she would not be a sacrifice to their idolatry , nor ambition ; nor open her heart to their inchantments , nor her throate and sides to their poisons and swords . the next limme in this great body of the canon law , after the decretum , is the decretall ; set out by grego●y the ninth , who was pope about the yeare one thousand two hundred thirty . and as the decretum pretends to bring to all purposes , sentences of fathers , an● canons of counsells , so this pretends principally the rescripts and de●retall letters of popes . so also , doe all t●e other bookes , which were set out after , in supplement of this : as that , which is called sextus , set forth by boniface the eight , who was pope , an. one thousand three hundred : and the clementines , which clement the fift set out , who was pope within sixe yeares after● and those extrauagants , which bea●e the name of iohn the two and twenty , within ten yeares of clement : and those which are called common extrauagants because they come from diuers popes : and to these is added not long since the booke called septimus decretalium . and thus this fat law ( for so ciuilians say of that , that it is crassa aequitas ; which is a praise beyond desert , though rhey speake it in diminution & scorn ) grows daily so fast , that as any corruption can get entertainment in a grosse body , so i doubt not but this , or the next age , shall see in their octaues and future volumes , not onely many of their letters , yet for shame cōcealed , but at henry the thirds death , canonized in the body of this law . for though they haue denied it with some-earnestnesse , yet they haue also confest , that if it were such as it is said to be , it admits a good interpretation . but for these bookes , though they haue more credit with them then the decretum hath , i will ease my selfe of that labour , which i tooke in that booke , in presenting particular defects and infirmities , both because we haue bellarmines confession , that there are many things in the decretall epistles , which doe not make a matter to be de fide , but onely doe declare , what the opinions of the popes were in those causes , and because a catholique authour of whom we spake before , hath obserued , that the compiler of the dec●etals , by leauing out a word , in a canon of a councell of car●hage , hath occasion'd the church euer since , to doe directly aganst the purpose of that councell , in shauing the heads of priests . for whereas the councell is cited by him , clerici nec comam nutriant nec barbam , by occasion whereof , many subsequent orders were brought in , for shauing , and transgressors seuerely punish'd , it appeares that he left out in the end , the word radant , which vtterly changed the precept into the contrary . these canons therefore , of so sickely and weake a constitution , that any thing deiects them , cannot preuaile so much vpon our consciences , as to imprint and worke such a confidence in them , and irremoueablenesse from them , as to maintaine them with the same maner of testimonie , as we would doe the words of god himselfe . for , howsoeuer they depart from them , and seeme somewhat negligent of the canons , when we make vse of them to our aduantage against them , yet they affright and enthrall the tender consciences of their owne disciples , with nothing more , then the name of canons , to which promiscuously they ascribe all reuerence and assent , without distinguishing to them , which are gratians , and which are opinionate , and which decretall , for all together are approoued and confirmed . and therefore the canons themselues not only inflict an anatheme vp●on any ●ay-ma● , which shall so much as dispute vpon , the text , or any one iod o● the epistle of pope leo , which is in the canons , but also pr●nounce it blasphemy against the holy ghost , to viola●e a canon willingly , becau●e ●hey are made by the hyol ghost and bellarmine also , writing against a doctor which had defended the venetian ca●se , against the popes censures , saies , that it is a g●ieuous rashnesse , not to be lef● vnpunished , that he should say , ●he canons , as being but humane lawes , cannot haue equall authority with diuine . for this ( saies bellarmine ) is a contempt of the canons , as though they were not made by the direction of the holy ghost . and yet these canons which that doctor intimated , were but two , and cy●ed but by gratian , and concerned onely exemp●ion of clergie men from secul●r ●udges . and so ●arsons when he is to ma●e h●s aduantage of any sentence in gratian , vses to dignifie it thus , that it is translated by the popes into the corps of the canon law , and so not onely allowed and admitted , and approued , but commended , and commanded ; and as he addes after , canonized and determined for canonicall law , and authorized and set forth for sacred and authenticall , whatsoeuer● for they continue st●ll that practise which frederic the emperour obserued in his time , when they interdict●d his k●ngdome of sicily , offundunt bibulis auribus canon●s . and when they list to vrge a canon , any litle rag torn or fallen off from ●hence , must bind the church de fide , as a cathedrall , and decretall resol●●ion : for so saies he , that made the notes vppon cassianus , excusing origen , chrysostome , & some other fathers , for inclining to platoes opinion of allowing some vse of lies , in wise men , that it was lawfull till the church had defined the contrary : but now , saies he , the pope hath decreed it . and how hath he decreed it ? in a letter vpon a question of vsurie , the pope saies , a since the scriptures forbid lies , euen for defense of any mans life , much lesse may vsury be permitted . but , if in this question of lying , the band did not a●ise out of the euidence and truth of the matter it selfe , but relied vppon the authority of the popes declaration , and decision , can such a ragge casually and incidentally fall into a letter of another purpose , by way of comparison , binde the whole church , de fide ? when as , though sixtus . had so much declared himselfe to fauour the opinion of our ladies conception without originall sinne , that he had by b one canon instituted a particular festiuall thereof , and appointed a particular office for ●hat day , with many indulgences to the obseruers thereof ; yet the fauourers of the contrary opinion , forbore not for reuerence of that canon , to preach publiquely against that doctrine , till some yeares after , he forbad it vnder paine of excommunication , by another canon , c that any should affirme that she was conceaued in originall sinne ; and yet , d this is not esteemed as yet for all this , to be decreed as a matter of faith in that church : yea , it is so farre from it , that after all these solemnities and preiudices of that pope , yet the commissioners of sixtus the fift , and gregory the thirteenth ( appointed to expunge all dangerous passages in the canons ) in the glosse vpon that e canon , which reckons all the festiuall daies which are to be obserued , haue left these words vntouched , the conception of our lady is not named , because it ought not to be kept , though in england , and some other places it be ; and the reason is , because she was conceaued in originall sinne , as all but christ , were . and after , the iesuite , of whom i spoke before , had refreshed that doctrine , that a confession of a person absent , made by letters , was sacramentall , and clement the eight , was so vehement against it , that by a solemne decree he condemned it , for false , rash , and scandalous at least , and commaunded , that no man should speake of it but by way of condemning it , and excluded euen dumbe men from this benefi● , yet another iesuite since , a great doctor perplexorum , findes escapes to defend that doctrine from beeing hereticall . so that , though in trueth there goe verie many essentiall formalities to such a decree as bindes the conscience , de fide , yet these men when they need the maiestie of a canon , will euer haue fe●ters in all corne●s , to holde all consciences which off●r to slip or breake from them , and still oppresse them with waights , and with mountaine of canons . which way , the canonists doe no● only approue as the most conuenient to hold men in that religion , because the canons are more easily v●ried , and flex●ble , and appliable to occasion● , then the scriptures are , but also ( because ordin●rily the canonists haue no other learning ) they think the way by canons , to be the fittest means , to reduce them whom they call heretiques . for so sayes one of them , in his booke to the present pope , ( with m●ch a●u●enesse , certainty , and subtilty , ) the canons may well be alleadged against heretiques ; because they alleadge scriptures , and they cannot know scriptures , by any other way then canons . but besides , that i haue giuen you sufficient light , to look into the deformity and co●ruption of the canons , ( which , god forbid any should vnde●stand me to me●ne of canons , in that sense and acceptation , that the ancients receaued it , which is , of the constitutions of orthodox councels , for i take it here , as your doctors do , & as your confessors doe , for the whole body of the canon law , extant ) before i ente● into the suruay of those pa●ticular canons , which vsually are obtruded in this point of the popes temporall supremacie , i will remember you briefly , of some of those re●sons and occasions , ( such as may be fittest to vn-entangle your consciences , and deliuer them from perplexi●ies ) in which the canons doe not binde vs to the●r obseruation . o● which , one of the most principall and important is , that canons doe neuer binde , though they be published and knowledge taken of them , except they bee rec●aued , and practised in that country . so saies gratian , lawes are instituted , when they are published , but confi●med , when they are put in practise . and therefore , saies he , none are guilty of transgressing telesphorus decree , that the clergie should fast fiftie dayes , because it was neuer approued by practise . no more doth the decree of a●exander the third , though vnder excommunication , that in armies there should bee abstinence , for reuerence of certaine dayes , binde any man● because it was not practised : which op●nion nauarre also followes ; and a late canonist writing to this pope , calls it , singularem , et magistralem , et a toto mundo allegatum . and vpon this reason the councell of trent bindes not yet in some countries , in neither tribunall of conscience , or the outward censures of the church , because it is not receaued . and can you finde ●hat any such canons , as enable the pope to depose a prince , haue beene admitted by our princes , and practis●d as ordinarie and currant law ? or can you finde any canon to this purpose , with the face and countenance o● a law , made by the popes in reposed & peaceable times , deliuered quietly as a matter of doctrine and conscience , and so accepted by the church and state ? for if in temporall scismes , and differences , for temporall matters , betweene the popes and other princes , the popes to raise or maintaine a party against their enemies , haue suffered seditio●s bulls , and rescripts to passe from them , to facilitate and effect their enterprises then in hand , this is farre from the nature of a law , and from being accepted and practised , and so iustified , as it may be drawne into consequence , and haue power and strength to binde the conscience . and as acceptation giues life to law , so doth disuse , or custome to the contrarie abrogate it . and howsoeuer a superstition toward the canons , may still be preserued in some of you , yet the generall state , that is , the same authority , by which those canons were receaued before , which euer had anie strength here , hath disused them , & pronounced against so many of them , as can fall within this question , that is , such as bee derogatorie to the crowne . for , if these lawes bee not borne aliue , but haue their quickning by others acceptation , the same power that giues them life , may by desertion withdraw their strength , and leaue them inualid . and thus much seemed needfull to be said in the first part of this chapter , that you might see how putrid and corrupt a thing it is , which is offered to you vnder the reuerend name of canons ; and that though this cannon law be declined , and extenuated when we vrge it , yet euery sentence thereof is equall'd to diuine scripture ; and produced as a definition of the church , when it may worke their ends vpon your consciences , which , for diuers reasons issuing out of their owne rules , should now be deliuered from that yoake . the second part . for the second place in this chapter , i reserued the consideration and suruay of those canons which are ordinarily vsurped for defence of this temporall iurisdiction : in which my purpose is not , to amasse all those canons which incline toward that point , of which condition those which exexempt the clergy from secular iurisdiction , and very many other , are , but onely such as belong more directly to this point , to which the oath stretches , that is , whether the pope may depose a soueraine prince , and so we shall discern whether your consciences may so safely relie vpon any resolution to be had out of the canons , that you may incurre the dangers of the law , for refusall thereof . of which canons , though i will pre●ermit none , which i haue found to haue beene vrged , in any of their authours , i will first present those fower , which are alwaies produced with much confidence and triumph : though one catholique author , which might be aliue at the making of the clementines ( for he liued and flourished about , and clement the fift died not much before . ) haue drawen these foure canons into iust suspition : for thus he saies of them , the pastors of the church putting their hooke into another mans haruest , haue made foure decretals , which , god knowes , whether they be iust or no : but i doe not beleeue ( yet i recall it if it be erroneous ) that any of them is agreeable to law , but i rather beleeue that they were put forth against the libertie of the empire . the fi●st is a letter of innocent the third , who was pope about . to the duke of caringia the occasion of which letter , was this ; henry the son of frederic the first , of the house of sueuia , succeeding his father in the empire , had obtained of the princes of germany , to whom the election belonged , to chuse as successo● to him , his sonne henry : but hee being too young to gouerne● when his father died , they tooke thereby occasion , though against their oath , to leaue him ; being also d●sirous ●o change the stocke , and chuse an emperour of some other race ; by this meanes was duke ber●holdus , by some of the pr●nces elected ; but resign'd againe to philip brother to the dead emperour , in whom the greatest number consented . but some of the other princes had called home out of england , otho of the house of saxony , and elected him . here upon arose such a schisme , as rent that country into very many parts : and then innocent the third , an actiue and busie pope ( for it was he which so much infested our king iohn ) sent his legate into those parts , vpon pretence of composing those differences . and being in displeasure with the house of sueuia for the kingdome of sicily , which was in their possession , but pretended to by the church , his legate disallowed the election of philip , and confirmed otho . but some of the princes ill satisfied with the legates proceeding herein , complained thereof to the pope ; in aunswere whereof the pope writes to one of them , this letter . in which , handling his right of confirming the elected emperor , though he speake diuers things derogatorie to the dignity of princes , discoursiuely , and occasionally , yet is not this letter such a decree , as being pronounced cathedrally in a matter of faith , after due consultation , should binde posteritie , but onely a direction to that person , how he ought to behaue himselfe in that businesse . the letter may be thus abridged ; vve acknowledge the right of the election to be in the princes , especially because they haue it from the apostolicke sea , which transferred the empire vnto them : but , because we must consecrate the person elected , we must also examine his fitnesse . our legate therefore did no acte concerning the election , but the person elected . wee therefore repute otho emperour ; for , if the electors would neuer agree , should the apostolicke sea alwayes be without a defender ? we haue therfore thought it fit , to war●e the princes , to adhere to him . for there are notorious impediments against the other : as publicke excommunication , persecuting the church , and manifest periurie . therefore wee commaund you to depart from him , notwithstanding any oath made to him , as emperour . and is there any matter of faith in this decretall ? or any part thereof ? is it not all grounded vpon matter of fact , which is , the translation o● the empire which is yet vnder disputation● doe not many catholicke writers denie the verie act of transferring by the pope ; and saye , that the people being now abandoned and forsaken by the easterne emperours , had by the law of na●ure and nations , a power in themselues to choose a king ? and doe not those which are more liberall in confessing the translation , denie that the popes consecration , or coronation , or vnction in●uses any power into the emperor , or works any fart●er , then w●en a bishop doeth the same ceremonies to a king ? is it not iustly said , that i● the emperour must stay for his authoritie , till the pope doe these acts , he is in worse condi●ion , by this increase of his dominions then he was before . for , before he was emperour , and had a little of italy added to him , there was no doub● but that he had full iurisdiction , in his owne dominions before these ceremonies , and now hee must stay for them . and may not the popes question in this le●ter , be well retorted thus , if the pope will not crowne the emperour at all , shall the empire euer lacke a head ? for the pope may well be presumed to be slacke in that office , because he pretends to be emperour during the vacancie . but besides that an ouer earnest maintaining of this that the emperour had no iurisdiction in italy , before these ceremonies , would diminish and mutilate the patrimonie of the church , of which a great part was confe●red and giuen by pipin , be●ore any of these ceremonies were giuen b● the pope , the glosser vpon the clementines , is liquid & round in this point , when he sayes , that these ceremonies , and the taking of an oath , are nothing ; and that now , resipiscente mundo , the world being growne wiser , there must be no longer striuing for both swords . for those notorious impediments , which the pope obiects in this letter , against philip , if they were such as made him incapable of election , then there was a nullity in the choise , and the pope did nothing but declare that ; which may of●en fall out in states , which elect their princes , because there are many limitations , but in successorie princes , it cannot hold : but if these were not such impediments , by the lawes which gouerned the electors , they became not such , by this declaration . for one of them , which is manifest periurie , the pope himselfe was some cause of his continuing therein . for the oath was made to his brother , in the behalfe of his young nephew , who should haue beene emperour . and now the pope had not onely disabled him , but all the other princes , from keeping that oath , by electing or confirming another emperour . but if all which the pope sayes in that letter , shall not onely bee strong enough to binde the election , but to binde the consciences of posterity , as matter of faith , his last reason against philips election , must haue equall strength with the rest , which would bee of dangerous consequence ; for it is , that if after his father had beene emperour , and his brother , he also should succeede , the empire would passe from election to succession , and none should be assumed but of one house ; either then it is matter of faith , that three of one family may not succeed in an electiue state , or , as this is , so all the rest are but arguments of inconueniencie & vnfitnes . and this absoluing this duke , to whom he writes , of his oath , is but of an oath made ratione regni , to him who neuer had the kingdome : and therefore that power of absoluing , cannot by this decretall be extended to such oathes , which are acknowledged to haue beene iust , when they were made , as being made to lawfull and indubitable princes . and certainly ( for though you dare not heare , yet wee dare speake trueth , ) the whole purpose in that act , of the pope , was corrupt , and farre from intention of making peace . of whose profit by reason of that dissention one of your owne abbats , sayes , that there was scarse any bishoprick , or parish church , which was not litigious , and the suite brought to rome , sed non vacua manu , and so he proceedes , gaude , mater nostra roma , because all flowes to thee , aperiuntur cataractae the saurorum . reioyce for the iniquitie of the sonnes of men ; iocundare de adiutrice tua discordia . thou hast now that which thou didst alwaies thirst . sing thy song , because thou hast ouercome the world , not by thy religion , but the wickednesse of men , for men are not drawne to thee by their owne deuotion , or by a pure conscience , but by the doing of manifolde wickednesses , and by buying the decision of their suites and causes . the second canon vsually produced , and noted by albericus ( as i said ) to be against iustice , issued vpon this occasion . when otho whom the former pope had established against philip , became vnthankfull to the pope , hee also was excommunicate : and frederick , the sonne of the first frederick , to whom the princes had sworne in his cradle , was elected and crowned ; with whom also , b●c●use hee would not goe into the holy land , and expose the kingdome of sicily to their ambition , the popes fell out , and excommunicated him thrice . and when a generall councell was gathered by innocent the fourth , for the reliefe of the holy land , the pope himselfe proposed articles against the emperour . whose aduocate thaddaeus promised all , which might conduce to peace and reformation on his maisters behalfe . this satisfied not the pope , but he asked for sureties : and when the kings of england and france , were offered , the pope refused them , vpon pretence , that if the emperor should remaine incorrigible , the church should by this means raise more heauy enemies to it selfe . then thaddaeus proceeded to excuse his maister , in all the particular obiections , and desired that hee m●ght be personally heard , but to that the pope replied , if he come i will depart , for i doe not yet finde my selfe fit and ready for martyrdome . yet the english which were there , extorted a fortnights leasure for the emperours comming : but he not daring or disdaining to come , the pope proceeded to this sentence of depriuation ; which , sayes the relater the●eof , he thundred out terribly , not without the amazement and horrour of all the hearers and by-standers . and thaddaeus protested vppon it , this day is a day of wrath , and of calamity and miserie . so this bull proceeded from a distempered pope , and at a time when hee was not assisted with the holy ghost , for he was not in a readines to suffer martyrdome for him . and where the inscription saies , it was presenti concilio ; the margin notes , that it is not said approbante concilio , though it assigne this for the reason , least the pope should seeme to neede the councell . so that , though it reach full as farre as pius the fift his bull against our late queene ( for it depriues , it absolues subiects , and it excommunicates all adherents ) yet it hath nothing by which it should be called a canon , or lawe to direct and gouerne posterity ; for there might be as much infirmity in this act of depriuing , as in the former of excommunicating ; yea it was subiect to much more errour then that acte of spirituall iurisdiction , which hath beene lesse questioned : yet in the preamble of this sentence , the pope saies of those former sentences , if the church haue iniured him in any thing , she is ready to correct her selfe , to reuoke , and to make satisfaction . so that it may be , the pope erred in both these acts . nor doe those wordes which are in the inscription , ad perpetuam rei memoriam , giue it the strength of a precedent , and obligatorie canon , but rather declare out of what shoppe it came , since that is the ordinary stile of the romane court , and not of the canons of councels . nor can it euer be deduced by any consequence , out of this sentence , that the pope hath the same power ouer other soueraigne princes , as he exercised there against the emperour ; because hee proceeded against him ( though vitiously and iniuriously , and tyrannically ) by colour of a superiority claimed by him , and then not denied by the emperour , but testified by diuers oathes of fidelity to him , which cannot be extended against those princes , which admit no dependency vpon him , by any reason conteined in this sentence . by the third of these foure principall rescripts , clement the fift annuls a iudgement made by the emperour henry the seuenth , against robert king of sicily , whom as a subiect of the empire , the emperour had declared a rebell , and depriued him of his kingdome and absolued his subiects of their obedience . and the reasons why the pope interposes himselfe herein , are not grounded vpon his power , as he is pope , or as he is spirituall prince , but meerely as he is a temporall prince . for first he saies , the king of sicily held that kingdome of the church ; and the pope , who was thereby his ordinary iudge , ought to haue beene called to the iudgement ; and that the emperour could not take knowledge of faults committed at rome , as those , with which that king was charged , were laid to be : nor his iurisdiction and power of citation extend into the territory of the church where that king was then residing : nor he bee bound vpon any citation , to come to a place of so certaine danger . it is not therefore for this part of the decretall , that either they alleadge it so frequently , or that albericus laid that marke vpon it , that it betrayed the authority of the emperours ; for in this particular case , i should not bee difficult to confesse , some degrees of iustice , in prouiding that the sentence of the empe●or should not preuaile , where na●urally and iustly it could not worke ; especially the pope proceeding so manne●ly , as to reuoke it after the emperors death ; and as the glosse saies , ad tollendum murmur populi , who grudged that the emperour should dispose of them , who were the subiects of the church . but the danger is in the last clause , which is , we out of the superiority , which without doubt we haue ouer the empire , and out of that power , by which we succeed therein , in a vacancy , and by that power which christ gaue vs in peter , declare that iudgement to bee voide , and reu●ke all which hath beene done thereupon . for the first part of which clause , touching his superiority ouer the emperor , if he had any ( which , as many good authors denie , as affirme it● ) he had it by contract betweene the emperour and the church ; and he neither can , nor doth claime that , at least not all that which hee pretended in the empire , in other princes dominions ; for where doth he p●etend to succeede ●n a vacancy , but in the empire ? and if he had that right , iure diuino , it woul● st●etch to all other places : and ●f it be by con●ract , that cannot be but conditionall and variable in it selfe , and not to be drawen into e●ample to the preiudice of any other prince . and ●or his last title , which is the power deriued by s. peter to him , because in this place he extends it no further but to a defence of s. peters patrimony , and onely by declaring a sentence to be void , which otherwise might scandalize some of his subiects , we haue no reason to exagitate it in this pl●ce , nor haue you any reason to assure your consciences , by the instruction or light of this canon , that that power extends to any ●uch case , as should make you , in these substantiall circumstances , of great de●riment refuse this oa●h . the four●h canon , which is , the clementine of the diuers oathes sworne by the emperours to the popes , though it be euer cited , and be by albericus i●stly accused of iniustice : yet it can by no extension worke vpon your conscience . for the purpose thereof is but this ; that diffe●ences continuing betweene the emperour and the king of sicily , and ●he pope writing to reconcile them , he vseth this as one induction , that they had both sworne fidelity and alleageance to him . the emperor answered , that he vnderstood not that oath , which he had taken , to be an oath of alleageance : and therfore the pope , afte● the emperou●s death , in this decretall pronounces , that they are oathes of fidelities and alleageance , and that whosoeuer shall be created emperour , shall take those oathes , as such . but , to leaue it to the lawyers , ( whose tongues , and pennes are not silenc●d by this decretall , ) to argue whether they be oathes of alleageance , or no , and imposed by the pope essentially , so as the emperour had no iurisdiction without them ( the first being a constitution of the emperour otho , and not of the pope , ( if it be rightly cited by gratian ) the second but an oath of protection of the church , and the pope , and the third , only o● a pure and intire obseruing of the catholique faith ) who can presse an argument out o● this canon , though it we●e wholy confessed and accepted as it lies , that the pope may depose a king of england ? for bellarmine informes your consciences ●ee●er then any of those con●ellors , who auert you from the oath , by this , and such canons● that the empire not depending absolutely vpon the pope , but since charlemains time , this oath of alleageance is taken of the emperour , because the pope translated the empire vpon him . and whether ●his be true or false , in the la●ter part of translation , yet his reason and argument discharges all other supreme princes , ouer whom the pope hath no such pretence . hauing passed through these foure , wee will consider those canons , which are in gratian , to this purpose . the first whereof may iustly be the donation of constantine . which though it be not gratians , but inserted , by the name of palea ( of whom , whether hee were a man of that name , a scho●ler of gratian , or whether he called his ad●dition to gratian , paleas in humility , the canonists are like to wrangle , as long as any body will read them ) yet it is in the body and credit of canon law . towards the credit of this donation , there lackes but thus much , to make it possible , that the emperour had not power , to giue away ha●●e his empire , and that that bishop had not capacitie to receiue it , and but thus much of making it likely , that the church had no possession thereof , but that it remained still with the successors of the emperours : for if it had these degrees of possibility or credibility , & did not speake in barbarous language discording from that time , nor in false latine vnworthy of an emperours secre●arie , nor gaue the pope leaue to confer orders vpon whom he would , nor spoke of the patriarchate of constantinople , before it had either that dignity , or that name , i should be content , as i would in other fables , to study what the allegory thereof should be . but since the pope can liue without it , and az●rius tells vs , that though the donation bee fal●e , yet the pope hath other iust titles to his estates , ( though , by his leaue , he hath no such title , as will authorize him to depose princes , as soueraigne lord ouer all the westerne kings , as they pretend by this , if it were iustifiable ) i will leaue it as they doe , as a thing too suspicious and doubtfull , to possesse any roome , but that which it doth in gratian. onely , this i will adde , that if the power of the emperour were in the pope , by vertue of this donation , yet wee might safely take this oath , because this kingdome hath no dependance vpon the empire . the next that i finde alleadged , ( to keepe this order , as they lie in gratian ) is a sentence taken out of s. augustine , by which you may see how infinite a power , they place in the pope : his words are : if the king must bee obeyed , though hee commaund contra societatem , yea , it is contra societatem , if he be not obeyed , because there is a generall contract in humane societies , that kings must be obeyed ; how much more must we obey god , the gouernour of all creatures ? and do they which alleadge for the popes supremacy ouer princes , intend the pope to be gouernour of all creatures ? doth he gouerne sea , and elements ? or doe they thinke that the will and commandements of god are deriued to vs onely by the way of the pope ? or why should not wee thanke them , for producing this canon , since it is direct , and very strong for kings , and for the popes , it is but common with all other magistrates , who must be obeyed , when god speaks in them , or when they sp●ake not against god ? in the tenth distinction , one pope by the testimony of two other popes , saies , that the ecclesiastique constitutions must be preferred before the emperours lawes : and the cases mentioned there , are the constituting of a met●apolitane , & the dissoluing of a mariage , vpon entring into religion ; to which , i say , that these cases , by consent of the emperours , were vnder their iurisdiction . and if you gather a generall rule by this , of the force of canons aboue ciuill lawes , you proceede indirectly accepting the same persons , for parties , iudges , and witnesses : and besides it is not safe arguing from the emperour to another absolute prince , nor from the authority , which canons haue in his dominions , to what they should haue in all . in the . distinction , a pope writing to a bishoppe of milan , telles him , that the dignities and preheminences of churches , must be as the bishoppe of rome shall ordaine , because christ committed to peter , which hath the keyes of eternall life , iura terreni simul & caelestis imperij but if he meane by his terrenum imperium , the disposing of the dignities and preheminencies of churches one aboue another in this world : or if he meane by it , that he hath this terrenum imperium , as he hath the keyes of heauen , that is to binde and loose sinnes by spirituall censures and indulgences of absol●tion , in which capaci●y he may haue authority ouer the highest secular princes ; for any thing conteined in this oath , this canon wil do vs no harme . but if hee meane that christ gaue him both these authorities together , and that thereby he hath them as ordinary iudge , then bellarmine and all which follow the diuines opinion of indirect power , will forsake him ; and so may you by their example . after , another pope , gelasius writes to anastasius the emperour , comparing secular and ecclesiastique d●gnity . and he sa●es , you know that you depend vpon their iudgement : but this is , saies the glosse , in spirituall matters . and because this canon comes no neerer our question , then to iustifie in the pope a power of excommunicating princes , ( for it assumes no more ●hen ambrose exercised vpon theodosius ) i will stand no longer vpon it . and these be the canons , which out of the distinctions , i haue obserued to be scattered amongst their authours , when they teach this doctrine : for any that preferres priest-hood befo●e principality , seemes to them ●o conduce to that point . now i will follow gratian in his other parts where the first is , the canon nos si incompetenter , which is ve●y of●en vr●ed , but it is so farre ●rom in●luding this power of deposing , that it excludes it ; ●or , allowing the priest powe● to reprehend , and remembring former examples of excommunication , hee addes , nathan in reproouing the king , executed that office , in which he was superiour to him , but he vsurped not the kings office , in which he was inferiour ; nor gaue iudgement of death vpon him as adulterer , or murderer . in the seuenth question of the ninth cause , from the canon episcopo , to the end of that question , there are many sayings , which aduance the digni●y of the romane seate , and forbidde al men to hinder appeals thither , or to iudge of the popes decrees : but all these were in spirituall causes , and directed to spirituall persons , and vnder spirituall punishments . onely , in the canon fratres the king of spaine seemes to be threatned , but it is with excommunication onely . and all these canons together , are deliuered by one pope of another , in whome , sa●es the glosse , it is a familiar kinde of proofe , for one one pope to produce another for witnesse , as god did proue the sinnes of sodome , by angels . and as there is much iniustice in this manner of the popes proceeding , so is there some tincture of blaspemy , in the maner of iustifying it , by this comparison . the canon alius , which droppes out of euery penne , which hath written of this subiect , is the first wherein i marked any pope to speake of deposing ; in this , gelasius writes to anastasius ; a pope to an emperour , that pope zachary his predecessor , had deposed the king of france , because he was vnfit for so great a power . but the glosser doth the pope good seruice , and keepes him within such a conuenient sense , as may make him say true ; for , saies ●e , he deposed , that is , hee gaue consent to them which did depose , which were the states of that kingdome ; which he saies , out of the euidence of the history ; for he is so farre f●om coarcting the popes power , that wee may easily deprehend in the glosse , more ●raud and iniquity , then arrogance and tyrannie in the pope . for , saies he , the vnfitnesse of the french king , was licentiousnesse , not infufficiency to gouerne , for then the pope ought to haue giuen him an assistant . to proue w●ich , he cites two other canons ; in which places it appeares , that to bishoppes vnable by reason o● age , to discharge their functions , the pope assigns coadiutores , and by this the glosser might euict , that he hath the same ordinary authority to dispose of kingdomes , as of bishoprickes . this canon therefore doth onely vnfaithfully relate the act of another pope , and not determine nor decree any thing , nor binde the conscience . in the same question , there is a canon or two , in which our case is thus farre concern'd ; that they handle the popes authority in absoluing and dispensing from oathes : and the first is c●ted often and with great courage ; because besides the word ab omnibus iuramentis , & cuiuscunquemodi obligationibus absoluimus , there followes , parsue thē with the spirituall and materiall sword . but when we consider the case and the history , this power will not extend to our cause . for the pope thereby doth giue liberty to some bishops , to recouer by iust violence , such parts of the church patrimonie , as were taken away from them , and doth dispence with such oathes as they had beene forced to take , by those which iniuriously infested the church . yet i denie not but that the glosser vpon this canon is liberall enough to the pope , for he sayes , hee hath power to dispence against the law of nature , & against the apostle . after this , followes that solemne and famous canon of gregory the seuenth , nos sanctorum . of whom , since he had made a new rent in the body of the church , ( as authors of his own religion ( if he had any ) professe , ) it is no maruaile that he patched it , with a new ragge in the body of the canon law . thus therefore he saies , insisting vpon the statutes of our predecessors , by our apostolique authority , wee absolue from their oath of alleageance , all which are bound to persons excommunicate ; and we vtterly forbid them , to beare any alleageance to such , till they come to satisfaction . but to whom shall these men be subiect in the meane time ? to such a one as will be content to resigne , when so euer the other will aske forgiuenesse ? ambition is not an ague ; it hath no fits , nor accesses , and remittings ; nor can any power extin●guish it vpon a sodaine warning . and if the purpose of popes in these deposings , were but to punish with temporarie punishment , why are the kingdomes , which haue been transferred by that colou● , from hereticall princes , still with-held from their catholique heires ? but who these predecessors , of whom the pope speaks in this letter , were , i could neuer find . and it appeares by this , that this was an innouation , and that he vsed excommunication to serue his own ends , because in another canon he sayes , that many perished by reason of excommunications ; and that therefore he being now ouercome with compassion , did temper that sentence for a time , and withdraw from that band , all such as communicated with the excommunicate person , except those by whose counsaile , the fault was perpetrated , which induced the excommunication . and this , sayes the glosse , he did , because he saw them contemne excommunication , and neuer seek absolution ; for all those whom he exempts by this canon , were exempt before his time by the law it selfe . so that where he sayes temperamus , it is but temperatum esse ostendimus ; and hee did but make them afraid , who were in no danger , and make them beholden to him , whom the law it selfe deliuered . and of this canon in speciall words a one of their great men sayes , that it binds not , where it may not be done , without great damage of the subiect . of his successor , almost immediate , ( for victor the third lasted but a little ) i finde another canon , almost to the same purpose ; for he wr●tes to a bishop , to forbid the souldiers of an earle , who was excommunicate , to serue him , though they were sworne to him . for , saye● he● they are not tied by any authority to keepe that alleageance , which they haue sworne to a christian prince , which resists god and his saints , and treads their precepts vnder his feete . but in this man , as gregories spirit wrought in him , wh●lst he liued , for he was his messenger to publish the excommunication against the emperour in germany , so gregories ghost speakes now ; for all this was done to reuenge gregories quarrell ; though in his owne particular hee had some interest , and reason of bitternesse , for he had beene taken and ill vsed by henry in germany . in the cause there is a canon which tasts of much boldnesse ; what king so euer , or bishop , or great person , shall suffer the decrees of popes to be violated , execrandum anathema sit . but these ( for in this cause there are diuers canons , for the obseruing of the canons ) are for the most part such imprecations , as i noted before , gregory the first ●o haue made for preseruation of the priuiledges of medardus monastery , and some other of the same name ( of which kinde also villagut , hath gathered some other examples ; ) and at farthest , they extend but ●o excommunication ; and are pronounced by the popes themselues , and are intended of such canons , as are of matters of faith , that is , such as euen the popes themselues are bound to obserue ; as appeares here , by leo●he ●he fourths canon , ideo permittente . and here i will receiue you from gratian , and leade you into the decretals , whom they iustly esteeme a little better company . to proue the popes generall right , to interpose in all causes ( which seemes to conduce to the question in hand ) they cite often this case falling out in england ; which is , vpon seuerall occasions three or foure times intimated in the decretals . it was thus : alexander the third , writes to certaine bishoppes in england , to iudge , as his delegates , in a matrimoniall cause . and because the person whose legitimation was thereby in question , was an ●eire , and the mother dead , and the pope thought it not fit , that after her death , her marriage should bee so narrowly looked into , since it was not in her life , therefore he appoints , that possession of the land should bee giuen first , and then the principall point of the marriage proceeded in . and by this they euict for him a title in temporall matters accessorily , and consequently . but if they consider the times , they may iustly suspect vniust proceeding ; for it was when alexander the third did so much infest our king henry the second . and it seemes he did but trie by this , how much the king would endure at his hands ; for when he vnderstood that the king tooke it ill , then came another letter , related also in the canons , wherein hee confesseth , that that matter appertaines to the king , and not to the church , and therefore commaundes them to proceede in the matter of the marriage , without dealing with the possession of the land . another canon , not much vrged by the defenders of direct authoritie , but by the other faction , is a letter of innocent the third . in which letter , i beleeue the pope meant to lay downe , purposely and determinately , how farre his power in temporall matters extended . for it is not likely , that vpon a petition of a priuate gentleman , for legitimation of his children , who doubted not of his power to doe it , the pope would descend to a long discourse and proofe out of both testaments , and reasons of conueniencie , that he might doe it , and then in the end , tell him , hee would not , except hee meant , that this letter should remaine as euidence to posteritie , what the popes power in temporall causes was . let vs see therefore what that is which he claimes . a subiect of the king of france , who had put away his wife , desires the pope to legitimate certaine children which he had by a second wife . and , it seemes , he was encouraged thereunto , because the pope had done that fauour to the king of france before : the pope answers thus , by this , it seemes , that i may graunt your request , because i may certainely legitimate to all spirituall capacities , and therefore it is verisimilius , & probabilius , that i may doe it in temporall . and , sayes he , it seemes that this may be prooued by a similitude , because hee which is assumed to bee a bishop , is exempted thereby from his fathers iurisdiction ; and a slaue deliuered from bondage , by being made a priest : and , hee addes , in the patrimonie i may freely doe it , where i am supreme prince : but your case , is not the same as the kings was , not o●ly for spirituall considerations , which are , that he was lawfully seperated , and pretended neerenesse of blood , and was not forbid to marrie againe , and your proceeding hath beene without colour , and in contempt of the church . but the king , who had no superiour in temporall matters , might without doing wrong to any other , submit himselfe to our iurisdiction ; but you are knowen to be subiect to another . thus farre hee proceeded , waueringly , and comparatiuely , and with conditions and limitations . and least this should not stretch farre enough , he addes ; out of the patrimonie in certaine causes , wee doe exercise temporall iurisdiction casually , which the glosse interprets thus , requested● and the pope hath said before , that he which makes this request , must be one that hath no superiour : and in this place he sayes , that this may not be done , to preiudice anothers right . but after this , vpon a false foundation , that is , an errour in their translation ( where in deuteronomie , death being threatned to the transgressour of the sentence , of the priest and iudge , they haue left out the iudge ) he makes that state of the iewes , so falsely vnderstood , to be a type o● rome , and so rome at this time to be iudge of all difficulties , because it is the seate of the high priest. but he must be thought more constant , then to depart from his first groūd and therefore must meane , when superiour princes , which haue no other iudges , are in such doubtes , as none else can determine , recurrendum est , ad sed●m apostolicam ; that is , they ought to do it , rather then to go to the onely ordinary arbitrator betweene soueraigne princes , the sword . and when such princes doe submit their causes to him , in such cases hee de●lares himselfe by this canon , to be a competent iudge , though the matter be a ciuill businesse , and he an ecclesiasticall person : and though he seeme to goe ●omewhat farther , and stre●ch that typicall place in deuteron . to ●gree with rome so farre , that as there , so here , he which disobeyes , must die , yet hee explanes this death thus , l●t him as a dead man , be seperated from the communion , by excommunication . so that this canon p●rposely enacted to declare temporall authority , by a pope , whom none exceeded in a st●ffe and earnest promo●ing the dignity of that sea , procedes onely by probabilities , and verisimilitudes , and equiualencies , and endes at last with excommunication ; and therefore can imprint in you no reason to refuse this oath . for out of this canon , doth victoria frame a strong argument , that this most learned pope doeth openly confesse , by this canon , that he hath no power ouer the king of france in temporall matters . another canon of the same pope is often cited , by which , when the king of england complain'd , that the king of france had broken the peace , which was confirm'd by oath , the pope writes to the bishops of france , that though he intende not to iudge of that title , in question , which appertaines not to him , yet the periurie belongs to his cognisance : and so , he may reprooue , and in cases of contumacie , constraine , per districtionem ecclesiasticam , without exception of the persons of kings : and therefore , sayes he , if the king refuse to performe the articles , and to suffer my delegates to heare the cause , i haue appointed my legate , to proceede as i haue directed him . what his instructions were , i know not by this ; but beyond excommunication , you see by the text , he pretends not : whatsoeuer they were , this is certaine , that the princes of those times , to aduantage themselues against their enemies , with the popes helpe , did often admit him , to doe some acts against other princes , which after , when the pope became their enemie , themselues felt with much bitternesse . but in this canon , hee disclaimes any iurisdiction to iudge of titles ; which those popes tooke to themselues , who excommun●cated our late queene ( if parsons say true , that they had respect to the iniustice of her title , by reason of a statute ) and all those popes must doe , which shall doe any act , which might make this oath vnlawfull to you . in the title de sent. excom . there are two canons , which concernes onely excommunication of heretickes , and in●ringers o● ecclesiasticke immunitie , and are directed but to one par●icular place . vvhich , though they can impose no●hing vpon your conscience against this oath , may yet teach you not to grudge , that a state which prouides for her securitie by lawes and oathes , expresse it in such words , as may certainely reach to the principall purpose thereof , and admit no euasions . for so these canons doe , when they excommunicate , all of all sexe , , of any name , fauourers , receiuers , defenders , lawmakers , writers , gouernours , consuls , rulers , councellours , iudges , and registers of any statutes , made in that place against church liberties . that the canons haue power to abrogate ciuill lawes of princes , they vse to cite the canon quoniam omne , made by innocent the third , who hath made more canons then halfe of the popes before him . and if this doe not batter downe , yet it vndermines all secular power . for they may easily pretend , that any lawe , may in some case occasion sinne . this canon hath also more then ordinary authority , because it is made in a generall councell : thus it ●aies , absque bona fide , nulla valeat praescriptio , tam canonica , quam ciuilis : and this , saies bellarmine , doth abrogate an imperiall lawe , by which prescription would serue , so that it begann bona fide , though at some time after , he which was in possession , came to know , that his title was ill ; but the canon l●w requires that he esteeme in h●s conscience , his title to be good , all the time , by which he p●escribes . but by this canon , that particular imperiall lawe is no more abrogated , then such other lawes as cannot be obserued without danger of sinne , which includes not onely some ciuill constitutions , but also some other canons ; for your glosser saies , that the canon derogates from all constitutions , ciuill and ecclesiastique , which cannot be obserued without deadly sin : that is , it makes them guilty in foro interiori . he addes , that he doth not beleeue , that the pope did purpose by this canon , to preiudice the ciuill lawes , nor that the wordes are intended of ciuill and secular law , but that by those wordes , tam ciuilis , quam canonica , the pope meanes , that a prescriber malae fidei , is guilty in conscience , whether it be of a matter secular or ecclesiastique . for ( saies bee ) though some say , the pope meant to correct the law herein , yet this correction is not obserued in iudicio seculari . and therefore ( saies hee ) i doe not beleeue , that the pope himselfe is bound to iudge according to this canon , where he hath temporall iurisdiction , because hee hath that iurisdiction from the emperour : therefore the imperiall law standes still , and is not abrogated by this canon , though of a generall councell . this pope also by a canon in the title de voto , hath gone the farthest of any , which haue fallen within my obseruation : for a king of hungary , which had made a vowe to vndertake a warre for hierusalem , preuented by death , imposed the execution thereof vpon his yonger sonne , who binding himselfe to performe it , with the armie which he leuied for that purpose , in pretence , troubled his brother in his kingdome : to him therefore innocentius writes , that except he doe forthwith performe the vow , he shall be excommunicate and depriued of all right to that kingdome ; and that the kingdome , if his elder brother die without issue , shall deuolue to his younger brother . but all these threatnings , except that one of excommunication , were not thundered by the pope , as though hee could inflict them , out of his authority , but he remembers this ill-aduised prince , that except he performe the will of his father , he looses his inheritance by the law : which the glosse in this place , endeuours to proue , and to that purpose cytes , and disputes some of the lawes in that point . the canon solitae , though it be euery where alleadged , and therefore it importunes me to mention it , reaches not to our question , for it is onely a reprehension made by a pope , to a greeke emperour , because hee did not affoord his patriarch of constantinople dignity enough in his place . and he tels him , that he mistakes s. peters meaning , in his epistle , where he teaches obedience to emperours ; for , saies he , he writ but to those which were vnder him , and not to al ; and he did prouoke them to a meritorious humility , not informe them of a necessary duety ; for , saies he , if that place shall be vnderstood of priests , and literally , then priests must bee subiect to slaues , because it is omni creaturae , neyther ( saies he ) is it said , to the king , absolutely precellenti , but tanquam precellenti , which was not added without cause . for ( saies the glosse ) this word , tanquam , is similitudinarium , non expressiuum veritatis ; so that s. peter doth not call the king superiour in truth , but as it were superiour ; as i noted the cardinals to subscribe letters to persons of lower ranke , vester vti frater . and that which followes , of the punishment of euill doers , and praise of god , is not ( saies he ) that the king hath power of the sword ouer good and euill , but onely ouer them , which because they vse the sword , are vnder his iurisdiction . then proceedes he to magnifie priesthood , because ieremie , to whom commission was giuen ouer nations , was descended of priests : and because the sunne which designes priesthod , is so much bigger then the moone : with so many more impertinencies , and barbarismes , and inconsequences , that i wonder why he , who summ'd it , should so specially say of this canon , that it is multum al●egabile . in the canon grauem , honorius the third writes to certaine prelates , whose church had receiued much detriment by a noble-man , that since he hath continued contemptuously vnder excommunication two yeares , if vpon this last monition he refuse to conforme himselfe , they should discharge those churches from their obedience to him , and denounce those which ought him alleageance , to be discharged therof , as long as be remained excommunicate . but it appeares not here , whether hee were a subiect of the romane church or no ; and yet appeares plainely that he was no soueraigne , and therefore no precedent in our case , in which there could not easily be restitution giuen to any , after another were in possession . in the next volume of the law , which they call sex●us , i haue noted in their authours but one canon , which comes within any conuenient distance of this point , which is a letter of innocent the fourth to the nobility of portugall , by which , vnder paine of excommunication hee commaunds them , to receiue the kings brother , as coadiutor to that king , notwithstanding any oath of alleageance , or resistance of the king ; so that they preserued the right in the king , and in his children , if he shall ●aue any : which , being but matter of fact , doth not constitute a rule , nor binde consciences , especially when for the fact it selfe , the note saies in that place , that the pope ought not to haue interposed himselfe in that businesse . in the extrauagants●f ●f pope iohn the two and twenteth , there is one canon which would take great hold of consciences obliged to that sea , but that it proceedes from a pope infam'd for heresie , and claimes that iurisdiction , which it there inculcates , in the right of being emperour , at that time , when the throne , by the death of henrie the seuenth , was vacant . thus it sa●es , since it is cleare in law , and constantly obserued of olde , that in a vacancy of the empire , because then there can be no recourse to any secular iudge , the iurisdiction , gouer●ment , and disposition of the empire deuolues to the pope , who is knowne to haue exercised all these therein by himselfe , or others : whereas diuers continue the offices of the empire , without our confirmation , we admonish all vnder excommunication , euen kings , to leaue off those titles ; and if they doe not so , within two moneths ( how could hee prophesie so long a vacancie ? ) wee will excommunicate the persons , and interdict the dominions of them all , etiam superiores et inferiores reges , and proceede with them , spi●itually and temporally , as we shall farther see to be expedient . and wee absolue all men , of all oathes , by which they were bound to them . but , as i said before , this right of inflicting temporall punishment hee claim●s as emperour ; and the spirituall punishments are threatned to no other , nor in any other capacity , then as they are officers of the empire , of which then hee imagines himselfe supreme prince , and so he is enabled to doe all those acts , vpon any prince which depends vpon the empire , which he might doe ordinarily in the patrimony ; and all , which the pope and the emperour together might doe vpon any prince , which vsurped the titles and dignities of the empire , without the emperours approbation . in the common extrauagants , that which they call vnam sanctam , made by boniface the eight , anno . hath the greatest force of all : both because it intends to proue and to decree a certaine proposition , that it is of the necessitie of saluation to be subiect to the pope , and also because it determines it with essentiall and formall words , belonging to a decree , declaramus , definimus , pronunciamus . and though in the body and passage of the decree , there are sometimes arrogations of secular iurisdiction , by way of argument , and conueniencie , and probable consequence ; yet is there nothing drawne into the definition , and decree , and thereby obligatorily cast vpon our consciences , but onely this , that a subiection to the pope is , of the necessitie of saluation . for , sayes the glosse , it was the intention of the pope in this decretall , to bring reasons , examples , and authorities , to proue that conclusion . so that , as if it pleased him to haue said so definitiuely , without arguing the case , the decretall had beene as perfit and binding , as it is after all his reasons , and argumentation : so doe not his reasons bind our reason , or our faith , being no part of the definition , but leaue to vs our liberty , for all but the definition it selfe . and a catholique which beleeues by force of this decretall , that he cannot be saued except he obay the pope , is not bound to beleeue there●fore , that these words of s. iohn , there shall be one sheepe-folde , and one sheepheard , are meant of a subiection of all christian princes to the pope , as this decretall , by way of argument , sayes ; but he may be bold , for all this , to beleeue an elder pope , that this is spoken of ioyning iewes and gentiles in one faith ; or theophilact , that this proues one god to be the sheepheard of the olde and new testament , against the maniches . nor is he bound , because this decretall saies it by the way , to beleeue that the words in saint luke , behold here are two swords , to which christ did not answere , it is too much , but it is enough , doe proue the spirituall and temporall swords to bee in the disposition of the church ; but he is at liberty for all this , to b●leeue chrysostome , that christ by mentioning two swords in that place , did not meane , that they should possesse swords , ( for what good ( sayes he ) could two swords doe ? ) but he forwarned them of such persecutions , as in humane iudgement would neede the defence of swords . or he may beleeue ambrose , that these two swords , are the sword of the worde , and the sword of martyrdome : of which there is mention in s. luke , a sword shall passe thorow my soule . so that these swords arme them to seeke the truth , and to defend it with their liues : or hee may beleeue s. basil , who saies , that christ spoke prophetically , that they would encline to vse swordes , though indeede they should not doe so . both which expositions of chrysostome and basil , a iesuite remembers , and addes for his owne opinion ; that christ did not confirme two swords to the church , by saying , it is enough , but onely , because they could not vnderstand him , he broke off further talke with them , as we vse when we are troubled with one , who vnderstands vs not , to say , t is well , t is enough . for bellarmine is our warrant in this case , who saies , that those wordes intimate no more , but that the apostles , when persecution came , would be in as much feare , as they who would sell all to buy swords : and that pope boniface did but mystically interprete this place . and as the exposition of other places there cited by boniface , and his diuers reasons scattered in the decretall , ●al not within the definition therof , no● binde our faith ; so doth it not , that those wordes spoken by god to ieremy , i haue set thee ouer the nations , and ouer the kingdomes , and to plucke vp , and roote out , to destroy and to throw downe , to build and to plant , are ve●ifi●d of the ecclesiastique power , though he say it . but any catholique may boldly beleeue that they were spokē only to ieremy , who had no further commission by them , but to denounce , and not to inflict those punishments . for it were hard , if this popes mysticall expositions should binde any man ( contrary to his oath appointed by the trent councell ) to leaue the vnanime consent of the fathers in expounding these scriptures : and so an obedience to one pope should make him periured to another . the last d●finition therefore of this decretall , which was first and principally in the purpose and intention of this pope , which is , subiection to him , is ma●ter of faith to all them , in whom the popes decre●s beget fai●h , but temporall iurisdiction is not hereby imposed vpon the conscience , as matter of faith . but because this canon was suspiciously penn'd , and perchance misinterpretable , and bent against the kingdome of france , betweene which state and the pope there was then much contention , so that therefore it kept a iealous watch vppon the proceeding of that church , clement the fif● , who came to be pope within foure yeares after the making of this canon , made another decree , that by this definition or declaration of boniface , that kingdome was not preiudiced , nor any more subiect to rome , then it was before the making of that decree . and though it was not clements pleasure to deale cleerely , but to leaue the canon of boniface , as a stumbling blocke still to others , yet out of the whole history this will result , to vs , that if this temporall iurisdiction , which some gather out of this canon , were in the pope , iure diuino , hee could not exempt the kingdome of fraunce ; and if it were not so , no canons can create it but euen this exemption of clement proues bonifaces acte to be introductory , and new , for what benefite hath any man by being exempted from a declaratorie law , when for all that exemption , ●ee remaines still vnder the former law , which that declares : so that nothing concerning temporall iurisdiction is defined in that canon ; but it is newly thereby made an article of faith , that all men must vpon paine of damnation be subiect to the church in spirituall causes ; from which article it was necessary to exempt france , because that kingdome was neuer brought to be of that opinion . and in the last volume of the canon law , lately set out in the title , de rescrip . & mand. apost . there is one canon of leo the tenth , and another of clement the seuenth , which annull all statutes and ciuill constitutions , which stoppe appeales to rome , or hinder the execution of the popes bulles ; and inflicts excommunication , and interdicts the dominions of any , which shall make or fauor such statutes . but because these canons doe not define this● , as matter of faith , i doubt not but the catholiques of england would bee loath to aduenture the daungers which our lawes inflict , vpon such as seeke iustice at rome , which may be had here : and they doe , though contrarie to these canons , in continuall practise , bring all their causes into the courtes of iustice here , which , if the canons might preuaile , belong'd to rome . and these be all the canons , which i haue mark'd either in mine owne reading of them , or from other authors which write of these questions ; to bee cited to this purpose . those which concerne ecclesiasticke immunitie , or the popes spirituall power i omitted purposely● and of this kind which i haue dealt withall , i doubt not but some haue escaped me . but i may rather be ashamed of hauing read so much of this learning , then not to haue read all . heere therefore i will conclude , that though to the whole body of the canon law , there belong'd as much faith and reuerence , as to the canons of the old councels , yet out of them , you can finde nothing to assure your consciences , that you may incurre these dangers for refusall of the oath . nor may the pope bee presum'd to imag●ne , that he shal re-establish himself in any place , which hath escaped , and deliuered it selfe from his vsurpations , by any canon law , except he be able to vse that droict du canon , which montmorencie the french constable , perswaded his king to vse against a towne which held out against him . chap. xi . that the two breues of paulus the fift , cannot giue this assurance to this conscience ; first , for the generall infirmities , to which all rescripts of popes are obnoxious : and th●n for certaine insufficiencies in these . though that which hath beene said in the former chapter of the decretall letters of popes , extend also to these breues , since they are all of the same elements and complexion , and subiect to the same diseases and infirmities : yet because these two breues , may bee said to haue beene addressed directly and purposely to giue satisfaction in this particular businesse , they may challendge more obedience , and lay a more obligation then those other decretals , which issuing vpon other occasions , doe not otherwise concerne the question in hand , then by a certaine relation , and consequence , and comparison of the circumstances which produced them , with the circumstances which begot these breues . it seemes that the pope when hee would restraine the subiects of princes , and keepe them short , when he would cut off there naturall and profitable libertie of obeying ciuill lawes , when he would fetter and manacle them in perplexities , and make them doe lesse then they should , to the losse of life , and liberties , he is content to send his breues ; but when he will swell and blow vp subiects with rebellion , when he will fill them with opinions , that they may resist the entrances , or interrupt the possessions of princes , when hee will haue them doe mo●e then they should doe , then come forth his buls . for they say their buls are so called out of the tumor , and swelling of the seale ; and the other , because they are dispatch'd vnder a lesse seale , sub annulo piscatoris , are therefore called breues ; for , in temporall businesses of forraigne princes , his letters are euer defectiue , or abundant ; they command too much , or too little . and as the popes haue euer beene abstinent in declaring and expressing in certaine and euident tearmes , how they haue this temporall iurisdiction , least hauing once ioynde issue vpon some one way , all men should bende their proofes against that , and being once defea●ed , they could be admitted to no other plea , then themselues had chosen to adhere to , and relie vpon : so haue they abstained as much from giuing any binding resolution , in the question , how farre the ciuill lawes of princes doe binde the subiects conscience . for nauar●us testifies of himselfe , and of caietane , and others , that it was much desired of the councell of trent ; that it would haue defined something certainely in that point : for the want of this definition brought him to contradict himselfe , and to hang in a perplexed suspence , and various change of opinions , fiftie yeares ; and at last to resolue , that ciuill lawes do● not binde the consciences , ad mortale , in some such cases , as carninus , his catholique aduersarie , saies , it is haeresi proximum , and temerarium , and sometimes haereticum to say so . if therefore we shall follow in this point carninus his opinion , who deliuers as the most common and most probable , yea , necessarie doctrine , that because ciuill lawes are no more to be called humane lawes , then ecclesiastique are , ( for so also nauarrus confounds the names ) and that in power of binding , humane lawes , that is , ciuill , and ecclesiastique , are equall to diuine law , because in euery iust law the power of god is in●used , and therfore , diuinitas ista ( as he calls it ) inheres in all lawes , & to transgresse them is sin , and not only because the maiestie of god , who quickens and inanimates this law , by a power deriued vpon his lieutenant , is violated thereby , but euen in respect of the matter and subiect , which is in euery law , that is , the common good , and tranquility , and to offend against that , is to offend against rectified reason , and therefore since , this opinion , i say , being receiued as true , and so this law which commaunds this oath , made by a lawfull power , and for the publique good , and generall tranquility , being in possession of the subiects consciences , and binding them vnder danger of mortall sinne , whatsoeuer can warrant any man to transgresse this law , must haue both authority , and euidence enough , to assure the conscience , which till then is bound thereby , that either for some substantiall , or for some formall defect , this was neuer any law , or that it is abrogated , or that the persons of catholiques are exempted from it . and haue these breues of the popes gone about to giue your consciences , as good reasons against the oath , as you were possessed withall before , for it ? are you as sure that these breues , or that any breues can binde your conscience in this case , as you were before , that the law could ? and are you as sure that there are breues , as that there is a law ? if the statute which enacts a subsidie , which by the kings accep●ation becomes a law , and so bindes the conscience , should so esteeme the refusall of the payment of his taxation in any person , to bee an argument of disloyalty , as to make it capitall to refuse it , would you thinke that it such a breue as these are , should tell you , that you might not pay it , with out detriment of christian faith , you might die as martyrs for refusall thereof ? if such a breue should forbid you to suffer your children to bee wards , to deliuer land escheated , or confiscate , to disobey the kings emprest when hee leuies an armie , or any such act due by conscience to his lawes , should this worke so vpon you , as to make you incurre the penalties of lawes , or suspicion of ill affected subiects ? nor can you say , that these are meere temporall matters , and therefore remoued from his iurisdiction ; for all sinne is spirituall , and hee is iudge what is sinne . how weake a ground for martyredome , and how vnsufficient to deuest a conscience of an obedience , imposed in generall by nature , and fastned with a new knot by an expresse law , are such sickly and fraile breues , as the smallest and most vndiscernable errour , euen in matter of forme doth annihilate ? for first , in the ti●le of constitutions and rescripts of popes ( which is alwaies the next title to that of the trinity and cathol●que faith , in all the bookes of the canon law , except those bookes which haue no title of the trinity & catholique faith ) there appeares very many reasons by which a breue may bee of no force . alexander the third , w●iting to an archbishop of canturbury , giues a rule of large extent ; that in these kinde of letters ( that is , such as proceede vpon information , as our case is ) this condition ; if the request be vpon true grounds , is euer vnderstood , though it be not expressed . and writing to the archbishoppe of rauenna , he saies , if at any time we write such things to you , as exasperate your minde , you must not bee troubled ; but diligently considering the quality of the businesse , whereof we write , either reuerently fulfill our command , or pretend by your letters a reasonable cause why you cannot : for we will endure patiently , if you forbear to performe that , which was suggested to vs by euill information . and so doth that title abound with interpretations , limitations , and reuocations of such breues . and not onely delegate iudges , and such persons as ha●e an inward knowledge , of errour in the cause which mooued the pope to write , haue power to iudge these breues , to bee inualid , and of no force , but euery schoole-master . for lucius the third , by a rescript of his forbids any credit to be giuen to any rescript , in which there is false latin● to which also the glosser adds , that it vitiates a breue , if the pope speake to any one man in the plurall number ; or call a patriarch or a bishop sonne . and , as many omissions , and many adiections in the body of the breue , eyther in matter , or in forme do●h annull it , so would it make any considerate conscience to doubt , whether such a breue can warrant the expence of blood , or incurring other capitall dangers , that obserues , how often the breues which haue issued vpon best consideration and assistance of counsell , haue beene reuoked ; not vpon new emergent matter , but vpon better knowledge of the former . of which it seemes to me to be of good vse , to present one illustrous and remarqueable example . eugenius the fourth , hauing first by one bull dissolued the councell held at basil , and transfered it to another place , the councell for all that proceeding , the pope by a second bull , annuls all which that councell had yet , or should after decree ; and this , by the councell , and assent of the cardinals . after this the councell cytes him , and all his cardinals , vpon whom it inflicts confiscation , and other penalties , if they forbeare to come . and then the pope by a third bull annuls that decree of citation , and excommunicates al persons , euen kings and the emperour , if they execute vpon any , that decree of the councell . and then he publishes a fourth bull , by which he answeres all obiections made against him by the councel , and hauing so established his owne innocence , he annuls all acts made in preiudice thereof , and this also with assent and subscription of the cardinals . and at last he sends out a fift bull , in which hee takes knowledge , that his first bull of dissoluing the councell , had occasioned many grieuos dissentions , and was like to occasion more , and therefore now , he decrees and declares ( by the councell and assent of his cardinals still ) not only that the councell of basil should from thenceforth be good and lawfull , but that it was so , when that bull came , and that it had beene so from the time of the beginning thereof . and so in expresse wordes , hee annuls his annulling of it : and he reuokes two former buls , and pronounces them irritas , annullatas , cassatas ; by the first whereof he had disabled the councell , and by the second had excommunicated princes , which should execute that , which he pronounces now to be iust : and of the other bull he saies , it proceeded not from him , nor by his knowledge , though it were testified by the cardinals , and endorsed formally by his secretary . and euen this last bull of so many reuocations , annihilations , and tergiuersations was not thought strong , nor out of the danger of being reuoked againe , till the councell accepted it , and ratified it by applying the bvll and seale of the councell to it . so is it familiar in the popes , not for the variety of iust occasion , but for pe●sonall hate to their predecessors , to annull the acts of one another . so stephen the sixth or seuenth , abrogated omnes ordinationes , of pope formosus , and digged him vp , and cut of some of his fingers , and cast him into tyber , and made all to whom he had giuen orders , take new orders againe . and next yeare pope romanus abrogated all stephens acts ; and within seuen yeare after , came sergius , who refreshed the hate against formosus , and beheaded his body ; which i wonder how he found , since pope stephen had so long before cast it into tyber . and in a matter so mainly concerning faith , as amongst them , an autentique translation of the bible , is , betweene the edition of sixtus the fift , and the edition of clement the eight , there is so much difference , euen in absolute and direct contradictions , as he which reades the seuerall breues , by which those two editions are authorised ; both hauing equall iustifications of the present editions , equal absolutions from oathes for admitting any other , equall imprecations and curses , for omitting these , may well thinke that that is a weake and litigious title to ma●tyrdome , which is grounded vpon the popes breues , which he himselfe , when he sends them , knowes not whether they be iust or no. for , as they haue forbidden many lawfull things , and offered to destroy the lawes themselues , so haue they allowed and authorized manie things , which our owne reason , and discourse , and experience , can conuince of falshood . it is the common opinion that eugenius the third , confirmed gratian● of whom , we may be bolde , out of that learned bishop which hath made animaduersions vpon him , ●o say , that he knew neither things nor words , mistooke matters and names , erred in places , and times , and had neither seene fathers , councels , nor rolls . and though this b●shop seeme not to beleeue that eugenius did confirme him , yet hee confesses , that hee which doth beleeue such a confirmation , is bound thereby to beleeue as many errours , as are in gratian. for , it seemes we haue no longer liberty to doubt , after such a confirmation : as it will follow euidently out of bellarmines fashion of arguing , when he sayes , we are bound to obay the pope , when hee institutes a festiuall of a saint ; yet wee are neuer bound to doe against our conscience ; and therefore we may no longer doubt it ; but wee must make his decree our conscience . so that if either eugenius confirmed it before , or gregory the thirteenth since , our liberty is precluded , and we must credulously , and faithfully swallow , not onely all the vnwholsome , and insipid negligences , ignorances , and barbarismes of gratian , but all the bitter and venomous mixtures to christs merit , and all the blasphemies and diminutions of his maiest●e , which boniface the ninth , and martin the fift , haue obtruded to vs , by approuing and confirming by their bulls , the reuelations of saint brigid ; for so sayes paleotus they haue done . these heauie inconueniencies , and dangerous precipitations into errours , being foreseene by some of the ancient schoolemen , out of their christian libertie , and prudent estimation of the popes authoritie , they haue pronounced this infallibilitie of iudgement , to bee onely then in the pope , when he doeth applie all morall meanes to come to the knowledge of the trueth ; as , hearing both parties , aud waighing the pressures and afflictions , which he shal induce vpon them whom he inflames against their p●ince , and proceeding mildly and dispassionately , and not like an interessed person , and to the edification , not destruction of them , whom onely he esteemes to be his catholicke church . and this seemes so reasonable , that though the iesuite tannerus at first cast it away , as the opinion onely , quorundam ex antiquioribus scholasticis , yet afterwards hee affoords an interpretation to it ; but such a one , as i think any catholique would be loth to venter his martyrdome thereupon , if he were to die for obedience to a breue . for thus he saies , in euery matter , when a hypotheticall proposition is made , of the condition whereof we are certaine , then the whole proposition must not be said to be hypothetically and conditionally true , but absolutely . and this he exemplifies by this proposition : if christ doe come to iudgement , there shall be a resurrection , which proposition is absolutely and not conditionally true , because we are certaine that christ will come to iudgement : and so he saies , that it is the meaning of all them who affirme that the pope may er●e , except he vse ordinarie meanes , onely to inferre , that hee dooth euer vse those meanes , without all doubt and question . but with what conscience can this iesuite say , that this was the meaning of these schoolemen , when in the same place it appeares , that the purpose of those schoolemen , was ●o bring the pope to a custome of calling councels , in determining waighty causes ; for when they say , he may erre except hee vse ordinarie meanes , and they intended generall councels for this o●dinary meanes , can they bee intended in s●yin● so● to meane that the pope did euer in such cases vse genera●l councels , when they reprehended his neglecting that ordinary meanes , and laboured to ●educe him ●o the practise thereof ? and though most of these infirmities incident to breues in generall , doe so reflect vppon these two breues in question , that any man may apply them , ye it may doe some good to come to a neerer exagitation and tri●l● of the necessary obliga●ion which they are ima●ined to imposed . it is good doctrine which one of your men teaches ; that euen in lawes , euery particular man hath power to interprete the same to his aduantage , and to dispence with himselfe therein , if there occurre a sudden case of necessity , and there be no open way and recourse to the superiour . the first part of which rule would haue iustified them , who tooke the oath before the breues ( though they had had some scruples in their conscience ) by reason of the great scandall to the cause , and personall detriment , which the refusall was li●ely to draw on . nor can the catholiques be said , to haue had as yet recourse to their superiour , when neither their reasons haue beene aunswered or heard , which thinke the oath naturally and morally law●ull , nor theirs who thinke , that in these times of imminent pressures and afflictions , all inhibitions ought to haue beene forborne , and that any thing which is not ill in it selfe , ought to haue been permit●ed for the sweetning and mollifying of the state towards them . their immediate superiours here in england haue beene in different opinions , and therefore a recourse to them cannot determine of the matter : and for recourse to the pope , the partie of secular priests haue long since complained , that all waies haue beene precluded ag●inst them . and if they had iust , or excusable reasons to doubt , that the first breue issued by subreption , they had more reasons to suspect as many infirmities in ●he second , because one of the reasons of suspecting the first , being , that their reasons were not heard , but that the pope was mis-informed , and so misledde by hearking to one partie onely , the second breue came , before any remedy or redresse was giuen , or any knowledge taken of the complaint aga●nst ●he first . certainely i thinke that if he had had true in●ormation , and a sensible apprehension , that the s●ffe●ing of his party in this kingdome , was like to b● so heauie , as the lawes threatned , and a pertinacy in this re●usall , was likely to extort , hee had beene a lauish and prodigall steward of their liues , and husbanded their bloods vnthriftily , if he had not reserued them to better seruices heereafter , by forbearing all inhibitions for the present , and confiding and relying vpon his power of absoluing them againe ; when any occasion should present it selfe to his aduantage , rather then thus to declare his ambitions , and expose his seruants and instruments to such dangers , when by this violence of his , the state shall be awakened to a iealous watchfulnes ouer them . it is not therefore such a disobedience as contracts , crinduces sinne ( which it must be , i● it be matter enough for martyrdome ) not to obey these breues , though thus iterated ; for it is not the adding of mo●e cyphars after , when there is no figure before , that giues any valew , or encrease to a number . nauarrus vpon good grounds , giues this as the resultance of many canons there by him alleadge , that it is not sinne in a man not to obey his superiour , when hee hath probable reasons to thinke , that his superiour was deceiued in so commaunding , or that he would not haue giuen such a command , if he had knowne the truth . and can any catholique beleeue so profanely of the pope , as to thinke , that if hee had seene the effects of the powder treason , euery church filled with deuout and thankfull commemorations of the escape , euery pulpit iustly drawing into suspition , the maisters which procured it , and the doctrine wherewith they were imbued , euery vulgar mouth extended with execrations of the fact , and imprecations vppon such as had like intentions , euery member of the parliament studying , what clau●es might be inserted for the kings security , into new lawes , and the king himselfe to haue so much moderated this common iust distemper , by taking out all the bitternesse and sting of the law , and contenting himselfe , with an oath or such obedience as they were borne vnder , which i● they should refuse , there could be no hope of farther easinesse , or of such as his maiestie had euer shewed to them before , might any catholique , i say● beleeue , that the pope if he had seene this , would haue accelerated these afflictions vpon them , by forbidding an act , which was no more but an attestation of a morall truth , that is , ciuill obedience , and a profession , that no man had power to absolue them , against that which they iustly auerred to be such a morall & indelible truth ? might he not reasonably and iustly haue applied to the pope , ●hat which anselmus is said to haue pronoūced of god himselfe , minimum inconueniens est deo impossible , and concluded thereupon , that it was impossible for the pope to be author of so great inconueniences ? and if the popes breues were not naturally conditioned so , that in cases of enormou● de●ri●ment and inconuenience , to the cause and per●ons , the rigour thereof might be remitted , since in such occurrences , the reason of those breues doth euiden●ly cease , which is euer , vnderstood to be the aduancement of the romane church ; and if in all cases , all breues must haue their full execution vnder the paines and penalties inflicted therein , the catholiques of england are in worse condition by some former breues of the popes , then the offending and violating these two later , can draw them into . for ( to omit many of like , and worse danger ) that generall rescript of clement the seuenth , which i mentioned before , pronounces , that not onely by the bulla caenae , all such are excommunicated though they be princes , as hinder the execution of the apostolique letters , or such as giue such hinderers any counsaile , helpe , or fauours directly , or indirectly , publiquely , or secretly , or by any colour or pretence , ( which words will reach to all those , who haue refused , or doubted and disputed these breues ) but also that the kingdomes and places , where those offende●s are remaining , are interdicted ; and then in the rigour of this breue , how can the priests exercise their functions heere in england , if the bulla caenae , and a locall interdict oppresse it . and by such seruile obedience to breues , as this is all suc● catholickes as haue relieu'd & succor'd themselues , with that weake distinction of the ●ourt of rome , and the church of rome , shall loose and forfeit all the aduantage which that affoorded them ; for , when they shall bee pressed with numbers of veniall indulgences , and of ambitious buls , and vsurpations vpon the right of other princes , they shall not bee able to finde this ea●e , to dischardge all vpon the court of rome , if the church of rome make it matter of faith to obey the rescripts of the court of rome , which produce these enormities . for since the pope is the church , how can you diuide the church from the court ? since , either as the court is aula or curia , the pope is the prince , and as it is forum , he is the iudge , and the ordinarie . and since all those buls , which are loaded with censures , or with indulgences proceede from him as he is the church , ( for those powers are onely in the church ) how can you impute to his act any errour of the court ? it was whilst nero continued within the limits of a good and a iust prince , that tacitus said of him , discreta fuit domus a repub. but when hee stray'd into tyrannie , it was not so . nor is the court of rome , any longer distinguished from the church of rome , if the church iustifie the errours of the court , and pronounce , that hee which obeyes not that court , is not in that church , as it doeth in excommunicating all them , which obey not the rescripts and breues of popes . so that when bellarmine vndertooke to aunswere all , which had beene obiected out of dante , and bocace , and petrarche , against rome , it was but a lasie escape , and around and summarie dispatch vpon wearinesse , to say , that all that was meant of the court of rome , not of the church ; and therefore it was a wise abstinence in him , not to repeate petrarchs words , but to recompense them by citing other places of petrarch in fauour of the romane church . for though petrarch might meane the court , by the name of babilon , and by imputing to it couetousnesse and licentiousnesse , yet when he charges rome with idolatrie , and cals it the temple of heresie , can this be intended of the court of rome ? the disobedience to popes ( in whome no moderate men euer denied some degrees of the leauen and corruption , of such passions and respects as vitiate all mens actions ) was not alwayes esteem'd thus hainous , though in matters neerer to the foundations of faith , then these which are now in question . the famous dissention betweene pope stephen and cyprian , is good euidence thereof . for though now they say , that the pope did not pronounce , de fide , against rebaptization , but onely say , that it might not bee vsed : and that he did not excommunicate cyprian , but onely say , that he ought to be excommunicate ; yet this is as farre as the pope hath proceeded with you : and after he had done thus much , bellarmine saies , it was lawfull for cyprian to differ from him : because hee thought that the pope was in a pernitious errour . and though cyprian is neuer found to haue retracted either his doctrine of rebaptization , or his behauiour to the pope , yet the seuerest idolaters of that sea , haue neuer denied him a roome amongst the blessed saints of the purest times . and tho●gh they are for their aduantage content to say now , that cyprian was neuer excommunicated , yet it is not denied by baronius , but that ignatius the patriarch of constantinople was , and that he died excommunicate ; and resisted to the end of his life , the popes rescripts , by which hee was commaunded to leaue all the countrie of bulgaria to the iurisdiction of the church of rome . but this ( saies baronius ) he did not out of any displeasure to the pope , but to defend the iurisdiction of his church , as he was bound by oath , vnder the da●ger of damnation : for his purpose was not to take away anothers right but to keepe his owne . and was not this your case , before the breues came ? is not ciuill obedience either really or by intention and implication sworne by euery subiect to the king in his birth , and after ? and do you not by this last oath defend , not onely the kings right , as you are bound , vnder danger of damnation , but your owne libertie who otherwise must bee vnder the obedience of two maste●s ? and haue these two breues made your case to differ so much from his , that that which was lawfull to him , may not be so to you ? when as to you the breues haue onely brought a naked and bare commandement , without taking knowledg of your allegations : but the pope gaue ignatius three seuerall warnings ; and disputed the case with him : and tolde him that by the records at rome , it was euident , and that no man was ignorant , that that region belong'd to the romane church , and that ignatius his pretences to it , because the enemy had interrupted the romane possession were of no force ; which he proues by a decree of pope leo , and diuers other waies : yet for all this , ignatius held out , endured the excommunication , and died vnder that burden , and yet god hath testified by many miracles , the holinesse and sanctitie of this reuerent man. dioscorus the bishop of alexandria , exceeded al these passiue disobediences and contempts of the popes , and proceeded to an actiue excommunication of the pope himselfe : and yet for all this , it is said of him , non errauit in fide . and what opinion was held of our bishoppe grosthead , that his disobedience to the pope despoiled him not of the name of catholique , a late neophite of your church hath obserued . for the pope is subiect to humane errors , and impotencies ; and when a great sword is put into a weake hand , it cannot alwaies be well gouerned ; and therefore when bartholinus an aduocate in the court of rome , a bolde and wittie man , had aduentured to co●uay secre●ly cer●aine questions , in which he decl●red his owne opinion affirmatiuely ; amongst which , one was , that if the pope were negligent , or insufficient , or head-strong to the danger of the church , the cardinals might appoint him a curator and guardian , by whom hee should dispatch the affaires of the church , his reasons are said to haue preuailed with excellent masters in theology , and doctors in both lawes , and that many cardinals adbered thereunto , till the pope comming to the knowledge thereof , imprisoned six of the cardinals , and confiscated their estates . but if , as it is forbidden vnder excommunication , to make any comment vpon one canon which concernes the priuileges of the franciscans , ( which were the best labourers in the popes vineyard , til the iesuits came ) so it were forbidden vpō like penaltie , to interpret the popes breues , yet no such law can take away our natural libertie , nor silence in vs these dictats which nature inculcates , that against the end for which it was instituted , no power can be admitted to worke . for from your syluester wee learne , that the popes precepts binde not , where there is vehement likelyhood of trouble or scandall . and so he puts the iustifying and making valid the popes breues , to the iudgement of considerate men , though parties . so also is it said there , that it is not the purpose nor intention of the church to bee obeyed in such dangers ; for auoydance of scandall , is diuine law , and to be preferred before any commaund of a pope , which is but humane law : for diuine positiue law yeeldes to this precept of auoyding scandall , as i noted before , in the integrity of confession , where some sinnes may be omitted , rather then any scandall admitted . and therfore their great victoria complaines iustly of great inconueniences , a if all matters should be left to the will of one man , who is not confirmed in grace , but subiect to error : or which , saies he , i would it were lawfull for vs to doubt , meaning that daily experience made it euident ; for so hee addes in the point of dispensations , we see daily so large and dissolute dispensations , as the world cannot beare it . and not long after , in the same lecture he ●aies , b we may philosophy , and we may imagine , that the popes might be most wise men , and most holymen , and that they would neuer dispense without lawfull cause , but experience cries out to the contrary , and we see that no man which seekes a dispensation misses it . and therefore we must dispaire if it be left , arbitrio humano : for ( saies he ) the pope must trust others , and they may deceiue him , if hee were saint gregory himselfe . and he addes further , c we talke as though wee needed great engines to extort a dispensation , as though there were not me expecting at rome , when any man wil come and ask a dispensation of all those things , which are prouided against by the lawes : and though hee confesse , that former popes were not so limited , as he desiers the popes in these times , might be , it was , saies hee , because they did not presume , so easily to dispence against councels . da mihi clementes , prouide me , sayes he , such popes as clement , linus and syluester were , and i will allow all things to be done , as they list . and then since de facto , it may bee , and often is so , whether a precept of the popes , doe worke to that end for which the church gouernment was committed to him , or no , naturall reason , sayes a e learned iesuite , will instruct vs. who thereupon makes a free and ingenuous conclusion , in a question of the popes power in making a law , of electing a successour , that the pope might make such a law , if hee would , but the church would neuer receiue it . which how could azorius pronounce , or know , but by the insinuation of naturall reason , and conueniencie ; which counsailer and instructer , euery other temperate and intelligent , and dispassioned man , hath as well as he ? and so also saies fran. a victor . and as manie as speake ingenuously , that where the mandates of the pope , are in destru●tione ecclesiae , they may be hindred and resisted . for in the greatest effect which can be attributed to the popes bulls , in these temporall affaires , which is , discharging of subiects from their obedience , that peremptorie canon , nos sanctorum , bindes not , except it may bee done without grieuous damage to the subiect , and though by the vertue of that canon , they may forbeare their obedience if they will , yet they are not bound thereby to doe it . yea , it were vnlawfull , to denie that obedience , in cases of scandall or tumult . for so also , sayes another of your great men , it is often expedient to obey euen an vniust law , to auoid scandall . a and the late vn-entangler of perplexities , comitolus the iesuite , who vndertakes to cleare so many cases , which nauarrus and many others left in suspence , when he comes to handle the question , whether a professor of the romane faith , being sent into those parts where the greeke church obserues other rites , may goe to their seruice ; in such cases as he allowes it , he builds vpon this reason , that by the law of god , and of nature , it is lawfull , and the precepts of the church , ( which forbid this ) doe not binde christians , in cases of great detriment to the life , or soule , or honor , or fame , or outward things . since therefore a ciuill constitution , which in power of binding , and all validities , except immura●lenesse , is by your owne authors equall to diuine , had possessed your conscience , and so refreshed by a new solicitation your naturall & natiue alleageances , so that no breue could create in you a new conscience , in this case , no more then if it had forbidden obedience to the common law , or any other statute , because it belongs not to you to iudge what is sinne , and what conduces to spirituall ends , since by the testimonie of the popes owne breues , his breues are subiect to many infirmities , and open to the interpretation of meane men , since they are often reuoked , and pronounced to haue beene voide from the beginning , vppon such reasons as it is impossible for you to suspect or spie in them , when you admit them , since these breues haue contributed their strength , and giuen authority , to vaine , and to suspitious , and to false , and to blasphemous legends , since the pope is allowed , to neglect all waies of informing himselfe of the ●ruth , in the most generall & most important matters , since recourse to your superiours is not affoorded , which you know both by the practises of one partie and faction at rome , and also by effects thereof , because by the second breue , the complaints against the first were not remedied , and since in such cases , the interpretation and dispensation of breues , when necessitie oppresses you , belongs to your selfe , who cannot bee esteemed disobedient , for abstaining from doing such a commaund , as you doe iustly thinke to be erroneous , and that your superiour would not importune it , if hee knew perfitly your condition , and estate : since their rigorous obseruation of breues , might cast you vnder a locall interdict , and sterue you for spirituall food , and makes you iustifie all the errou●s of the court of rome , by making the court , & the church , all one : since cyprian , ignatius and others , haue beene iustly reputed holy men , & saints , though they disobeyed the precepts of popes , made vpon more reasons , and stronger comminations , and broken with lesse excuse , then these breues may be by you : since lastly the pope cannot by pretence of aduauncing the church serue his owne ambitions to your destruction , you may as well flatter your selfe , with specious titles , for not swimming if you were cast into a riuer , or for not running out of a house , if it were ready to fall vppon you , as you may thinke your selues confessors ( in your sense ) for suffering t●e penalties of this law , or they may thinke themselues martyrs , whose execution ●or other treasons , this refusall may hasten . chap. xii . that nothing requir'd in this oath , violates the popes spirituall iurisdiction ; and that the clauses of swearing that doctrine to bee hereticall , is no vsurping vpon his spirituall right , either by preiudicating his future definition , or offending any former decree . the same office which our s●erties performe for vs , at our baptisme and regeneration , the lawe vnder●akes at our ciuill birth ; for the law is communis sponsio reip. and as they which were our stipulators at the font , take care when we come to abilitie of discretion , that we doe by some open declaration , as frequenting diuine seruice , and so communicating with the church in the worde and sacraments , testifye that wee acknowledge our selues incorporated and matriculated into that christian warfare , wherin they entred our names , so hath law prouided , that when we grow to be capable of good and euill , wee should make some publicke protestations of that obedience to the prince , which by our birth in his dominions , and of his subiects , wee had at first contracted . thereupon hath it proceeded that by our lawes at sixteene yeares of age , an oath hath beene requir'd of euery subiect . and besides this generall oath , it hath in all well gouern'd estates , beene thought necessary , that they which were assum'd to any publicke function in the state , should also by another oath , appropriated to that calling , be bound to a iust execution of that place ; and therfore it seemes reasonable which a lawyer sayes , that he which vndertakes to exercise any office , before he haue taken the oath , belonging thereunto , tenetur maiestatis , because he seemes to doe it by his owne authoritie . nor might a souldier , though hee were in the tents at the time of battell , be admitted to fight against the enemie , if he had not taken the oath . and the notaries in the courts of rome , if they delay to dispatch them , who would by appeale , or otherwise bring causes into those courts , are by a l●te decretall guilty of periury , because being sworne to aduance the profit of that place , and the apostolique authority , this is accounted an interpretatiue periury . so also hath it beene a wise and religious custome , in matters newly emergent , and fresh occurrences , if either forraigne pretences , or inward discontentments , threatned any commotions in the state , to minister new oathes , to all whom it might concerne ; not as newe o●lig●tions , but as volun●ary and publique confessions , that all the former oathes sworne in nature and in law , doe re●ch and ex●end to that case then in question , and that they were bound by them , to the maintenance of the peace and tranquility of the present state. and at no time , and to no persons , can such oathes be more necessary , then to vs now , who haue beene awakened with such drummes as these , there is no warre in the world so iust and honourable , be it ciuill or forraigne , as that which is waged for the romane religion . and especially in this consideration are oathes a fit and proper wall and rampart , to oppose against these men , because they say , that to the obedience of this romane religion , all princes and people haue yeelded themselues , eyther by oath , vow , or sacraments , or euery one of them . for against this their imaginary oath , it is best , that a true , reall , and lawfull oath be administred by vs. the iesuites which in their vowe to the popes will , haue sworne out all their obedience at once , in a hyperbolicall detestation of oathes , doe almost say true , when they professe , that they auoide an oath worse then periury : but though they haue borrowed this protestation of the esseni , who were in so much estimation amongst the iewes , yet this declining of oathes wrought not vppon them , as it doth vpon the iesuites ; for the esseni did willingly take oathes , that they would attempt nothing against the magistrate ; out of this reason , that they beleeued it hapned to no man , to be a gouernour without the pleasure of god● since therefore the iesuites abhorre such oaths , & it is a good presumption , that schollers are guilty if their masters were , and sonnes are punished , because they are iustly suspected to inherit their fathers malignity , and ill disposition ; it was necessary to present such an oath , as might discouer how much of their masters poison , and of their fathers ill affections to this state , the iesuites disciples , and spirituall sonnes had swallowed and digested . and when an oath is to bee conceiued and framed , which hath some certaine scope and purpose ; it were a great impo●encie or slackenes in the state , if it should not be able , or not dare to expresse it in such tearmes , as might reach home to that purpose , and accomplish fully all that which was intended therein ; especially in these times of subtile euasions and licentious equiuocations . when paulus . had a purpose to take in , and binde more sorts of men , by that oath which was framed according to the trent councell , for them onely who were admitted to spirituall dignities , and some few others , and so to swear all those men fast to the doctrine of that councel , and to the obedience of the church of rome , it is expressed in so exquisite and so safe wordes , as can admit no escape . for , how ignorant soeuer he be in controuerted diuinity , euery one which takes that oath , must sweare , that there are seuen sacraments instituted by christ ; which any of their doctors might haue doubted and impugn'd an houre before ; as it appeares by azorius , that alensis and bonauenture did of confirmation , hugo victor and lombard of extreame vnction , hostiensis and d●randus of matrimony , and others of others : and he must sweare , that he beleeues purgatory , indulgences , and veneration of reliques : and hee must sweare , that all things contrary to that co●ncell are hereticall . and this oath is not onely canonized ( as their phrase is ) by being inserted into the body of the canon law , but it is allowed a roome in the title , de summa trinitate , & fide catholica , and so made of equall credite with that . and that a oath by which the cardinals are bound to the maintenance of the church priuileges is conceiued in so strong and forcible wordes , that baronius calls it terribile iuramentum , & saies , that the only remembring of it inflicts a horror vpon his minde , and a trembling vpon his body . and with equall diligence are those oathes framed which are giuen to the emperours , when they come to be crowned by the pope . for before he enters the land of the church , he takes one oath , domino papae iuro , that i will exalt him with all my power . and before he enters rome , he sweares , that he will alter nothing in that gouernement , and before he receiues the crowne , he sweares , that he will protect the popes person and the church . and in the creation of a duke , because hee might haue some dependance vpon another prince , the pope exhibites to him this oath ; i vow my reuerence and obedience to you , though i be bound to any other . so did gregory the seuenth exact a curious oath of the prince of capua , that he would sweare alleageance to the emperour , when the pope or his successors should admonish him thereto , and that when hee did it , he would doe it , with reseruation of his alleageance to the pope . and so when the emperour henrie the seuenth , though he confessed that he had swo●ne to the pope , yet denied that hee vnderstood that oath to be an oath of alleageance or fidelity , the popes haue tooken order , not onely to insert the oath into the body of the canon lawe , but to enact thereby , that whosoeuer tooke that oath after , should account and esteeme it to bee an oath of alleageance . with how much curiositie and vnescapablenesse their formes of abiuration vnder oath are exhibited ? they thought they had not giuen words enow to berengarius , till they made h●m sweare , that the body in the sacrament , was sensibly handled , broken , and ground with the teeth ; which he was bound to sweare , per homousion trinitatem . and they dressed and prepard hierome of prage , an oath , in the councell of constance , by which he must sweare , freely , voluntarily , ( or else bee burned ) and simplie , and without condition , to assent to that church , in all things , but especially in the doctrines of the keyes , and ecclesiastick immunities and reliques , and all the ceremonies , which were the most obnoxious matters . but yet this seem'd not enough ; and therefore , though castrensis say , that there is no law , by which he which abiures , should bee bound to abiure any other heresie , then that of which he was infamed , yet hee sayes that it stands with reason , that he should abiure all . and accordingly the inquisition giue an oath , in which , sayes hee , nulla manet rimula elabendi ; for he must sweare , that he abiures all heresies , and will alwayes keepe the faith of rome ; and that he hath told all , of others , and of himselfe , and euer will doe so ; and that if he doe not , he renounces the benefit of this absolution , and will trouble the court with no more dayes of hearing ; but sayes he , ego me iudico . and if wee doe but consider the exacte formes , and the aduantagious words and clauses , which are in their exorcismes , to cast out , and to keepe out diuels , they may be good inducements , and precedents to vs , how diligent we should be , in the phrase of our lawe● , to expell and keepe out iesuites , and their legion , which are as craftie , and as dangerous . when therefore it was obserued , that not onely most of the iesuites bookes which tooke occasion to speake either of matter of state , or morall diuinitie , abounded with trayterous and seditious aphorismes , and derogatorie from the dignitie of princes in generall ; but that their rules were also exemplified , and their speculations drawne into practise in this kingdome , by more then one treason ; and by one , which included and exceeded all degrees of irreligion and inhumanity , then was it thought fit to conceiue an oath , whose end , and purpose , and scope was , to try & finde out , who maintained the integrity of their naturall and ciuill obedience so perfectly , as to sweare , that nothing should alter it , but that he would euer do his best endeuour to the preseruation of the prince , what enemie so euer should rise against him . and if any of the materiall words , or any clause of the oath , had beene pretermitted , then had not the purpose and intent of the oath beene fulfilled ; that is , no man had auerr'd by that oath , that he thought himselfe bound to preserue the king against all enemies , which to doe , is meere ciuill obedience . for though the generall word of enemie , or vsurper , would haue encluded and enwrapped as wel the pope , as the turke , when either of them should attempt any thing vpon this kingdome● yet , as it hath euer beene the wisdome of all states , in all associations and leagues , to ordaine oathes proper to the busines then in hand , and to the imminent dangers : so now it was most necess●rie to doe so , because the malignitie of men of that perswasion in religion , had so violently broke foorth , and declar'd it-selfe ; which happie diligence , the effect praises and iustifies enough , since it appeares , that if these particular clauses had not beene inserted , they would haue swallowed any oath , which had beene presented in generall termes and haue kept their consciences at large to haue done any thing , which this oath purpos'd to preuent . he therefore that should desire to bee admitted to sweare , that hee would preserue the king against all his enemies , except the pope , or those whom he should encourage or imploy ; or that he would euer beare true allegeance , vntill the pope had discharged him , or that he● would discouer any conspiracie which did happen before the pope did authorize it ; or that he would keepe this oath , vntill the pope gaue him leaue to breake it : this man should be farre from performing the intent and scope of an oath , which should be made for a new attestation , that hee would according to his naturall duetie , and inborne obedience , absolutely desend the king from all his enemies . i make no doubt but the iesuites would haue giuen way to the oath , if it had beene conceiu'd in generall words , of all obedience , against all persons ; for it were stupiditie to denie that ●o be the dutie of all subiects . nor would they haue exclaim'd , that spirituall iurisdiction had beene infringed , if in such times as their religion gouern'd here , this clause had beene added to defend the king , though the metropolitane of england should excommunicate him . and yet by there doctors it is auerr'd , that iure diuino , and iure com●muni antiquo , a bishop may excommunicate a king , as ambrose did theodosius , and that excepting onely infallibilitie of iudgement , in matter of faith , a bishop might , iure diuino , doe all those things in his diocesse , which the pope might doe in the whole church . for , so bellarmine himselfe concludes , arguing from the popes authoritie in all the world , to a bishop in his diocesse . if there●ore an oath had beene lawfull , for defending the king against all enemies , though a bishop excommunicate him , and the pope haue onely by positiue lawes , withdrawne from the bishops some of the exercise of their iurisdiction , and reserued to himselfe the power of excommunicating princes , it is as lawfull to defend him a●ter a popes excommunication now , as it was after a bishops , when a bishop might excommunicate : and no man euer said , that a bishop might haue deposed a king. all which they quarrell at in the oath , is , that any thing should be pronounced , or any limits set , to which the popes power might not extend : but they might as well say that his spirituall power were limited or shortned , and so the catholique faith impugned , if one should denie him to haue power ouer the winde and sea ; since to tame and commaund these , in ordine ad spiritualia , would aduance the conuersion of the indies , and impaire the turks greatnesse , and haue furthered his fatherly & spirituall care of this kingdome in . all the substance of the oath is virtually comprehended in the first proposition , that king iames is lawfull king of all these dominions ; the rest are but declarations , and branches naturally and necessarily proceeding from that roo●e . and as that catholique which hath sworne , or assented , that paul the fift , is pope canonically elected , hath implicitely confessed , that no man can deuest or despoile him of that spirituall iu●isdiction , which god hath deposed in him , nor of those temporall estates , which by iust title his predecessours possessed or pretended too : so that subiect which sweares king iames to bee his true and lawfull king , obliges himselfe therein to all obedience , by which hee may still preserue him in t●at state ; which is to resist all which sh●ll vpon any occasion be his enemies . for if a king be a king vpon this condition , that the pope may vpon such cause as seemes iust to him , depose him , the king is no more a soueraigne , then if his people might depose him , or if a neighbour king might depose him : for though it may seeme more reasonable and conuenient , that the pope , who may bee presumed more equall , and dispassioned then the people , and more disinteressed then the neighbour princes , should be the iudge and magistrate to depose a prince enormously transgressing the wayes , in which his du●y bound to him to walke , though , i say , the king might hope for better iustice at his hand , then anothers , yet he is no soueraigne , if any person whatsoeuer may make him none . for it is as much against the nature of soueraignty , that it may at any time be iustly taken away , as that it shall cer●ainly bee taken away . and therefore a king whom the pope may depose , is but a depositarie● and guardian of the souerainty ; ●o whose trust it is committed vpon condition : as the dictators were depositaries of it , for a certaine time . and princes in this case shall bee so much worse then dictators , as tenants at will are worse then they which haue certaine leases . and there●ore that suspition and doubt , which a learned lawyer conceiued , that the kings of france and spaine lacked somewhat of souerainty , because they had a dependance , and relation to the pope , would haue had much reason and probability in it , ( though he meant this onely of spirituall matters concerning religion ) if that authority which those kings seeme to be subiect to , were any other , then such , as by assenting to the ecclesiastique canons , or confirming the immunities of the ecclesiastique state , they had voluntarily brought upon themselues , and the better to discharge their duetyes to their church ; and to their ciuill state , had chosen this way as fittest to gouerne their church , as other waies , by iudges and other magistrates to administer ciuill iu●stice . so there●ore his maiesties predecessors in this kingdome were not the lesse soueraigne and absolute● by those acts of iurisdiction which the popes exercised here . for though some kings in a mis-deuout zeale , and contemplation of the next life , neglected the office of gouernement to which god had called them , by attending which function duely , they might more haue aduanced their saluation , then by monastique retirings ( of which publique care , and preseruing those which were committed to their charge , and preferring them before their owne happinesse● moses , and st. paul were couragious examples ) though , i say , they spent all their time vpon their owne future happinesse , and so making themselues almost clergy men , and doing their duties , gaue the clergie men way and opportunity , to enter vpon their office , and deale with matter of state ; and though some o●her of our kings oppressed with temporall and personall necessities , haue seemed to diminish themselues , by accepting conditions at the popes hands , or of his legates , and some others , out of their wisedome auoiding dangers of raw and immature innou●tions , haue digested some indignities and vsurpations , and by the examples of some kingdomes about them , haue continued that forme of church gouernment , which they could not resist without tumult at home , and scandall abroad● yet all this extinguished no part of their souerainty ; which souerainty without all question they had , before the other entred into the kingdome , intirely : and souerainty can neither be deuested nor deuided . as therefore saint paul suffered circumcision as long as toleration thereof , aduanced the propagation and growth of the church , when a seuere and rigid inhibition thereof would haue auerted many tender and scrupulous consciences , which could not so instantly passe from a commandement of a necessity in taking circumcision , to a necessity in leauing it ; but when as certaine men came downe and taught , that circumcision was necessary to saluation , and so ouerthrewe the whole gospell , because the necessity of both could not consist together , then circumcision was vtterly abolished : so , as long as the romane religion , though it were corrupted with many sicknesses , was not in this point become so infectious and contagious , as that it would vtterly destroy and abolish the souerain●y of princes , the kings of england succourd , relieued , and cherished it , and attended an opportunity , when god would enable them to medecine and recouer her ; but to be so indulgent to her now , is impossible to them , because as euery thing is iealous of his owne being , so are kings most o● any : and kings can haue no assurance of being so , if they admit professors of that religion , which teache , that the pope may at any time depose them . we doe not therefore by this oath exempt the king from any spirituall iurisdiction ; neither from o●ten incitations to continue in all his dueties , by preac●ing the word ; nor from confirming him in grace , by the blessed sacrament ; nor from discreet reprehension if hee should transgresse . we doe neither , by this oath , priuiledge him from the censures of the church , nor denie , by this oath , that the pope hath iustly ingrossed and reserued to himselfe the power to inflict those censures vpon princes . we pronounce therein against no power which pretendes to make kings better kings , but onely against that , which threatens to make them no kings . for if such a power as this , of deposing and annihilating kings , bee necessarie , and certaine in the church , and the hierarchie thereof be not well established , nor our saluation well prouided for , without this power , as they teach , why was the primitiue church destitute thereof ? for if you allow the answere of bellarmine , that the church did not depose kings then because it lacked strength , you returne to the beginning againe , and goe round in a circle . for the wisedome of our sauiour is as much impeached , and the frame of the church is as lame , and impotent , and our saluation as ill prouided for , if christ doe not alwayes giue strength and abilitie to extirpate wicked kings , if that be necessarie to saluation , as he were if he did not giue them title and authoritie to doe it . yea , all tese defect ; would still remaine in the church , though christ had giuen authoritie enough , and strength enough , if he did not alwayes infuse in the pope , a will to doe it . and where this power of deposing princes may be lawfully exercised , as in states where princes are conditionall , and not absolute and soueraigne , as if at venice the state should depose the duke , for attempting to alter that religion , and induce greeke errours , or turcisme , or if other states , which might lawfully doe so , should depart from the obedience , and resist the force of their princes , which should offer to bring into that state , the inquisition , or any other violence to their conscience , if the people in these states should depose the prince , did they doe this by any spirituall authoritie , or iurisdiction ? or were this done by such a temporall authoritie , as were indirect , or casuall , or incident , or springing out of the spirituall authoritie , as the popes ridler makes his authoritie to bee ? or must they stay , to aske and obtaine leaue of their clergie , to depose such a transgressor ? if therefore such a particular state , in whom the soueraignty resides , haue a direct temporall power , which enables it sufficiently to maintaine , and conserue it selfe , such a supreme spirituall power , as they talk of in the pope , is not necessarie for our saluation , nor for the perfection of the church gouernment . nor is there any thing more monstrous , and vnnaturall and disproportioned , that that spirituall power should conceiue or beget temporall : or to rise downwards , as the more degrees of heigth , and supremacie , and per●●ct●o● it hath , the more it should decline and stoope to the consideration of secular and temporall matters . it may well haue some congruity with your rules , that the popes of rome , in whom the fulnesse of spirituall power is said to be , should haue more iuri●dictiō in spirituall matters , then other prelates . they may be better trusted with the spirituall food and physicke of the church , and so prepare and present , the word , and the sacraments , to vs , in such outward sort and manner , as wee may best digest , and conuert them to nouriture . they may be better trusted with the spirituall iustice of the church , and make the censures thereof profitable to the delinquent , and others by his example . they may be better trusted with the spirituall treasure of the church , and apply and dispence the graces , of which they haue the stewardship , at their discretion . they may be better credited with canonizing of saints , and such acts of spirituall power , then others : and these are many , and great offices , to be put into one bodies hands . but tha● out of this power , and then onely when this power is at her fulnesse and perfection in the pope , there should arise and growe a temporall power , which in their estimation , is so poore and wretched a thing , that a boy which doth but shaue his head , and light a candle in the church , is aboue it , ( for so they say , euen of the lesser orders ) is either impossible , or to prodigious , as if ( to insist vpon their owne comparisons of spirituall and temporall power ) the sunne at his highest glory , should be said to produce a moone-light , or golde , after all trials and purifyings , should bring ●orth lead . nor doe they for this timpany , or false conception , by which spirituall power is blowne vp , and swelled with temporall , pretend any place of scripture , or make it so much as the putatiue father thereof . for they doe not say , that any place of scripture doth by the literall sense thereof , immediatly beget in vs , this knowledge , that the pope may depose a prince ; but all their arguments are drawne , from naturall reason , and discourse , and conuenience . so that , if either the springe which moues the first wheele , or any wheele by the way be disordered , the whole engine is defeated , and made of no vse . and in this wee will ioyne and concurre with azorius the iesuite , that though there be some●things which neither the scriptures doe in expresse words forbid the pope to doe , nor the canons can disable him● because hee is aboue them , yet the very law of nature inhibites them , and prouides that by no meanes they may be done ; and that if the pope should doe such a thing , there were a nullity in the action , and the church would neuer permit it , but doe some act in opposition against it , and all this out of this respect , that naturall reason would teach them , that the generall peace and tranquility of the christian common-wealth would be disturbed thereby . if therefore in the point in question , wee must be directed by naturall reason , and dispute which is most profitable and conuenient for the peace of christian states , though it may bee long vncertaine on both sides , where the victorie will fall , yet , during the suite , melior est conditio possidentis . and since it is confessed , that princes before they accepted christianitie , had no superiour , and nothing appeares why princes should not be as well able to gouerne subiects in christian religion , as in morall vertue , or wherein they neede an equall assistant , or superiour , now , more then before , or by what au●horitie the pope is that officer , it is a precipitate and hastie preiudice for any man , before iudgement , to set to the seale of his bloud , and a licentious and desperate extending of the catholique faith , to intrude into the body thereof , and charge vpon our consciences , vnder paine of damnation , such an article , as none but the thirteenth apostle iudas would haue made , and in which their owne greatest doctors , are yet but ca●echumeni , and haue no explicite beliefe thereof : for they neither bring to that purpose , scripture , tradition , consent of fathers , generall counsaile , no nor decree of any pope . and , i thinke , i may safely auerre , that it will not constitute a martyrdome , to seale with your bloud any such point heere , as the affirming of the contrary , would not draw you into the fire at rome . except you should be burned for an opinion there , you cannot be reputed martyrs , for holding the contrarie here . as therefore it were no heresie at rome , to denie the popes direct power , nor his indirect , ( for if it were , bellarmine and baronius had made vp an heresie betweene them , as sergius and mahomet did ) so is the affirmation thereof no article of faith in england . this then being so farre from being an article of faith , by what power the pope may depose a prince , as that it is euen amongst them which affect an ignorance , but dubium speculatiuū , a man may safely , and ought to take the oath : for so a man of much authority amongst themselues doth say , that in a doubt which consists in speculation , we doe not sinne , if we doe against it● and himselfe chuses this example , if a souldier doubt whether the warre which his prince vndertakes be iust or no , yet in the practique parte , hee may resolue to fight at his princes command , though he be not able to explicate the speculatiue doubt . and he ads this in confirmation ; that where one part is certaine , and the other doubtful , we may not leaue the sure side , and adhere to the other . in his example that which hee presumes for certaine , is this , that euery man ought to defend his prince , and the speculatiue doubt is , whether the warre be iust or no. if this be applied ●o our case , euery man will finde this certaine impression in himsel●e , that hee ought to sweare ciuill obedience to his prince , and this will be so euident to him , that no doubt can arise , so strong , or so well commended to him , by any pretence of reason , and deducements , as may make him abstaine from a pract que duety , for a speculatiue doubt . for so , fran. a victoria , maintaining the same opinion , giues the●e reasons or it , that not onely in defensiue warre , but in offensiue ( which i● further then our case , in any probability , is like to extend to ) the prince is not bound to giue an account to the subiect of the iustice of the cause : and therefore ( saies hee ) in doubtfull cases , the safer part is to be followed : and if he should not fight for his prince , he should expose the state to the enemy , which is a much more grieuous offence , then to fight against the enemy , though he doubt of the cause . ●or if their opinion were an euident truth , both their doctors would be able to explica●e it , and their disciples would neede no explication . this oath therefore containing nothing , but a profession of a morall truth , and a protestation that nothing can make that false , impugnes no part of that spirituall power , which the pope iustly hath , no● of that which he is charged to vsu●pe . that which hath seemed to m●ny of them , to come neerest to his spirituall power is , that the deponent dot● sweare , that the pope hath no power to absolue him of this oath . but besides , that it hath beene strongly and vncontroulably prooued already by diuers , that no absolution of the popes can wor●e vpon the matter of this oath , because it is a morall truth , i doe not perceiue , that to absolue a man from an oath , belongs to spirituall iurisdiction . for dispensations against a law , and absolutions from oathes and vowes worke onely as declaration● , not as introductions . and that power which giues me a priu●ledge , with a non obstante vpon a law , or an absolu●ion from an oath , doth not enable mee to breake that lawe , or that oath , but onely declares , that that law and oath , shall not extend to me in that case , and that if this particular case could haue beene foreseene , at the making of the law , or the oath , neither the oath , nor the law ought to haue beene so generall . so therefore these absolutions , are but interpre●ations , and it belongs to him who made the law , to interpret it . for without any vse of spiritu●all iurisdiction , the emperour henry●he ●he seuenth , absolued all the subiects of robert king of sicily of their oathes of alleageance , w●en he rebelled against ●he emp●●e , of which hee was a feudatarie prince . and though the pope annulled this sentence , it was not because the emperour might not doe this , but because the king of sicily held also of the church , and this absoluing of subiects made by the emperour , extended to the subiects of the church . so also the emperours antoninus and verus , when one had made an oath , that he would neuer come into the senate , creating him such an officer , as his personall attendance was necessary in the senate house , by an expresse rescript , absolued him of his oath . of which kinde there are diuers other examples . and your canons doe not require this spirituall iurisdiction , alwaies in this act of absoluing an oath . for if i haue bound my selfe to another by an vniust oath , in many cases i may pronounce my selfe absolued ; and in others i may complaine to the iudge , that hee may force him , to whom i swore , to absolue me of this oath . and in such cases as we are directed to goe to the church , and the gouernour thereof , it is not for absolution of the oath , but it is for iudgement , whether there were any sinne in making that oath , or no. for when that appeares , out of the nature of the matter , arises and results a declaration sufficient , whether wee are bound or absolued . if therefore the matter of this oath be so euident , as being morall , & therefore constant and euer the same , that it can neuer neede his iudgement , because it can in no case be sinne , the scruple which some haue had , that by denying this power of absoluing , his spirituall power is endamaged , is vaine and friuolous . the second part . from this imputation , of impairing his spirituall power , euery limme and part of the oath , hath beene fully acquited , by great , and reuerend persons , so , as it were boldnesse in me , to add to that which they haue perfited ; since additions doe as much deforme , as defects . onely , because perchance they did not suspect , that any would stumble at that clause , which in the oath hath these words , i abiure as impious , and hereticall , that position , &c. i haue not obserued that any of them , haue thought it worthy of their defence ; but because i haue found in some catholiqus , when i haue importuned them to instance , in what part of the oath sp●rituall iurisdiction was oppugned , or what deterr'd them from taking the same , that they insisted vpon this , that it belonged onely to the pope to pronounce a doctrine to be hereticall , and that , since there was a canon of a generall councell pretended for the con●rary opinion , and that it was followed by many learned men , it were too much boldnesse for a priuate man , to a●erre it to be hereticall , i am willing to deliuer them of that scruple . it is no strange nor insolent thing with their authors , to lay the note of heresie vpon articles , which can neither be condemned out of the word of god , nor are repugnant to any article of faith ; for castrensis , that he might thereby make roome for traditions , liberally confesses , that there are many doctrines of the heretiques , which cannot be refelled by the testimonie of the scriptures . and the iesuite tannerus is not squeamish in this , when hee allowes thus much , that in the communion vnder one kinde , and in fasts , and in feasts , and in other decrees of popes , there is nothing established properly concerning faith . so that with you , a man may be subiect to the penalties , & so to the infamie , & so to the damnation belonging to an heretique , though hee hold nothing against the christian faith . but wee lay not the name of heresie ( in that bitter sense which the canons accept it ) vppon any opinion which is not aga●nst the catholique faith . which faith wee beleeue leo to haue described well , when hee saies , that it is singular , and true , to which nothing can be added , nor detracted : and we accept s. augustines signific●tion of the word catholique ; wee interpret the name catholique , by the communion with the whole world ; which is so essentiall & so truly deduced out of the scriptures , that a man which will speake of another church , then the communion of all nations , which is the name catholique , is as much anathematized , as if he denie , the dea●h and resurrection of christ. and what is this essentiall truth so euident out of scripture , which designes the catholique church ? because , sayes augustine , the same euangelicall truth which tells vs the death and resurrection , tells vs also , that repentance , and r●mission of sinnes shall be preached in his name , through all nations . that therefore is catholique faith , which hath beene alwaies and euery where t●ught ; ●nd repentance , and remission of sinnes by the death and resurrection o● christ , and such truthes as the gospell teaches , are that doctrine , which coagulates and gathers the church into a body , and makes it catholique ; of which opinion bellarmine himselfe is sometime , as when he argues thus , whatsoeuer is heresie , the contrarie thereof is veritas fidei ; for then it must be ma●ter of faith , and an errour with pertinacie in those points onely , should bee called heresie , in that heauie sense , which it hath in a papists mouth . castrensis foresaw this danger of recrimination , and retorting vpon themselues , t●is opprobrious name of heretique , if they were so forward to impute it , in matters which belonged not to f●ith , for accordingly he saies , they amongst vs , which doe so easily pronounce a thing to be heresie● are often striken with their own arrow , & fall into the pit which they digged for others . and certainly as t●e greeke church by vsing the same st●●nesse and r●gour towards the romane , as the romane vses towards the other westerne churches , which is , not onely to iustifie their opinions , but to pronounce the contrarie to be heresie , hath tamed the romane writers so farre , as to con●esse that t●ey condemne nothing else in t●eir opinion and practise of consecrating in a different bread , but that they impose it , as a necessitie vpon all other churches , and hath extorted a decretall from pope eugenius , that priests in consecrating ( not onely may ) but ought to follow the custome of that church where they are , whether in leauened , or vnleauened bread , and ●nnocent the thi●d , required no more of them , in this point , but that they would not shewe so much detestation of the romane vse therein , as to wash and expiate their altars , after a romane priest had consecrated , so if it should stand with the wisedome and charity of the reformed church , iurid●cally to call , all the addi●ions which the romanes haue made to the catholique faith , and for which , wee are departed from them , absolute and formall heresie , though perchance it would not make them ab●ndon their opinions , yet i thinke it would reduce them to a mo●e humane and ciuill indifferencie , & to let vs , without imposing t●eir traditions , enioy our own religion , which is , of ●t self , in their cōfession , so free frō heresie , that they are forced to ma●e this all our heresie , that we will not ad●it theirs . ye● somethings haue so necessary a consequence , and so immediate a dependance vpon the articles of faith , that a man may be bolde to call the contrary hereticall , though no defi●ition of any councell haue pronounced it so● yea som● notions doe so precede the articles of our faith , that the articles may be said to depend vpon them so far●e , as they were frustrate , if those prenotions were not certaine . of that sort is the immortal●ty of the soule , without which the worke of redemption we●e vaine . and therefore it had beene a viti●ous tendernesse , and irreligious modesty , if a man du●st not haue called it hereticall , to say , that the soule was mortall , till leo the tenth , in the laterane councell decreed it to bee heresie . for though bellarmine in one place req●ire it as essentiall in an heresie , i hat● haue beene condemned in a councell of bishoppes , yet he saies in another place , that the popes alone without councels , haue condemned man● heresies . and this liberty hath beene vsed as well by epiphanius , and s. augustine in the purer times , as by castrensis and prateolus , in the later romane church , and of late yeares ( of those which adhere to caluins doctrine , by danaeus , and of luthers followers , by schlusselbergius ; all which in composing catalogues of heretiques , haue mentioned diuers , which as yet no generall councel hath condemned . so did the emperours in their const●tutions pronoun●e against some heresies of which no councell had determined . so did the parliament of paris in their sentence against chastell for the assassinate vppon the person of this king of france , pronounce certaine words , which he had sucked from the iesuits , and vttered in derogation of kings , to bee seditious , scandalous , and hereticall . and if the oath framed by order of the councell of trent , and ra●ified and enioyned by the popes bull , be to be giuen to all persons , then must many men sweare somethings to be of the catholique faith , and some other things to be hereticall , in which he is so farre remooued from the knowledge of the things , that he doth not onely not vnderstand the signification of the wordes , but is not able to sound , nor vtter , nor spell them . and hee must sweare many things determinately , and precisely , which euen after that councell some learned men still doubt , as , that a license to heare confessions , in euery priest not beneficed , is so necessarie , necessitate sacramenti , that except hee haue such a license , the penitent , though neuer so contrite and particular in enumeration of his sinnes , and exact in satisfactions , and performing all penances , is vtterly frustrate of any benefite by vertue of this sacrament . so therefore a certaine and naturall euidence of a morall truth , such as arises to euery man , that to a king is due perpetuall obedience , is better authority to induce an assurance , and to produce an oath , that the contrary is hereticall , then an implicite credite rashly giuen to a litigious councell , not beleeued by all catholiques , and not vnderstood by al that sweare to beleeue it . for the other obstacle and hinderance which re●ards them , from pronouncing that this position is hereticall , which is , the canon of the laterane councell , enough hath beene said of the infirmity and inualidity of that councell by others . thus much i may be bolde to adde , that the emperour vnder whome that councell was held , neuer accepted it for a canon , nei●her in those wordes , not in that sense , as it is presented in the canon law ; from whence it is transplanted into the body of the councels . and the church was so farre from imp●gning the emperours sense and acceptation thereof , that innocent the fourth , and diuers other popes being to make vse thereof , cyte the constitution of the emperour , not any canon of a councell in their directions to the inquisitors , how to proceede against heretiques . they therefore either knew no s●ch canon , or suspected and discredited it . thus therefore that pretended canon saies , if a temporall lord warned by the church , do not purge his land of heretiques , let him be excommunicate by the metropolitane and conprouinciall bishopps ; if he satisfie not within a yeere , let it be signified to the pope , that he may denounce his subiects to be absolued from their alleageance , and expose his land to catholickes , which may without contradiction possesse it , the right of the principall lord ( which we call lord paramount ) being reserued , if hee giue no furtherance thereunto . and thus farre without doubt the canon did not include principall and soueraigne lords , because it speakes of such , as had lords aboue them . and where it concludes with this clause , the same law being to be obseru'd toward them , qui non ●abent dominos principales , the imperiall constitution hath it thus , qui non habent domos principales . and certainely the most naturall and proper accep●ation of domos principales in this place , in the emperours lawe , is the same as the word , domicilium principale , hath in the canons , which is a mans chiefe abiding and residence , though vpon occasion he may be in another place , or haue some relation and dependance vpon a prince out of that territorie . and it may giue as much clearenesse to the vnderstanding of this lawe , if wee compare with it , the great and solemne clementine pastoralis . for then robert being king of sicily , that is , such a principall lord , as this pretended canon speakes of , but yet no soueraigne ( for he depended both vpon the empire and vpon the church ) was condemned as a rebell by the emperour henrie the ●euen●h . and clement the fi●t , ann●l●'d and abrogated that sentence , of the emperours , vpon this reason ; that though the king of sicily held some lands of the empire , yet domicilium suum fouebat in sicilia , which belong'd to the churc● , and therefore the emperors iurisdiction could not extend to him , b●cause h● had not imperio● hereup●on the glosse enters i●to disputation , how farre a man which hath goods in one dominion , sh●ll be subiect to the lawes of that place , though his principale domicilium ( as he still c●ls it ) be in another . so that it seemes the emperour had this purpose in this constitution , that t●ose domini principales , which were vnder the iurisdiction and dependance of the empire● should indure the penaltie of this law , if the● transgressed it , though they ●ad not there domos prin●ipales within the limi●s of 〈◊〉 ●mpire . for at the time , when this constitution was made , the emperours thought i● law●full for them to doe so , though a hundred ye●re a●●er , clement t●e fift , denied by this canon , tha● they had so large a power . but this constitution in●er●es nothing against soueraigne lords , whom the empe●our could not binde by any constitution of his , bec●use they had no depend●nce vpon him . and as t●e constitution d●ffers from t●e canon in such ma●er●all words as ouerthrowes that ●ense which they would exto●t out of it , which is , that soueraignes are included therein , so doeth it in the sense , and in the appointing of the officer , who shall expel these fauourers of heretiques . for where the canon saies , let it be tolde to the pope , who may absolue the subiects , and expose the land the emperour speakes of himselfe , we do expose the land . so that he takes the authority out of the popes hand ; which he would not haue done , nor the pope haue cyted as to his aduantage , that lawe by which it was done , if either iure diuino such a power had resided in him , or a canon of a generall councell had so freshly inuested him therewith . and as it is neither likely that the emperour would include himselfe in this law , nor possible that he should include others as soueraine as himselfe , at least : so doth it appeare , by the ordinary glosse vpon that const●●ution ( which hath more authority , then all other expositors ) that that law is made against such lords and subiects , as haue relation to one another by feudall law ; for so it in●erpre●es dominum temporalem , and dominum prin●cipalem , to be , when some earle holdes something of a king ; which king also must haue a dependency vpon the empire , because otherwise the imperiall law could not extend to him . and yet euen against those principal lords , the law seeme so seuere , that the glosse saies , non legitur in scholis . so that so many proofes hauing beene formerly produced , canons● but that those which are vsually offered now , are but ragges torne out of one booke , and put into another , out of the extra●agants into the councels , and this imperiall constitution , which to the pope himselfe seemed of more force , then his predecessors decretall , neither concerning soueraine lords , nor acknowledging this power of absoluing subiects , to be in the pope , but in himselfe , no sufficient reason arises out of this imaginary canon , which should make a man affraid to call that hereticall , which is against his naturall reason , and against that maine part of religion , which is , ciuill obedience . for the romans dealing more seuer●ly , and more iniuriously with vs , then the greeke church did with them , when they presented to the emperour , vpon a commission to make an inquisition to that purpose , ● errours and deuiations in matter of faith , in the romane church : of which some were orthodoxall truths , some , no matter of faith , but circumstantiall indifferencies● though they called them all errours in faith ; the romane church , i say , traducing our doctrine , with as much intemperance and sower language giues vs example to call all their errours hereticall . and so , when drusius in his owne defence against a iesuite who had called him heretique , saies , that heresie must be in fundamentis fidei ; the iesuite replies , that euen that assertion of drusius is heresie . and this doctrine and position , which this oath condemnes , will lacke nothing of formall and absolute heresie , if those notes bee true , by which bellarmine designes heresie , and saies , that if that be not heresie to which those notes agree , there is no heresie in the world . for , ( as he requires to constitute an heresie ) we can note the author , to haue beene gregory the seuenth ; the place to haue been rome , the time betweene fiue and yeares past , and that it began with a few followers , for a sometimes but fifteene● sometimes but thirteene bishops adherd to gregory , ) when euen the bishops of italy fauoured the other part : and that it appeared with the admiration of the faithfull ; for so it is noted to haue beene , nouum scisma : and that contradiction and opposition was made by all the imperiall clergy , and much of italy it selfe ● and , for that which is the last note proposed by bellarmine , that it bee condemned by a councell of bishops , and all faithfull people , though that haue not yet beene done , because god for our sinnes , hath punished vs with a dearth of councels , and suffered vs in a hunger , and rage of glory , and false constancie , to eate and gnaw vpon one another , with malignant disputations , and reprochfull virulencies , yet when his gracious pleasure shall affoord the church , that reliefe , wee doe iustly hope it will haue that condemnation , and so be a ●onsummate heresie , because no pseudo-councels as yet haue beene able to establish the con●ra●ie . and though these markes and certaine notes of heresie be tyrannically , and cau●elously put by bellarmine ( because it is easie to name manie heresies , in which many of these markes are wanting , of which wee know neither parents , country , nor age , and which in●inuated themselues , and got deepe roote in the church , before they made any noise or trouble in the state thereof , an● at the first breaking out , were countenanced with many and mighty fauourers , and which no generall councell hath yet condemned ) yet , as i said , we refuse not these marks , but submit this opinion , to that triall , whether it be properly hereticall , or no. for it will as well abide this triall , as an other , proposed long before by s. augustine , that hee is an heretique , which for any temporall aduantage , and aduancement of his supremacie , doth either beget , or fo●low false and new opinions , which seemes directly spoken of this temporall supremacie : to which also , s. paul may iustly bee thought to haue had some relation , when he reckons heresie , amongst the workes of the flesh and worldly matters . but leauing this exact and subtill appellation of heresie , let him whom that scruple deterrs from the oath , that hee must sweare the doctrine to be hereticall , consider in what sense our law vnderstands the word in that place . the imperiall law layes an imputation vpon that man , qui saeua verborum praerogatiua fraudulenter contra ●uris sententiam abutitur ; that he is as guilty as he , which breakes the law . for hee which picks a quarrell with a law , by pretence of an ambiguous word , declares that hee would saine escape the obligation thereof . but , saith the same law , a law●maker hath done enough , when he hath forbidden that which he would not haue to be done ; the rest must bee gathered out of the purpose of the law , as if it had beene exprest . and no man can doubt , but that the law-maker in this law , hath forbidden defection from the prince ; and the purpose of the law , was to prouide onely against that . out of which purpose no man can iustly collect , that the deponent should pronounce the contrarie doctrine , so hereticall , as that he which held it , or relapsed into it , might be burnt ; but that it was apparantly erroneus , and impious , and fit to bee abiured ; and how little erroneous lackes of hereticall , and wherein they differ , diuines are not agreed , saies your simancha , and it is yet vndetermined . nor is there required in this deponent , such an assurance in faith , as belongs to the making of an article , formall heresie , but such an assurance in morall reason , and humane discourse , as bartholus requires in him which takes and oath , when he sayes , he which sweares the trueth of any thing , vnderstands not his oath to be of such a trueth● as is subiect to sense , sed iurat de vehementi opinione . and the word hereticall in this oath , hath so much force , as the word to anathematize , hath in many councels . as , for example , in that place of the councell of constantinople , where it is said , let him be anathematiz'd , which doeth not anathematize origen . which is meant of a detestation and abhorring som of his opinions , not of pronouncing him , a formall and consummate hereticke . for you may well allow a ciuill and conuenient sense to this word , in this oath , that it meanes onely impious , and inducing of heresie , since you haue bound all the world vpon paine of damnation to beleeue , that s. paul call'd concupiscence sinne , not because it was sinne , but because it proceeded from sinne , and induced to sinne . a great casuist , and our countreyman , deliuers safe rules which may vndeceiue them in these suspicions , if they will not be extremely negligent ; and negligentia dissoluta dolus est . for thus hee saies , though a law should prouide expresly , that the words of the law should bee vnderstood as they lie , yet they must receiue their interpretation from the common vse of speach ; which is , that which the most part in that country doe vse . and if both significations may be found in common vse , that must be followed , which out of likelihood and reason , seemes to haue beene the meaning of the lawmaker , though it be improper● and his meaning appeares , when the word taken in the other sense , would create some absurd , or vniust matter . and as amongst vs , those with whom this word hereticall is in most vse , which are diuines , vse the word promiscuously , and indifferently , against all impious opinions : so especially did the lawmaker at this time vse it , because otherwise , it had beene both absurd , to decree a point to be properly hereticall , which was not brought into debatement , as matter of faith , and it had beene vniust , vnder colour of requiring ciuill obedience , to haue drawn the deponent , to such a confession , as if he had relapsed and fallen from it after , hee might haue beene burned . and the words of the oath agree precisely to sayrs rule ; for the deponent must sweare , according to the exp●esse wordes , and the plaine and common sense , and vnderstanding of the same . and sayr saies , that if we must sweare to a law , according to the proper signification of the words , then there is no place for such discretion , and for admitting a diuers sense : but the wordes of our oath , which are , according to the plaine , and common sense , fall directly within his first rule . and the law hath good warrant and precedent to assume the word , hereticall , in such a moderate signification ; for so the scriptures vse the word , when s. paul saies , oportet hereses esse , which gretzer confesses , when to excuse the vulgate edition , which hath in that place , left out the wordes , vobis● he saies , it would do no harme to their cause to admit those wordes , because it is not spoken , de haeresi propriè dicta . and so the generall councell of constantinople within the first ●oure hundred yeares , calles some heretiques , though they be not anathematized by the church , because they make conuenticles against bishopps , and accuse them vnorderly , and against the forme of canons . so also doth another councell say of simony , that it is not onely sacrilegious , but hereticall . and accordingly to these , a late pope , leo . in a formall decree and bull , vses the worde in a like sense . for he condemnes the articles imputed to luther , tanquam respectiue haereticos , because out of some of them it would follow , that the church had erred . but that proposition , out of which the next deducted conclusion , might bee heresie , is not it sel●e necessarily heresie , properly vnderstood . and as these do , so also doe the canons in the law , speake in a moderate phrase : for in one place , wher the text saies , that a thing is done , contra fidem catholicam , the glosse expl●cat●s it , contra bonos mores : and in another pl●ce , it interpretes the same wordes so , because it dooth sapere heresim ; and yet it is not heresie : and so we finde a late decretall , to call simony , true and vndoubted heresy ; where gregory is produced , to giue this reason why simony is called heresy , because whosoeuer is ordained by simony , is therfore ordained that he may be an heretique . so th●t we see , such acts as beget or accompany heresy , are called heresy in this milde acceptation , which our law giues it . from which sense the fathers did not abstaine in vsing that worde ; for tertullian saies , that no man will doubt to call adams transgression heresie , since by his owne election , he adhered rather to his owne will , then to gods. and in another booke he saies , not so much newnes , as truth doth conuict things to be heresies , for whatsoeuer tastes against truth , is an heresie , though it be an ancient custome . and so saies s. august . ( if their owne men cite him truely ) that schisme is called heresie , not that it is heresie , but that it disposes to heresie . and the iesuits themselues , who are the precisest and seuerest accepters of this word , come thus neere , that some things tolerated by the church , though they be not propriè haeretica , ●et th●y are haeresi proxima . for so saies bellarmine ; and hee might iustly make this position which wee speake of , his example . and his defender gretzer saies , that some opinions are so framed , that though no decree of the church haue y●t condemned them , yet they are enormous , scandalous , and haeresi proximae . and thus also do the schoolemen somtimes take it ; for so , saies aquinas out of s. ierome , that he which expounds the scriptures against the sense of the holy ghost may be called an heretique , though he depart not from the church . and so haue diuers compilers of the ecclesiastique history done ; for epiphanius r●ckons diuers sects of the iewes and gentile philosophers , amongst heretiqu●s . and bernardus de lucemburgo inserts into his catalogue of heretiques , auerros and auicen , though they were not christians . and lastly that the word was vulgarly so vsed , as by many other obseruations , so is it euident by a story in math. paris , where one vpon his death-bed cals the friers heretiques for not reprehending the prelates , & the prelates heretiques , for conferring benefices vpon vnworthy persons : yea in this very case , which we haue in hand b an authour , of your owne religion , pronounces thus of those fifteene bishops , which adhered to gregory the seuenths party , against the emperor , it is great heresie to resist the ordinance of god , who onely hath power to giue empire , which heresie it appears that those fifteene false bishops haue committed . as therefore all sorts of men , into whose mouthes vpon any occasion this word was like to come haue vsed the word for erroneous : and impious , and corrupting good manners , and disposing & preparing absolute and proper heresie , so doth the law accept it in this oath , where it makes it equiualent , and synonimous , to the wordes which are ioyned with it , which are impious and damnable : and therefore it is but a calumny cast vpon the law , and a tergiuersation picked out for their escape , if any pretend for that word , to decline the oath . but if this word in this place , were to be vnderstood in the strictest and seuerest sense , that a iesuite could vse it against vs , yet hee that shall take the oath , doth not thereby pronounce , that any position , which attributes any power to the pope , is hereticall . not , that hee may excommunicate a king ; no , nor that he may depriue him : but it is thus conceiued , that this position is hereticall , that princes which be excommunicate , or depriued by the pope , may be deposed or murdred by their subiects or any other . so that it casts no manicles vpon the popes hands ; if he will excommunicate , let him ; if he will depriue , let him . onely them , who by his act , ( of the goodnes or badnes whereof this proposition pronounces nothing ) may be mis-led to an vnchristian & vndutifull desperatenes , it forewarnes , and aduises , to a due and iust consideration of such proceedings . for , as when men were content to heare heresies , leo said wisely , in reprehension of that easinesse , they which can hearken to such things , can beleeue them , so since it is too late to forbid hearing of this heresie , of deposing princes , since out of iesuites bookes , which speak of state-learning , scarce any thing is to be sucked , but it , or such preparatiues , as worke and conduce to it , it was necessary to begin a step higher then leo did , and pronounce it hereticall , that so none might beleeue it , since hee that can beleeue it , can be content to affoord his helpe to the doing thereof . and hauing thus gone as far as i purposed in both parts of this chapter , in the first whereof i shewed , that in speciall cases new oathes were necessary , and that the forme of them ought to bee such , as might reach home to the intent thereof , and not be eluded , which had beene , if any part of this oath had been omitted , and that their writers , which neuer teach , that vpon a bishops excommunication a prince may be deposed , denie implicitely this power in the pope , because onely that power which was in the bishops , in this matter , is transferd by reseruation into the pope , and that where such depositions are needefull , the state is prouided naturally with a temporall power to effect it , and therefore it is not necessarie to place it in the spirituall , which were monstrous and vnperfect , if it should produce , as the most excelent issue therof , a power so base in their estimation , and that this possibility of being deposed , is as contrary to souerainety , as a certaine limitation , when he shall be remoued , and that those writers , which limit the popes power by naturall reason , and which teach , that in doubts of speculation , we may for all that proceede to practise , as farre , as wee doe in this oath , and hauing in the second part declared , that though the papists make proper , and absolute heresie , to be without matter of faith , yet we doe not so , and yet in points necessarily and immediately issuing out of these principles , a generall councell needs not be attended to informe a mans vnderstanding what is hereticall , because the emperors and other princes , and diuers authors , and registers of heresies , haue pronounced therin before any decision of councells , and that the canon which is obtruded , in the name of the laterane councell , for diuers reasons , cannot impeach this proposition , that this doctrine is hereticall , which proposition , though if it were tryed by bellarmine , and by saint augustines description of heresie , it would appeare absolutely hereticall , yet this law giues it that name in a vulgar and common sense , as scriptures , councels , buls of popes , fathers , schoolemen , historians , iesuits , and the common sort hath vsed and accepted it , and that if it be taken in the sharpest sense , the oath may neuerthelesse be taken without preiudice , or limitation of any power which the pope himselfe claimes , i make account that i haue discharged my promise and vndertaking in this chapter , and deliuered as much , as without inculcating that which hath beene formerly said by others , ( which i purposely auoided ) in this point of the oath neede to be said to any , of indifferency or equall inclination . finis . notes, typically marginal, from the original text notes for div a -e p.r. trea● . of mitiga . ● . . n. . idem . c. . n. & . c. . n. . gretz . append . ad l. ● . bellar. § idem dictum a defens . bella● l. . c. . quare . b ibi. l. . c. . § quod whitak . gretz . tractat. de no. translat . §. ait . sixtus . de verbo . dei l. . c. . to. . resp. apolog. cont . car. col. nu. . p. r. treat . of mitig c. . n. . in monit . pili . in fine . machiauel . hist. flor. l. . f. . edit . picen . an. . card. colum. paris . fo . . rispost . d' anto . bouio a p. paulonella rauolta . ● . . conestaggio . l. . fol. . idem . l. . f. answere to the reports . c. . bar●n . annal. to. . epist. apolog. nu . . epist. ad philip . . aelian l. . c. . numb . . . aelian . l. . c. . bosquier . concio . quadrag . conci . . sent. select . ●x corn. celso . l. . n. . frontinus stratagem . li. . c. . forestus de venenis . obseru . . schol. lib. . c. . hippocrates . l. . apho. . in epist. ad tit. c. . fl●rimond ●emond historie de l' heresie . l. . c. . & . in epist. ad tit. c. . prognosticon windecki . florimond . remond histoire d●l . heresie . dig. l. . tit. ● . c. si per errorē . esay . . ael●a● . l. . c. . bosquie● . conc . quadrag . dist. . catinensis . nauar. manual c. n diog. laertius l. . martyrolog . c. aelian . l. . c. gellius l. . c. . bosquior . monom . conc. . ibid. plini . l. ● . c. . annotat. in hilarium . examen . edicti . anglica . stanislaus christianoni cus . paris . . reu●l . . . homil. . in psal. . vegetius . l. . c. . exod. . notes for div a -e gellius l. . c. aristot. eth. l. . cap. idem l. ● . . maetalius metellus , prefat . in histor . os●ij . dig. l. . tit. ● . le . & dig. l. . tit . . l● . concil . antisi . ca. . conc. braca● . . q. . placuit . tholos . sy●t . l. . c. . 〈◊〉 . . de leg . . v●op . l. . ca. de serius . io. . io. . . de martyri serm. . exod. , paul. diaco . ad eutrop addit . . homil. in psal . . . cor. . alfons . castr. ver . martyrium x prateolus l. cap. . ep●pha . haeres . cap. dist. . sancta romana to. . fo . prud●nt●us bodin daemonom l. . c. . ex tertull . eus●b . l. hist. eccl●s . ca. feuardent●us theom . caluin l. . c. . n. . extra . de maior . & obed. solit● . quinquagesies septies & centies quadragesies septies & medium , & septies mesies & septingesies , quadragesies , quater & medium . comment . in sacro . bosc. fol. . simphons . . t●es . . reg iu possore , in . glos. a constantin . ann . b nicenum . anno . c francofur . anno . d donat. constant l. . nu . . e haimius feldius decretu . impp. de imaginibus . fo . . a dig. li. . tit. . l. . osa . b leo . martia . epist. . epist. . simplicius papa an. . epist. . a ann . epist . b extra . de rescript . ad audic●●iam●g os . verb manifestum . c conc. aurelian . . clodu . regi . c. d habetur in binio to. . f. . anno. . e li. . epist. . greg. . duci sue uiae l. . epist. . binius to. . fol. . a. ioan. . pap● ann. . epist. . balsamo . in conc chalced. can . concil . quinosen in trullo . ca. . anno . notes in hunc can . to. . par . . fo . . a. leo , martiano epist. . leo . epist. . leo . ad martia● . epist. . grego . . li. . epist. . anastas . imp. hormisdae papae . binius . to. . fo . . a. hormisda epist. . bi●ius to. . so . . b. pelagius . epist. . & . q. , satagendum . a cod. l. . tit. . l. vltim . in fine . b cod. l. . tit. . le . ● . c cod. l. . tit. . l. . a cod. l. . tit. . l. . & . b ibid. le . . c ibid. §. diaconissa . d cod , li. . tit. l. . e cod. lib. . tit. ● . l. . f cod. l. . tit. . lib. . g cod. l. . tit. . l. vlt. cod. l. . tit. . ● . a cod. l. . tit. . ● . § presbiter● . b ibid. ●e . . §. interdi●imus . c ibid. l. . d simancha . de r●pub . l. . c. . e simplicius zenoni . ep. . a espen●aeus . com●n tim. l. . pag. . b index expur . belg. fo . . c pref●tio in histor . de act . & script . lutheri . d deut. . . a epist. maximil● . ad b●ro . leichtensteni habetur . in monit . polit . edit franct . ann. . so . . b ceremoniae sacrae . cap. de ordinatione . c idem . ca. de coronat . d alfon. aluares specul . vtriusque dig. c. . nu . . e extra de bigam . non ordin . super eis . glos . verbo sacros . a aluares specu . vtri . digni . ca. . nu . . b cassanaeus● par . . consid . . art . . & . be●lar . de p●●t . ro l. , c. . §. est igit●r . e● nazi●●z . sepulueda de regn . & reg . hu. l. . concil . nice . . actio . to. . par. . fol. . . cor. . . maynardus de priuileg . eccles. art. . n. . a dist. . et purgabit . glos . verb. domo . b index . expur . belg. fol. . . q. . transferunt . valdesius de digni●●te regum hispa c. . ioan. de lapide● casus missa● . cap. . ar. §. quo●unque . a azor. par . l. . c. . §. caeterum . b aluares specutr . dign . ca. . nu . . c idem . ca. ● nu . d ren. choppinus de iure monast. l. . t it . nu . . nauar. manual . c. nu . . in septimo . t it . c. . hiero. gigas de laesa ma. l. . rubr. . q. . nu . . ibid. nu . . ante. librum schultingij● to. vbi supra . n. . a paris crassus de ceremo . episcop . li. . ca. b cerem . sacrae . cap. de consecrat . fo . c par. crass l. . c. . d idem . l. . c. e conc. basil. sess . cap. de num● . et qualit . card. f aluares sp●cutr dig. c. . . n. theod. a niem . de sc●sm . l. , cap . & . conestaggio della vnione di port . et custig . l. . in princip . r●sp . ad card. colum. nu . . iob. , . inseptimo . tit. . ca. . nauar. manu . ca. . n. . a menghi . flagel . daemo . fo . . b fo . . prou. . . . q. . qui uere . gl●s . verbo . ●ere . in epist. cius ms chrisost. ad pop. antioch . ho. . a dlg. li. . ti. . l . §. imperator . b dig. l. . tit. . le. . c cod. l. . tit. . l. . d cod. l. . tit. . lc. . e cod. l. . tit. l. . f cod l. . tit. le. . g cod. l. . tit. . l. §. his ita . h cod. l. . tit. . l. . i cod l. . tit. . leg. . k cod. l. . tit. . l. . carol mag. l. . c . & . glouer de nobilit . fol. . cassanaeus catal glor. par . . consid . . alu●res specul . vtri dign . epist . ad mariam oratio coesarij a branhed●ro in subscriptione . bell. r●cogn . fo . . s●rarius litaneuticus . l. . q. de pont. ro. li. . c. . ibid. ca. ● . a epist. ●ij . ad norinbergenses b maynardus de priuileg . eccles . art . . n c par. crassus de ceremo . episcop . & card. l. c. & cap. . . q. . violatores . maynard● de priuileg . eccles. ar . . nu . exo. act. . . lyra in ●unc locum & eman. sâ . serarius litaneutic . l. . q. . n. . index expurg . hispan . fo . . ibid. fol. . ibid. fol. . instruct. circa . lib. corrig . §. . soto de teg . secret . memb . . q. ad tertium . carranza sum. concil . fo . . a hispanic . ind. fo . . b ibid●m . c idem . fo . . d id. fo . . e ind. belg. ●o . f ind. hisp. fo . . g fol. . h fo. . sedulius apol. pro. lib. conform l. . c. . & l. . c. congregatio oratorij . bozius gallonius de cruciat . martyrum . baron . annal. to. . ann. . n. nu nu . nu. . card. colum. fo . . paris . nu. . nu. . nu. . circa . . cypr. epist. . ad steph. binius to. . fo . anno . binius to. ● i● princip . epist . anno . epist. . circa . anno . autent . coll. . prefa●●o 〈◊〉 . ● . . epist. . to. . fo . . ● . an. . n. . ● . . epist. . theodo . medico . epist. . an●o . . epist. . epist. . epist. steph. . ad c●rol . et ca●lom . an. nichol. epist. circa . . 〈◊〉 . ● . epist. . epist. . epist. . epist. . epist. . de verb. esaiae . hom. to. . ●o . . binius to. . ●ol . . ep●st . . ep●st . . l●i●●es●ido . epist. . v●iberto . epist. . epist. . ep●st . epist. . . q. . cum aliquis . . q. . nemo . anno . i. . ep. . li. . ep. . li. . ep. . lib. . ●p . . li. . ep. . l. . ep. . binius . to. . fo . . a. ●● . s. sp. . episco . met●nti de ponti● l. . c. . §. quar●●m l. . post . ep . li. . ep. . 〈◊〉 . . constantinus . an. . ca. sumna carranze . baron . ● annal. to. fo . . anno . vbi supra . l. . ep. . . . b. alius . glo●●er . deposuit . l. . epist . ● . . epist. ● . l. . epist. . abbati clunia● . binius to. . pa. fol. . cassanae . catal. g●or . pa. . consid . . l. . epist. . . reg. . e●chird . ind. tit. . n. . schultingius . thesaur . antiq. eccles. to. . c. . & . diod. sicul. bibliot . l. . ca. . bell. de pont. l. . c. . §. nec ualet . ide . d● concil . ●t eccles. l. . ● . . § esse autem . id● . de●aicis . l. c. . § in quem say● thesaur . c●s. consc. par . . l. . c. . nu . ● stephanꝰ de 〈◊〉 . p●d . pont c● . . § quare a hiero. gigas de laesa mai . l . rubr. . q . n. . b ibid. q. . n. . c ib. q. . n. . d ceremo . sacr. ca. de concil . d● tr●nsl●t . in p. l. . ● . . in p●●●cip . de pont. l. . c. . §. obseruandum . a theod. a ni●m de sc●●sm . l. . c. . b sayr thes. cas consci . par . . l. c. . nu . . de pont. l. . ca. . ae . q. . ad de pont. l. . c. . § potest etiam . ephe. . . an. . binnius to. . ●ar . fo . . ca. . in . l . tit. . de for . comp . ca. . glos . verbo , cu ipso . a sedulius . apol. cont . alcora . francisca . l. . c. . gen. . . b sedul . l. . c. . luc. . . c sedul . l. . c. psal. . d l. . ca. . e mallonij notae in paleotum de syndone . l. . c. . nu. . f extraua . io. ● . cum inter . glos . in fine . a liter leo. . p●r b●nchum . l. . ep. l. . b gretzer . cont. hassenmiller . ●o . . c sedul . apol. pref●t . d l. . c. . e l. . c. . f ibid. & c. . g l. . c. . h l. . c. . i ib. c. . k ib. c. . l l. . c. . m serar . litaneuti . l. c. . n epist. leo. . l. . ep. . o l. . ep. . apolog. l. . c. . nu . . idem . l. . c. nu . . idem . l. . c. ● nu . . psal. . . ios stepha . de osculat . ped . po●t . cap. . §. ex quo . esa . . ios. steph. ● . . luc. . idem . ca. . deut. c. . . idem . c. . epist. lecto . append. ad lib. de p●●t . respons . ●d lib. auiso pia●●uole ca. nicod . ma●er de paren : baro : ad lecto . a psal. . b maynard●s de p●iuil . ecc● . art. ● . c luc . d eman. s● . scholia in . euang. e ext●au . com de maior . & obed . vnam sanctam , f act. . . g in voto ad paul. . io. . . eman● sâ apho● confes. verb. clericus . dist. . cl●ros , ren. choppinus de iu●● monast. l. ● . tit. . ●u . dr aluin de potest . episcoporum c. n. . dist. . sa●ctimonialis . regula . . d aluinde pot . ep●sco . ca. . n● . . paris de ●ut ●o de synd. ca. de exces . reg . n● . maynardus d● pri●ileg . eccles. art. . nu . . tholosa . synt . l. . c. . nu . . theod. a niem . de schism . l. . ca. . laelio medico . contra . venet. fo . . nella raccolta . risposta di ant. bouio al. paulo . nella raccolta fo . . bell. de clericis l. . c. vlt. martyrolog . ro. . decemb. a bell. de indul. l. . c. . propos . . b idem de confirmatione c. § duplex . c ibid ca. . §. sed r●spond . bell. de iustif. l. . c. . §. nobis . de iustific●t . l. . c. . proposit. . ceparius . de vit . go●zag . l. . c. . ●enius de controuersia , de lib. a●b . & dei aux●l . in●er catholicos . epist. ad cle. . li. . de grat . & lib. arb . ca. . fo. . fo. . fo. . vvilloti a●benae , orthodox . ex con● . trid. bull. pij . de ind libro . a index hispan . fo . . b venet. . b●ll de iusti●i . l. c. . §. sanct●s hieron●mus . epist. ante ind. belg. de baptism . l. . c. . de indulg . l. . c. . §. qu●nto . l. . com. in mat. . sext sen. bibliot sanct. l. . anno● . . de indulg . l. . ● . . §. quinto . historiae & ali● impressa . ante alcoran . fo . . casabonus pre●atio de libe● . eccl. de purg . l. . c. §. ad quint. hymno de nouo lumine pasch . sabba . l. . c. . pal. estrita honoris . anastas cochelet . fo . . paleotus de syndone , par . . ep. lectori . reuel . brigid . bull canone . bonif. . par. crassus de cerem . epis. & cardin. l. . c. ● to. . par . . fo . . b. epist. rutbalo . reg. secret. ante dial. luciani . a vita eius . fo . . & . & . b fo . . c fo . , . fo . . fo . . fo . fo . . binsfeldius . de confel . sa●ar . fo . . & menghi . fust . daemo . c. . ibidem . vasques de adorati . litan . l. . ca. . n. . ibid. n. . sedul . apol. pro libro . con●or . l. . ● . . n. . de pont. l. . c. . § q●ia . a in● . expurg . belg . fo . . dist. statuimus . gloss . dist. . quis nesciat glos . ind. expur . belg . fo . . index . hisp. ●o .. . idem . fo . . de matrimo . l. . c. . §. vbi tamen . . q. . cum societas . de pont . l. . c. . §. ●espond●o i●●as . de purgat . l. . c. §. preterea . & §. ad quartum . de verbo dei. l. . c. . §. dic●ns . de pont. l. . c. . §. respondeo . de penitent . l. . c. . §. igitur . de sacro . homin . orig. & contin . l. . ●a . . . q. . placuit . ind. hispa fo . . fo. . moral . in●tit . par. . l. . c. . §. secundo quaeritur . d● militia spirituali ho. . to. . fo . . pa●●●tri●a hono●is fo . . sedulius apolo . contr . alcura . l. . c. . n. . & . l. . c. . n. . l. . c. . n. . l. . c. . n. . ibidem . l. . c. . n. . ibid. n. . in fi●e libri . . sent. dist . . q. . ar . . de purgat . l . c. . §. preter●a . de indulg . l. . c. . §. sed primū de indulg . l. . c. . §. respontio . turselinus iesuit histor. laurel . l . c● . . obseruationes in cassian●m . ●o . . ex collat . . bell. de pont . l. . c. . §. respo●deo . de ioan. . gretzer def●n● bellar. to. . ●o . . §. namquod bell. de po●t . l. . c. §. ex h●s . in septimo . l. . tit . c. . in septimo tit . . ibid. ca . ibid. c. . ibid. c. . histor. ordi . iesuit resut . a gr●tz●ro . ●o . . r●badencyra de scrip●● . iesuit . fo . . & fo . . cassia●us l. . c. . instit. moral . to . . l. . c. . § s●cundo . ibid. §. tertio . ibid. §. ex ploratum . ribadeney . vbi supra . cerem : sacr. cap. de elect pont . petr●i biolioth . carthusia . ●o sedulius apolog cont . al●ora . l. c. . § innocentius . serarius . tri●aeres . l. . cap. grego . de valent . de purgat . c. . p●erre mathieu his●●ire de franc● . l . nirrat . . s●du●ius . apol. l. . c. ● . a. . catalog glor. par. . consid. . menghi . flagell . daemon . fo . . ide . fol. . mat. tortus supra la i ettera di palmieri romito . raccolta . fol. . pierre mathieu . histoire de fran . l. . nar. . ceparius de vita gonzag. epist. dedic . litan eut . l. . q. de procurand . indo . salut . l. . c. . sedul . apol. l. . c. . nu. . idem . l. . c. . n● . . id. l. c. n. . . vita . nerij . fol. . sedul . apol. l. . c. . n. . an. . they were . ribad . scrip . iesuit . in fin . cassian . l. . c. . iesuitar . regula commu . cap. examinator . regulae p●ouincial . . cap. de formula scribendi . cap. pro curator gener. pier. mathieus . histoire de fran. to. . l. . nar. . a vide soto de teg . secr●t . memb . . q. . dub. . & zambran . cas. cons●i . cap. . de poenit . dub. . sect. . vbi etiam est hoc decretum ●lem . . nu. . reg. commu . . sedul . apolo . l. . c. . n. . bulla tertia gretzer in hateum . fo . . d'auila de censur . par . . ca. . disp . dub. . a bulla . gretzer in hatteum . l. fo . . b iesuit constitut spi●it . . c reg. . d reg. com. ca. rector reg . . e cap prefect . rer. spirit . f c●pariꝰ iesuit . de vita gonz●g . fo . . & saepe . g fo. . h fo. . i fo. . k fo. . l bulla . . gretz fo . . a bull. . gretz fo . . b bull. . fo . . c bull. f. . d bull. . fo . . e re●u●●●●●ouincial . . f bull. . fo . g in s●ptimo . l. . tit. . c. . h constitut. spirit . . i epist. ignatij ad fratr in lusita . reg. commu . ca. missa . pro. . . vita phil. nerij fo . rog●la b●nedict . c. . ren. choppinus de iu●e coe●obi . . . tit . . n. . seduli . apolo . l. . c. . n. . ibid. n. . iob . . danaeus in aug. de haeresib . c. prateolus verbo circu●tares alf. castro . verbo ecclesia , & martyrium . baron . martyrolo . oct. ex lind●no . par. de puteo . de syndic . c. de excess . aduocator nu . . pelargus de nouo iesu●tismo l. . c. . spongia pro iesuitis . cont . equit . polon . fo . muretu● . variar . l●ct●on . l. . c. . vita eius . ●o . . gretz . in hasenmill . fo . . de institut . renuntiant . l. . c. . idem . l. . c. . sedul . apolo . l. . c. . n. . mariana de r●ge . l. . c. . bin●feld . de confess s●g●●um . fo . pet. galatin . de verit . christ. l. . ● . . petrei bibliothe . carthus fo . . spongia contr . equit. po●on . f. missal . roma . ex decret . con. trid. restitut . specul . vtriusque dignit . c. i. n. idem . c. . n. . binius to. . fo . . de pont . l. . c. . §. probatur . de pont . l. . c. §. secundo . de clericis l. . c. . § postea . de concil . l. c. . § quarta . 〈◊〉 . . catalog . sc●●p . ies●it . ●o . f● . . ribadeneyr . catal . script . iesuit amphitheatrum honoris l. . c. . § primo . fo. . fo. . baron . martyrolog . decemb. . nauar. de regular . consil. . de imagin . l. . c. . ann. . n● . . ann. nu . . mat. . . luke . . act . . act. . . . cor. . . matth. . . martyrolog . decemb. . alf. aluares spec . vtri . dig. c. . n. , , , & . , . & ca. . . azor. mor. iust. par . . l. . c. . & par . . l. . ca. . de priuileg . eccles . ar. . n. commen . in mat . in fine . azor. par . . l. . c. . §. animaduertendum . sayr . thesau . cas. consc. l. . c. nu . . alf. castro de potest . l●gis . l. . c. . docuna . . bartol . dig. indi . sol. le . . §. sireus . aluares spec . v●r dignit . c. . n. ex multis alijs . gent. de iure belli . l. . c. . cod. theodos. de ep. & cler . ●● . . epist. ad nepotia aluares spec . vtr . d●g●i . c. . n. . de sent . excom . alma mater in sexto . verbo , in●urgunt de int●●d . ver. §. . nu . . dig. ad ley. in t . maiest . tit . . l●● i● . tit . . c. . ibid. tit . . c. . spongia contra. eq. polon . fo . . epist. ad norimbergens . ench●rid . ind. tit . . nu . . r●baden . catal. scrip . ies●it . ●o . . 〈…〉 ciu● . nu . . catal. glor. 〈◊〉 consid. . tannerus de ●●bert . eccles. l. . cap. . de regn . & reg . offi . l. . sepul●ed . de regn . & reg . offi . l. . ●o . . deu. . cassian . collat. . c. . id●m de instit. ren●n● . c. . l . ibid. l. . c . & . idem . collat. . c. . climachus scala . parad . grad . . . sam● . . cepaciꝰ de eius vita . fo . . fo. . fo. . apol. l. . c. . idem . l. . c. . n. . ide . l. . c. . n. l. , c , n. . vita eius fo . fo. . fo. fo. . fo. . fo. . fo. . fo. . fol. . fol. . fol. . sedul . apolo . l. . c. . n. . engl. martyro . ianua . . b. dorotheus . doctrina . a. relatione di diego torrez . edit . venet. fo . . this iesuite died in cusco an. sedul . apolo . l. . c. . n. . id. l. . c. . n. ● id. l. . c. . n. . epist , ad fratres in lusitan . extra . de iu● , iur. su●ficiat . glo. regul . benedict . c. . declarat . . ae . q. . ar. . ad m. ser. . de r●surr . domini . a azor. mor. instit . to. . l . c. . § deinde . extrau . com. de maior : & obed. vnam sanctam addit . bertr●● respondeo & dico . alex. pesant . de immunit . eccles. & potest . pont . pag. ind. belg● fo : simancha de rep. l. . c. . ex stobao . azor. to . l. c , . § mihi de libert . eccles. l , : c : maynardus de priuileg . eccles. ar. . nu . bell. de cler. l c. vlt tannerus l. . c. , in fine : de institut . l. : c : aphor. confes . verb. clericus . q. . alius . paris de puteo de syndi● . ca. de excess● regum . dist. . qui venatoribus . par. de put. ca. rex autem . in io. l. . c. . casub . de lib. eccles. fol. . azor. instit. moral . to. l. . c. . in fine . de sent . & re indic . pastoralis glossa . s●pr● . la. le●tera de palmieri romilo . nella roccolta fo . . simancha . ench●r . iud. tit. . nu . . li. . to. . c. . . e. q. . art. . ad m. par. de put . de synd. fo a . b. . c . ● . q. . ar. a epist. . ad polycarpum . b . cor. . . aquin. ibid. aduers . iudaeos . ora● . . de pu●gat . l. . c. . § q●into . extrau . d● reliquij . audiuimus . ser●rius trihaeres . l. . c. . biniꝰ to. . f. bellar. vbi supra ibid. c. . §. dices ibid. c. . §. . §. t●rtio . extra . de reliq . gloss . verb. miraculis . ceremon . sacrae . cap. de canoniz . de purgat . c. . §. . extra . de relig. c. . & ● . ioh. . . . pet. . . matth. . . c. q. . art. . ad m. epist. . in marc. hom. . to. . fo . acts . par. put. syndic . fol. . collat. . ca. . io. . ● a metaphra●t . in nicepho . mar. ieruase . . co● . . . & . . ae . q. . ar . . ad . de not. eccles. l. . c. . § item . theomachia calumist . l. . c. . nu . . ibid. nu . . nu. . nu. . nu. . a iudgement of a cathol●que of the apol●g●e of the o●th . pag. . ca. . . conue●sions . par. . chap. . n● . . iuly . . ibid. nu. . ro. . . carninus de potest . l●g . h●m . par. . c. . instit. mora. to. ● . lib. . c. . § si quando . de iudicijs ca. nouit . ibid. carni●us de pot●st . l●g . 〈◊〉 . par . . c. . idem . par . . c. . par. . c. . summa summarum . to. . par . . c. . §. tertium . de ratio . ●eg . secret. memb . . q. . § sed contra heb. . . ca● confraterni●as . . q. . euchirid . iudi. tit. . n. . bull. pij . . de ●erm . iur. responsio ad docto. venet. proposit . a. § ad rationes . to. . l. . c. . § deinde . nouit . de indic . nu. . marsilius contr . respons . bellarm. ad gener. inquisitor . venet . barclaius de potest . pont . ca. . in princip . vgoti●i de validit . censura . ca. . de pont . l. . c. . §. decima et cap. . §. decimasepti . . q. . ar. . concl●s . carbo . summa sum● r. ●o . 〈◊〉 ● . s●c●●t●um . carbo . summa summar . to. . par . . c. . §. t●rt●●m . ibid. c. : §. tertium . tractat. . theol. de interd . pauli . prop●s . a. a comitol . respo●s . mo●●l . l. . q. . b simancha ench●rd . iudic. tit. . nu . . c azor. ●ns●it . moral . ●ar . . l. . c. . §. sexto . de●ence of engl●sh cathol . ca. . ●ar . de pute●● so . & so . . a fran. a victor . relect. de potest . ciuili . nu. . b respons . ad doct. venet. propos . . §. prima haec . a swertius in epitaph . pataui . nulla erat in medico spes , neque multa deo. victorellus de custod●a ang●lorum . a fol. . b fol. . c fol. . d fol. . fo. . fo. . fo. . aquin. contr . gent. cap. . a fraenc . a victor . de potest . papae et co●cil . ● ad quintum . hiero. de locis hebr● . de pont. l. . c. . § argumentum . l. . c. . hiero. epist. ad chromat . par. . l. . azor. mor. ins●it . c. . § porro . a lect. . dist. in scripturis , &c. . q. . sacerdotes , &c. bellar. de eccles. milit . l. . c. . ibidem § at inquiunt . a anastas . cochelet . pale●●rit . hono . f. . b fo. . florimond . de remond . l. . brancheda orarati . ad imp. de mutat . imper. fo . . esay . . . lyra. de pont . l. . c. . §. superest . ibid. § sediam . §. caeterum . ca. . parag . gregorius . ca. . ●arag . vt igitur . ca. parag . eadē ca. . § confirmatur . ca. . § vt igitur ca. . § gregorius . maynardus de priuil . eccles. ar. . n. . . . idem . ar. . n. . de pont . l. . c. . §. respond . primo c● . . § secunda ra●● . ca. . § ita pr●r●u● . l. ● c. . . sam. . . de pont. l. . c. . §. at in . de concil . l. . c. . §. dico . reg. iuris in . c. ●in . glos . verb. p●ntif●catus . lelio medici contr . venetia . sopra il sunda . fo . . titulo libri . de pont. l● . c. . l. . c. . l. . c. vlti . barclaius de pot . pap. c. . §. mihi . cap. . in princ. et ca. . de potest . eccles. sect. . nu. . ibid. nu. . et . aluarez specul . vtri . dignit . ca. . nu. . carranza . sum . concil . fo . . cod. de sum. trinit . le . . cunctos de emendat . grat. l. . dial. . ibid. l. . dial. . l. . dial. . l. . dial. . l. . dial. . l. . dial. . ibid. ibid. l. dial. . ibid. dist. . si quis . verb. postulat . l. . dial. . l. . dial . . tim. . . de paenit . doct. potest fi●ri . . q. . cl●ricum ex conc. agath . can. . tom. . ●o . . de clericis l. . c. § tertia . baron to. . ann. . n. . d●st . hadrianus . st dist. in synodo . to . anno . ●o . . . q. . volumus . dist. . quoniam . li. . dial. . dist. . duo mala. and nerui . de p●niten● . dist. . quamuis in fine . l●c. . . dist. . quia sanctitas . verb. in deserto . . q. . sane pro●e●tur . verb. item . a dist. . in tantum . in fine . . q. . sane profertur . b dist. . canones . et glos . ver . defe●sorem . dist . sacerdotibus . ver . semper . dist. . interd●xit . v●rb . idoneas . dist. . quorundam . v●●sama . ibid. vidua . ver . multorum . dist. . sicut . ver . sicut . alb. gent. de lib. iur. c. . dist. . duo mal● . de concil . autor● l. . c. . § sea obijciunt . dist. . in canonicis . dist. . pierius de barb. sace●do . §. at videte . dist. . quod a patrib . gloss . ver . sabbati . respo . ad georg. sohn . de antichrist . thes. . de pont. l. . c. . § respond . nec . picrius de barba sacerd . § hoc in genere . de vit . & hon . cleri . clericus . d●st . ● . s●ncta romana . . q. . viola●ores . respons . ad docto t●●●lo . propo●it . t●r●a § te●tia haec . marsilij desens . docto. ca. , § e●rat . xi . treat . of mitig . ca. . n. . nu. . nu petr. de vineis . epist. . l. . ca●si●nus lugd●ni . ann. f● . a de v●●ris super eo . b extra● . com. de reliqui cum perexcelsa . c ibid graue . d victorell de custod . ang●lo . fo . . e de consecra . d●st . . pronunciand●m● glos. ver . natiuitas . comitolus r●sp . mor. lib. . q. . maynardus de priuil . eccl. ar. . ● . . . dist. . in istis . de tregua et pace c. . tregu●s . glos . ver . s●ongere . manual . c. . nu. . vgolini . resp . ad . theolo . §. . nu . azor. to. . l. . c. . §. quaer●s . vgotini . vbi supra . albericus in dictionar . ver . elect●o . de electio & elect. potest . venera●●lem . de iure iurendo . vspergens . so● . de sent. et re iudic . in . ad apostolicae . binius to. . par . . fo . . clement . de sentent . & re iudic . pastoralis . anno . clement . de iure iurando vnica . dist. . tibi domino . de pontif. l. . c. . §. septimum . dist. . constantinus . to. . l. . c. . e● . dist. . quae contrae . dist. . lege . dist. . omnes . dist. . du● sunt . . ● . . nos si . . q. . episcopo . ca. patet . ver . innocentius . . q. . alius . . q. . quamuis . petijsti . . q . authoritat●m &c. ibid. . q. . quoniam . ver. quoniam . ver. temperamus . a d'auila par. . ca. . disp. . dub. . q. . iuratis . binius . to. . ●ar . fo . . q. . g●n●rali . de re●us eccle● . 〈…〉 . l. . c. . n. . qui filij sunt legit . causam quae . c. . &c. . & de offic . deleg . ca. . tit. ●od . per v●nerabilem . ver. certis . ● . . de iudicijs nouit no●erit . gra●em de prescriptionibus . de pont. l. . c. . § itaque . ex cod. de prescriptionibus . ver. nota quod ver . tam canonica . cap licet● verb. priuand●● . de ma●●r . & obedient . . tet. . . ver. tanquam de supplend . neglig . praelat . grandi●n sexto . literâ , b. in margine . si fratrum . ver ponatur . . . grego homil. . citat . ema● sa. . sâ . l. . com. in lacam . luc . . ema . s. ● . de pont l. . c. . secundo . extra● . com. de priuileg . m●ruit . licet ●aelici . rescriptorum . anto. august . de emend . grat. l. dial. . tholoza . syntag. l. . c. . n. . 〈◊〉 c. . n● . . de vi et pot. leg . human . ca. . p●r. . c. . c. . extra . de rescript . ex par●● . ibid. si quando . ibid. ad audientiam . ver. manifestū . caranza . fo . . binius . to. . par . . fo . . carran . ibid. id. fo . . dialo . . de purg . l. . c. . altera . histor. de sacr. sindone . par. . epist. ●ector . de libert . eccles. l. . c. . carninꝰ de vi ●t pot . leg huma . c. . man. c. . n. . citat . theod. niem . nem. vitio . tract . . ca. . annal. . ap●end . ad lib. de pont. bell. de pont. l. . c. . § tertia ratio i●●d § & 〈◊〉 . to. anno . n. . dist. . in tantum . & . q. . ●●ane profertur . higgons . fo . . theodor. a niem de scrip. l. . c. na●ar . manual . c. . n. . clem. exiui . tit. de verb. si●ni● . ver. obedientia . a de p●t . pa● . & conc. § sed quia b ibid. § preterea . c ibid. § & preterea . ibid. . si quis e azor. to. . l. . c. . §. tertio . ibid. §. decimaseptima . d'auila de censuris . par . . c. . disp . . dub. . alf. castr. de potest . leg . l. . c. . docum . a comitolus . resp. moral . li. . q. . dig. tit. . l● . . par. de put. de syndic . fo . . mar donatus in sueto . c. . in septimo tit. . c. . apolog. of iesuit , c. . ibid. spongia pro i●suit . fo . . serarius trihaeres . l. . c. . ar. ar. . par. de put. de syn . ●c . fo . . hier. gigas de laes . ma. l. . rubr . . q. . nu. . azoriꝰ insti● . mor. to. . l. . ca praecep . prima § quoti●scu●que . in septimo tit. . ca . a baro●res● . ad card. colum. nu. . cerem sacr . ca. de coron imp. ibid. ca. de creat . duc. binius to. . par . ●o . . clem. de iure iurand . de consecrat . dist. . ego . sess. . de i●sta haereti . punitio . l. . c. d' auila de cens● . par. . c. . disp . . dub. . ibidem . d● pont. l. . c. § hem. alb. g●nt . de l●gatio . l. . exod. . . ro. . . act. . de pont. l. . c. . § quod si . to. . l. . c. . §. tertio . carbo . summa summarum . to. . par. . c. . §. prima . franc. a victor . rele●t . de iure bell● . §. tertium dubium . clem. de sen. ●t re . ●ud . i●a●●oralis . dig. li. . tit. . ad munic . le . fin . . q. . authoritatem . gloss . aduer . haere . l. . c . in princ . de libe● eccles. l. . c . §. secundus . ad leo. a●g . epist. . in princi . epist. . cont. rogat . et donat. de eu●har . l. . c. . §. ac primum . aduer . heres . l. . c bo●osius . in . tit . . c. . azor. to. . l. . c. . §. item eo . in septimo l. . tit. . c. . de euchar. l. . c. . § ac primū de pont. l. . c. . § alterum . d'a●●in . de pot . 〈…〉 . n. . ●x 〈…〉 . ann. . ca. . extra . de heresi . c. . direct inqui. l●t . apostol . pag. , , . cod. l. . tit. . l. § si vero . de sent. & r●iud azor par . . l. c. . § item eo . serar . tri●● . l. . c. . de euchar. l. . c. . §. ac primum . a vercelleus . de vnitat eccles. c●●seru . . q. . hoeretic . ex . lib. de vtil . credendi . gal. . . cod. l. . tit . . ●e . ibid. en●hird . i●d . tit. . n. . in dig. l. . de dam●nfe . le . . nu● . ca. . conc. trid. sess. de peccat . orig. sayr . thes. cas. con●c . l. . c. . n. . & . . cor. . . desensio . b●ll . l. . c. . ca● . . turon . . ca. ●●t . binius to. . fo . . dist. . consuet●d●●em . ver . fid●m . de consecrat . dist. . si non . ●●r . catholicum . i●septimo ti● . . c. . l. ● ●●uer . 〈◊〉 c. . de veland . v●●g . c. . alf. castr . adu . ha● . l. . c. . de pont . l. . c. . § ex his . append. ad lib. . bell. § interin . ae . q. . ar. . ad . d● haer●sib . alf. castr adu . heres . l. . c. . catalog . test . ex mat. paris . anno . b vercell . de vnitat . eccles. epist. . turibio . in fine . one antidote more, against that provoking sin of swearing, by reason of which this land now mourneth given forth from under the burden of the oppressed seed of god, by way of reply both to henry den's epistle about the lawfulness, antiquity, and universality of an oath, and his answers to the quakers objections against it, recommended (by him) to all the prisons in this city and nation to such as chuse restraint, rather then the violation of their consciences : and also to jeremiah ives his printed plea for swearing, entitituled, the great case of conscience opened, &c. about the lawfulness or unlawfulness of swearing, which said reply to these two opposers of the truth, as it is in jesus, is recommended not onely to all the prisons in this city and nation, and to all such real christians, as chuse restraint rather then the violation of their consciences, but also, to all such nominal christians out of prison, as, rather then restrain, chuse to purchase their earthly liberties by swearing, to the violation of the command of christ, who saith, mat. . , swaer not at all. jam. . , above all things my brethren swear not / by samuel fisher ... fisher, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) one antidote more, against that provoking sin of swearing, by reason of which this land now mourneth given forth from under the burden of the oppressed seed of god, by way of reply both to henry den's epistle about the lawfulness, antiquity, and universality of an oath, and his answers to the quakers objections against it, recommended (by him) to all the prisons in this city and nation to such as chuse restraint, rather then the violation of their consciences : and also to jeremiah ives his printed plea for swearing, entitituled, the great case of conscience opened, &c. about the lawfulness or unlawfulness of swearing, which said reply to these two opposers of the truth, as it is in jesus, is recommended not onely to all the prisons in this city and nation, and to all such real christians, as chuse restraint rather then the violation of their consciences, but also, to all such nominal christians out of prison, as, rather then restrain, chuse to purchase their earthly liberties by swearing, to the violation of the command of christ, who saith, mat. . , swaer not at all. jam. . , above all things my brethren swear not / by samuel fisher ... fisher, samuel, - . [ ], p. printed for robert wilson ..., london : [ ?] reproduction of original in cambridge university library. eng denne, henry, or - ? -- epistle recommended to all the prisons in this city and nation. ives, jeremiah, fl. - . -- great case of conscience opened. oaths -- early works to . swearing -- early works to . a r (wing f ). civilwar no one antidote more, against that provoking sin of swearing, by reason of which this land now mourneth. given forth from under the burden of t fisher, samuel f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion one antidote more , against that provoking sin of swearing , by reason of which this land now mourneth . given forth from under the burden of the oppressed-seed of god , by way of reply both to henry den's epistle about the lawfulness , antiquity , and universality of an oath , and his answers to the quakers objections against it , recommended ( by him ) to all the prisons in this city and nation , to such as chuse restraint , rather then the violation of their consciences . and also to ieremiah ives his printed plea for swearing , entitituled , the great case of conscience opened , &c. about the lawfulness or unlawfulness of swearing . which said reply to these two opposers of the truth , as it is in jesus , is recommended not onely to all the prisons in this city and nation , and to all such real christians , as chuse restraint rather then the violation of their consciences ; but also , to all such nominal christians out of prison , as , rather then restraint , chuse to purchase their earthly liberties by swearing , to the violation of the command of christ , who saith , mat. . . swear not at all : iam. . . above all things my brethren swear not . by samuel fisher , now prisoner in newgate for his testimony to the truth of iesus , this th . day of the th . month , . for the land is full of adulterers . for because of oaths the land mourneth , &c. jer. . , , , &c. by swearing , and lying , and killing , and stealing , and committing adultery , they break out , and blood toucheth blood . therefore shall the land mourn , and every one that dwelleth therein shall languish , hosea . , . lond●● printed for robert wilson , in martins near aldersgate . one antidote more against that provoking sin of swearing , by reason of which this land now mourneth , &c. the ministers of justice ( so called ) taking occasion ( whether justly or no , god will judge ) by the king's late proclamation , ( occasioned through that late desperate attempt in this city of london ) to flye with great force and violence upon thousands of people living peaceably and quietly , professing godliness ; and more fiercely then on any others , upon those called quakers , whose practice , principle , profession , purpose and promise it hath been , and is , to forgo all fighting with carnal weapons , so as never to lift up an outward sword against the king , or any other man , so much as in the defence of themselves , much less the offence of others , nor to learn war ( in that kind ) any more ; have driven the●… by droves into prison , insomuch as ( england never saw the like ) the prisons are so full , that there is hardly any room for more . and though the innocency of the foresaid people appeareth many ways , as well by the confession of the dying offenders , as their own protestations , and the confession of the men that would be glad to find occasion against them , but are not able , neither will they in any thing , save pertaining to the worship of god ; yet are they kept in bonds , as with a snare , which at this day holds them in , and shuts the prison doors upon them , in that , though they are taught by christ and his apostles , matth. . . iam. . . not to swear at all , or in any wise , no not by any oath whatsoever ; yet that oath of allegiance ▪ ( required at first for no other end but the finding out of popish recusants , and the tryal of mens faithfulness to the king , after the discovery of that papistical piece of treachery in the horrid powder-plot in k. iames his dayes ) is now ( besides the first true intent and purpose of it ) by some ( who more deeply despited & dis-served the late king , his father , then they can ever serve the king now reigning by their furious drivings ) more in malicious hatred against the quakers , his truest friends , then in any right love or friendship to him , most illegally and unduly imposed on the quakers , who by hen. den himself , in his quaker no papist , are prov'd to all men to be no papists ; and of whose active obedience to him in all things lawful , as well as of their passive obedience , or patient suffering under the imposition of things unlawful , without violent resistance , both the king and his council , as well as most sober-minded men throughout this nation not only may be , but ( i verily believe ) even are also , by this time , informed sufficiently to satisfaction . i say , the said oath is unduly imposed , or rather unjustly used , as a spiders web , as some net or evil engine , wherewith many envious minded men design the entrapping , entangling and ensnaring such harmless , honest , innocent , and tender-hearted people , against whom they bear any private grudge , particular spleen , or personal enmity ; so that when they would ( in way of revenge ) express themselves to the terrifying of such fools as they think will be frighted by it , some that judge themselves to be iustices , more by their commission from the king to do iustice , then by their doing it , threaten them with the imposition of the oath ; which silly doings of some men , that know not how rightly to rule themselves in their place of power when they are got into it , made ( as i have heard ) one , who was not ●…o tender of taking the oath , as his adversary thought he was , when he received this threatning message from the iustice , viz. tell him , i will tender the oath to him , very readily return this answer to his foe , who hoped to fright him by it , viz. tell him , that i will take it , if he do . thus crookedly and cruelly are things carried among the unjust iustices , and that seed of evil-doers which is never to be renowned , in the dark places of the earth , which are full of the ●…abitations of cruelty , against the righteous seed , and the children of the light , who are more conscientious then to be ( as the other are ) conscious to themselves of evil-doing ; yea , and so partial in the law , and in the administration of that they call iustice , are some of the ministers of it , that such as they have a spight at , though living ●…ar from them , and known in their enemies own consciences to be both peaceable and unsusp●…tious persons , shall be pulled out of their friends houses , and pick't up in the very streets , to have the oath , on pain of imprisonment , and loss of all , imposed on them ; when others whom they are willing to wink , and very careful to connive at ; yea , profess'd popish re●…usants ( in security of the king against whom onely the law for the oath was at first intentionally and directly made ) may sit securely under the very noses of some of these new-found lawless iustices of neither peace nor truth . insomuch that though the quakers generally , and some few baptists ( while at liberty ) rather chuse imprisonment , then to take that oath , or any other ; and those thousands of quakers , and some of those baptists who are in prison , and have liberty proffered upon condition of taking the oath , do rather continue there , then purchase their liberty with swearing : yet very many baptists both in prison and out , in kent , and elsewhere , being misled by the crooked examples , and mis-taught by the crude conceptious of their untaught tea . chers , that it is lawful to swear in some cases , do chuse rather to purchase their liberty by swearing , then either to come into , or continue in prison : yea , and three or four of those who have sometime gone under the denomination of quakers also , to the great terror , distraction , and wounding of their spirits , so that some of them have cryed out for horror of heart , and have confessed they were in greater bonds then those in prison * [ witness the tenor of a letter from one of them at windsor , for a warning to such as yet stand , set down here in the margent ] have rashly subiected themselves for fear , to mans will , against god's in that particular . now that i may prevent the impendent evil consequences necessarily following those men first or last , who for fear of man shall venture to violate christs command against swearing ; to which not only i. tombs in his late trifling treatise , ( replied to already by my self briefly in the epistle to my book , stil'd , the countrey correcting the clergy ; and more fully by r. hubberthorn ) but also more lately h. den in his epistle to all prisons , and more lately yet ier. ives , in proof of the lawfulness of swearing , have done their best to perswade men . i shall first examine the weakness of h. d's , and i. ●…'s . proofs for it . . strengthen those of ours against swearing , from those two capital texts , matth. . iam. . which , they two with as little strength of reason , as to little purpose labour to overturn . i shall begin first with h. den's do-little , ( since his sheet came came out first ) a man that was wont to do better , and much more , ( being a man of more than ordinary ability ) when he disputed against the priestly darkness behind him , yet here left justly of the lord to bewray great weakness , for his pushing at a people that are in the light before him : so let all the wisdom of such , as know not thy hidden ones in that , in which alone thou and thine can be manifest , perish from them ( o god ) and be converted into foolishness . next i shall shew the n●…rrowness and shallowness of those two sheets under which ( lest h. d's single one should not be enough ) ier , ives having sham'd himself among the saints by swearing , ( seeks more subtilly and shufflingly then su●…cessfully ) to shroud himself out of sight , that the shame of his nakedness may not appear to all men . yet where their words and arguments are coincident , i shall take notice of them so , as to return answer to them both together . in proof of the lawfulness of some swearing now , henry den propounds two things : first the antiquity , secondly , the universality of that practice . in proof of its antiquity he propounds two periods : the first is about three hundred years after the moon , in the daies of seth. the second about four hundred years after the flood , in the daies of ahraham . from the first of which he conjectures onely that probably it might be . from the second he concludes undoubtedly that it was then in being . as to the first of these two periods , i have two things to say to it , whereby to discover its invalidity to evince the now lawfulness of that once ( confessedly ) lawful , or at least allowed course , or custom of solemn swearing . first , that 't is but upon a meer fallible , uncertain , unwarrantable conjecture at best ( by h. d's own confession ) on which he derives the now-warrantableness of solemn swearing from so high as those daies of seth ; witness his own words here under-cited , out of p. . of his paper , viz. for the antiquity of it , although i cannot say that the practice is as old as the moon ; yet i have cause to conjecture , that it is not above years younger : indeed what the old world did in this case the scriptures do not speak plainly , and therefore i will pass it by . by which we plainly see as concerning the first p●…riod pitch'd upon by h. d. as his proof of the antiquity of swearing , that , were it an antiquity high enough from whence to argue the lawfulness of that ceremonious custom ; yet it is but doubtfully conjectured , and but probably concluded by him , that it is so antient , as to be in use at all in the old world before the flood ; for he confesseth , that what the old world did in this case , the scriptures do not speak plainly : and can h. d's cloudy conjecture , that probably 't is not above years younger than the moon , be a cogent consequence to tender consciences in a case of such concernment as this ; wherein they prizing their peace of conscience , with prison and confiscation , before liberty and all they have , with the violation of them , do lack no less evidence to their conviction and satisfaction , then infallible and scientifical demonstration ? secondly , that if it were as certain , as 't is but conceived by h. d. that that practice of swearing , by him now pleaded for , was then in use ; and were it as undoubtedly , as 't is but doubtfully derived thence ▪ yet that is not a period so antient , as can serve to prove the now-lawfulness of any sort of swearing since christ , who put an end to it , any more then it may serve to prove the lawfulness of now sacrificing the fruits of the ground , and the firstlings of the flock in that ceremonious manner as was once , and that long before that of swearing , apparently in use , till christ the substance of all ceremonies and sacrifices ended it by the sacrificing of himself ; yea , no more than it may serve to prove the lawfulness of sin it self , which ( though not de jure , yet de facto ) was apparently practised by mankind before either sacrificing or swearing . which said ceremony * of swearing , as now used and imposed , with the hand laid on a book , with kissing , or lifted up , is now ended in christ , the witness , covenant , or oath of god . that it was used de facto , before christ ( had it been clearly derived from the time pretended to by h. d. ) cannot clearly prove , that it now is in use de jure . god under moses and the law , as he suffered other things that were not so from the beginning , because of the hardness of men's hearts ; so because of the hardness of men's hearts to believe each other , while they are besides the light and truth , in the fall , in the lye , in the deceit , in the darkness and the strife , and so under the law ; suffered it so to be as it was in the case of swearing , in order to their satisfaction of each other ; but from the beginning , before sin entered , it was not so ; nor is it now so among the saints and true churches , that are in god ; nor shall it be so in the end , as men by the light come back out of the strife , and other deeds of darkness , into christ the image of god , after which man was at first made ; the substance of all shadows , the end of the law , that alpha and omega , the first and the last , the beginning and end of all things . and as to h ▪ d's second sort of new antiquity , wherein he sinks well nigh two thousand years lower , and falls almost as far below the flood , as he fell below the moon in the former , ( which second period he mainly insists , and puts the greatest stress upon ) though it is not denied , but that swearing was then in use , ( and so h.d. might have spared his pains in proving it , for i know none deny it to have been used from that time to christ's ) yet it is such a young piece of antiquity , as is not worthy to bear that denomination of antiquity , being but a time of meer novelty to the former ; which former yet , is but meer novelty with us . much less then is it an antiquity old enough to be urged in proof of the lawfulness of all such actions , as were used i●… its dayes . for , as when h.d. argues probably from seth's time , thus ; then began men to call on ( i.e. ) ( according to his meer conjectural construction ) to swear by the name of the lord : therefore swearing by the lords name is now lawful : i might lawfully by way of argument from seth , yea higher , from cain & abel , urge thus : then began men to burn sacrifice to the lord ; therefore to burn sacrifice to the lord in the old ceremonious way is now lawful ; yea higher yet , from adam , thus ; then began men to sin against god ; therefore to sin against god is now lawful : so when h.d. argues more positively from so low as abraham's time , thus : abraham sware by the name of the lord ; therefore to swear by the lords name is now lawful : let him but excuse me in stepping but two or three rounds low●…r , i. e. two or three generations further , viz. to ioseph from abraham , who was but his great grandfather , and ( on the same account of but a little younger antiquity , if any man's practice , and not christ's precept onely , were a christians rule ) a man may prove it now lawful to swear by other matters , which all men judge it unlawful now to swear by , as namely by the life of kings and princes , on this wise , viz. to swear by the life of pharoah , was in use in joseph's days , and usual also with joseph himself ; therefore the christians who are brethren of ioseph , whose afflictions men mostly forget , may now lawfully swear by the life of charles ; the lawfulness of which , h.d. himself , i deem , and all his brethren also , the modern baptists , do utterly deny . i have done with h. d.'s argument of antiquity , which he makes so much of , as to judge it clearly carryes the case his way , glorying in it in this manner , ( viz. ye see the practice may justly plead antiquity ) as if he had urged some great , important , and impregnable matter ; whenas , as it brings not a jot of prejudice to our purpose , who implead that practice of swearing ; so it adds not a pins worth of profit or proof to his own , who is pleading for it ; sith as the highest antiquity he pretends to , can ( by his own confession , for ought appears from scripture ) at best but probably , and therefore not justly plead its patronizing of , or claim any acquaintance with that practise of swearing , so ( were it as infallibly evidenced , as 't is but dubiously conjectured ) that it was at all before the flood , or but three hundred years younger then the moon , yet ) even this , much more that , which was since the flood , is but an inferior antiquity in comparison of that from which sacrificing and sinning may both be proved to have had a being ; yea , but an upstart piece of novelty in the eye of that church , which is now coming out of the wilderness , fair as the moon , clear as the sun , terrible as an army with banners ; even the woman that bears the man-child , and is clothed with the sun of righteousness himself , by whom the moon was made ; and hath the moon also , even all moveables , under feet : thus h.d. hath faultred fowly in ipso limine , at the very entrance of his work , in alledging that in proof of another thing , which he dares speak but conjecturally of himself , and its ill stumbling at the threshold . h. d.'s next is the universality of this ceremonious course of swearing , and that as to persons , places , times : all sorts of persons ( quoth he ) god , christ , angels , apostles , kings , princes , priests , prophets , righteous , holy men in all places , heaven , earth , and all nations , by practice , precept , prophesie , at all times swear warrantably without blame , therefore so may we now , here 's the sum●…nd strength of h. d's second stilt , on which stands the decrepid proof of his crazy cause , or piteous poor plea for swearing ; all which particulars , ( with most of i. i's miserable matters , which fall in very fitly with them for it ) are now to come under consideration . rep. . that god sware , we affirm & deny not ; but that confirms what we deny against h.d. and i. i. who affirm it , that swearing is now to be us'd among men , as in dayes of old , god's word of the oath , which is since the law , under which ( as a type of the truth of god's word , covenant and promise to men in christ ) men used to swear by god one to another , which word of his oath also consecrateth not such men high priests , as were of old , who were subject to change , and had infirmity ; but him who is holy , harmless , undesiled , separated from sinners higher then the heavens , a perfect high-priest for evermore , after the order of melchisedec , of salem king of righteousness , and also king of peace , made ( not as they , after the law of the carnal commandment , but ) after the power of the endless life ; i say , that word of gods oath , is that one eternal , substantial oath , that ends all strife , of which all oaths us'd for confirmation by men , that are in strife with god and one another , were but the figure , ceremony , or shadow for a time , and before which at christs coming in , they ( though ( de facto ) they do not ) yet ( de iure ) ought to end , cease , decrease , vanish , and flee away , as sacrifice , and all other fleshly forms and figures , ceremonies and shadows of christ , the truth , ought , which are not the very substance or thing it self , heb. . . for the law , or letter in the time before christ , having but the shadow of things to come , and not the very substance of the things themselves , gives way with all its sacrifices and ceremonies , to christ ; wherefore it 's said when he cometh into the world , sacrifice and offering thou delightst not in , but a body hast thou prepared me ; in which ( as 't is written of me in the volume of thy book , ( or everlasting counsels ) lo , i come to do thy will o god : so god taketh away the first will , testament or covenant , that he may establish the second ; the first sacrifices , that he might establish the second , the sacrifice of himself ; the ceremonies and shadows , that he might establish the substance ; the type , that he might establish the truth ; the first kind of oaths , or course and custom of swearing , which oaths men brake by forswearing themselves oft , that he might establish that of the second or new-testamnet , even the unchangeable oath of god , which can never be broken , made by god himself to men , between whom and him , through sin , the strife and enmity was , that they might have full satisfaction that he is in christ , in whom all his promises are , yea , and in him amen , reconciled to the world , not imputing trespasses to them , but as they shall persist in irreconcileableness to him , and that they might have strong consolation concerning his love to them : for as under the law of old ( as in these dayes also it is ( but not lawfully ) us'd among men that are under the law , i.e. in the strife , and other works and lusts of the flesh , and unbelief toward each other , which who are in , and led by , and not of the spirit , are under the law ) an oath for confirmation was used to end strife ; so gods oath or swearing , which is without repentance , ( as mens rash oaths and swearing now-a-dayes will not be ) for he sware , and will not repent of what he hath by oath confirmed in christ , i say , god's oath for confirmation to us , may end the matter among any , but utter unbelievers , and give satisfaction and full assurance to any , but such as being out of that love , which believes all things , and in the hatred and enmity , which believes nothing , that christ is the high-priest for ever , by whom his wrath , who hath had the wrong , is appeased , and is his well-beloved son , in whom , with all that will be reconciled to him , he is ( all their enmity , rebellion and iniquity notwithstanding ) well pleased : therefore it 's said heb. . we desire you to give all diligence to the full assurance of hope unto the end , that ye faint not , ( i.e. ) in your faith ; but be followers of them who through faith and patience inherit the promise ; for when god made the promise to abraham , because he could swear by no greater , he sware by himself ; for verily men swear by the greater ; and an oath to confirm , end●… the strife : so god , willing more abundantly to shew unto the heirs of promise the immutability of his counsel , as concerning peace with them , though they have acted enmity against him , added an oath , that by two immutable things , i.e. not his bare word , or single promise only ( which had been enough , if man by his enmity and hatred of god , had not made himself hard of belief that god should now love him ) but his oath also ; in either of which two 't was impossible for god to lye ; we might have strong consolation , who have fled to the hope set before us , ( christ in us the hope of glory ) which hope we have as an anchor of the soul , sure and stedfast , which 〈◊〉 into that within the vail , where the fore-runner is for us entered , even iesus , who is made an high-priest for ever after the order of melchisedec . and now forasmuch as the very stress of h. d.'s argument from the example of gods swearing , lies in this unanswerable question ( as he supposes it ) p. . can that be accounted an evil ( if not easily undertaken ) whereof we have the lord for a president ? i answer , that may be accounted an evil in us to do by way of imitation of god , because we read he did so ( how uneasily soever undertaken by us ) which yet was onely and purely good in god when he did it , unless we have him in that , propounding himself , as our president , and have his express command to do the self-same ; god both slew his own son , and as a type or figure of it , in the same chapter wherein he is recorded as swearing by himself , gen. . . . . bad abraham slay his own son ; yet though 't was good in god , 't would be evil in us , and the worse , by how much the more seriously undertaken by us , to bid any one slay his onely son , upon the account of gods bidding abraham do so , without gods express commission to us to command another to do the same ; so though god sware , and ( as a figure of his oath , to end the strife between men and him ) allowed men under the law that ceremony of swearing ; yet 't is evil in us either to swear , or enjoin men to swear now , without gods special and express command for it , whose express prohibition against it we have in his new will or testament , which we are now under , who are not under the law , but under grace . finally , to h. d's question , what thing god did , which can be evil in us if we do it ? i reply ; some things are prohibita quia mala , forbid to us because evil in themselves , as lying , doceit , &c. and such things god never did at all , ( muchless as a president to us ) some things are mala quia prohibita , evil to us meerly because forbidden , yet were good when commanded ; and such if god should do , we may not ; and of this sort is that of sol●…mn swearing , which to us is now as unlawful and evil , as circumcising children in the flesh , and requiring the old customs of the iewish law , and the letter , which now the gentiles are crept into , to whom is given the outer court of carnal commandments , shadows , signs , figures , types and ceremonies , fleshly , empty formalities , beggarly rudiments , bodily exercises , divers baptisms , eatings , drinkings , and other outside observations , and ordinances of divine services performed in worldly sanctuaries , in which the old covenant stood , impos'd only till the time of reformation , restoration , regeneration , and restitution of all things to the beginning by christ , the substance & end of all those , acts . . heb. . . . . psal. . . matth. . . acts . . such god once permitted , yea commanded , as dark , obscure , external , and temporal representations of future more clear , spiritual , substantial , soul-saving , powerful , internal , and eternal truths ; but now forbids ; the one sacrifice of his son , the one circumcision of the heart , the one baptism and supper ; his own one immutable oath to us , and our yea and nay in christ , standing among the holy seed , which is the substance of the oak , whose fair leaves are now falling off , and instead of all these , and as the substance of them all , and that for ever . isa. . . . and as for the angels swearing , which is alledged by h.d. as an ensample to us ; for ( quoth he ) an angel swears , rev. . . . what 's that to us ? if an angel from heaven should preach any other doctrine then what is preached by , and received from christ and the apostles , let him be accursed ; i say it again , let h●…m be accursed : yet i say not that the angels , who are ministers of the law , ( for the law was given by the dispensation of angels in the hand of the old mediator moses ) though they sware , are accursed ; for that ceremony of swearing belonged to the law , that was given by them ; but i say , this is no president for them who are under the doctrine of the son himself , who are not to go back , so as to rebel against the commands of the son , to follow the bare example of the servant moses , in whose hand the law was given by the dispensation of angels : moses was faithful in all his house ( the old israel ) as a servant , for a typical testimony of those true things that were to be spoken after heb. . , , but christ , who is counted worthy of more glory then moses , is the son over his own house , the true israelites indeed , in whom is no guile ; the great and chief shepherd over his own sheep , who hear his voice ; on whom the servants and their law , i.e. moses and the angels , have now nothing to do to impose , read heb. . god who , &c. to the end . we see how the angels are inferior , not only to the son himself , the heir of all ; but also ( as ministers and servants ) unto the least of those , who are heirs of salvation , and of all things , both with , in and through him , whom yet h.d. represents as inferiour unto them , as those , who are but on earth , may be said to be to such as abide in heaven : for when he comes on to tell of the swearing of christ from the angels , which angels he ranks with god among such as swear in heaven , come we ( quoth he ) to the earth ; as if the being of angels were onely in heaven , and the being of christ only upon earth ; whereas that very angel he instances in , as a president of swearing to us , is in that very place , rev. . recorded as standing no higher then on the sea , and earth ; but christ the son ( were h. d. capable to read the mystery and riddle of it ) had he sworn in that iohn . . where h. d. reckons on him as swearing on earth , might well have been rankt among the swearers in heaven , being at that very present in heaven , as he saies himself ver. . the son of man which is in heaven . but h. d. being yet where i once was with him , among those who look for the kingdom of heaven , which is ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) within men ( even those men that never enter it , as christ said to the pharisees , bidding his disciples not to go forth to look for it among them , who drew outwards with their lo here , and lo there ) in outward observations , with which it comes not , is so innocently ignorant where heaven is , that ( though more darkly and diminutively , then some others , who open wider ) in some degree ( witness his two secret jerks at the quaker , and the light within , p. , and . of his perverting paper ) he rather blasphemes the name of god , and his tabernacle , i. e. the light in which god dwells , is , and is known ; and those , ( i. e. those quakers ) who dwell with christ in heaven . the next argument then , ab exemplo urg'd in proof of swearing now , is that of christ , of whom h.d. and i. i. both do intimate it ( as their own conceit at least ) that he sware ; and therefore lawfully may we now , think they . in evidence of his thoughts that christ sware , h.d. alludes to ioh. . . saying ( not positively , but suppositively onely , p. . ) if the verily , verily of the son of god , and our redeemer , should not amount to so much as an oath , as some think ; yet is it more then a bare yea and nay : in evidence of his more confident conceit and thoughts that christ did sware , and consequently that we now may , i. i. cites and alludes to matth. . . and that in two places of his prittle prattle , des●…anting as emptily as amply on it in them both , viz. p. , . and again p. . whose words are here set down , that he may have no just occasion to say i wrong him in my answer . a man may be solemnly sworn when he is adjured by another , for to adjure ( quoth he ) in plain english , is to charge one to swear , or to exact an oath , & therefore we read mat. . . that the high-priest adjured christ by the living god : beza more plainly reads it , that the high-priest charged him to swear by the living god , if he were the christ the son of god : so p. . swearing was used by christ himself , mat. . . the high-priest adjures him by the living god ; or as it is in plain english , he charged him to swear by the living god , to tell him whether he was the christ the son of god ; 〈◊〉 which adjuration iesus answers , thou saist , or i am ; for so it is ( quoth he ) mar. . . now to answer to a matter when one is adjured by the living god , though it were but yea and amen , is sweating . rep. to h.d. & i.i. i return two things ; . that if christ had sworn in the two places and times respectively , in which these two men seem to say he did ; yet it proves not the legality of it now to us . . as 't is but doubtfully delivered by themselves , so it 's utterly denyed by me , that in th●…se cases , phrases , and places of their alledging , christ did swear at all . first , had christs verily , verily , and his answering i am , when the high-priest asked & charged him to tell him whether he were the christ , amounted to a formal oath , such as is now imposed and pleaded ( but it was far from it ; for there was no requiring to lay his hand on a book , and kiss it , and swear by god , and the holy evangelist , and such like ; without which our present iustic●… wil not own any man as giving sufficient satisfaction or confirmation to end the strife , let us speak never so solemnly as in the sight of the living god , but strive endlesly with us , as suspitious persons , from whom the king can't be secured , unless we take the oath in that old mee●…shadowy way ) yet this was all in the time of the law , and under it , before christ by his death had put an end to it : for though in the last a●…d latest of the two terms which these two men take their texts and talk from , to prove swearing lawful under the gospel , from christs example , he was so nigh it , as to be summon'd before the priests in order to it ; yet he was not actually offered , no●… had as yet actually suffered , & so not actually put an end to the law , which till he had , he was under the padagogy of it , as the iews were , and therefore might use some such swearing as was used under the law , and that be no warrant neither for us now to swear , who together with him that was once made under it himself , are now redeemed from under the law , to under the gospel , and are now no more under the law , but under grace , rom. . . the heir himself under age , differs not from a servant , though lord of all , but is under tutors and governors , &c. so we , when children , were in bondage to the elements of the world ; but when the fulness of time was come , god sent forth his son , made of a woman , made under the law , to redeem them that were under the law , that we might receive the adoption of sons , gal. . , , , , . so that if christ had sworn before he was offered , yet to argue thus ; christ while under the law , a little before he dyed , did swear ; therefore may we swear now under the gospel ; is as poor a piece of proof , as to say , christ under the law before he dyed , was circumcised , had two turties offered for him , eat the passover just before he was betrayed , and was subject to other rudiments and ceremonies of the law ; therefore we now must be circumcised in flesh , offer sacrifice , eat the passover carnally , and be sub●…ect to the other carnal ordinances of the law , in these dayes of the gospel . but secondly ; howbeit h. d , sayes , some ( of whom himself surely is one , or else it were silly in him to cite other mens think-so's , which are not his own , in prosecution of his own argument ) do think that christs verily , verily , was an oath : yet verily , and of a truth 't is but their bare , unwarrantable , and groundless thought ; which bare thought also h.d. is so far from backing with any matter of evidence to prove it sound , that he rather falls back from it , sinking through this meer supposition , ( viz. if christs verily be not an oath ) at last into no other then this slender position , ( viz. yet it s more then yea and nay ) in which he miserably mistakes himself too ; for though ( as to degree , which varies not the nature of any thing ) it 's a more strong one , yet ( as to its nature ) it s no more then a strong asseveration , which amounts no more to the nature of an oath , then yea or nay does : or if h.d. and others , who impose it upon us to swear , will needs have it so that verily , verily , is an oath , we are willing to any truth we testifie , whether in an assertory , or promisory way , before either magistrates , or any other men , to do it under that form of verily , verily , might that be taken ; but we have experience sufficient , that so much as that , and much more , will in no wise satisfie h.d. who fights without an adversary in quarrelling with the quakers , as un-free to say verily , verily ( for they are free to that ) or those magistrates whom the quakers have to do with ; for how free soe're any of us are to assure them with verily , verily , that is to say , truly , truly , which lyes in the yea , that we have no evil intents toward the now king ; and both truly and sincerely to acknowledge him , before any other man , to be the right heir to these his kingdoms ; and to profess , testifie and declare in our consciences before god and the world , against the pope , that the pope neither of himself , nor by any authority of the church or sea of rome , or by any other means , hath any power or authority to depose the king , or to dispose of any of his kingdoms or dominions , or to authorise any forraign prince to invade , or annoy him , or his countreys or to discharge any of his subjects of their obedience to him ; or to give license or leave to any of them to bear arms , raise ●…umult , or to offer any violence or hurt to his person , state or government , or to any of his subjects within his dominions ; and to declare from our hearts , according to our often professed and published principle , that , notwithstanding any declaration , or sentence of excommunication or deprivation made or granted , or to be made or granted by the pope or his successors , or by any authority derived , or pretended to be derived from him or his sea , against the said king , his heirs or successors , or any of the popes absolutions of the said subjects from their obedience ; yet we will be faithful , trusty and peaceable towards him and all men , & , though for conscience-sake we cannot take up arms nor carnal weapons for our selves nor any man , yet in what ways we are capable with good conscience to god , we wil seek to secure him against all traiterous conspiracies and attempts made against him or any man , by reason or colour of any such popish sentence or declaration : and to declare , that we do from our hearts abhor , detest and renounce as impious and heretical , this damnable doctrine and position , that princes which be excommunicated or deprived by the pope , may be deprived or murdered by their subjects , or any other whatsoever ; and to declare as in the sight of god , who is witness that we lye not , and knows the truth of our hearts , and in the presence of the living god , which h. d. says at least is an oath , ( for an oath is nothing else but a religious promise , quoth he , p. . ) our real intentions as much as is possible , and in us lies , to live peaceably with him and all men , and to wrong , injure , defraud nor him , nor any man , &c. and to submit our selves to every ordinance of man for the lords sake , whether king as supream , or those that are sent of him for the punishment of evil-doers , and the praise of them that do well ; and to be subject in civil things , to all just laws made by that of god in the conscience ; and where unjust laws are made , to suffer patiently without rebellion or violent resistance ; which is such a passive , as is equivalent to other mens active obedience . yet all this , though most substantial , ( if accepted by h.d. ) shal in no wise be accepted by those oath-imposers with whom h.d. and i. ives side aginst us , unless there be a conforming to the ceremonious customs of the nations , which are vain , so as to swear upon a bible , and kiss the book , and lay one finger at least upon it , and to be sworn by so help me god , and the holy evangelist , and his holy gospel , which ( though the copy of it may ) is more spiritual then to have carnal hands laid on it , and a number of such superstitious superfluities , which issued forth from the womb of that dismal darkness , which dwelt here in the time of the popes undue power over this nation ; which romish reliques all true protestants against his peterdom , may in these dayes of light be asham'd of ; yea , though they tell us it's oath enough to assert , deny , or promise as in gods presence , and to say , god is witness that we lye not ; yet if our testimony be given forth freely from our selves in any such form as this ; that is not then own'd for swearing by themselves who do so call it , if the book be not fingered : witness the case of one friend call'd a quaker , who calling god to witness , see ( quoth the magistrate ▪ he swears : but when the said friend replyed thus ; wil ye take that for an oath ? 't would not then be own'd as an oath by the said magistrate who so call'd it ; and if any magistrate in this city or elsewhere , upon the reading hereof , knows assuredly that i speak of him , i speak of him indeed . . howbeit i. ives ( not for want of ignorance ) asserts , that the high-priest's charging of christ by the living god to say whether he were the christ , was a charging christ to swear ; and that christ answering , when he was charged by him , did swear , and so that christ's answer was an oath ; yet to any but such a one whom the fear of suffering drives to swear , and the shame of swearing drives by hook or crook to defend it when he has done , these two things are clear enough : . that neither the high-priest did command christ to swear . . that christ in his answer to him did not swear at all , as i. i. more ●…naingly then clearly suggests he did . i. i. saies the high-priest adjured him by the living god ; or ( as it is ( quoth he ) in plain english ) he charged him to swear by the living god . . that to this adjuration jesus answers , thou sayest , or i am ; and so sware . rep. both these two things are false . . the high-priest did not charge him to swear by the living god . . he did not swear by the living god . in proof of the first , that the high-priest did charge christ to swear , i. i. insists at large on the word adjure ; for to adjure ( quoth he p. . ) in plain english is to charge one to swear ; or , to exact an oath : the high-priest adjured christ by , &c. beza ( quoth he ) more plainly reads it , charged him to swear by the living god . rep. both i. i. and beza also are besides the business ; for how beit the greek word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is englisht , i ad●…ure , yet it 's not absolutely necessary it should be so ( as it must be , if it be demonstrative of i. i's assertion ) but as it may and doth signifie strictly to adjure ; so it properly may , and often doth signifie to charge , command , or oblige one , as by word , or promise onely : for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} being either of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to 〈◊〉 : or ( as some ) of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a bo●…nd , or limit ; signifies originally to bind , limit , confine , or engage one any way ; viz. as by b●…re promise as well as oath : and no less doth io. tombs in a m●…nner plainly intimate and confess , to the consutation of himself in his trivial talk for swearing , by saying that pauls charge to the church , thes. . . where the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is used and rendered i charge ; & those his two charges to tim●…hy , tim. . . tim. . . where the words {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} are used , & englished ▪ i charge , are all alike ; for the two last greek words are at most no more then to engage one , as in the sight of some witness , ( god or man ) or solemnly to charge or command , not so strictly as to swear one , though {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may be taken in the more moderate sense , i. e. any way to charge one , as well as in that rigid way of swearing , and is at most no more then thus , viz. i en●…oin thee as strictly as if thou hadst promised or sworn . moreover its most evident to the contradiction of i. ives and beza also , from whom , and ainsworths meer opinion , if not male-construction , he furtively fetches two or three of his sorry shifts , wherewith to salve the absurdity of his own sorry sayings ; that to adjure ( if we render {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in that strict sense ) is not ( as i. i. sayes it is ) in plain english to charge one to swear , or exact an oath ; and that the high-priest did not ( as beza sayes he did ) charge christ to swear by the living god : for if the phrase ; i adjure thee by god , be to charge or command one to swear by god , then to say i adjure thee by iesus , is to command one to swear by iesus ; which sence is as absurd , as 't would be most absurd to read that passage where the vagabond iews imitating paul , charged the evil spirits in the name of iesus to come out of men , acts . , . thus , viz. we charge you to swear by iesus whom paul preacheth ; for 't would suppose the whole design of those exorcists was to cause the evil spirits to swear by iesus , whereas their design was to cause them to depart out of the men ; and 't would suppose that the commands of paul ▪ acts . . thess. . . tim. . . . tim. . . who sayes to the thessalouians , to timothy , to the spirit of divination ( respectively ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i adjure or charge you that this epistle be read , &c. i charge thee in the sight of god , or before god and christ , that thou preach , that thou keep the command without spot , that thou come out of the maid , ( which io. tombs himself says were charges all alike ) i say , 't would suppose that pauls charges there , were not charges of the foresaid charged ones , to do the things which he commanded them to do respectively ; but commands or charges of them only to swear by god and christ iesus , that they would do them ; which to suppose , is absurdity in the abstract . it being so then ( as is evident against i. ives bare conjecture to the contrary ) that to say , i adjure , or charge thee by , before , or in the sight of the living god , is not i charge thee to swear by the living god , or i exact an oath of thee ; it wil consequently follow , that to answer yea , or nay to him that should say , i adjure , or charge thee before god to speak to a case in question , is not to swear , or to take an oath , as i. i. supposes ( who ( put his words together ) saies , to answer to a matter when one is adjured , alias , charged by the living god , though it were but yea , or nay , or amen , is as solemn an oath , as if one sware by the living god with his own mouth . that if the iudge in our common-law ask a question of a party sworn , and testifying his consent to the oath , by his kissing and laying his hand on the book , and the party do but answer , and give in his testimony in naked assertions , without saying , i swear by the lord , or by the oath i have taken , or the like , his bare answering to the question , is as much as if he had pronounced an oath with the highest asseverations that could be thought on , p. , . ) as i. i. ( having pinn'd his faith first upon ainsworths sleeve ) saies p. . he could wish this were seriously considered by those that make conscience of oaths , as if himself were now grown past making conscience of them , so i could wish this were as seriously considered by i. i. himself , and those whom he would have to make no conscience of oaths , that if it be so as i. i. asserts it is in our common courts , then so many several answers as the party ( once sworn ) makes by yea , or nay , to the judges questions , so many several oaths with the highest asseverations that can be , are by him taken ; and so if he answer yea , or nay , an hundred times , being so many times askt in the case in hand ( as one witness may be at one court ) he takes no less then an hundred solemn oaths , and so his first oath ( he once assenting to swear ) like sin , which is ever of a multiplying nature , when man once begins to fall under it , spawns it self quickly into an hundred ; and consideratis considerandis , our courts of iudicature , which h. d. and i. i. will both confess ought to be places of punishment for that common swearing , or swearing commonly , ordinarily , wholly , frequently ( as h. d. frivolously descants upon that phrase of christ , swear not at all , mat. . ) which ordinary , common , frequent swearing all men grant also christ there forbids , will rather appear to be the most common places of swearing commonly , frequently , ordinarily , that are in all the land beside them . and besides i. i.'s instance in the oath in our common law , reaches not the case he brings it in evidence of ; for there the party answering is supposed by i. i. first to be sworn by his own consent , and then to answer yea or nay ; but the case in hand supposes the party onely answering yea or nay , to one that saies , i adjure thee , without shewing his consent to the others adjuration , by that assenting ceremony , which i.i. when he was charged to swear , declared his assent by , of kissing and fingering of a bible ; which if i.i. ( for customs sake ) had not done , he would have found the court he sware in , would not have counted him a person sworn sufficiently to their satisfaction , had they said , we adjure thee , we charge thee to tell us whether thou renounce the pope , and wilt be true to the king , yea or nay , and i.i. answered , yea , or i will , no less t●…n an hundred times over . so we see that if christ had answered , i am ( as ior. ives falsly sayes he did ) to the high priest , when he said , i adjure thee by the living god to tell me whether thou be the christ , or not , he had not sworn ; sith by that word , i adjure thee , he said ( in effect ) no more then i command , or charge thee , as in gods presence , as strictly as if thou hadst promised or sworn ; and its silly to think that christ who sayes , swear not at all , no not by heaven , for its gods throne , which whoso swears by , swears by him , even god that sits thereon , matth. . would swear by the living god that he was the christ , at the command or charge of the high-priest that was his inferior , ( as being but the type of himself ) to tell him whether he was so or no . but secondly , in very deed when all is done , there 's no such matter as i. i. affirms ; for when the priest barely asked him onely whether he was the christ , or not ; he answered , i am : in that place of i. i's own quoting ( which had he not been in haste , he might have seen also mark . . ) but when the priest said , i ad●…ure thee by the living god , he is recorded by matthew , mat. . ▪ . as answering not , i am ( as i. i. saies he did ) but thou saiest ; which seems to be a waving of all positive answer , rather then such a positive answer , as , i am ; which yet had he said , he had not sworn . thus as he that 's blind cannot see ; so he who is not cannot but see the shuffling ways whereby h d. but specially i. i. seeks to prove christ to have sworn , that he may shroud and shelter himself from the storm of his guilty conscience , under some shrub ; under a shadowy shew of christ's example , when he had stooped to mans command , contrarily unto christ's . the other examples from whence h. d. and i. ives endeavour to prove the lawfulness of swearing now , are those of kings , priests , prophets , righteous and holy men of god in old time , as abimelech , abraham , david , and others ; in which they belabour themselves to no purpose , since this was all under the law , under which ( among those that were under it ) we deny not that swearing to be in use , which hath now no use nor place among them that are not under the dominion of the law , but under grace , and the teachings , power and domin●…on of gods grace , which redeems from the strife , and other fleshly works , which it is one of : which consideration confutes i. i's fifth reason for swearing , viz. because strife continuing , still there 's as much need of oaths , the use of which is to end it , as ever there was ; quoting heb. . . an oath among men for confirmation , is an end of all strife . rep. . to say nothing how much our courts are in that case of tythes , beside the end of oat●…s , if that be the true end thereof ; to end strife ; since they use oaths to begin the strife with ; for if a man will not swear how many 〈◊〉 , and ducks , and hens , and eggs , and piggs , &c. he hath had in so many years together , they admit him not to answer to his 〈◊〉 . an oath when used to its right end , i. e. to end strife , is so used among men onely in the fall , who live in hatred , variance , strife , and such deeds of darkness and the flesh , but not among the saints , that are saved from it , and live in love and peace , and do ( as christ disciples are bid to do ) to others as they would be done by , and no evil nor injury to any , which they would not have done to themselves , which is the sum of the law and the prophets , &c. for here both the law , which is owned by us as good in its place ; but is not for the righteous , but the unrighteous , and murderers , stealers , &c. hath no place , nor oaths , nor lawyers neither , who can live no longer in that calling of theirs , which they much corrupt and spoil , as blind priests do the gospel , then while men live in trespasses and sins ; for if men live by the light of gods grace in their own hearts , which hath appeared to all men , bringing salvation to them from the sin , leading and teaching such as learn of it , to deny ungodliness and worldly lusts , and to live godly , righteously and soberly in this present world ; they will need no longer ( as the world doth , while it chuses to lie in wickedness , and in the bondage of its own corruption ) to throw away their estates on lawyers , to end their strifes about them , nor to be such slaves to their own wills and lusts , as to spend . l. ▪ upon them , to recover . s. for themselves ; but will see ( as some have done who have been where others now are ) the way out of strife , which is the light ; and come to that love , innocency , honesty , righteousness , peace and pity to themselves , and one another , as shall end all strife without oath●… or more ado : yea to see that in the light of the gospel , which under the law was not seen by prophets and righteous men , while under that paedagogy : yea , as christ said to his disciples , so say i to those that are turn'd to learn of him now ; blessed are your eyes , for they see , and your ears , for they hear ; for verily i say unto you , that many prophets and righteous men in former dayes of the law , have desired to see and hear those things which ye do , and yet have neither seen nor heard them . and this above may serve for a return to h. d. who insists much on it , that this testimony that an an oath is to end strife , is after the law ; the apostle sayes men do swear ; and i have written do swear ( quoth he ) because the greek word heb. . : is in the present tense ; and the rather , because one preacher , perswading his hearers against all swearing , told them it ought to be read did swear , and was a confirmation , not is . rep. who that was , i know not ▪ i can afford to grant it 's written do and is , and yet give h. d. and i. ives no ground in their controversie against us ; against whom in two respects that consideration of oaths being used in pauls time , can't prove the lawfulness of them among the saints , either then or now ; there were many customs in use , and contended for by many naturalists , about which the apostle says , but if any man list to be contentious ; yet we have no such custom , nor the churches of god . 't is but among men still , though 't was in the apostles dayes , and now is , and not among the saints and true churches of god , which are in god , who is light and love , and not in the enmity , the curse and strife , where the oaths are used ; among men under the law , and so under the curse , as all are that live in sin and strife , but not among saints , who walk and live in , and are led by the spirit , and bring forth the fruits of the spirit , love , joy , peace , meekness , &c. such are not under the law , but grace ; and against such there is no law , rom. . . gal. . . . but h. d. and i. i. makes much a-do , to as little effect , to evince it , that the apostle paul himself sware , yea and that very frequently too : some have noted it ( quoth h. d. p. . ) as frequent with the apostle paul in serious matters to use such expressions as are equivalent to an oath , as rom. . . god is my witness whom i serve , &c. with many more of the like nature , which are well known to you . and quoth i. i. pag. . . ( as one of his brown-paper pellets against our proof of no swaring , from matth. . . ) some such swearing as was commanded under the law , not onely christ , but the apostle paul did both practice and enjoyn , using his words , cor. . . as the truth of christ is in me , rom. . . god is witness . phil. . . god is my record . cor. . . i call god to record upon my soul . rom. . . i speak the truth by christ , ( quoth j. i. because beza sayes so ; though it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in christ , most properly in the greek ) i lye not , my conscience beareth me witnesse in the holy spirit ; ( there he renders {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} right , in , and not by ; and why not in the former part of the verse ? ) gal. . . before god i lye not : and as they practis'd swearing , so they did exact it in the like solemn cases upon others ; for to adjure ( quoth j. i. ) is to exact an oath , or charge one to swear , tim. . . paul charged timothy before god ; and thess. . . . i charge you by the lord that this epistle be read ; beza reads it adjuro vos per dominum , i charge thee to swear by the lord : to this agrees that of the high-priest who adjured christ . now if all swearing now were forbidden by those two texts , mat. . . iam. . . the apostle would neither have done it , nor charged others so to do . rep. . that to use such expressions as these above was frequent with the apostle is well known to us indeed , as h. d. saies ; but that this was at all such swearing as is contended for by h. d. and i. i. who hath sworn upon a book , and kissed it ( as the custom is ) i am yet ignorant , and yet not so ignorant as to give such an answer as i. i. saies some do for want of a better , viz. that the apostle did evil in swearing ; for i as verily believe , as i. i. saith he himself doth in the same place , that he that will swear wickedly , and contrary to gods law ( & so he does in my judgment that swears at all , sith christ , mat. . . , &c. forbids it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} omnino , in any wise , or altogether ) the same wil lye also upon occasion : yea 't is my faith , and the faith of some who are set to swear others also , that thousands of those who now swear out their present and future saithfulness to the king , for fear of some malicious magistrate that exacts it , out of envy more then any true love to him , would for all their swearing prove more unfaithful , if occasion should happen suitably to their hopes of insurrection in arms against him , then those thousands of quakers who living in the true fear and love of god , can in conscience neither for fear or love of themselves or any man , either take up arms at all for themselves against king , or any man , or , to escape the loss of all they have , swear at all . but the answer i give shal be as follows : . some things ( though swearing is none of them ) paul did by permission then , which we are not now to do because he did them , witness his circumcising timothy , shaving his head and taking a vow upon him according to the law , act. . . , , , . which things were parts of the law , then ( by right ) abolished , in favour of the jewes weakness , who yet could not bear the actual abolition of them : for as for the gentiles that believe we command ( say the apostles ) that they observe no such thing : so that if oaths had then been ( de facto ) used by the apostles , that of it self would not prove they now are ( de jure ) to be used by us . but . that paul either sware , or exacted oaths upon others i deny . . as to his not enjoining or exacting swearing on others , which i. i. draws by the head and shoulders from the place where paul saies to the thessalonians and timothy , i charge you by the lord , i charge thee before the lord ( in which places ( quoth he ) he charges them to swear by the lord ) i have said so much before , that here i shall add onely this consideration , viz. that paul did not charge them to swear there , but to read his epistle , and to preach the word . . if he had commanded them to swear , or exacted an oath of them , his command was not answered by them ; for shal we think the thessalonians did swear to him , that they would read his epistle , before they did read it , or that timothy sware to him that he would preach the word , before he preached it ? or if they sware not to him , did they swear before any other that were his proxies at that distance which they were in from him , who was at athens when he wrote to the thessalonians , and at rome when he wrote to timothy , then bishop among the ephesians ? and if there were no representatives of his person then with them , to tender the oath to them , then it appears , that i. i's eies are out , who cannot see that the commands of paul to them , which they ( respectively ) obeyed , were to read his epistle , and preach the word , and not to swear that they would do so . dly , as to pauls own swearing , though i will not say ( as i. i. sayes some say ) he did evil in swearing ; ( for he sware not ) yet in swearing he had done evil , had he sworn in those many expressions wherein h. d. and i. i. assert he did swear ; and no less then this , h. d. and i. i. must be forced to confesse with me ( if each of them will own his own book in other places ) for h. d. and i. i. ( as busie as they be in banding against our interpretation of christs prohibition universally against swearing at all , allowing swearing only before magistrates to end strife ) yet they both confess , that at least it extends to the forbidding of ordinary , frequent , or common swearing , or swearing in our common communication , when we are not called before magistrates : but if paul did swear so often as j. i presents him to us as swearing , in the many epistles of paul above cited by him ; and if it were so frequent with paul to use expressions equal to an oath ( that is to say , to use oaths ) as h. d. says some have noted , it was from rom. . . with many more of like nature ; then he had come under the guilt of that , swearing commonly , ordinarily , frequently , or in his common communication with the saints , and in his letters to them , uncall'd to it by any magistrate ; which kind of swearing , these two strict sticklers for oaths in some cases , do both confess , are by christ matt. . . . condemned and forbidden . obj. but quoth j. i. p. . if calling god to witness what we say , be not swearing , i confess i am ignorant what swearing is ; but if it be , then it was not onely used under the old , but under the new-testament . rep. if it be not , then j. i. stands condemned here under his own hand , as ignorant of what swearing is , and so is unfit to meddle so much as he hath done in that matter , who ( witness his title-page ) takes on him to open that great case of conscience about the lawfulness or unlawfulness of swearing : but if it be , then ( methinks ) h. d. and j. i. should sit still , and save themselves the labour of writing so much as they do against the quakers , in vindication of the lawfulness of some swearing ; for such swearing ( if they will needs have it to be swearing ) as paul used when he said , god is my witness ; god is my record ; i call god to record ; i speak the truth in christ , i lye not ; my conscience beareth me witness in the holy spirit ; and such like , the quakers gainsay in solemn cases no more then themselves ; yet they have put themselves to so much pains , as to prove the lawfulness of that , the lawfulness of which , we know none that do deny . dly . if it be , then , methinks the wise , prudent and potent imposers of the oath upon the quakers , and others , who have been ever willing to express their renuntiations of the pope , and all forreign powers , and their fidelity to the king , by any of those strong asseverations , or fervent expressions which paul used , and j. i. calleth oaths , should accept of the like from them ; but that they neither do , nor will , as they would not have accepted the like from jer. ives himself , so as to have excused him from falling under the danger of the like premunire with such as cannot conform to that ceremonious kind of swearing , which he hath sworn in , without kissing , and laying one of their fingers at least upon a bible , object . but , quoth j. i. if any one should confirm the truth of what he speaks , after this rate ( meaning the rate at which paul spake in the places fore-cited ) what did ●…e less then swearing ? however it were more then yea and nay . reply ; if it was more then yea and nay , as it was in sound of words , but not in substance , ( yea and nay being spoken solemnly as in gods sight , amounting in substance to no less then all that ) yet it was less then swearing , however less then such formal , customary , ceremonious , superstitious swearing , as that j. i. is found in , which was no less foolish , needless , vain and superfluous , then it was superstitious , if less then that of touching and kissing the book ( as aforesaid ) might in the court ( where he was sworn ) have passed for swearing . so then all h. d.'s and i. i.'s instances in proof of oaths , being practis'd and used in old time , before christ , and since , prove altogether useless to that purpose . obj. but ( quoth h. d. p. . ) it is warranted not onely by practice , but by precept also , deut. . . thou shalt fear the lord thy god , and serve him , and shalt swear by his name . rep. under the law it was ( as other types , shadows and ceremonies also were ▪ warranted not by practice onely , but precept also ; but still we demand , where is there either practice of it , or precept for it among christ and his disciples under the gospel ? if there had been any precept for it ( for practice of it , i have proved there was none ) among any but men ( yet degenerate ) in the new-testament since the death of christ , we should surely have had it cited by h. d. in this , wherein he stood concern'd to have cited it above all other places of his paper-work ; but since he mentions none here , we may safely take it for granted he had none to mention ; and since h. d. among all his old-testament-talk for swearing ( which had been better spar'd then spilt in proof of what none denies ) nor does , nor can possibly produce one pittance of a precept for it in the new ; we shall rather adhere to christs and his apostles plain precept against it , or positive prohibition of it , in the two texts , which these two men , h. d. and j. i. ( as will be seen anon ) traduce , mat. . , . &c. jam. . . then either to h. d's nameless scripture-precepts , or j. i.'s deceitful , self-saving shuffles , for a practice that is now as flatly forbidden ( with other ceremonial customs of the law ) in the gospel , as ever it was required in the law . obj. it is also confirmed by prophesies ( quoth h. d. p. . ) the prophets prophesie that some swearing shall be used in the time of the new testament ( quoth j. i. p. . of his piece of proof ) and to make good their ground against us who plead christs precepts , both these two archers who plead old prophesies , . unite their strength , and discharge at us with one single string . ly . lest that should prove too slender for it , one of them viz. j. i. has two more strings to his bow , wherewith he hopes to carry the cause without controul . . they jointly urge that one prophesie , isai. . . he that sweareth in the earth shall swear by the god of truth , because the former troubles are forgotten , &c. the meer mention of vvhich h. d. deems enough , and therefore actually urges nothing from it ; but j. i. dilates at large upon it , insisting o're and 〈◊〉 that circumstance of time vvhich h. d. hints ( as that vvhere the stress lyes ) vvhich j. i. thinks clears his case beyond all controversie . here 's a prophecie ( quoth j. i. ) that foretells some svvearing shall be lawful in those times that are to come ; after the ascention of christ , and the death of the apostle james , then he that swears shall swear by the god of truth , then when the former troubles are forgotten . when shall that be ? the ver. resolvs us , it shall be when the new heavens and the new earth are created , and the former heaven and earth is forgotten ; so that here is a concatenation of divine truths ; men shall swear by the god of truth , because the former troubles are forgotten ; their former troubles shall be forgotten , because the former heaven and earth shall be forgotten : that this prophesie respected the times of the new-testament , let peter witness , pet. . . we look for a new heaven , and a new earth , wherein dwelleth righteousness : so that these scriptures foretell , that though under the former heavens , and upon the former earth men sware by false gods ; yet in the times of ●…the new heavens and new earth , wherein dwelleth righteousness , men shall swear by the god of righteousness . to all which , somewhat must be said by way of reply . reply ; that this is spoken with reference to the time of the new heavens and earth , i deny not ; but i deny that this clause , he that sweareth , shall swear by the god of truth , is understood of swearing at all ( formally and properly so taken ) much less ( as i. i. sayes 't is ) of such ceremonious swearing , as was under the law , and as i. i. ( contrary to his former professions , as i have heard ) conforms himself to now in this day of the gospel . . because often the name and phrase , which is peculiar and proper only to the type under the law , is by the prophets speaking of the times of the gospel , attributed to the anti-type or thing it self thereby deciphered ; yea how ordinary and usual was it with the most evangelical prophets to speak of evangelical matters under the ( then ) usual , though but legal phrases , and to hold forth the substantial , eternal and everlasting gospel truths , under the dark , shadowy forms of ceremonious and legal phrases , which if any should now interpret as spoken of the meer ceremony or figure , by the name of which the truth figured out onely with reference to gospel times is express'd ; one might thereby usher in well nigh the whole bulk of outward eatings , drinkings , divens ▪ baptisms , circumcision , passeover , sacrifices , and other carnal ordinances and ceremonious rites , which belonged to that paedagogy of the iews , as well as that ceremony of swearing . see ier. . and compare v . . . which none deny to be spoken of the gospel glory , which transcends that of the law , which is done away ( though a glory ) with v. . . will any take that as spoken of the old legal ierusalem , that was in bondage with her children , and not of that onely which is above , free , and the mother of all saints ; for it 's not a truth of the other , for it ( though built after the babylonish ruines ) was pluckt up , and thrown down again . so zach. from v. . . to the end . how are the pots of the lords house now as bright as the golden bowles before the altar ; but as those that have lien among the pots ( as black as they have been ) shall be as a dove covered with silver , and her feathers with yellow gold . so ezek. . . there speaking of the gospel purity , i will sprinkle clean water upon you , and ye shall be clean . will any think this is that water onely that puts away the outward filth of the outward flesh ? so ezek. . to the end of that prophesie ; the temple worship , sacrifices , & orders of the holy city , of which its said , iehovah shammah , the lord is there , are described under the legal phrases , and according to the old ceremonial orders : will the baptist think therefore there 's a material temple made with hands ? rev. . confuteth him , where it s said , i saw no temple there ; but the lord god and the lamb are the temple of it . an hundred more there are of the like nature ; yea all the prophets speak over the external type and ceremony of that eternal truth , which is one , one sacrifice , one passeover , one oath of god , which ends all strife and wrath to such as look to it , one circumcision for ever ; and yet under the name of the temporal type onely which was in the times of the law , wherein they wrote , and wherein those were used . that of circumcision was calld an everlasting covenant , and an everlasting sign in the flesh of abrahams seed ; yet we are that seed , that circumcision , they but the concision , and the bastard seed of scoffing ishmael , not of isaac , nor of israel ; yea in that very place of these mens quoting , and those following , many things are said , which ( in words ) found out the laws , by which is intended onely the gospel-services , and the gospel-superstitions ; he that sacrificeth a lamb , cuts off a dogs neck ; he that burns incense , blesses an idol , n●…w , as well as then , if his soul delight in abomination ; yet the sacrifices and incense now , is not of fed beasts , and sweet smells , but prayers and praises , which who offers to god from an unclean conscience , is in it abomination to the lord , as the sacrifice of the wicked is ever said to be , prov. . . they that eat swines flesh , and the abomination , and the mouse , shall be consumed , in the anti-type that 's done in these dayes , to which that prophesie ultimately relates : i create ierusalem a rejoicing , her people a joy ; yet the ierusalem which then was , is now a curse among gods chosen , and her name translated unto these : semblably he that sweareth in those days , shall swear by the god of truth , is not spoken of the ceremony which these times practice , and these men plead for ; but of a substance , a speaking , ( though calld by that name of swearing , which was the shadow ) the truth from the heart , a speaking in righteousness ( though by no more then yea & nay ) in his sight , in whom gods oath and promises are all yea , or truth itself ; as christ is said to do , of whom the saints are , isa. . . a saying , ( though call'd a swearing ) the lord liveth , in truth , and in righteousness in these days , by such as know their redeemer living . in old time there was a saying , calld also a swearing , the lord liveth , in falshoold , unrighteousness and deceit , by such as know him not living in themselves , of whom god sayes , though ye say god lives , yet ye swear falsly ; i. e. who though ye say the truth , yet ye know not that to be truth which ye say , while ye say it , not feeling him living in your selves . men sware then by the god of truth in a sound of words , and ceremonious forms ( though j. i. sayes they sware by false gods , as if they had not at all sware by the god of truth ) but they did not swear by him in truth and righteousness when they mentioned his name , but in deceit , as a company of hypocrites ; so that god counted them as swearing falsly , when they uttered the very truth . and that those oaths these men plead as necessary to end strife , are in no wise meant here , is evident by that very circumstance on which they insist most strictly in proof thereof , if considered but a little more exactly . for . whereas they both intimate it , and i. i. very strenuously urges it as a clause necessarily clearing the present lawful use of such oaths , because 't is foretold there shall be such swearing ; at that time ( sayes h. d. ) then , yea then ( sayes j. i. ) when jacob and judahs former troubles , and the former heavens and earth shall be forgotten , in the new heavens and earth wherein dwelleth righteousness , any of those wise men whose eyes are in their head when the fools are abroad in the ends of the earth , would from that self-same clause have seen clear ground to conclude no less then the very contrary ; i. e. the unlawfulness , because the utter uselesness of any such oaths at all in those dayes , as among men are for confirmation and end of strife ; seeing that very place expresses , that all the former troubles , which arise from strife , which is it self the most troublesome thing to it , and the grand ground of all other troubles in the world ( for where envying and strife is , there is the confusion , and every evil work , iam. . . . . ) shall in those days totally be done away . see also rev. . . i saw a new heaven , and a new earth , for the first were past away , and there was no sea ; that is , trouble , strife , tossing , tempests , tumults ; wars , hatred , nor contention . where trouble is forgotten , or ended , there all strife , which is its cause , must be forgotten and ended , ( else as posita causa ponitur effectus , where the cause is , the effect will be ; so where strife is , confusion and trouble will be ) and where all strife is forgotten and ended , there those oaths , which these men plead for , the very e●…d of which is ( as themselves say ) to end all strife , must necessarily cease , end , and be forgotten also . again , this prophesie ( say they truly enough ) relates to the time of the new heavens and earth wherein dwelleth righteousness , when the old , wherein unrighteousness dwelt , together with its unrighteousness , is removed . which if so , where is any room or use for strife , and the oaths that are to end them , when strife , which is unrighteousness , and the root of all unrighteousness is buried in the bottomless pit from whence it came ? j ives argues p. . in his fifth reason ( as is above said ) from the being of strife , to the necessity of a being of oaths to end them ; but to run down and rout that reason , i shall render another reason out of j. i's paper p. . viz. in the latter days , when the new heavens and earth are created , wherein dwelleth righteousness , and former troubles are forgotten , there shall be no more of that unrighteousness , those fleshly works , which strife is none of the least part of ; therefore no more need of oaths then to end all stri●…e . thus as of those that argue against our tenet of perfecting holiness ( as to purging from sin ) here , from the necessity of sins continuance in them to this end , that they may be kept humble , i would fain know what need of sin to humble , when perfect holiness , which can't be without true humility , which is a prime part of it , is brought in ? and what shall become of pride , when all sin , which it 's not the least of , is done away ? so of them that say in the new jerusalem there 's need of oaths to end all strife , i would as fain know ( if they be able to tell me ) what must become of all strife , ( which is such a troublesom piece of unrighteousness , and the root of all other trouble & unrighteousness also ) in the day when all such sin and transgression as strife is , must be finished and made an end of , and nothing but the everlasting righteousness brought in by christ , who to such as wait for it in his light , is bringing near that his righteousness , so that it shall be revealed , and his salvation from sin so quickly , that it shall not tarry ? we see then how these two men make one head agaist one man , viz. h. den and j. ives against j. ives , to push him down ; and how both these men ( well weigh'd ) interfeer and hack their own shins , so as to come limping home in that lame cause they ventured out in : what need we any further witness against them ? ye your selves ( o people ) who have but half an eye , and do not shut it , may see their confusion under their own hands ; and how instead of building their house ( as wisdom doth hers ) they have with folly pull'd it down with their hands . so ( as h. d. and j. i. hath done ) let all hasty opposers of christs plain commands in print , when ( to save themselves a whipping ) they have violated them , contrarily to their own comfort , if not their conscience , make rods for their own tayles , and soundly slash themselves with them when they have done . h. d. does no more ( as to this point of prophesie ) in proof of swearing ; but j. i. doubles his files , and fights on as follows , pag. . j. i. that text psal. . . is by many understood to respect the time of the new-testament ; and if so , then one of the great qualifications that is required of those that shall dwell in gods holy hill , is that they shall swear to their own hurt , and change not . rep. if so , that it relates to the new-testament , as it s understood by many to do ? this is a supposition onely , therefore can be no sound proof of the point , unless i. i. durst lay it down in a position , that so it is . . yet ( to take it as i. i. would have it ) let i. i. consider again whether this be one of the great qualifications that 's required of such as shall dwell in gods holy hill , viz. that they shall swear to their own hurt ? does god , or did he ever require any man , on pain of exclusion from his holy hill , to swear to his own hurt ? i. i. sayes so , and the simple may believe every word that he sayes ; but the prudent will look well to his going . and if i. i. sayes i abuse him in taking the two clauses as under that he puts together ; affirming it a blessed duty when a man hath sworn ( though to his own hurt ) not to change , i grant that , unless it be so that ( no oath being any bond at all to any iniquity ) a man hath sworn to do any sin , as i do not say i. i. hath in swearing to be peaceable toward the king ( though i judge he hath so far sinn'd in swearing that , which , had he feared god more then man , he ( speaking the truth in his heart ) should but have promis'd or asserted , that he may lawfully change , so as to repent of his rash act of swearing ) otherwise , if a man have rashly sworn or spoken to his loss or damage in outward things , it appears by this place he had better keep that oath or word , then break it : but what will i. i. get by all this , if to swear in this text were not ( as in truth it is ) to be understood the same way as in that above spoken , viz. for speaking in righteousness , or uttering no more then the very truth from the heart , viz. thus much and no more then we freely do , and can afford to grant , namely , that this text commendeth in no wise ( much less commandeth ) swearing , any more then matth. . which condemns it altogether as no gospel-duty , but onely condemneth forswearing ( a thing in use in these days , and in fashion well-nigh as much as swearing is ) which sin of forswearing ( though it s fear'd it may befall many seeming saints , that for hast and fear , make no conscience of some swearing ) both we , and christ also approves not in that place , where he downrightly ( as an evil ) reproves the other . i. i. isa. . . god sweareth , that to him every knee shall bow , and every tongue shall swear ; and because sacred swearing by god is a confessing of him , the apostle translates every tongue shall confess , rom. . . plainly expounding the prophesie to relate to new-testament times . rep. this i. i. saies proves what i said above as fully as i need , or can desire to have it proved my self : for it shews to him that 's willing to see it , that the antitype now in the times of the gospel , answering to the ceremony of swearing , which was the type of it under the law , is confessing , and not denying when we witness affirmatively , though by but yea ; or denying onely , though by but nay , when we witness negatively to any truth : if confessing and denying to god , from our hearts , or before god now , who knows our hearts , but by yea or nay be so under the law , then confessing or denying from our hearts to men by but yea and nay ( as before god who knows our hearts ) is the substance of those shadowy oaths that were under the law , and that eternal truth into which that temporal type or ceremony is now resolved ; so that whereas j. i. sayes thus , viz. and because sacred swearing by god is a confessing of him , the apostle translates every tongue shall confess ; i return thus , viz. and because the confessing ( in truth ) of the spirtual holy seed , ( which is the substance of that carnal holy seed which was the type ) is the sustbance of that sacred , ceremonious swearing which was under the law , the apostle who wrote in the dayes of the gospel , expounds that thus , every tongue shall confess ; which the prophet that wrote in the times of the law when the type of swearing was in use , expresses thus , every tongue shall swear . h. d. in pursuit of the proof of his propounded universality , proceeds to the eonsent of all nations . i will add one thing more ( quoth he ) which is the consent of all nations whatsoever , whether jews or gentiles , greeks or barbarians , between princes & subjects , enemies & friends , for the reconciling differences , ending controversies , assuring of faith one towards the other : this appears among the greeks by several unquestionable authors , and authentick records amongst the romans by the laws of the twelve tables , among all other nations under heaven , by sufficient evidence and demonstration , which is able to put it out of all doubt . now how great is this authority , namely , the consent of all nations ? it is doubtless a demonstraiion of the second rate , some there are that account it of the first rate , viz. that the consent of nations is taken for divine evidence , and in many things we do so take it : what doth it speak less , then that the taking of an oath is one of the dictates written and engraven in the heart of man by nature●… finger , seeing that there is no nation so barbarous , but doth acknowledge the solemn and religious use of an oath , in calling their god to witness , which considered , i have sometimes wondred why the people distinguished by the name of quakers should say , that the light within them teacheth them to deny an oath , when as that light which is universal , teacheth all the nations of the earth the contrary . rep. this seems to be given out by h. d. with more pomp and triumph , and shew and ceremony , then all its fellows , as some grand ground that adds weight to all those as light , as lightless ones that went before it ; but mole ruit su●… ( saving its greatness ) it hath not so much goodness in it , as will make good the ground against the qua , who by h. d. ( like as ioshua and his fellows of old to the light-hating professors ) are as men wondered at , nor so much force as will save it from falling by its own falshood to the ground : and were it as true ( as h. d. onely saies 't is ) that swearing was us'd amongst all nations under heaven , by sufficient evidence and demonstration which is able to put it out of all doubt , yet that would not put it out of all doubt , nor be sufficent evidence and demonstration that swearing is now to be used among true christians : but alas , as great as h. d. saies this authority is , namely , the consent of all nations ; which ( quoth he ) is a demonstration of the second rate , at least , and some account it of the first rate ; yet as 't wil not prove swearing lawful among saints , were it true that it hath been so used , so neither is it true that it hath been so universally used ( as he supposes ) by universal consent among all nations . there 's yet no demonstration or evidence scientifical afforded by h. d. that there 's the use of an oath among all nations whatsoever , iews or gentiles , greeks or barbarians , especially that it hath been us'd as universally in all times and places , as by all persons , which is the uuiversality of swearing , at first propounded by h. d. to be proved , in prosecution òf his proof of the universality of the use of oaths by all persons in all times ; who after he had only conjectured that practice of swearing to be not above , years younger then the moon , falls a confessing p. . ( as is shewed above ) that ( for ought he knows by scripture , which speaks not plainly what the old world did in this case ) 't is no elder then about . years younger then the flood : now how can that be said to be universally us'd in all times and places , by all persons and nations by consent , of which 't is not plain by scripture-evidence that 't was in use at all for . years together in the old world , nor till . ( which with the other amount ▪ to years in all ) were spent and gone even of the new ? who is so blind as not to see how h. d. dashes himself against himself , by pinching his own propounded universality into a meer particularity , as he renewed his first propounded high antiquity , into no less nor more then that meer novelty of . years after the moon . but ly . admit it had been . years elder then h. d. makes it appear to be , and so in all times , yea and by consent of all nations used also ; yet was it used neither by the consent of all , nor without the dissent of sundry persons and parties in sundry nations ; and so h. d.'s authoritative doctrine still goes down the wind , and can't be own'd at that high rate , at which he prizes it . now that it neither is , nor hath been so universally assented to by the nations , as h. d. nakedly affirms it hath , but dissented from by sundry in the nations where it hath been used , and that not single persons of note onely , but whole parties , and by those persons and parties still that were grown to discern best between the ceremony and the substance , and to prefer the truth , power , equity and end of the law , before those thin , empty , thred-bare , trashy and chaffy forms and formalities , which ( like as pharaohs seven lean kine , and blasted ears of corn , that ▪ did eat up the fat and well-liking ) devoured ever the equity it self , and destroied things ( as to their first good , honest , innocent and true intents ) is evident enough to be seen in sundry instances of men eminent in their generations , among whom was philo , who saith , it is best and most profitable , and to the rational nature most convenient to abstain from swearing , and so to accustome ones self to veracity , that ones word may be taken for an oath . also we read of the essaeans , the honestest of the three sects of the jewes in christ's time , of whom some judg most of the believing iewes came in christ's time , that by faith in him became christians ; because the scripture mentions none but the other two , viz. the sadduces and pharisees , few of which heeded christ , and most of which did ever vehemently oppose both him and his few followers ; of those essaeans i say we read in iosephus , that whatsoever they say is firmer then an oath , and to swear is among them accounted a thing superfluous . also from the essaeans and those hebrews whom the essaeans followed , the same seems to be received by pythagoras , whose sentence was on this wise ; let no man swear by the gods , but every one take care of his credit , that he may be believed without an oath . and whereas h. d. speaks of all nations , yet if he had heeded what curtius writes and relates of the scythians in their sayings to alexander , he would have found them testifying to him thus of themselves , viz. think not that the scythians confirm their friendship by oath ; they swear by keeping their word . and because h. d. speaks so much of the laws of the greeks and romans , by which they in their twelve tables so strictly ratifying and injoining that practice of swearing , he might have considered , how ( according to cicero's relation in one of his orations ) when one at athens , who had lived among them in great repute for his gravity and sanctity , had publikely given his testimony , and approached the altars to make his oath , all the iudges with one accord reclaimed , and would not let him swear upon this account , viz. because they would not have it thought that truth depended more upon the religion of an oath , then upon the word of an honest man : all which serves to refute h. d. his peremptory position concerning the consent of all nations under heaven , to the solemne and religious use of an oath ; at least , if by all nations he means , as he well may ( denomination being ever more ex meliori , then ex majori ) the best , most solemne , and truly religious persons in those nations . thus we see to the confusion of h. d. that heathens consent , it 's needless just men swear , forbid it , and cry out ( for shame ) forbear . however ●…et it be ne'er so universally now assented to by all nations , yet all in the nations assent not to it , nor yet that peculiar people , and holy nation that is redeemed unto god by the blood of the lamb from among the nations , tongues , kindreds and people of the earth , even the holy seed , that is the substance of that holy seed , or iewish nation , which with their ceremonies were but types for a time of them and their more spiritual and substantial services . and this dissent from that practice of swearing upon a bible ; with fingering , kissing , holding up the hand , or other vain , superfluous customs of man's imposing , so much consented to ( as h. d. saies ) among all nations , is not now so newly entered in this nation of england , but that we can give presidents of holy martyrs suffering for it , as well as for other things before us , even in q. maries daies , and before ; whose sufferings h. d. and i. i. do what in them is to make of none effect . take some examples and testimonies of some martyrs concerning swearing . in the reign of richard the second , william swinderby said , the pope , the prelacy , neither any ordinary , can compel any man to swear by any creature of god , or by the bible book . in the reign of henry the fourth . william thorp was accused , that the second sunday after easter he said openly in st. chaddes church in his sermon , that priests have no title to tythes , and that it is not lawful to swear in any wise . again , will . thorp accounted it not lawful to swear upon a bible-book , it being made up of divers creatures ; and that he ought not to swear by any creature . the arch-bishop menaced him with great punishments , and sharp , except he left that opinion of swearing . he replyed , it is the opinion of our saviour and st. iames , and doth conclude , if chrysostome counteth him worthy of great blame , that bringeth forth a book to swear upon ; it must needs follow , that he is more to blame that sweareth upon that book . then ( as william thorp relateth ) the clerk said , lay the●… ▪ thine hand upon the book , touching the holy gospel of god , and take thy charge . then said william , i u●…derstand that the holy gospel of god may not be touched with mans hands : walter bruce in his answer concerning swearing , saith , i believe and obey the doctrine of almighty god , and my master iesus christ , which teacheth , that christian men in affirmation of a truth , should pass the righteousness of the scribes and pharisees of the old testament , or else he excludeth them from the kingdom of heaven ; for he saith , unless your righteousness exceed the righteousness of the scribes and pharisees , ye cannot enter into the kingdom of heaven . and as concerning oaths , he saith , it hath been said to them of old time . thou shalt not for swear thy self , but shalt perform unto the lord what thou vowest ; but i say , thou shalt not swear at all ; but let your communication be , yea , yea , nay , nay ; for whatsoever shall be more then this , proceedeth of evil . therefore saith he , as the perfection of the antient men of the old testament was not to for swear themselves ; so the perfection of christian men is , not to swear at all ; because they are commanded of christ , whose commands in no case must be broken . although that the city of rome is contrary to the doctrine of christ . likewise in queen maryes dayes , in the fourth examination of one elizabeth young , before the bishop of london , docter martin , and others . see fox d . vol. pag. . d. martin said , she hath a certain spirit of the anabaptists ; for she refuseth to swear upon the four evangelists before the iudge ; for i my self , and mr. hussy , have had her before us four times ; but we cannot bring her to swear , &c. then said the bishop , wilt thou not swear before a iudge ? that is the right trade of the anabaptists . * eliz. i will not swear that this hand is mine . no , said the bishop ; and why ? eliz. christ saith , whatsoever is more then yea , yea , or nay , nay , it cometh of evil . then said cholmly , twenty pound it is a man in womans clothes . twenty pound it is a man . eliz. i am a woman . bishop , swear her upon a booke , seeing it is but a question asked . then doctor cook brought her a book , commanding her to lay thereon her hand . eliz. no , i will not swear , for i know not what an oath is ; but i say , that i am a woman , and have children . bishop , that know we not ; wherefore swear . cholmly , thou ill-favoured whore , lay thy hand upon a book , i will lay on mine . eliz. so will not i mine . d. cook , swear before us whether thou be a man or a woman . eliz. if ye will not believe me , then send for women into a secret place , and i will be tryd . then cholmley called her ill-favoured whore ; and the bishop began to question her concerning the sacrament of the altar . this last passage of those popish priests and bishops , i was the more free to relate here , because it is so resembled to the life , or rather to the death , by that light , unsavory deportment of some in these days , who , when they should reprove or punish , at discountenance rather then i●…tate that leud demeanour of those massy ministers ( which is indeed unbecoming meaner men , much more either ministers or magistrates , when they sit in iudicature ) do put sober maids , when they are brought before them about the oath of allegiance , to swear whether they are maids or not . thus we see these dying martyrs , that lived and died in their measure of the light of christ to them then given ( whose testimony one would think h. d. at least should take for divine evidence before the consent of the nations that are universally erred , and universally alienated from the life of god through the ignorance that is in them , and because of the blindness of their hearts , and are past feeling , being in the fall from the light of god ) did enter their dissent in this case of swearing , and seal to their dissent from it with their blood . what a miserable thing is it then that h. d. should now dissent from the holy martyrs and suffering saints of god both now , and of old , in their testimony against popish superstition , and cleave to those customs ( as the truth of christ ) which ( excepting by the saints ) are universally consented to by th●…nations : as he saies , what nation so barbarous , but doth acknowledge the solemne and religious use of an oath , in calling their god ( mark , their god ) to witness ; so may we not as wel say , what nation so barbarous , but that it hath some false god to worship , som false way of worship ? what nation so barbarom , but it commits idolatry , and approves it as good ? what nation so barbarous , that will not fall down before some golden image , or superstitious worship or other with approbation , if the kings and powers think fit to impose it ? what nation so barbarous , but it will alter , or for fear fore-go the worsh●…p of their god , and their religion , if their rulers require it ? but what 's this to the few saints ? are they to fashion themselves therefore according to the nations , as h. d. would have them ? when nebuchadnezar made a decree for it , all the people and nations ( it is said ) and the languages consented , with their princes , governors , captains , iudges , counsellors , treasurers , sheriffs and rulers , and fell down and worshipped the golden image which nebuchanezar the king set up , excepting the three children of god : was truth , therefore 〈◊〉 the nations sides ? was their consent to be taken for divine evidence , or the dissent rather of those three ? and when all the people forbore to pray to their god , except daniel , because darius forbad them , was his dissenting and praying , or their consenting to leave it off whether , to be taken for divine evidence ? judge o saints , dan. . , . & . , &c. yet what doth it speak less then that the taking of an oath ( quoth he ) is one of the dictates written and engraven in the heart of man by natures ●…inger , seeing there's no nation so barbarous , but doth acknowledge the solemne and religious use of an oath ? hath he forgotten that the nature and image which the nations are now universally degenerated and gone out into , from that of god , after which they were at first created , is that of the divel , by which all ( till they be renewed and regenerated back unto the other ) are children of wrath ? is he ignoran●… that the vail is over all hearts , and the face of a covering and cloud of darkness is spread over all nations ; till it be removed and destroied by the light of him , who is manifested a light to the nations , and is come a light into the world into men in their own consciences by a measure of his grace , that he might destroy that nature , image , work and kingdom of the divel , who is the ruler of the darkness of this world ? is he ignorant that the world lies in wickedness , joh : . excepting those few who know they are of god ? is he ignorant that the whole world hath wondred after the beast , and worshipped the dragon that gave his power to the beast , excepting those few whose names are written in the book of life ? what a thing is this that h. d. should bring the consent and customs of the nations which are va●…n , that lie under a corrupt nature , none doing good in that , no not one ; that are all gone out of the way , altogether become abominable , as a president for christ's people to be conformed to , who are charged not to be conformed unto this world , but to be transformed by the renewing of their minds , rom. . . he might almost as well have alledg'd this to prove the lawfulness of prophane , ordinary , frequent , common swearing , and exorbitant , extravagant oaths , which himself condemns , as in proof of any swearing now , sith all the nations are consented ( though they make laws against it ) yet to live and dye together in that ungodly practice , which the light within them ( but that they heed it not in one , nor yet in t'other ) teacheth them to deny as well as t'other . what the corrupt natures finger writes in mans heart , is as corrupt as the nature by which it 's written . yet ( quoth h. d. ) considering the use of an oath is writ in man's heart by natures finger , i have sometimes wondered why the people , that are distinguisht by the name of quakers , should say that the light within them teacheth them to deny an oath , when as we see that light , which is universal , teacheth all the nations of the earth the contrary . and p. . if the quaker say the light within forbiddeth him to swear , the consent of nations confuteth him . monstrum horrendum , cui lumen ademptum ! what confusion is here ! will h. d. make natures finger , and the measure or beams of the true light that comes from the living god , and enlightens {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , every man that comes into the world ▪ john . . all one ? or will he not blush to argue , that what the light of god within men forbiddeth , and teacheth to forbear , that the consent of the nations ( as they are fallen ) and that corrupt nature they are fallen into , approveth and commandeth men to practice , and therefore they may practice it ; as if it were safer to follow the imaginatious dictates of the devils nature , which man hath contracted since he is gone out from that of god in which he was created , then to follow god's own counsel , which is the light in the conscience ? doth he not know , that what is according to the consent of nations in the fall , is not according to the light , and and so not according to god the author of that light , and so stands condemned by them both ? doth the baptist say the consent of nations confutes the quaker in the point of swearing , which the light within him biddeth him to do ? doth not the consent of scripture herein confute the swearing baptist , while it sayes , swear not at all , and that the customs of the nations are vain ? is not the law that 's in heathens hearts , whereby they are accused or excused , the law of god , whose law is light ? and is not that law spiritual , ( though universal ? ) yet will h. d. here call it natural , natures finger ? which , if he speaks of the nature that the world ( excepting the f●…●…aints ) is found in while in the fall , and in the imagination of mans heart , is a nature , and a finger that writes onely evil , vanity and deceit ; for whatever is good , holy , true and just , is written in man by the law , by the light and spirit of the living god , by the finger of ●…od in the fleshly tables of his heart , of which his writing with his finger in tables of stone of old , was but the type , cor. . but swearing & oaths which are of no use where strife hath no place , which hath place onely in the fall , are none of those things that are written there thereby : but if by natures finger h. d. intends nature in its primitive purity , while man stood in innocency , ( as perhaps , yea probably and very likely he does ) and by the writing of natures finger , he means what was written in man , when he was made upright by god himself , who made him , and gave him light and understanding . if he will needs have that to be natures finger , and that light and understanding to be but natural ( which being god's law in his heart , was purely spiritual , and flowing from god by gift , and not ex traduce , nor ex princip●…s natur●… ) what gets he by it in his cause ? for till strife came in , oaths could not come in , which were to end it ; and therefore no strife being before the fall , after which the enmity had its being in man , before the fall the light that was natural ( let him call it natures finger , or what he will ) could not write in man's heart the solemn and religious use of oaths : nor doth when man ( the enmity being slain in him ) recovers purely out of the strife and hatred back again into the love and peace . obj. but quoth h. d. p. , . how can that be accounted evil which is approved by all nations ? recollect your thoughts , and consider whether you can give me one instance of any one evil which hath been allowed and approved among all nations : if you cannot , then 't will be a sufficent demonstration that the taking of an oath is nothing simply evil . rep. but if we can , then 't wil be a sufficient demonstration , that ( for ought h. d. hath at all urged to the contrary ) the taking of an oath may be something that is simply evil , and that we may think it unlawful to swear , though the consent of nations doth confirm it as lawful . i shall therefore give one instance of something that is not lawful to be used among the saints and church of god , and christs disciples , which yet is allowed , and approved , and judged , and called good among the nations . luk. . , . the kings of the nations ( saith christ to his disciples ) exercise lordship over them , and they that exercise authority upon them , are called benefactors , i. e. well-doers : here 's a thing agreed to by consent of all nations , that their kings , alias , rulers , should exercise dominion over them . yet it shall not be so among you ; but he that is greatest among you , let him be as the yo●…ger ; and he that is chief , as he that doth serve : yea , paul said , the apostles had not dominion o're the faith of the meanest ; and peter ▪ forbids the ministry to lord it , or have dominion over the clergy , or heritage of god ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) yet that 's a thing commonly consented to among the nations , that their very priests , as well as princes , shall lord it over them and their faith , which they universally ( excepting the saints still ) do pin upon their priests and chemarims sleeves . here 's an instance of one thing universally approved of , and allowed by consent among all nations , which yet is an evil that ought not to be found among christs disciples , nor true christians . i have done with h. d. as to his disputative doings in this point of swearing from these two common places , or topicks that are common to him and papists , viz. antiquity , and universality ; neither of which can prove the things they plead for , so catholick , as to either time , place or person ; but that we can shew both when , where , and by whom they were dissented from , and both impleaded and disproved . so that how lame these two legs are , upon which h. dens false witness walks , he must be well-nigh as blind as they are lame , who cannot see . we have seen also how pedlingly these two men have proved the lawfulness of that practice of swearing , from the consideration of its being prophesied of , and also its being practised by precept in former dayes by holy men , viz. the prophets under the law , and the apostles under the gospel : under the law we grant holy men us'd it as they did the other types , figures , shadows and ceremoni●…s that pertained to it ; but its being practised then by precept , pr●…es not that there 's any precept now for its being practised : under the gospel it would prove it practicable now , had it been both practised and enjoined by either christ or his apostles ; but here they can give us neither president nor precept for ( though we bring them no less then express prohibition of ) such a practise . obj. christ forbids not swearing by god , but swearing by any thing besides god , as heaven , earth , the head , the temple , the altar ( as ier. ives saith , p. . ) whose words are these , they did not matter what they sware by , so they performed the things they promised ; therefore christ forbids their swearing any oath , either by heaven , or earth , or the temple , or jerusalem , or by their head ; but would it not be illogical to conclude from hence , that therefore we must not swear by the lord in things lawful ? so that by this text , and that in james , we are forbid to swear by anything below god ; it also forbids all voluntary oaths , which they swore to perform to the lord by any creature . and p. . all swearing : in our common communication is forbidden , ( quoth he ) as appears by these words , but let your communication be yea , yea : our saviour and the apostle forbid all common swearing in our ordinary conversations , and not solemn and sacred swearing . also , as h. d. saith , p. . it appears to be the aim of our saviour , not to forbid solemn oaths before the magistrate , &c. and between man and man upon grave and mature deliberation ; but onely to put a stop to common and frequent , light and trivial swearing . and p. . christs words in proper speech should be read , let not your whole conversation be interwoven with oaths . and p. . christ indeed forbids those exorbitant and extravagant oaths ( meaning whether by the name of god , or other matters in ordinary conversation ) whereof the streets and houses are full . rep. christ does indeed forbid all such voluntary oaths as were in use under the law , and all swearing by any thing besides , or below god ; also all swearing in common communication , and ordinary conversation ( as i. i. confesseth ) but that he doth not forbid also all swearing , even that which h. d. calls solemn oaths before the magistrate , & which i. i. pleads for under the term of solemn and sacred swearing , is more then h. d. & i. i. have yet made good , or ever will ; whose confession of that , which none can deny , viz. that common and frequent swearing , and also all swearing , even by god himself in common communication , and ordinary conversation , is forbidden , will serve us sufficiently to make it good against h. d. i. i. or any other , that he doth forbid all that swearing before courts and magistrates , which h. d. and i. i. having of late so publikely practised it , begins now with shame enough , as publikely to plead for ; for if christ forbids ( as i. i. pleads he does ) all swearing by god in our common communication , & ordinary conversation , wherein yea and nay should serve the turn , and all swearing commonly , frequently , ordinarily , ( as h. d. to the same tune phrases it out ) doth he not then forbid that ordinary , common , frequent swearing by god , which is now in courts , and imposed by justices , then which , nothing almost is more ordinary , frequent and common ? if our communications and conversations must be without swearing , and not interwoven with oaths , is not this exclusive of swearing before iustices and magistrates , as well as other men , in courts and consistories , as well as other places , where men have their conversation and communication with each other , as ordinarily , frequently , and commonly as elsewhere ? which considered , i have often mused why these men are so inconsiderate , as to interpret christ's prohibition as exclusive of mens swearing in their ordinary converse and discourses , and not in their entercourses with magistrates , and in courts , where oaths ( whether de jure they ought so to be , or no ) are yet de facto , as ordinary , frequent , and common , as in any places whatever ; especially that some men plead so much for oaths before magistrates onely , and yet can bring no proof for swearing before them , nor of their right to impose oaths , more then others , among the many false instances they bring of pauls swearing frequently in his ●…etters to the churches , and imposing oaths upon them . dly , as to h. d. christ does indeed forbi●… all such exorbitant and extravagant oaths , as h. d. means ; let him by those phrases of exorbitant and extravagant , mean what he can o●… will . i say , christ forbids such exorbitant and extravagant swearing , ( as above-said ) but whether more swearing then that onely which h. d. accounts on , for which the land mourns , be not by christ forbidden as exorbitant and extravagant now , is worth h. d. and i. i.'s most deep inquiry ; yea whether swearing by god now , be not as exorbitant and extravagant , i. e. beside rule , forbidden , as well as by ought else , and that as well in serious , as in trifling matter : wshich if it be , then swearing at all , or all swearing ( though some is much more so , then some ) will seem to be beside the way and will of god , as well as some ; and that it is there , needs not much proof to him that is not minded to wink ▪ against matth. . . iam. . . and here i shall take occasion to fall in with h. d. & i. i. about those two texts from whence ( as to our scripture-grounds ) we conclude against them the now unlawfulness of any swearing ; yea , the cessation of such swearing as not onely was then in use , but ( by permission and commission from god , as a type for a time ) is yeilded by us to have been lawful under the law ; and to the end it may be the more clearly seen on which side the truth lies , whether ours , who speak plainly according to the text , and the true intent of it ; or on theirs , who most palbably pervert it ; i shall set down the words as they lye in both those places , of both christ and the apostle iames ; matth. . , , , , . ye have heard that it hath been said by them of old time , thou shalt not forswear thy self , but shalt perform unto the lord thine oaths . but i say unto you , swear not at all , neither by heaven , for is is gods throne , neither by the earth , for it is his footstool ; neither by ierusalem , for it is the city of the great king . neither shalt thou swear by thy head , because thou canst not make on●… hair white or black . but let your communication be , yea , yea , nay , nay ; for whatsoever is more then these , cometh of evil . iam. . . but above all things my brethren , swear not , neither by heaven , neither by the earth , neither by any other oath ; but let your yea be yea ; and your nay , nay ; lest ye fall into c●…demnation . in which two texts say we ( in the affirmative ) all manner of swearing is forbidden ; for the truth of which construction there are many reasons to be given , as . because all manner of swearing is expresly instanced in those disjunctive clauses , which are expresly conclusive , and confequently ( because spoken by way of probibition ) exclusive , exceptive of all swearing that ean be thought on . swear not , swear not at all , say the texts ; that 's enough to any save such as list to be contentious ; ye●… that none might imagine ( as h. d. and i. i. would make men do ) that this general rul●… here admits of any exception , but all know that the prohibition is so strict , as to allow of no permission in that point , to swear by any thing but god , he adds●… , either by earth , neither by ierusalem , neither by the head . and lest any should think he forbids onely and no more then the extravagant oaths of such as swear by the creatures ; as earth , ierusalem , the head , and such like , when as who ever sware lawfully under the law , was to swear by none but god himself ; he adds , not by heaven , for it is gods throne ; which is exclusive of all swearing novv by god himself , by whom men might swear in old time : for . . he that shall swear by heaven , sweareth by the throne of god , and by him that sitteth thereon . and lastly , that there may be no root at all left for any reasoning for swearing against this flat prohibition of it , he concludes and shuts up all in such universal terms , as exclude both all oaths , and all possible pretence of plea at all also for any swearing ; adding , neither by any other oath , when these are ? what words so few as these ( if one would devise a form of speech to speak in to such a purpose ) can be more expresly exclusive both of all kinds or sorts of swearing , and of all sorts of particular oaths of every kind . . it 's most evident that christ prohibits somewhat more here then was forbidden under the law , yea whatever oaths were lawful under the law ; therefore it must be either all swearing at all , or else none at all ; either all such swearing as was lawfully used and allowed as a type for a time in the law , oaths made lawfully and acceptably to god , or else nothing more at all then what was forbidden in the law : for all false ▪ swearing and forswearing , or breaking solemne oaths made ( as unto god ) was forbidden in and by the law ; see numb. . . ( the place which christ seems to allude to ) therefore here swearing it self , or nothing . mat. . ye have heard it said by them of old time , not of late by the scribes and pharisees onely putting their false glosses on the law ( as i. i. intimates out of other authors , with whose heifer he plows , p. . saying the words [ but i say ] imply not that there was any thing in his precepts which was not in the law , but rather somewhat that he would reinforce from the law , which by reason of their false glosses upon it , had no force upon their lives ) but of old by moses and the law , thou shalt not forswear thy self , but shalt perform to the lord thine oaths ; but i say , swear not at all , no not by any oath at all : note the opposition in that adversative particle [ but ] which is between the old , lawful , legal swearing , and no swearing at all ; not between no swearing , and such prophane swearing as was unlawful under the law . the summe is thus ; the law said , break no oaths ; but i say , take none : for if he intends no more in these phrases , swear not at all , not by any oath , &c. then thus ; swear not vainly , prophanely , ordinarily , exorbitantly , extravagantly in your common communication , forswear not your selves ; what forbids he more then the law forbad ? which law he came not to destroy , but to fulfil , by taking away the ceremony of swearing , & establishing the substance in its stead , which is , speaking the truth , as in the sight of god , from the heart : yea what saies he more to his disciples else , then the scribes and pharisees from the law to theirs ? for they said , swear not prophanely , exorbitantly , but by god onely ; swear not falsly , forswear not ▪ swear and perform to the lord thy oaths ; they were as touching that righteousness which was in the law blameless ; therefore christ saies more to his disciples , and that must be , as 't is in express terms , swear no oath at all ; otherwise how could their righteousness exceed that of the scribes and pharises , which except it did , they could in no case enter the kingdom . the perfection and righteousness of the law therefore in this point of swearing was not forswearing , the perfection and righteousness of the gospel in the same is not swearing at all : so the gospel exceeds the law in every point ; the law says , kill not ; the wisdom of the gospel , be not angry ; the law , commit not adultery ; the wisdom it self in the gospel , look not on a woman , lust not ; the law , love thy neighbour , hate thine enemy , ( for the iew that was of the law , might spoile the gentiles their enemies , but must lend to each other ) the wisdome , love enemies : which thing , though it might be spoken in the time of the law , yet 't was the wisdom and the spirit spake it , and not the law , which allowed the israelite to spoile the aegyptian and the amalakite ; he was to help his enemies ox or asse under a burden , i. e. if he were belonging to a iew , that personally hated him , and not an amalakite , one of the cursed race : but this type is a riddle , i see , too hard for i. i. to read and unfold , who saies , the law required to love the enemy . the law said , an eye for an eye , a tooth for a tooth : the gospel , resist not ev●…l ; but put up , pass by , bear ; in all points the word of the wisdom went beyond the law , also in this of swearing ; yet it did not , if now there be any swearing at all . moreover i. ives his words would imply , as if the law had no force on the lives of christs disciples now , as if they were short of its righteousness , but they were not now ; and 't is his disciples to whom he here directs his speeches , and not the pharisees , and such as were guided and gull'd by their glosses . so 't is oaths lawfully taken of old time that christ here forbids , which the iewes when they had taken , did not keep , though they should have kept them ; as in the points of that circumcision , passeover , sacrifice , &c. which were injoined before ; so in that of swearing by god to end strife , christ puts an end to the ceremony and the type , fulfilling it , and resolves it by the sacrifice of himself into the very substance and truth it self , the circumcision not made with hands , himself our everlasting passeover , the everlasting word , covenant , or oath of god : so that ( saving that men make so much ado about the shadow ) we indeed are in the very substance of all oaths , ●…n christ iesus the truth it self , in whom all the promises of god are yea , and in him amen . we are in that truth , in which and from which speaking , promising , and witnessing , though but by yea or nay , we witness more evangelically , more acceptably to god , more credibly to men , more substantially , more unchangeably ( our word standing without variation , when once past from us ; our yea being yea , and our nay , nay ) then all the unconstant , shuffling , shadowy and ceremonious swearers upon a bible with touching and kissing , or by the sacred sacrament , by the blessed eucharist , by the holy evangelist , &c. that are in all the world . yea our yea and nay is as firm , as free from change and fit to be trusted , as all their oaths upon a book , with whom there is nothing but yea and nay , so and no , and subjection to forswear and lye , ( our adversaries themselves being iudges ) so that as there is not cause for it , sith ( as i. i. saith ) he that will swear wickedly , or against his conscience , will lye ; and he that cannot violate his conscience so as to swear against it , cannot violate it by lying neither ; so there is not more belief begotten in each others hearts by their own oaths , then is by the bare word of an honest man ; yea they confess they believe we are innocent as from plots , faithful to the ▪ king , peaceable with all men . but alas ! heu quam facile est invenire baculum ad caedendum canem ; we are made worse then dogs by the misrepresentations of malicious men , and then it 's an easie matter to find a matter against us , & a staff to beat us : et damnati lingua vocem habet , vim non habet ; the tongue of a condemned man , let him speak what he wil , hath a voice , but little force to free him from such as have more resolution of mind , then reality of ground to persecute him ; otherwise christ who had more innocency , would have had more indemnity then any man , if innocency might indemnifie a man from the envy and merciless cruelty of the wicked , who watcheth the righteous , seeking to slay him , & gnasheth upon him with his teeth ; but though the lamb hath the clearer , and the better cause , yet the wolfe hath the longer , and the bigger teeth ; and therefore the lamb must be worried and devoured by him , for no more then meerly drinking at the fountain . many more circumstances there are that clear the . texts aforesaid , to be intended as we take them , as an universal prohibition of all swearing ; but verbum sat sapienti , a wise mans faith needs few words to confirm it . i shall therefore onely take notice of what h. d. and i. i. our joint opposers herein , do make against it ; and so shut my hands at once of these two shufflers and their shuffles , beginning first with i. i. who last appeared . . this text ( quoth i. i. p. . ) of matth. . . cannot be understood to forbid all such swearing as was under the law . his reasons , which are five ( four of which have been spoken to above already , and therefore need no more refutation ) are as follows : r. because some such swearing was used by christ himself . ep. . that christ did not swear . . that if he had sworn to the high-priest ( as i. i. falsely sayes he did ) yet it being before the law ended at his death , to which , till then , christ was conformable , it had been no more president for us , then his eating the passeover , and other things , is shew'd above . reas. . the ordinances of the law , or old-testament , of which swearing was one , ended not till christ's death , the testator ; but swear not at all was spoken before his death ; therefore all such oaths as were commanded under the law , are not forbidden by that text , matt. . . rep. though spoken before his death , yet with reference to the gospel-times after his death ; and ( ad hominem ) if all that was uttered or instituted by christ , before christs death , ended at his death , let i. i. leave baptizing in water , and breaking bread , which both were enjoined , and actually used before christ's death ; but that he will not do to this day : and if he plead a reiteration of the commands for water-baptism and breaking bread . acts . ult. cor. . let him own the prohibition of swearing to be reiterated , iam. . . after christ's death . moreover if i. i. had had his wits well about him when he wrote this reason , he might clearly have seen how it renders his foregoing reason reasonless , as to the end he renders it for ; this weakens the force of his argument for some swearing , from the example of christs swearing ; for the time wherein i. i. ( but falsely ) sayes christ sware , was before his death , for he had not yet suffered ; and that first testament which the ceremony of swearing belonged to , continued till the testators death ; and after his resurrection j. i. himself ( who falsly sayes he sware before it ) will not say he sware . god concerning him sware once for all , even that oath of which there 's no repentance , which stands for ever , saying ( as concerning the everlasting righteousness and peace that ends all strife ) thou art a priest for ever after the order of melchisedec ; and ( as concerning the day of his resurrection ) thou art my son , this day have i begotten thee , psal. . no more oaths now to him that stands fast in this oath or covenant of god , which is of truth and righteousness , life and peace . reas. . the prophets prophesie some such swearing shall be us'd in the times of the new-testament ; therefore neither matth. . nor jam. . forbid all such swearing as was lawful under the old . rep. that the prophets in the places cited by h. d and i. i. intend not such swearing as was under the law , but the substance it self , i.e. speaking the truth in righteousness , denominated by the name of the shadow , or type of swearing , is shew'd so abundantly above , that here needs no more . reas. . the apostle paul both practised and enjoined such swearing , and exacted oaths . rep. how false all that is , is sufficiently declared above against both h. d. and i. i. to which satis-diction i refer the reader for his satisfaction . reas. . as much need of oaths now to end it , as ever , because as much strife . rep. one sin ever begets another ; the men of this world are in strife , hatred , hard-heartedness , and unbelief one towards another ; in fears , jealousies , suspitions of treachery and deceit among themselves , every one measuring others by himself ; and therefore they lack such sinful security from each other , as that of swearing against christ's command . thus the creation in the fall from the light within , which would lead it forth into love , truth and peace , wrestles in the chains of its own darkness , groans heavily under the bondage of its own corruption . but where the light and spirit is walk't in , there the lusts of the flesh are not fulfill'd , but the hatred , strife , envy &c. denyed , and the love witnessed , which believes and hopes the best of all things , and thinks no evil of others , because it 's true , honest , innocent , pure & peaceable within it self ; and there 's no lack of laws to make such swear to be faithful to each other , every one living by that , by which he is before god and men made a law to himself : but to this reason more is spoken also in the book before . having prov'd ( quoth j. i. ) that all swearing is forbidden , it necessarily follows , that those general terms [ swear not at all ] do admit of an exception . sometimes universal prohibitions are taken with restrictions , as exod. . . compared with matth. . . and numb. . . matth. . . . . . luke . . rep. how well i. i. hath prov'd all swearing not forbidden , is seen above ; and the wise in christ , though never so weak , will judge , when they read the foregoing disproof of all his reasons . as for general terms , and universal prohibitions admitting of exceptions and restrictions , i know well enough they do so now and then ; but when they do , those exceptions and restrictions are usually in one place or other of the same testament , where they are made , either expressed , or at least most manifestly and apparently implyed by him that gave out those general terms or prohibitions ; and so are all or most of those very exceptions from , and restrictions of those generals , which i. i. himself hath instanced in . as for example , the exception of such works as pertain'd to sacrifice , that the priests prophan'd it by , from , thou shalt do no manner of work on the th . or sabbath-day , is abundantly elsewhere expressed in the law , where the priest's services on every sabbath are appointed them , and the exception of dressing what every one was to eat , was expressed . and the exception of doing good , and of works of mercy in saving the life of man or beast , which was to take place ever against the typical sabbath , and all its service ( i will have mercy , and not sacrifice , saith god ) was exprest ( as i. i. also intimates against himself , citing luk. . . ) though the scribes and pharises , more out of malice to christ then out of ignorance of those expressions , would not see all those express exceptions that were made against that general rule and prohibition , viz. in it thou shalt do no manner of work ; and therefore grumbled at christs healing on the sabbath ( as i. i truly notes from luke . . ) and forbad the people then to come unto him . and when christ sayes to his disciples ( as so ) call no man father on earth ; it 's a prohibition that universally holds among them ( qua tales ) for the saints have no earthly father , but one is their father in heaven , even god the father of spirits , who of his own will begat them into the image of himself , in holiness ; in which capacity no fathers of their flesh are by them to be called fathers : the rule is general without exception , to him that rightly reads it ; not requiring so much express exception as yet is expressed , if other texts be consulted , which speak of god only being the one father of all believers ▪ as for his two texts that talk of giving to all that ask , and not turning from any that would borrow , which i. i. is loath so generally to understand , as christ would have him , for fear least he should turn himself ( as he saies ) out of doors , and be reduced to a morsel of bread , and therefore pleads a necessity of a restriction in that case : seeing he lacks to be restrained here , or else ( in his common reason ) he thinks he must needs perish ; let him consult but his own confession of it , and hee 'l find enough ( at least to serve his own end and turn , so as to save himself from sinking into a morsel of bread ) of express exception in other scriptures : for to christ's saying , from any one that would borrow of thee , turn not thou away ; do not other scriptures ( quoth i. i. ) inform us that these general terms must be restrained ? the general terms also wherein h. d. asserts the antiquity and universality of that practice of swearing , which ( saith he ) was used by and in all persons , places and times , admits also of exception and restriction ; yet that exception and restriction from his general assertion is expresly made by h. d. himselfe , who excepts all the old world , and the persons that liv'd therein for the time of years together , of whom and which ( after his avouching , in proof of the lawfulness thereof , the antient and universal use of oaths ) to shew that his general terms do admit of an exception , and are to be taken with restriction , expresses that exception , p. . on this wise ( as is shew'd above ) viz. what the old world did in this case ( i. e. of swearing ) the scriptures do not speak plainly , and therefore i will pass it by : which is as much as to say , swearing was ever generally and universally used by all the world and nations of it ; by all persons , times , and places , excepting onely all such persons , times and places by whom , and in which it was not used , or ( exceptis excipiendis ) excepting all such as are to be excepted , which is all the old world by whole sale ( for ought appears by scripture to the contrary , quoth h. d. himself ) and except so many persons in the new , as used it not at all ( say i ) which , as appears above , were christ & his apostles and churches , the sect of the essaeans , many holy martyrs in maries daies and upward , and ( as appears at this day in this nation , as wel as others ) the many thousands of sincere hearted saints and christians of this age , called quakers , who consent not with the world , and actions of it , in that or any other vain and evil customs , being chosen and redeemed by christ's blood from among them . so christ uttered many truths in general terms , which must admit of exception , but then those exceptions also are expressed ▪ christ said luk. . to all the sinners that stood about him in these general terms , ye shall all perish , this was not without an exception of such as should repent ; but then that exception was not without an expression ; viz. except ye repent : he said oft to all his hearers , ye cannot enter into the kingdom of god , that was not without exceptions , nor those exceptions without expressions , viz. except ye be converted , and become as little children , and matth. . except your righteousness exceed that of the scribes and pharises , many of whom yet were blameless , as to that righteousness of the letter of the law . yea in the verses immediately before this universal prohibition , swear not at all , matth. . , . christ saies , 't was said of old , if any will put away his wife , let him give her a bill of divorce : but i say whosoever shall put away his wife , causeth her to commit adultery : this general term admits of an exception , but then that exception is thus exprest , viz. saving for the cause of fornication ; i. e. except she play the harlot . but now as to this general term and universal prohibition , swear not at all , it cannot be taken with restriction , or as admitting of any exception ; because there is not onely no expression made anywhere ( after it ) of any such exception , but a fuller amplification of it by such particulars , as are more particularly exclusive of all kinds of oaths , and of all oaths of any kind , thus , viz. nor by heaven , nor earth , &c. nor any other oath : and also by the apostle iames . . a reinforcement and reduplication of the said universal prohibition : whereas if christ had intended any exception here , he might as easily have exprest it , and would as assuredly , as he did immediately above , in the case of divorce by , except in the case of fornication ; and so have said , swear not at all , except it be solemne and sacred oaths , in courts , when yee are called to swear before a magistrate upon a book : but as i said , in stead of expressing any exception , he adds that which more strengthens and clears , beyond all exception , the universality of his prohibition . thus we see in how mean a manner j. i. hath managed this matter he hath undertaken , of informing those who are tender , conscientious and dis-satisfied in that great case of conscience concerning swearing , and those two difficult texts ( as he calls them , truly enough in reference to himself , on whom they sit too hard , for him to wind himself from under the condemnation of ) matth. . iames . which instead of opening , he hath by his silly shuffles , and blind blurres about them ( which yet have a golden gloss in the eyes of such as , rather then imprisonment , chuse to purchase their liberty by swearing ) what in him lies , rather shut many men out from seeing into the true mind and meaning of the spirit in them : so running himself upon both those two rocks , he pretends to carry people from suffering rack upon , viz. ignorance and scandal , which he , in the same ignorance in which he wrote all the rest , likens to scylla and caribdis ( whcih are not two rocks , but the one a rock , the other a gulf ) ignorance in as blindly defending that sin of swearing , which in the blindness of his mind he had before fell into . . scandal in offending and stumbling the tender consciences of many an honest man , by his both taking and talking for the same . and howbeit he hopes he hath the price he runs for , and so ( in words ) wishes that god may have the glory ; yet in deed and truth god's name hath dishonor , and his truth shame by his dawby doings . and if he have the price he runs for ( as he hath not , if it be no more then the proving of oaths now lawful , for he fails in that , but yet hath ( for a time at least ) if it be the saving his estate , as some not ungroundly suspect it is ) yet what will that profit him , had he not onely sav'd his own , but gain'd the whole world to boot by it , seeing thereby he hath lost himself ( unless he yet repent and recant his rashness in so running ) in the sight of god and good men . and now a word or two more with h. d. as to his doings in denying the true mind of christ , which we defend from mat. . : iam. . . from whence when we argue , though 't were lawful in former times to swear , yet it 's unlawful to us now , having received here a countermand from the lord jesus christ . h. d. answers as follows : h. d. have patience i entreat you , while i take liberty to examine your grounds , and to weigh them in the ballance of the sanctuary . rep. whoever is out of the light of god which is in himself , wherein god dwells ( as h. d. yet is , or else he would justifie both it , and the children of it , more then he seems to do in his two last pages , where he quips at the quaker and his light within him , as confuted in the case of swearing , by the consent and common custom of the nations in the fall , whose customs the scripture sayes are vain , ier. . as if wha●… the nations say and do in their state of alienation from the light , were more consonant to the light , then what they say or do , who are come to it , and continue in it . ) he is out of the sanctuary , & hath none but the uneven ballance of his own brain to weigh what 's truth withall ; and condemns the generation of the iust , and is himself , by such as abide in the sanctuary with the lord , weighed in the ballance of it , and found too light : and so is h. d. in his driblings about the point in hand . howbeit we shall have so much patience as to weigh his exceptions against our translations of the texts aforesaid . and first to our saviours own prohibition , swear not at all ; that which i bring in answer to this ( quoth he ) is an exception against the translation ; the greek word at all , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifieth wholly or altogether , rather then at all ; so that in the proper speech it should be read , swear not wholly , or altogether ; let not your whole communication be interwoven with oaths . rep. h. den peradventure may seem very bold indeed to some ( as he sayes p. . about his rare rendition of that other place gen. . . ) in taking on him to translate this against the common course and consent of nations , and their commentators , so selfishly and singularly , as he do's , to his own turn also ; & though he seems as bold to my self as any , yet is he in what he do's , not very much more bold then welcom to me ; for though i will not allow every one to read it so ( for it 's rather to be read at all , then altogether ) yet i can afford , him without prejudice to the truth we plead , to wrest and scrue it so far as he does bedsies it self ; sith swear not , nor is , nor can be denied to be a prohibition of swearing : let h. d. put his terms wholly or altogether to it ; what then will it appear to be to any ( but such a one as h. d. who does as it were , jurare in suam ipsius sententiam ) but an injunction totally to forbear it , an universal prohibition of it , that is , a prohibition of swearing , even totally , alias wholly or altogether ? what gets h. d. then by this ? what difference is there here ( if the case be candidly considered by one that is not devoted to cast clouds in clear cases over christian consciences ) between swear not , and forbear swearing , ( these two phrases being both prohibitions of one and the same thing , i. e. of swearing , it is undeniably forbidden in them both ; and though by the unusualness of the promiscuous use of those phrases at all , and altogether , in our english tongue , it seems at first somewhat harsh , course , odd , uncouth , and well-nigh non sensical to use them indifferently , or one instead of the other in all places ; yet , in reality , being rightly heeded , there is no more difference ( as to their sense and signification , though not their sound ) between at all , or in any wise , and wholly , totally or altogether , then there is between {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , yea between {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , omnino & omnino , the self-same greek , and the self-same latine words , vvhich are rightly enough englished by them all . and though to h. d. whose fancy works so strongly to fetch it about his way ( that he might maintain that swearing now , vvithout vvhich men are not like to be maintained ) says , swear not wholly , or altogether , seems to vary so much from swear not at all , or in any wise ; making the first exclusive , of some swearing onely , and the last onely exclusive of all swearing ; yet ( hovvever it does in sound ) in sense verily it varyes no more then {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , nè jurate omnino , & nè jurate omnino ; that one greek , and that one latine phrase , vvhich is truly englisht by them both : and let any man that confesses swear not to be the same in english vvith forbear to swear ( as vvho does not ) put that term at all , vvhich is in universum , totaliter , omnino , after one or t'other , & he shall see it amounts to the same in sense ( though not in sound ) for forbear to swear at all , and swear not at all , are ( as to their signification ) are one and the self-same prohibition , in which swearing at all is forbidden , and in which swearing at all is wholly , totally , altogether , or universally forbidden : so i say , what such difference is there between forbear to swear at all , or leave swearing wholly , totally , universally or altogether , and swear not at all , if men be not minded to muddle their own and others minds with they know not what ? nevertheless though h. d. get nought by it if we should give it him , yet we will not give it for granted to every one , that the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must be rendered wholly , or altogether , rather then at all ; for it may be , and is at all , as well as so ; and yet at all and altogether ( being both the english to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or omnino ) are much at one . but h. d. that he may seem to do something now he is once entred ( though hoc aliquid nihil est , it is no more then nothing to his purpose ) siddles on as follows . that i may shew you ( quoth he ) what warrant i have for this interpretation , co●…sider three places of scripture where the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is used ; the first is cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. fornication is reported commonly among you ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( quoth he ) is here translated commonly , ordinarily , frequently , and it ▪ can have no other sense ; for if it should be translated here by the word at all , it would be sound without sense : if i may take the liberty then to translate it so in matth. . . then it will run thus , swear not commonly , ordinarily or frequently : and you see i have good authority ( quoth h. d. ) for what i have done . rep. here h. d. by a pretended authority takes a liberty to himself to translate matth : . . such a way as both varies from his own above , & overthrows him also in his cause ten times more then that did ; he translated {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in matth. . before , wholly or altogether ; and to shew ( as he sayes ) what warrant he hath so to interpret it , he brings another place wherein himself says it 's translated quite another way , viz. commonly , ordinarily , frequently , and according to that he would have matth. . ru●… thus , swear not commonly , ordinarily , frequently , which is another thing , as different from altogether or wholly , as it is in sense and signification from at all . what strange twinings and turnings doth the serpent here use to save his head , by which he rather wounds it himself , the●… saves it , either altogether or at all : for swear not wholly , altogether , totally or universally , is one thing ; swear not commonly , ordinarily , frequently , is another : men may swear commonly , frequently , ordinarily ( as 't is common , frequent and ordinary for men now to swear before magistrates ) who do not swear universally , totally , wholly or altogether , or in all manner of conversation : there 's a difference between saepe and semper , often , and alwayes ; men may swear ordinarily , or often , who do not swear in all cases , nor at all times . let h. d. then have it this way by the authority pretended , viz. of its being so rend●…ed cor. . . ( though i would have him to see it , how the authority of all translators rendring a word so or so , is no good authority at all with him , when he is minded on his own head to vary from it ; witness mat. . . which though all translators that ever i read , render it , swear not at all ; yet the authority of them all is not worth a rush with h. d. yea who sees not how he wrests it from them all , to have it otherwise in his piece of wrangling for some swearing ? ) but i say , let him have it this way , swear not commonly , ordinarily , frequently ; what follows ? even this to his own confutation , ( viz ) that at least that swearing before magistrates that is in our courts , which h. d. sayes p. . it is the aim of our saviour not to forbid , and which he and i. i : ( without any colour of scripture ) so eagerly contend for , is forbidden as vvell as any other sorts of common , frequent , light and trivial swearing ; for swearing is a thing us'd there as commonly , as ordinarily , as frequently as any thing else , or as it self is in any other places ; yet for this sense h. d. contends on from his second place , viz. cor. : . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : if this should be read ( quoth he ) there is at all a fault in you , what sense is in these words : but if i read them thus , there is vvholly , altogether , commonly , frequently , ordinarily a fault in you ; the sense will be good . rep. it s to be noted , that the corinthians in going to law one with another for their own , thought they did very well , & that there was no fault at all , in so doing , in them : now his business being to convince them to the contrary , there is as good sense in answering their false opinion by praeocupation in these words , there is at all a fault in you ( i. e. though you think ther 's none at all , yet there is ) as in the other by which it 's rendered , ther 's utterly or altogether a fault in you . h. d's third place is cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , if the dead rise not at all ; this he confesses is according to the english trunslation good sense ; yet he appeals to all ( among whom i am one ) whether it be not better and nearer to the scope of the place if we read it thus , if the dead rise not wholly , fully , or compleatly . rep. i answer , not better for this one reason ( which i urge as an argument ad hominem onely , cogent enough to h. d. sith 't is his own , else there 's little in it ) viz. because we have the good authority of the translators on our side , so rendring as it is , viz. if the dead rise not at all , . not better , nor yet nearer , but much further off from the the scope of the place , if we read it thus , if the dead rise not wholly , fully , compleatly ; then if thus , if the dead rise not at all , & that for this reason , viz. because the apostles business all along in that part of the chap. where this clause is , and downward to . ver. where he first begins to speak of the manner of the resurrection , insists wholly upon the proof of the matter of it , viz. that the dead do rise , against them who deny they shall rise at all ; and not how they shall rise , viz. whether wholly , fully or compleatly , or not , till he comes past this verse to the . witness ver : . . how say some that there is no resurrection of the dead ? now if there be no resurrection , ( i.e. none at all ) then we are false witnesses in testifying that god raised christ , whom ●…he raised not up , if the dead rise not ( i.e. not at all . ) ver. . and if the dead rise not , v. . ( i.e. not at all ) then they that are fallen asleep in christ , are perisht ; ( if they be not made alive again , and rise not ; not , if they be not fully , wholly alive , for that would suppose as if he vvere pleading against a sort of men that deemed men at the resurrection must be raised by the halves , or left half alive and half dead , vvhich vvere absur'd ) but ( quoth he ) all shall be made alive , v. . and then v. . si omnino mortui non resurgunt , if the dead rise not at all , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , if they be not made alive at all , but perish wholly or altogether ; why then are we baptized ? and v. . why do i fight with beasts , or beastial spirited men ? what advantage is this tō me if the dead rise not ( i.e. at all ) besides , let h. d. tell me what sense is in this , viz. if the dead rise not commonly , ordinarily , if they rise not freqently , but seldom , or sometimes only , then our faith is vain , &c. viz. as much as is in this : the law says , forswear not your selves ; but i say , swear but seldom . but if we read thus , if the dead rise not at all ; the word at all bears good sense there , as he yeilds himself ; and say i , as good as , swear not at all ▪ and lastly , further to inculcate on him the sense of at all , as very proper to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the new-testament , where he saies he finds it but three times ; i shall shew h. d. one place where the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( which no schollar will deny to be altogether the same with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , both which ( i confess ) signifie as universally as may be , per totum , in universum , &c. ) is rendred [ at all ] where , if it should be rendred his way by [ ordinarily , frequently , commonly ] the absurdity that would follow , would be intolerable , viz. acts . . where the ▪ chief priests commanded the apostles to preach no more at all in the name of iesus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ●…e omnino praedicarent ; where if it should be rendred as h. d. would have the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which in sense is the self-same : thus ; viz. that they should not preach ordinarily , commonly , frequently , it would intimate that the priests charge to the apostles not to preach at all , was not an universal prohibition of their preaching ( as it was ) but rather a toleration given them to preach sometimes , as they say ( in effect ; christs prohibition of them is , matth. . concerning swearing : for to say , preach not , swear not commonly , ordinarily , frequently , gives as much dispensation to preach and swear sometimes , now and then a sermon , now and then an oath ( which would be a plea for some moderate vain swearers , that rap out an oath by god but seldom , or now and then ) as it gives prohibition to men to swear so often , so frequently , so ordinarily , so commonly as they do in courts . yet hath h. d. one fetch more in justification of his singular translation of matt. . . against the qua. and all men , and in proof that it should not be swear not at all , but swear not ordinarily , commonly ; the hebrew text ( quoth he ) in which tongue it 's generally judg'd matthews gospel was written , reads it thus , be col derek , which is englished , in every way . rep. i have seen and can shew one hebrew text which reads it be col da●…ar , which ( if it may not be english't in any wise ( as i know not why it may not ) yet may be , in any word , or in any thing●… though at the rate at which h. d. reads his be col derek , in every way , i know he will read it in every thing : but had he well heeded the manner of the hebrews speaking , he would have found be col derek to be as truly translated in any way , as in every way , and so have seen we are at least upon even ground with him as to that ; for there 's an hebraism in the words , and col is as well used in the scripture to express any , as every , and signifies not onely all , but also ( as the hebrews often speak by it ) any at all ; and if h. d. look into the self-same place which his brother ives urges in another case ( and truly enough to a false end ; but falsly , if it be not to be rendered there as i have said ) he will find col so used , viz. exod. . . where in one verse it 's rendered all ; in the next , any at all ; six dayes thou shalt labour and do {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} all thy work , but the seventh day is the sabbath , &c. in it thou shalt not do {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} any work , or as it is rendered , thou shalt do no manner of work , &c. so that i have as much right to read be col derek , be col dabar , nullo modo , ne nullo pacto , ( as munster hath it ) swear not at all , not in any wise , not in any way , or in any word or thing , as h. d. hath to read it , swear not in every way , or every word or thing . but besides , considering the reasons in this book above alledg'd , and the circumstances intimated from the context , or foregoing and following passages , i appeal to all men that have not sworn away their common sense and reason , whether there be not ten , yea an hundred times more reason to render it as it hath been hitherto , till h. d. entered his dissent , and found out this ●…rotchet whereby to cross the current of all translators about it , thus ; viz. swear not at all ; then thus , swear not wholly , commonly , ordinarily , frequently , as h. d. o're and o're vainly reiterates it ought to be . now some few words in answer to h. d's and i. i's exceptions against our reading and sense of iam. . . and then i come to a conclusion with them , or rather to conclude against them both , as they two in their several senses on that one place conclude one against the other . to your second ground ( quoth h. d , ) out of iam. . above all things swear not : i do appeal to the judgment of any rational man whether skilful or unskilful in languages , whether this have the sound of a true interpretation , above all things it is worse to swear then to commit adultery , then to kill the king who is our political father , to kill father or mother ? i know you will not say it . rep. dost thou know we will not say it ? why then dost thou so vainly ask whether this be a true interpretation , which thou knowest not that any body makes ? what vanity is this to frame an interpretation which thy self confessest is no but thine own , viz. that its worse to swear then to commit adultery , to kill the king , to kill father or mother , and then to appeal to all men whether it be true or no ? risum teneatis ? this is as ridiculous a piece of business , as if one , having rashly undertaken to disprove a man to be truly a man , should set forth a bull to publike view , and then appeal to all men skilful or unskilful , to judge whether that have the shew or shape of one that is truly a man , yea or nay ? who sayes its worse to swear then to commit adultery , to kill the king , to kill father or mother ? we who are call'd quakers do not say so ; and i know none does ; and ( to the clearing of all from so saying to whom he writes ) i know ( quoth h.d. himself ) you will not say it . but ( quoth h. d. as objecting on behalf of his opponents ) how then doth the text say , above all things swear not ? if you ask , how i will read it , i answer ( quoth he ) the greek is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifies , before all things , not above all things : my warrant for this is ( quoth he ) not onely the vulgar , erasmus , beza in the latine translations , who do all agree to translate it , ante omnia , but also the comparison of other places where the same phrase , is used , as rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , col. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which is well translated , he is before all things : many more of the like nature may be alledged ( quoth he ) but these shall suffice . rep. . many more of the like nature might have been alledged ( i confess ) which had they been alledged by h. d. would too plainly have discovered the untemperedness of that morter wherewith he dawbs , whereupon , these seeming best to serve his untoward turn , he was rather willing that those only should suffice . . had h. d. asserted onely , that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} signifies ante omnia , before all things , i should not contradict him in that , though our concession of that reading adds so little to that simple sense whereinto he would wrest that phrase ( ante omnia , before all things ) by interpretation , that to shew how little either we lose , or he gets by our granting him his translation , i have so rendered it in my title-page , viz. before all things my brethren swear not : but sith h. d. asserts that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doth not signifie above all things , herein ( if he mean neither formally nor vertually ) i shal ( whether himself wil see it , yea , or nay ) shew him his error in the sight of all men : for ante omnia , or before all things , ( and so h.d. will see if those ▪ logicals ( called modi prioris & posterioris ) i.e. the several manners of first and last , before and after , be not worn utterly out of his memory ) signifies before in worth , as well as time , and is as truly and properly used in one of these senses , as in the other ; and when that praeposition {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is ante , is ( as it ought to be in iames . . ) taken for before in worth , as well as time , it is as rightly rendred by above , as by before ; and as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is englisht first , sounds out a priority , antecedency , or preheminency in place or dignity , as truly as in time or season ; so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} a superiority in power , place or worth , and not a priority in time and season only ; and so is as ordinarily and truly englisht above , or over all things , as before them : in proof of which sith h. d. ( whether for fear or forgetfulness ) was loath to alledge any places that make against him ; i shall alledge one ( besides this of iam. . ) where the same phrase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which he says does not signifie above all things , is englisht truly in the self-same way , i.e. above , and not before , which shews that if it were rendred before all things , ( as i deny not but it may be ) yet it there signifies before in excellency onely , and not in time , pet. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , above all things have fervent love among your selves ; i could afford to grant h. d. if he will , to read it here before all things have love ; but if he do , he must grant me that ante omnia , before all , sounds out no other then super omnia , above all things ; for love is the last thing attain'd to perfectly ( as to time ) and yet in worth is above , or before all knowledge , prophesie , tongues , and other spiritual gifts , as being indeed the more excellent way then any beside it : so above , or before all things have love , is as much as to say , with all your gettings , chiefly see to get it ; so above or before all things swear not , is as much as to say , chiefly take heed to this thing , that ye swear not : in which sayings , i say above or before , because these two sound forth the same thing in sense , and are promiscuously and indifferently used by us , as it happens , the one being in such cases altogether the same in signification , as the other . and howbeit h. d. makes such ado about his ante omnia , as if he gaind some great ground against us by reading it before all things ; yet as we can without loss allow him to read it before all ; so i. i. who writes after h. d. sees so little in h. d.s quibble in that particular , that he leaves h. d. his own fellow-falsifier of the truth , and therein falls in with us against him , and reads and renders it as we do , above all things my brethren swear not : onely so unhappily blind he is , as to say , that such passionate oaths are forbidden in ia. . . as that of david was , when he sware and vowed not to suffer his eyes to sleep , nor his eye-lids to slumber , till he found out a place for the lord , an habitation for the god of iacob ; in which case david sware most innocently and solemnly , not passionately ( as he spake in the case of nabal , sam. . . . ) if ever he sware an innocent oath in all his days , and accordingly performed what he sware and vowed ; for though solomon built the house , as i. i. intimates , yet david in his affliction going up to the floor of araunah , there found out , and appointed the place for the house to be built in and gave the pattern of it , and prepared the materials for the building , chron. . . . . . . . &c. chron. . . . and the lord took it well at his hand , that it was in his heart to build it , chron. . . but the scruple that seems to hang behind in h. d. s mind still , and the gnat he seems to strein at , while he swallows camels , is this ; why should the apostle say , above all things swear not ? is that a sin worse then adultery , murther , and all other sins . rep. we do not say it is ; but if it be not , are there not more wayes out of the wood , as well as into it , then one ? if that be not the reason why he sayes , above all things swear not , because swearing is a sin above all sins , can no other reason then barely that be rendered for it ? i et i. ives resolve h. den in that difficulty , if it be too hard for him to resolve himself in it : for i. i. ( but that he reaches too short in his rendering of it , while he mentions passionate oaths onely , when he should have mention'd solemne oaths also ) renders a right reason of it so far as it reaches , and it 's this , the usualness and commonness of that sin of swearing ; he saies , above all things my brethren swear not , for it was very usual with them ( quoth i. i. ) to make passionate oaths ; and so say i , and not onely ( in former times ) passionate , exorbitant , and prophane , but other serious oaths also , in which ( they being iews , who were not yet so fully inform'd of the ending of the law in christ , under which among them some oaths were lawful ) they were apt to think they did as wel in swearing so now , as they did before , so though adultery and murder may be as bad and worse then swearing , yet the law being so express against them , which yet in its time allowed some kind of swearing , it was more hard to bring them off from some ceremonious services of the law , that were once lawful , then from such sins as were known and hated by them ; and held accursed by the very letter of the law ; and so he saies , above all things take heed of swearing , that they might know that now to be unlawful , which in former times was accounted as lawful for them : so it 's ordinary to say to men above all things take heed of that to which they have been long accustomed , and with which , through heedlesness of the unlawfulness of the thing , they are apt most easily to be overtaken . one thing more , which is not a little considerable to evince the now lawfulness of any swearing is this , viz. that by the eternal wisdom of god ( in that book of ecclesiastes , or the preacher , wherein not the legal , but the evangelical duties and righteousness , and the sins and unrighteousness opposite thereto are written of , and the spiritualities and moralities of the everlasting gospel , and not the ceremonialities of the law pointed out ) whereas to fear an oath is made the character of the wise , good , clean and righteous man that sacrificeth acceptably to god , to swear ( at all ) is made the character of the wicked , the unclean , the sinner that ( so ) sacrificeth not , eccles. . , . the bare reading of which is enough to win a wise man from the sin of swearing ; for howbeit men shall once return and discern the happiness of him that serves god , from his wo who serves him not , yet here one event is to the righteous and the wicked , to the good and to the clean and to the unclean , to him that sacrificeth , and to him that sacrificeth not : as is the good , so is the sinner ; as he that sweareth , ( mark , not he that sweareth exorbitantly onely , or forsweareth ) so he that feareth an oath . much more might be said to these mens shuffles ; but a little strength may serve wherewith to overturn a little strength ; and as it's superfluity to insist too long in disproving such palpable pedling , and discovering such open subtilty , as shews it self in their two pieces ; so it s but meer vanity to use a beetle and wedges to kil a flye . i shall therefore conclude much what i●…●…en . dens words , as i began : all these things considered , the ground for solemn swearing before magistrates in courts and consistories , appears not to be so sure as it was fancyed ; if ( as the quaker sayes it for biddeth him , the baptist sayes th●… light within him biddeth him to swear , the consent of that holy nation ( the quakers ( so called ) even those thousands among them that truly tremble at gods word , hated and cast out by their brethren , the english nominal christians of all forms and professions , chosen out of all the nations , that consent to consult against them ) confuteth him ; if he or others plead the scriptures , you see how weak it is which they say ; therefore let such as chuse to swear , rather then to suffer in this case , beware , lest they hear , who hath required these things of you ? christ indeed forbids those exorbitant and extravagant oaths whereof the streets are now full ; but he forbids also that ceremonious , customary , superfluous , superstitious , vain , needless , extravagant , anti-evangelical , antichristian , ordinary , frequent , forcibly imposed , common swearing , of which all courts are full ; a sad presage of some iudgement at hand , that prisons , streets , princes and great mens courts , and places , universities , colledges , and almost all houses , at least all alehouses are full of oaths , and mens discourses interlin'd and interwoven with worse then so help me god ; even with god confound , god damn me , and such like ; and their conversations converted from the truth , so totally into perjury and for swearing : it was hoped by some , that ( as h. d. speaks ) his majesties proclamation would have restrained ; and 't were to be wished ( say i ) that the kings said proclamation might yet be used to restrain such debauchery and deceit ; but alas , it is nothing so ; for ( as h. d. sayes ) such men reverence his majesty no more then the wolf in the fable did st. anthony : so many magistrates ( not to say many to one , that is otherwise ) reverence the king ( say i ) so little , as to take as little care to execute his good laws and statutes against such exorbitant oaths , as the most exorbitant swearers do in their common commerce to 〈◊〉 them ; yea , as little , as the iustices themselves take much care ( even much more then they will have thank for at last from either god or the king , or good men ) too hastily and strictly to execute those laws and statutes , that are of old extant for those forced oaths , or those ordinary , frequent and common swearings , which are imposed by them in their courts and sessions : and indeed , how can it be expected that such as ●…ear not gods majesty ( as few of the subordinate powers , priests , and priest-beguil'd people do ) should regard [ as h. d. speaks ] the kings majesty , who is but as the drop of rain in comparison of him ; or regard the kings laws and proclamations against swearing , whose prohibitions of it are but subordinate to gods own , which they regard not : besides , they are so totally taken up now-adayes with over-executing those entangling laws , and ( as they dream and deem them ) most profitable proclamations , that ( under pain of forfeiture of estates ) are extant for oaths , and for swearing , that there 's no leisure left to look after those most truly profitable and wholesome laws and proclamations of both god and the king , which cry out against both oaths and forswearing ; though in this case if they acted all as legally , honestly and earnestly , in order to the encreasing of the poors poor-●…x in every parish , as many do illegally , dishonestly and 〈◊〉 to●…ards the decrease of that little which the righteous 〈◊〉 with which more good is every way done , then with th●… 〈◊〉 ●…venues of many wicked , who ( while poor men pe●…h ) expend many thousands on vainshews and kick-shaws , there might accrue ten times more money to the maintenance of the poor , were that lowest penalty of . d. an oath , according to the law , exacted from every prophane swearer , then will ever accrue to the enriching of the kings coffers , by punishing the poor quakers for keeping christs command , so as not to swear at all , with the loss and forfeiture to the king ( to whom the least part of it commonly comes also ) of no less then all they have . but what times do we behold ! nothing but extreams of evil are presented to our eyes and ears ; some do little but swear ordinarily , frequently , commonly , in all kind of communication and conversation , not onely in their usual entercourses in courts with iudges and magistrates , but in their hourly discourses also , with other men , contrary to the laws of both christ and the king , and such are most mad in prosecuting the laws of the king for swearing , on others who will not swear at all , contrarily to the laws of christ the king of kings . some fill their mouths with direful execrations upon every trifle , though therewants no good laws against either drunkenness , cursing , swearing ; or other prophaness ( as the late irish proclamation given out at the court at dublin , very well and wisely observes ) but onely this one , that all those good ones that are made to curb these exorbitances , might ( as carefully and speedily as the more unwholsome ones are ) be put in execution . others flye with fierceness upon such as for conscience of an oath onely will not yeeld to sweare when w●…ighty causes are before them , wherein they could declare enough , and with cruel threatnings vehemently urge them . who shall heal these distempers ? surely none can do it without the mighty power of god break sorth in all your consciences ( o thou much pityed king and thy council , thy iudges , iustices , chief captains , sheriffs , and all other ministerial officers under thee ) to convince you and all people not onely of the unlawfulness of all , but of the utter unnecessariness of any swearing , sith as it 's evident , that a true christians word was wont to be taken for a true testimony without an oath , in that testament which we are under , cor. . . so it 's no less evident , that his witness of his own peaceableness towards the king and all men , who walks in truth , and ( to preserve his peace with christ ) makes conscience of an oath , is more worthy acceptation ( seeing such a one wil not lye , and can do nothing against the truth , but for the truth , cor. . . ) then that of those unpeaceaceable and deceitful spirits who walk not in truth , who making no conscience of either swearing or forswearing , will ( to preserve themselves meerly from a present suffering ) swear future faithfulness to that , to which upon occasion they would prove unfaithful . of the first of these , most magistrates in their consciences do ( without their oath ) believe verily they are gods people , and children that will not lye , and that god also is their saviour . as for the second , few that are concerned to take security from them ( for all their swearing ) either will , do , or can trust them one jot further then they see them . the † ppthagoreans forbad oaths , so did the essaeans * , because they thought him a noted lyar who could not be believed without an oath . the lord open the eyes of all men ; to whose grace i commend this work , and resolve to remain , as wel your friend , ( h. den and i. ives ) against whom i write , as your friend , ( o people of all sorts ) to whom i write , s. fisher . poststscript . here followeth so much of a letter of jeremiah ives , as is sufficient to shew him his deep degeneration in spiritual matters ; dated about five dayes before he himself took the oath , while he ( in that case ) stood in his integrity , and was imprison'd himself for not taking it ; and directed to two of his brethren : in which he declares what great scandal they brought upon the truth , and offence to him , and his then fellow-sufferers for it , by their swerving for fear of men , from the fear of the great god , so as to obey their precepts for it , rather then gods own plain precept against swearing . brother pitman and brother shewell . i am at this time surprized with a holy passion ; and though ionah could not say concerning the gourd , that he did wel to be angry ; yet ( if my experience in the word of the lord doth not deceive ) i can truly say , i do wel to be angry with you ; who i have had a godly jealousie of all along ; viz. that you would be as easily perswaded to part with , — as unwilling to suffer for , your spiritual liberties : oh my brethren ! where is your first love ? how unlike the christians in former times are you ? whose zeal was so hot for god , that their eyes prevented the morning , that thereby they might prevent the rage of the adversary , who ( as it is now ) commanded them no more to worship in the name of the lord . — i always did conclude , that those that would — quit the cause of righteousness — would quit the ways of holiness , as yesterday sad experience hath taught , to the perpetual joy of your adversaries , and the sadning the hearts , and adding afflictions to the bonds of the prisoners of the lord : i do therefore conjure you , as you wil answer the great god another day , to consider , that now is the time for you to look to your ministry , and to the flock over which the lord hath made you overseers , that you may be able through grace to say , you are clear from the blood of all men ; and observe , that god is now come to prove you , to see whether you wil keep his commandements or not . remember when that apostates case was debated , you had no zeal nor indignation against him , but you smothered all with this , if it were in a matter of faith and worship that he had fallen from , you would have been as one man against it : wel , behold the lord is come home to you ; the matter now is purely for worshipping god ; now god is proving to see if you wil obey him or no , and did not yesterdays work witness , that you were willing to prefer the fear of a man that must dye , before the fear of the great god ; and the fear of them that can kill the body , before the fear of the lord that can cast body and soul into hell ? i have no more to say but this , that your cowardly temporizing and complying with the precepts of men , makes me jealous , that your fear towards the lord is taught by the precepts of men : i would not be too censorious , but my grounds are great , and my bonds are my crown , but your , cowardly spirit is my great cross : you little think what a scandal it is amongst us to hear it affirmed , that one of you should say , you had rather a given fifty pound then haue sworn , and yet swear that you swear willingly . oh for the lords sake do somewhat that may roul away this reproach ; which that you may , is the praiers of your brother , who could be contented to write himself , your companion in tribulation , ier. ives . ian. . . brother ward my fellow-prisoner desires to present his love to you , and so do some others . which letter above printed , is here represented , as a looking-glass for j. ives to see himself in : not so much to shame him , as ( if yet it may be ) by the sight thereof ( which being his own , may yossibly have more force upon him then another mans ) to recover him again to that true honor of taking the shame of his fall to himself , and also of suffering shame with the saints for the name of christ , which he once stood in , and since very easily fell from ; and that he may remember from whence he is fallen , and repent , and do his first works ( for his last have not been found perfect before god ) and do somewhat that may roul away that reproach he hath rais'd against that righteous cause now suffer'd for by the saints , lest the light be at last totally taken from him ; for as humanum est errare , so humanius nihil est quam errantem revocare : or at least , ( if j. i. be too far gone , and past recovery ) then to recover the honor of that truth which , to the utmost that in him is , he hath dishonored by his shameful shuffles ; that is to say , . by his shuffling departure from it in his sinful passion of slavish fear of man , so soon after his holy passion ( as he calls it ) of anger against his brethrens lesse shameful ( because less sinful ) departure ; for j. i.'s suffering for it first , as ( its likely ) they two did not , declares his conscience was convinced that he should not swear . dly . by his shuffling so much to defend and vindicate that same evil of swearing , when it became his own , which he had but a little before so egregiously condemned , wh●…le it was found not in himselfe ; but in his brethren ; and this in order meerly to the palliating of his meer painted piety in that his paultry departure : for he that builds again those legal things which once himself destroied , therein makes himself no smal transgressor , gal : . . dly . by his shuffling so much ( though with as little success among such whose eyes are in their head ) being once departed from the truth himself , to draw all others after him into the ditch . had he onely ( when he saw no other way to escape suffering ) contented himself rather to swear to his own inward loss , then to suffer loss outwardly for refusing it , his recovery might likely have been more hopeful , and his relapse less hurtful in all likelyhood then now it is : but seeing he sets himself so zealously to solicite others to sin by swearing together with him , the danger of its infecting others who are set to see with his eyes , as well as the desperateness of his disease , in respect of himself , calls for a more desperate cure , and searching corrosive , then need else be used : and if by all that is , in no less then true love to his soul , though never so sharply , tryed towards him ; his wound appears to be uncurable , then ense recidendum est , ne pars s●…cera trahatur . the end . notes, typically marginal, from the original text notes for div a e- * a copy of a letter from one that professeth the truth , but fell from it , and took the oath . my dear friends , i desire to lay before you this my condition in this my fall : that my fall may be no cause for you 〈◊〉 stumble , but that you by it may be the more ●… ▪ ouraged to stand ; for i have yeilded to the ●…etrayer , and so betrayed the innocent seed in ●…ne ; ●…or i forsook the counsel of the lord , and ●…onsulted with flesh and blood , and so i fell in●…o the snare of the world , and yeelded to ●…he ●…ovenant ; and so i rested satisfied in what i ●…ad done , for some certain hours ; but when ●…he lord in his power looked back upon me , ●…hen i remembred what i had done ; then i remembred that i had denyed truth , which once i had professed , though once i thought i should have stood when others fell . so the terrors of ●…he lord have taken hold on me , and i lye under the judgements of the lord . and now i feel the truth of ●…he words that were spoke by ch●…ist , tha●… h●… that faileth in one tittle , is guilty of all ; and now i feel th●… truth of that , that it is better to forsake wife , and children , and all a man bath , even life it self , for christ and the truths sake , then to break one tittle of the law of god written in the heart . so i hope tha●… by mercy and judgement the lord will redeem me to himself again . the lord may suffer some to fall , that the standing of them that stand faithful , may seem to be the more glorious , a●…d for them to take heed least they fall . now i know and feel , tha●… it is better to part with anything of this world , though it be as dear to one as ●…he right hand , or the 〈◊〉 , ●…hen to break our peace with god . pray for me , for my bonds are greater than yours . windsor the . of the th . month. . edw. chilton . * so called , of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , for a season onely . so h.d. himself seems also to call it , p. . quoting , gen. . . i have lifted up my hand , &c. i. e. i have sworn to the most high god ; because the ceremony of lifting up the hand was used in swearing . * it seems the baptists in these dayes , many of whom do swear for fear against th●…●…nsciences , to their terror afterward , as i could , instance in some at nor ▪ thampton , and elsewhere ) and many of whom plead in print for swearing , are now degenerated from that integrity , which the baptists of old ( coli'd then ▪ as now , by the name of anabaptists ) did keep to at the first in that point of swearing : and as for such ( for there are a few , and but a few of those ) that are counted to the quakers , ( whose fall i mention , that i may not seem partial , as one justifying them more then the baptists , in their denyal of the truth ) who have taken the oath , they fall into the same condemnation with them ; witness not only the ●…etter above printed , but also this relation that came concerning two or three more lately from ilchester , and is here underprinted in way of warning to such ●…s stand , that they may take heed l●…t they fall . ilchester th . d. of the . m. one r. moon at perin in cornwall , formerly own'd a friend , took the oath through slavish fear ; but afterward had no peace till he went to a iustice , and denyed what he had done ; and now he hath some peace in lanceston prison , in denying what he hath done in disobedience to christs command ; and the last week two on the same account were sent to this prison . so that all people may see the eminent hand of the lord in it ; for we know none else in all these parts that denie the truth , and the lord hath found them out , and executed judgement speedily upon them . t. s. † laert. in vita pythagorae . * philo iudaeus . seven irregragable propositions concerning oaths dedicated to king charles i. by the right reverend dr. jos. hall, then lord bishop of exon. and printed in the year . hall, joseph, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) seven irregragable propositions concerning oaths dedicated to king charles i. by the right reverend dr. jos. hall, then lord bishop of exon. and printed in the year . hall, joseph, - . , [ ] p. s.n., [london? : ?] caption title; suggested imprint from wing. concerns oaths and covenants; a reprinting of the edition (stc b). lacks the dedication to king charles i and the two 'corollaries' and has in addition a section with caption title: questions concerning the validity of the late act for the oath of abjuration. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion seven irrefragable propositions concerning oaths . dedicated to king charles i. by the right reverend dr. jos . hall , then lord bishop of exon. and printed in the year . i. no man may swear , or induce another man to swear unlawfully . ii. it is no lawful oath that is not attended with truth , justice , and judgment , jer. . . the first whereof requires , that the thing sworn be true ▪ the second , that it be just : the third , that it be not undue , and unmeet to be sworn and undertaken . iii. a promissory oath , which is to the certain prejudice of another man 's right , cannot be attended with justice . iv. no prejudice of another man's right can be so dangerous and sinful , as that prejudice which is done to the right of publick and soveraign authority . v. the right of soveraign authority is highly prejudiced , when private subjects incroach upon it ; and shall , upon suspicion of the disavowed intentions , or actions of their princes , combine , and bind themselves to enact , establish , or altar any matters concerning religion , without ( and therefore much more if against ) the authority of their lawful soveraign . vi. a man is bound in conscience to reverse and disclaim that which he was induced unlawfully to ingage himself by oath to perform . vii . no oath is , or can be of force , that is made against a lawful oath formerly taken ; so as he that hath sworn allegiance to his soveraign , and thereby bound himself to maintain the right , power , and authority of his said soveraign , cannot by any second oath , be tyed to do ought that may tend to the infringement thereof : and if he have so tyed himself , the obligation is , ipso facto , void and frustrate . questions concerning the validity of the late act for the oath of abjuration . . whether an act of parliament may not be void , and of none effect in whole or in part ? . whither there be not two originally distinct authorities in this kingdom or nation ; a civil authority for ordering of civil matters , and a sacred for matters of religion , and merely spiritual ? . whither by the fundamental principles of the true english government , whatever acts are made contrary to , inconsistent with , or derogatory from the laws of god , or the authority of christ committed to the ministers of his kingdom be not so far void ? . whither an act of parliament requiring the subjects under great penalties to swear such m●tters , as they are not competent judges of , be not to involve them in a sin , and contrary to , or inconsistent with the principles of christianity ? . whither this be not such matter of religion , as ought to have been consider'd in a free national synod , before it was past in an act of parliament ? . whither , for these reasons , the injury to the subject , the inconsistence with the principles of christianity , and the irregular and illegal proceedings in it , the late act concerning the oath of abjuration be not a void act of parliament , and the oath not to be taken by any members of parliament or other subjects ? . whether there be not a heavy load of guilt , of perjury , and divers other sins upon the nation already , and this likely to fill up the measure , and bring down the judgments of god upon it ? . whether to prevent the judgments of god there ought not to be a solemn fast appointed , and a publick confession be made by some act of the state of the publick national sins , which have been committed , within or years last past , and all things done , which are requisite to a sincere national penitence , and giving glory to the majesty of the great god of heaven ? finis . an apologie for the oath of allegiance first set foorth without a name, and now acknowledged by the authour, the right high and mightie prince, iames, by the grace of god, king of great britaine, france and ireland, defender of the faith, &c. ; together with a premonition of his maiesties, to all most mightie monarches, kings, free princes and states of christendome. james i, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an apologie for the oath of allegiance first set foorth without a name, and now acknowledged by the authour, the right high and mightie prince, iames, by the grace of god, king of great britaine, france and ireland, defender of the faith, &c. ; together with a premonition of his maiesties, to all most mightie monarches, kings, free princes and states of christendome. james i, king of england, - . paul v, pope, - . bellarmino, roberto francesco romolo, saint, - . [ ], , [ ], p. by robert barker, printer to the kings most excellent maiesties, imprinted at london : april . second pt. has special t.p., and separate pagination, with title: triplici nodo, triplex cuneus, or, an apologie for the oath of allegiance, against two breues of pope paulus quintus, and the late letter of cardinal bellarmine to g. blackvvel the arch-priest. first published anonymously in --cf. nuc pre- imprints. signatures: a-s⁴ t⁴(-t ) x a-o⁴. errors in paging: p. and in second part misnumbered and respectively. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng blackwell, george, or - . catholic church -- england. oath of allegiance, . church and state -- england. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion an apologie for the oath of allegiance . first set foorth withovt a name : and now acknowledged by the authour , the right high and mightie prince , iames , by the grace of god , king of great britaine , france and ireland ; defender of the faith , &c. together with a premonition of his maiesties , to all most mightie monarches , kings , free princes and states of christendome . psal. . vers . . et nunc reges intelligite : erudimini qui iudicatis terram . rom . . vers . . non ergo ampliùs inuicem indicemus . sed hoc iudicate magis , ne penat●s offendiculum fratri , vel scandalum . ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie . april . . anno . cum priuilegio regali . to the most sacred and inuincible prince , rodolph the ii. by gods clemencie elect emperovr of the romanes ; king of germanie , hvngarie , boheme , dalmatie , croatie , sclavonie , &c. arch-dvke of avstria , dvke of bvrgvndie , stiria , carinthia , carniola , and wirtemberg , &c. earle of tyrolis , &c. and to all other right high and mighty kings ; and right excellent free princes and states of christendome : our louing brethren , covsins , allies , confederates and friends : iames , by the grace of god , king of great britaine , france and ireland ; professor , maintainer and defender of the true , christian , catholique , and apostolique faith , professed by the auncient and primitiue church , and sealed with the blood of so many holy bishops and other faithfull crowned with the glory of martyrdome ; wisheth euerlasting felicitie in christ our sauiour . to yov , most sacred and invincible emperovr ; right high and mightie kings ; right excellent free princes and states , my loving brethren and covsins . to you , i say , as of right belongeth , doe i consecrate and direct this warning of mine , or rather preamble to my reprinted apologie for the oath of allegiance . for the cause is generall , and concerneth the authoritie and priuiledge of kings in generall , and all supereminent temporall powers . and if in whatsoeuer societie , or corporation of men , either in corporations of cities , or in the corporation of any mechanike craft or handie-worke , euery man is carefull to maintain the priuiledges of that societie whereunto hee is sworne ; nay , they will rather cluster all in one , making it a common cause , exposing themselues to all sorts of perill , then suffer the least breach in their liberties ; if those of the baser sort of people , i say , be so curious and zealous for the preseruation of their common priuiledges and liberties , as if the meanest amongst them bee touched in any such poynt , they thinke it concerneth them all : then what should we doe in such a case , whom god hath placed in the highest thrones vpon earth , made his lieutenants & vice-gerents , and euen seated vs vpon his owne throne to execute his iudgements ? the consideration heereof hath now moued me to expone a case vnto you , which doeth not so neerely touch mee in my particular , as it doeth open a breach against our authoritie , ( i speake in the plurall of all kings ) and priuiledge in generall . and since not onely all rankes and sorts of people in all nations doe inuiolably obserue this maxime , but euen the ciuill law , by which the greatest part of christendome is gouerned , doeth giue them an interest , qui fouent consimilem causam ; how much more then haue ye interest in this cause , not being similis or par causa to yours , but eadem with yours ? and indeed yee all fouetis , or at least fouere debetis eandem causam mecum . and since this cause is common to vs all ; both the ciuill lawes and the municipall lawes of all nations , permits and warne them , that haue a common interest , to concurre in one for the defence of their common cause ; yea , common sence teacheth vs with the poet , ecquid ad te pòst paulò ventura pericula sentis ? nam tua res agitur , paries cùm proximus ardet . awake then while it is time , and suffer not , by your longer sleepe , the strings of your authoritie to be cut in singulis , and one and one to your generall ruine , which by your vnited forces , would rather make a strong rope for the enemie to hang himselfe in , with achitophel , then that hee should euer be able to breake it . as for this apologie of mine , it is true , that i thought good to set it first out without putting my name vnto it ; but neuer so , as i thought to deny it , remembring well mine owne words , but taken out of the scripture , in the beginning of the preface to the reader , in my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that nothing is so hid , which shall not bee opened , &c : promising there , which with god his grace i shall euer performe , neuer to doe that in secret , which i shall need to be ashamed of , when it shall come to be proclaimed in publique . in deed i thought it fit , for two respects , that this my apologie should first visite the world without hauing my name written in the forehead thereof . first because of the matter , and next of the persons that i medled with . the matter , it being a treatise , which i was to write , containing reasons & discourses in diuinity for the defence of the oath of allegiance , and refutation of the condemners therof ; i thought it not comely for one of my place , to put my name to books concerning scholastick disputations ; whose calling is to set forth decrees in the imparatiue moode : for i thinke my selfe as good a man as the pope , by his reuerence , for whom these my answerers make the like excuse ; for that his breues are so summary without yeelding any reason vnto them . my next reason was the respect of the persons whom with i meddled : wherein , although i shortly answered the popes breues ; yet the point . i most laboured , being the refutation of bellarmines letter , i was neuer the man , i confesse , that could thinke a cardinall a meet match for a king : especially , hauing many hundreth thousands of my subiects of as good birth as he . as for his church dignitie , his cardinalship i meane , i know not how to ranke or value it , either by the warrant of god his word , or by the ordinance of emperours or kings ; it being indeed onely a new papall erection , tolerated by the sleeping conniuence of our predecessors ( i meane still by the plurall of kings . ) but notwithstanding of this my forbearing to put my name vnto it , some embassadours of some of you ( my louing brethren and cosins ) whome this cause did neereliest concerne , can witnesse , that i made presents of some of those bookes , at their first printing , vnto them , and that auowedly in my owne name . as also the english paragraphist , or rather peruerse pamphleter parsons , since all his desciption must runne vpon a p. hath truely obserued , that my armes are affixed in the frontispice thereof , which vseth not to bee in bookes of other mens doing ; whereby his malice in pretending his ignorance , that he might pay me the soundlier , is the more inexcusable . but now that i find my sparing to put my name vnto it hath not procured my sparing by these answerers , who haue neither spared my person directly in naming me , nor indirectly by railing vpon the author of the booke : it is now high time for me no longer to conceale nor disauow my selfe , as if i were ashamed of my owne deed . and therefore that yee may the better vnderstand the nature of the cause , i will begin at the first ground thereof . the neuer ynough wondered at and abhorred povvder-treason ( though the repetition thereof grieueth , i know , the gentle hearted iesuite parsons ) this treason , i say , being not onely intended against me and my posteritie , but euen against the whole house of parliament , plotted only by papists , and they onely led thereto by a preposterous zeal for the aduancement of their religion ; some of them continuing so obstinate , that euen at their death they would not acknowledge their fault ; but in their last words , immediatly before the expiring of their breath , refused to condemne themselues & craue pardon for their deed , except the romish church should first condemne it ; and soone after , it being discouered , that a great number of my popish subiects of all rankes and sexes , both men and women , as well within as without the countrey ; had a confused notion and an obscure knowledge , that some great thing was to be done in that parliament for the weale of the church ; although , for secrecies cause , they were not acquainted with the particulars ; certaine formes of prayer hauing likewise bin set down and vsed for the good successe of that great errand ; adding hereunto , that diuers times , and from diuers priests , the arch-traitors themselues receiued the sacrament for confirmation of their heart , and obseruation of secrecie ; some of the principall iesuits likewise being found guiltie of the foreknowledge of the treason it selfe ; of which number some fled from their triall , others were apprehended ( as holy gamet himselfe and ouldcorne were ) and iustly executed vpon their owne plaine confession of their guilt : if this treason now , clad with these circumstances , did not minister a iust occasion to that parliament house , whom they thought to haue destroyed , couragiously and zealously at their next sitting downe , to vse all meanes of trial , whether any more of that mind were yet left in the countrey ; i leaue it to you to iudge , whom god hath appoynted his highest depute-iudges vpon earth : and amongst other things for this purpose , this oath of allegiance , so vniustly impugned , was then deuised and enacted . and in case any sharper lawes were then made against the papists that were not obedient to the former lawes of the countrey ; if ye will consider the time , place , and persons , it will bee thought no wonder , seeing that occasion did so iustly exasperate them to make seuerer lawes then otherwise they would haue done . the time , i say , being the very next sitting downe of the parliament , after the discouerie of that abominable treason : the place beeing the same , where they should all haue bene blowen vp , and so bringing it freshly to their memorie againe : the persons being those very parliament men whom they thought to haue destroyed . and yet so far hath both my heart and gouernment beene from any bitternes , as almost neuer one of those sharpe additions to the former lawes haue euer yet beene put in execution . and that ye may yet know further for the more conuincing these libellers of wilfull malice , who impudently affirme , that this oath of allegiance was deuised for deceiuing and intrapping of papists in points of conscience ; the truth is , that the lower house of parliament at the first framing of this oath , made it to containe , that the pope had no power to excommunicate me ; which i caused them to reforme ; onely making it to conclude , that no excommunication of the popes can warrant my subiects to practise against my person or state ; denying the deposition of kings to be in the popes lawfull power , as indeed i take any such temporall violence to bee farre without the limits of such a spirituall censure as excommunication is . so carefull was i that nothing should be contained in this oath , except the profession of natural allegiance , & ciuill and temporall obedience , with a prom●se to resist to all contrary vnciuill violence . this oath now grounded vpon so great and iust an occasion , set forth in so reasonable termes , and ordeined onely for making of a true distinction betweene papists of quiet disposition , and in all other things good subiects , and such other papists as in their hearts maintained the like violent bloody maximes , that the powder-traitors did : this oath , i say , being published and put in practise , bred such euill blood in the popes head and his cleargie , as breue after breue commeth forth , vt vndam vnda sequitur ; prohibiting all catholiques from taking the same , as a thing cleane contrary to the catholicke faith ; and that the taking thereof cannot stand with the saluation of their soules . there commeth likewise a letter of cardinall bellarmines to blackwell to the same purpose ; but discoursing more at length vpon the sayd oath . whereupon , after i had entred in consideration of their vniust impugning that so iust and lawfull an oath ; and fearing that by their vntrue calumnies and sophistrie the hearts of a number of the most simple and ignorant of my people should be mis-led , vnder that faire and deceitfull cloake of conscience ; i thought good to set foorth an apologie for the said oath : wherin i proued , that as this oath contained nothing but matter of ciuill and temporall obedience , due by subiects to their soueraigne prince : so this quarrelling therewith was nothing but a late vsurpation of popes ( against the warrant of all scriptures , ancient counsels and fathers ) vpon the temporall power of kings , where with onely my apologie doth meddle . but the publishing of this booke of mine hath brought such two answerers , or rather raylers vpon me , as all the world may wonder at . for my booke beeing first written in english , an english oath beeing the subiect thereof , and the vse of it properly belonging to my subiects of england ; and immediatly thereafter being translated into latine , vpon a desire that some had of further publishing it abroad it commeth home vnto me now answered in both the languages . and , i thinke , if it had beene set forth in all the tongues that were at the confusion of babel , it would haue beene returned answered in them all againe . thus may a man see how busie a bishop the deuill is , and how he omitteth no diligence for venting of his poisoned wares . but herein their malice doth cleerely appeare , that they pay me so quickly with a double answere ; and yet haue neuer answered their owne arch-priest , who hath written a booke for the maintenāce of the same oath , and of the temporall authoritie of kings , alledging a cloud of their owne scoolemen against them . as for the english answerer , my vnnaturall and fugitiue subiect ; i will neither defile my pen , nor your sacred eies or eares with the describing of him , who ashames , nay , abhorres not to rayle , nay , to rage and spewe forth blasphemies against the late queene of famous memorie . a subiect to raile against his naturall soueraigne by birth ; a man to rayle against a lady by sexe ; a holy man ( in outward profession ) to insult vpon the dead ; nay , to take radamanthus office ouer his head , and to sit downe and play the iudge in hell ; and all his quarrell is , that either her successour , or any of her seruants should speake honourably of her . cursed be he that curseth the anointed of god : and destroyed mought he be with the destruction of korah , that hath sinned in the contradiction of korah . without mought such dogs and swine be , cast forth , i say , out of the spirituall ierusalem . as for my latine answerer , i haue nothing to say to his person ; he is not my subiect ; he standeth or falleth vnto his owne lord : but sure i am , they two haue casten lots vpon my booke , since they could not diuide it : the one of them , my fugitiue , to rayle vpon my late predecessor , ( but a rope is the fittest answere for such an historian ; ) the other , a stranger , thinketh he may be boldest both to pay my person and my booke , as indeed hee doth ; which how iustly either in matter or maner , we are now to examine . but first , who should be the true authour of this booke , i can but guesse . he calleth himselfe matthaeus tortus , cardinal bellarmins chaplain . a a throwen euangelist indeed , full of throward diuinitie ; an obscure authour , vtterly vnknowen to me , being yet little knowen to the world for any other of his works : and therefore must be a very desperate fellow in beginning his apprentisage , not only to refute , but to raile vppon a king. but who will consider the cariage of the whole booke , shall find that hee writeth with such authoritie , or at the least tam elato stylo , so little sparing either kings in generall , or my person in particular ; and with such a greatnesse , b habemus enim exemplaria breuium illorum in manibus , and c decernimus : as it shall appeare , or at least be very probable , that it is the masters , and not the mans labour ; especially in one place , where he quarrelleth mee for casting vp his moralis certitudo and piè credi vnto him ; hee there grossely forgetting himselfe , saith , malâ fide nobiscum agit , thereby making this authour to be one person with bellarmine . but let it bee the worke of a tortus indeed , and not of a personated cardinall ; yet must it be the cardinals deede , since master tortus is the cardinals man , and doeth it in his masters defence . the errand then being the cardinals , and done by his owne man it cannot but be accounted as his owne deed ; especially since the english answerer doeth foure times promise , that bellarmine , or one by his appointment , shall sufficiently answere it . and now to come to his matter and manner of answere : surely if there were no more but his vnmannerly manner , it is enough to disgrace the whole matter thereof . for first , to shew his pride , in his printers preface of the po●itan edition of this elegans libellus , he must equall the cardinals greatnesse with mine in euery thing . for though he confesseth this master tortus to bee an obscure man ; yet being the cardinals chaplaine , he is sufficient enough forsooth to answere an english booke , that lacketh the name of an authour : as if a personated obscure name for auhour of a cardinals booke , were a meet match for answering a kings booke , that lacketh the name of an authour ; and a cardinals chaplaine to meete with the deane of the kings chappell , whome parsons with the cardinall haue ( as it seemeth ) agreed vpon to intitle to bee the authour of my apologie . and not onely in the preface , but also through the whole booke doeth he keepe this comparatiue greatnesse . he must bee as short in his answere , as i am in my booke , he must refute all that i haue said against the popes second breue , with equall breuity , and vpon one page almost , as i haue done mine : and because i haue set downe the substance of the oath in . articles in iust as many articles must he set downe that acte of parliament of mine , wherein the oath is contained : and yet , had hee contented himselfe with his owne pride , by the demonstration of his owne greatnesse , without further wronging of me , it had bene the more tol●rable . but what cause gaue i him to farce his whole booke with iniuries , both against my person and booke ? for whereas in all my apologie i haue neuer giuen him a foule word , and especially neuer gaue him the lye : he by the contrary giueth me nine times the lye in expresse termes , and seuen times chargeth mee with a falshood , which phrase is equiualent with a lye. and as for all other words of reproch ; as nugae , conuitia , temeritas , vanitas , impudentia , blasphemiae , sermonis barbaries , cum eadem foelicitate scribendi , cauillationes , applicatio inepta , fingere historias , audacia que in hominem sanae mentis cadere non potest , vel sensu cōmuni caret , imperitia & leuitas , omnem omnino pudorem & conscientiam exuisse , malâ fide nobiscum agit vt lectoribus per fas & nefas imponat : of such like reproches , i say , i doubt if there be a page in all his booke free , except where he idlely sets down the popes breues and his owne letter . and in case this might onely seeme to touch the vnknowen authour of the booke , whom notwithstanding he knew well enough , as i shew before ; he spareth not my person with my owne name : sometimes saying , that pope clement thought me to be inclined to their religion : sometimes , that i was a puritane in scotland , and a persecutor of protestants . in one place he concludeth , quia iacobus non est catholicus , hoc ipso haereticus est . in another place , ex christiano caluinistam fecerunt . in another place hee saith , neque omnino verum est , iacobum nunquam deseruisse religionem quam primò susceperat . and in another place , after that hee hath compared and ranked me with iulian the apostate , he concludeth , cum catholicus non sit , neque christianus est . if this now be mannerly dealing with a king , i leaue it to you to iudge , who cannot but resent such indignities done to one of your quality . and as for the matter of his booke , it well fits indeed the manner thereof : for he neuer answereth directly to the maine question in my booke . for whereas my apologie handleth onely two points , as i told you before ; one , to proue that the oath of allegiance doeth onely meddle with the ciuil and temporal obedience , due by subiects to their naturall soueraignes ; the other , that this late vsurpation of popes ouer the temporall power of princes , is against the rule of all scriptures , ancient councels and fathers : hee neuer improoues the first , but by a false inference ; that the oath denieth the popes power of excommunication directly , since it denyeth his authoritie in deposing of kings . and for the second point , he bringeth no proofe to the contrary , but , pasce oues meas : and , tibi dabo claues regni coelorum : and , that no catholike euer doubted of it . so as i may truely say of him , that he either vnderstandeth not , or at least will not seeme to vnderstand my booke , in neuer directly answering the maine question , as i haue already sayd ; and so may i iustly turne ouer vpon himselfe that doome of ignorance , which in the beginning of his booke he rashly pronounceth vpon me , saying that i neither vnderstand the popes breues , his letter , nor the oath it selfe ; and as hee delighteth to repeat ouer and ouer , i know not how oft , and triumpheth in this wrong inference of his ; that to deny the popes power to depose kings , 〈◊〉 ●o deny the popes primacie , and his spirituall power of excommunication : so doeth he , vpon that ground of pasce oues meas , giue the pope so ample a power ouer kings , to throne or dethrone them at his pleasure ( and yet onely subiecting christian kings to that slauerie ) as i doubt not but in your owne honours yee will resent you of such indignities ; the rather since it concernes so many of you as professe the romish religion , farre more then me . for since hee accounteth me an heretike , & like iulian the apostate ; i am consequently extra caulam , and none of the popes flocke , and so am in the case of ethnicke princes , ouer whom he confesseth the pope hath no power . but yee are in the popes folde ; and you , that great pastour may leade as sheepe to the slaughter , when it shall please him . and as the asses eares must be hornes , if the lion list so to interpret it ; so must ye be remoued as scabbed sheepe from the flocke , if so be the pope thinke you to be , though your skinne be indeed neuer so sound . thus hath hee set such a new goodly interpretation vpon the words of christ , pasce oues meas , as if it were as much to say , as depose christian kings ; and that quodcunque solueris gaue the pope power to dispense with all sorts of othes , vowes , penalties , censurers & lawes , euen with the naturall obedience of subiects to their souereigne lords ; much like to that new coined glosse that his brother a baronius made vpon the words in s. peters vision , surge petre , occide & manduca ; that is , ( said hee to the pope ) goe kill and confound the venetians . and because i haue in my booke ( by citing a place in his controuersies ) discouered him to be a small friend to kings , hee is much commoued . for whereas in his said controuersies , speaking de clericis , hee is so bold as to affirme , that church-men are exempted from the power of earthly kings ; and that they ought them no subiection euen in temporall matters , but onely virationis and in their owne discretion , for the preseruation of peace and good order ; because , i say , citing this place of his in my booke , i tell with admiration , that he freeth all church-men from any subiection to kings , euen those that are their borne-subiects : hee is angry with this phrase , and sayth it is an addition for breeding enuie vnto him , and raising of hatred against him . for saith hee , although bellarmine affirmed generally , that church-men were not subiect to earthly kings ; yet did he not insert that particular clause [ though they were borne and dwelling in their dominions ] as if the words of church-men and earthly kings in generall imported not as much : for layicks as well as church-men are subiect to none but to their naturall soueraigne . and yet doeth he not sticke to confesse that he meant it , though it was not fit ( he saith ) to be expressed . and thus quarrels hee me for reuealing his printed secret . but whose hatred did he feare in this ? was it not yours ? who haue interest , but kings , in the withdrawing of true subiection from kings ? and when the greatest monarchs amongst you will remember , that almost the third part of your subiects and of your territories , is church-men and church-liuings ; i hope , yee will then consider and weigh , what a feather hee puls out of your wings , when he denudeth you of so many subiects and their possessions , in the popes fauour : nay , what bryers and thornes are left within the heart of your dominions , when so populous and potent a partie shall haue their birth , education and liuelyhood in your countries , and yet owe you no subiection , nor acknowledge you for their soveraignes ? so as where the church-men of old were content with their tythe of euery mans goods ; the pope now will haue little lesse then the third part of euery kings subiects and dominions . and as in this place so throughout all the rest of his booke , hee doeth nothing but amplifie the popes power ouer kings , and exaggerate my vnreasonable rigour for pressing this oath ; which he will needes haue to bee nothing but a renewed oath of supremacie in more subtill and craftie termes onely to robbe the pope of his primacie and spirituall power : making his temporall power and authoritie ouer princes , to bee one of the chiefe articles of the catholike faith . but that it may the better appeare vnto you , that all my labour and intention in this errand , was onely to meddle with that due temporall obedience which my subiects owe vnto mee ; and not to entrap nor inthrall their consciences , as he most falsly affirmes : ye shall first see how farre other godly and christian emperours and kings were from acknowledging the popes temporall supremacie ouer them ; nay , haue created , controlled and deposed popes : and next , what a number of my predecessors in this kingdome haue at al occasions , euen in the times of the greatest greatnesse of popes , resisted and plainely withstood them in this part . and first , all christian emperours were for a long time so farre from acknowledging the popes superioritie ouer them , as by the contrary the popes acknowledged themselves for their vassals , reuerencing and obeying the emperours as their lords ; for proofe whereof , i remit you to my apologie . and for the creating of popes ; the emperours were in so long and continuall possession thereof , as i will vse for my first witnesse a pope himselfe ; who ( in a a synod of an hundreth fifty and three bishops and abbots ) did ordaine , that the emperour charles the great should haue the right of choosing the pope , and ordaining the apostolicall seate , and the dignitie of the romane principalitie : nay , farther hee ordained , that all archbishops and bishops should receiue their inuestiture from the emperour , or els be of no auaile ; and , that a bishop wanting it should not bee consecrate ; pronouncing an anathema against all that should disobey this sentence . and that the emperours assent to the popes election was a thing ordinary for a long time , b platina , and a number of the popes owne writers beare witnesse : and c bellarmine himselfe , in his booke of controuersies , cannot get it handsomely denied . nay , the popes were euen forced then to pay a certaine summe of money to the emperours for their confirmation : and this lasted almost seuen hundreth yeeres after christ ; witnesse d sigebert and e luitprandus , with other popish historians . and for emperours deposing of popes , there are likewise diuers examples . the emperour f ottho deposed pope iohn the twelfth of that name , for diuers crimes and vices ; especially of lecherie . the emperour g henry the third in a short time deposed three popes ; benedict the ninth , siluester the third , and gregory the sixt , as well for the sinne of auarice , as for abusing their extraordinarie authoritie against kings and princes . and as for kings that haue denied this temporall superioritie of popes ; first , we haue the vnanime testimonie of diuers famous historiographers for the generall of many christian kingdomes . as , h walthram testifieth that the bishops of spaine , scotland , england , hungary , from ancient institution till this moderne noueltie , had their inuestiture by kings , with peaceable inioying of their temporalities wholly and entirely ; and whosoeuer ( saith hee ) is peaceably solicitous , let him peruse the liues of the ancients , and read the histories , and hee shall vnderstand thus much . and for verification of this generall assertion ; we will first begin at the practise of the kings of france , though not named by walthram in this his enumeration of kingdomes : amongst whom my first witnesse shall be that vulgarly knowen letter of i philip le bel king of france to pope boniface the viij . the beginning whereof , after a scornefull salutation , is sciat tua maxima fatuitas , nos in temporalibus nemini subesse . and likewise after that k lewes the ninth , surnamed sanctus , had by a publike instrument ( called pragmatica sanctio ) forbidden all the exactions of the popes court within his realme : pope pius l the ij in the beginning of lewes the eleuenth his time , greatly misliking this decree so long before made , sent his legate to the said king lewes with letters patents , vrging his promise which he had made when he was dolphin of france , to repeale that sanction if euer hee came to bee king. the king referreth the legate ouer with his letters-patents to the councel of paris : where the matter being propounded , was impugned by ioan. romanus , the kings atturney ; with whose opinion the vniuersitie of paris concurring , an appeale was made from the attempts of the pope to the next generall councell ; the cardinall departing with indignation . but that the kings of france and church therof haue euer stoken to their gallican immunitie , in denying the pope any temporall power ouer them , and in resisting the popes as oft as euer they prest to meddle with their temporall power , euen in the donation of benefices ; the histories are so full of them , as the onely examples thereof would make vp a bigge volume by it selfe . and so farre were the sorbonists for the kings and french churches priuiledge in this point , as they were wont to maintain ; that if the pope fell a quarrelling the king for that cause , the gallican church might elect a patriarch of their owne , renouncing any obedience to the pope . and gerson was so farre from giuing the pope that temporall authoritie ouer kings ( who otherwise was a deuoute roman catholike ) as hee wrote a booke de auferibilitate papae ; not onely from the power ouer kings , but euen ouer the church . and now permitting all further examples of forraigne kings actions , i will onely content mee at this time with some of my owne predecessors examples of this kingdom of england , that it may thereby the more clearly appeare , that euen in those times , when the worlde was fullest of darkened blindnesse and ignorance , the kings of england haue oftentimes , not only repined , but euen strongly resisted and withstoode this temporall vsurpation and encroachment of ambitious popes . and i will first begin at o king henry the first of that name , after the conquest ; who after he was crowned gaue the bishopricke of winchester to william gifford , and forthwith inuested him into all the possessions belonging to the bishopricke , contrarie to the canons of the new synod , p king henrie also gaue the archbishopricke of canterburie to radulph bishop of london ; and gaue him inuestiture by a ring and a crosiers staffe . also pope q calixtus held a councell at rhemes , whither king henry had appointed certaine bishops of england and normandie to goe ; thurstan , also , elected archbishop of yorke , got leaue of the king to goe thither , giuing his faith that hee would not receiue consecration of the pope ; and comming to the synode , by his liberal gifts ( as the fashion is ) wanne the romanes fauour , and by their meanes obtained to bee consecrate at the popes hand . which as soone as the king of england knewe , hee forbad him to come within his dominions . moreouer king edward the first , prohibited the abbot of r waltham and dean of pauls , to collect a tenth of euery mans goods for a supply to the holy land , which the pope by three bulles had committed to their charge ; and the said deane of pauls compering before the king and his councell , promised for the reuerence he did beare vnto the king , not to meddle any more in that matter , without the kings good leaue and permission . here ( i hope ) a church-man disobeyed the pope from obedience to his prince euen in church matters : but this new iesuited diuinitie was not then knowen in the world . the same edward i. impleaded the deane of the chappell of vuluerhampton , because the said deane had , against the priuiledges of the kingdome , giuen a prebend of the same chappell to one at the popes command : whereupon the said deane compeered , and put himselfe in the kings will for his offence . the said edward i. depriued also the bishop of durham of all his liberties , for disobeying a prohibition of the kings . so as it appeareth , the kings in those dayes thought the church men their svbiects , though now wee be taught other seraphicall doctrine . for further proofe whereof iohn of ibstocke was committed to the goale by the saide king , for hauing a suite in the court of rome seauen yeares for the rectorie of newchurch . and edward ii. following the footsteps of his father ; after giuing out a summons against the abbot of walden , for citing the abbot of s. albons and others in the court of rome , gaue out letters for his apprehension . and likewise , because a certaine prebend of banbury had drawen one beuercoat by a plea to rome without the kings dominions , therefore were letters of caption sent foorth against the said prebend . and edward iii. following likewise the example of his predecessors ; because a parson of liche had summoned the prior of s. oswalds before the pope at auinion ; for hauing before the iudges in england recouered the arrerage of a pension ; directed a precept , for seasing vpon all the goods both spirituall and temporall of the said parson , because hee had done this in preiudice of the king and crowne . the saide king also made one harwoden to bee declared culpable and worthy to bee punished , for procuring the popes bulles against a iudgment that was giuen by the kings iudges . and likewise ; because one entred vpon the priory of barnewell by the popes bull , the said intrant was committed to the tower of london , there to remaine during the kings pleasure . so as my predecessours ( ye see ) of this kingdome , euen when the popes triumphed in their greatnes , spared not to punish any of their subiects , that would preferre the popes obedience to theirs euen in church matters : so farre were they then from either acknowledging the pope for their temporal superior , or yet from doubting that their owne church-men were not their subiects . and now i will close vp all these examples with an act of parliament in king richard . his time ; whereby it was prohibited , that none should procure a benefice from rome , vnder paine to be put out of the kings protection . and thus may yee see , that what those kings successiuely one to another by foure generations haue acted in priuate , the same was also maintained by a publike law. by these few examples now ( i hope ) i haue sufficiently cleared my selfe from the imputation , that any ambition or desire of noueltie in mee should haue stirred me , either to robbe the pope of any thing due vnto him , or to assume vnto my selfe any further authoritie , then that which other christian emperours and kings through the world , and my owne predecessours of england in especiall , haue long agone maintained . neither is it enough to say ( as parsons doeth in his answere to the lord cooke ) that farre more kings of this countrey haue giuen many more examples of acknowledging , or not resisting the popes vsurped authoritie ; some perchance lacking the occasion , and some the abilitie of resisting them : for euen by the ciuill law , in the case of violent intrusion and long and wrongfull possession against mee , it is enough if i proue that i haue made lawfull interruption vpon conuenient occasions . but the cardinall thinkes the oath , not onely vnlawfull for the substance thereof , but also in regard of the person whom vnto it is to bee sworne : for ( saith he ) the king is not a catholike ; and in two or three other places of his booke , he sticketh not to call me by my name very broadly , an heretike , as i haue already tolde . but yet before i be publikly declared an heretike ; by the popes owne law my people ought not to refuse their obedience vnto me . and ( i trust ) if i were but a subiect , and accused by the pope in his conclaue before his cardinals , he would haue hard prouing me an heretike , if he iudged mee by their owne ancient orders . for first , i am no apostate , as the cardinall would make mee ; not onely hauing euer been brought vp in that religion which i presently professe , but euen my father and grandfather on that side professing the same : and so cannot be properly an heretike by their owne doctrine , since i neuer was of their church . and as for the queene my mother of worthie memorie , although she continued in that religion wherin she was nourished , yet was shee so farre from being superstitious or iesuited therein , that at my baptisme ( although i was baptized by a popish archbishop ) shee sent him word to forbeare to vse the spettle in my baptisme ; which was obeyed , being indeed a filthy and an apish trick , rather in scorne then imitation of christ . and her owne very words were , that shee would not haue a pockie priest to spet in her childs mouth . as also the font wherin i was christened , was sent from the late queene heere of famous memorie , who was my godmother ; and what her religion was , pius v. was not ignorant . and for further proofe , that that renowmed queene my mother was not superstitious , as in all her letters ( whereof i receiued many ) she neuer made mention of religion , nor laboured to perswade me in it ; so at her last words , she cōmanded her master-houshold , a scottish gentleman my seruant , and yet aliue , shee commanded him ( i say ) to tell me ; that although she was of another religion then that wherein i was brought vp ; yet she woud not presse me to change , except my owne conscience forced mee to it . for so that i led a good life , and were carefull to doe iustice and gouerne well , she doubted not but i would be in a good case with the profession of my owne religion . thus am i no apostate , nor yet a deborder from that religion which one part of my parents professed , and an other part gaue me good allowance of . neither can my baptisme in the rites of their religion make me an apostate , or heretike in respect of my present profession , since wee all agree in the substance thereof , being all baptized in the name of the father , the sonne , and the holy ghost : vpon which head there is no variance amongst vs. and now for the point of heretike , i will neuer bee ashamed to render an account of my profession , and of that hope that is in me , as the apostle prescribeth . i am such a catholike christian , as beleeueth the three creeds ; that of the apostles , that of the councell of nice , and that of athanasius ; the two latter being paraphrases to the former : and i beleeue them in that sense , as the ancient fathers and councels that made them did vnderstand them . to which three creedes all the ministers of england doe subscribe at their ordination . and i also acknowledge for orthodoxe all those other formes of creeds , that either were deuised by councels or paticular fathers , against such particular heresies , as most reigned in their times . i reuerence and admit the foure first generall councels as catholike and orthodoxe . and the said foure generall councels are acknowledged by our acts of parliament , and receiued for orthodoxe by our church . as for the fathers , i reuerence them as much and more then the iesuites doe , and as much as themselues euer craued . for what euer the fathers for the first fiue hundreth yeeres did with an vnanime consent agree vpon , to be beleeued as a necessary point of saluation , i either will beleeue it also , or at least will be humbly silent ; not taking vpon me to condemne the same : but for euery priuate fathers opinion , it bindes not my conscience more then bellarmines ; euery one of the fathers vsually contradicting others . i wil therefore in that case follow s. a augustines rule in iudging of their opinions , as i finde them agree with the scriptures : what i find agreeable thereunto i will gladly imbrace ; what is otherwise i will ( with their reuerence ) reiect . as for the scriptures ; no man doubteth i will beleeue them . but euen for the apocrypha ; i hold them in the same account that the ancients did . they are still printed and bound with our bibles , and publikely read in our churches . i reuerence them as the writings of holy and good men : but since they are not found in the canon , we account them to be secundae lectionis , or b ordinis ( which is bellarmines owne distinction ) and therefore not sufficient whereupon alone to ground any article of faith , except it be confirmed by some other place of canonicall scripture ; concluding this point with ruffinus ( who is no nouelist , i hope ) that the apocryphall bookes were by the fathers permitted to be read ; not for confirmation of doctrine , but onely for instruction of the people . as for the saints departed ; i honour their memory , and in the honour of them doe we in our church obserue the dayes of so many of them , as the scripture doth canonize for saints ; but i am loath to beleeue all the tales of the legended saints . and first for the blessed virgin marie , i yeeld her that which the angel gabriel pronounced of her , and which in her canticle shee prophecied of her selfe : that is , that a she is blessed amongst women , and b that all generations shall call her blessed . i reuerence her as the mother of christ , whom of our sauiour tooke his flesh , and so the mother of god , since the diuinitie and humanitie of christ are inseparable . and i freely confesse , that shee is in glory both aboue angels and men , her owne sonne ( that is both god and man ) only excepted . but i dare not mocke her and blaspheme against god , calling her not onely diua but dea , and praying her to command and controule her sonne , who is her god , and her saviovr . nor yet can i thinke , that she hath no other thing to doe in heauen , then to heare euery idle mans suite and busie her selfe in their errands ; whiles requesting , whiles commaunding her sonne , whiles comming downe to kisse and make loue with priests , and whiles disputing and brawling with deuils . in heauen she is in eternall glory and ioy , neuer to bee interrupted with any worldly busines ; and there i leaue her with her blessed sonne our sauiour and hers in eternall felicitie . as for prayer to saints ; christ ( i am sure ) hath commaunded vs to come all to him that are loaden with sinne , and hee will relieue vs : and s. paul hath forbidden vs to worship angels , or to vse any such voluntary worship , that hath a shew of humilitie in that it spareth not the flesh . but what warrant wee haue to haue recourse vnto these dij penates or tutelares , these courtiers of god , i know not ; i remit that to these philosophicall neoterike diuines . it satisfieth me to pray to god through christ as i am commanded , which i am sure must bee the safest way ; and i am sure the safest way is the best way in points of saluation . but if the romish church hath coined new articles of faith , neuer heard of in the first . yeeres after christ , i hope i shal neuer be condemned for an heretike , for not being a nouelist . such are the priuate masses , where the priest playeth the part both of the priest and of the people ; and such are the amputation of the one halfe of the sacrament from the people ; the transsubstantiation , eleuation for adoration , and circumportation in procession of the sacrament ; the works of supererogation , rightly named thesaurus ecclesiae , the baptising of bels , and a thousand other trickes : but aboue all the worshipping of images . if my faith bee weake in these , i confesse i had rather beleeue too litle then too much . and yet since i beleeue as much as the scriptures do warrant , the creeds do perswade , and the ancient councels decreed , i may well be a schismatike from rome , but i am sure i am no heretike . for reliques of saints , if i had any such that i were assured were members of their bodies i would honorably bury them , and not giue them the reward of condemned mens members , which are onely ordained to be depriued of buriall : but for worshipping either them or images , i must account it damnable idolatry . i am no iconomachus , i quarrell not the making of images , either for publike decoration , or for mens priuate vses : but that they should be worshipped , bee prayed to , or any holinesse attributed vnto them , was neuer knowen of the ancients : and the scriptures are so directly , vehemently and punctually against it , as i wonder what braine of man , or suggestion of sathan durst offer it to christians ; and all must be salued with nice philosophicall distinctions : as , idolum nihil est : and , they worship ( forsooth ) the images of things in being , and the image of the true god. but the scripture forbiddeth to worship the image of any thing that god created . it was not a nihil then that god forbade onely to be worshipped , neither was the brasen serpent , nor the body of moses a nihil ; and yet the one was destroyed , and the other hidden for eschewing of idolatrie . yea , the image of god himselfe is not onely expresly forbidden to be worshipped , but euen to be made . the reason is giuen , that no eye euer saw god ; and how can wee paint his face , when moses ( the man that euer was most familiar with god ) neuer saw but his backe parts ? surely , since he cannot bee draawen to the viue , it is a thankelesse labour to marre it with a false representation ; which no prince , nor scarce any other man will be contented with in their owne pictures . let them therefore that maintaine this doctrine , answere it to christ at the latter day , when he shall accuse them of idolatry ; and then i doubt if he will be payed with such nice sophisticall distinctions . but christs crosse must haue a particular priuiledge ( say they ) and bee worshipped ratione contactus . but first we must know what kinde of touching of christs body drew a vertue from it ; whether euery touching , or only touching by faith ? that euery touching of his body drew not vertue from it , is more then manifest . when a the woman in the bloody flux touched him , shee was healed by her faith : but peter then tolde him that a crowd and throng of many people then touched him ; and yet none of them receiued any benefit or vertue from him . iudas touched him many and many a time , besides his last kisse ; so did the villaines that buffeted and crucified him , and yet i may safely pronounce them accursed , that would bestow any worshippe vpon their reliques : yea , wee cannot denie but the land of canaan it selfe ( whereupon our lord did daily tread ) is so visibly accursed , being gouerned by faithlesse turkes , full of innumerable sects of hereticall christians , and the very fertilitie thereof so far degenerated into a pitiful sterilitie , as he must be accursed that accounteth it blessed . nay , when a certaine woman blessed the belly that bare christ , and the breasts that gaue him sucke ; nay rather ( saith he ) blessed are those that heare the word of god and keepe it . except then they could first prooue that christ had resolued to blesse that tree of the crosse whereupon he was nailed ; they can neuer proue that his touching it could giue it any vertue . and put the case it had a vertue of doing miracles , as peters sh●dow had , yet doth it not follow , that it is lawfull to worship it , which peter would neuer accept of . surely the prophets that in so many places curse those that worship images that haue eyes and see not , that haue eares and heare not , would much more haue cursed them that worship a piece of a sticke , th●t hath not so much as any resemblance or representation of eyes or eares . as for pugatorie and all the * trash depending thereupon , it is not worth the talking of , bellarmine cannot finde any ground for it in all the scriptures . onely i would pray him to tell me ; if that faire greene meadow that is in purgatorie , haue a brooke running thorow it , that in case i come there , i may haue hawking vpon it . but as for me ; i am sure there is a heauen and a hell , praemium & poena , for the elect and reprobate : how many other roomes there bee , i am not on god his counsell . multae sunt mansiones in domo patris mei , saith christ who is the true purgatorie for our sinnes : but how many chambers and anti-chambers the deuill hath , they can best tell that goe to him : but in case there were more places for soules to goe to then wee know of , yet let vs content vs with that which in his word hee hath reuealed vnto vs , and not inquire further into his secrets . heauen and hell are there reuealed to be the eternall home of all mankinde : let vs indeauour to winne the one and eschew the other ; and there is an end . now in all this discourse haue i yet left out the maine article of the romish faith ; and that is the head of the church or peters primacie ; for who denieth this , denieth fidem catholicam , saith bellarmine . that bishops ought to be in the church , i euer maintained it , as an apostolike institution , and so the ordinance of god ; contrary to the puritanes , and likewise to a bellarmine ; who denies that bishops haue their iurisdiction immediatly from god. ( but it is no wonder he takes the puritanes part , since iesuits are nothing but puritan-papists , ) and as i euer maintained the state of bishops and the ecclesiasticall hierarchie for order sake ; so was i euer an enemy to the confused anarchie or paritie of the puritanes , as well appeareth in my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . heauen is gouerned by order , and all the good angels there ; nay , hell it selfe could not subsist without some order ; and the very deuils are diuided into legions and haue their chiefetaines : how can any societie then vpon earth subsist without order and degrees ? and therefore i cannot enough wonder with what brasen face this answerer could say , that i was a puritane in scotland , and an enemy to protestants : i that was persecuted by puritanes there , not from my birth only , but euen since foure moneths before my birth ? i that in the yeere of god erected bishops , and depressed all their popular paritie , i then being not . yeeres of age ? i that in my said booke to my sonne , doe speake tenne times more bitterly of them nor of the papists ; hauing in my second edition therof affixed a long apologetike preface , onely in odium puritanorum ? and i that for the space of sixe yeares before my comming into england , laboured nothing so much as to depresse their paritie , and re-erect bishops againe ? nay , if the daily commentaries of my life and actions in scotland , were written ( as iulius caesars were ) there would scarcely a moneth passe in all my life , since my entring into the . yeare of my age , wherein some accident or other would not conuince the cardinall of a lye in this point . and surely i giue a faire commendation to the puraitnes in that place of my booke , where i affirme that i haue found greater honesty with the high-land and border theeues , then with that sort of people . but leauing him to his own impudence , i returne to my purpose . of bishops and church hierarchie i very well allowe ( as i saide before ) and likewise of rancks and degrees amongst bishops . patriarches ( i know ) were in the time of the primitiue church , and i likewise reuerence that institution for order sake : and amongst them was a contention for the first place . and for my selfe ( if that were yet the question ) i would with all my heart giue my consent that the bishop of rome should haue the first seate : i being a westerne king would go with the patriarch of the west . and for his temporall principalitie ouer the signory of rome , i doe not quarrell it neither ; let him in god his name be primus episcopus inter omnes episcopos , and princeps episcoporum ; so it be no other wise but as peter was princeps apostolorum . but as i well allow of the hierarchie of the church for distinction of orders ( for so i vnderstand it ) so i vtterly denie that there is an earthly monarch thereof , whose word must be a law , and who cannot erre in his sentence , by an infallibilitie of spirit . because earthly kingdomes must haue earthly monarches ; it doeth not follow , that the church must haue a visible monarch too : for the world hath not one earthly temporall monarch . christ is his churches monarch , and the holy ghost his deputie : reges gentium dominantur eorū , vos autem non sic . christ did not promise before his ascension , to leaue peter with them to direct and instruct them in all things ; but hee promised to send the holy ghost vnto them for that end . and as for these two before cited places , wherby bellarmine maketh the pope to triumph ouer kings ; i meane pasce oues , and tibi dabo claues : the cardinall knowes well enough , that the same words of tibi dabo , are in another place spoken by christ in the plural number . and he likewise knowes what reason the ancients doe giue , why christ bade peter pascere oues : and also what a cloude of witnesses there is , both of ancients , and euen of late popish writers , yea diuers cardinals , that do all agree that both these speeches vsed to peter , were meant to all the apostles represented in his person : otherwise how could paul direct the church of corinth to excommunicate the incestuous person cum spiritu suo , whereas hee should then haue said , cum spiritu petri ? and how could all the apostles haue otherwise vsed all their censures , only in christs name , and neuer a word of his vicar ? peter ( wee reade ) did in all the apostles meetings sit amongst them as one of their number : and when chosen men were sent to anti●chia from that great apostolike councell at ierusalem ( acts . ) the text saith , it seemed good to the apostles and elders with the whole church , to send chosen men , but no mention made of the head therof ; and so in their letters no mention is made of peter , but onely of the apostles , elders , and brethren . and it is a wonder , why paul rebuketh the church of corinth for making exception of persons , because some followed paul , some apollos , some cephas , if peter was their visible head , for then those that followed not peter or cephas , renounced the catholike faith . but it appeareth well that paul knew little of our new doctrine , since he handleth peter so rudely , as he not onely compareth but preferreth himself vnto him . but our cardinall prooues peters superioritie , by pauls going to visite him . indeed paul saith , hee went to ierusalem to visite peter , and conferre with him ; but he should haue added , and to kisse his feet . to conclude then , the truth is that peter was both in age , and in the time of christs calling him , one of the first of the apostles ; in order the principall of the first twelue , and one of the three whom christ for order sake preferred to al the rest . and no further did the bishop of rome claime for three hundred yeares after christ : subiect they were to the generall councels , and euen but of late did the councell of constance depose three popes , and set vp the fourth . and vntil phocas dayes ( that murthered his master ) were they subiect to emperours . but how they are now come to be christs vicars , nay gods on earth , triple-crowned , kings of heauen , earth and hell , iudges of all the world , and none to iudge them , heads of the fayth , absolute deciders of all controuersies by the infallibility of their spirit , hauing all power both spirituall and temporall in their hands , the high bishops , monarches of the whole earth , superiours to all emperours and kings ; yea , supreme vice-gods , who whether they will or not cannot erre : how they are now come ( i say ) to this toppe of greatnesse , i know not : but sure i am , wee that are kings haue greatest neede to looke vnto it . as for mee , paul and peter i know , but these men i know not : and yet to doubt of this , is to denie the catholique faith ; nay , the world it selfe must be turned vpside downe , and the order of nature inuerted ( making the left hand to haue the place before the right , and the last named to be the first in honour ) that this primacie may be maintained . thus haue i now made a free confession of my faith : and ( i hope ) i haue fully cleared my selfe from being an apostate ; and as far from being an heretike , as one may bee that beleeueth the scriptures , and the three creedes , and acknowledgeth the foure first generall councels . if i bee loath to beleeue too much , especially of nouelties , men of greater knowledge may well pitie my weakenesse ; but i am sure none will condemne me for an heretike , saue such as make the pope their god ; and thinke him such a speaking scripture , as they can define heresie no otherwise , but to bee whatsoeuer opinion is maintained against the popes definition of faith . and i will sincerely promise , that when euer any point of the religion i professe , shal be proued to be new , and not ancient , catholike , and apostolike ( i meane for matter of faith ) i will as soone renounce it ; closing vp this head with the maxime of vincentius lirinensis , that i will neuer refuse to imbrace any opinion in diuinity necessary to saluation , which the whole catholike church with an vnanime consent , haue constantly taught and beleeued euen from the apostles daies , for the space of many ages thereafter without interruption . but in the cardinals opinion , i haue shewed my selfe an heretike ( i am sure ) in playing with the name of babylon , and the towne vpon seuen hils ; as if i would infinuate rome at this present to bee spiritually babylon . and yet that rome is called babylon , both in s. peters epistle and in the apocalyps , our answerer freely confesseth . as for the definition of the antichrist , i wil not vrge so obscure a point , as a matter of faith to be necessarily beleeued of al christians ; but what i thinke herein , i will simply declare . that there must be an antichrist , and in his time a generall defection ; we all agree . but the time , seat , and person of this antichrist , are the chiefe questions whereupon we differ : and for that , wee must search the scriptures for our resolution . as for my opinion ; i thinke s. paul in the . to the thessalonians doeth vtter more clearely that which s. ●ohn speaketh more mystically of the antichrist . first that in that place he meaneth the antichrist , it is plain , since he saith there must be first a defection ; and that in the antichrists time onely that eclipse of defection must fall vpon the church , all the romish catholikes are strong enough : otherwise their church must be daily subiect to erre , which is cleane contrary to their maine doctrine . then d●scribing him ( he saith ) that the man of sin , filius perditionis , shal exalt himselfe aboue all that is called god. but who these be whom of the psalmist saith dixi , vos dijestis , bellarmine can tell . in old diuinitie it was wont to be kings : bellarmine wil adde church-men ; let it be both . it is well enough knowen , who now exalteth himselfe aboue both the swords . and after that s. paul hath thus described the person , he next describeth the seat ; and telleth that he shall sit in the temple of god , that is , the bosome of the church ; yea , in the very heart thereof . now where this apostolike seat is , i leaue it to be guessed : and likewise who it is that sitting there , sheweth himselfe to be god ; pardoning sinnes , redeeming soules , and defining faith , controuling and iudging all men , and to be iudged of none . anent the time , s. paul is plainest of all . for he calleth the thessalonians to memo●y , that when he was with them hee told them these things : and therefore they know ( saith hee ) what the impediment was , and who did withhold that the man of sinne was not reuealed , although the mystery of iniquitie was already working . that the romane emperours in s. pauls time needed no reuealing to the christians to be men of sinne or sinfull men , no child doubteth : but the reuelation he speaketh of was a mysterie , a secret ; it should therefore seeme that hee durst not publish in his epistle what that impediment was . it may be hee meant by the translating of the seate of the romane empire , and that the translation there of should leaue a roume for the man of sinne to sit downe in . and that he meant not that man of sinne of these ethnicke emperours in his time , his introduction to this discourse maketh it more then manifest . for he saith ( fearing they should be deceiued , thinking the day of the lords second comming to be at hand ) he hath therefore thought good to forewarne them that this generall defection must first come . whereby it well appeareth that hee could not meane by the present time but by a future , and that a good long time . otherwise he proued ill his argument , that the lords comming was not at hand . neither can the forme of the destruction of this man of sinne agree with that maner of spoile , that the gothes & vandals made of * ethnick rome . for our apostle saith , a that this wicked man shal be consumed by the spirit of the lords mouth , and abolished by his comming . now i would thinke that the word of god and the preaching thereof , should bee meant by the spirit of the lords mouth , which should peece and peece consume and diminish the power of that man of sinne , till the brightnesse of the lordes second comming , should vtterly abolish him . and by his expressing the meanes of his working , he doeth likewise ( in my opinion ) explane his meaning very much . for he saith , it shall be by a strong delusion , by lying wonders , &c. well , what church it is that vanteth them of their innumerable miracles , and yet most of them contrary to their owne doctrine : bellarmine can best tell you with his hungry mare , that turned her taile to her prouender and kneeled to the sacrament ; and yet ( i am sure ) he wil be ashamed to say , that the holy sacrament is ordeined to be worshipped by oues & boues , & caetera pecora campi . thus haue i prooued out of s. paul now , that the time of the antichrists comming , and the generall defection was not to bee till long after the time that he wrote in ; that his seat was to be in the temple and church of god ; and , that his action ( which can best poynt at his person ) should be to exalt himselfe aboue all that were called gods. s. iohn indeed doth more amply , though mystically describe this antichrist , which vnder the figure of a monstrous beast , with seuen heads and ten hornes , he sets forth in the xiij . chap. and then interpreteth in the xvij . where he cals her a whore sitting vpon many waters , and riding vpon the saide monstrous beast ; concluding that chapter with calling that woman , that great city which reigneth ouer the kings of the earth . and both in that chapter , and in the beginning of the next , hee calles that great city , babylon . so as to continue herein my formerly proposed methode , of the time , seat , and person of antichrist ; this place doth clearely and vndeniably declare that rome is , or shal be the seat of that antichrist . for first , no papist now denieth that by babylon here rome is directly meant ; and that this woman is the antichrist , doeth clearely appeare by the time of his working ( described by . moneths in the xiij . chap. ) which doeth iustly agree with that three yeeres and a halfes time , which all the papistes giue to the reigne of antichrist . besides that , the beast it selfe with seuen heads and ten hornes , hauing one of her heads wounded and healed againe , is described iust alike in the xiij . and xvij . chap. being in the former prooued to be the antichrist by the time of her reigne ; and in the latter rome by the name of babylon , by the confession of all the papists : so as one point is now cleare , that rome is the seat of the antichrist . neither will that place in the xj . chap. serue to shift off this poynt , and proue the antichrists seate to bee in ierusalem , where it is saide ; that the corpses of the witnesses shall lie in the great citie , spiritually sodome and egypt , where our lord also was crucified . for the word spiritually is applied both to sodome , egypt , and ierusalem in that place ; and when he hath named sodome and egypt , hee doeth not subioyne ierusalem with a single vbi ; but with an vbi & , as if hee would say ; and this antichrists abomination shall bee so great , as his seate shall be as full of spirituall whoredomes and idolatries , as sodome and egypt was ; nay , and so bloodie in the persecution of the saints , as our lord shall bee crucified againe in his members . and who hath so meanely read the scriptures ( if he haue euer read them at all ) that knoweth it not to bee a common phrase in them , to call christ persecuted and slaine , when his saints are so vsed ? so did christ say , speaking of the latter day ; and in the same style did hee speake to s. paul at his conuersion . and that babylon , or rome ( since bellarmine is contented it bee so called ) is that great citie , where our lord was crucified , the last verse of the xviij . chap. doeth also clearely proue it . for there it is said , that in that citie was found the blood of the prophets , & of the saints , and of all that were slaine vpon the earth ; and i hope christ was one of them that were slaine vpon the earth . and besides that , it may well bee saide that hee was slaine in that great citie babylon , since by the romane authoritie he was put to death , vnder a romane iudge , and for a romane quarrell : for he could not bee a friend to caesar , that was not his enemie . this poynt now being cleared of the antichrists seate , as i haue already sayd ; wee are next to find out the time when the antichrist shall raigne , if it bee not already come . in the xiij . chap. s. iohn saith , that this beast with the seuen heads and tenne hornes , had one of his heads wounded and healed againe ; and interpreting that in the xvij . hee saith , that these seuen heads are also seuen kings , whereof fiue are fallen , one is , and an other is not yet come , and when he commeth hee shall continue a short space . and the beast that was and is not , is the eight , and yet one of the seuen . by which beast hee meaneth the antichrist , who was not then come , i meane in the apostles dayes , but was to come after . so as betweene the time of the apostles and the ende of the world , must the time of the antichrists comming be ; and with this the papists doe also agree . whereby it appeareth that babylon , which is rome , shall bee the seate of the antichrist ; but not that ethnicke rome which was in the apostles dayes ( for iohn himselfe professeth that he is to write of nothing , but that which is to come after his time . ) nor yet that turning christian rome while she was in the conuerting , which immediatly followed the apostles time , glorious by the martyrdome of so many godly bishops : but that antichristian rome , when as the antichrist shall set downe his seat there ; after that by the working of that mysterie of iniquitie , christian rome shall become to bee corrupted ; and so that deadly wound , which the gothes and vandales gaue rome , shall be cured in that head or king , the antichrist , who thereafter shall arise & reigne for a long space . but here it may be obiected , that the antichrist cannot reigne a long space ; since s. iohn saith in two or three sundry places , that the antichrist shall worke but the space of three yeeres and a halfe . surely who will but a little acquaint himselfe with the phrases and style of s. iohn in his apocalyps , shall finde that he doeth ordinarily set downe numerum certum pro incerto . so doeth he in his twelue thousand of euery tribe that will be safe ; so doeth hee in his army of two hundred thousand , that were sent to kill the third part of the men , and so doeth hee in diuers other places . and therefore who will but remember that in all his visions in the said booke , hee directly imitates the fashions of the prophet ezekiels , daniels , and zacharies visions ( borowing their phrases that prophecied before christ , to vtter his prophecies in , that was to speake of the last dayes ) shall finde it very probable that in these three dayes and a halfe hee imitated daniels weekes , accounting for his week the time between christs first and second comming , and making antichrist to triumph the halfe of that time or spirituall weeke . for as to that literall interpretation ( as all the papists make it ) of three yeeres and a halfe , and that time to fall out directly the very last dayes , saue fiue and fortie , before christ his second comming , it is directly repugnant to the whole new testament . for christ saith , that in the latter dayes men shall be feasting , marrying , & at all such worldly finesse , when the last houre shall come in a clappe vpon them ; one shall bee at the mill. one vpon the toppe of the house , and so foorth . christ telleth a parable of the fiue foolish virgins to shew the vnlooked-for comming of this houre ; nay , he saith the sonne of man , nor the angels in heauen know not this time . s. peter biddeth vs watch and pray , euer awaiting vpon that houre . and s. iohn in this same apocalyps doeth a twise tell vs , that christ will come as a theefe in the night ; and so doeth christ say in the b euangel . whereas if the antichrist shall reigne three yeeres and a halfe before the latter day , and that there shall be but iust . daies of time after his destruction ; then shall not the iust day and houre of the latter day , be vnknowen to them that shall be aliue in the world at the time of antichrists destruction . for first according to the papists doctrine , all the world shall know him to be the antichist , both by the two witnesses doctrine , and his sudden destruction ; and consequently they cannot be ignorant , that the latter day shal come iust . dayes after : and so christ shal not come as a theefe , nor the world be taken at vnawares ; contrary to all the scriptures before alleadged , and many more . and thus haue wee proued rome to be the seat of the antichrist , and the second halfe of that spiritual weeke between the first and second comming of christ , to be the time of his reigne . for in the first halfe thereof the mystery of iniquitie beganne to worke ; but the man of sinne was not yet reuealed . but who these witnesses should be is a great question . the generall conceit of the papists is , that it must be enoch and elias : and herein is bellarmine so strong , as hee thinketh him in a great error ( if not an heretike ) that doubteth of it . but the vanitie of this iewish fable i wil in few words discouer . the cardinall , in his booke of controuersies bringeth sowerplaces of scripture for probation of this idle dreame : two in the olde testament , malachie and ecclesiasticus , and two in the new , christ in matthew ( hee might haue added marke too ) and iohn in the xi . of the apocalyps . first , for the generall of all those places , i dare boldly affirme , that there is not a word in them , nor in all the rest of the scriptures that saith , that either enoch or elias shall returne to fight against antichrist , and shall be slaine by him , nor any such like matter . next as to euery place in particular , to beginne with malachie , i know not who can better interprete him then christ , who twise in matthew , chap. xi . and xvij . and once in marke tels both the multitude , and his owne disciples , that iohn baptist was that promised elias . and herein doth bellarmine deale most vnfaithfully with christ : for his demonstration that antichrist is not yet come , because e●och and elias are not yet returned ; hee , for his probation thereof , citeth these wordes of christ in the xvij of matthew , elias shall indeed come and restore all things ; but omits his very next words interpreting the same , that he is alreadie come in the person of iohn baptist . nay , wherby he taketh vpon him to answere biblianders obiection , that christ did by iohn the baptist , vnderstand the prophecie of elias comming to be accomplished , he picketh out the words , qui habet aures , audiat , in the xi . of matthew , immediatly following that purpose of elias , making of them a great mystery : and neuer taketh knowledge , that in the xvij . by him selfe before alledged , christ doth interpret malachy in the same maner without any subioyning of these words , qui habet aures , audiat ; adioyning shamelesly hereunto a fowle paraphrase of his owne , telling vs what christ would haue saide ; nay , in my conscience , hee meant what christ should and ought to haue said , if he had beene a good catholike , setting downe there a glosse of orleance that destroyes the text. thus ye see , how shamefully he abuseth christs wordes , who in three sundry places ( as i haue said ) interpreteth the second comming of elias to be meant by iohn the baptist . hee likewise cauils most dishonestly vpon that word venturus . for christ vseth that word but in the repeating their opinion : but interpreting it , that hee was alreadie come in the person of iohn baptist . as if hee had said , the prophesie is indeed true that elias shall come ; but i say vnto you that elias iam venit , meaning of iohn baptist : and so he first repeates the words of the prophesie in the future time , as the prophet spake them and next sheweth them to be now accomplished in the person of iohn , in the present time . neither can these words of malachie [ dies magnus & horribilis ] falsifie christs commentarie vpon him . for if that day whereupon the sauiour of the world suffered , when the a sunne was totally obscured from the sixt houre to the ninth ; the vaile of the temple rent asunder from the top to the bottome ; and the earth did quake , the stones were clouen , the graues did open themselues and the dead arose· if that day ( i say ) was not a great and horrible day , i know not what to cal a horrible day . which day no doubt had destroyed the whole nation of the iewes without exception by a iust anatheme , if the said iohn the fore runner had not first conuerted many , by the doctrine of repentance and by baptisme . but why should i presume any more to interprete malachy , since it is sufficient that christ himselfe hath interpreted him so ? and since ipse dixit ; nay , ter dixit , per quem facta sunt omnia , what mortall man dare interprete him otherwise ; nay , directly contrary ? now for that place of ecclesiasticus ; as the sonne of syrach onely borroweth it from malachie ( as appeareth by these wordes of his , of conuerting the sonnes hearts to their fathers , which are malachies owne words ) so doth christs comentary serue as well to interprete the one as the other : it being no shame for that mortall iesus to bee commented and interpreted by the immortall and true iesvs , though to the shame and confusion of the iesuits heresies herein . but enoch must bee ioyned to elias in this errand , onely to beare vp the couples , as i thinke . for no place of scripture speaketh of his returning againe , only it is said in ecclesiasticus the xliiij , that enoch pleased god , and was translated to paradise , vt daret gentibus sapientiam , or poenitentiam ; since they will haue it so . and what is this to say ? marry that enoch shall returne againe to this worlde , and fight against the antichrist . a prettie large comment indeed , but no right commentary vpon that text. when bellarmine was talking of elias ; he insisted , that elias must come to conuert the iewes principally , restituere tribus iacob . but when he speaketh here of enoch , he must dare gentibus poenitentiam , and not a word of iewes . belike they shal come for sundry errands , and not both for one : or like paul and peter , the one shall be apostle for the iewes , and the other for the gentiles . what need such wilde racked commentaries for such three wordes ? will not the sense stand well and clearely enough , that enoch pleased god and was translated to paradise ; that by the example of his reward , the nations might repent and imitate his holy footsteps ? for what could more mightily perswade the nations to repent ; then by letting them see that holy man carried quicke vp to heauen , for reward of his vprightnesse ; whereas all the rest of the people died and went to corruption ? and where scripture faileth , the cardinall must helpe himselfe with the fathers , to proue both that enoch and elias are yet aliue , and that they shall hereafter die ; but with the like felicitie , as in his alledging of scriptures ; to vse his owne wordes of me in his a pamphlet . for which purpose hee citeth fiue fathers ; irenaeus , tertullian , epiphanius , hierome and agustine . vpon this they all agree in deed , that enoch and elias are still aliue both , which no christian ( i hope ) will denie . for abraham , isaac , and iacob are all still aliue , as christ telleth vs ; for god is deus viuentium , non mortuorum . much more then are enoch and elias aliue , who neuer tasted of death after the manner of other men . but as to the next point , that they should die hereafter , his first two witnesses , irenaeus and tertullian say the direct contrary . for irenaeus saith , that they shall remaine in paradise till the consummation , conspicātes in corruptionem . now to remain there till the consummation , and to see incorruption , is directly contrary to their returning to the world againe and suffering of death . tertullian likewise agreeing hereunto saith most clearely , that enoch hath neuer tasted of death , vt aeternitatis candidatus : now hee is ill priuiledged with eternitie , if he must die againe ; as for his places cited out of the other three fathers , they all confirme that first point , that they are still aliue : but that they must die againe , they make no mention . but here speaking of the ancient fathers , let mee take this occasion to forewarne you concerning them : that though they mistake and vnderstand not rightly many mysteries in the apocalyps , it is no wonder . for the booke thereof , was still sealed in their dayes . and though the mysterie of iniquitie was alreadie working , yet was not the man of sinne yet reuealed . and it is a certaine rule in all darke prophesies ; that they are neuer clearely vnderstood , till they be accomplished . and thus hauing answered his two places , in the olde testament , by his thirde in the new testament , containing christs owne words : which being , luce clariora , i neede speake no more of them . i am now to speake of the fourth place of scripture , which is in the xj . of the apocalyps . for the two witnesses ( forsooth ) there mentioned , must be enoch and elias . but how this can stand with any point of diuinity or likelihood of reason that these two glorified bodies shall come downe out of heauen or paradise ( make it what you will ) preach , and fight against the antichrist , bee slaine by him after many thousand yeeres exemption from the naturall course of death , rise againe the third day in imitation of christ ; & then ( hauing wrought many woonders ) to goe vp againe to heauen ; making an ordinary poste betwixt heauen and earth : how this ( i say ) can agree either with diuinitie or good reason , i confesse it passeth my capacity . and especially that they must bee clad in sackcloth , whose bodies ( i hope ) haue beene so long agone so free from sinne , as i thinke they should neede no more such mac●ration for sinne . for they must be now either in heauen or paradise . if in heauen ( as doubtlesse they are ) their bodies must bee glorified : for no corruptible thing can enter there ; and consequently they can no more be subiect to the sensible things of this world , especially to death . but if they be in earthly paradise , wee must first know where it is . bellarmine indeede in his controuersies is much troubled to find out the place where paradise is , and whether it be in the earth , or in the ayre . but these are all vanities . the scriptures tell vs , that paradise and the garden of eden therein , was a certaine place vpon the earth , which god chose out to set adam into , and hauing thereafter for his sinne banished him from the same , it is a blasphemy to thinke that any of adams posteritie came euer there againe . for in adam were all his posteritie accursed , and banished from the earthly paradise : like as all the earth in generall , and paradise in speciall were accursed in him ; the second adam hauing by grace , called a certaine number of them to bee coheritors with him of the heauenly paradise and ierusalem . and doubtlesly , the earthly paradise was d●faced at the flood , if not before : and so lost all that exquisite fertility and pleasantnes , wherein it once surpassed all the rest of the earth . and that it should be lifted vp in the aire , is like one of the dreames of the alcoran . surely no such miracle is mentioned in the scriptures , and hath no ground but from the curious fancies of some boyling braines , who cannot be content , sapere ad sobrietatem . in heauen then for certaine are enoch and elias : for enoch ( saith the text ) walked with god and was taken vp , and elias was seene carried vp to heauen in a fiery chariot . and that they who haue beene the in-dwellers of heauen these many thousand yeeres , and are freed from the lawes of mortalitie ; that these glorious and incorruptible bodies ( i say ) shall come into the worlde againe , preach and worke miracles , and fighting against the antichrist bee slaine by him , whome naturall death could not before take hold of : as it is a fabulous inuention , so is it quite contrary to the nature of such sanctified creatures . especially i wonder , why enoch should be thought to bee one of these two witnesses for christ . for it was moses and elias that were with christ at the transfiguration , signifying the law and the prophets : which would be the fittest witnesses for conuincing of antichrist . but why they haue exempted moses , and put enochs head in the yoake , i cannot conceiue . but i haue too much laboured in the refuting of this foolish , and indeed childish fable , which i am so farre from beleeuing in any sort , as i protest in gods presence , i cannot hold any learned diuine ( in our age now ) to be a christian , that will beleeue it ; but worthy to bee ranked with the scribes & pharises , that raued and dreamed vpon the comming againe of elias , though christ told them the contrary . as for some of the ancients that mistooke this matter , i doe not censure them so hardly ; for the reason that i haue already alledged concerning them . and hauing now refuted that idle fable ; that those two witnesses were enoch and elias : it falleth mee next to guesse , what in my opinion should be meant by them . i confesse , it is farre easier to refu●e such a groundlesse fable as this is , contrary to all grounds of diuinity and reason , then to set downe a true interpretation of so high and darke a mystery . and therefore as i will not presume to binde any other man to my opinion herein , if his owne reason leads him not thereunto , so shall i propone such probable coniectures , as ( i hope ) shall be free from heresie , or vnlawfull curiosity . in two diuers fashions may the mysterie of these witnesses be lawfully and probably interpreted , in my opinion . whereof the one is , that by these two witnesses should be meant the olde and new testaments . for as the antichrist cannot chuse but bee an aduersary to the word of god , aboue all things ; so will he omit no endeuour to disgrace , corrupt , suppresse and destroy the same . and now whether this booke of the two testaments , or two witnesses of christ , haue suffered any violence by the babylonian monarchy or not , i need say nothing ; res ipsa loquitur . i will not weary you with recounting those common places vsed for disgracing it : as calling it a nose of waxe , a dead letter , a leaden rule , and a hundred such like phrases of reproch . but how far the traditions of men , and authority of the church are preferred to these witnesses , doeth sufficiently appeare in the babylonian doctrine . and if there were no more but that little booke with that pretie inscription , del ' insuffisance del ' escriture sainte , it is enough to proue it . and as to the corrupting thereof ; the corruptions of the old latine translation must not be corrected , though it bid euertere domum in stead of euerrere , for seeking of a penny ; and though it say of iohn , sic eum volo manere donec veniam , in place of si , though it bee knowen a plaine lye , and that the very next wordes of the text disprooue the same . nay , so farre must we be from correcting it , as that the vulgar translation must be preferred by catholikes , to the bible in the owne originall tongue . and is it a small corrupting of scriptures to make all , or the most part of the apocrypha of equall faith with the canonicall scriptures , contrary to the fathers opinions and decrees of ancient councels ? and what blasphemous corrupting of scripture is it , to turne dominus into domina throughout the whole psalmes ? and thus our ladies psalter was lately reprinted in paris . is not this to confound christs person with hers ? and as for suppressing of the scriptures how many hundreth yeeres were the people kept in such blindnesse , as these witnesses were almost vnknowne ? for the layicks durst not , being forbidden , and the most part of the cleargie , either would or could not meddle with them . thus were these two witnesses of christ ( whom of himselfe saith , scrutamini scripturas , illae enim testimonium perhibent de me ) these a two oliues bringing peace to all the beleeuers , euen peace of conscience : these b two candlesticks standing in the sight of god , and giuing light to the nations ; represented by candlestickes euen in the very order of the roman masse : thus were these two witnesses ( i say ) disgraced , corrupted and suppressed ( nay , so suppressed and silenced , as he was brent for an heretike that durst presume to looke vpon them ) kept close in a strange tongue that they might not be vnderstood , legends and lying woonders supplying their place in the pulpits . and so did their bodies lie in the streetes of the great citie , spiritually sodome , for spirituall fornication which is idolatrie ; spiritually egypt , for bringing the saints of god in bondage of humane traditions [ quare oneramini ritibus ? ] so did their bodies ( i say ) lie . daies and a halfe ; that is , the halfe of that spirituall weeke betweene christ his first and second comming ; and as dead carkases indeed did the scriptures then lye without a monument , being layed open to all contempt , cared for almost by none , vnderstood by as few ; nay , no man durst call for them for feare of punishment , as i haue already said . and thus lying dead , as it were , without life or vigour ( as the law of god did till it was reuiued in iosias time ) the inhabitants of the earth , that is , worldly men , reioyced and sent gifts to other , for ioy that their fleshly libertie was now no more awed , nor curbed by that two edged sword : for they were now sure , that to doe what they would , their purse would procure them pardons from babylon . omnia vaenalia romae ; so as men needed no more to looke vp to heauen , but downe in their purses to finde pardons . nay , what needed any more suing to heauen , or taking it by violence and feruencie of zeale ; when the pardons came and offered themselues at euery mans doores ? and diuers spirituall men vaunted themselues , that they neither vnderstood olde testament nor new . thus were these two witnesses vsed in the second halfe of this spirituall weeke ; who in the first halfe thereof were clad in sackecloth ; that is , preached repentance to all nations , for the space of fiue or sixe hundreth yeeres after christ : god making his word or witnesse so triumph , riding vpon the white horse in the time of the primitiue church , as that they ouercame all that opposed themselues vnto it , beating downe euery high thing , as paul sayth ; excluding from heauē all that beleeue not therein : as strongly with the spirituall fire thereof , conuincing the stiffenecked pride of vnbeleeuers , as euer moses or elias did , by the plagues of egypt and famine , conuince the rebellious egyptians and stiffe-necked israelites . neither shall it be enough to disgrace , corrupt and suppresse them ; but killed must they be at the last . to which purpose commeth forth a censura generalis , vt mucrone censorio iugulare eas possit ; and cutteth their throates indeed . for the authour ordaineth all translations , but their owne , to be burnt , which is yet commonly practised : nay he professeth , he commeth not to correct but to destroy them , controlling and calling euery place of scripture hereticall , that disagreeth front their traditions ( with almost as many foule wordes and railing epithetes , as the cardinal bestoweth on my apologie ) not ruling , nor interpreting scripture by scripture , but making their traditions to be such a touchstone for it , as he condemneth of heresie not only those places of scripture that he citeth , but layeth the same generall condemnation vpon all other the like places wheresoeuer they be writin the scriptures . and yet ( praised bee god ) we beginne now with our eyes , as our predecessors haue done in some ages before , to see these witnesses rise againe , and shine in their former glory : god , as it were , setting them vp againe vpon their feete , and raising them to the heauens in a triumphall cloud of glory , like elias his fiery chariot . which exalting of the gospel againe , hath bred such an earthquake and alteration amongst many nations ; as a tenth part , or a good portion of these that were in subiection to that great citie , to wit , babylon , are fallen from her ; seuen thousand , that is , many thousands hauing beene killed vpon the occasion of that great alteration ; and many others conuerted to the feare of god , and giuing glory to the god of heauen . this now is one of the wayes , by which ( i thinke ) this place of scripture may be lawfully and probably interpreted . the other is more common , and seemeth more literally to agree with the text. and this is to interpret , not the word of god , but the preachers thereof to bee meant by these witnesses . few they were that first beganne to reueale the man of sinne , and discouer his corruptions ; and therefore well described by the number of two witnesses : nam in ore duorum aut trium testiū stabit omne verbum . and in no greater number were they that begun this worke , then the greatnesse of the errand did necessarily require , they prophecied in sackcloth , for they preached repentance . that diuers of them were put to cruell deaths , is notorious to the world· and likewise that ( in the persons of their successours in doctrine ) a they rose againe ; and that in such power and efficacie , as is more then miraculous . for where it is accounted in the scriptures a miraculous work of god wrought by his holy spirit , when the apostle s. peter conuerted about three thousand in one day ; these witnesses i speake of , by the force of the same spirit , conuerted many mighty nations in few yeeres : who still continue praising god , that he hath deliuered vs from the tyranny of antichrist that raigneth ouer that great citie ; and with a full crie proclaiming , goe out of her my people , lest ye be partaker of her sinnes and of her plagues . let therefore these miracle-mongers that surfet the world , and raise the prise of paper daily , with setting foorth olde , though new gilded miracles and legends of lies ; 〈◊〉 such ( i say ) consider of this great and wonderfull miracle indeede , and to their shame compare it with their paultry wares . thus hauing in two fashions deliuered my coniecture , what i take to be meant by these two witnesses in the xj of the apocalyps , there being no great difference between them : in the one , taking it to bee the word of god it selfe ; in the other , the word of god too , but in the mouthes of his preachers : it resteth nowe that i come to the third point of the description of antichrist , which is anent his person . that by the whoore of babylon that rideth vpon the beast , is meant a seat of an empire , and a successiue number of men sitting thereupon , and not any one man ; doeth well appeare by the forme of the description of the antichrist throughout all the sayd booke . for in the last verse of the xvij . chapter the woman is expounded to bee , that great citie that reigneth ouer the kings of the earth ; which cannot signifie the only person of one man , but a successiue number of men ( as i haue already saide ) whose seat that great city must be : like as in the same chapter , the seuen heads of the beast are two wayes expounded . first , they are called seuen hils , which is plaine ; and next they are called seuen kings , which cannot bee meant by the kings that shall giue their power to the beast , and bee subiect vnto her , which is immediately after expressed by the tenne hornes : but rather appeareth to be those seuen formes of gouernment of that seat : fiue of which had already been and fallen ; as kings , consuls , dictators , decemuiri , and tribuni militum . the sixt was in the time of s. iohn his writing of this booke , which was the gouernment of the emperours . the seuenth which was not yet come , and was to last but for a short space , was the a ecclesiasticall gouernment by bishops , which was to come vpon the translation of the empire from rome to constantinople ; though their gouernment was in a maner substitute to the emperours . for though that forme of gouernment lasted about the space of . yeeres ; yet was it but short in comparison of the long time of the reigne of the antichrist ( not yet expired ) which succeeded immediatly thereunto . and the eighth , which is the beast that was and is not , and is to goe to perdition , is the antichrist : the eighth forme of gouernement indeed by his absolutenesse , and yet the seuenth , because hee seemeth but to succeed to the bishops in an ecclesiasticall forme of gouernement , though by his greatnes hee shall make babylons empire in glory , like to that magnificence wherein that great citie triumphed , when it most flourished : which in s. iohns time was much decayed , by the factions of the great men , the mutinies of the armies , and the vnworthinesse of the emperours . and so that flourishing state of that great citie or beast , which it was in before s. iohns time , and being much a decayed was but in a maner in his time , should bee restored vnto it againe by antichrist : who as he ascendteh out of the botomlesse pit , so must hee goe to destruction . and likewise by that great lamentation that is made for the destruction of babylon in the xvij . chapter , both by the kings and by the merchants of the earth ; where it is thrice repeated for aggrauating the pitie of her desolation , that that great citie fell in an houre : by that great lamentation ( i say ) it well appeareth , that the raigne of antichrist must continue longer then three yeeres and a halfe , or any one mans time . for the kings that had committed fornification with her , & in delicijs vixerant ; behoued to haue had a longer time for contracting of that great acquaintance : and the merchants of the earth set her foorth and describe her at great length , as the very staple of all their riches ; which could not bee so soone gathered as in one mans time . and to conclude now this description of the antichrist ; i will set downe vnto you all that is spoken of him in the apocalyps in a short methode , for the further explaining of these three points that i haue already handled . the antichrist is foure times ( in my opinion ) described by iohn in the apocalyps , in foure sundrie visions ; and a short compendium of him repeated againe in the xx . chapter . he is first described by a pale horse in the vision of the seales in the sixt chapter . for after that christ had triumphed vpon a white horse in the first seale , by the propagation of the gospel ; and that the red horse in the second seale , is as busie in persecution , as christ is in ouercomming by the constancie of his martyrs ; and that famine and other plagues signified by the blacke horse in the third seale , haue succeeded to these former persecutions : then commeth foorth the antichrist vpon a pale horse in the fourth seale , hauing death for his rider , and hell for his conuoy ; which rider fitted well his colour of palenesse : and he had power giuen a him ouer the fourth part of the earth ( which is europe ) to kill with the sword and vse great persecution ; as ethnick rome did , figured by the red horse : and to kill vvith spirituall hunger or famine of the true word of god ; as the blacke horse did by corporall famine and with death , whereby spirituall death is meant . for the antichrist , signified by this pale horse , shall afflict the church both by persecution and temporall death ; as also by alluring the nations to idolatry , and so to spirituall death : and by the beasts of the earth shall hee procure their spirituall death ; for hee shall send out the locusts ( ouer whom he is king ) mentioned in the ninth chapter of this booke ; and the three frogges , mentioned in the xvj . of the same ; for intising of all kings and nations to drinke of the cup of her abominations . that that decription now of antichrist endeth there , it is more then plaine : for at the opening of the first seale , the soules and blood of the murthered saints cry for vengeance and hasting of iudgement ; which in the sixt seale is graunted vnto them by christs comming at the latter day ; signified by heauens departing away , like a scrol when it is rolled : with a number of other sentences to the same purpose . but because this might seeme a short and obscure description of the antichrist ; hee describeth him much more largely & specifikely , especially in the vision of the trumpets in the ninth chapter . for there hee saith , at the blowing of the fift trumpet , heresies being first spread abroad in three of the four former blasts ; to wit , in the first , third , and fourth blast ( for i take temporall perecution to be onely signified by the second blast ) hee then saw a starre fall from heauen , to whom was giuen the key of the bottomlesse pit ; which being opened by him , with the smoke thereof came foorth a number of locusts , whom he largely describeth , both by their craft and their strength ; and then telleth the name of this their king , who brought them out of the bottomlesse pit , which is , destroyer : by this starre fallen from heauen , being signified , as i take it , some person of great dignitie in the church , whose duetie being to giue light to the world ( as christ saith ) doeth contrary thereunto fall away like lucifer , and set vp a kingdome , by the sending foorth of that noisome packe of craftie cruell vermine , described by locusts : and so is the seat of the antichrist begun to bee erected , whose doctrine is at length declared in the second vvoe , after the blast of the sixt trumpet ; where it is saide , that the remnant of men which were not killed by the plagues , repented not of the works of their hands , that they should not worship deuils , and idols of golde , and of siluer , and of brasse , and of stone , and of wood , which neither can see , heare , nor goe . ( as for worshipping of deuils ; looke your great iesuited doctor , vasques : and as for all the rest , it is the maine doctrine of the romane church . ) and then it is subioyned in this text , that they repented not of their murther , their sorcerie , their fornications , nor their theft . by their murther , their persecution is meant , and bloody massacres . for their sorcery consider of their agnus dei , that will sloken fire ; of the hallowed shirts , and diuers sorts of reliques ; and also of prayers that will preserue men from the violence of shot , of fire , of sword , of thunder , and such like dangers ; and iudge , if this be not very like to sorcerie and incantation of charmes . by their fornication is meant both their spirituall fornication of idolatry , and also their corporall fornication ; which doth the more abound amongst them , as well by reason of the restraint of their churchmen from marriage , as also because of the many orders of idle monastike liues amongst them , as well for men as women : and continuall experience prooueth , that idlenesse is euer the greatest spurre to lecherie . and they are guiltie of theft , in stealing from god the titles and greatnes of power due to him , and bestowing it vpon their head , the antichrist : as also by heaping vp their treasure with their iuggling wares and merchandise of the soules of men , by iubiles , pardons , reliques and such like strong delusions . that he endeth this description of antichrist in the same ninth chapter may likewise well appeare , by the oath that that mightie angell sweareth in the sixt verse of the tenth chapter : and after the blast of the sixt trumpet , that time shall be no more , and that when the seuenth angell shall blow his trumpet , the mysterie of god shal be finished , as he had declared it to his seruants the prophets . onely in the eleuenth chapter he describeth the means whereby the antichrist was ouercome , whose raigne he had before described in the ix . chapter ; and telleth vs that the two witnesses , after that they haue beene persecuted by the antichrist shall in the end procure his destruction . and in case any should thinke , that the antichrist is onely spoken of in the xj . chapter , and that the beast spoken of in the xiij . and xvij . chapters doth onely signifie ethnicke rome ; there needeth no other refutation of that conceit , then to remember them , that the antichrist is neuer named in all that xi . chapter , but where hee is called in the seuenth verse thereof the beast that commeth foorth of the bottomles pit : which by the description of the place he commeth out of prooueth it to be the same beast which hath the same originall in the xvij . chapter , and in the very same words ▪ so as it is euer but the same antichrist repeated , and diuersly described in diuers visions . now in the xij . and xiij . chapters and so foorth till the xvij . he maketh a more large and ample propheticall description of the state of the church , and raigne of the antichrist . for in the xij . chap. he figureth the church by a woman flying from the dragon ( the deuill ) to the wildernesse ; and when the dragon seeth he cannot otherwise ouer-reach her , he speweth forth waters like floods to cary her away ; which signifieth many nations , that were let loose to persecute and vex the church . and in the xiij . chapter , out of that sea of nations that persecuted her ariseth that great citie ( queene of all the nations , and head of that persecution ) figured by a beast with seuen heads and ten hornes , like a leopard ; as well for the colour because it was full of spots , that is , defiled with corruptions ; as also vsing a bastard forme of gouernement , in shew spirituall , but in deed temporall ouer the kings of the earth ; like the leopard that is a bastard beast betwixt a lion and a parde : hauing ●eete like a beare , to signifie his great strength ; and the mouth of a lion , to shew his rauenous and cruell disposition . this beast who had his power from the dragon , and had gotten a deadly wound in one of his heads , or formes of gouernment ( by the gothes and vandals ) and yet was healed againe ; opened his mouth to blasphemies , and made warre against the saints : nay , all the world must worship him ; which worship ethnicke rome neuer craued of any , being contented to call their neighbour kings amici & socij populi romani . and whether worship or adoration , euen with that same title , hee vsed to popes at their creation , our cardinall can best tell you . but then commeth another beast vp out of the earth , hauing indeed a more firme & setled originall : for she doth visibly and outwardly succeed to the true church , and therefore she hath two hornes like the lambe , in outward shew representing the spouse of christ , and pretending christ to bee her defence : but shee speaketh like the dragon , teaching damnable and deuilish doctrine . and this apostatike ( i should say apostolike ) church , after that she hath made her great power manifest to the world , by doing all that the first beast could doe , in conspectu eius ; that is , by shewing the greatnesse of her power , to be nothing inferiour to the greatnesse of the former ethnicke empire : shee then is mooued with so great a desire to aduance this beast , now become antichrist , as shee causeth the earth and all that dwell therein , to worship this former beast or roman monarch ; transferring so , as it were , her owne power in his person . yea , euen emperours and kings shall be faine to kisse his feet . and for this purpose shall she worke great miracles , wherin she greatly prides her selfe , deceiuing men with lying wonders and efficacie of lyes , as s. paul saith . and amongst the rest of her wonders , she must bring fire out of heauen , fulmen excommunicationis , which can dethrone princes . so that all that will not worship the image of the beast , that is , his vnlimited supremacie , must be killed and burnt as heretikes . yea , so peremptory will this beast or false prophet be ( so called in the xvj . chapter of this booke ) for the aduancement of the other beast , or antichrist ; as all sorts and rankes of people must receiue the marke or name of that beast in their right hand , or in their forehead ; without the which it should bee lawfull to none to buy , or sell : by the marke in the forehead , signifying their outward profession and acknowledgement of their subiection vnto her ; and by the marke in their right hand , signifying their actuall implicite obedidience vnto her , who they thinke cannot erre , though shee should commaund them to rebell against their naturall princes ; like that coeca obediencia wherunto all the iesuits are sworne : and like those romish priests in this countrey , that haue renounced and forsworne againe that oath of alleagiance ; grounded vpon their naturall oath ; which thought at their taking it , they confessed they did it out of conscience , and as obliged thereunto by their naturall duetie ; yet now must they forsweare it againe , for obedience to the popes command ; to whose will their conscience and reason must be blindly captiuated . and who euer denied this absolute power , might neither buy nor sell ; for no man was bound to keepe any faith , or obserue any ciuill contracts with heretikes : yea , to aequiuocate and commit periurie towards them , is a lawfull thing in a catholike . now as to the mystery anent the number of his name , whether it shal be vnderstood by the number composed of the letters in that greeke word ΛΑΤΕΙΝΟΣ , which word well sutes with the romish church , romish faith , and latine seruice . or whether , in respect that in the text , it is called the number of the man , ye will take it for the number or date of the yeere of god , wherein that first man liued , that first tooke the title of the antichrist vpon him , i leaue it to the readers choise . by that first man , i meane bonifacius tertius , who first called himselfe vniuersall bishop , which s. gregorie that liued till within three yeeres of his time , a foretold would be the style of the antichrist , or his praecursor : for though he died threescore yeeres before the . of christ , yet was that title but fully setled vpon his successors , sixtie yeeres after his time . or if yee list to count it from pompey his spoiling of the temple , to this same mans time ; it will goe very neere to make iust vp the said number . now the raigne of the antichrist being thus prophetically described in the xiij . chapter ; his fall is prophecied in the xiiij . first by the ioyfull and triumphall new song of the saints in heauen : and next by the proclamation of three angels ; whereof the first hauing an euerlasting gospel in his hand to preach to all nations ( the true armour indeed wherewith the witnesses fought against the antichrist ; ) this first angel , i say , proclaimed feare and glory to god , since the houre of his iudgement was come . and the second proclaimed the fall of babylon , which is the destruction of the antichrist . and the third prohibited vnder great paines , euen the paine of eternall damnation , that none should worship the beast , or receiue his marke . but though that in the rest of this chapter the latter day be againe prophecied , as a thing that shall come shortly after the reuealing of the man of sinne ; yet in the xv . chap. he telleth of seuen plagues , vnder the name of vials , that shall first fall vpon the antichrist and his kingdome : which , being particularly set downe in the xvj . chapter , hereckoneth amongst the rest . in the fifth vial , the plague of darkenesse ; yea , such darkenesse as the kingdome of antichrist shall bee obscured : whereby at the powring foorth of the sixt vial , the way of the kings of the east shal be prepared ; the man of sinne being begun to be reuealed , and so all impediments remooued that might let the inuasion of that monarchie : euen as that great riuer euphrates that runneth by the literall babylon . guarded it from the kings of the east , the medes and persians , the time of the babylonian monarchie , til by the drying thereof , or vnexspected passage made through it by cyrus , babylon was wonne , and baltasar destroyed , and his monarchie ouerthrowne : euen while hee was sitting in that literall babylon , corporally drunken and quaffing in the vessels ordained for gods seruice ; and so sitting as it were in the temple of god , and abusing the holy mysteries thereof . for remedy whereof , at the powring forth of the sixt vial , three vnclean spirits , like frogs , shall then come foorth out of the mouth of the dragon , that beast , and of the false prophet ; which i take to be as much to say , as that how soone as the kingdome of antichrist shalb● so obscured , with such a grosse and a palpable ignorance , as learning shall be almost lost out of the world , and that few of the very priests themselues shall bee able to read latine , much lesse to vnderstand it ; and so a plaine way made for the destruction of babylon : then shall a new sect of spirits arise for the defence of that falling throne , called three in number , by reason of their three-folde direction ; beeing raised and inspired by the dragon sathan , authorized and maintained by the beast the antichrist , and instructed by the false prophet the apostatike church , that hath the hornes like the lambe , but speaketh like the dragon . these spirits indeed , thus sent forth by this three-folde authoritie for the defence of their triple crowned monarch , are well likened to frogs ; for they are amphibions , and can liue in either element earth or water : for though they be church-men by profession , yet can they vse the trade of politike statesmen ; going to the kings of the earth , to gather them to the battell of that great day of god almightie . what massacres haue by their perswasions beene wrought through many parts of christendome , and how euill ▪ kings haue sped that haue beene counselled by them , all the vnpartiall histories of our time doe beare record . and whatsoeuer king or state will not receiue them , and follow their aduise , rooted out must that king or state be , euen with gunpowder ere it faile . and these frogs had reason indeed to labor to become learned , thereby to dissipate that grosse mist of ignorance , wherewith the reigne of antichrist was plagued before their comming foorth . then doeth this chapter conclude with the last plague that is poured out of the seuenth viall vpon the antichrist , which is the day of iudgement : for then babylon ( saith he ) came in remembrance before god. but in the xvij chapter is the former vision interpreted and expounded ; and there is the antichrist represented by a woman , sitting vpon that many-headed beast ; because as christ his true spouse and church is represented by a woman in the xij . chap. so here is the head of his adulterous spouse or false church represented also by a woman , but hauing a cup ful of abominations in her hand ; as her selfe is called a whoore for her spirituall adultery , hauing seduced the kings of the earth to bee partakers of her spirituall fornication : and yet wonderfull gorgious and glorious was shee in outward shew ; but drunken with the blood of the saints , by a violent persecution of them . and that she may the better be knowen , he writeth her name vpon her forehead agreeable to her qualities : a mystery , that great babylon , that mother of whoredomes and abominations of the earth . a mystery is a name that belongeth vnto her two maner of wayes : one , as she taketh it to her selfe ; another , as she deserueth it indeed . to her selfe she taketh it , in calling herselfe the visible head of the mystical bodie of christ , in professing her selfe to bee the dispenser of the mysteries of god , and by her onely must they bee expounded : this great god in earth and head of the faith , being a mystes by his profession ; that is , a priest . and if the obseruation of one be true , that hee had of olde the word mystery written on his myter ; then is this prophecie very plainely accomplished . now that indeede shee deserues that name the rest of her title doeth beare witnesse , that sheweth her to be the mother of all the whoredomes and abominations of the earth : and so is she vnder the pretext of holinesse , a mystery indeed of all iniquitie and abominations ; vnder the marke of pretended feeding of soules , deuouring kingdomes , and making christendome swimme in blood . now after that this scarlet or bloody beast and her rider are described , by their shape , garments , name and qualities : the angel doth next interpret this vision vnto iohn , expounding vnto him what is signified both by the beast and her rider ; telling him , the seuen heads of the beast are seuen hils , meaning by the situation of that citie or seat of empire ; and that they are also seuen kings or formes of gouernement in the said citie , whereof i haue told my conceit already . as for the tenne hornes , which hee sheweth to be tenne kings , that shall at one houre receiue their power and kingdome with the beast , i take that number of ten to be numerus certus pro incerto , euen as the number of seuen heads and ten hornes vpon the dragon the deuill , cannot but bee an vncertaine number . and that he also imitates in those ten hornes , the ten hornes of the seuen headed beast in the seuenth of daniel : and therefore i take these ten kings to signifie , all the christian kings , and free princes and states in generall , euen you whome to i consecrate these my labors , and that of vs all he prophecieth , that although our first becomming absolute and free princes should bee in one houre with the beast ( for great christian kingdomes and monarches did but rise , and receiue their libertie by the ruines of the ethnicke romane empire , and at the destruction thereof ) and at the very time of the beginning of the planting of the antichrist there ; and that wee should for a long time continue to worship the beast , hauing one catholike or common consenting minde in obeying her , yelding our power and authoritie vnto her , and kissing her feet , drinking with her in her cup of idolatrie , and fighting with the lambe , in the persecution of his saints , at her command that gouerneth so many nations and people : yet notwithstanding of all this , wee shall in the time appointed by god , hauing thus fought with the lambe , but being ouercome by him , that is , conuerted by his word ; wee shall then ( i say ) hate the whore , and make her desolate , and make her naked , by discouering her hypocrisie and false pretence of zeale ; and shall eate her flesh , and burne her with fire . and thus shal the way of the kings of the east be prepared , as yee heard in the xvj . chapter . and then doth hee subioyne the reason of this strange change in vs : for ( saith hee ) god hath put it in their hearts to fulfill his will , and with one consent to giue their kingdomes to the beast , till the words of god be fulfilled , according to that sentence of salomon ; that the hearts of kings are in the handes of god , to bee turned at his pleasure . and hauing thus interpreted the beast or empire ; he in a word expounds , that by the woman that rode vpon her , or monarch that gouerned her , was meant that great citie that raigned ouer the kings of the earth : by the seate of the empire pointing out the qualitie of the persons that should sit and domine there . then is the greatnesse of her fall , and the great lamentation that both the kings and merchants of the earth shall make for the same , proclaimed by an other angel in the xviij . chapter . the kings lamenting her fall , because they liued in pleasure with her ; which no kings could doe with ethnicke rome , who conquered them by her sword : for shee honoured them with titles , and dispensed with their lustes and vnlawfull mariages . and the merchants of the earth , and all shipmasters , and traffikers vpon the sea shall lament the fall of that great city , which neuer had a fellow , for the losse of their riches and trafficke which they inioyed by her meanes . and there hee describeth all sorts of rich wares , whereof that great city was the staple : for indeede shee hath a necessary vse for all such rich and glorious wares , as well for ornaments to her churches and princely prelates , as for garments and ornaments to her woodden saints ; for the blessed virgin must be daily clothed and decked in the newest and most curious fashion , though it should resemble the habit of a curtizane . and of all those rich wares , the most precious is last named , which is the soules of men : for so much bestowed vpon masses , and so much doted to this or that cloyster of monkes or friers , but most of all now to that irregular and incomprehensible order of iesuites ; shall both redeeme his owne soule , and all his parents to the hundreth generation , from broyling in the fire of purgatory . and ( i hope ) it is no small merchandise of soules , when men are so highly deluded by the hopes and promise of saluation , as to make a frier murther his a soueraigne ; a young knaue attempt the murther of his next b successour ; many one to conspire and attempt the like against the late queene ; and in my time , to attempt the destruction of a whole kingdome and state by a blast of powder : and heereby to play bankerupt with both the soules mentioned in the scriptures , animus & anima . but notwithstanding of this their great lamentation , they are commanded by a voice from heauen to doe two things : one , to flee from babylon , least they bee partakers of her sinnes , and consequently of her punishment . which warning i pray god that yee all , my beloued brethren and cosins , would take heede vnto in time , humbly beseeching him to open your eyes for this purpose . the other commaund is , to reward her as shee hath rewarded you ; yea , euen to the double . for as she did flie but with your feathers , borrowing as well her titles of greatnes and formes of honoring her from you ; as also enioying all her temporall liuing by your liberalities ; so if euery man doe but take his owne againe , she will stand vp * naked ; and the reason is giuen , because of her pride . for she glorifieth her selfe liuing in pleasure , and in her heart sayth , shee sitteth as a queene ( outward prosperity being one of their notes of a true church ) and is no widow ; for her spouse christ is bound to her by an inuiolable knot ( for hee hath sworn neuer to forsake her ) and she shal see no mourning : for she cannot erre , nor the gates of hell shall not preuaile against her . but though the earth and worldly men lament thus for the fall of babylon in this eighteenth chapter , yet in the nineteenth heauen and all the angels and saints therein doe sing a triumphall cantique for ioy of her fall ; praising god for the fall of that great whoore : great indeed , for our * cardinall confesseth , that it is hard to describe what the pope is , such is his greatnesse . and in the ende of that chapter is the obstinacie of that whoore described , who euen fought to the vttermost against him that sate on the white horse , and his armie , till the beast or antichrist was taken , and the false prophet , or false church with him , who by myracles , and lying wonders deceiued them that receiued the marke of the beast ; and both were casten quicke into the burning lake of fire and brimstone ; vnde null redemptio . like as in the ende of the former chapter , to describe the fulnesse of the antichristes fall ( not like to that reparable wound that ethnicke rome gate ) it is first compared to a milstone cast in the sea , that can neuer rise and fleete againe : and next it is expressed by a number of ioyfull things that shall neuer be heard there againe , where nothing shall inhabite but desolation . but that the patience and constancy of saints on earth , and god his elected may the better be strengthened and confirmed ; their persecution in the latter dayes , is shortly prophesied and repeated againe , after that satan hath beene bound , or his furie restrained , by the worlds inioying of peace for a thousand yeeres , or a great indefinite time ; their persecutors being named gog and magog , the secret and reuealed enemies of christ . whether this be meant of the pope and the turke , or not ; ( who both began to rise to their greatnesse about one time ) i leaue to be guessed ; alwayes their vtter confusion is there assuredly promised : and it is said ; that the dragon , the beast , and the false prophet , shall all three bee cast in that lake of fire and brimstone , to be tormented for euer . and thereafter is the latter day described againe ( which must be hastened for the elects sake ) and then for the further comfort of the elect , and that they may the more constantly and patiently indure these temporall and finite troubles , limited but to a short space ; in the last two chapters are the ioyes of the eternall ierusalem largely described . thus hath the cardinals shamelesse wresting of those two places of scripture , pasce oues meas , and tibi dabo claues , for proouing of the popes supreme temporall authoritie ouer princes ; animated me to prooue the pope to be the antichrist , out of this foresaid booke of scripture ; so to pay him in his owne money againe . and this opinion no pope can euer make me to recant ; except they first renounce any further medling with princes , in any thing belonging to their temporall iurisdiction . and my only wish shal be , that if any man shall haue a fancie to refute this my coniecture of the antichrist ; that he answere mee orderly to euery point of my discourse : not contenting him to disproue my opinion , except hee set downe some other methode after his forme for interpretation of that booke of the apocalyps , which may not contradict no part of the text , nor containe no absurdities . otherwise , it is an easie thing for momus to picke quarrels in another mans tale , and tell it worse himselfe ; it being a more easie practise to finde faults , then to amend them . hauing now made this digression anent the antichrist , which i am sure i can better fasten vpon the pope , then bellarmine can doe his pretended temporall superioritie ouer kings : i will returne againe to speake of this answerer ; who ( as i haue alreadie told you ) so fitteth his matter with his maner of answering , that as his style is nothing but a satyre and heape full of iniurious and reprochfull speeches , as well against my person , as my booke ; so is his matter as full of lyes and falsities indeed , as he vniustly layeth to my charge . for three lyes hee maketh against the oath of allegiance , contained and maintained in my booke : besides that ordinary repeated lye against my book ; of his omitting to answere my lyes , trattles , iniurious speeches and blasphemies . one grosse lye hee maketh euen of the popes first breue . one lye of the puritanes , whom he would gladly haue to bee of his partie . and one also of the powder-traitors , anent the occasion that moued them to vndertake that treasonable practise . three lies he makes of that acte of parliament wherein this oath of allegiance is contained . he also maketh one notable lye against his owne catholike writers . and two , of the causes for which two iesuites haue bene put to death in england . and hee either falsifies , denies or wrests fiue sundry histories and a printed pamphlet : besides that impudent lye that he maketh of my person ; that i was a puritane in scotland , which i haue alreadie refuted . and for the better filling vp of his booke with such good stuffe ; he hath also fiue so strange and new principles of diuinitie therein , as they are either new , or at least allowed by very few of his owne religion . all which lyes , with diuers others , and fiue strange , and ( as i thinke ) erroneous points of doctrine , with s●n dry falsifications of hystories ; are set downe in a table by themselues in the end of this my epistle , hauing their refutation annexed to euery one of them . but as for the particular answering of his booke ; it is both vnnecessarie and vncomely for me to make a reply . vnnecessarie , because ( as i haue alreadie told you ) my booke is neuer yet answered so farre as belongeth to the maine question anent the oath of allegiance : the picking of aduantage vpon the wrong placing of the figures in the citations , or such errors in the print by casuall addition , or omission of words that make nothing to the argument ; being the greatest weapons wherewith hee assaults my booke . and vncomely it must needs be ( in my opinion ) for a king to fall in altercation with a cardinall , at least with one no more nobly descend●d then he is : that ecclesiasticall dignitie , though by the sloath of princes ( as i said before ) it bee now come to that height of vsurped honour , yet being in the true originall and foundation thereof nothing else , but the title of the priestes and deacons of the parish churches in the towne of rome ; at the first , the style of cardinals beeing generally giuen to all priestes and deacons of any cathedrall church , though the multitude of such cardinall priests and deacons resorting to rome , was the cause that after bred the restraining of that title of cardinall priests and deacons , onely to the parish priests and deacons of rome . and since that it is s. gregorie , who in his epistles sixe hundreth yeares after christ , maketh the first mention of cardinals ( and so these now electours of the apostolike sea , beeing long and many hundreth yeers vnknowen or vnheard of , after the apostol●ke age ; and yet doth he speake of them but in this sense , as i haue now described ) i hope the cardinall , who calleth him the apostle of england , cannot blame me that am king thereof , to acknowledge the cardinall in no other degree of honour , then our said apostle did . but how they should now become to be so strangely exalted aboue their first originall institution , that from parish-priests and deacons ( priests inferiours ) they should now come to be princes and peeres to kings : and from a degree vnder bishops ( as both a bellarmine and b onuphrius confesse ( to be now the popes sole electors , su●plying with him the place of a general counsel ; whereby the conuening of generall councels is now vtterly antiquated and abolished ; nay , out of their number onely , the pope to be elected ; who claimeth the absolute superiority ouer all kings : how this their strange vsurped exaltation ( i say ) should thus creepe in and be suffered , it belongeth all them in our place and calling to look vnto it ; who being god his lieute●āts in earth , haue good reason to be iealous of such vpstart princes , meane in their originall , come to that height by their owne creation , and now accounting themselues kings fellowes . but the speciall harme they do vs , is by their defrauding vs of our common & christian interest in generall councels ; they hauing ( as i sayd ) vtterly abolished the same , by rowling it vp and making as it were a monopoly thereof , in their conclaue with the pope . whereas , if euer there were a possibilitie to bee expected of reducing all christians to an vniformitie of religion , it must come by the meanes of a generall councell : the place of their meeting beeing chosen so indifferēt , as all christian princes , either in their owne persons , or their deputie commissioners , and all church men of christian profession that beleeue and professe all the ancient grounds of the true , ancient , catholike and apostolike faith , might haue tutum accessum thereunto ; all the incendiaries and nouelist fire-brands on either side beeing debarred from the same , as well iesuites as puritanes . and therefore hauing resolued not to paine my selfe with making a reply for these reasons here specified , grounded as well vpon the consideration of the matter , as of the person of the answerer ; i haue thought good to content my selfe with the reprinting of my apologie : hauing in a maner corrected nothing but the copiers or printers faults therein , and prefixed this my epistle of dedication and warning therunto ; that i may yet see , if any thing will be iustly said against it : not doubting but enow of my subiects will reply vpon these libellers , and answere them sufficiently ; wishing yov deepely to consider , and weigh your common interest in this cause . for neither in all my apologie , nor in his pretended refutation thereof , is there any question made anent the popes power ouer mee in particular , for the excommunicating or deposing of me . for in my particular ; the cardinall doeth me that grace , that he saith , the pope thought it not expedient at this time to excommunicate me by name ; our question beeing onely generall , whether the pope may lawefully pretend any temporall power ouer kings , or no ? that no church men can by his rule be subiect to any temporall prince , i haue already shewed you ; and what obedience any of you may looke for of any of them de facto , he plainly forewarneth you of , by the example of gregorie the great his obedience to the emperor mauritius : not beeing ashamed to slaunder that great personages christian humilitie and obedience to the emperour , with the title of a constrained and forced obedience , because hee might , or durst doe no otherwise . whereby he not onely wrongs the said gregorie in particular , but euen doeth by that meanes lay on an heauie slaunder and reproach vpon the christian humilitie and patience of the whole primitiue church , especially in the time of persecution : if the whole glorie of their martyrdome and christian patience shall be thus blotted with that vile glosse of their coacted and constrained suffering , because they could or durst do no otherwise ; like the patience and obedience of the iewes or turkish slaues in our time cleane contrary to s. paul and s. pe●●rs doctrine of obedience for conscience sake ; and as contrarie to tertullians apologie for christians , and all the protestations of the ancient fathers in that case . but it was good lucke for the ancient christians in the dayes of ethnicke emperors , that this prophane & new conceit was yet vnknowen among them : otherwise they would haue bin vtterly destroyed and rooted out in that time , and no man to haue pitied them , as most dangerous members in a common-wealth , who would no longer bee obedient , then till they were furnished with sufficient abilitie and power to resist and rebell . thus may ye see , how vpon the one part our cardinall will haue all kings and monarchs to be the popes vassals ; and yet will not on the other side , allow the meanest of the pope his vassals , to be subiect to any christian prince . but he not thinking it enough to make the pope our superior , hath in a late treatise of his ( called the recognition of his bookes of controuersies ) made the people and subiects of euery one of vs , our superiors . for hauing taken occasion to reuisite againe his bookes of controuersies and to correct or explaine what he findeth amisse or mistaketh in them ; in imitation of s. augustine his retractions ( for so hee saith in his preface ) he doth in place of retracting any of his former errours , or any matter of substance ; not retract , but recant indeed , i meane sing ouer againe , and obstinatly confirme a number of the grossest of them . among the which , the exempting of all church-men from subiection to any temporall prince , and the setting vp not onely of the pope , but euen of the people aboue their naturall king ; are two of his maine points . as for the exemption of the clerickes ; he is so greedy there to proue that point , as he denieth caesar to haue beene pauls lawfull iudge : contrary to the expresse text , and pauls plain appellation , and acknowledging him his iudge ; besides his many times claiming to the roman priuiledges , and auowing himselfe a roman by freedome ; and therefore of necessitie a subiect to the roman emperour . but it is a wonder that these roman catholikes , who vaunt themselues of the ancientie both of their doctrine and church , and reproch vs so bitterly of our nouelties , should not bee ashamed to make such a new inept glosse as this vpon s. pauls text ; which as it is directly contrary to the apostles wordes , so is it without any warrant , either of any ancient councell , or of so much as any one particular father that euer interpre●s that place in this sort : neither was it euer doubted by any christian in the primitiue church , that the apostles , or any other degree of christians , were subiect to the emperour . and as for the setting vp of the people aboue their owne naturall king , hee bringeth in that principle of sedition , that he may thereby proue , that kings haue not their power and authoritie immediatly from god , as the pope hath his : for euery king ( saith he ) is made and chosen by his people ; nay , they do but so transferre their power in the kings person , as they doe notwithstanding retaine their habituall power in their owne hands , which vpon certaine ocasions they may actually take to themselues againe . this , i am sure , is an excellent ground in diuini●●e for all r●bels and rebellious people , who are hereby allowed to rebell against their princes ; and assume libertie vnto themselues , when in their discretions they shall thinke it conuenient . and amongst his other testimonies for probation , that all kings are made and created by the people ; hee alledgeth the creation of three kings in the scripture , saul , dauid & ieroboam ; and though he be compelled by the expresse words of the text , to confesse , that god by his prophet samuel anointed both a saul and b dauid ; yet will he , by the post-consent of the people , proue that those kings were not immediatly made by god , but mediatly by the people ; though he repeat thrise that word of lott , by the casting whereof hee confesseth that saul was chosen . and if the election by lott be not an immediate election from god ; then was not matthias , who was so chosen and made an apostle , immediatly chosen by god : and consequently , hee that sitteth in the apostolike sea cannot for shame claim to be immediatly chosen by god , if matthias ( that was one of the twelue apostles , supplying iudas his place ) was not so chosen . but as it were a blasphemous impietie , to doubt that matthias was immediatly chosen by god , and yet was hee chosen by the casting of lots , as saul was : so is it well enough knowen to some of you ( my louing brethren ) by what holy spirit or casting of lots the popes vse to bee elected ; the colledge of cardinals , his electors , hauing beene diuided in two mighty factions euer since long before my time ; and in place of casting of lotts , great fat pensions beeing cast into some of their greedy mouthes for the election of the pope , according to the partiall humours of princes . but i doe most of all wonder at the weaknesse of his memorie : for in this place hee maketh the post consent of the people to bee the thing that made both these kings , notwithstanding of their preceding inauguration and anoyntment by the prophet at gods commandement ; forgetting that in the beginning of this same little booke of his , answering one that alledgeth a sentence of s. cyprian , to prooue that the bishops were iudged by the people in cyprians time , hee there confesseth , that by these words , the consent of the people to the bishops election must be onely vnderstood . nor will he there any wayes be mooued to graunt , that the peoples power , in consenting to or refusing the election of a bishop ; should be so vnderstood , as that therby they haue power to elect bishops : and yet do these words of cyprian seeme to be farre stronger for granting the peoples power to elect church-men , then any words that hee alledgeth out of the scripture are for the peoples power in electing a king. for the very words of cyprian by himselfe there cited are , that the very people haue principally the power , either to chuse such priests as are worthy , or to refuse such as are vnworthy : and , i hope , he can neuer proue by the scripture , that it had been lawfull to the people of israel , or that it was left in their choise , to haue admitted or refused saul or dauid at their pleasure , after that the prophet had anointed them , and presented them vnto them . thus ye see how little he careth ( euen in so little a volume ) to contradict himselfe , so it may make for his purpose ; making the consent of the people to signifie their power of election in the making of kings , though in the making of bishops , by the peoples cōsent , their approbauen of a deede done by others must onely bee vnderstood . and as for his example of ieroboams election to be king , hee knoweth well enough , that ieroboam was made king in a popular mutinous tumult and rebellion ; onely permitted by god , and that in his wrath , both against these two kings and their people . but if he will needs helpe himselfe against all rules of diuinity , with such an extraordinary example for proofe of a generall rule ; why is it not as lawfull for vs kings to oppose hereunto the example of iehu his inauguration to the kingdome ; who vpon the prophets priuat anointment of him , and that in most secret maner , tooke presently the kings office vpon him , without euer crauing any sort of approbation from the people ? and thus may ye now clearely see , how deepe the claime of the babylonian monarch toucheth vs in all our common interest : for ( as i haue already tolde ) the pope , nor any of his vassals , i meane church-men , must be subiect to no kings nor princes : and yet all kings and their vassals must not onely be subiect to the pope , but euen to their own people . and now , what a large liberty is by this doctrine left to churchmen , to hatch or foster any treasonable attempts against princes , i leaue it to your considerations , since doe what they will , they are accountable to none of vs : nay , all their treasonable practises must bee accounted workes of pietie , and they ( being iustly punished for the same ) must be presently inrolled in the list of martyrs and saints ; like as our new printed martyrologie hath put garnet and ouldcorne in the register of english martyrs abroad , that were hanged at home for treason against the crown and whole state of england : so as i may iustly with isaiah , pronounce a woe to them that speake good of euill , and euill of good ; which put light for darkenesse , and darknesse for light ; which iustifie the wicked for a reward , & take away the righteousnes of the righteous from him . for euen as in the time of the greatest blindnesse in popery , though a man should find his wife or his daughter lying a bed in her confessors armes ; yet was it not lawfull for him so much as to suspect that the frier ahadny errand there , but to confesse and instruct her : euen so , though iesuites practising in treason bee sufficiently verified , and that themselues cannot but confesse it ; yet must they bee accounted to suffer martyrdome for the faith , and their blood work miracles , and frame a stramineum argumentum vpon strawes ; when their heads are standing aloft , withered by the sunne and the winde , a publike spectacle for the eternall commemoration of their treacherie . yea , one of the reasons , that is giuen in the printers epistle of the colonian edition of the cardinal or his chaplains pamphlet , why he doth the more willingly print it , is ; because that the innocencie of that most holy and constant man henry garnet , is declared and set forth in that booke ; against whom , some ( he knew not who ) had scattered a false rumour of his guiltinesse of the english treason . but , lord , what an impudencie or wilfull ignorance is this , that he , who was so publikely and solemnely conuicted and executed , vpon his own so cleare , vnforced and often repeated confession , of his knowledge and concealing of that horrible treason , should now be said to haue a certaine rumor spred vpon him of his guiltinesse , by i know not who ? with so many attributes of godlinesse , constancie and innocencie bestowed vpon him , as if publike sentences and executions of iustice , were rumors of i know not who . indeed , i must confesse , the booke it selfe sheweth a great affection to performe , what is thus promised in the preface thereof : for in two or three places therin , is there most honorable lying mention made of that straw saint ; wherein , though he confesse that garnet was vpon the foreknowledge of the powder-treason , yet in regarde it was ( as he saith ) only vnder the seale of confession , he sticketh not to praise him for his concealing thereof , and would gladly giue him the crowne of glory for the same : not being ashamed to proclaime it as a principal head of catholique doctrine ; that the secret of sacramental con●ession ought not to be reuealed , not for the eschewing of whatsoeuer euil . but how damnable this doctrine is , and how dangerously pre●udiciall to all princes & states ; i leaue it to you to iudge , whom all it most highly concerneth . for although it he true , that when the schoolemen came to be doctors in the church , and to marre the old grounds in diuinitie by sowing in amongst them their philosophicall distinctions : though they ( i say ) do maintain , that wha●soeeuer thing is told a confessor vnder the vaile of confession , how dangerous soeuer the matter bee , yet he is bound to conceale the parties name : yet doe none of them , i meane of the olde schoolemen , deny , that if a matter bee reuealed vnto them , the concealing whereof may breed a great or publike danger ; but that in that case the confessor may disclose the matter , though not the person , and by some indirect means make it come to light , that the danger thereof may bee preuented . but that no treason nor diuelish plot , though it should tend to the ruine or exterminion of a whole kingdome , must be reuealed , if it bee told vnder confession ; no not the matter so far indirectly disclosed , as may giue occasion for preuenting the danger thereof : though it agree with the conceit of some three or foure new iesuited doctors , it is such a new and dangerous head of doctrine , as no king nor state can liue in securitie where that position is maintained . and now , that i may as well prooue him a lyar in facto , in his narration of this particular hystory ; as i haue shewed him to be in iure , by this his damnable and false ground in diuinity : i wil truly informe you of garnets case , which is far otherwise then this answerer alleageth . for first , it can neuer bee accounted a thing vnder confession , which he that reueals it doth not discouer with a remorse , accounting it a sin whereof he repenteth him ; but by the contrary , discouers it as a good motion , and is therein not dissuaded by his confessor , nor any penance enioyned him for the same : and in this forme was this treason reuealed to garnet , as himselfe confessed . and next , though he stood long vpon it , that it was reuealed vnto him vnder the vaile of confession , in respect it was done in that time , while as the partie was making his confession vnto him ; yet at the last he did freely confesse , that the party reuealed it vnto him as they were walking , and not in the time of confession : but ( hee said ) hee deliuered it vnto him vnder the greatest seale that might be , and so he tooke that he meant by the seale of confession ; and it had ( as he thought ) a relation to confession , in regard that he was that parties confessor , & had taken his confession sometimes before , and was to take it againe within few dayes thereafter . he also said , that he pretended to the partie , that he would not conceale it from his superior . and further it is to be noted , that hee confessed , that two diuers persons conferred with him anent this treason ; and that when the one of them , which was catesby , conferred with him thereupon , it was in the other parties presence and hearing : and what a confession can this be in the hearing of a third person ? and how far his last wordes ( whereof our answerer so much vaunts him ) did disproue it to haue been vnder confession , the earle of northamptons booke doth beare witnesse . now as to the other parties name , that reuealed the powder-treason vnto him , it was greenwell the iesuite , and so a iesuite reuealed to a iesuite this treasonable plot , the iesuite reuealer not shewing any remorse , and the iesuit whome to it was reuealed not so much as inioyning him any penance for the same . and that ye may knowe that more iesuites were also vpon the partie , owldcorne the other powder-martyr , after the misgiuing and discouerie of that treason , preached consolatorie doctrine to his catholike auditory ; exhorting them not to faint for the misgiuing of this enterprise , nor to thinke the worse thereof that it succeeded not ; alleadging diuers presidents of such godly enterprises that misgaue in like manner : especially , one of saint lewis king of france , who in his second iourney to the holy land , died by the way , the greatest part of his army being destroyed by the plague ; his first iourney hauing likewise misgiuen him by the soldans taking of him : exhorting them thereupon not to giue ouer , but still to hope that god would blesse their enterprise at some other time , though this did faile . thus see ye now with what boldnes and impudencie he hath belied the publikely knowen veritie in this errand , both in auowing generally that no iesuite was any waies guilty of that treason , for so he affirmeth in his booke ; and also that garnet knewe nothing thereof , but vnder the seale of confession . but if this were the first lie of the affaires of this state , which my fugitiue priestes and iesuites haue coined and spread abroad , i could charme them of it , as the prouerbe is . but as well the walles of diuers monasteries and iesuites colleges abroad , are filled with the painting of such lying histories , as also the bookes of our said fugitiues are farced with such sort of shamelesse stuffe ; such are the innumerable sorts of torments and cruell deathes , that they record their martyrs to haue suffered here ; some torne at foure horses ; some sowed in beares skinnes , and then killed with dogges : nay , women haue not beene spared ( they say ) and a thousand other strange fictions , the vanities of all which i will in two words discouer vnto you . first as for the cause of their punishment , i doe constantly maintaine that which i haue said in my apology : that no man , either in my time , or in the late queenes , euer died here for his conscience . for let him be neuer so deuout a papist , nay , though hee professe the same neuer so constantly , his life is in no danger by the law , if hee breake not out into some outward acte expresly against the words of the law , or plot not some vnlawfull or dangerous practise or attempt ; priests and popish church-men onely excepted , that receiue orders beyond the seas ; who for the manifold treasonable practises that they haue kindled & plotted in this countrey , are discharged to come home againe vnder paine of treason , after their receiuing of the saide orders abroad ; and yet , without some other guilt in them then their bare home-comming , haue none of thē bin euer put to death . and next , for the cruell torments & strange sorts of death that they say so many of them haue bin put vnto ; if there were no more but the lawe and continually obserued custome of england , these many hundred yeeres , in all criminall matters , it will sufficiently serue to refute all these monstrous lies : for no tortures are euer vsed here , but the manicles or the racke , and these neuer but in cases of high treason ; and all sorts of traitours die but one maner of death here , whether they bee papist or protestant traitours ; queene maries time only excepted . for then indeede no sorts of cruell deathes were spared vnexecuted vpon men , women and children professing our religion : yea , euen against the lawes of god and nature , women with childe were put to cruell death for their profession ; and a liuing childe falling out of the mothers belly , was throwen in the same fire againe that consumed the mother . but these tyrannous persecutions were done by the bishops of that time , vnder the warrant of the popes authoritie , and therefore were not subiect to that constant order and formes of execution , which as they are heere established by our lawes and customes , so are they accordingly obserued in the punishment of all criminals . for all priests and popish traitours heere receiue their iudgement in the temporall courts , and so doe neuer exceed those formes of execution which are prescribed by the law , or approued by continuall custome . one thing is also to be marked in this case ; that strangers are neuer called in question here for their religion , which is far otherwise ( i hope ) in any place where the inquisition domines . but hauing now too much wearied you with this long discourse , whereby i haue made you plainely see , that the wrong done vnto me in particular ; first by the popes breues , and then by these libellers , doth as deepely interest you all in generall , that are kings , free princes , or states , as it doth mee in particular : i will now conclude , with my humble prayers to god , that he will waken vs vp all out of that lethargike slumber of securitie , wherein our predecessors and we haue lien so long ; and that wee may first grauely consider , what wee are bound in conscience to doe for the planting and spreading of the true worship of god , according to his reuealed will , in all our dominions ; therein hearing the voice of our onely pastor ( for his sheepe will know his voyce , as himselfe saith ) and not following the vaine , corrupt & changeable traditions of men . and next that wee may prouidently looke to the securitie of our owne states , and not suffer this incroching babylonian monarch to winne still ground vpon vs. and if god hath so mercifully dealt with vs , that are his lieutenants vpon earth , as that he hath ioyned his cause with our interest , the spirituall libertie of the gospel with our temporall freedome : with what zeale and courage may wee then imbrace this worke : for our labours herein being assured , to receiue at the last the eternall and inestimable reward of felicitie in the kingdome of heauen ; and in the meane time to procure vnto our selues a temporall securitie , in our temporall kingdomes in this world . as for so many of you as are already perswaded of that truth which i professe , though differing among your selues in some particular points ; i think little perswasion should moue you to this holy and wise resolution : our greatnes , nor our number , praised bee god , being not so contemptible , but that we may shew good example to our neighbors ; since almost the halfe of all christian people and of all sorts and degrees , are of our profession ; i meane , all gone out of babylon , euen from kings and free princes , to the meanest sort of people . but aboue all ( my louing brethren and cosins ) keepe fast the vnity of faith amongst your selues ; reiect a questions of genealogies and b aniles fabulas , as paul saith ; let not the foolish heate of your preachers for idle controuersies or indifferent things , teare asunder that mysticall body , whereof yee are a part , since the very coat of him whose members wee are was without a seame : and let not our diuision breed a slander of our faith , and be a word of reproch in the mouthes of our aduersaries , who make vnitie to be one of the speciall notes of the true church . and as for you ( my louing brethren and cosins ) whome it hath not yet pleased god to illuminate with the light of trueth ; i can but humbly pray with elizeus , that it would please god to open your eyes , that yee might see what innumerable and inuincible armies of angels are euer prepared and ready to defend the truth of god : and with s. paul i wish , that ye were as i am in this case ; especially that yee would search the scriptures , and ground your faith vpon your owne certaine knowledge , and not vpon the report of others ; since euery man must be saf● by his owne faith . but , leauing this to god his mercifull prouidence in his due time , i haue good reason to remember you , to maintaine the ancient liberties of your crownes and common-wealthes , not suffering any vnder god to set himselfe vp aboue you ; and therein to imitate your owne noble predecessors , who ( euen in the dayes of greatest blindnes ) did diuers times couragiously oppose themselues to the incroaching ambition of popes . yea , some of your kingdomes haue in all ages maintained , and without any interruption enioyed your libertie , against the most ambitious popes . and some haue of very late had an euident proofe of the popes ambitious aspiring ouer your temporall power ; wherein ye haue constantly maintained and defended your lawfull freedome , to your immortall honour . and therefore i heartily wish you all , to doe in this case the office of godly and iust kings and earthly iudges : which consisteth not onely in not wronging or inuading the liberties of any other person ( for to that will i neuer presse to perswade you ) but also in defending and maintaining these lawfull liberties wherewith god hath indued you . for ye , whom god hath ordained to protect your people from iniuries , should bee ashamed to suffer your selues to bee wronged by any . and thus , assuring my selfe , that ye will with a setled iudgement free of preiudice , weigh the reasons of this my discourse , and accept my plainnesse in good part , gracing this my apologie with your fauours , and yet no longer then till it shall be iustly and worthily refuted ; i end , with my earnest prayers to the almightie for your prosperities , and that after your happy temporall raignes in earth , yee may liue and raigne in heauen with him for euer . a catalogve of the lyes of tortus , together with a briefe confutation of them . tortus . edit . politan . pag. . in the oath of allegiance the popes power to excommunicate euen hereticall kings , is expresly denied . confutation . the point touching the popes power in excommunicating kings , is neither treated of , nor defined in the oath of allegiance , but was purposely declined . see the wordes of the oath , and the praemonition . pag. . tortus . p. . for all catholike writers doe collect from the words of christ , whatsoeuer thou shalt loose vpon earth , shall bee loosed in heauen , that there appertaineth to the popes authoritie , not only a power to absolue from sinnes , but also from penalties , censures , lawes , vowes and oathes . confutation . that all roman-catholike writers do not concurre with this libeller , in thus collecting frō christs words , mat. . to omit other reasons , it may appeare by this that many of them do write . that what christ promised there , that he did actually exhibite to his disciples iohn . when he said , whose sinnes yee remit , they shall be remitted , thereby restraining this power of loosing formerly promised , vnto loosing from sinnes , not mentioning any absolution from lawes , vowes and oathes in this place . so doe theophylact , anselme , hugo cardin. & ferus in mat. . so doe the principall schoolemen . alexand. hales in summa . part . q. . memb . . & . art . . thom. in . dist . . q. . art . . scotus in . dist . . art . . pope hadrian . . in . dist . q. . de clauib . pag. . edit . parsien . an . . who also alledgeth for this interpretation , augustine and the interlinear glosse . tortus . p. . i abhorre all parricide , i detest all conspiracies : yet it cannot be denied but occasions of despaire were giuen [ to the powder-plotters . ] confutation . that it was not any iust occasion of despaire giuen to the powder-traitours , as this libeller would beare vs in hand , but the instructions which they had from the iesuites , that caused them to attempt this bloody designe : see the praemonition , pag. . and the booke intituled , the proceedings against the late traitours . tortus . p. . for not only the catholiques , but also the caluinist-puritanes detest the taking of this oath . confutation . the puritanes doe not decline the oath of supremacie , but daily doe take it , neither euer refused it . and the same supremacie is defended by caluin himselfe , instit . lib. . cap. . tortus . p. . first of all the pope writeth not , that he was grieued at the calamities which the catholiks did suffer for the keeping of the orthodox faith in the time of the late queene , or in the beginning of king iames his reigne in england , but for the calamities which they suffer at this present time . confutation . the onely recitall of the words of the breue wil sufficiently confute this lye . for thus writeth the pope . the tribulations and calamities which ye haue continually susteined for the keeping of the catholique faith , haue alway afflicted vs with great griefe of minde . but forasmuch as we vnderstand , that at this time all things are more grieuous , our affliction hereby is wonderfully increased . tortus . p. . in the first article [ of the statute ] the lawes of queene elizabeth are confirmed . confutation . there is no mention at all made of confirming the lawes of q. elizabeth , in the first article of that statute . tortus . p. . in the . article [ of the sayd statute ] it is added , that if the [ catholikes ] refuse the third time to take the oath being tendered vnto them , they shall incurre the danger of loosing their liues . confutation . there is no mention in this whole statute either of offring the oath the third time , or any endangering of their liues . tortus . p. . in the . article , it is enacted , that whosoeuer goeth out of the land to serue in the warres vnder forreine princes , they shall first of all take this oath , or else be accounted for traytors . confutation . it is no where said in that statute , that they which shall thus serue in the warres vnder forreine princes , before they haue taken this oath , shal be accounted for traitors , but only for felons . tortus . p. . we haue already declared , that the [ popes ] apostolike power in binding and loosing is denyed in that oath [ of allegeance . ] confutation . there is no assertory sentence in that oath , nor any word but onely conditionall , touching the power of the pope in binding and loosing . tortus . p. . the popes themselues , euen wil they , nill they , were constrained to subiect themselues to nero and diocletian . confutation . that christians without exception , not vpon constraint but willingly and for conscience sake , did subiect themselues to the ethnicke emperours , it may appeare by our apologie , p. , . and the apologetickes of the ancient fathers . tortus . p. . in which words [ of the breues of clement the . ] not onely iames king of scotland , was not excluded , but included rather . confutation . if the breues [ of clement ] did not exclude mee from the kingdome , but rather did include me , why did garnet burne them ? why would he not reserue them that i might haue seene them , that so he might haue obtained more fauour at mine hands , for him and his catholickes ? tortus . p. . of those . articles [ contained in the oath of allegeance ] eleuen of them concerne the primacie of the pope in matters spirituall . confutation . no one article of that oath doeth meddle with the primacie of the pope in matters spirituall : for to what end should that haue bene , since we haue an expresse oath els-where against the popes primacie in matters spirituall ? tortus . p. . amongst other calumnies this is mentioned , that bellarmine was priuie to sundry conspiracies against q elizabeth , if not the authour . confutation . it is no where said [ in the apologie ] that bellarmine was either the authour , or priuie to any conspiracies against queene elizabeth but that he was their principall instructer and teacher , who corrupted their iudgement with such dangerous positions & principles , that it was an easie matter to reduce the generals into particulars , and to apply the dictates which hee gaue out of his chaire , as opportunity serued , to their seuerall designes . tortus . p. . for hee [ bellarmine ] knoweth , that campian onely conspired against hereticall impiety . confutation . that the true and proper cause of campians execution , was not for his conspiring against hereticall impiety , but for conspiring against queene elizabeth , and the state of this kingdome , it was most euident by the iudiciall proceedings against him . tortus . p. . why was h. garnet , a man incomparable for learning in all kindes , and holinesse of life , put to death , but because hee would not reueale that which he could not doe with a safe conscience ? confutation . that garnet came to the knowledge of this horrible plot not only in confession , as this libeller would haue it , but by other meanes , n●ither by the relation of one alone , but by diuers , so as hee might with safe conscience haue disclosed it ; see the premonition , p. , , &c. and the earle of northamptons booke . tortus . p. . pope sixtus . neither commaunded the french king to be murdered , neither approued that fact , as it was done by a priuate person . confutation . the falsehood of this doeth easily appeare by the oration of sixtus . . tortus . p. . that which is added concerning stanley his treason , is neither faithfully nor truely related : for the apologer ( as his maner is ) doth miserably depraue it , by adding many lyes . confutation . that which the apologie relateth concerning stanley his treason , is word for word recited out of cardinall allens apologie for stanley●s treason , as it is to be seene there . tortus . p. . it is very certaine that h. garnet at his arraignment , did alwayes constantly auouch , that neither hee nor any iesuite either were authors , or compartners , or aduisers , or consenting any way [ to the powder-treason . ] and a little after . the same thing he protested at his death in a large speech , in the presence of innumerable people . confutation . the booke of the proceedings against the late traytors , and our premonition , pag. , , &c. doe clearly prooue the contrary of this to be true . tortus . p. . king iames since hee is no catholike , neither is hee a christian . confutation . contrary : i am a true catholike , a professour of the truely ancient , catholike , and apostolike faith : and therefore am a true christian . see the confession of my faith in the premonition . pag. , , &c. tortus . p. . and if the reports of them , which knewe him most inwardly , be trew , when he was in scotland , he was a puritane , and an enemie to protestants : now in england hee professeth himselfe a protestant , and an enemie to the puritans . confutation . contrary ; and what a puritane i was in scotland : see my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and this my premonition . p. , . ¶ his falsifications in his alledging of histories , together with a briefe declaration of their falshood . the words of tortus . p. . it was certaine that hee [ hnery . the emperour ] died a naturall death . confutation . it was not certaine : since sundry historians write otherwise , that he dyed vpon his imprisonment by his sonne henry . either with the noysomenesse and loathsomenesse of the prison , or being pined to death by hunger . read fasciculus temporum at the yeere . laziardus epitom . vniuersal . histor . c. . paulus langius in chronico citizensi at the yeere . and iacobus wimphelingus epitome rerum germanic . c. . tortus . p. . henry . the emperour feared indeed , but not any corporall death , but the censure of excommunication , from the which that he might procure absolution , of his owne accord , he did thus demissely humble himselfe [ before gregory . ] confutation . that henry . thus deiected himselfe before the pope , it was neither of his owne accord , neither vpon any feare of the popes excommunication , which [ in this particular ] he esteemed of no force : but vpon feare of the losse of his kingdome and life , as the recordes of antiquitie doe euidently testifie . see lambertus schafnaburg . at the yeere . abbas vispergen at the yeere . the authour of the life of henry . bruno in his historie of the saxon warre . laziard . in epitom . vniuersal . histor . c. . cuspian . in henric. . sigonius de regno italiae lib. . tortus . p. . the trueth of the history [ of alexander . treading vpon the necke of fredericke barbarossa with his foote ] may bee iustly doubted of . confutation . but no historian doubteth of it ; and many doe auouch it , as hieronym . bard. in victor . naual . ex bessarion . chronico apud baro. ad ann . . num . . gerson de potestate ecclésiae consid . . iacob bergom . in supplem . chron. ad an . . nauclerus gener . . petrus iustinian li. . rerum venetar . papirius masson . lib. . de episcop . vrbis , who also alledgeth for this gennadius patriarch of constantinople . besides alphonsus ciacconius de vit . pontif. in alexand. . and azorius the iesuite . instit . moral . part . . lib. . c. . tortus . p. . what other thing feared frederick barbarossa but excommuniticaon ? confutation . that frederick feared onely pope alexander his excommunication , no ancient historian doeth testifie . but many doe write , that this submission of his was principally for feare of loosing his empire and dominions . see for this , martin . polon . ad an . . platina in vita alexand. . laziard . in epitom . historiae vniuersal . c. . naucler . generat . . iacobus wimphelingus in epitom . rerum germanic . c. . tortus . p. . adde heereunto , that cuspinian . [ in relating the history of the turks brother who was poysoned by alexander . ] hath not the consent of other writers to witnesse the trueth of this history . confutation . the same history which is reported by cuspinian , is recorded also by sundry other famous historians . see francis guicciardin . lib. . histor . ital. paulus iouius lib. . hist . sui temporis . sabellic . ennead . . lib. . continuator . palmerij , at the yeere . ¶ the nouell doctrines , with a briefe declaration of their noueltie . nouell doctrine , p. . it is agreed vpon amongst all , that the pope may lawfully depose hereticall princes , and free their subiects from yeelding obedience vnto them . confutation . nay , all are so farre from consenting in this poynt , that it may much more truely be auouched , that none entertained that conceit before hildebrand : since he was the first broacher of this new doctrine neuer before heard of , as many learned men of that age , and the age next following ( to omit others of succeeding ages ) haue expresly testified . see for this poynt , the epistle of the whole clergie of liege to pope paschal the . see the iudgement of many bishops of those times , recorded by auentine in his history , lib. . fol. . also the speech vttered by conrade bishop of vtrecht , in the sayd . booke of auentine , fol. . and another by eberhardus , arch-bishop of saltzburge . ibid. lib. . p. . also the iudgement of the arch-bishop of triers , in constitut . imperialib . à m. haimensfeldio editis . pag. . the epistle of walthram bishop of megburgh , which is extant in dodechine his appendix to the chronicle of marianus scotus , at the yere . benno in the life of hildebrand . the author of the booke de vnitate ecclesiae , or the apologie for henry the . sigebert in his chronicle , at the yeare . godfrey of viterbio in his history intituled pantheon , part . . otho frisingensis , lib. . c. . & praefat . in lib. . frederick barbarossa . lib. . gunther . ligurin . de gestis frederici , and lib. . c. . of raduicus , de gestis eiusdem frederici . vincentius in speculo historiali lib. . c. . with sundry others . nouell doctrine . p. . in our supernaturall birth in baptisme wee are to conceiue of a secret and implied oath , which wee take at our new birth to yeelde obedience to the spirituall prince , which is christs vicar . confutation . it is to be wondered at whence this fellow had this strange new diuinity , which surely was first framed in his owne fantastical brain . else let him make vs a catalogue of his authours , that holde and teach , that all christians , whether infants or of age , are by vertue of an othe taken in their baptisme , bound to yeeld absolute obedience to christs vicar the pope , or baptized in any but in christ . nouell doctrine . p. . but since that catholike doctrine doth not permit , for the auoidance of any mischiefe whatsoeuer , to discouer the secret of sacramental confession , he [ garnet ] rather chose to suffer most bitter death , then to violate the seale of so great a sacramēt . confutation . that the secret of sacramentall confession is by no meanes to bee disclosed , no not indirectly , or in generall , so the person confessing be concealed , for auoydance and preuention of no mischiefe , how great soeuer : besides that it is a position most daungerous to all princes and common wealths , as i shew in my premonition , pag. , . it is also a nouell assertion , not heard of till of late dayes in the christian worlde : since the common opinion euen of the schoolemen and canonistes both olde and newe , is vnto the contrary , witnesse these authours following : alexand. hales part . . qu. . mem . . art . . thom. . dist . . q. . art . . ad . . scotus in . dist . . q. . hadrian . . in . dist . vbi de sacram. confess . edit . paris . . pag. . dominic . sot. in . dist . . q. . art . . francis . de victor . sum . de sacram. n. . nauar. in enchirid. c. . ioseph . angles in florib . part . pag. . edit . antuerp . petrus soto lect . . de confess . the iesuites also accorde hereunto , suarez . tom. . disp . in . part . thom. disp . . § . . gregor . de valentia . tom. . disp . . q. . punct . . who saith the common opinion of the schoolemen is so . nouell doctrine . p. . i dare boldly auow , that the catholikes haue better reason to refuse the oath [ of alleageance ] then eleazar had to refuse the eating of swines flesh . confutation . this assertion implieth a strange doctrine in deede , that the popes breues are to bee preferred before moses law : and that papistes are more bound to obey the popes decree , then the iewes were to obey the law of god pronounced by moyses . nouell doctrine . p. . churchmen are exempted from the iurisdiction of secular princes , & therfore are no subiects to kings : yet ought they to obserue their lawes concerning matters temporall , not by vertue of any lawe , but by enforcement of reason , that is to say , not for that they are their subiects , but because reason will giue it , that such lawes are to bee kept for the publike good , and quiet of the common-wealth . confutation . how true friends the cardinall and his chaplen are to kings , that would haue so many subiects exempted from their power : see my premonition , p. , . also p. , . &c. but as for this and the like new aphorismes , i would haue these cunning merchants to cease to vent such stuffe for ancient and catholike wares in the christian world , till they haue disproued their owne venetians , who charge them with noueltie , and forgery in this poynt , triplici nodo , triplex cuneus . or an apologie for the oath of allegiance . against the two breues of pope pavlvs qvintvs , and the late letter of cardinall bellarmine to g. blackvvel the arch-priest . tunc omnes populi clamauerunt & dixerunt , magna est veritas , & praeualet . esdr . . ¶ authoritate regiâ . ¶ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno . an apologie for the oath of allegiance . what a monstrous , rare , nay neuer heard of treacherous attempt , was plotted within these few yeeres heere in england , for the destruction of me , my bed-fellow , and our posterity , the whole house of parliament , and a great number of good subiects of all sorts and degrees : is so famous already through the whole world by the infamy thereof , as it is needlesse to be repeated or published any more ; the horrour of the sinne it selfe doth so lowdly proclaime it . for if those a crying sinnes ( whereof mention is made in the scripture ) haue that epithete giuen them for their publique infamie , and for procuring as it were with a loud crie from heauen a iust vengeance and recompense ; and yet those sinnes are both old and too common , neither the world nor any one countrey being euer at any time cleane voyd of them : if those sinnes ( i say ) are said in the scripture to cry so loud ; what then must this sinne doe , plotted without cause , infinite in crueltie , and singular from all examples ? what proceeded hereupon is likewise notorious to the whole worlde ; our iustice onely taking hold vpon the offenders , and that in as honourable and publique a forme of trial , as euer was vsed in this kingdome . . for although the onely reason they gaue for plotting so heinous an attempt , was the zeale they carried to the romish religion ; yet were neuer any other of that profession the worse vsed for that cause , as by our gracious proclamation immediatly after the discouery of the said fact doeth plainely appeare : onely at the next sitting downe againe of the parliament , there were lawes made , setting downe some such orders as were thought fit for preuenting the like mischiefe intime to come . amongst which a forme of oath was framed to be taken by my subiects , whereby they should make a cleare profession of their resolution , faithfully to persist in their obedience vnto me , according to their naturall allegiance ; to the end that i might hereby make a separation , not onely betweene all my good subiects in generall , and vnfaithfull traitors , that intended to withdraw themselues from my obedience ; but specially to make a separation betweene so many of my subiects , who although they were otherwise popishly affected , yet retained in their hearts the print of their naturall duetie to their soueraigne ; and those who being caried away with the like fanaticall zeale that the powder-traitors were , could not conteine themselues within the bounds of their naturall allegiance , but thought diuersitie of religion a safe pretext for all kinde of treasons , and rebellions against their soueraigne . which godly and wise intent god did blesse with successe accordingly : for very many of my subiects that were popishly affected , aswel priests , as layicks , did freely take the same oath : whereby they both gaue me occasion to thinke the better of their fidelitie , and likewise freed themselues of that heauy slander , that although they were fellow professors of one religion with the powder traitors , yet were they not ioyned with them in treasonable courses against their souereigne ; whereby all quietly minded papists were put out of despaire , and i gaue a good proofe that i intended no persecution against them for conscience cause , but onely desired to bee secured of them for ciuill obedience , which for conscience cause they were bound to performe . . but the deuil could not haue deuised a more malicious tricke for interrupting this so calme and clement a course , then fell out by the sending hither , and publishing a breue of the popes , countermaunding all them of his profession to take this oath ; thereby sowing new seedes of ielousie betweene me and my popish subiects , by stirring them vp to disobey that lawfull commandement of their soueraigne , which was ordeined to be taken of them as a pledge of their fidelity ; and so by their re●usall of so iust a charge , to giue me so great and iust a ground for punishment of them , without touching any matter of cons● : throwing themselues needlesl● 〈…〉 of these desperate straites : 〈…〉 losse of their liues and 〈…〉 their allegiance to the●● 〈…〉 ; or else to procure the condemnation of their soules by renouncing the catholike faith , as he alleadgeth . . and on the other part , although disparity of religion ( the pope being head of the contrary part ) can permit no intelligence nor intercourse of messengers betwerne me and the pope : yet there being no denounced warre betweene vs , he hath by this action broken the rules of common ciuility and iustice betweene christian princes , in thus condemning me vnheard , both by accounting me a persecutor , which can not be but implyed by exhorting the papists to endure martyrdome ; as likewise by so straitly commanding all those of his profession in england , to refuse the taking of this oath ; thereby refusing to professe their naturall obedience to me their soueraigne . for if he thinke himselfe my lawfull iudge , wherefore hath he condemned me vnheard ? and , if he haue nothing to doe with me and my gouernement ( as indeed he hath not ) why doeth hee mittere falcem in alienam messem , to meddle betweene mee and my subiects , especially in matters that meerely and onely concerne ciuill obedience ? and yet could pius quintus in his greatest furie and auowed quarrell against the late queene , do no more iniury vnto her ; then he hath in this cause offered vnto me , without so much as a pretended or an alleadged cause . for what difference there is , betweene the commaunding subiects to rebell , and loosing them from their oath of allegiance as pius quintus did ; & the commanding of subiects not to obey in making profession of their oath of their dutiful allegiance , as this pope hath now done : no man can easily discerne . . but to draw neere vnto his breue , wherin certainly he hath taken more paines then he needed , by setting downe in the said breue the whole body of the oath at length ; whereas the only naming of the title thereof might as wel haue serued , for any answere he hath made thereunto ( making vna litura , that is , the flat and generall condemnation of the whole oath to serue for all his refutation ) therein hauing as well in this respect as in the former , dealt both vndiscreetly with me , and iniuriously with his owne catholikes . with me ; in not refuting particularly what speciall wordes hee quarrelled in that oath ; which if he had done , it might haue bene that for the fatherly care i haue not to put any of my subiects to a needlesse extremitie , i might haue bene contented in some sort to haue reformed or interpreted those wordes . with his owne catholicks : for either if i had so done , they had beene therby fully eased in that businesse ; or at least if i would not haue condescended to haue altered any thing in the said oath , yet would thereby some appearance or shadow of excuse haue beene left vnto them for refusing the same : not as seeming thereby to swarue from their obedience and allegiance vnto me , but onely being stayed from taking the same vpon the scrupulous tendernesse of their consciences , in regard of those particular wordes which the pope had noted and condemned therein . and now let vs heare the wordes of his thunder . pope pavlvs the fift , to the english catholikes . welbeloued sonnes , salutation and apostolical benediction . the tribulations and calamities , which yee haue continually susteined for the keeping of the catholike faith , haue alwaies afflicted vs with great griefe of minde : but for as much as we vnderstand that at this time all things are more grieuous , our affliction hereby is wonderfully increased . for we haue heard how you are compelled , by most grieuous punishments set before you , to goe to the churches of heretikes , to frequent their assemblies , to be present at their sermons . truely we doe vndoubtedly beleeue , that they which with so great constancie and fortitude , haue hitherto indured most cruell persecutions and almost infinite miseries , that they may walke without spot in the law of the lord ; will neuer suffer themselues to bee defiled with the communion of those that haue forsaken the diuine law. yet notwithstanding , being compelled by the zeale of our pastorall office , and by our fatherly care which we doe continually take sor the saluation of your soules , we are inforced to admonish and desire you ; that by no meanes you come vnto the churches of the heretikes , or heare their sermons , or communicate with them in their rites , lest you incurre the wrath of god. for these things may yee not doe without indamaging the worship of god , and your owne saluation . as likewise you cannot without most euident and grieuous wronging of gods honour , binde your selues by the oath , which in like maner we haue heard with very great griefe of our heart is administred vnto you , of the tenor vnder written . viz. i a.b. doe truely and sincerely acknowlege , professe , testifie and declare in my conscience before god and the world , that our soueraigne lord king iames , is lawfull king of this realme , and of all other his maiesties dominions and countreyes : and that the pope neither of himselfe , nor by any authoritie of the church or sea o● rome , or by any other meanes with any other , hath any power or authoritie to depose the king , or to dispose of any of his maiesties kingdomes or dominions , or to authorize any forraigne prince , to inuade or annoy him or his countreys , or to discarge any of his subiects of their allegiance and obedience to his maiestie , or to giue licence or leaue to any of them , to beare armes , raise tumults , or to offer any violence or hurt to his maiesties royal person , state or gouernment , or to any of his maiesties subiects within his maiesties dominions . also i doe sweare from my heart , that , notwithstanding any declaration or sentence of excommunication , or depriuation made or granted , or to be made or granted , by the pope or his successors , or by any authoritie deriued , or pretended to be deriued from him or his sea , against the said king , his heires or successors , or any absolution of the said subiects from their obedience ; i will beare faith and true allegiance to his maiestie , his heires and successors , and him and them will defend to the vttermost of my power , against all conspiracies and attempts whatsoeuer , which shal be made against his or their persons , their crowne and dignitie , by reason or colour of any such sentence , or declaration , or otherwise , and will doe my best endeuour to disclose and make knowen vnto his maiestie , his heires and successors , all treasons and traiterous conspiracies , which i shall know or heare of , to be against him or any of them . and i doe further sweare , that i doe from my heart abhorre , detest and abiure as impious and hereticall , this damnable doctrine and position , that princes which be excommunicated or depriued by the pope , may be deposed or murthered by their subiects , or any other whatsoeuer . and i doe beleeue , and in conscience am resolued , that neither the pope nor any person whatsoeuer , hath power to absolue me of this oath , or any part thereof ; which i acknowledge by good and full authoritie to be lawfully ministred vnto me , and doe renounce all pardons and dispensations to the contrary . and all these things i doe plainely and sincerely acknowledge and sweare , according to these expresse wordes by me spoken , and according to the plaine and common sence and vnderstanding of the same words , without any equiuocation , or mental euasion , or secret reseruation whatsoeuer . and i doe make this recognition and acknowledgement heartily , willingly and truely , vpon the true faith of a christian . so helpe my god. which things since they are thus ; it must euidently appeare vnto you by the words themselues , that such an oath cannot be taken without hurting of the catholique faith , and the saluation of your soules ; seeing it conteines many things , which are flat contrary to faith and saluation . wherefore wee doe admonish you , that you doe vtterly abstaine from taking this and the like oathes : which thing wee doe the more earnestly require of you , because we haue experience of the constancie of your faith , which is tried like gold in the fire of perpetuall tribulation . wee doe wel knowe , that you will cheerefully vnder-goe all kind of cruell torments whatsoeuer , yea and constantly endure death it selfe , rather then you will in any thing offend the maiestie of god. and this our confidence is confirmed by those things , which are dayly reported vnto vs , of the singular vertue , valour and fortitude which in these last times doeth no lesse shine in your martyrs , then it did in the first beginnings of the church . stand therefore , your loynes being girt about with veritie , and hauing on the brest-plate of righteousnesse , taking the shield of faith , bee yee strong in the lord , and in the power of his might ; and let nothing hinder you . hee which will crowne you , and doeth in heauen beholde your conflicts , will finish the good worke which he hath begun in you . you know how he hath promised his disciples , that hee will neuer leaue them orphanes : for hee is faithfull which hath promised . hold fast therefore his correction , that is , being rooted and grounded in charitie , whatsoeuer ye doe , whatsoeuer yee indeuour , doe it with one accord , in simplicitie of heart , in meekenesse of spirit , without murmuring or doubting . for by this doe all men know that wee are the disciples of christ , if we haue loue one to another . which charitie , as it is very greatly to bee desired of all faithfull christians ; so certainely is it altogether necessary for you , most blessed sonnes . for by this your charitie , the power of the deuill is weakened , who doeth so much assaile you , since that power of his is especially vp held by the contentions and disagreement of our sonnes . we exhort you therefore by the bowels of our lord iesus christ , by whose loue we are taken out of the iawes of eternall death ; that aboue all things , you would haue mutuall charitie among you . surely pope clement the eight of happy memory , hath giuen you most profitable precepts of practising brotherly charitie one to another , in his letters in forme of a breue , to our welbeloued sonne m. george arch-priest of the kingdome of england , dated the . day of the moneth of october , . put them therefore diligently in practise , and bee not hindered by any difficultie or doubtfulnesse . we command you that ye doe exactly obserue the words of those letters , and that yee take and vnderstand them simply as they sound , and as they lie ; all power to interpret them otherwise , being taken away . in the meane while , we will neuer cease to pray to the father of mercies , that hee would with pitie beholde your afflictions and your paines ; and that he would keepe and defend you with his continuall protection : whom we doe gently greete with our apostolicall benediction . dated at rome at s. marke , vnder the signet of the fisherman , the tenth of the calends of october , . the second yeere of our popedome . the answere to the first breue . first , the pope expresseth heerein his sorrow , for that persecution which the catholiques sustaine for the faiths sake . wherein , besides the maine vntrueth whereby i am so iniuriously vsed , i must euer auow and maintaine , as the trueth is according to mine owne knowledge , that the late queene of famous memorie , neuer punished any papist for religion , but that their owne punishment was euer extorted out of her hands against her will , by their owne misbehauiour , which both the time and circumstances of her actions will manifestly make proofe of . for before pius quintus his excommunication giuing her ouer for a preye , and setting her subiects at liberty to rebel , it is well knowen she neuer medled with the blood or hard punishment of any catholique , nor made any rigorous lawes against them . and since that time , who list to compare with an indifferent eye , the manifold intended inuasions against her whole kingdome , the forraine practises , the internall publike rebellilions , the priuate plots and machinations , poysonings , murthers , and all sorts of deuises , et quid non ? daily set abroach ; and all these wares continually fostered & fomented from rome ; together with the continuall corrupting of her subiects , as well by temporall bribes , as by faire and specious promises of eternall felicitie ; and nothing but booke vpon booke publikely set forth by her fugitiues , for approbation of so holy designes : who list , i say , with an indifferent eye , to looke on the one part , vpon those infinite & intollerable temptations , and on the other part vpon the iust , yet moderate punishment of a part of these hainous offenders ; shall easily see that that blessed defunct lady vvas as free from persecution , as they shall free these hellish instruments from the honour of martyrdome . . but novv hauing sacrificed ( if i may so say ) to the manes of my late predecessor , i may next vvith s. paul iustly vindicate my ovvne fame , from those innumerable calumnies spred against me , in testifying the trueth of my behauiour tovvard the papists : vvherin i may truely affirme , that vvhatsoeuer vvas her iust and mercifull gouernement ouer the papists in her time , my gouernement ouer them since hath so farre exceeded hers , in mercie and clemencie , as not onely the papists themselues grevve to that height of pride , in confidence of my mildenesse , as they did directly expect , and assuredly promise to themselues liberty of conscience and equalitie vvith other of my subiects in all things ; but euen a number of the best and faithfullest of my sayd subiects , vvere cast in great feare & amazement of my course and proceedings , euer prognosticating and iustly suspecting that sowre fruit to come of it , which shevved it selfe clearely in the powder-treason . how many did i honour with knighthood , of knowen & open recusants ? how indifferently did i giue audience , and accesse to both sides , bestowing equally all fauours and honors on both professions ? how free & continual accesse , had all rankes & degrees of papists in my court & company ? and aboue alll , how frankly and freely did i free recusants of their ordinary payments ? besides , it is euident what strait order vvas giuen out of my ovvne mouth to the iudges , to spare the execution of all priests , ( notwithstanding their conuiction , ) ioyning thereunto a gracious proclamation , wherby all priests , that were at liberty , and not taken , might goe out of the country by such a day : my generall pardon hauing bin extended to all conuicted priests in prison : whereupon they vvere set at liberty as good subiects : and all priests that were taken after , sent ouer and set at liberty there . but time & paper vvill faile mee to make enumeration of all the benefits and fauours that i bestowed in generall and particular vpon papists : in recounting whereof euery scrape of my pen would serue but for a blot of the popes ingratitude and iniustice , in meating me with so hard a measure for the same . so as i thinke i haue sufficiently , or at least with good reason wiped the a teares from the popes eyes , for complaining vpon such persecution , who if he had beene but politikely wise , although he had had no respect to iustice and veritie , would haue in this complaint of his , made a difference betweene my present time , and the time of the late queene , and so by his commending of my moderation , in regarde of former times , might haue had hope to haue moued me to haue continued in the same clement course . for it is a true saying , that alledged kindnes vpon noble mindes , doth euer worke much . and for the maine vntrueth of any persecution in my time , it can neuer be proued , that any were , or are put to death since i came to the crowne for cause of conscience : except that now this discharge giuen by the pope to all catholiques to take their oath of allegiance to me , be the cause of the due punishment of many : which if it fall out to be , let the blood lig●t vpon the popes head , who is the onely cause thereof . as for the next point contained in his breue concerning his discharge of all papists to come to our church , or frequent our rites and ceremonies , i am not to meddle at this time with that matter , because my errand now only is to publish to the world the iniurie and iniustice done vnto me in discharging my subiects to make profession o● their obedience vnto me . now as to the point where the oath is quarrelled , it is se● downe in few , but very weightie words ; to wit , that it ought to be cleare vnto all catholiques , that this oath cannot be taken with safety of the catholike faith , and of their soules health , since it containeth many things that are plainely and directly contrary to their faith & saluation . to this , the old saying fathered vpon the philosopher may very fi●ly be applied , mul ta dicit sed pauca probat : nay indeede , nihil omnino probat . for how the profession of the natural allegiance of subiects to their prince can be directly opposite to the faith & saluation of soules , is so farre beyond my simple reading in diuinitie , as i must thinke it a strange and new assertion , to proceed out of the mouth of that pretended generall pastor of all christian soules . i reade indeede , and not in one , or two , or three places of scripture , that subiects are bound to obey their princes for conscience sake , whether they were good or wicked princes . so saide the people to a ioshua , as wee obeyed moses in all things , so will we obey thee . so the b prophet commanded the people to obey the king of babel , saying , put your neckes vnder the yoke of the king of babel , and serue him and his people , that yee may liue . so were the children of israel , vnto c pharaoh , desiring him to let them goe : so to d cyrus , obtaining leaue of him to returne to build the temple : and in a word , the e apostle willed all men to be subiect to the higher powers for conscience sake . agreeable to the scriptures did the fathers teach . f augustine speaking of iulian , saith , iulian was an vnbeleeuing emperour : was he not an apostata , an oppressour , and an idolater ? christian souldiers serued that vnbeleeuing emperour : when they came to the cause of christ , they would acknowledge no lord , but him that is in heauen : when he would haue them to worship idoles and to sacrifice , they preferred god before him : but when hee said , goe forth to fight , inuade such a nation , they presently obeyed . they distinguished their eternall lord from their temporall , and yet were they subiect euen vnto their temporall lord , for his sake that was their eternall lord and master . g tertullian saith , a christian is enemie to no man , much lesse to the prince , whom hee knoweth to be appointed of god : and so of necessitie must loue , reuerence and honour him , and wish him safe with the whole romane empire , so long as the world shall last : for so long shall it endure . we honour therefore the emperour in such sort , as is lawfull for vs , and expedient for him , as a man , the next vnto god , and obtaining from god whatsoeuer hee hath , and onely inferiour vnto god. this the emperour himselfe would : for so is he greater then all , while hee is inferiour onely to the true god. h iustine martyr ; we onely adore god , and in all other things cherefully performe seruice to you , professing that you are emperours and princes of men . i ambrose ; i may lament , weepe and sigh : my teares are my weapons against their armes , souldiers , and the gothes also : such are the weapons of a priest : otherwise neither ought i , neither can i resist . k optatus ; ouer the emperour , there is none but onely god , that made the emperour . and l gregory writing to mauritius about a certaine law , that a souldier should not be receiued into a monastery , nondū expleta militia , the almightie god , saith he , holdes him guilty , that is not vpright to the most excellent emperour in all things that he doth or speaketh . and then calling himselfe the vnworthy seruant of his godlinesse , goeth on in the whole epistle to shew the iniustice of that law , as he pretendeth : and in the ende concludes his epistle with these words , i being subiect to your commaund , haue caused the same law to bee sent through diuers parts of your dominions : and because the law it selfe doeth not agree to the law of the almightie god , i haue signified the same by my letters to your most excellent lordship : so that on both parts i haue payed what i ought : because i haue yeelded obedience to the emperour , and haue not holden my peace , in what i thought for god. now how great a contrarietie there is betwixt this ancient popes action in obeying an emperour by the publication of his decree , which in his owne conscience he thought vnlawfull , and this present popes prohibition to a kings subiects from obedience vnto him in things most lawfull and meere temporall ; i remit it to the readers indifferency . and answerably to the fathers spake the councels in their decrees . as the councell of m arles , submitting the whole councell to the emperour in these words : these things we haue decreed to be presented to our lord the emperor , beseeching his clemencie , that if we haue done lesse then we ought , it may be supplied by his wisedome : if any thing otherwise then reason requireth , it may bee corrected by his iudgement : if any thing bee found fault with by vs with reason , it may be perfected by his ayd with gods fauourable assistance . but why should i speake of charles the great , to whom not one councell , but sixe seuerall councels , frankford , arles , tours , chalons , ments & rhemes did wholy submit themselues ? and not rather speake of all the generall councels , that of nice , constantinople , ephesus , chalcedon , and the foure other commonly so reputed , which did submit themselues to the emperours wisdome , and pietie in all things ? insomuch as that of ephesus repeated it foure seuerall times , that they were summoned by the emperours oracle , becke , charge , and command , and betooke themselues to his godlinesse , a beseeching him , that the decrees made against nestorius and his followers , might by his power haue their full force and validitie , as appeareth manifestly in the epistle of the generall councell of ephesus written ad augustos . i also reade that christ said , his b kingdome was not of this world , bidding , giue to c caesar what was caesars , and to god what was gods. and i euer held it for an infallible maxime in diuinitie , that temporall obedience to a temporal magistrate did nothing repugne to matters of faith or saluation of soules . but that euer temporall obedience was against faith and saluation of soules , as in this breue is alledged , was neuer before heard nor read of in the christian church . and therefore i would haue wished the pope , before he had set downe this commaundement to all papists here , that since in him is the power , by the infalibility of his spirit , to make new articles of faith when euer it shall please him ; that he had first set it downe for an article of faith , before hee had commaunded all catholikes to beleeue and obey it . i will then conclude the answere to this point in a dilemma . either it is lawful to obey the soueraigne in temporall things , or not . if it be lawfull , ( as i neuer heard nor read it doubted of ) then why is the pope so vniust and so cruel towards his owne catholikes , as to commaund them to disobey their soueraignes lawfull commandement ? if it be vnlawful , why hath he neither expressed any one cause or reason thereof , nor yet wil giue thē leaue , ( nay rather he should commaund and perswade them in plaine termes ) not to liue vnder a king whom vnto they ought no obedience ? and as for the vehement exhortation vnto them to perseuere in constancie , and to suffer martyrdome , and all tribulation for this cause ; it requireth no other answere then onely this , that if the ground be good whereupon he hath commaunded them to stand , then exhortation to constancie is necessary : but if the ground bee vniust , and naught ( as indeed it is , and i haue in part already proued ) then this exhortation of his can work no other effect , then to make him guilty of the blood of so many of his sheep , whom he doeth thus wilfully cast away , not onely to the needlesse losse of their liues , and ruine of their families , but euen to the laying on of a perpetuall flaunder vpon all papists ; as if no zealous papist could be a true subiect to his prince ; and that the profession of that religion , and the temporall obedience to the ciuill magistrate , were two things repugnant & incompatible in themselues . but euill information , and vntrue reports ( which beeing carried so farre as betweene this and rome , cannot but increase by the way ) might haue abused the pope , and made him dispatch this breue so rashly . for that great city , queene of the world , and as themselues confesse , a mystically babylon , cannot but be so full of all sorts of intelligencies . besides , all complainers ( as the catholikes heere are ) be naturally giuen to exaggerate their owne griefes , and multiply thereupon . so that it is no wonder , that euen a iudge sitting there , should vpon wrong information , giue an vnrighteous sentence ; as some of their owne partie doe not sticke to confesse , that pius quintus was too rashly caried vpon wrong information , to pronounce his thunder of excōmunication vpon the late queene . and it may be , the like excuse shal hereafter be made for the two breues , which b clemens octauus sent to england immediatly before her death , for debarring mee of the crowne , or any other that either would professe , or any wayes tollerate the professors of our religion ; contrary to his manifold vowes and protestations , simul & eodem tempore , & as it were , deliuered vno & eodem spiritu , to diuers of my ministers abroad , professing such kindnesse , and shewing such forwardnesse to aduance mee to this crowne . nay , the most part of catholikes heere , finding this breue when it came to their handes , to bee so farre against diuinity , policy , or naturall sense , were firmely perswaded , that it was but a counterfeit libel , deuised in hatred of the pope ; or at the farthest , a thing hastily done vpon wrong information , as was before saide . of which opinion were not onely the simpler sort of papists , but euen some amongst them of best account , both for learning and experience ; whereof the arch-priest himselfe was one . but for soluing of this obiection , the pope himselfe hath taken new paines by sending foorth a second breue , onely for giuing faith and confirmation to the former : that whereas before , his sinne might haue beene thought to haue proceeded from rashnesse , and mis-information , he will now wilfully and willingly double the same : whereof the copie followeth . to ovr beloued sonnes the english catholikes , paulus p.p. v ius . beloued sonnes , salutation and apostolicall benediction . it is reported vnto vs , that there are found certaine amongst you , who when as wee haue sufficiently declared by our letters , dated the last yeere on the tenth of the calends of october in the forme of a breue , that ye cannot with safe conscience take the oath , which was then required of you ; and when as we haue further straightly commanded you , that by no meanes ye should take it ; yet there are some , i say , among you , which dare now affirme , that such letters concerning the forbidding of the oath , were not written of our owne accord , or of our owne proper will , but rather for the respect and at the instigation of other men . and for that cause , the same men do goe about to perswade you , that our commands in the said letters are not to be regarded . surely this newes did trouble vs ; and that so much the more , because hauing had experience of your obedience ( most dearely beloued sonnes ) who to the end ye might obey this holy sea , haue godlily , and valiantly contemned your riches , wealth , honour , libertie , yea and life it selfe ; we should neuer haue suspected , that the trueth of our apostolike letters could once be called into question among you , that by this pretence yee might exempt your selues from our commandements . but we doe herein perceiue the subtiltie and craft of the enemie of mans saluation ; and wee doe attribute this your backwardnesse rather to him , then to your owne will. and for this cause , we haue thought good to write the second time vnto you , and to signifie vnto you againe , that our apostolike letters dated the last yeere on the tenth of the calends of october concerning the prohibition of the oath , were written not onely vpon our proper motion , and of our certaine knowledge , but also after long and weightie deliberation vsed concerning all those things , which are conteined in them ; and for that cause that yee are bound fully to obserue them , reiecting all interpretation perswading to the contrary . and this is our meere , pure , and perfect will , being alwayes carefull of your saluation , and alwayes minding those things which are most profitable vnto you . and we doe pray without ceasing , that he that hath appointed our lowlines to the keeping of the flocke of christ , would inlighten our thoughts and our counsels : whom wee doe also continually desire , that hee would increase in you ( our beloued sonnes ) faith , constancy , and mutuall charity and peace one to another . all whom , wee doe most louingly blesse with all charitable affection . dated at rome at saint markes vnder the signet of the fisherman , the x. of the calends of september , . the third yeere of our popedome . the answere to the second breue . now for this breue , i may iustly reflect his owne phrase vpon him , in tearming it to bee the craft of the deuil . for if the deuil had studied a thousand yeres , for to finde out a mischiefe for our catholikes here , hee hath found it in this : that now when many catholiks haue taken their oath , and some priests also ; yea , the arch-priest himselfe , without compunction or sticking , they shall not now onely bee bound to refuse the profession of their naturall allegiance to their soueraigne , which might yet haue beene some way coloured vpō diuers scruples conceiued vpon the wordes of the oath ; but they must now renounce & fors●eare their profession of obedience already sworne , and so must as it were at the third instance forsweare their former two oaths , first closely sworne , by their birth in the naturall allegiance ; and next , clearely confirmed by this oath , which doeth nothing but expresse the same : so as no man can now hold the faith , or procure the saluation of his sould in england , that must not abiure and renounce his borne and sworne allegiance to his naturall soueraigne . and yet it is not sufficient to ratifie the last yeeres breue , by a new one come foorth this yeere ; but ( that not onely euery yeere , but euery moneth may produce a new monster ) the great and famous writer of the controuersies , the late vn-iesuited cardinall bellarmine , must adde his talent to this good worke , by blowing the bellowes of sedition , and sharpening the spur to rebellion , by sending such a letter of his to the arch-priest here , as it is wonder how passion and an ambitious desire of maintaining that monarchie , should charme the wits of so famously learned a man. the copie where of here followeth . to the very reuerend mr. george blackwel , arch-priest of the english : robert bellarmine cardinall of the holy church of rome , greeting . reuerend sir , and brother in christ , it is almost fourty yeeres since we did see one the other : but yet i haue neuer bin vnmindful of our ancient acquaintance , neither haue i ceased , seeing i could doe you no other good , to commend your labouring most painfully in the lords vineyard , in my prayers to god. and i doubt not , but that i haue liued all this while in your memory , and haue had some place in your prayers at the lords altar . so therefore euen vnto this time wee haue abidden , as s. iohn speaketh , in the mutuall loue one of the other , not by word or letter , but in deede and trueth . but a late message which was brought vnto vs within these few dayes , of your bonds and imprisonment , hath inforced mee to breake off this silence ; which message , although it seemed heauy in regard of the losse which that church hath receiued , by their beeing thus depriued of the comfort of your pastorall function among them , yet withall it seemed ioyous , because you drewe neere vnto the glory of martyrdome , then the which gift of god there is none more happy ; that you , who haue fed your flocke so many yeeres with the word and doctrine , should now feed it more gloriously by the example of your patience . but another heauy tidings did not a litle disquiet and almost take away this ioy , which immediatly followed , of the aduersaries assault , and peraduenture of the slip and fall of your constancy in refusing an vnlawfull oath . neither truely ( most deare brother ) could that oath therfore be lawfull , because it was offered in sort tempered and modified : for you know that those kinde of modifications are nothing else , but sleights & subtilties of sathan , that the catholique faith touching the primacie of the sea apostolique , might either secretly or openly be shot at , for the which faith so many worthy martyrs euen in that very england it selfe , haue resisted vnto blood . for most certaine it is , that in whatsoeuer wordes the oath is conceiued by the aduersaries of the faith in that kingdome , it tends to this end , that the authoritie of the head of the church in england , may be transferred from the successour of s. peter , to the successour of k. henry the eight . for that which is pretended of the danger of the kings life , if the high priest should haue the same power in england , which hee hath in all other christian kingdomes , it is altogether idle , as all that haue any vnderstanding , may easily perceiue . for it was neuer heard of from the churches infancy vntill this day , that euer any pope did command that any prince , though an heretike , though an ethnike , though a persecutor , should be murdered ; or did approue of the fact when it was done by any other . and why , i pray you , doeth onely the king of england feare that , which none of all other the princes in christendome either doeth feare , or euer did feare ? but , as i saide , these vaine pretexts are but the trappes and stratagemes of satan : of which kinde i could produce not a f●we out of ancient stories , if i went about to write a book● and not an epistle . one onely for example sake i will call to your memory s. gregorius nazianzenus in his first oration against iulian the emperour , reporteth , that he , the more easily to beguile the simple christians , did insert the images of the false gods into the pictures of the emperor , which the romanes did vse to bow dawne vnto with a ciuill kind of reuerence : so that no man could doe reuerence to the emperours picture , but withall he must adore the images of the false gods ; whereupon it came to passe that many were deceiued . and if there were any that found out the emperours craft , and refused to worship his picture , those were most grieuously punished , as men that had contemned the emperour in his image . some such like thing , me thinkes , i see in the oath that is offered to you , which is to so craftily composed , that no man can detest treason against the king and make profession of his ciuill subiection , but he must be constrained perfidiously to denie the primacie of the apostolike sea. but the seruants of christ , and especially the chiefe priests of the lord ought to be so farre from taking an vnlawfull oath , where they may indamage the faith , that they ought to beware that they giue not the least suspicion of dissimulation that they haue taken it , least they might seeme to haue left any example of preuarication to faithfull people . which thing that worthy eleazar did most notably performe , who would neither eate swines flesh , nor so much as faine to haue eaten it , although hee saw the great torments that did hang ouer his head ; least , as himselfe speaketh in the second booke of the machabees , many yong men might be brought through that similation , to preuaricate with the law. neither did basil the great by his example , which is more fit for our purpose , carrie himselfe lesse worthily toward valens the emperour . for as theodoret writeth in his historie , when the deputy of that heretical emperour did perswade saint basill , that he would not resist the emperour for a little subtiltie of a few points of doctrine ; that most holy and prudent man made answere , that it was not to bee indured , that the least syllable of gods word should bee corrupted , but rather all kind of torment was to be embraced , for the maintenance of the trueth thereof . now i suppose , that there wants not amongst you , who say that they are but subtilties of opinions that are conteined in the oath that is offred to the catholikes , and that you are not to striue against the kings authoritie for such a little matter . but there are not wanting also amongst you holy men like vnto basil the great , which will openly auow , that the very least syllable of gods diuine trueth is not to be corrupted , though many torments were to be endured , and death it selfe set before you . amongst whom it is meete , that you should bee one , or rather the standerd-bearer , and generall to the rest . and whatsoeuer hath beene the cause , that your constancie hath quailed , whether it bee the suddennesse of your apprehension , or the bitternesse of your persecution , or the imbecillitie of your old age : yet we trust in the goodnesse of god , & in your owne long continued vertue , that it will come to passe , that as you seeme in some part to haue imitated the fall of peter , and marcellinus , so you shall happily imitate their valour in recouering your strength , and maintaining the truth . for if you will diligently weigh the whole matter with your selfe , truely you shall see , it is no small matter that is called in question by this oath , but one of the principall heads of our faith and foundations of catholique religion . for heare what your apostle s. gregory the great hath written , in his . epistle of his . booke . let not the reuerence due to the apostolique sea , bee troubled by any mans presumption : for then the estate of the members doeth remaine entire , when the head of the faith is not bruised by any iniury . therefore by s. gregories testimonie , when they are busie about disturbing or diminishing , or taking away of the primacie of the apostolique sea : then are they busie about cutting off the verie head of the faith , and dissoluing of the state of the whole body , and of all the members . which selfe same thing s. leo doth confirme in his third sermon of his assumption to the popedome , when he saith , our lord had a speciall care of peter , & prayed properly for peters faith , as though the state of others were more stable , when their princes minde was not to be ouer come . whereupon himselfe in his epistle to the bishops of the prouince of vienna , doeth not doubt to affirme , that he is not partaker of the diuine mystery , that dare depart from the solidity of peter , who also saith , that who thinketh the primacy to be denied to that sea , he can in no sort lessen the authority of it : but by beeing puft vp with the spirit of his own pride , doth cast himself headlong into hel . these & many other of this kind , i am very sure are most familiar to you : who besides many other bookes , haue diligently read ouer the visible monarchie of your owne saunders , a most diligent writer , and one who hath worthily deserued of the church of england . neither can you be ignorant , that these most holy & learned men iohn bishop of rochester , and tho. moore , within our memorie , for this one most weightie head of doctrine , led the way to martyrdome to many others , to the exceeding glory of the english nation . but i would put you in remembrance that you should take hart , & considering the weightines of the cause , not to trust too much to your owne iudgement , neither be wise aboue that is meete to be wise : and if peraduenture your fall haue proceeded not vpon want of consideration , but through humane infirmity , & for feare of punishment and imprisonment , yet doe not preferre a temporall liberty to the libertie of the glory of the sonnes of god : neither for escaping a light and momentanie tribulation , lose an eternall weight of glory , which tribulation it self doth worke in you . you haue fought a good fight a long time , you haue well neere finished your course ; so many yeres haue you kept the faith : doe not therefore lose the reward of such labours ; do not depriue your selfe of that crown of righteousnesse which so long agone is prepared for you , doe not make the faces of so many yours both brethren and children ashamed . vpon you at this time are fixed the eyes of all the church : yea also , you are made a spectacle to the world , to angels , to men ; do not so carry your self in this your last acte , that you leaue nothing but laments to your friends , and ioy to your enemies . but rather on the contrary , which we assuredly hope , & for which we continually power forth prayers to god , display gloriously the banner of faith , and make to reioyce the church which you haue made heauie ; so shall you not onely merite pardon at gods hands , but a crowne . farewell . quite you like a man , and let your heart be strengthened . from rome . the . day of september , . your very reuerendships brother and seruant in christ , robert bellarmine cardinall . the answere to the cardinals letter . and now that i am to enter into the fielde against him by refuting his letter , i must first vse this protestation ; that no desire of vaine glory by matching with so learned a man , maketh mee to vndertake this taske ; but onely the care & conscience i haue , that such smooth circes charmes and guilded pilles , as full of exterior eloquence , as of in ward vntruthes , may not haue that publike passage through the world without an answere : whereby my reputation might vniustly be darkened , by such cloudy and foggy mists of vntruthes and false imputations , the hearts of vnstayed and simple men be mis-led , & the trueth itselfe smothered . but before i come to the particular answere of this letter , i must here desire the world to wonder with me , at the committing of so grosse an errour by so learned a man : as that hee should haue pained himselfe to haue set downe so elaborate a letter , for the refutation of a quite mistaken question . for it appeareth , that our english fugitiues , of whose inward societie with him he so greatly vaunteth , haue so fast hammered in his head the oath of supremacie , which hath euer bin so great a scarre vnto them , as he thinking by his letter to haue refuted the last oath , hath in place thereof onely paid the oath of supremacie , which was most in his head : as a man that being earnestly caried in his thoughts vpon another matter , then he is presently in doing , will often name the matter or person hee is thinking of , in place of the other thing he hath at that time in hand . for , as the oath of supremacie was deuised for putting a difference betweene papists , and them of our profession : so was this oath , which he would seeme to impugne , ordained for making a difference between the ciuilly obedient papists , & the peruerse disciples of the powder-treason . yet doth all his letter runne vpon an inuectiue against the compulsion of catholiques to deny the authoritie of saint peters successors ; and in place thereof to acknowledge the successors of king henry the eight . for , in king henry the eights time was the oath of supremacie first made : by him were thomas moore and roffensis put to death , partly for refusing of it . from his time til novv haue al the princes of this land professing this religion , successiuely in effect maintained the same and in that oath only is contained the kings absolute povver , to be iudge ouer all persons , asvvel ciuil as ecclesiastical ; excluding al forraine povvers and potentates to be iudges vvithin his dominions : vvheras this last made oath containeth no such matter , onely medling vvith the ciuil obedience of subiects to their soueraigne , in meere temporall causes . and that it may the better appeare , that vvhereas by name he seemeth to condemne the last oath ; yet indeed his vvhole letter runneth vpon nothing , but vpon the condemnation of the oath of supremacie : i haue here thought good to set downe the saide oath , leauing it then to the discretion of euery indifferent reader to iudge , whether hee doeth not in substance onely answere to the oath of supremacie , but that he giueth the child a wrong name . i a b. doe vtterly testifie and declare in my conscience , that the kings highnesse is the onely supreame gouernour of this realme , and all other his highnesse dominions and counties , as well in all spirituall or ecclesiasticall things or causes , as temporall : and that no forraine prince , person , prelate , state or potentate , hath or ought to haue any iurisdiction , power , superioritie , preeminence or authoritie ecclesiasticall or spirituall within this realme . and therefore , i do vtterly renounce and forsake all forreine iurisdictions , powers , superiorities and authorities ; and do promise that from hencefoorth i shall beare faith and true allegiance to the kings highnesse , his heires and lawfull successors : and to my power shall assist and defend all iurisdictions , priuiledges , pre●minences and authorities graunted or belonging to the kings highnesse , his heires and successours , or vnited and annexed to the imperiall crowne of the realme : so helpe mee god : and by the contents of this booke . and that the iniustice , as well as the errour of his grosse mistaking in this point , may yet be more clearely discouered ; i haue also thought good to insert here immediatly after the oath of supremacie , the contrary conclusions to all the points and articles , whereof this other late oath doeth consist : whereby it may appeare , what vnreasonable and rebellious points hee would driue my subiects vnto , by refusing the whole body of that oath , as it is conceiued . for he that shall refuse to take this oath , must of necessitie hold all , or some of these propositions following . that i , king iames , am not the lawfull king of this kingdome , and of all other my dominions . that the pope by his owne authoritie may depose me . if not by his owne authoritie , yet by some other authoritie of the church , or of the sea of rome . if not by some other authoritie of the church & sea of rome , yet by other meanes with others helpe , he may depose me . that the pope may dispose of my kingdomes and dominions . that the pope may giue authoritie to some forren prince to inuade my dominions . that the pope may discharge my subiects of their allegiance and obedience to me . that the pope may giue licence to one , or more of my subiects to beare armes against me . that the pope may giue leaue to my subiects to offer violence to my person , or to my gouernement , or to some of my subiects . that if the pope shall by sentence excommunicate or depose me , my subiects are not to beare faith and allegiance to me . if the pope shall by sentence excommunicate or depose mee , my subiects are not bound to defend with all their power my person and crowne . if the pope shall giue out any sentence of excommunication or depriuation against me , my subiects by reason of that sentence are not bound to reueale all conspiracies and treasons against mee , which shal come to their hearing and knowledge . that it is not hereticall and detestable to hold , that princes being excommunicated by the pope , may be either deposed or killed by their subiects , or any other . that the pope hath power to absolue my subiects from this oath , or from some part thereof . that this oath is not administred to my subiects , by a full and lawfull authoritie . that this oath is to be taken with equiuocation , mental euasion , or secret reseruation : and not with the heart and good will , sincerely in the true faith of a christian man. these are the true and naturall branches of the body of this oath . the affirmatiue of all which negatiues , doe neither concerne in any case the popes supremacie in spiritual causes : nor yet were euer concluded , and defined by any complete generall councell to belong to the popes authoritie ; and their owne schoole doctors are at irreconciliable oddes and iarres about them . and that the world may yet farther see ours and the whole states setting downe of this oath , did not proceed from any new inuention of our owne , but as it is warranted by the word of god : so doeth it take the example from an oath of allegiance decreed a thousand yeeres agone , which a famous councel then , together with diuers other councels , were so farre from condemning ( as the pope now hath done this oath ) as i haue thought good to set downe their owne words here in that purpose : whereby it may appeare that i craue nothing now of my subiects in this oath , which was not expresly and carefully commanded then , by the councels to be obeyed without exception of persons . nay , not in the very particular point of equiuocation , which i in this oath was so carefull to haue eschewed : but you shall here see the said councels in their decrees , as carefull to prouide for the eschewing of the same ; so as almost euery point of that action , and this of ours shall be found to haue relation and agreeance one with the other , saue only in this , that those ould councels were carefull and strait in commanding the taking of the same : whereas by the contrary , he that novv vanteth himselfe to bee head of all councels , is as carefull and strait in the prohibition of all men from the taking of this oath of allegiance . the vvordes of the councell bee these . heare our sentence . whosoeuer of vs , or of all the people thorowout all spaine , shall goe about by any meanes of conspiracie or practise , to violate the oath of his fidelitie , which he hath taken for the preseruation of his countrey , or of the kings life ; or who shall attempt to put violent hands vpon the king ; or to depriue him of his kingly power ; or that by tyrannicall presumption would vsurpe the soueraigntie of the kingdome : let him bee accursed in the sight of god the father , and of his angels ; and let him be made and declared a stranger from the catholike church , which he hath prophaned by his periurie , & an aliant from the company of all christian people ; together with all the complices of his impietie : because it behooueth all those that bee guiltie of the like offence , to vnder-lie the like punishment . which sentence is three seuerall times together , and almost in the same wordes , repeated in the same canon . after this , the synode desired , that this sentence of theirs now this third time rehearsed , might be confirmed by the voyce and consent of all that were present . then the whole clergie and people answered , whosoeuer shal cary himselfe presumptuously against this your definitiue sentence , let them be anathema maranatha , that is , let them be vtterly destroyed at the lords comming , and let them and their complices haue their portion with iudas iscarioth . amen . and in the fift a councell , there it is decreed , that this acte touching the oath of allegiance , shall bee repeated in euery councell of the bishops of spaine . the decree is in these wordes : in consideration that the mindes of men are easily inclined to euill and forgetfulnesse , therefore this most holy synode hath ordeined ; and doeth enact , that in euery councell of the bishops of spaine , the decree of the generall b councell which was made for the safetie of our princes , shall be with an audible voyce proclaimed & pronounced , after the conclusion of all other things in the synode : that so it being often sounded in their eares , at least by continuall remembrance , the mindes of wicked men being terrified might bee reformed , which by obliuion & facilitie [ to euill ] are brought to preuaricate . and in the sixt a councell , we doe protest before god , and all the orders of angels , in the presence of the prophets and apostles , and all the company of martyrs , and before all the catholike church , and assemblies of the christians ; that no man shall goe about to seeke the destruction of the king : no man shall touch the life of the prince ; no man shall depriue him of the kingdome ; no man by any tyrannicall presumption shall vsurpe to himselfe the soueraigntie of the kingdome ; no man by any machination shall in his aduersitie associate to himselfe any packe of conspirators against him ; and that if any of vs shal be presumptuous by rashnesse in any of these cases , let him be strickē with the anatheme of god , and reputed as condemned in eternall iudgement without any hope of recouery . and in the tenth b councell ( to omit diuers others held also at toledo ) it is said ; that if any religious man , euen from the bishop to the lowest order of the church-men or monkes , shall be found to haue violated the generall oathes made for the preseruation of the kings person , or of the nation and countrey with a profane minde ; forthwith let him be depriued of all dignitie , and excluded from all place and honour . the occasion of the decrees made for this oath , was , that the christians were suspected for want of fidelitie to their kings ; and did either equiuocate in taking their oath , or make no conscience to keepe it , when they had giuen it : as may appeare by sundry speeches in the a councell , saying , there is a generall report , that there is that perfidiousnes in the mindes of many poeple of diuerse nations , that they make no conscience to keepe the oath and fidelitie that they haue sworne vnto their kings : but doe dissemble a profession of fidelitie in their mouthes , when they hold an impious perfidiousnes in their minds . and b againe , they sweare to their kings , and yet doe they preuaricate in the fidelitie which they haue promised : neither do they feare the volume of gods iudgement , by the which the curse of god is brought vpon them , with great threatning of punishments , which doe sweare lyingly in the name of god. to the like effect spake they in the councel of a aquisgran : if any of the bishops , or other church-man of inferiour degree , hereafter thorow feare or couetousnes , or any other perswasion , shall make defection from our lord the orthodoxe emperour lodowicke , or shall violate the oath of fidelitie made vnto him , or shall with their peruerse intention adhere to his enemies ; let him by this canonicall and synodall sentence be depriued of whatsoeuer place hee is possessed of . and now to come to a particular answere of his letter . first as concerning the sweete memory hee hath of his old acquaintance with the arch-priest ; it may indeed be pleasing for him to recount : but sure i am , his acquaintance with him and the rest of his societie , our fugitiues ( whereof he also vanteth himselfe in his preface to the reader in his booke of controuersies ) hath prooued sowre to vs and our state. for some of such priests and iesuits , as were the greatest traitours and fomenters of the greatest conspiracies against the late queen , gaue vp father robert bellarmine for one of their greatest authorities and oracles . and therefore i doe not enuie the great honor he can win , by his vaunt of his inward familiaritie with an other princes traitours and fugitiues : whom vnto if he teach no better maners then hitherto he hath done , i thinke his fellowship are little beholding vnto him . and for desiring him to remember him in his prayers at the altar of the lord : if the arch-priests prayers prooue no more profitable to his soule , then bellarmines counsel is like to proue profitable , both to the soule and body of blackwel ( if he would follow it ) the author of this letter might very wel be without his prayers . now the first messenger that i can finde , which brought ioyfull newes of the archpriest to bellarmine , was he that brought the newes of the arch-priests taking , and first appearance of martyrdome . a great signe surely of the cardinals mortification , that he was so reioyced to heare of the apprehension , imprisonment and appearance of putting to death of so old and deare a friend of his . but yet apparantly he should first haue bene sure , that he was onely to be punished for cause of religion , before hee had so triumphed vpon the expectation of his martyrdome . for first , by what rule of charitie was it lawfull for him to iudge me a persecutour , before proofe had bene made of it by the said arch-priestes condemnation and death ? what could hee know , that the said arch-priest was not taken vpon suspicion of his guiltinesse in the powder-treason ? what certaine information had he then receiued vpon the particulars , whereupon hee was to be accused ? and last of all , by what inspiration could he foretell whereupon hee was to bee accused ? for at that time there was yet nothing layed to his charge . and if charitie should not be suspicious , what warrant had he absolutely to condemne mee of vsing persecution and tyrannie , which could not be but emplied vpon me , if blackwel was to be a martyr ? but surely it may iustly be said of bellarmine in this case , that our sauiour christ saith of all worldly and carnall men , who thinke it enough to loue their a friends and hate their enemies ; the limits of the cardinals charitie extending no farther , then to them of his owne profession . for what euer he added in superfluous charitie to blackwel , in reioycing in the speculation of his future martyrdome ; he detracted as much vniustly and vncharitably from me , in accounting of me thereby as of a bloody persecutour . and whereas this ioy of his was interrupted by the next messenger , that brought the newes of the said arch-priest his failing in his constancie , by taking of this oath ; he needed neuer to haue bene troubled , either with his former ioy or his second sorrow , both being alike falsly grounded . for as it was neuer my intention to lay any thing vnto the said arch-priests charge , as i haue neuer done to any for cause of conscience ; so was blackwels constancie neuer brangled by taking of this oath ; it being a thing which he euer thought lawfull before his apprehension , and whereunto hee perswaded all catholikes to giue obedience ; like as after his apprehension , he neuer made doubt or stop in it ; but at the first offering it vnto him , did freely take it , as a thing most lawfull ; neither meanes of threatning or flatterie being euer vsed vnto him , as himselfe can yet beare witnesse . and as for the temperature and modification of this oath ; except that a reasonable and lawfull matter is there set downe in reasonable & temperate words , agreeing thereunto : i know not what he can meane , by quarelling it for that fault . for no temperatnes nor modifications in words therein , can iustly be called the deuils craft , when the thing it selfe is so plaine , and so plainely interpreted to all them that take it ; as the onely troublesome thing in it all , bee the words vsed in the end thereof , for eschewing aequiuocation and mentall reseruation . which new catholique doctrine , may farre iustlier bee called the deuils craft , then any plaine and temperate words , in so plaine and cleare a matter . but what shal we say of these strange countrey clownes , whom of with the satyre we may iustly complaine , that they blovv both hote and cold out of one mouth ? for luther and our bolde and free speaking writers are mightily railed vpon by them , as hot brained fellovves , and speakers by the deuils instinct : and novv if vve speake moderately and temperately of them , it must bee tearmed the deuils craft . and therefore we may iustly complaine vvith christ , that when we a mourne , they wil not lament : and when vve pipe , they vvill not dance . but neither iohn baptist his seueritie , nor christ his meekenesse and lenitie can please them , vvho build but to their owne monarchie vpon the ground of their ovvn traditions ; and not to christ vpon the ground of his word and infallible trueth . but vvhat can bee meant by alleadging , that the craft of the deuill herein , is onely vsed for subuersion of the catholique faith , and euersion of s. peters primacie ; had need bee commented anevv by bellarmine himselfe . for in all this letter of his , neuer one vvord is vsed , to proue that by any part of this oath the primacy of s. peter is any vvay medled vvith , except master bellarmine his bare alledging ; which without prouing it by more cleare demonstration , can neuer satisfie the conscience of any reasonable man. for ( for ought that i know ) heauen and earth are no farther asunder , then the professon of a temporall obedience to a temporall king , is different from any thing belonging to the catholique faith , or supremacie of s. peter . for as for the catholique faith ; can there bee one word found in all that oath , tending or sounding to matter of religion ? doeth he that taketh it , promise there to beleeue , or not to beleeue any article of religion ? or doeth he so much as name a true or a false church there ? and as for s. peters primacie ; i know no apostles name that is therein named , except the name of iames , it being my christen name : though it please him not to deigne to name me in all the letter , albeit , the contents thereof concerne me in the highest degree . neither is there any mention at all made therein , either disertis verbis , or by any other indirect meanes , either of the hierarchie of the church , of s. peters succession , of the sea apostolike , or of any such matter : but that the author of our letter doeth brauely make mention of s. peters succession , bringing it in comparison with the succession of henry the eight . of which vnapt and vnmannerly similitude , i wonder hee should not bee much ashamed . for as to king henries successour ( which he meaneth by mee ) as i , i say , neuer did , nor will presume to create any article of fayth , or to bee iudge thereof ; but to submit my exemplary obedience vnto them , in as great humilitie as the meanest of the land : so if the pope could bee as well able to proue his either person all or doctrinall succession from s. peter , as i am able to proue my lineall descent from the kings of england and scotland ; there had neuer been so long adoe , nor so much sturre kept about this question in christendome ; neither had a m. bellarmine himselfe needed to haue bestowed so many sheetes of paper de summo pontifice , in his great bookes of controuersies : and when all is done , to conclude with a morall certitude , and a piè credēdum : bringing in the b popes , that are parties in this cause , to bee his witnesses : and yet their historicall narration must be no article of faith . and i am without vantrie sure , that i doe farre more neerely imitate the worthy actions of my predecessors , then the popes in our age can be well proued to be similes petro , especially in cursing of kings , and setting free their subiects from their allegiance vnto them . but now we come to his strongest argument ; which is , that he would alledge vpon me a panick terrour , as if i were possessed with a needlesse feare . for , saith the cardinall , from the beginning of the churches first infancie , euen to this day , where was it euer heard , that euer a pope either commanded to be killed , or allowed the slaughter of any prince whatsoeuer , whether he were an hereticke , an ethnike or persecutor ? but first , wherefore doth he here wilfully , and of purpose omit the rest of the points mentioned in that oath , for deposing , degrading , stirring vp of arms or rebelling against them , vvhich are as vvell mentioned in tha● oath , as the killing of them ? as being all of one consequence against a king , no subiect being so scrupulous , as that hee will attempt the one , and leaue the other vnperformed if he can . and yet surely i cannot blame him for passing it ouer , since he could not otherwise haue eschewed the direct belying of himselfe in tearmes , which hee now doeth but in substance and effect . for a as for the popes deposing and degrading of kings , hee maketh so braue vaunts and bragges of it in his former bookes , as he could neuer with ciuil honesty haue denied it here . but to returne to the popes allowing of killing of kings , i know not with what face hee can sent so stout a deniall vpon it against his owne knowledge . how many emperors did the pope raise warre against in their owne bowels ? who as they were ouercome in battaile , were subiect to haue bene killed therein ; which i hope the pope could not but haue allowed , when hee was so farre inraged at b henry the fift for giuing buriall to his fathers dead corps , after the e pope had stirred him vp to rebell against his father , and procured his ruine . but leauing these old histories to bellarmines owne bookes that doe most authentically cite them , as i haue already said ; let vs turne our eyes vpon our owne time , and therein remember what a panegyrik a oration was made by the pope , in praise and approbation of the frier and his fact , that murthered king henry the third of france who was so farre from either being heretike , ethnike or persecutor in their account , that the said popes owne wordes in that oration are , that a true frier hath killed a counterfeit frier . and besides that vehement oration and congratulation for that fact ; how neere it scaped , that the said frier was not canonized for that glorious acte , is better knowen to bellarmine and his followers , then to vs here . but sure i am , if some cardinals had not beene more wise and circumspect in that errand , then the pope himselfe was , the popes owne kalender of his saints would haue sufficiently proued bellarmine a liar in this case . and to draw yet nerer vnto our selues ; how many practises and attempts were made against the late queenes life , which were directly enioyned to those traitours by their confessors , and plainely authorized by the popes allowance ? for verification whereof there needes no more proofe , then that neuer pope either then or since , called any church-man in question for medling in those treasonable conspiracies ; nay , the cardinals owne s. sanderus mentioned in his letter could well verifie this trueth , if he were aliue ; and who will looke his bookes , will find them filled with no other doctrine then this . and what difference there is betweene the killing or allowing the slaughter of kings , and the stirring vp and approbation of practises to kil them ; i remit to bellarmines owne iudgement . it may then very clearely appeare , how strangely this authours passion hath made him forget himselfe , by implicating himselfe in so strong a contradiction against his owne knowledge and conscience , against the witnesse of his former bookes , and against the practise of our owne times . but who can wonder at this contradiction of himselfe in this point , when his owne great volumes are so filled with contradictions ? which when either he , or any other shall euer be able to reconcile , i wil then beleeue that he may easily reconcile this impudent strong deniall of his in his letter , of any popes medling against kings , with his owne former bookes , as i haue alreadie said . and that i may not seeme to imitate him in affirming boldly that which i no wayes proue ; i will therefore send the reader to looke for witnesses of his contradictions , in such places heere mentioned in his owne booke . in his booke , of a iustification , there he affirmeth , that for the vncertaintie of our owne proper righteousnes , and for auoiding of vaine glory , it is most sure and safe , to repose our whole confidence in the alone mercie and goodnes of god ; b which proposition of his , is directly contrary to the discourse , and current of all his fiue bookes de iustificatione , wherein the same is conteined . god doeth not encline a man to euill , neither c naturally or morally . presently after he affirmeth the contrary , that god doeth not encline to euill naturally , but d morally . all the fathers teach constantly , that e bishops do succeede the apostles , and priestes the seuentie disciples . elsevvhere he affirmeth the contrary , that f bishops do not properly succeed the apostles . that g iudas did not beleeue contrary , that h iudas was iust and certainely good . the keeping of the i law according to the substance of the worke , doeth require that the commandement be so kept , that sinne be not committed , and the man bee not guiltie for hauing not kept the commandement . contrary , k it is to bee knowen , that it is not all one , to doe a good morall worke , and to keepe the commandement according to the substance of the worke . for the commandement may be kept according to the substance of the worke , euen with sinne ; as if one should restore to his friend the thing committed to him of trust , to the end that theeues might afterward take it from him . l peter did not loose that faith , whereby the heart beleeueth vnto iustification . contrary , m peters sinne was deadly . n antichrist shall bee a magician , and after the maner of other magicians shall secretly worship the deuill . o contrary , he shall not admit of idolatrie : he shall hate idoles , and reedifie the temple . by the words of p consecration the true and solemne oblation is made . contrary , the sacrifice doeth not consist in the words : but in the q oblation of the thing it selfe . r that the ende of the world cannot bee knowen . ſ contrary , after the death of antichrist , there shall bee but fiue and fourtie daies till the ende of the world . t that the tenne kings shall burne the scarlet whoore , that is rome . u contrary , antichrist shall hate rome , and fight against it , and burne it . x the name of vniuersall bishop may be vnderstood two wayes ; one way , that hee which is said to be vniuersal bishop , may be thought to be the onely bishop of all christian cities ; so that all others are not indeed bishops , but only vicars to him , who is called vniuersal bishop : in which sense , the pope is not vniuersall bishop . contrary , all ordinary y iurisdiction of bishops doeth descend immediatly from the pope ; and is in him , and from him is deriued to others . which few places i haue onely selected amongst many the like , that the discret and iudicious reader may discerne ex vngue leonem . for when euer hee is pressed with a weightie obiection , he neuer careth , nor remembreth how his solution and answere to that , may make him gainesay his owne doctrine in some other places , so it serue him for a shift to put off the present storme withall . but now to returne to our matter againe : since popes , saith hee , haue neuer at any time medled against kings , wherefore , i pray you , should onely the king of england bee afraid of that , whereof neuer christian king is , or was afraid ? was neuer chistian emperour or king afraid of the popes ? how then were these miserable emperours tost and turmoiled , and in the end vtterly ruined by the popes : for proofe whereof i haue already cited bellarmines owne bookes ? was not the a emperour afraid , who b waited bare-footed in the frost and snow three dayes at the popes gate , before hee could get entrie ? was not the c emperour also afraide , d who was driuen to lie agroofe on his belly , and suffer another pope to tread vpon his necke ? and was not another e emperour afraide , f who was constrained in like manner to indure a third pope to beat off from his head the imperiall crowne with his foote ? was not g philip afraid , being made emperour against pope innocentius the thirds good liking , when he brake out into these wordes , either the pope shal take the crowne from philip , or philip shal take the miter from the pope ? whereupon the pope stirred vp ottho against him , who caused him to be slaine ; and presently went to rome , and was crowned emperour by the pope , though afterward the pope h deposed him too . was not the emperour i fredericke afraide , when innocentius the fourth excommunicated him , depriued him of his crowne , absolued princes of their oath of fidelitie to him , and in apulia corrupted one to giue him poison ? whereof the emperour recouering , hee hired his bastard sonne manfredus to poyson him ; wherof he died . what did k alexander the third write to the soldan ? that if he would liue quietly , he should by some sleight murther the l emperour ; and to that ende sent him the emperours picture . and did not m alexander the sixt take of the turke baiazetes two hundred thousand crownes to kill his brother gemen ; or as some call him , si●imus , whom hee held captiue at rome ? did hee not accept of the conditions to poyson the man , and had his pay ? was not our n henry the second afraide after the slaughter of thomas becket ; that besides his going bare-footed in pilgrimage , was whipped vp and downe the chapter-house like a schoole-boy , and glad to escape so too ? had not this french king his great grandfather king iohn reason to bee afraid , when the o pope gaue away his kingdome of nauarre to the king of spaine , whereof he yet possesseth the best halfe ? had not this king , his successour reason to be afraid , when he was forced to begge so submissiuely the relaxation of his excommunication , as hee was content likewise to suffer his ambassadour to be whipped at rome for penance ? and had not the late queene reason to looke to herselfe , when she was excommunicated by pius quintus , her subiects loosed from their fidelity and allegiance toward her , her kingdome of ireland giuen to the king of spaine , and that famous fugitiue diuine , honoured with the like degree of a red hat as bellarmine is , was not ashamed to publish in print an a apologie for stanlies treason , maintaining , that by reason of her excommunication and heresie , it was not onely lawfull for any of her subiects , but euen they were bound in conscience to depriue her of any strength , which lay in their power to doe ? and whether it were armies , townes , or fortresses of hers which they had in their hands they were obliged to put them in the king of spaine her enemies hands , shee no more being the right owner of any thing ? but albeit it be true , that wise men are mooued by the examples of others dangers to vse prouidence and caution , according to the olde prouerbe , tum tua res agitur , paries cùm proximus ardet : yet was i much neerlie summoned to vse this caution , by the practise of it in mine owne person . first , by the sending forth of these bulles , whereof i made mention already , for debarring me from entrie vnto this crowne , and kingdome . and next after my entry , and full possession thereof , by the horrible powder-treason , which should haue bereft both me and mine , both of crowne and lif● . and howsoeuer the pope wil seeme to cleare himselfe of any allowance of the sayd powder-treason ; yet can it not be denyed , that his principall ministers here , and his chiefe mancipia the iesuites , were the plaine practisers thereof : for which the principall of them hath died confessing it , and other haue fled the countrey for the crime ; yea , some of them gone into italy : and yet neither these that fled out of this countrey for it , nor yet baldwine , who though he then remained in the lowe-countreyes , was of counsell in it , were euer called to account for it by the pope : much lesse punished for medling in so scandalous and enormous businesse . and now what needs so great wonder and exclamation , that the onely king of england feareth : and what other christian king doeth , or euer did feare , but he ? as if by the force of his rhetoricke he could make me and my good subiects to mistrust our senses , denie the sunne to shine at midday , and not with the serpent to stop our eares to his charming , but to the plaine and visible veritie it selfe . and yet for all this wonder , hee can neuer proue me to be troubled with such a panick terrour . haue i euer importuned the pope with any request for my securitie ? or haue i either troubled other christian princes my friends & allies , to intreat for me at the popes hand ? or yet haue i begged from them any aide or assistance for my farther securitie ? no. all this wondred-at feare of mine , stretcheth no further , then wisely to make distinction betweene the sheepe and goats in my owne pasture . for since , what euer the popes part hath bene in the powder-treason ; yet certaine it is , that all these caitife monsters did to their death maintaine , that onely zeale of religion mooued them to that horrible attempt : yea , some of them at their death , would not craue pardon at god or king for their offence : exhorting other of their followers to the like constancie . had not wee then , and our parliament great reason , by this oath to set a marke of distinction betweene good subiects and bad ? yea , between papists , though peraduenture zealous in their religion , yet otherwise ciuilly honest and good subiects , and such terrible firebrands of hell , as would maintaine the like maximes , which these powder-men did ? nay , could there bee a more gracious part in a king , suppose i say it , toward subiects of a contrary religion , then by making them to take this oath , to publish their honest fidelitie in temporall things to mee their soueraigne , and thereby to wipe off that imputation and great slander which was laid vpon the whole professors of that religion , by the furious enterprise of these powder-men ? and wheras for illustration of this strong argument of his , hee hath brought in for a similitude the hystorie of a iulian the apostata his dealing with the christians , when as he straited them , either to commit idolatrie , or to come within the compasse of treason : i would wish the authour to remember , that although a similitude may bee permitted claudicare vno pede ; yet this was a very ill chosen similitude , which is lame both of feet and hands , and euery member of the body . for i shall in few words prooue , that it agreeth in no one point , saue one , with our purpose , which is , that iulian was an emperour , and i a king. first , iulian was an apostata , one that had renounced the whole christian faith , which hee had once professed , and became an ethnike againe , or rather an atheist : whereas i am a christian , who neuer changed that religion , that i dranke in with my milke : nor euer , i thanke god , was ashamed of my profession . iulian dealt against christians onely for the profession of christes cause : i deale in this cause with my subiects , onely to make a distinction betweene true subiects , and false hearted traitours . iulians end was the ouerthrow of the christians : my onely end is , to maintaine christianitie in a peaceable gouernement . iulians drift was to make them commit idolatrie : my purpose is to make my subiects to make open profession of their naturall alleagiance , and ciuill obedience . iulians meanes whereby hee went about it , was by craft , and insnaring them before they were aware : my course in this is plaine , cleare , and void of all obscuritie : neuer refusing leaue to any that are required to take this oath , to studie it at leisure , and giuing them all the interpretation of it they can craue . but the greatest dissimilitude of all , is in this : that iulian pressed them to commit idolatrie to idoles and images : but as well i , as all the subiects of my profession are so farre from guilt in this point , as wee are counted heretiques by you , because we will not commit idolatrie . so as , in the maine point of all , is the greatest contrarietie . for , iulian persecuted the christians because they would not commit idolatrie ; and yee count me a persecutour , because i will not admit idolatrie . so as to conclude this point , this olde sentence may well be applied to bellarmine , in vsing so vnapt a similitude , perdere quos vult iupiter , hos dementat . and therefore his vncharitable conclusion doeth not rightly follow : that it seemeth vnto him , that some such thing should be subtilly or fraudulently included in this oath ; as if no man can detest treason against the king , or professe ciuill subiection , except hee renounce the primacie of the apostolike sea. but how hee hath suckt this apprehension out at his fingers ends , i cannot imagine : for sure i am , as i haue oft said , hee neuer goeth about to proue it : and to answere an improbable imagination , is to fight against a vanishing shadow . it cannot bee denied indeed , that many seruants of christ , as wel priests , as others , haue endured constantly all sorts of torments , and death , for the profession of christ : and therefore to all such his examples , as he bringeth in for verifying the same , i neede not to giue him any other answere , saue onely to remember him , that he playeth the part of a sophister in all these his examples of the constancie of martyrs : euer taking controuersum pro confesso , as if this our case were of the same nature . but yet that the reader may the better discouer , not onely how vnaptly his similitudes are applied , but likewise how dishonestly hee vseth himselfe in all his citations : i haue thought good to set downe the very places themselues cited by him , together with a short deduction of the true state of those particular cases : whereby , how little these examples can touch our case ; nay , by the contrary , how rightly their true sense may bee vsed , as our owne weapons to be throwen backe vpon him that alleadgeth them , shall easily appeare . and first , for a eleazar : if the arch-priest his ground of refusing the oath , were as good as eleazars was , to forbeare to eate the swines flesh , it might not vnfitly be applyed by the cardinall to his purpose . for as eleazar was a principall scribe , so is he a principall priest : as eleazars example had a great force in it , to animate the yonger scribes to keepe the law , or in his colourable eating it , to haue taught them to dissemble : so hath the arch-priests , either to make the inferiour priests to take the oath , or to refuse it : but the ground failing , the building cannot stand . for what exampl● is there in all the scripture , in which disobedi●nce to the oath of the king , or want of allegiance is allowed ? if the cardinal would remember , that when the church maketh a law ( suppose to forbid flesh on certaine dayes ) hee that refuseth to obey it , incurreth the iust censure of the church : if a man then ought to die rather then to break the least of gods ceremoniall lawes , and to pine and starue his bodie , rather then to violate the church his positiue law : will he not giue leaue to a man to redeeme his soule from sinne , and to keepe his body from punishment , by keeping a kings politique law , and by giuing good example in his person , raise vp a good opinion in me of like allegiance in the inferiours of his order ? this application , as i take it , would haue better fitted this example . but let me remember the cardinall of another a oath inioyned by a king to his people , whereby hee indaungered his owne life , and hazarded the safety of the whole army , when hee made the people sweare in the morning not to taste of any meate vntill night : which oath he exacted so strictly , that his eldest sonne , and heiere appa●ant ionathan for breaking of it , by tasting a little hony of the top of his rod , though he heard not when the king gaue that oath , had wel nigh died for it . and shall an oath giuen vpon so vrgent an occasion as this was , for the apparant safety of me and my posterity , forbidding my people to drinke so deepely in the bitter cup of antichristian fornications , but that they may keepe so much hony in their hearts , as may argue them still espoused to me their soueraigne in the maine knot of true allegiance ; shall this law , i say , by him be condemned to hell for a stratagem of satan ? i say no more , but gods lot in the oath of sauls , and bellarmines verdict vpon this oath of ours , seeme not to be cast out of one lap . now to his example of a basil , which is ( as hee sayeth ) so fit for his purpose . first , i must obserue , that if the cardinall would leaue a common and ordinary tricke of his in all his citations , which is , to take what makes for him , and leaue out what makes against him ; and cite the authours sense , as well as his sentence , wee should not bee so much troubled with answering the ancients which he alleadgeth . to instance it in this very place : if he had continued his allegation one line further , hee should haue found this place out of theodoret , of more force to haue moued blackwel to take the oath , then to haue disswaded him from it . for in the very next words it followeth , imperatoris quidem amicitiam magni se péndere , cum pietate ; quâ remotâ , perniciosam esse dicere . but that it may appeare , whether of vs haue greatest right to this place , i will in few wordes shew the authours drift . the emperour valens being an arrian , at the perswasion of his wife , when hee had depriued all the churches of their pastours , came to caesarea , where a s. basill was then bishop , who , as the history reporteth , was accounted the light of the world . before he came , he sent his b deputy to worke it , that s. basill should hold fellowship with eudoxius ( which c eudoxius was bishop of constantinople , and the principall of the arrian faction ) or if he would not , that he should put him to banishment . now when the emperours deputie came to cesarea , hee sent for basil , intreated him honourably , spake pleasingly vnto him , desired he would giue way to the time , neither that hee would hazard the good of so many churches tenui exquisitione dogmatis : promised him the emperours fauour , and himselfe to be mediatour for his good . but s. basill answered , these intising speeches were fit to be vsed to children , that vse to gape after such things : but for them that were throughly instructed in gods word , they could neuer suffer any syllable thereof to be corrupted . nay , if need required , they would for the maintenance thereof , refuse no kinde of death . indeed the loue of the emperour ought to be greatly esteemed with pietie ; but pietie taken away , it was pernicious . this is the truth of the history . now compare the case of basill with the arch-priests : basill was solicited to become an arrian : the arch-priest not once touched for any article of faith . basill would haue obeyed the emperour , but that the word of god for bade him : this man is willed to obey , because the word of god commandeth him . basill highly esteemed the emperours fauour , if it might haue stood with pietie : the archpriest is exhorted to reiect it , though it stand with true godlinesse in deed , to embrace it . but that hee may lay load vpon the arch-priest , it is not sufficient to exhort him to courage and constancie by eleazars and basils examples ; but hee must be vtterty cast downe with the comparing his fall to s. peters , and marcellinus : which two mens cases were the most feareful , considering their persons and places , that are to be found , or read of either in all the books of diuine scripture , or the volumes of ecclesiasticall histories ; the one denying the onely true god , the other our lord & sauiour iesvs christ : the one sacrificing to idols , with the profane heathen : the other forswearing his lord and master , with the hard-hearted iewes . vnlesse the cardinall would driue the archpriest to some horrour of conscience , and pit of despaire , i know not what hee can meane by this comparison . for sure i am , all that are not intoxicated with their cup , cannot but woonder to heare of an oath of allegiance to a naturall soueraigne , to bee likened to an apostats denying of god , and forswearing of his sauiour . but to let passe the disdiapason of the cases ( as his ill-fauoured coupling s. peter the head of their church , with an apostate pope ) i maruaile he would remember this example of a marcellinus , since his brother cardinall baronius , and the late edition of the councels by b binnius seeme to call the credite of the whole history into question , saying , that it might plainely be refuted , and that it is probably to be shewed , that the story is but obreptitious , but that he would not swarue from the common receiued opinion . and if a man might haue leaue to coniecture ; so would his cardinalship too , if it were not for one or two sentences in that councell of sinuessa , which serued for his purpose : namely that , prima sedes à nemine iudicatur : and , iudica causam tuam : nostrâ sententià non condemnaberis . but to what purpose a great councel ( as he termes it ) of three hundred bishops and others , should meete together , who before they met , knew they could doe nothing ; when they were there , did nothing , but like cuckowes , sing ouer and ouer the same song : that prima sedes à nemine iudicatur : and so after three dayes sitting ( a long time indeed for a great and graue councell ) brake so bluntly vp : and yet , that there should be seuenty two witnesses brought against him , and that they should subscribe his excommunication , and that at his owne mouth he tooke the anathema maranatha : how these vntoward contradictions shal be made to agree , i must send the cardinall to venice , to padre paulo , who in his a apologie against the cardinals oppositions , hath handled them very learnedly . but from one pope , let vs passe to another : ( for , what a principall article of faith and religion this oath is , i haue alreadie sufficiently proued . ) why he called s. b gregory our apostle , i know not , vnlesse perhaps it be , for that he sent c augustine the monke , and others with him into england , to cōuert vs to the faith of christ , wherein i wish the popes his successours would follow his patterne . for albeit he sent them by diuine reuelation ( as he said ) into england vnto king ethelbert ; yet when they came , they exercised no part of their function , but by the kings leaue and permission . so did king d lucius send to eleutherius his predecessor , and hee sent him diuers bishops , who were all placed by the kings authoritie . these conuerted men to the faith , and taught them to obey the king. and if the popes in these dayes would but insist in these steps of their forefathers , then would they not intertaine princes fugitiues abroad , nor send them home , not onely without my leaue , but directly against the lawes , with plots of treason and doctrine of rebellion , to drawe subiects from their obedience to mee their naturall king : nor be so cruell to their owne mancipia , as returning them with these wares , put either a state in iealousie of them ; or them in hazard of their owne liues . now to our apostle ( since the cardinall will haue him so called ) i perswade my selfe i should doe a good seruice to the church in this my labour , if i could but reape this one fruit of it , to moue the cardinal to deale faithfully with the fathers , and neuer to alledge their opinions against their owne purpose . for , this letter of gregorius was written to iohn bishop of a palermo in sicily , to whom he granted vsum pallij , to be worne in such times , & in such order as the priests in the i le of sicily , and his predecessours were wont to vse : and withall giueth him a caueat : that the reuerence to the apostolike sea , be not disturbed by the presumption of any : for then the state of the members doth remaine sound , when the head of the faith is not bruised by any iniury , and the authoritie of the canons alwayes remaine safe and sound . now let vs examine the words . the epistle was written to a bishop , especially to grant him the vse of the pall ; a ceremony and matter indifferent . as it appeareth , the bishop - of rome tooke it well at his hands , that hee would not presume to take it vpon him without leaue from the apostolique sea , giuing him that admonition which foloweth in the words alledged out of him : which doctrine we are so far frō impugning , that we altogether approue & allow of the same , that whatsoeuer ceremonie for order is thought meet by the christian magistrat , and the church , the same ought inuiolably to bee kept : and where the head & gouernour in matters of that nature are not obeyed , the members of that church must needs run to hellish confusion . but that gregory by that terme , caput fidei , held himselfe the head of our faith , and the head of all religion , cannot stand with the course of his doctrine and writings . for first , whē an a other would haue had this stile to be called vniuersalis episcopus , hee sayd , b i doe confidently auouch , that whosoeuer calleth himselfe , or desireth to be called vniuersall bishop , in this aduancing of himselfe , is the forerunner of the antichrist . which notwithstanding was a stile far inferiour to that of caput fidei . and when it was offered to himselfe , the wordes of s. gregorie be these , refusing that title : c none of my predecessors [ bishops of rome , ] euer consented to vse this prophane name [ of vniuersall bishop . ] none of my predecessors euer tooke vpon him this name of singularity , neither consented to vse it , we the bishops of rome , do not seek , nor yet accept this glorious title , being offered vnto vs. and now , i pray you , would he that refused to be called vniuersall bishop , be stiled caput fidei , vnles it were in that sense , as i haue expressed ? which sense if he will not admit , giue mee leaue to say that of gregorie , which himselfe saith of a lyra , minus cautè locutus est : or which hee elswhere saith of chrysostome , b locutus est per excessum . to redeeme therefore our apostle out of his hands , & to let him remain ours , & not his in this case ; it is very true that he saith in that sense he spake it . whē ye go about to disturbe , diminish , or take away the authoritie or supremacie of the church , which resteth on the head of the king , within his dominions , ye cut off the head & chiefe gouernor therof , & disturb the state & members of the whole body . and for a conclusiō of this point , i pray him to think , that we are so well perswaded of the good minde of our apostle s. gregory to vs , that we desire no other thing to bee suggested to the pope and his cardinals , then our apostle s. gregory desired a sabinian to suggest vnto the emperour and the state in his time . his words be these : one thing there is , of which i would haue you shortly to suggest to your most noble lord and master : that if i his seruant would haue had my hand in slaying of the lombards , at this day the nation of the lombards had neither had king , nor dukes , nor earles , and had bin diuided asunder in vtter confusion : but because i feare god , i dread to haue my hand in the blood of any man. and thus hauing answered to s. gregory , i come to another pope , his apostle , s. leo. and that hee may see , i haue not in the former citations , quarelled him like a sophister for contentiō sake , but for finding out of the trueth , i do grant , that the authorities out of b leo , are rightly alleadged all three , the wordes truely set downe , together with his true intent and purpose : but withall , let mee tell him , and i appeale vnto his owne conscience whether i speake not truely , that what tullie said to c hortensius , when hee did immoderately praise eloquence , that he would haue lift her vp to heauen , that himselfe might haue gone vp with her ; so his s. leo lift vp s. peter with praises to the sky , that he being his a heire , might haue gone vp with him . for his s. leo was a great orator , who by the power of his eloquence redeemed rome from fire , when both b attilas and gensericus would haue burnt it . some fruits of this rhetorick he bestowed vpon s. peter , saying , the lord c did take peter into the fellowship of the indiuisible vnitie : which words being coupled to the sentence alleadged by the cardinall ( that hee hath no part in the diuine mysterie , that dare depart from the soliditie of peter ) should haue giuen him , i thinke , such a scarre , as hee should neuer haue dared to haue taken any aduātage by the words immediatly preceding , for the benefit of the church of rome , and the head therof ; since those which immediatly folow , are so much derogatory to the diuine maiestie . and againe , my d writings be strengthened by the authoritie and merit of my lord most blessed s. peter . we e beseech you to keepe the things decreed by vs through the inspiration of god , and the apostle most blessed s. peter . if a any thing be well done , or decreed by vs ; if any thing be obtained of gods mercy by daily praiers , it is to be ascribed to s. peters works and merits , whose power doth liue , & authority excell in his owne sea. he b was so plentifully watered of the very fountaine of all graces , that whereas he receiued many things alone , yet nothing passeth ouer to any other , but hee was partaker of it . and in a word , he was so desirous to extoll s. peter , that a messenger from him was an c embassage from s. peter : d any thing done in his presence , was in s. peters presence . neither did he vse all this rhetoricke without purpose : for at that time the patriarch of constantinople cōtended with him for primacie . and in the councell of e chalcedon , the bishops sixe hundred and more , gaue equall authority to the patriarch of that sea , and would not admit any priuiledge to the sea of rome aboue him ; but went against him . and yet he that gaue so much to peter , tooke nothing from caesar ; but gaue him both his titles and due , giuing the power of calling a councell to the emperour ; as it may appeare by these one or two places following of many . if it may please your a godlinesse to vouchsafe at our supplication to condescend , that you wil command a councell of bishops to bee holden within italy . and writing vnto the bishop of constantinople . because the most clement b emperor , carefull of the peace of the church , will haue a councell to be holden ; albeit it euidently appeare , the matter to be handled doeth in no case stand in need of a councell . and againe , albeit c my occasions wil not permit me to be present vpon the day of the councell of bishops , which your godlinesse hath appointed . so as by this it may well appeare , that he that gaue so much to peter , gaue also to caesar his due and prerogatiue . but yet he playeth not faire play in this , that euen in all these his wrong applied arguments and examples , he produceth no other witnesses , but the parties themselues ; bringing euer the popes sentences for approbation of their owne authoritie . now indeed for one word of his in the middest of his examples , i cannot but greatly cōmend him ; that is , that martyrs ought to indure all sorts of tortures and death , before they suffer one syllable to be corrupted of the law of god. which lesson , if hee and all the rest of his owne profession would apply to themselues , then would not the sacrament be administred sub vnâ specie , directly contrary to christes institution , the practise of the apostles and of the whole primitiue church for many hundred yeeres : then would not the priuate masses bee in place of the lordes supper : then would not the words of the a canon of the masse be opposed to the words of s. paul and s. luke , as our aduersary himselfe confesseth , and cannot reconcile them : nor then would not so many hundreths other traditions of men be set vp in their church , not only as equall , but euen preferred to the word of god. but sure in this point i fear i haue mistaken him : for i thinke he doth not meane by his diuina dogmata , the word of the god of heauen , but onely the canons and lawes of his dominus deus papa : otherwise all his primacie of the apostolike sea would not be so much sticken vpon , hauing so slender ground in the word of god. and for the great feare he hath , that the suddennes of the apprehension , the bitternes of the persecution , the weaknesse of his age , and other such infirmities might haue bene the cause of the arch-priests fall ; in this , i haue already sufficiently answered him ; hauing declared , as the trueth is , and as the said blackwel himselfe wil yet testifie , that he took this oath freely of himselfe , without any inducement therunto , either precebus or minis . but amongst all his citations , he must not forget holy sanderus and his vi●ibilis monarchia , whose person and actions i did already a little touch . and surely who will with vnpartiall eyes read his bookes , they may well thinke , that he hath deserued wel of his english roman-church ; but they can neuer thinke , but that he deserued very ill of his english soueraigne and state. witnesse his owne books ; whereout i haue made choice to set downe here these few sentences following , as flowers pickt out of so worthy a garland . a elisabeth queene of england , doth exercise the priestly act of teaching and preaching the gospel in england , with no lesse authority then christ himself , or moses euer did . the supremacy of a a woman in church matters , is from no other , then from the deuill . and of all things in generall , thus he speaketh , the b king that wil not inthrall himselfe to the popes authority , he ought not to be tolerated ; but his subiects ought to giue all diligence , that another may be chosen in his place assoone as may be . a king that is an c heretike , ought to be remoued from the kingdome that he holdeth ouer christians ; and the bishops ought to endeuour to set vp another , assoone as possibly they can . wee doe constantly d affirme , that all christian kings are so far vnder bishops and priestes in all matters appertaining to faith , that if they shall continue in a falt against christian religion after one or two admonitions , obstinately , for that cause they may and ought to be deposed by the bishops from their temporal authority they hold ouer christiās . e bishops are set ouer temporall kingdomes , if those kingdomes do submit themselues to the faith of christ . we doe iustly f affirme , that all secular power , whether regall , or any other is , of men. the g anoynting which is powred vpon the head of the king by the priest , doeth declare that he is inferiour to the priest . it is altogether against the will of a christ , that christian kings should haue supremacie in the church . and whereas for the crowne and conclusion of all his examples , he reckoneth his two english martyrs , moore and roffensis , who died for that one most weighty head of doctrine , as he alleadgeth , refusing the oath of supremacie ; i must tel him , that he hath not bene well informed in some materiall points , which doe very neerly concerne his two said martyrs . for it is cleare and apparantly to be prooued by diuers records , that they were both of them committed to the tower about a yeere before either of them was called in question vpon their liues , for the popes supremacie ; and that partly for their backwardnesse in the point of the establishment of the kings succession , wherunto the whole realme had subscribed , and partly for that one of them , to wit , fisher , had had his hand in the matter of the holy b mayd of kent , he being for his concealement of that false prophets abuse , found guiltie of misprision of treason . and as these were the principall causes of their imprisonment ( the king resting secure of his supremacie , as the realme stood then affected , but especially troubled for setling the crowne vpon the issue of his second marriage ) so was it easily to be conceiued , that being thereupon discontented , their humors were therby made apt to draw them by degrees , to further opposition against the king and his authoritie , as indeed it fell out . for in the time of their being in prison , the kings lawfull authoritie in cases ecclesiasticall being published and promulged , as wel by a generall decree of the clergie in their synode , as by an act of parliament made thereupon ; they behaued themselues so peeuishly therein , as the old coales of the kings anger being thereby raked vp of new , they were againe brought in question ; as wel for this one most weighty head of doctrine of the pope his supremacy , as for the matter of the kings marriage and succession , as by the confession of one of themselues , euen thomas moore , is euident . for being condemned , he vsed these wordes at the barre before the lords , non ignoro cur me morti adiudicaueritis ; videlicet ob id , quod nunquam voluerim assentiri in negotio matrimonij regis . that is , i am not ignorant why you haue adiudged me to death : to wit , for that i would neuer consent in the busines of the new marriage of the king. by which his owne confession it is plaine , that this great martyr himselfe tooke the cause of his owne death , to be only for his being refractary to the king in this said matter of marriage and succession ; which is but a very fleshly cause of martyrdome , as i conceiue . and as for roffensis his fellow martyr ( who could haue bene content to haue taken the oath of the kings supremacy , with a certaine modification , which moore refused ) as his imprisonment was neither onely , nor principally for the cause of supremacy , so died he but a halting and a singular martyr or witnes for that most waightie head of doctrine ; the whole church of england going at that time , in one current and streame as it were against him in that argument , diuerse of them being of farre greater reputation for learning and sound iudgement , then euer he was . so as in this point we may wel arme our selues with the cardinals own reason , where hee giueth amongst other notes of the true church , vniuersalitie for one , we hauing the generall and catholike conclusion of the whole church of england , on our side in this case , as appeareth by their booke set out by the whole conuocation of england , called , the institution of a christian man ; the same matter being likewise very learnedly handled by diuers particular learned men of our church , as by steuen gardiner in his booke de vera obedientia , with a preface of bishop boners adioyned to it , de summo & absoluto regis imperio , published by m bekinsaw , de vera differentia regiae potestatis & ecclesiasticae , bishop tonstals sermon , bishop longlands sermon , the letter of tonstall to cardinall poole , and diuers other both in english and latine . and if the bitternesse of fishers discontentment had not bene fed with his daily ambitious expectation of the cardinals hat , which came so neere as calis before hee lost his head to fil it with , i haue great reason to doubt , if he would haue constantly perseuered in induring his martyrdome for that one most waightie head of doctrine . and surely these two captaines and ringleaders to martyrdome were but ill folowed by the rest of their countrymen : for i can neuer reade of any after them , being of any great account , and that not many , that euer sealed that weighty head of doctrine with their blood in england . so as the true causes of their first falling in trouble ( wherof i haue already made mention ) being rightly considered vpon the one part ; and vpon the other the scant number of witnesses , that with their blood sealed it ; ( a point so greatly accounted of by our cardinal ) there can but smal glory redound therby to our english nation , these onely two , enoch and elias , seruing for witnesses against our antichristian doctrine . and i am sure the supremacie of kings may , and will euer be better maintained by the word of god ( which must euer bee the true rule to discerne al weighty heads of doctrine by ) to be the true and proper office of christian kings in their owne dominions , then he wil be euer able to maintaine his annihilating kings , & their authorities , together with his base & vnreuerend speeches of them wherewith both his former great volumes , and his late bookes against venice are filled . in the old testament , kings were directly a gouernours ouer the church within their dominions ; b purged their corruptions ; reformed their abuses , brought the c arke to her resting place , the king d dancing before it ; e built the temple ; f dedicated the same , assisting in their owne persons to the sanctification thereof ; g made the booke of the law new-sound , to be read to the people ; h renewed the couenant betweene god and his people ; * brused the brasen serpent in pieces , which was set vp by the expresse cōmandement of god , and was a figure of christ ; destroyed i all idols , and false gods ; made k a publike reformation , by a commission of secular men and priests mixed for that purpose ; deposed l the hie priest , and set vp another in his place : and generally , ordered euery thing belonging to the church-gouerment , their titles and prerogatiues giuen them by god , agreeing to these their actions . they are called the m sonnes of the most high , nay , gods n themselues ; the o lords anoynted ; sitting p in gods throne ; his q seruants ; the angels r of god ; according to his ſ hearts desire ; the light t of israel ; the u nursing fathers of the church , with innumerable such stiles of honor , wherwith the old testament is filled ; wherof our aduersary can pretend no ignorance . and as to the new testament , euery soule is commaunded to be subiect vnto them , euen for x conscience sake . all men y must bee prayed for ; but especially kings , and those that are in authority , that vnder them we may lead a godly , peaceable and an honest life . the a magistrate is the minister of god to doe vengeance on him that doth euill , & reward him that doeth well . ye must obey all higher powers , but b especially princes , and those that are supereminent . giue euery man his due , feare c to whom feare belongeth , and honour to whome honour . giue d vnto caesar what is caesars , and to god what is gods. e regnum meum non est huius mundi . f quis me constituit iudicem super vos ? g reges gentium dominantur eorum , vos autem non sic . if these examples , sentences , titles , and prerogatiues , and innumerable other in the old and new testament , do not warrant christian kings , within their owne dominions , to gouerne the church , as well as the rest of their people , in being custod es vtriusque tabulae , not by making new articles of faith , ( which is the popes office , as i saide before ) but by cōmanding obedience to be giuen to the word of god , by reforming the religion according to his prescribed will , by assisting the spiritual power with the temporal sword , by reforming of corruptions , by procuring due obedience to the church , by iudging and cutting off all friuolous questions and schismes , as a constantine did ; and finally , by making decorum to bee obserued in euery thing , & establishing orders to be obserued in al indifferent things for that purpose , which is the only intent of our oath of supremacy : if this office of a king , i say , doe not agree with the power giuen him by gods word , let any indifferent man voyd of passion , iudge . but how these honourable offices , styles , and prerogatiues giuen by god to kings in the old & new testament , as i haue now cited , can agree with the braue stiles and titles that bellarmine giueth thē , i can hardly conceiue . . that kings are rather slaues then lords . . that they are not only subiects to popes , to bishops , to priests , but euen to deacons . . that an emperour must content himselfe to drinke , not onely after a bishop , but after a bishops chaplen . . that kings haue not their authority nor office immediatly from god , nor his lawe , but onely from the law of nations . . that popes haue degraded many emperours , but neuer emperour degraded the pope ; nay , euen * bishops , that are but the popes vassals , may depose kings , and abrogate their lawes . . that church-men are so farre aboue kings , as the soule is aboue the body . . that kings may be deposed by their people , for diuers respects . . but popes can by no meanes bee deposed : for no flesh hath power to iudge of them . . that obedience due to the pope , is for conscience sake . . but the obedience due to kings , is onely for certaine respects of order and policie . . that these very church-men that are borne , and inhabite in soueraigne princes countreys , are notwithstanding not their subiects , and cannot be iudged by them , although they may iudge them . . and , that the obedience that churchmen giue to princes , euen in the meanest and meere temporall things , is not by way of any necessary subiection , but onely out of discretion , and for obseruation of good order and custome . these contrarieties betweene the booke of god , and bellarmines books , haue i heere set in opposition ech to other , vt ex contrarijs iuxta se positis , veritas magis elucescere possit . and thus farre i dare boldly affirme , that whosoeuer will indifferently weigh these irreconciliable contradictions here set downe , wil easily confesse , that christ is no more contrary to beliall , light to darkenesse , and heauen to hell , then bellarmines estimation of kings , is to gods. now as to the conclusion of his letter , which is onely filled with strong and pithy exhortations , to perswade and confirme blackwell to the patient and constant induring of martyrdome , i haue nothing to answere , saue by way of regrate ; that so many good sentences drawen out of the scripture , so well and so handsomely packed vp together should bee so ill and vntruely applied . but an euill cause is neuer the better for so good a cloake ; and an ill matter neuer amended by good words : and therefore i may iustly turne ouer that craft of the deuill vpon himselfe , in vsing so holy-like an exhortation to so euill a purpose . only i could haue wished him , that hee had a little better obserued his decorum herein , in not letting slip two or three prophane wordes amongst so many godly mortified scripture sentences . for in all the scripture , especially in the new testament , i neuer read of pontifex maximus . and the pope must be content in that stile to succeed according to the lawe and institution of numa pompilius , and not to s. peter , who neuer heard nor dreamed of such an office . and for his caput fidei , which i remembred before , the apostles ( i am sure ) neuer gaue that stile to any , but to christ . so as these stiles , wherof some were neuer found in scripture , and some were neuer applied but to christ in that sense , as he applieth it , had bene better to haue beene left out of so holy and mortified a letter . to conclude then this present discourse , i heartily wish all indifferent readers of the breues and letter , not to iudge by the speciousnes of the words , but by the weight of the matter ; not looking to that which is strongly alledged , but iudiciously to consider what is iustly prooued ; and for all my own good and naturall subiects , that their hearts may remaine established in the trueth ; that these forraine inticements may not seduce them from their natall and naturall duetie ; and that all , aswell strangers , as naturall subiects , to whose eyes this discourse shall come , may wisely and vnpartially iudge of the veritie , as it is nakedly here set downe , for clearing these mists and cloudes of calumnies , which were iniustly heaped vpon mee ; for which ende onely i heartily pray the courteous reader to be perswaded , that i tooke occasion to publish this discourse . notes, typically marginal, from the original text notes for div a -e a a being a proper word to expresse the true meaning of tortus . b b p. . c c p. . pag. . p. . p. . p. . p. . ibid. p. . a a senten . card. baron , super excom : venet. lib. de cler. cap. . a a sigebert , ad ann . . walthram . naumburg . lib. de episc , inuestitura . mart. polon . ad ann . . theod. à niem . de priuileg . & iurib. imper. & dist . . c. hadrian . . b b see platin. in v●t . pel●g . . gregor . . & seuerini . c c lib. de clericis . d d in chron. ad ann . . e e in vit . agathon & anast . in vit . eiusd . agath . & herm. contract ad ann . . aedit . poster . & dist . . c. agatho . f f iuitpr . hist . lib. c. , . rhegino ad an . . & platin in vit . ioan. . g g marianus scot. sigeb . abbas . vrsp . ad ann . . & platin in vit . greg. . h h walthram . naumburg . in lib. li● . de inuest . episc . vixit circae ann . . i i see annales franciae nicolai . gillij in philip. pulchro . k k anno ex arrestis senatus parisiens . l l ioan. maierius , lib. de scismat . & concil . o o matt. teris . in henr. . anno ● . p p idem ibid. ann . . q q idem . ibid. anno . . r r ex archiuis regni . a a lib. . con . cresconium . cap. . b b lib. . de ve●b . dei. c. . a a luc. . . b b ibid. ver . . matth . . colos . . . a a luke . luc. . . * * iubilees , in dulgences , satisfactions for the dead , &c. lib. de purgat cap. . iohn . a a bellar lib. . de rom. pont. cap. . page . luk. . . iohn . . matth. . . . cor. . . act. . , . cor. . . galat. . ● gal . . bellar. de rom. pont. lib. . cap . libello aduersus haereses . . pet. . . . thes . . verse . verse , . psal . . . . thes . . . verse . verse . verse . * * for so doeth tortus call rome when it was spoiled by them , though it was christian many yeres before . a a verse . vers . . . bellar. lib. . de euchar. cap. . reuel . . . vers . . vers . . vers . cap. . . vers . . chap. . . matt. . . acts . . reuel . . . cap. . . cap. , . verse . reuel . . . & cap. . cap. . cap. . . . matth. . . matth. . a a reuel . . . and . . b b matth. . bellar. de rom. pont. lib. . cap. . mat. . . and . . mar. . . matt. . . malac. . . matth . a a this obscuring of the sunne was so extraordinary and fearfull , that dionysius , onely led by the light of nature and humane learning , cryed out at the sight thereof , aut deuspatitur , aut vices patientis dolet . mala. . . eccle. . mala. . . eccles . a a p. . mat. . lib. . lib. cont . iadaeos . cap. . . thes . . reuelat. . reuel . . . lib de gra. ●rimi homini : gene. . rom. . . gene. . . . king. . , . cardinall peron . luke . . iohn . , . made by bonauentura doctor seraphicus . iohn . . a a reue. . . b b ibid. see expositio m●ssae , annexed to ordo romanus , set forth by g. cassander . verse . colos . . . verse . chro . . verse . verse . reuel . . . . cor. . . reuel . . . a a printed at venice anno . verse . . . deut. . . reuel . . . a a sauguis martyrum est semen eccles . verse . actes . . reuel . . . cap. . verse . verse . verse . verse . a a from the time of constantine the great his remouing of the empire from rome to constantinople , t● the time of boniface the third , to w●t , ●bout . yeeres verse . a a not in respect of the extent , and limites of the empire : but in regard of the gouernement therof , and glory of the citie . reuel . xviij . verse . and . verse . . . verse . verse . . description of antichrist reuel . cap. vj verse . verse . verse . verse . a a or them , after other translations , whereby is ioyntly vnderstood the said pale horse , together with his rider and cōuoy , death and hell. verse . verse . verse . the second description . verse . verse . verse . verse . matth. . . verse . . verse . lib. de cultu adoration . lib. . disp . . cap. . verse . cap. . ver . verse . cap. xj . verse . cap. xj . verse . the third description . cap. xij . verse . verse . cap. xiij . verse . verse . verse . verse . verse . verse . verse . . thes . . verse . verse . verse verse . verse . irenaeus aduersus haeres . lib. . a a epistol . lib. . cap. . cap. xiiij . verse . verse . verse . verse . verse . cap. xv . verse . chap. xvj . verse . verse . dan. . . verse . verse . verse . . verse . . the fourth description . cap. xvij . verse . verse . verse . verse . verse . verse . verse . verrse . . verse . verse . verse verse . reuel . . . verse prou. . . verse chap. xviij . verse . . verse , , , , . verse , . verse . a a henry . k. of france . b b henry . verse . verse * * cornicula aesopica . verse cap. xix . verse . verse . * * bellar. in resad gerson . consid . . verse verse . cap. . ibidem . verse , cap. xx . verse verse verse . verse . verse , , matth. chap. xxj . xxij a a lib. de clericis , cap. . b b lib. de episcopatibus , titulis & diaconijs cardinalium . rom. . . pet. . . actes . . actes . . a a . sam. . b b . sam. . . . actes . cyprian . lib. . epist . . . king. . . king . , ● . isai . . verse . iohn . . a a . tim. . . b b ibid. c. . . actes . . abac. . notes for div a -e a a gen . . the pope his first breue . the oath . a a magno cum animi moerore , &c. the intendement of this discourse . a a iosh . . . b b iere. . . c c exod. . . d d ezra . . . e e rom . . f f augusi●in psal . . g g tertul●ad scap. h h iust . martyr apol. . ad ant. imperat. i i amb. in orat cont . auxent●ū de basilicis traden . habetur lib. . epist . amb. k k optat. contra parmen . lib. . l l greg. mag. epist. lib. . indict . . epist . . m m concil . arelatense sub carolo mag. can. · a a vide epistolam generalis conc. ephes . ad august . b b iohn . . c c mat. . . question . answere to the popes exhortation . fama vires acquirit eundo . a a eusebius , occumemus and leo hold , that by babylon in . pet. . rome is meant , as the rhemists themselues confesse . b b see the relation of the whole proceedings against the traitors , garnet and his confederates . the catholikes opinion of the breue the second breue . a double oath of euery subiect . a great mistaking of the state of the question and case in hand . the difference betweene the oath of supremacie , and this of allegiance . touching the pretended councel of lateran . see plat. in vita innocen . iii. the oath of allegiance confirmed by the authoritie of ancient councels . the ancient councels prouided for equiuocation the difference between the ancient councels , and the pope counselling of the catholikes . concil . toletan . can . ann. . a a concil . toletan . . can. . anno . . b b synod . toletan . vniuersalis , & magna synodus dicta , syn. t●l . ca. . a a concil . tolet . . can. anno . b b concil . tolet. can. . aera . . a a concil . toletan . . cap. . b b concil . tolet . cap . a a concil . a. quisgran sub ludou . pio , & greg. . can. . anno . campian and hart. see the conference in the tower. the cardinals charitie . a a mat. . . a a matth. . no decision of any point of religion in the oath of allegiance . a a bellar. de rom. pont. lib. . cap. . ibid. lib. . ca b b idem . ibidem lib. . cap. . the cardinals weighiest argument . a a bellar. de rom. pont. lib. . cap. . & lib. . cap. . b b gotfrid . vite●b . helmod . cuspinian . e e pascal . . a a see the oration of sixtus quintus , made in the consistory vpon the death of henry the . a a bellar de iustif . lib. . cap. . b b contrary to all his fiue bookes de iustificatione . c c bellar. de amis . gra . & s●at . pecca . lib. . cap. . d d ibidem paulò pòst . e e bellar. de cleicis , lib. . cap. ● . f f bellar. de p●nt . lib. cap. ● . g g bellar. de ●ont . lib. . cap. ● . h h b●llar . de ●ustif . lib. . cap. . i i bellar. de gra & lib. arbit . lib. . cap. . k k eodem lib. ●ap . . l l bell. de pont. lib. . cap. . m m bell. de iust . ●ib . . cap. . n n bell. de rom. pontif. lib. . ●ap . . o o ibid. ex sen●ent . hypol. & ●yril . & cap. . eiusdem ●ibri . p p bellar. lib. . ●e missa . cap. q q bellar. de ●ss lib. . cap. . r r bellar. de inim . christ . ●●b . . cap. . ſ ſ bellarm. de pont. lib. . cap. . t t bellarm. de ●on . lib . cap. . u u bellarm. ibid. x x bellarm. de pont. lib. . cap. . y y bellar. de pontif . lib. cap. . a a henry . b b abbas vrspergen . lamb. scaffin . anno . plat. in vit . greg. . c c frederick babarossa . d d naucler . gener ● . iacob . bergom . in supplem chron . alsons . ciacon . in vit . alex. . e e henry . . f f r h●ueden in rich. . ranulph in polychronico . lib. . g g abbaes vrsper . ad ann. . nauc . gen . . cuspin . in philippo . h h abbas vrsper i i matth paris in henr. . petrus de vineis epist . lib. . & . & cuspin . in freder . . k k vita ●rederici germaincè conscriptae . l l frederick barbarossa . m m paul iouius histor . lib. . cuspinian . in baiazet . . guicciard . lib. . n n houeden pag. . matth. parls . in henric. ii. walsinga . in hypodig . neustriae ioan. capgraue . o o gometius de rebus gest . fran. ximenij archiepis . tolet lib. . a a card. allens answere to stan. let . anno. . a a nazianzenus in iulian. inuectiuâ primâ . the disproportion of the cardinals similitude . a a . macchabees cap. . vers● . an answere to the cardinal● example of eleazar . a a . sam. . . a a theodorit . lib. cap. . an answere to the card. example of s. basil a a theodorit . lib . cap. . b b modestus as nazianzen vpon the death of basil calleth him in his oration . c c looke cap. . eiusdem libr. the cardi. assimilating of the arch pr. case to s. peters , and marcellinus , considered· a a looke platina in vita marcellini . b b concil . tom. . pag. . looke baronius . ann. . num . . see tom. . concil . in act. concil . sinues . san . a a apol. pat. paul aduersus opposit . card. bellar. an answere to the place alledged out of s. gregory . b b greg. lib. . cap. . c c beda ecclesi . hist . gen . ang. lib. . cap. . d d beda ecclesiast . hist . gen . ang. iib. . cap. a a greg. lib. . cap. . a a iohn of constantinople . see greg. lib. . epist . . b b lib. . epist . . c c greg. lib. . epist . . & . a a bellar. de rom. pont. lib. . cap. . b b idem . lib. . de missa cap. . a a greg. lib. . epist . . an answere to the authoritie out of leo. b b leo trimus in die ass●m● . su●e ad pontif. s●rmone . leo epist . ad epist . vien . idem ibid. cap. c c cicero in hor. a a for so he calleth himselfe in serm . . in die assum . b b ex●reuiario romano . c c epist . . d d epist . . e e epist . . a a in serm . . in die anniuer . assum . suae . b b ser. . in die anni . assump . suae . c c epist . . d d epist . . e e concil . ch●lced . act. . & c●n . . a a epist . . theodosio . b b epist . . flauiano . c c epist . . theodosio . a a bellar. de sacra eucharist . lib . cap. . some of sanders his worthy sayings remembred . a a sand. de visib . monar . lib. . cap. . a a sand. de clau . dauid lib. . cap. . b b sand. de visib . monar . lib. . cap. . c c ibidem . d d ibidem . e e ibid●m . f f sand. de clau . dauid . lib. . cap. . g g ibidem . a a sand. de c●a . dauid lib. . cap. . the cardinals paice of martyrs weighed . b b called elizabeth barton . see the act of parliament . histor . aliquot mar●num nostri seculi , ann. . the supremacy of kings sufficiently warranted by the scriptures . a a . chron. . . b b . sam. . . c c . chron. . . d d . sam. . . e e . chron. . f f . chron. . g g . king. . . h h nehe. . . dauid . salomon . * * . king. . . i i · kings . . k k . chron. ● . . l l kings . . m m . sam. . . n n psal . . . & exod. . . o o . sam. . ● p p . chro. . q q . chron. . . r r . sam. . ſ ſ . sam. . t t . sam. . u u isa . . . x x rom. . . y y . tim. . . a a rom. . b b . pet. . . c c rom. . . d d matth. . . e e iohn . . f f luke g g luke . . a a euseb . lib. . de vita constaetini . . de la●cis . cap. . . de pont. lib. . cap. . . ibidem . . ibidem , & de cler . cap. . . de p. nt . lib . cap. . * * de rom. pont lib . cap. . . de laicis . cap . . de pont. lib . cap. . . de pont. lib. . cap. . . de pont. lib. cap. . de clericis cap. . . ibidem . . ibidem . concerning the care of taking the new oath of fealty and allegiance with a declaration, &c. dodwell, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) concerning the care of taking the new oath of fealty and allegiance with a declaration, &c. dodwell, henry, - . p. s.n., [london : ] reproduction of original in cambridge university library. caption title. attributed to henry dodwell. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database 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where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- great britain -- early works to . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion concerning the case of taking the new oath of fealty and allegiance with a declaration , &c. the gentlemen concerned in this case , professing still to adhere to the doctrines formerly professed and practised in our church , they cannot take it for a begging of principles , if we reason with them on those same principles which themselves have formerly owned , and which they are unwilling to have it so much as thought they have deserted . it will therefore concern them to consider whether their old notions be any way consistent with this new declaration ? the declaration is , that they conceive , that all that the oath obliges them to , is to live peaceably under the present government . if they will mean fairly and sincerely , they must necessarily intend two things : . that , though they do not think themselves obliged to be active in maintaining the government in its present possession , in opposition to the k. de jure , yet they promise at least , not to disturb the government in possession , and therefore never to be active in assisting even the k. de jure , against it . that they must mean this , if they mean veraciously , is plain from the whole design of imposing this new oath , in our present circumstances , which is , with a particular and a principal regard to the k. de jure , that the swearers may secure the possessors in opposition to him . and the oath is designedly contrived in such general terms as may reach all the cases that may fall out during the whole life of the k. de jure , at least whilest his competitors are living also . and therefore the swearers must mean , not only at present , but neither also for the future , to assist the k. de jure against his present competitors , if they will mean what is expected from them by the imposers of the oath , that is , if they will mean really , as in honesty they ought to be presumed to mean. and . they must intend not only to abstain from real disturbances of the peace ( for that might be consistent with endeavours to restore the k. de jure , as the only means of setling a peace on solid and lasting foundations ) but from such things also as shall be called and voted disturbances of the peace by the present possessors . for the design of the oath being to satisfie the possessors , the swearers ought to mean it so , as that it may in reason give them the satisfaction desired by it . but the interpretation of the oath by any others can never be meant by the imposers . and it certainly belongs to the party concerned to interpret promises made to satisfie himself , especially when he is a governour . then it may be presumed notorious what is meant by breaking the peace . that is , whatsoever it may be expected will be judged a breach of peace by them who are already possessed of all the legal tribunals in the execution of those laws which were never designed by the legislators , for the support of the government de facto , which were not also de jure . if therefore the swearers can indeed and veraciously mean these things now mentioned , i shall then confess that they may bonâ fide take the oath with the annexed declaration . but it will then deserve a further enquiry whether the duty of their former oaths be consistent with such a meaning ? that is , whether their oaths to the k. de jure , be consistent with a neutrality ? that is , whether they do not oblige them to be active in contributing towards his restauration ? for we have now to deal as i said , with such persons as own themselves still obliged by their former oaths . such all must be who stand by bp. sanderson's principles , so much magnified by them who differ extremely from him in their application . and such must all be who stand by the practices of our fathers in cromwell's days , who did not think that either cromwell's possession , or k. ch's disability to protect them , did any way excuse them from their obligations to k. ch. the ii. though neither he had taken any coronation oath to them , nor they any oath to him , otherwise than he was included in the lawful successors of his royal ancestors to whom they had sworn . let us therefore see whether these former oaths did not oblige them who took them , to be active for the interests of the prince to whom they were made . if they did , two things will thence follow against the sense of these swearers : . that these new oaths being made to our new possessors with the same design , and in the same sense of the words already known from ancient practice , must also oblige them to be active for our present possessors , which themselves will not excuse from perjury , if the action be particularly designed against the k. de jure . . that , on the same parity of reasoning , the same oaths being made to the excluded k. de jure , will also oblige swearers to be active for him , which must necessarily oblige them to do that which the possessors will certainly judge inconsistent with what they have sworn to them , that is , with living peaceably under their government . and if we were to decide this question by the practice and precedent of our church in the last case , that now mentioned one of cromwell ; it seems plain , that our brethren then thought their oaths to the royal family obliged them to be active , when a favourable occasion should serve , and not only to a bare neutrality . what should otherwise have hindred them from taking the engagement , when they might thereby have so much bettered their own condition in this world , if they might have done it without prejudicing their condition in the next ? the same pretences that are made use of now , were as truely appliable then . the government was then also already setled without k. and house of lords , without any sin of the royal party , from whom this security was required for the future . k. ch. the ii. was as unable to protect them as k. j. ii. is now . the probability of their being likely to be in any capacity of contributing to the restauration with any likelyhood of success , was then as little as it is now . and therefore , supposing that to be the only case wherein the actual obligation of their oaths for active contribution would return , as many of them do suppose ; yet the taking of the engagement had been much less culpable than the taking of this present oath is now . the only condition that can make it lawful for us to promise we will never do that which , in some circumstances we think our selves obliged to do , can only be the assurance we have at the making of the promise , that those circumstances which may reduce the obligation shall never return upon us . and therefore by how much the more or less probable the returning of those circumstances is , by so much the more a promise or an oath not to do what in those circumstances we are obliged to do , will also be more or less excusable . but whilst the controversie is depending , whilst the right is on legal ( and ch. of engl. ) principles , unquestionable there can be no excuse for promising or swearing not to do that which , in so little and not unlikely a change of circumstances , we may notwithstanding think our selves obliged to do . they say indeed , and say truly that even their former oaths could not oblige them to impossibilities ; that even the legislators and imposers of them cannot in reason be presumed to have obliged the subject to an active assistance that should certainly ruine himself without any probability of being serviceable to the government ; that therefore there can be no obligation for single subjects to oppose a k. de facto , who is once established in a full and compleat possession ; that in such a case it must therefore be lawful to live quietly , that when it is lawful to live so , it must also be lawful to promise and to swear to live so . this reasoning would indeed be very good , if the promise and the oath extended no further than the case supposed in the argument , that is , if their promise and oath were no longer to forbear active endeavours to restore the k. de jure , then their endeavours were destitute of any prospect of any probability of success , or of any other publick advantage that might make amends for the hazard to which they must thereby necessarily expose themselves . but if they would speak out , and express the limitation intended , how could they expect that such a taking the oath could ever be accepted by the imposers ? why should they thank them for swearing no more than what they must have been obliged to , though they had never sworn it , by the dictates of common prudence , and their natural concernment for their own preservation . why should they thank them for qualifying themselves for favours by seeming theirs when there was no need of them , and at the same time owning an obligation to leave and betray them in the very case in prospect of which the oath it self was designed , that is , in the time of danger , and danger from that very enemy against whom the imposers expected to be secured by this oath ? if they go no further than the case supposed , they can never give the government de facto that security that is expected . if they swear and promise more , that will be more than they can justifie by their own principles , who both suppose their former oaths to remain as obligatory now as ever , and to require more than an indifferent neutrality , and to require active endeavours for restoring the k. de jure , when ever they may attempt it with any probability of success . such , though they do not think themselves obliged to endeavour it at present , yet cannot promise , much less swear , that for the future , they will never endeavour it . this was the sense of our ancestors , and is the sense of our brethren , with whom we are at present dealing . but we will not oblige them to continue any longer of the same mind than their own principles oblige them . let us therefore see whether their other principles do not oblige them to believe the inconsistency of their present and their former oaths . indeed , if by living peaceably they mean no more than non-opposition , a perfect neutrality would satisfie the oaths on both sides , both to the k. de facto and to the k. de jure also . by not contributing to the war against the k. de jure , they would satisfie their old oaths ; and withal by not contributing to the restoration of the k. de jure , they would satisfie their new oaths to the k. de facto . but it is strange how they can fall into such a mistake as this is . there is no doubt but the possessor , whoever he be , will never be content with a bare neutrality , but will expect active assistances from his liege subjects , and this by vertue of their allegiance and their oaths . if they do not serve him in their own persons , they must at least do it by their contributions for the maintaining others to do that duty for them . and what reason can they give , why allegiance sworn to a k. de facto , should signifie more , than the same allegiance when sworn to a k. de jure . but let us lay aside the opinions of men , and consider nakedly the things themselves . the things sworn in both oaths are fealty and allegiance , terms taken from the barbarous feudal laws , and with them most certainly signifying , not a neutrality , but an active contribution . feudum among them , upon which the oath of fidelity was grounded , signified a tenure of lands by the beneficiary from the favour of the benefactor , the liege lord , on which account the tenant became his liege-man or vassal . and can we think that all this endearment and obligation was designed to hire them only to a neutrality ? no , it is plain they intended thereby to oblige them to all that gratitude that might in reason be expected from persons so beholden to them for their worldly maintenance . the duty was very much the same as between the liberti and the roman patrons . for here , as well as there , was allowed an action of ingratitude only with this difference , that whereas , among the romans , the person convicted of ingratitude was reduced into his former state of slavery , here the tenure , which alone was servile , the person being free , was forfeited on that conviction . the vassal therefore was obliged to help his lord in all wars wherein he thought the cause was just , or at least , doubted whether it might not be so . this in case of offensive wars . in defensive wars he was to help him , whatever the cause was , without exception . nay , if the lord were besieged , and by that means disabled to protect him , the vassal was yet obliged to use all his endeavours to restore him to his liberty . if he did not , that was also an ingratitude that forfeited his tenure . and therefore the doing of it must undoubtedly have been a condition of it , and therefore a a particular of the oath he was to take to his liege lord for the performance of conditions . this was the case in those feudatory tenures for which the feudal laws in the body of the civil law were framed by the modern empire . much more of the fees depending on the emperor himself , from whom these inferior feudal lords derived their authority , and that with a particular exception of such cases wherein they might any way interfere with it . and certainly the rights of the empire by these barbarous feudal laws are common to the emperour with all other soveraign princes where the same feudal laws have obtained , ( as they have done generally in these northern countreys ) but most especially to such as those of our kingdoms whose very crowns are called imperial . fealty in the new oath is called faith , and so it is by the feudalists themselves with particular regard to the etymology of feudum . as if this fealty were essential to the very notion of feudal tenure . but it is certain this fealty required more than an empty neutrality . so the collector of the books de feudis tells us in express terms : sed quia non sufficit abstinere à malo nisi fiat quod bonum est , restat ut in sex praedictis ( what those are may be seen in the place ) consilium & auxilium domino praestet , si beneficio vult dignus videri , & de fidelitate esse salvus . and it appears in all the particulars promised and sworn to , in all the oaths of fealty and allegiance . such are the concealing all the secrets of the lord , and discovering all conspiracies against him . such are also the maintaining and defending his life and limbs and terrene honour . these things are generally expresly mentioned in all the oaths of those times , in all the places and nations where-ever the feudal laws obtained , by which we may easily gather that they are not singular cases separable from the nature of feudal tenure in general . and therefore where-ever fealty and allegiance are promised and sworn in general , without any express mention of any particulars ; as we cannot be so absurd as to think no particulars are intended , ( which would make the whole oath insignificant ) so neither can we doubt , but if any were , these certainly were so . and so it always appeared in practice . whosoever had sworn fealty and allegiance , without mentioning any particulars , was notwithstanding called to an account , and deprived of his fee , if it could be proved against him , that he had violated any of the particulars now mentioned . and that this maintenance of life , and limb , and terrene honour was meant of doing it in an active way , will the more easily appear , if we consider that this was originally a military tenure . it was the tenure of a miles in that italian collection incorporated into the civil imperial laws . it is knight-service with us , of the fensible men , in the civilian language of scotland . the feudatory was obliged to keep a coat of arms , and to maintain his proportion of soldiers to be commanded by the liege lord , as often as he had occasion for them . this i take to be the original of our coats of armour , that used anciently to adorn our gentlemen's halls , that they answered the number of men at arms , that their feudatory tenants were bound to find them , and they to find their soveraign lord the king , when required by him . and personal service was generally expected at first , which made it more difficult for women to be admitted to this tenure then . however contribution of the purse towards the hire of soldiers to perform the duty for them was indispensibly expected from all . by which we easily understand how far a neutrality is from satisfying the duty of it . and now it will concern our well-meaning brethren to consider whether this same fealty thus explained as sworn to a k. de facto , and a k de jure , be any way consistent . is it possible for them to maintain the life and limbs and terrene honour of the k. de jure , without opposing the k. de facto , at the very time when he deprives the k. de jure of his terrene honour ? whilst he is engaged in an actual war against him , not only to maintain the honour he has deprived him of , but to put him also to further hazards of his life and limbs ? will not the law call all such countenancing the title of a rival prince , and living in his peace , a breach of his peace whom the law calls our soveraign lord the k ? and will not , on the other side , the same laws , as expounded by the tribunals of the k. de facto , condemn all peaceable behaviour to the k. de jure , as a breach of the peace of that k. for whom they are concerned ? and then how can they mean veraciously that they will not disturb the peace , in the sense of the present possessors ? how can they keep the secrets of the k. de jure , against the k. de facto , without violating their fealty , and breaking their oath , to the k. de facto , which ( as i have shewn ) oblige them to discover all designs and conspiracies against him ? or how can they conceal the secrets of the k. de facto , against the k. de jure , without breaking their former oaths to the k. de jure ? this was plainly the nature of this fealty and this allegiance in their first originals , that they were military duties , and therefore perfectly inconsistent with neutrality , and inconsistent also with themselves when promised to princes in hostility with each other . and several expressions in the act of h. vii . so much misunderstood of late , seems plainly to imply that this military fealty alone was that for which the favour of that act was intended . which , if true , will , by the way , cut off all others , who either hold no lands from the crown , or hold them not in military service , from even that indempnity which seems to be the uttermost favour designed by that act. afterwards this allegiance and fealty was extended farther by the oath of allegiance introduced by k. james the i. this oath might be tendred to all persons living in the kingdom above sixteen years of age , supposing therefore that even such persons living in the realm , under the king's protection , were , on the very account of their enjoying that protection , under the same obligations of gratitude to the k. that the knights were formerly , though neither soldiers by profession , nor holding any lands on that condition from the crown . this is that which we call usually natural allegiance , due on account of our being born in these kingdoms , and of those benefits in law to which we are intitled by being born subjects , of purchases , and inheritances , and benefit of wills and testaments , and some liberties of trading which strangers cannot attain to otherwise than by an act of parliament for their naturalization . and this is the present notion of allegiance alluded to in the act for imposing these present oaths . they are substituted in the room of these oaths of allegiance , and are therefore required from all persons qualified by law to take the former oath of allegiance , from all persons above sixteen years of age , though neither soldiers , nor holding any military tenures . this therefore being the fealty and allegiance concerned in our present oaths , we are further to consider whether the duties of them be consistent with a neutrality between the k. de facto , and the k. de jure ? in order whereunto i consider that the change made in this enlarged notion of allegiance is rather in the motives and inducements on which the duties are grounded , than in the duties themselves . in both allegiances the liege-man is supposed to be a beneficiary of a liege-lord , and the duties thence resulting are also supposed obliging in gratitude for the favours received , not barely on account of the authority requiring them . only in the benefits on which the obligation is grounded the difference is considerable . in the former case were favours uncommon to all the subjects , particularly that of a beneficial tenement for life . in the latter , onely that protection which all subjects receive from the government , and the common beneficial capacities which all free-born subjects have a right to on account of their being free-born natives of the government . the reason of the fealty or allegiance in these two cases is indeed very different , yet the notion is very much the same . the obligation , being in both cases due antecedently in point of gratitude , cannot be understood to imply no more than a bare neutrality , or a duty of not hindering the benefactor from his right . but as there are supposed positive favours from the benefactor to the beneficiary ; so the natural return that might be expected , in point of gratitude , can be no less than positive and active assistances from the beneficiary for maintaining his benefactor in his just rights . and the same terms of fealty and allegiance being made use of for expressing the nature of this new duty of the subject , without any intimation of any new signification , the most obvious and likely way of understanding them will be to take them in the same sense in which they were used as terms of art before , as near as the change of the reason , and circumstances in deducing the secondary signification will give leave . otherwise the words fealty and allegiance would not have been mentioned in the late oaths without instancing in particulars meant by them , if it had not been supposed notorious , what particulars used formerly to be designed by them in their original signification , and that the same were also intended in this secondary derivative extended one , as far at least as the circumstances of the obliged person will give way . for if the person be also military that will go far towards the continuance of the military obligation . and if so , then all the duties of the former fealty and allegiance will return in this natural allegiance also , and consequently this new fealty and allegiance will be as inconsistent with a neutrality as the other was . the liege-man must here also , not only not oppose , but maintain , the life , limbs , and terrene honour of his liege lord. he must also keep his secrets , and discover all plots and conspiracies against him . and this new extended notion of fealty and allegiance being introduced by the laws , it cannot be more authentically interpreted than by the laws that introduced it . whatever the laws punish as a breach of allegiance that certainly the law-maker intended that it should be included in the oaths imposed for the securing allegiance . and whatever the laws punish as not maintaining the life , limbs , and terrene honour of the liege lord , or as a violation of his secrets , or as a concealing or abetting conspiracies against him ( which were all of them directly contrary to the duties of the original allegiance ) those things they certainly look on as a violation of allegiance , and consequently of the oath imposed by them for the securing that allegiance . hence it will follow that whatever the laws , if they had their course , would punish as treason , all that must be understood to be contrary to the promise and oath of allegiance . for all forms of indicting for treason are , that the facts concerned in the indictment are against the duty of the subjects allegiance expresly , or , at least , for depriving the k. of his royal state and dignity , which is directly contrary to the maintaining his terrene honour , which was the principal design of the forementioned original allegiance . but is certain that the very owning of another as k. the very abetting him , the holding correspondence with him where it may be avoided , the entertaining him , and voluntarily relieving him , especially after a warning by proclamation , is always judged and condemned for high treason whenever laws are allowed to take their course . thus a voluntary corresponding with enemies , on either side , is contra pacem domini regis in the interpretation of the law. the peaceable corresponding therefore with a k. de facto set up in opposition to the k. de jure , will be a breach of the peace of the k. de jure ; and on the contrary , the living peaceably under the government of the k. de facto , will oblige them , by the interpretation of the legislative power under him , to renounce all correspondence with the k. de jure , to betray his secrets , and his person too , if ever it should come to be in their power to do so , which i am confident our brethren would abhor to do from their very souls . to be sure it will oblige them to conceal conspiracies against him , and many ways to contribute to the depriving , or at least , to the detaining his right from him . this will certainly be the interpretation of living peaceably under the present government , in the sense of those to whom the oaths are made , and therefore ought to be their meaning also ; if they will mean sincerely with the present government which requires these oaths from them , and to whom they pretend to give satisfaction by taking them . but then it will concern them highly to enquire further how this will be reconcileable with the allegiance themselves believe due to the k. de jure . certainly it can never be reconciled , if they will but allow the k. de jure the same favour of interpretation for determining his rights , which they must be forced to allow the k. de facto , whether they will or no. and it would be strange if they should allow him less . the reasoning now mentioned concerns all subjects equally , how far distant soever their profession may be from being military . the practice of the law and of the courts does punish these things indifferently in all subjects , though not souldiers , as breaches of the duties required by the original allegiance . so that is plain , that this new extended notion of allegiance may concern ministers , and scholars , and others who have no sword at all , and who cannot therefore be obliged to maintain the life and limbs , and terrene honour of their liege lord by the sword , unless they be otherwise lawfully called to it . but it is certain , the old military allegiance did oblige the feudatory vassal to maintain the rights of his liege lord by the sword. and i cannot tell how far the same obligation may hold still , when the liege lord , who has the right of the sword , requires and obliges them to use it in his defence . in most of these northern nations , from whom the feudal laws are derived , the arrierban may be called by the soveraign power in distress , wherein all subjects are concern'd who are any ways capable of military service . answerable whereunto , we have here our ancient laws of the standard , which whether they oblige all subjects personally , especially since the settlement of the militia , perhaps in lieu of them , i leave to them to determine who are better skilled in our common law. for our present purpose it is sufficient that , even to men who are not concerned in the sword , there are so many interfering duties between a k. de jure and a k. de facto , as that it is impossible they can ever be obliged to them both by oaths . especially on their principles who think themselves obliged to their allegiance to the k. de jure , notwithstanding the possession of the k. de facto . i might content my self with this reasoning , from the principles of the persons with whom i am at present concerned . and i am sure this must be the sense of as many as take the oaths on bishop sanderson's doctrine , so much of late urged on this occasion . he plainly denies all disobligation from their old allegiance , notwithstanding the possession of another , and by no means allows any sideing with the possessor de facto against the rightful prince , which yet must needs be understood to be the principal reason of imposing and requiring these oaths in this particular juncture . i add farther , that this very principle seems to be granted them by the imposers themselves . what can they else mean by the distinction they so much insist on between the k. de facto and the k. de jure , but that the possessor is so a k. de facto , as that he is not also a k. de jure ; and that the k. de jure is the only k. in right , though he be not in possession ? and when they plead the laws which own , as they say , this distinction : that , sure is more than arguing ad homines . and what can they mean less by it than , that the laws do also not own such a possessor for a rightful k ? he is a pretensed k. indeed and not in right . this is the very language of the statute of edw. iv th . concerning his rival predecessors of the lancastrian line . this being therefore granted by the imposers , that the excluded k. is the rightful k. how can they avoid our brethrens consequence , that allegiance must still be due to him ? and , it being on the other side , granted , that the possessor is , in the law , a pretensed k. indeed , and not in right ; how can they possibly defend the giving him the rights of him whom they own for their rightful k. and confirming that gift by a promise and an oath , against so many antecedent solemne promises and oaths ? what can the name of a k. de jure signifie but that he has still a right to the kingship , or , that the jura coronae are still his in right , though not in possession ? how can they then avoid but that he must still have a right to the government , to all the profits and dependences of it , and ( above all ) to the fealty and allegiance of his subjects ? and what reason then can they have to be angry at our brethren , for drawing just and unavoidable consequences from principles already given by themselves ? and is it not a strange thing , that at the same time they should understand the words , due allegiance , in the act of h. vii . of a truly due allegiance , and not only of such a one as will be judged due by the possessor ? how can any thing be truly due to him who has no right to it ? or how can he have a right to that allegiance , which is only the right of lawful kings , who is himself only a pretensed k. in deed , and not in right ? what would they say of wives that should also take husbands de facto , and promise and swear to give them all the rights of husbands de jure ? they may assure themselves such practices of wives would not be more inconsistent with the laws of monogamy introduced by our saviour , than these repugnant rights of opposite pretenders are to the essential law of monarchy . thus solidly our brethren reason from the principles of our new legislators themselves , and so little reason have they to desert or suspect those principles . the good god awaken the consciences of persons concerned in this dispute , and give a timely stop to that deluge of perjury that may prove in the event so fatal to our beloved churches and countreys . in vain do we think to save our protestant religion by practices so naturally destructive of all religion . how can we , for shame pretend conscience against popery when secular punishments do so easily and so universally drive us from our principles ? and what will the imposers gain by this unhappy victory over consciences ? the obvious event will be , when the first modesties and reluctancies of conscience are overcome , that then all their tests will be taken , and yet their trusts will be betrayed , and it will be impossible for them to reckon on the faith of men. if i might give them my advice , it should have been this , and i assure them i now do it with as hearty a good will to them as any of their flatterers . considering their proceedings were directly contrary to the oaths of the nations , perhaps it would have been better policy , rather to have taken away the oaths in being , than to have added new ones , ( having made such pretences for liberty of conscience ) and to have obliged the subject in interest , by making their burden easier than it had been under k. j. interest , which with ill men would certainly have prevailed more than the conscience of any oaths . and it would have so far influenced good men , who had sussiciently discovered their aversion to popery , that they would not have supererogated in their duty against them , which is more than ever they are likely to gain by their new oaths , which have disobliged them in point of interest who think themselves otherwise under no obligation to them in point of conscience . this may yet be done in some measure , and whether it be not for the common interest , i leave it to their second and sedate thoughts to consider of . the end . notes, typically marginal, from the original text notes for div a -e feud . l. . tit. . l. . tit. . . feud . l. . tit . . feud . l. . tit . . ib. tit . . a practical discourse concerning swearing especially in the two great points of perjury and common-swearing / by william wake ... wake, william, - . approx. kb of 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[ ], xxix [i.e. xlv], [ ], p. printed for richard sare ..., london : . reproduction of original in the cambridge university library. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion a practical discourse concerning swearing : especially in the two great points of perjury and common-swearing . by william wake , d. d. and chaplain in ordinary to his majesty . london : printed for richard sare , at gray's - inn-gate next holborn , . the preface . tho' the prevalence of those vices , which the following treatise is design'd to correct , might be more than enough to justifie the publication of it ; and the seasonableness of the attempt , be a sufficient apology for the meanness of the performance : yet having been induced to write upon this subject by such a consideration , as , i think , cannot justly be excepted against ; it may not be amiss , before i proceed to what i chiefly aim at in this preface , to give some short account , how i came to be engaged in it . it has been the great , and almost singular , care of our english government , to provide , by its municipal laws , not only against false-swearing ; ( a vice in which the interests of publick society are so apparently concern'd , that scarce any state has suffered it to go unpunish'd ; ) but even against common and vain-swearing too : and which , because it does not so immediately affect mens civil interests , i cannot tell whether any laws , besides our own , have thought it their business to meddle with it . how prudent such a provision , as this , is , even with respect to the publick welfare , can be doubted by none , who either believe it to be the concern of states and kingdoms to maintain a general sense of religion in the minds of men ; or have considered what a mighty influence an oath , in particular , has upon the affairs of government ; and of what importance it must therefore be to it , that men should be kept under a very serious and reverend esteem of it . there being nothing more certain , than that if once men be allow'd to profane an oath by common and vain swearing ; they will from thence be apt to go on , in a little while , to a farther contempt of it : and so , by degrees , arrive to an unconcernedness even for perjury its self ; as often as it shall be for their interest to forswear themselves ; and they may hope to do it without the danger of a present punishment for their impiety . it must therefore be acknowledged to have been not only a pious , but politick design too , of those great men , whosoever they were , who by putting a restraint upon common-swearing , first endeavour'd to raise an oath to a just respect amongst us : and concluded , with our saviour , that the best way to cut off the very ground of false-swearing , would be to make it penal for men to swear at all ; unless it were upon some great occasion , and when it was either absolutely necessary , or ( at least ) very fitting for them so to do . and as i think it is for the honour , as well as benefit , of our country ; that our civil-laws have taken such care in a matter which has been generally neglected by most others : so i cannot but observe it to the praise both of our religion , and of the present government ; that of the two attempts that have been made , of this kind , among our selves ; the * first was since the time of the reformation ; as we know the latter , and more perfect , is owing to the wisdom and piety of the present establishment . but because the best laws signifie but very little , unless they be , withal , both generally made known , and duly observed : it has , therefore , been the care of our law-givers to shew their prudence no less in their provision for the publishing of this law , than in the substance of the law its self . and as in the case of perjury , ( in which the civil courts are principally concern'd ; ) it has been order'd that the * statutes , relating to that sin , should be solemnly declared at every assize : so for this , ( which-seems to be more properly religious ) they have appointed the publication of it to be made in the * house of god , and at the time that men are assembled for his service in it . i shall need say very little to shew either how * ancient a custom this has been in all christian countries ; or with what good reason our own law-givers have herein follow'd the examples of their fore-fathers , upon the like occasions . for sure if ever men will be disposed seriously to consider their duty , we may justly hope they will then , especially , be so , when they come together for divine-worship . and when it shall there be shewn them , that both their present , and their future welfare are concern'd in this observance ; that what the law enjoyns under a civil penalty , is no more than what the gospel had before required upon pain of eternal damnation : either men must be utterly lost to all rational conviction , or they will be prevail'd with , by these motives , to forsake a vice ; in which there is so great a danger , so little pleasure , and no advantage . it was upon the first solemn publication , at which i was present , of this law in that church , in which it has pleased god to call me to minister , that i composed the following discourses ; and embraced that advantage , which the publick authority had so happily put into my hands , to lay open the hainousness of a vice , which had not some such care been taken to correct ; it would , i fear , have been very difficult for us , by all our other endeavours , ever to have put a stop to . but tho' the occasion which i took to write upon this subject led me no farther than to treat of common and vain-swearing ; yet having resolved to write upon it , i was willing to make a farther progress in it : and to pursue it in all the several parts of it , that our * saviour's method , ( the ground i chose to go upon ) should direct to me to do . and , first ; as he laid the foundation of his discourse , upon the state of this matter under the law ; so have i here , ( but in short , ) endeavour'd to shew , how the case of swearing stood , under that dispensation . and if in my account thereof i have adventured to give a more general interpretation of the third commandment , than some others , of much greater knowledge in these particulars , have done : i shall only say , that , i think , i have done it for such reasons , as will abundantly suffice to justifie me in it ; and that in forsaking them , i do but close in with many more , neither less learned , nor less approved of , than they . having thus laid the foundation for a right understanding of our saviour's discourse upon this subject ; i go on , with him , to the consideration of that which is , on all hands , allow'd to have been expresly forbidden to the jews under the law , viz. the sin of perjury : and have endeavour'd to furnish my reader with such principles , as may serve to direct him both how to avoid it ; and how to discover , whether he has at any time , or upon any occasion , unhappily fallen under the guilt of it ? and having thus laid open the nature of this sin ; i proceed , in the next place , to shew the malignity of it : and how desperate an offence is thereby committed , not only against god ; but against the common peace and welfare of mankind . the truth is , perjury , as it is a sin of the most hainous nature , whether we consider the honour of god ; or the interests of men : so has it always been pursued not only with the severest denuntiations of vengeance in the other world ; but , for the most part , with very shameful and bitter punishments in this . indeed , among the * ancient romans , tho' the censors enquired very scrupulously into it ; yet , for a long time , the penalty of it , was only a † publick infamy . and so happy were those times , that that alone was thought to have been punishment enough for it . but as the manners of men grew worse , so both they were forced to * encrease the rigour of their laws as to this matter : and most ‖ other nations proceeded against it with the utmost severity ; and thought the guilt of it could be expiated with nothing less than the life of him who fell under it . and tho' contrary to what i have now observed of the roman law ; our own * statutes have , of latter times , been more favourable to such offenders : yet by our ‖ old-common-law they were treated with such a rigour , as tho' it did not extend to death ; yet seems to have been more bitter , than even death its self would have been . from this sin of perjury , by all confess'd to have been no less forbidden under the law , than under the gospel ; i go on , to that in which some have thought the perfection of the gospel above the law to have consisted , as to this matter ; namely , to enquire , whether it be lawful for us christians to swear at all ? that it were very much to be wish'd , that men would live so well , and deal so faithfully with one another , as not to need ever to make use of an oath for the confirmation of what they say , is not to be questioned . nor do i doubt but that they might live so , as to avoid it in many cases , in which they too easily indulge themselves in the use of it . but yet still , the present state of the world consider'd , i do not see how it is possible , for the best christian , altogether to decline it : nor is there any reason why any one should make it a matter of conscience wholly to avoid it . we are told , indeed , of * gregory nazianzen , that upon his conversion to the christian faith , he resolved , once for all , never to swear while he lived ; and that he did manage himself in such wise as to keep to his resolution ; and did not swear to the day of his death . and several of the * ancient fathers there are , who have spoken , in such terms , of this matter ; as if such a resolution had not been so much the particular praise of that great man , as the common duty of all christians . but yet , when all is done , either the methods of government must be wholly changed , and some new models be set up , that were never yet practised in the world : or were those fathers now living , they must set some bounds to their expressions ; and plainly restrain them to that , which i do indeed look upon to have been their true meaning ; viz. not to forbid all swearing whatsoever , but only * all voluntary , and vain swearing ; and in which they were most certainly in the right . it was a remarkable deference that was paid to the honesty of one heretofore among the athenians , * that being call'd , upon a certain occasion , to swear to the truth of what he said ; and being come to the altar ( as the manner there was ) in order thereunto ; the judges would by no means allow of it , but thought it a shame that a person , of such known integrity , should not be credited without an oath . and in some of the * ancient canons , confirm'd ( as to this matter ) by the civil laws ; there was that respect paid to the priestly function , that he who was admitted into holy orders , was from thenceforth free from all obligation to swear , even in those cases , in which all others were expresly required to do it . only , if need were , they might be obliged to give some other caution of their fidelity , that did not seem so much to reflect upon the sacredness of their character . but still , to swear upon a just occasion , was in the general allow'd to be not only lawful , but necessary : and those very exemptions that freed some certain persons from it , did but the more confirm the churches approbation of it in others . to enter upon a particular examination of the several passages of the primitive fathers which seem to speak against all swearing whatsoever ; is an undertaking neither proper for this place , nor otherwise necessary for the vindication of what i have asserted in the following discourses . but that the most severe among them did allow of swearing , when duly required , and reverently perform'd , is evident from hence ; that we find the most religious emperours , and over whom those fathers , which seem to speak with the greatest warmth against it , had a very powerful influence ; nevertheless both to have solemnly * sworn themselves , and to have continued the ‖ necessity of others doing likewise . and yet , it does not appear , that ever they were censured by any of those fathers upon this account . but this is not all : they did not only consent to the necessity of mens swearing , as imposed by the imperial laws ; but they themselves pursued the same method ; and by their own constitutions required it likewise . it was a very solemn , and ( which ought yet more to be remark'd ) a voluntary oath too , that * athanasius made , in his apology to constantius ; to free himself from a certain suspicion which that emperour had , it seems , ( without any just grounds ) taken up against him . st. * austin freely tells us what his own practice , in this particular , was : that he neither chose to swear , when he could avoid it ; nor refused to swear , when he was lawfully required so to do . even * st. basil himself , than whom none has written more expresly against all swearing ; yet , in his canonical epistles , not only imposes no punishment on those who swore as they ought to do ; but by assigning a suitable ‖ pennance to those who sware amiss , did , in effect , acknowledge the lawfulness of swearing , when piously and carefully perform'd . and a more ancient father than he , st. cyprian , complaining of the decay of discipline in the church ; and that so far as to ascribe the decian persecution to the declension of it ; inveighs indeed bitterly against the iniquity of those times , * for swearing falsly , and without a due regard to what they swore ; but says not a word against the thing its self : which yet , had he thought all swearing whatsoever to have been unlawful , he would hardly have let pass , without declaring , upon that occasion , his resentments against it . it was much about the same time , that we find * another of those holy men reflecting , with some warmth , upon novatian , for obliging those , to whom he gave the communion , to swear to him , that they would never fall off from his party . this he represents to us as a most wicked attempt ; but without the least reflection upon the act of swearing , as if there would have been any thing blame-worthy in that , had the substance of their oath been lawful , and the nature of it allowable . nor can it , indeed , be thought that novatian himself , who set up for a more exact observance of the discipline of the church than any other of his time ; and pretended , for that very reason , to separate from the communion of the catholick bishops , that they did not keep so strictly , as they ought , to it ; would not only have obliged others to swear to him , but would have * solemnly sworn himself ; ( and that whilst he was yet in the heighth of his reputation ) had there been any thing in the act of swearing contrary to the opinion of the most precise men in those days . and if we look yet lower , we shall meet with whole councils which have not only consented to the same practice , but have been the authors of forcing men to submit to it : as the ‖ council of ephesus , in the case of nestorius , is particularly observed to have done . and from all which it plainly follows , that the ancient fathers were not against all swearing whatsoever : nor intended any more by their expressions to this purpose , than what several of the heathen moralists themselves did , when they advised their disciples to abstain , in like manner , from swearing altogether ; but yet expounded themselves so , as to shew , that by swearing , they meant only voluntary swearing ; and that they should forbear even that too , only where there was no need of it , nor any sufficient engagement laid upon them to oblige them to it . i shall conclude these remarks with that notable account which josephus has given us of the essenes ; one of the strictest sects among the jews , and so conformable in their manners to the rules of the gospel , that some have mistaken them for christians . now one of the maxims by which , ( if we may credit that historian ) they govern'd themselves , was this of our saviour , * not to swear at all. and yet to this very rule ( among others ) they bound themselves with an ‖ oath ; the better to secure their observance of it . and the only account that we can give of which seeming contradiction , between their principle and practice , is this ; that in matters of this nature , tho' the expressions be general , yet they must still be moderated with such limitations as both the nature of the thing its self requires , and the general consent of mankind agrees , ought to be put upon them . but especially , when , by so doing , there is nothing allow'd of , but what is both innocent and reasonable : and the denial whereof would unavoidably run mankind into endless mischiefs and inconveniencies . and now , having said thus much in answer to the two great prejudices which seem'd to lye against the account which i have given of our saviour's prohibition , swear not at all : the one taken from the universality of the words themselves ; the other , from the opinion , which the most primitive fathers , have been thought to have entertain'd of this matter ; and shewn that some temperament must be allow'd of in the exposition of it : i shall say no more in behalf of that interpretation which i have given of it , than this ; that if the principles which i build upon be allow'd ; ( as , i think , i have * shewn they cannot reasonably be deny'd ) then must my explication be confess'd to be both very natural in its self , and very agreeable to that which was evidently our saviour's design in that place ; viz. to rescue the authority of the third commandment , from those abuses which the jews had made of it . and tho' by this means it will follow , against the errour of some , that all swearing , is not forbidden ; yet will it also follow , against the licentiousness of others , that all vain and needless swearing , but especially that of mens common discourse , is utterly wicked and unjustifiable . but our saviour was not content to restrain men from the practice of customary-swearing only ; but , if i am not very much mistaken , did also farther aim at another corruption , very frequent among the jews ; and improved by them to very bad purposes ; and that was , of swearing after some other manner , than by the name of god only . this was indeed a very prevailing practice not only among the jews , but among most * other nations , in those days . and that which render'd it the more dangerous , was , that they accounted it a matter of piety , to swear after this manner : ‖ and thought that they hereby shew'd a great respect to their gods , in that they did not make use of their names , upon every ordinary occasion . and the consequence of it was with them , as we are told it was with the jews ; that they fell , by this means , into a customary practice of vain-swearing ; and often times accounted it no great crime , even to forswear themselves . it is i know very confidently affirm'd by some , that it was no part of our saviour's design to abolish such swearing ; which they are still willing to favour , as innocent and allowable . but if this swearing were not only justly to be * reproved in the jews , but was made use of by them to very ill purposes too ; and if the * design of our saviour was to correct those abuses which that people had introduced into this practice , and to prevent our falling into the like hereafter : then , since this could no way so effectually be done , as by forbidding this kind of swearing altogether , and that his words do naturally invite us to such a construction ; i cannot imagine why we should not rather extend them to such a sense , than put some kind of violences upon them for the sake of a practice , if not plainly ‡ evil , yet to be sure not good ; nor that can naturally lead to any wise or good end. but i shall insist no longer upon a point , which , however it be determined will , either way , meet with a sufficient resolution , as to what concerns our practice ; and then 't is no great matter what becomes of our speculations concerning it . and it is time for me to go on from the consideration of what our saviour has forbidden us ; to inquire , how he has directed us to behave our selves , in our communication with one another . in the prosecution of which enquiry , i must here once for all freely confess , that i have not kept so closely , to the words of our saviour , as in the other particulars i took care to do. the reason of which was , that i was willing , upon this occasion , to consider all the several sorts of confirmation that are commonly made use of in mens conversation with one another , under the degree of an oath : and which being the only thing our saviour was here concern'd to forbid , i thought that whatsoever was short of that , might , at least , be fairly reduced to the design of this place . i have , indeed , endeavoured in my reflections upon this occasion , to shew , that not only the design of our saviour did extend to all these ; but that his very expressions themselves might be so interpeted , as to comprehend the most of them. and some very learned men there are , who have accordingly given us such an account of them. but as i will not make my self a party in this debate ; so having fairly represented the grounds upon which they go , and given them all the strength that , i conceive , they are capable of ; i shall leave it to every one to judge as he sees cause to do. only as to the rules of practice which i have drawn from my remarks upon this point ; those , i think , are plain and secure : and may , as such , be follow'd without any danger , or scruple , by us. from the direction of our saviour , how we ought to behave our selves in our conversation with one another ; i pass on to the reason given by him , why we ought not to proceed any farther ? namely , that whatsoever is more than these , cometh of evil. and of this i offer two interpretations , both good , and both indifferently agreeing with his words , as they stand in the original . and i thought it better for me to take both , than to prefer that which our own interpreters seem rather to have approved of : that so i might the more clearly shew upon what just grounds this assertion of our saviour is founded ; and what good reason he had to require us , to manage our conversation , according to those measures he had before prescribed to us. having thus gone thro' the discourse of our blessed lord upon this subject ; i conclude all with two farther considerations , the better to improve what i had before offer'd , and to reduce the whole to practice . in the former of which , i enquire into the causes of that great encrease which has , in these latter times , been made of both the sins forbidden by our saviour on this occasion ; viz. both of false , and of vain-swearing : and having done this , i , in the next place , take occasion from thence to lay down such general directions , as seem to be the most proper , under our present circumstances , to draw men off from the practice of them both. and tho' here , ( as indeed throughout this whole treatise ) i have endeavour'd to bring my reflections into as narrow a compass as it was possible , without either falling into obscurity on the one hand ; or omitting what was fit to be taken notice of on the other : yet , i hope , i have laid down such general rules , as being carefully applied , may suffice to serve the necessities of the most of those , who shall need either direction , or satisfaction as to these matters . as for the composure of the following discourses , it is as plain as i was able to make it ; and as the first design i had in composing of them , required it to be . but because it may now be expected that i should answer for the grounds of my assertions ; and give some account upon what reasons i built them : i have therefore taken care for the satisfaction of those who are more learned , to add all along such observations , as shall , i trust , he sufficient to vindicate me from having , either in my interpretation of holy scripture , or in my deductions from it , advanced any thing without some tolerable reason ; and seldom without some good authority also , for my doing of it . if , after all , it shall be ask'd how i come to publish my reflections upon this subject , i shall only add thus much to what i have already said ; that as i first composed these discourses out of a just respect to the publick authority , and for the benefit of those whom god has committed to my charge ; so being perswaded that what was , i hope , not un - usefully heard once , may be more profitably read , and consider'd again ; and reach many from the press , whom it is not possible for me to instruct from the pulpit : and having never met with any original treatise in our own language , that had so particularly handled this whole argument ; i was willing to contribute my part , towards the reforming of a vice , which our laws had taken so worthy a care to suppress . this was the motive that first led me to the publishing of these plain discourses ; and i hope , through god's blessing , they may not be altogether unprofitable to this end. thus much i dare say , in behalf of them ; that to the pious and unprejudiced , they will offer reasons enough to convince them of their duty as to these matters : and for those who are not so ; it is in vain to hope by any arguments whatsoever to reclaim them. the genuine epistles of st. barnabas , st. ignatius , st. clement , st. polycarp . the shepherd of hermas , and the martyrdoms of st. ignatius and st. polycarp . translated and published with a large preliminary discourse , by w. wake , d. d. o. sold by r. sare at grays-inn-gate in holbron . the contents . chap. i. in which it is briefly shewn , how the case of swearing stood with the jews , under the law. page . the meaning of that expression , it hath been said by them of old times , briefly hinted at : and an enquiry made into the prohibition of our saviour ; thou shalt not forswear thy self , &c. § . , , . the state of this matter under the law , deliver'd in four particulars . p. . . that the jews , were ( in general ) allow'd to swear . § . , . but yet , . that they were to swear only by god's name . § . . &c. . nor by god's name on every light , or frivolous occasion ; nor , particularly , in their common conversation with one anothor , § . , &c. . much less falsely , which was the main thing they were required to have a care of , § . . chap. ii. wherein is consider'd , what perjury is ; and how many ways it may be committed ? and some reflections are offer'd to shew the particular heinousness and malignity of it . p. . oaths are of two kinds ; assertory and promissory : and perjury may be divers ways committed in each of them. § . . i. in an assertory oath . by swearing to the truth of any thing , which at the same time we either certainly know to be false , or do not know to be true. § . . by prevaricating in any considerable circumstance of what we swear to : of which several instances are offered . § . . ii. in a promissory oath . p. . he forswears himself , who promises to do that which at the same time he does not intend to perform . § . . or to do that which he knows he cannot perform . § . . or which he knows he ought not to do. § . . or to act contrary to what he had before sworn to do . § . . he forswears himself , who having sworn to do any thing , afterwards neglects to make good his promise . § . . what things are required , in all kinds of oaths , to prevent our being perjured , in taking of them ? § . . he who causes another to forswear himself , is as guilty of sin , as if he had done it himself . § . . nor is he clear , who requires another to swear to that , which he has reason to believe , will make him guilty of perjury . § . . of the peculiar malignity of this sin. p. . st . with respect to god. § . . dly . to our selves . § . . dly . to other men. § . . chap. iii. wherein is shewn , that all swearing whatsoever , is not forbidden under the gospel : and an enquiry is made ; what that swearing is which our saviour has prohibited , as absolutely evil , and unlawful ? p. . our saviour's words seem to prohibit all swearing ; and have been so understood by some . § . . the meaning of them shewn in the three following conclusions . . that it was not the intention of our saviour to forbid all swearing whatsoever ; as simply , and absolutely unlawful , under the gospel . § . . there was no reason , why he should do it . § . . &c. it is certain he did not intend to do it . § . . &c. . that we are not to extend the meaning of such expressions , to the utmost sense that the words are capable of ; when it otherwise appears that we ought not so to do . § . . . that to know what the true meaning of our saviour here was , we must consider , what was amiss in the common practice of the jews , as to this matter ; and what our lord design'd to correct in it . § . . the practice of the jews enquired into . § . . our saviour's prohibition from thence explain'd . § . . and shewn to forbid , . common-swearing . § . . . swearing otherwise than by god only . § . . practical observations on each of these : and , . as to common-swearing . to swear in our common discourse with one another , is absolutely evil and unlawful . § . . no man should ever choose to swear in any case , where he can fairly avoid the doing of it . § . . but especially , we should have a care of entring into promissory oaths , as the most dangerous of any to be taken by us. § . . . as to swearing otherwise than by god only . it is certainly safest never to use any oath , but by the name of god only . § . . it is unlawful to swear after any other manner , for those evil ends that the jews had , and that others commonly have , in the doing of it . § . . chap. iv. of the several ways of confirming what is spoken or promised , under the degree of an oath : how far they may be made use of in men's private conversation ? and for what reason it was not sitting that men should have been allow'd to go any farther ? p. . the meaning of that passage , let your communication be yea , yea ; nay , nay ; inquired into ; and the account given by some of it rejected . § . . that we may repeat what we affirm or deny ; the better to give credit to the truth of what we say . § . . that we may confirm what we say , by adding an asseveration to it . § . . and in some cases , may go yet higher : and do more to confirm the truth of what we speak . § . . whether it be lawful to use imprecations for this end. § . . an enquiry made , into the reason offer'd by our saviour , why we must not go beyond those bounds : viz. that whatsoever is more than these , cometh of evil. p. . and the truth of it shewn at large , from several considerations . § . . &c. chap. v. wherein an enquiry is made into the causes both of that common and false-swearing which so much abounds in the world : and some directions are offer'd for the better prevention of both of them. p. . st . of the causes of common , and false-swearing . how men come to swear so frequently in their ordinary conversation . § . . whence it is that they are so ready to do it , on every little occasion ? § . . four accounts offered of it : to § . . how men are brought so easily to forswear themselves ? § . . dly . some directions offer'd for the correction of both these evils . of perjury . § . . of common swearing . § . . &c. the whole concluded . § . . &c. st. mat. v. . * ye have heard that it hath been said by them of old time ; * thou shalt not forswear thy self , but shalt perform unto the lord thine oaths . . * but i say unto you swear not at all : neither by heaven for it is god's throne ; nor by the earth for it is his footstool ; neither by jerusalem , for it is the city of the great king. neither shalt thou swear by thy head , because thou canst not make one hair white or black. . * but let your communication be yea , yea ; nay , nay : * for whatsoever is more than these cometh of evil. a practical discourse concerning swearing . chap. i. in which it is briefly shewn , how the case of swearing stood with the jews , under the law. whatsoever be the meaning of that expression so often repeated in this chapter , and made use of by our saviour as an introduction to the duty he was here about to propose to us ; ye have heard , that it hath been said by , or rather † to , them of old times : ( whether in those words he designed to referr to the law , as delivered by moses to the jews ; or as expounded , and corrupted , by the glosses of those who follow'd after : ) yet this i take to be without all doubt ; that in the command , or rather prohibition , before us , there is nothing proposed to us but what may , if not in express terms be found in the law of moses , yet by plain and undoubted consequence be drawn from the words of it . . it has been thought by ‖ some , that what the evangelist here renders , thou shalt not forswear thy self , was originally delivered by our blessed lord , in the very words of the third commandment ; thou shalt not take the name of the lord thy god in vain : * and that what follows in the latter part of this verse , but shalt perform unto the lord thine oaths , was added by him from numb . xxx . . as an exegetical explication of that precept ; and to shew , that what he was about to deliver concerning it , was principally to be understood of promissory oaths ; and to which he supposes that commandment was always intended , more especially , to referr . . whether this conjecture be good or no , yet this , at least , we may be confident of ; that we cannot take a better course to understand what our saviour meant to prescribe to us christians , as to this point of swearing ; than to consider how the case of an oath stood heretofore under the law , and what god proposed to the jews concerning it . . and here , ( st ) it is certain , that it was , in the general , permitted to them to swear ; provided that they did it with that due care , and after such a manner , as i shall presently shew god required them to do it . . this , in many cases , the † law of moses expresly obliged them to : * and their most holy men not only did it upon other occasions ; ‖ but when they did it , look'd upon it as an honour paid to god , and as a service which should not fail to be both accepted and rewarded by him. and to take away all scruple , as to this particular ; god himself not only , upon several occasions , sware to them ; but declared by his holy prophets , that † every tongue should swear by him ; * and that they who did so should be commended . . it is certain , therefore , that it was allow'd to the jews to swear , whenever a just occasion required their doing of it . but then ( dly ) they were to swear only by god's name , and not by the name of any other . . this was implied in the third commandment ; but was expresly declared to them in several other parts of their law. so in the vi th of deut. vers . . thou shalt fear the lord thy god , and serve him , and swear by his name . and again , chap. x. . thou shalt fear the lord thy god ; him shalt thou serve ; and to him shalt thou cleave , and swear by his name . and in the l th of isaiah , god again repeats this command , and that with a more than ordinary vehemence , verse : i have sworn by my self , the word is gone out of my mouth in righteousness , and shall not return ; that unto me every knee shall bow , every tongue shall swear . and from all which it is evident , not only , that god reserved this to himself as his own peculiar prerogative ; but , withal , for what reason he did so ; namely , because this is a part of that religious service which is due to him only , and which cannot , without impiety , be applied to any other . . hence we find , that when joshua , in his last exhortation to that people , thought in necessary , above all things , to warn them against apostatizing from the worship of their own god , to the gods of the canaanites , among whom they dwelt ; he thought himself particularly concern'd to mention this to them , among the other instances of that service which they were to pay to god only : josh. xxiii . . come not , says he , among these nations that remain among you , neither make mention of the name of their gods ; nor cause to swear by them , neither serve them. — but cleave unto the lord your god. . and when in process of time they began to break in upon this caution , and to swear by some other names ; we may observe how grievously god resented this , almost beyond any other of their sins ; amos viii . . they that swear by the sin of samaria , and say , thy god , o dan ! liveth ; and the manner of beer-shebah liveth ; even they shall fall , and never rise up again . . but this was not yet all : god required the jews not only , when they did swear , to swear by his name ; but moreover , ( dly ) to take care not to swear by his name upon every ordinary occasion , nor without a due regard to what they did swear by it . so the express letter of the commandment assures us ; exod. xx . . thou shalt not take the name of the lord thy god in vain : and in which , tho' the original word be dubious , and may indifferently signifie either what is vain , or what is false : yet , i think , we ought not so to set up one of its senses , as to exclude the other ; but should rather suppose , that god therefore pitch'd upon a term which comprehended both , that so we might , from the ambiguity of it , inferr , that both those kinds of swearing were vnlawful . ▪ now in this opinion i am the rather confirm'd in that i find the * chaldee paraphrast , the most authentick , as well as most antient interpreter of the old testament , of the same mind : and for that reason rendring it in one part of the command by a word which properly signifies in vain ; in the other part by an expression , which originally denotes falsly . and since it cannot be doubted but that light and vain swearing is in its own nature sinful , and what must , by consequence , have always been forbidden by god as such : i cannot but wonder what should move those , who freely allow this , and acknowledge the words of the third commandment to referr indifferently to both the significations here proposed ; yet , after all , to doubt , * whether god design'd to prohibit any thing more than perjury by it . . but ( thly ) and to conclude these reflections : tho' for the reasons now mentioned , i am perswaded , that all vain and common swearing does not only fall within the design of the third commandment , as now expounded to us , but was originally forbidden in the very letter of it : yet as perjury , or false-swearing , is by far the greater sin , and more dishonourable to god ; so i do not at all question , but that it was more especially therein prohibited by him. . and so much the words of our saviour , matth. v. . do undoubtedly imply : who for this reason deliver'd this not only as a good sense of the command , but as the allow'd interpretation of it among the jews ; thou shalt not forswear they self , but shalt perform unto the lord thine oaths . nor indeed could they possibly have made any doubt of this , after that express prohibition which god had given them to the same purpose , lev. xix . . ye shall not swear by my name falsly ; neither shalt thou profane the name of thy god : i am the lord . . such was the case of swearing under the law : and i need not say , that christ , ( who came not to destroy the law , but to fulfil it , and who in the very instance before us has effectually done so ; ) still requires at least the same care , as to this matter , of vs now , that god did of the jews heretofore . but because this last point is not only of much the greatest moment of any in this case , but taken for granted by our saviour , as a thing of which no one could make any doubt : i shall therefore begin my reflections with a particular consideration of it ; and shew , st , what it is for a man to forswear himself ? and how many ways he may be capable of so doing ? and then , dly , wherein the peculiar malignity of this sin does consist ? and having so done , i shall need say nothing more to perswade any serious , considering christian from the practice of a sin , both so hainous in it self ; and so ruinous , not only to our future happiness in the other world ; but even to our present peace and security in this. chap. ii. wherein is consider'd , what perjury is ; and how many ways it may be committed ? and some reflections offer'd to shew the particular hainousness and malignity of it . . to proceed the more clearly on this great point , i must first of all observe , that to swear , is properly nothing else but to call god to witness ; to appeal to god for the truth of what we speak ; as the highest confirmation we are capable of giving to it . . now the truth which we may be required , by this means , to confirm ; may relate either to what is past , or present ; ( as when we affirm a thing to be , or not to be ; to have been done , or not done ; in such a manner , and with such circumstances ; or otherwise : ) or it may relate to somewhat yet to come ; ( as when we oblige our selves to do such a thing , or not to do it ; and that under such certain conditions , or without them ; as the nature of our engagement shall chance to be . ) the former of these is usually called , an assertory ; the latter , a promissory oath . and because a man may divers ways forswear himself in each of these , if he has not a due care to prevent it ; it will be necessary for me distinctly to consider , what are the general ways by which we may be most likely to contract such a guilt in either of them. . first then , in the case of an assertory oath ; he forswears himself , who swears to the truth of any fact , which at the same time he either certainly knows to be false , or does not know to be true. as for example ; that such or such a thing was done , by such or such a person ; which , at the same time , he either knows that person did not do , or has no sufficient evidence to move him to believe that he did do. for this being a down-right lie in the assertion , must needs become a perjury by the addition of an oath to it . . and here it matters not whether a man certainly knows what he swears to be false : it is enough that he does not know it to be true. nay , or should it happen to be true ; yet if he thought it to have been otherwise , and yet swore to the truth of it ; he forswore himself : nor will his mistake at all contribute to the excusing of his perjury before god. . again : a man may forswear himself , not only by swearing that which is altogether vntrue ; but by prevaricating in any the least circumstance of what he delivers , and confirms with an oath . as for instance ; * if he swears to a matter as certain , of which he has only a probable assurance : * if he affirm that upon his own knowledge , which he has received only upon the credit of some other . * if he adds any thing to what he relates ; or willingly conceals any thing that may give light , or weight to ; or , in any other circumstance , notably affect the point to which he swears . in all these , and the like cases ; he who knowingly and designedly prevaricates , or otherwise departs , but in the least tittle , from the truth of what he delivers , forswears himself ; tho' what he says should , in the main , be never so true. . in short ; he who will swear with a good conscience , in any oath of this kind , must first duly consider what he is about to say ; and then must proceed according to the strictest measures of truth and fidelity in it . he must neither add to , nor diminish from , what he knows to be the truth . must deliver what is certain , as certain ; what is doubtful , as doubtful : what he knows himself , as upon his own knowledge ; what he has received from others , as received from them : and in so doing he may be sure that he shall not forswear himself . . as for the other kind of oaths , secondly ; those which relate to somewhat yet to come ; he is to be accounted , in the first place , to forswear himself , who promises upon his oath to do that , which , at the same time , he resolves not to perform : as for example , that he will meet a man in a certain place , where yet he intends not to meet him ; or that he will do him such a kindness , which he resolves , all the while , not to do for him . . and , because no one can be supposed really to intend to do that , which he knows , before-hand , he cannot do : therefore , secondly ; he who swears to do any thing which is apparently beyond his ability , and which he cannot but be sensible is so , must be reckon'd to fall under the same guilt ; and to forswear himself , as effectually , as if he had directly intended not to perform what he obliged himself to do . . thus if a trader who is not worth a hundred pounds in the world , nor knows which way to find credit to raise such a sum ; shall yet , to over-reach another , who is a stranger to his concerns , and to gain some present advantage to himself by it , swear , upon a certain day , to pay him five hundred ; and fail of fulfilling it : he must be look'd upon to have been forsworn , not only after such his failure , but from the very first minute that he swore to do that , which he knew it was not in his power to perform . nay , tho' by some lucky accident , which he did not fore-see , he should be enabled to make good his promise , and accordingly fulfil it ; yet would not this clear him of having sworn falsly , at the time that he made his oath : because , at that time , he had no prospect that he should be able ; nor could by consequence really intend , to be as good as his word . . and for the same reason it will follow farther , thirdly ; that if a man swear to do any thing which he knows it is not lawful for him to do ; he forswears himself , tho' , at that time , he should intend to fulfil it . because by so doing , he obliges himself to do that which he knows he ought not to do ; nor , if he means to behave himself like a good man , must presume to perform . . indeed , as to these two last instances ; if the promise so sworn to , as i have supposed , had neither any known impossibility in it , nor was vnlawful to be fulfill'd , at the time when the oath was made ; but by some following accident became either impossible or vnlawful , before the time in which it ought to have been accomplish'd : in this case , the person who swore , will have done nothing amiss ; nor be otherwise obliged by his oath , for the present , than to perform what he promised , as far as he is yet able , and it may be lawful for him to do it . but if , in process of time , these impediments should be removed , and the obligation of his oath still continue in force : then he will , from thenceforth , become engaged to a compleat performance of his promise ; and forswear himself , if he shall neglect , or refuse the fulfilling of it . . by consequence , fourthly ; he who swears to do any thing contrary to what he had before sworn to do ; ( his former oath still continuing to oblige ) must swear falsly ; and put himself under an absolute necessity of being forsworn . because , in this case , either he must keep his latter oath ; and then he will be guilty of perjury by the breach of his former obligation : or he must stand to his first engagement ; and , by so doing , act contrary to his second oath . . and this i say , supposing the former oath still to continue to oblige . for , otherwise ; if the oath first made , were either in it self unlawful ; and , as such , from the beginning of no force : or if the obligation of it were founded upon such circumstances , as render'd it valid only for a certain time , and under some certain conditions ; and either that time is pass'd , or those circumstances are altered ; and so the reason , and foundation of the oath ceasing , the obligation of it ceases together with them : in all these cases , the latter oath will be never the less lawful to be taken , for its being contrary to the tenour of a former , which either never did oblige at all ; or the obligation of which was evidently expired , before the taking of the other . . but , fifthly : tho' a man should promise nothing , but what he is both able to perform , and may lawfully fulfil ; and should truly intend , when he swears to it , to act according to his oath : yet , if he shall afterwards change his mind ; or , by any culpable neglect , omit to make good his promise , or render himself uncapable of doing it ; in all these cases , he will become perjured by such his omission : not indeed from the time that he took the oath ; but from the time that he should , and , but for his own fault , might have perform'd it . . and this i say , supposing , that the oath was neither obtain'd by any such force or fraud , as render'd it void from the beginning ; and that the person to whom it was made , and who was alone concern'd in the advantage of it , does expect , and insist upon , the performance of it . for otherwise , if either the oath were void from the beginning , and did never oblige at all ; or if he to whom it was made , and for whose security it was taken , shall think fit to release it : in this case the person who took the oath will become clear of all obligation by it ; and not be forsworn , tho' he should neglect to fulfil , what he had promised to do . . it will , i presume , be needless for me to add , sixthly ; that he who will keep himself from swearing falsly , must deal clearly , and openly , in all that he swears unto . * must intend to be understood , according to the common and natural import of the words in which he swears . * must use no equivocation , no mental-reservation , whereby to impose upon those to whom he swears . but must account himself obliged to do , according as his words and actions declare : and not think to escape with his * pretence , who swore with his tongue , but kept his mind free from being obliged by it . because all these are , in truth , such manifest prevarications , so opposite to the fairness and ingenuity of an honest man ; that a man must be desperately deluded indeed , before he can think that he may escape the guilt of perjury , by such means . . i will rather observe this one thing farther , and which indifferently respects both the kinds of oaths i have now mentioned : that as , in all these cases , he who neglects to acquit himself according to the true meaning of what he swears , forswears himself ; so if he shall by any means knowingly , and purposely , seduce , perswade , affright , or otherwise tamper , with any other person , to forswear himself ; he will , by his so doing , become partaker in the perjury ; and render himself even more guilty , than he who by his encouragement , or instigation forswears himself . . nay farther : * he who exacts an oath of another , whereby he either certainly knows , or may reasonably suppose , that the person of whom he requires it will forswear himself ; does by that means , if not involve himself in an equal guilt , yet render himself not much less criminal , than he who commits the perjury : and must expect to render an account , not only for the dishonour which , thereby , is done to god ; but also for his vncharitableness towards his neighbour's soul. . from what has been said , it may appear , what it is for a man to forswear himself ? and how many ways he may be liable so to do ? i proceed , ( dly ) to offer some reflections to shew , wherein the peculiar malignity of this sin does consist ? . now that will appear from this one plain observation ; and which no one , who understands what an oath is , can make any doubt of : namely , that he who forswears himself , does thereby not only in a most desperate manner * affront the majesty of god , and * wound his own soul ; but does , moreover , * render himself criminal towards his neigbour also ; and , as much as in him lies , * declare himself a common enemy to mankind . . for st : as to what concerns the majesty of god ; what can strike more directly at that , than this sin of perjury ? when a man shall not only presume to lie , and cheat , and abuse his neighbour ; but , the better to accomplish all this wickedness , shall dare even to appeal to god for his integrity : and , by so doing , endeavour to intitule him , who is truth its self , to a part in his sin ; as if he would approve of his villany ; and become , in some measure , confederate with him in his impiety . . this is the true meaning of every wilful perjury : and then i need not say , what a complication of guilt and impudence , there must needs be in it . . if we consider the nature of this sin , with respect to men , the least that can be said of it is this ; that it is a wilful , deliberate , imposition upon the candor and sincerity of him to whom we swear : which sure must be one of the basest , and most dis-ingenuous practices in the world. . and as for the design of it ; that is , usually , not at all less sinful , than the means that are made use of for the accomplishment of it . whilst the person to whom we swear , is not only to be deceived , but , by vertue of that deceit , is to be injured in his estate ; his reputation ; nay or , it may be , to the loss of his very life it self . . and this , god knows , were bad enough , were the sin to end here . but that it does not ; it proceeds still farther : whilst for the accomplishment of this vile purpose , the false swearer does not only not tremble at the thought of the divine justice ; but flies in the very face of it ; and recurrs to god both for the countenance of his treachery , and for the confirmation of the lie , by which it is to be brought about . . now he who can be so hardy as to do this ; must either not believe that there is any god at all ; or he must disclaim his knowledge of , and concern for , what is done here below : or , if he confesses both these ; he must then be concluded to defie his vengeance . for i cannot suppose any one to be capable of so far mistaking the divine nature , as to think , that a god of truth , will either endure to be made a party to what is false ; or not avenge himself on that man , who shall presume so to do . . such therefore is the malignity of this sin , as it relates to god : nor is it , dly , any less as it respects our selves . . for proof whereof i must observe , that in every oath god is appeal'd unto , not only as a witness of the truth of what we say ; but as a most just and powerful judge too , to punish us for our falshood , if it be not . . this is so essential to the nature of an oath , that , without it , all the security of such an appeal would be quite lost ; and the design of swearing , overthrown . for what reason would any one have to believe another upon his oath , more than upon his bare word ; but that both he who swears , and he to whom the oath is made , do believe , that god is thereby made the surety of what is spoken : and will avenge both himself first , and then the person whose trust is , by this means , deceived ; upon that man , who shall be so presumptuous , as by swearing falsly , to abuse both ? . now this being granted ; and which , without destroying all the benefit and intention of an oath , cannot be deny'd ; it must follow , that there is hardly any sin by which a man does so directly wound his own soul , and cut himself off from all the hopes of salvation , as by this . because in this sin , a man gives up all claim to god's mercy ; nay more , desires god so to deal with him as what he says is true ; that is , in other words , to damn him , if it be not . and what can he who has done this pretend to , or even hope for , at god's hands ? who has already given verdict against himself ; and with his own mouth pronounced , or rather chosen , his own doom ? . and this i take to have been the ground of that terrible clause in the sanction of the third commandment ; the like whereof we do not meet with in any other , nor can we suppose that it was added to this , without some peculiar design in the doing of it : thou shalt not take the name of the lord thy god in vain ; for the lord will not hold him guiltless that taketh his name in vain . he will not hold him guiltless , that is , he will not forgive him : will not treat him with that favour he will do other sinners : but will look upon him as a guilty , condemn'd malefactor ; one whom his own mouth hath convicted , and will punish him accordingly . . such is the danger to which every perjury a man commits , exposes his immortal soul. and if we may estimate the hainousness of any sin , by the hatred which god bears to it ; we must then conclude this to be one of the most grievous of any ; as we are sure it is of all others , in a singular manner , odious to god , and destructive of our salvation . . i add , dly : that it is , above any other sin , the most injurious to mankind ; as being , in its own nature , directly opposite to the peace and security of the world. . i have already observed , that the general cause which moves any one to forswear himself , is either to gratifie his own lusts , or to promote his interest ; tho' at the cost of his neighbours welfare . and , i believe , whosoever shall consider the main instances wherein this sin is usually committed , will find that i was not mistaken in my judgment of it . . but the evil does not stop here ; but often times affects the publick , as well as violates mens private rights . such are all those perjuries which are committed in the publick administration of justice ; and by means of which , either honest men are condemned ; or evil-doers are acquitted ; and the ministers of justice are made the instruments of vnrighteousness ; and all the ends of their institution are rendred not only vseless , but even hurtful to the common-wealth . . and thus far , every single act of perjury is an offence against man , as well as a sin against god. but now , if we shall consider the nature and tendency of such a practice in the general ; and reason upon the proper and natural effects of it ; we shall find it to be a common abuse of mankind : destructive of the very foundation of humane society ; and which being allow'd of , must tend to the overthrow of all peace , and right , and property , in the world. . and that i thus prove : the foundation of all society , and without which no affairs of life can be transacted , is that common trust and confidence , which men naturally have in one another . without this , no state , no community , tho' never so small ; not a private family can subsist . there can be no dealing with , nor dependance upon , one another . every man must become afraid of his neighbour ; and not account his goods , or even his life it self , any longer his own , than he can guard them against the cunning or force of the next man he meets , and who ( for ought he knows ) may design to rob him of both . . which being so , it must follow , that whatsoever does in its own nature tend to overthrow this trust between man and man , must be look'd upon as a crime against humane society ; because it naturally leads to the destruction of it . . now that perjury , in the most outrageous manner , does : inasmuch as it violates the strongest security , that one man is capable of giving to another , of his truth and sincerity . and therefore the false swearer is so far from deserving any favour of men , that were he dealt with , as he ought to be , he should be accounted to have forfeited all right to the benefits of society : should be treated as a kind of out-law in the common-wealth ; an enemy to truth and justice , to peace and property ; and no longer under the protection of those laws , by which others are preserved in their rights and liberties . . and now , when such is the apparent malignity of this sin , that it renders men not only obnoxious to god's vengeance , but even vncapable of his mercy ; and , as if that were not enough , exposes them to the resentments of mankind too : one would think nothing more could be desired to draw men off from the practice of such a vice , as at once bespeaks them unworthy to live upon the earth ; and , without a very extraordinary repentance , will be sure to shut them out of the kingdom of heaven . . it is indeed a matter of very sad consideration , to think , that under so pure and holy , so just and sincere an institution , as that of the gospel ; there should be any need either of laying down any rules for the prevention of such a sin , or of vsing any arguments , to draw men off from the commission of it . but alas ! experience shews , that there is , at this day , but too much need of both. and that after all which either the commands of god , or the laws of men , have been able to do for the suppression of it ; yet by reason of false-swearing , not only mens souls suffer , but our very land its self mourneth . . i shall conclude these reflections with the same exhortation that the prophet zachary heretofore made to the jews ; under much the same circumstances with ours at this day , as to what concerns this great evil : zech. viii . . these are the things that ye shall do : speak ye every man the truth to his neighbour ; execute the judgment of truth and peace in your gates . and let none of you imagine evil in your hearts against his neighbour ; and love no false-oath : for all these are things that i hate , saith the lord . chap. iii. wherein is shewn , that all swearing whatsoever , is not forbidden under the gospel : and an enquiry is made , what that swearing is , which our saviour has prohibited , as absolutely evil and unlawful . . it has been the mistake of * some who have attended more to the words of our saviour , in that passage of st. mat. ch . v. . i say unto you , swear not at all ; than either to the occasion , or design of them ; to conclude , that all manner of swearing whatsoever is utterly forbidden to christians under the gospel . and indeed not only the prohibition of our blessed lord in that place ; but that express confirmation which we meet with of it , in the v th of st. james , ver . . does seem , at the first sight , to give but too much countenance to such a conclusion . . to clear this difficulty , and to shew how far it may still be lawful for a christian to take an oath ; but yet withal , with how great care and circumspection he ought to do it ; i shall now enter upon a particular enquiry into this whole matter : and endeavour with all possible exactness to discover , what the design of our saviour was , in that passage upon which this difficulty is founded , and by which it must be determined . . in pursuance of which enquiry , i shall not doubt in the ( st ) place to affirm ; that how much soever the words under debate , if strictly taken , may seem to favour such an opinion ; yet it was never the intention of our lord utterly to forbid all swearing whatsoever , as simply and absolutely vnlawful , under the gospel . and that i affirm , upon these two accounts : st . that there was no reason why he should do so ; but rather a great deal of reason to the contrary . and , dly . that it is certain he did not do it : and therefore that we must put some restriction , upon that seemingly general prohibition before mentioned , swear not at all. . and st . that there was no reason why our saviour should have forbidden all swearing whatsoever , is evident from hence ; that an oath being in its own nature nothing else but an appeal to god for the truth of what we say , must be acknowleged , when duly and reverently taken , to have nothing evil , or otherwise irregular in it : but on the contrary , to be an act of religious worship ; and by which the honour and authority of god , are eminently advanced . forasmuch as by calling of god to witness in all places , and upon all suitable occasions , we confess him to be every where present ; to know and observe all the affairs of men ; to be the searcher of the heart : in a word , to be most true and faithful himself ; and a most just and powerful avenger of all falshood and treachery in others . and by all this , we do evidently declare and magnifie his divine perfections ; and shew to all the world what a sense we have of his goodness and greatness . . hence it is that god evermore reserved this as a proper part of that worship which was due to himself only ; and might not , without impiety , be given to any other . he commanded the jews not more to * serve him , than to swear by his name : and when , in process of time , they began to swear by some other gods ; i have shewn you both how grievously he † resented the affront , and how severely he was pleased to punish them for it . . now this being the case of an oath , that , when duly and reverently taken , it is so far from having any thing amiss in it , that it is rather and act of religious worship ; and , as such , honourable to god , as well as vseful to mankind : what reason can there be given , why our saviour should aim at the vtter abolishing of it ? or what is there to be assign'd in it , unworthy of that religion , which he came to establish in the world ? . but if there be therefore no reason to be given , why our saviour should have forbidden all manner of swearing ; sure i am there are reasons enough to be offer'd , why he should not : and those such as will render the opinion of those who pretend he has done it , very improbable ; which is all i am yet concern'd to do. . for , indeed , what practice is there upon which the peace , and welfare , and security of mankind , does more depend , than upon the serious , and sacred vse of an oath ? it is this unites men into society with each other : secures to the magistrate , the obedience , and help of the people ; and to the people the careful , and regular government of the magistrate . it is upon this assurance that the greatest affairs of life are transacted ; mens fortunes , determined ; and justice its self upheld and maintain'd . by this , evil-doers are convicted ; injuries are redress'd ; and right is administred . thro' this , men are enabled to treat with those whom they never saw before : of whose integrity they can have no other security ; nor , having this , do they desire any better . in short ; how great a confusion , how insuperable a mischief , the utter abolishing of all swearing , must bring to the affairs of mankind , this one consideration may suffice to shew ; that , ( the treachery and distrust of humane nature considered ) it would almost utterly destroy all confidence in one another ; would dissolve society , and lay the ground of an eternal fearfulness and suspicion between every man and his neighbour : and so bring in , in good earnest , that state of war , which some have fancied men naturally are born in ; and which , 't is certain , nothing but mutual trust and compacts , can keep them from . . and , if this be so , can it reasonably be imagined that our saviour christ , who was so great a lover of men , and who so well knew of what use , or rather of what necessity , the religious practice of swearing was to the world ; would , without any just ground for his so doing , have utterly forbidden the continuance of it ? . but especially , when it shall farther be consider'd , that god , under the law , did not barely tolerate this practice in the jews , as a necessary condescension to their infirmities : but upon every fitting occasion , himself ‖ sware to them ; and in many cases , † required them to do likewise ; as has been before observed . . now this , as it * plainly shews , that there can be nothing sinful in the practice of swearing , in the general ; so does it render it still more improbable , that our saviour should not only , without need , have deprived mankind of so useful an institution ; but by doing of it , should also have cast some sort of reflection upon the law of god its self , which not only allow'd , but required the vsing of it : and that too with relation to that part of it , of which he tells us , nevertheless , in this very chapter ; that he came not to destroy the law , but to fulfil it . and which we ought not therefore to doubt was what he intended , in the third ; as we confess it was what he did , in the other commandments . . i conclude , therefore , that upon all these accounts it is , at least , very improbable , that our blessed saviour should have designed vtterly to forbid all manner of swearing as sinful and vnlawful . i add , dly , that whatever that passage , we are here enquiring into , may seem to offer to the contrary , it is certain he did not do it ; as i shall now make appear . . that st. paul has solemnly sworn in almost every one of his epistles , is a * truth so evident , that it must be impossible for any one who knows what an oath is , to be able seriously to doubt of it . god is my witness , says he , rom. i. . i call god for a record upon my soul , cor. i. . the god and father of our lord jesus christ , who is blessed for evermore , knoweth that i lie not , cor. xi . . behold , before god , i lie not , gal. i. . and several other expressions he elsewhere has of the like nature . . now in all these , either this great apostle was guilty of sinning , or he was not . that he committed any sin in thus writing ; but especially a wilful , known , and deliberate sin ; is very hard to suppose : i am sure must never be allowed by those who believe him to have been acted , by the immediate inspiration of the holy ghost , in what he wrote . and yet supposing our saviour to have utterly forbidden the use of swearing , to all christians , and upon any occasion ; how shall we ever be able to excuse him , from a gross , presumptuous contempt of his commandment ? . that st. paul should have continued all his life ignorant of such a prohibition , is very strange : nor has it , that i know of , been pretended by any . . that he had any particular allowance made to him , to exempt him from the obligation of it , and to authorize him to act directly contrary to the command of christ , and to the common duty of all other christians , does not appear ; nor ought , without some very good grounds to be supposed by us . i conclude , therefore , * that had the use of swearing been utterly taken away under the gospel ; neither would st. paul have laid so great a stumbling-block in our way , as he could not but think his example might be likely to prove to the church of christ : nor would the holy ghost have given so much countenance to a practice , neither very commendable in its self ; nor , upon any account , to be imitated by those , for whose benefit and instruction , those very epistles were inspired by him . . but we have not only the example of st. paul , tho' that were enough , to direct us in this matter . our blessed saviour himself has done likewise ; and * that by the confession of those , who yet will by no means allow of his apostles swearing . it has been thought by † some , that that form of speech so often used by our lord in confirmation of what he delivered , verily , verily , i say unto you ; was not meerly a vehement asseveration , but rather a direct and forman oath . tho' in this , i confess , i am not so well satisfied , as to be willing to lay any great stress upon it ; yet that he did , truly * swear , at his arraignment before the high-priest , is hardly to be doubted . when being adjured by him , ( after the manner used among the jews ) to tell him whether he were the christ , or no : he readily complied with the obligation that was laid upon him ; and answer'd plainly , that he was . and in the x th of the revelations , st. john puts it beyond all dispute , that the angel , with whom he discoursed , did do likewise , and that with great solemnity too ; for he lifted up his hand , and sware , by him that liveth for ever and ever : ver. , . . i conclude therefore , that what god both * prescribed , and * practiced under the law ; * what not only st. paul , but our saviour christ himself , and an angel from heaven , continued to vse under the gospel : * what , being duly perform'd , is for the honour of god , and the benefit of mankind ; but , being * vtterly forbidden , must turn very much to the detriment of the world : as it cannot be in its self evil , so neither was it ever intended to have been abolish'd by our blessed lord as such . . but what then shall we say to this passage of st. matthew ? swear not at all. can any thing be more express ? or could our saviour have spoken more plainly , had he design'd to have done , what some pretend he has done ? . to this i answer , and it is the next consideration i have to offer for the clearing of this difficulty , ( dly ) that it is not enough that the words of any prohibition are general , to oblige us to understand it in the utmost extent that the expressions are capable of : but we must withal consider , what it is reasonable to suppose was designed to have been forbidden by them . . for proof of which remark , let us look back only to the st verse of this chapter ; where we meet with a case not very different from that before us . ye have heard , says our saviour , that it has been said by them of old times , thou shalt not kill . and in the xx th of exodus , the command is absolute and express , thou shalt not kill . and some , we know , have been so very tender as to imagine , that it is no less unlawful in any case , or upon any pretence , to put a man to death , than others have thought it to be to take an oath . and yet at the same time that that prohibition was delivered to the jews , god himself establish'd the power of life and death , in the civil magistrate ; and in one of the first laws that was given to mankind , declared , that whoso shed man's blood , by man should his blood be shed . . to know therefore how far we are to extend the force of any prohibition ; we must consider , not only how general the letter of the law is , but what were the occasion and design of making of it . now the end of the sixth commandment was to restrain private violence ; and to tie up mens hands from rashly assaulting , and hurting of one another . and therefore to private persons , and in all the common circumstances of life , the command is absolute , and admits of no restriction ; thou shalt not kill . but in the publick administration of justice ; in defence of a man 's own life ; in a lawful war , where the welfare and security of our country are at stake ; in these cases , as the design of the law is not concern'd , so neither must the meaning of it be extended to them . . and so it is in the point before us : swear not at all , says our blessed saviour . but in what cases ? and after what manner ? why not on every slight occasion ; nay not on any occasion , where , without violating the bonds of justice and charity , you can avoid the doing of it . and even there where you cannot , yet swear not after the manner that the jews were wont to do ; for whose correction our saviour , as i shall presently shew , deliver'd the prohibition , of which we are now speaking . . and this brings me to the ( d ) and last thing i have to observe , for the clear understanding of the words before us : and that is this ; that if we will come to a right apprehension of our saviour's intention in them , we must examine what there was amiss in the common practice of the jews , as to this matter ; and by that we shall be able the more easily to judge , what is forbidden to us in it . . now the faults of the jews , as to this point of swearing , were these : st . * that they allow'd themselves to swear , almost upon any occasion , tho' never so vain and impertinent ; provided only that they did not swear by the sacred name of god ; and which indeed , they agreed , was not to be taken into their mouths but upon some great occasion , and with a due regard had to the honour of it . but that which was yet worse , was , ly : † ▪ that they supposed that by many of those lesser oaths , they were not so strictly obliged to speak , and act , according to the intention of them ; but that they might , without being forsworn , either dissemble their knowledge , or neglect their promises , which they confirm'd only by such oaths as these . . that these were the measures by which the jews govern'd themselves , as to this matter , both their own ancient writers tell us ; and our * saviour himself , in part , declares to us . and i need not say any thing to shew , that the design of all this was to avoid the obligation of the third commandment ; to the due observance whereof , our saviour therefore , in this place , intended to reduce his disciples . . and to that end , st : that he might the better keep up the reverence of an oath , he expresly forbids that customary and familiar vse , which the jews had been wont to make of it . i say unto you , swear not at all ; neither by heaven , for it is god's throne ; nor by the earth , for it is his footstool ; nor by jerusalem , for it is the city of the great king. that is , swear not at all after * that way that the jews were wont so readily to do ; nor in † such cases , in which they therefore made use of these lesser forms of swearing , because they thought it neither decent , nor lawful , to swear by the name of god. . now that which yet more confirms to us the reasonableness of this interpretation , is , that our saviour himself , in the prosecution of this very subject , plainly restrains his discourse to the same cases , in which the jews were wont to use those forms of swearing , which he here mentions . but let your communication , says he , be , yea , yea ; nay , nay . that is , in your private discourse and affairs with one another ; let it suffice you , instead of swearing after the manner of the jews here reproved , barely to affirm or deny what you have to say : or at the most to add some innocent asseveration to it , for the farther satisfaction of him to whom you speak ; for whatsoever is more than this , cometh of evil . . and thus far it was undoubtedly the design of our saviour , to forbid the practice of swearing altogether ; and to declare it , in such cases , to be vtterly evil and vnlawful . and therefore , as to what concerns this kind of swearing ; ( and to which both the practice of the jews here intended to be corrected ; and the instances given of the oaths which they made vse of ; and the direction of our saviour how to behave our selves on such occasions , do all evidently refer ; ) the prohibition is vniversal , and admits of no exception ; i say unto you , swear not at all : no not tho' what you swear be never so true , or you should be never so much provoked to swear to it . . but indeed , i am apt to believe that our saviour intended somewhat more than this , in his prohibition as to this matter : and that , because the abuses which the jews are charged with in this particular , required somewhat more to be done for the security of that commandment , which he was here concern'd to restore to its full force . and that is this : that because such is the nature of mankind , that we are but too apt to trifle with the most sacred things ; as we see the jews , in the case before us , most notoriously did ; who for that reason set up the lesser kind of swearing here mentioned , that so they might both the more freely use it , and the more easily break thro' the obligation of it : therefore our saviour resolved , at once , to prevent all future corruption of this kind , by utterly * forbidding men to swear any otherwise , than by the name of god only . . and if this be allow'd , then here we shall again have another good account of the vniversality of our saviour's prohibition as to this matter . i say unto you , swear not at all ; that is , not at all by heaven , or by the earth , or by any other the like forms : but when you shall find it needful to swear , swear directly by the name of god ; and then you will both the more rarely do it , and when you shall do it , will be the more likely to swear truly , and to perform to the lord your oaths . . from what has been said , we may now see what that swearing is , which our blessed lord has forbidden , as vnlawful to us christians : namely , first , to swear at all in our common and private affairs , with one another ; when there is neither any suitable occasion for it ; nor any necessity laid upon us so to do . and , secondly , to use those little , affected modes of swearing , which custom and design brought in among the jews , and which are still but too much allow'd of among us at this day . and by both which , the majesty of god is profaned ; perjury is encreased ; faith and confidence are lessen'd among men ; and their immortal souls are continually exposed to ruine and destruction . i shall therefore make a few practical reflections , upon each of these kinds of swearing ; and so conclude this chapter . . and , first : as to the case of light and customary swearing , it is certain , that for a man to swear in his common , ordinary conversation ; where there is either no need at all of an oath , or none that is proportionable to that reverence which ought to be paid to it ; is absolutely evil , and vnlawful . it is indeed to profane the sacredness , and to prostitute the design of an oath : and puts such an † affront upon god , as we would be ashamed to put upon one of our fellow-creatures . . and yet , alas ! how ordinary a practice is this among us ? and how often do we see men call god to witness , not only without need , but with such little regard too ; that i am afraid many times they do not know themselves when they do so . . nay and well were it for them , if they did this only upon too light occasions : but very frequently they do it upon such , as are extremely indecent , if not sinful . to bear witness to their lewdness , their profaness , and their debauchery . to bind their obligations of iniquity upon their souls : and to confirm their envious , their malicious , and covetous purposes , against their neighbour . . these are , god knows , very terrible considerations : they make me even tremble at the remembrance of them . and yet thus is god's name profaned without horrour ; and we suffer it without concern . . but i must go yet farther : for tho' this be that swearing which our saviour seems chiefly to have spoken against in this place ; yet i doubt not but that much more is required of us . and therefore i add , dly : that as a man ought never to swear , but up on some great , and solemn occasion ; so neither should he swear , of choice , even then ; nor till he ha● first indeavour'd , as far as is fitting● to avoid it . . it was the opinion of ● heathen moralist , that a good man ought never to swear , but upon on● of these two accounts ; either t● serve his friend , or to vindica● himself from some foul and scan●dalous aspersion . . tho' in this , i think , he was too severe ; yet as , i presume , there are not many cases in which a man ought voluntarily to swear ; so , i believe , this one general rule may comprehend the most of them : namely , that we should never do it , but when it is necessary , either for god's glory ; our own justification ; or our neighbours good. but as for any other considerations , i am perswaded , that it were better a man should sit down under any tolerable inconvenience , than flee to an oath for the prevention of it . . and this i say as to the case of voluntary oaths : as for those which are imposed by publick authority , the subjects rule must be to yield to them in all honest and lawful matters ; and to take such , as he can , with a good conscience , take . as for the reasonableness of requiring them , that is their business to consider who oblige us to the taking of them : and who ought to remember , that they shall assuredly answer to god for it , if by imposing them too often , and upon too slight occasions ; where neither the necessity of government , nor the publick peace require the doing of it ; they shall cause god's name to be profaned ; shall burden their neighbours conscience ; and , by degrees , take off very much from the religion and reverence of swearing . . but , dly : and to conclude these first sort of remarks . as the commandment here referr'd to by our saviour , thou shalt not forswear thy self ; and expounded by that additional paraphrase , but shalt perform to the lord thine oaths ; has ever been look'd upon to relate * more especially to promissory oaths ; in which the danger of perjury is much the greatest , and there will therefore need the greatest care and circumspection to be used , in order to the prevention of it : so am i apt to think , upon all these accounts , that we ought to look upon our selves as yet more concern'd to avoid such kind of oaths , as far as it may be in our power so to do , rather than any others . . a wise man will oblige himself , as seldom as he can , by a bare promise : because he cannot tell what may happen , nor to what inconveniencies he may expose himself , by the making of it . and surely much less ought a good man to bind a promise upon himself by an oath ; unless it be upon some urgent occasion , and in which he shall account it to be his duty so to do . . and this may suffice to have been observed , with relation to the first thing here forbidden ; viz. the frequent , and vnnecessary , and vnworthy vsage of an oath . as for the other case proposed ; i mean the abstaining from those lesser modes of swearing here referr'd to ; and , i believe , forbidden too by our saviour : it may be consider'd ; . st : that tho' it should be doubtful whether it be simply , and absolutely vnlawful , to make use of them ; yet it cannot be questioned but that it must be much safer , not to do so : nor can there be any reason given , why a wise and good man , should ever venture upon the use of them . . that it must be much safer to abstain altogether from them , is manifest from hence , that it is ( at least ) probable that our blessed lord did intend , in this place , to restrain the use of them : i am sure no one can ever shew , upon any good grounds , and such as may justifie a man's conscience in the allowance of them , that he did not . . and then , for the other part of my assertion ; that there can be no reason for a good man to venture upon the use of them , it is evident ; because , those things which , in such a case , a man swears by , must be consider'd either as relating to god , and terminating the oath in him ; and * then , to swear by them , is the same thing as to swear by god himself ; and to prostitute such oaths to a common vsage , is as criminal as to profane the very name of god : or if they are uncapable of being thus referr'd to god , and for that reason may be thought not to oblige ; then is the use of them vain and delusory ; and so either no end at all ; or , to be sure , no good one can be design'd by them . . but , dly : whatever becomes of this reflection , thus much is certain ; that to use any of these oaths with the intention of the jews , here condemn'd by our saviour ; that is to say , for the promotion either of common and vain swearing , on the one hand ; or of fraudulent and deceitful swearing , on the other ; or to recurr to such kind of oaths in any case , in which we should not think it decent , or lawful , to swear by god himself , is absolutely vnlawful ; and undoubtedly prohibited by christ , as such . . but here then i must not be mis●understood : for tho' i say that a good christian ought not to swear by any , but god only ; yet i do not pretend that we must always do it with a direct mention of his name ; and in those express terms , * which some have vainly thought alone properly to constitute an oath . many are the forms into which the substance of an oath may be cast , and in several of them the name of god not at all express'd ; and yet the oath be made by him only . . thus st paul , tho' he generally mentioned the very name of god , yet sometimes he put his oath into another form ; and * protested by the rejoycing which he had in christ jesus our lord , cor. xv . and when often times we our selves lay our hand on the holy scriptures , and having first conceived the substance of the oath , conclude with this form , so help me god , and the contents of this book : we as really swear by god alone , as if we had altogether stopp'd in the former part of our appeal ; or only said with the apostle , god is my witness . . in all these cases , it is enough that we make it plain that we refer to god , and to him only , for the truth of what we speak : and then howsoever our words may run , the oath will still be understood to terminate in him alone . . i say to god only : because otherwise tho' we should swear expresly by god , yet if we shall joyn any other together with him , as the jews did sometimes heretofore , and as those of the church of rome do notoriously at this day : in such a case , our oath will again be faulty ; and we shall , in the very manner of our swearing , be guilty of a sin , but little less criminal , than that of perjury its self . . and thus have i offer'd to you such considerations , as seem'd necessary to shew , what that swearing is which our saviour has truly forbidden under the gospel . i shall conclude this point , with those words of the son of sirach . ecclus. xxiii . . accustome not thy mouth to swearing , neither vse thy self to the naming of the holy one. for as a servant that is continually beaten , shall not be without a blew-mark ; so he that sweareth , and nameth god , continually , shall not be faultless . he that useth much swearing , shall be filled with iniquity , and the plague shall never depart from his house . chap. iv. of the several ways of confirming what is spoken , or promised , under the degree of an oath ; how far they may be made use of in mens private conversation ? and for what reason it was not fitting that men should have been allow'd to go any farther ? . having now shewn , from the words of our blessed saviour , how careful a good christian ought to be not only not to forswear himself ; but , as far as he is able , not to swear at all : it remains , for the final clearing of this subject , that we go on , upon the same principles , to enquire , how we are to behave our selves , in our common discourse , with one another ? and here the rule proposed to us is this ; let your communication be yea , yea ; nay , nay : and this reason given , why we ought to confine our selves within the bounds of it ; for , says our saviour , whatsoever is more than this , cometh of evil. i shall distinctly consider each part of it ; and endeavour , first , to shew you , what our duty , with relation to this matter , is : and then , secondly , to convince you , of the reasonableness of that motive , which our blessed saviour has here made use of , to oblige us to walk according thereunto . . and , first : for what concerns the rule here laid down ; it was the opinion of a very learned man in his remarks upon this passage ; that these words of our saviour , let your communication be , yea , yea ; nay , nay ; are to be expounded by those of st. james , to the same purpose , jam. v. . let your yea , be yea ; and your nay , nay : and the account he gives of both of them is this ; that our actions should be agreeable to our expressions ; and that whensoever we promise any thing , we should be sure to take especial care that our performance be accordingly . . tho' this be , no doubt , the duty , and should be the care of every good christian ; yet can i , by no means , think it a proper account of our saviour's meaning in the words before us : in which it was certainly his intention to direct us , how to manage our selves in our * discourse , or as we render it , our communication with one another ; and not how to conform our performances to our promises . . that st. james had a regard to this passage of our saviour , in that exhortation which he gave to the same purpose , i make no doubt : nor shall i deny , but that they may possibly have both of them meant the same thing . but that either the one , or the other , intended to restrain the doctrine here delivered concerning swearing , to promissory oaths only ; or indeed aim'd at any thing more than to shew us , how we should behave our selves in our conversation with one another , does not appear from either of their expressions ; nor ought , without reason , to be supposed by us . . and therefore , dly , and to come more closely to the explication of the words before us : as it is plain from the whole tenour of our saviour's discourse in this place , that a good christian may , without all scruple , affirm what is true , or deny what is false ; so the least we can inferr from the repetition here made of the yea and nay , is this ; † that if one assertion or denial of either should not be sufficient to satisfie the person with whom we converse , of the truth of what we speak , we may renew our discourse , and confirm it again and again to him : and by that means move him the rather to believe us , when he shall find us constantly to persevere in our assertion or denial of it . . nor , indeed , can any question be reasonably made of the lawfulness of our doing thus much , to satisfie the jealousie of our neighbour , and to justifie our own fidelity . for if we may innocently declare what we know once , what harm can there be in doing it a second time ? and if it be requisite that we should do so , to gain the better credit with our brother ; and to convince him the more undoubtedly of the truth of what we say : seeing both the end for which we do it is innocent , and there is nothing vnlawful in the act its self ; where can the harm of such a repetition be ? . this therefore is the least we can suppose our saviour hereby intended to allow us to do , for the better confirmation of what we promise , or assert . and i cannot tell but that his words may fairly be extended a great deal farther ; and be understood , dly ; to allow us , if need be , not only to re-iterate what we say , and thereby to fix the belief of it the more firmly in the mind of him with whom we converse ; but that with some kind of * earnestness too in the repetition : with some such vehemence of expression as may serve to add a new force to our words ; and effectually shew that we have both duly consider'd , and are very well assured of the truth of what we report ; or of our resolution to fulfil what we promise , in them . . this was the method which our blessed saviour himself commonly follow'd in his own conversation : and frequent instances we meet with of it , in all the parts of his gospel . so in this very chapter , verse . * verily i say unto you : and again , verse . verily i say unto thee . and that this may reasonably be presumed , to have been allow'd us in the present passage , we may conclude from hence ; not only that this is the least degree of assurance we can give to the truth of what we say , above that of a simple delivery of it ; and neither cometh of evil , nor tendeth to it : but that the very expressions themselves which we render yea , and nay , do import , not a bare affirmation , or denial ; but that with some such vehemence as this . insomuch that in the holy scriptures themselves , we find the word which we render * yea , made use of instead of an asseveration ; and by our own interpreters translated accordingly . † and even where it is not so , yet the discourse its self shews , that there is somewhat more than a meer affirmation designed by it ; as might easily be made appear , in several examples , were it needful to insist upon it . . let us add to this , that in the stile of the sacred pen-men , the repetition of any word , generally denotes somewhat of a * vehemence designed by it . hence it is that our saviour does not only commonly make use of the asseveration before mention'd ; but when he would imprint what he said , in a more particular manner , upon mens minds , and engage them to a more serious consideration of it ; doubles it too ; verily , verily , i say unto you . and from all which put together , we may , i think , very safely conclude , that we also , after the example of our blessed master , may not only with great plainness and earnestness affirm the truth of what we speak ; but may , if need be , add some such asseveration to it , as he was wont to do ; and even fairly interpret the very words before us , to allow of it . . from what has been said , it appears ; either that such asseverations as those i have now been speaking of , do expresly fall within the design of the present text , ( and that some have thought to be the more probable ; ) or most certainly , * are not repugnant to it . but now , thly : and to advance yet one step higher : what shall we say to another sort of confirmation , frequently made use of heretofore , and not uncommon with us at this day ; whereby to convince men of the truth of what we say ; and that is , by pledging ( as it were ) somewhat which is very valuable to us , for the certainty of it . . this is that kind of confirmation , which , as distinguished from the fore-going , is usually called * obtestation : and it differs from an oath in this ; that an oath has always a respect to god , and either expresly , or by construction , denotes an appeal to him for the ●ruth of what we utter : whereas , in the way i am now speaking of , we only interpose the authority of somewhat , which is either evidently certain , or apparently dear to us ; to bespeak our sincerity in what we deliver under the caution of it . . such a ratification as this is that which we meet with so commonly in the old testament , * as thy soul liveth . and it has been thought by some , that joseph really did no more than this , when he seem'd to † swear to his brethren , by the life of pharaoh , gen. xlii . . and as for the new testament ; ‖ what if that form of speech made use of by st. paul , cor. xv . . and which some , as we have seen , will have to be an oath , was indeed no more than an obtestation : i protest by your rejoicing which i have in christ jesus our lord . at least i cannot but think , that those | primitive christians , of whom tertullian speaks , meant no more ; who refused to swear by the fortune , or genius , of their emperours ; lest they should seem to appeal to the deities of the heathen : but yet freely gave assurance of their fidelity to them , by their health and safety , which ( as he expresses it ) was very dear to them ; and equal , in their account , with the greatest oath . . that such kind of confirmations as these , of the truth of what we speak , may ( upon occasion ) not only innocently , but commendably , be made use of ; for the better prevention of down-right swearing , is , i think , not to be doubted : but yet i cannot tell , whether they may be reckon'd to fall within the direct allowance of the present text , tho' they are certainly * consistent with the design of it . and therefore , i do suppose that next to formal-swearing , these kind of obtestations ought the most rarely , and with the greatest caution , to be made use of by us . . but if the matter be weighty ; and if it be needful to do somewhat more than ordinary to convince the person with whom we discourse , of the truth of what we speak : and if such a lesser ratification of it , will prevent our recurring to the last and highest , i mean , that of an oath : i cannot see why we should not rather chuse to pledge our own honesty or truth ; or to corroborate what we say , by comparing the certainty of it , with somewhat of which there can be no doubt ; such as our own , or his life with whom we converse ; rather than accustom our selves to call god to witness in any case , in which it may lie in our power to avoid it . . and thus have i done with the several kinds of confirmation of what we affirm , below the degree of an oath . i cannot tell whether it may be needful for me to take notice of yet another method , which has but too much obtain'd in the world , to the same purpose : and that is , thly , when to assert the truth of what they speak , men flee to some curse or imprecation upon themselves , if they prevaricate in it . but as every oath does in its nature imply an appeal to the justice of god , as well as to his knowledge ; and , by consequence , does inferr a * tacit imprecation of his vengeance upon us , if we deal falsly with our neighbour : so thus much we may be sure of , that were such imprecations , otherwise , never so lawful , in order to this end ; yet they ought not to be used at any time , or upon any occasion , in which we may not lawfully take an oath . and therefore that both out of charity to our selves , and out of reverence to god's judgments ; we ought to lay aside the practice of such curses altogether : seeing they can neither be ever made without horrour ; nor may be made in any case , wherein we may not give our oath , not only with an equal satisfaction to our neighbour , but with greater decency and conformity to the principles of christianity . . and now , to lay together , in short , the several rules , by which we are to govern our selves in our communication with one another ; according as i have hitherto been more largely stating of them to you . . if what we say be a matter of meer indifference ; so that it is of no great consequence , either to our selves , or any other , whether we are believed or no : in that case it may suffice * barely to relate what we know of it ; without troubling our selves , by any of the ways i have now been speaking of , to give any farther confirmation to it . . if our discourse be of such a nature , that it may concern our neighbour to give credit to it ; or it may , perhaps , upon our own account , be convenient that he should do so : we may then confirm ▪ the truth of what we assert , either by a * repeated assurance of it ; or , if that will not suffice , by adding such an * asseveration as may shew that we speak very seriously , and with a well-grounded confidence of what we say : such as verily , or indeed , or in-truth you may believe me ; or by some other expressions of the like nature . . if this does not yet satisfie the mind of our neighbour , and the subject of our discourse be so important as to demand a still higher conviction of the truth of it ; then , thirdly , i conceive we may proceed to a yet higher and more forcible confirmation of what we say , by that more weighty kind of assurance , which , if not comprehended under the expressions of the present passage , is yet certainly within the reason , and may be built upon the grounds of it . such are those * obtestations so usual among our selves , vpon my word ; if i am alive ; as i am an honest man , and the like . and such was that of st. paul heretofore , cor. xi . . as the truth of christ is in me. only as these are still greater corroborations of the truth of what we speak than the other ; so ought they to be used more seldom , and with greater care , and upon more weighty occasions ; when 't is very highly expedient that we should be believed in what we say . . and here we must stop in our communication with one another . for the next degree of assurance , above this , is an oath : and that i have already shewn you , must very rarely be made use of ; indeed never but when we either cannot , by any means , avoid it , or the matter is such that we ought not to decline it . . which being thus resolved , in answer to the first thing i proposed to consider ; let us go on , in the next place , to see , what the import of that motive is which our saviour here proposes to us , to engage us to keep within these bounds , in our common affairs with one another ; and that is , that whatsoever is more than these cometh of evil. . it has been doubted by some whether what we render cometh of evil , might not more properly have been translated , ‖ cometh of the evil-one . but as the original is certainly capable of either of these senses ; so the assertion of our saviour will hold good in both of them : the custom of vain-swearing being altogether wicked and unreasonable ; and not only proceeding from an evil principle , but in its nature , tending to an evil end too ; and upon all these accounts coming from the evil one . . and first ; whatsoever is more than these cometh of evil. and that whether we respect * ou● selves , or * others ; * the custom o● making , or the * cause of requiring an oath , for the confirmation of what we say . . if we consider the grounds of common-swearing with respect to * our-selves : it must proceed either from an * evil-custom , or from an * evil-principle ; and upon both those accounts , be utterly wicked and vnjustifiable . . for ( st : ) as to the * custom of such swearing ; we know that every sin is by so much the more hainous in its self , and more dangerous to our souls ; by how much the habit of it is the more deeply rooted in us . insomuch that it is from this that a man takes his denomination ; and is look'd upon to be either a good , or a bad man , according as the common practice of his life bespeaks him to be . . the best christian may be tempted , and fall into sin ; and sometimes do that which he ought not to do . but yet whilst this is not his custom ; whilst the general bent not only of his desires , and endeavours , but of his actions , and conversation too , lie towards his duty ; neither will god exact every such sin of him , nor ought men to censure him too severely for them . for this is the misfortune of our present state , and while we are in this world , will always be so ; that in many things we shall offend all. . but when once any sin becomes habitual , and men make a common , or rather a constant , practice of it : the very custom of it renders such a sin both unpardonable by god , and justly censurable by all good men. . so that supposing then that common and vain-swearing are sinful ; as both our saviour here warrants us , and i have before shewn , we ought to account it : the custom of such swearing must be yet more evil ; and the sin not the less , but the greater for proceeding from it . . but indeed before men can arrive to such a custom , there must be in them some evil principle or other to give birth to it : and such swearing must , upon this account also , come of evil , that it must be derived from some source that most certainly is so . . for since such swearing is not only plainly forbidden in the gospel , but is withal , in its own nature , so indecent , and vnfitting ; that 't is impossible for any man who has either any true value for god , or has ever seriously consider'd the meaning of an oath , to approve of it : certain it is , that that man must be either very negligent of himself , and very unsensible of his duty ; or he must be become altogether wicked and profane , who allows himself in the customary practice of it . and from which soever of all these principles his swearing does proceed , what our saviour here tells us of it will still remain true , that it cometh of evil. . nor will this usage be found to fall any less under the same character , if we shall consider it with respect to those who require such oaths of others , and prompt men on to the practice of them . . * for since to encourage another to sin , but much more to require what is evil of him , must be highly criminal ; as being not only contrary to the duty which we owe to god , but also to that charity which we ought to have for our neighbour's soul : certain it is , that no one who looks upon it to be unlawful to swear vainly can , without sin , allow , much les● encourage and oblige another so to do . and therefore it must remain that upon this account also , as well as upon those i have already mentioned , this practice must be confessed to come of evil. . but , indeed , were it not for the evil , that is to say , the wickedness of men ; there would be neither any need of swearing at all , nor any temptation to it . and this will yet more verifie our saviour's assertion ; and shew that the very ground and foundation not only of false and vain-swearing , but of all swearing whatsoever , cometh of evil. . now that i thus make out . the only solid reason that can be given why men should ever swear at all , is upon the account of its usefulness , or rather necessity , for the confirmation of what they say . but now were it not for the corruption of our nature , and that falseness and insincerity , which so much abounds in the world ; and for those jealousies and suspicions , which men have entertain'd of one another upon the account of it ; where would be the need of any such confirmation ? were there no such thing as malice , or envy ; interest , or design ; covetousness , or injustice ; lying , or dissimulation , known among us . but , on the contrary , every one was honest and ingenuous ; and might securely be trusted by his neighbour , as such . in short , were our condition so happy , that men reckon'd their word , as sacred as their oath ; and would be as careful of what they said , as of what they swore ? . but because , god knows , the case is much otherwise with us ; and men are so full of tricks and cheats , are so subtle and deceitful , so vain and vnconstant , that we know not where to have them , or when to rely upon them ; and it is hard to find out any bond that is sufficient to assure us that they act sincerely ; therefore it has been found necessary to recur to this obligation : that if there be any fear of god , or any sense of goodness remaining to them , they may by this means , at least , be engaged to deal uprightly ; and not presume to call god to witness , but when they are resolved to speak and act , as they ought to do . . and now when such is the ground of our appealing to god at all ; when 't is the wickedness and falseness of mankind that has given occasion to the vse of an oath ; and without which there would never have been any need of it : well may our saviour give this for his reason why all honest and good men should decline swearing , as much as they can , that it cometh of evil ; that is , was found out as a remedy to the evil of our natures , and to secure the truth of false and insincere men. * for sure a better , or more sensible motive cannot be offer'd to engage such persons to abstain from it , than this ; that 't is an affront to their honesty , a scandal upon their integrity : at least that it is a tie which was never intended for men of their character ; nor can be allow'd by them , without seeming to own , that they are not so faithful and ingenuous as they would be thought to be . . but , secondly : as the practice of swearing , especially in our common dealing , and conversation with one another , howsoever it be consider'd , cometh of evil ; so , to complete the iniquity of it , will it be found to tend also unto evil : and upon that account , as well as upon those already mention'd , to come from the evil one. and that especially in these ( . ) respects : as it is apt , ( . ) to give an evil example to others . ( . ) to take off from the reverence of an oath ; and from that due regard which ought to be had to it . and , ( . ) in the consequence thereof , to lead men into a general profaness ; into an vnconcernedness for , if not into a contempt of , whatsoever is sacred . . and ( st . ) the common practice of swearing , tendeth to evil ; inasmuch as it is apt to give an ill example to others . for tho' this be a sin which has neither any pleasure , nor profit , to recommend it ; nor should men therefore , one would think , be apt to be tempted to it : yet alas ! experience shews us , that even custom its self is alone sufficient to propagate an evil practice ; and to prompt men to do that themselves , which they see others do before them . . this is so just a reflection , that it is , perhaps , the only account that can be given , how men come to swear so ordinarily , and upon such little occasions , as they do : in such cases , where there is neither any manner of need of an oath for the confirmation of what they speak ; nor have they , often times , any such design in it . but 't is a fashionable way of adorning , or rather of profaning their discourse ; the practice of it is become almost epidemical : and they have , insensibly , accustomed their tongues to it , till at last they neither know how to avoid it , nor are themselves sensible when they do it . . so easily are men brought to profane the name of god! and such a mischievous influence has the practice of common-swearing , begun at first by a few profligate men , had , to spread a general contempt of the divine majesty over the face of the earth ; and to weaken one of the most sacred bonds of truth and fidelity , that was ever given to mankind . . and this brings me to the next ill-effect , which this customary swearing has had , in consequence of the foregoing : and that is , ( dly . ) to take off from the reverence of an oath , and from that due regard which ought to be had to it . . that perjury is a sin both too lightly consider'd , and too commonly practis'd among us ; is too plainly seen , and has , i believe , been too sensibly felt likewise , by many of us , to suffer us to make any doubt of it . and how far the prevalence of common , and vain-swearing , may have contributed to this evil , i shall leave it to every serious christian to consider . . in the mean time , thus much is evident ; that an oath , from being one of the most sacred and sure bands of faith between man and man , is now become of very little benefit or security to us . men take them without fear , and too often without considering what they do : and when they have taken them , they many times shew as little regard to them in their practice , as they at first did reverence in approaching to them. . and , indeed , how should we expect that he who puts no value upon an oath in his common talk , should be much more concern'd for it , only by the addition of a little more solemnity to it ? or be afraid to break his promise , or to dissemble the truth , which he ratifies by an appeal to god , when imposed upon him ; who has no regard to either , tho' he swears to them an hundred times of his own accord . alas ! an oath is only terrible to a young beginner : to him who considers what it is ; and who has the fear of god's knowledge and justice , still vigorous upon his mind . but to him who swears every hour that he lives ; who trafficks with it , and could not tell how to carry on his business without it : who swears with as little concern as he talks ; and values an oath , no more than he does a common lie : what can we expect but that as such a one's regard to this sacred tie is very small ; so his care to answer the end of it should be proportionably small too . . to such a terrible height of wickedness is common-swearing apt to bring men at the last . nor does the evil of it stop here ; but , ( dly ) and lastly ; from the particular contempt of an oath , carries men on , by degrees , to a general profaneness ; to an vnconcernedness for , if not a neglect of , whatsoever is sacred . . and this is still but the natural progression of this sin ; and the next step to that i before mentioned . for since the honour of god , and his power and justice , are all despised , and that in a most outragious manner , by the sin of perjury ; so that a man must have laid aside all regard to these , before he can harden himself to the practice of that : what should hinder him who is become so great a proficient in wickedness as to be able to trample under foot the honour , the power , the justice , and even the vengeance of god too , in one great instance ; from proceeding , if need be , to do it as readily in any other ? . that to swear is not only truly an act of religion , but one of the most solemn acts of it ; and most apt to stir up in our minds a fear of god , and reverence of his name , is not to be deny'd ; . that to do this lightly , and vnadvisedly ; but especially to do it falsly ; only to carry on our own designs , or to promote our own interests , at the expence of god's glory : must be not only horridly to profane the sacredness of an oath , but to flee directly in the face of god , and to bid defiance to damnation ; the necessary importance of an oath , will not suffer us to doubt . . now when once men are become so deeply rooted in impiety as to be able to do this , what is there left to restrain them from a general state of profaneness and irreligion ? it is but proceeding upon the same principles , and doing that in the other instances of religion , which they do in this : and why they should not do so , if ever their passions or their interests should prompt them to it , i cannot see ; and we need not question but that they will go on accordingly . . if therefore we have any regard to god's glory ; if any concern for our own souls ; let both these perswade us not to allow our selves in a practice so offensive to the one , so dangerous to the other . . let those despise the sanctity of an oath , and prostitute it to a common and profane vsage ; who know not how sacred a thing it is , and how dangerous to indulge the customary practice of it . but let it suffice us to take that liberty which our blessed lord has left to us , not only as the most safe ; but as ( in the general affairs of life , ) sufficient too . and let us so much the rather content our selves with it , by how much the more plainly it appears from all those considerations i have now been offering to you , that whatsoever is more than that , cometh of evil. chap. v. wherein an enquiry is made into the causes both of that common , and false-swearing , which so much abounds in the world : and some directions are offer'd for the better prevention of both of them. . i have now done with our saviour's discourse , relating to the point of swearing ; and might with that , have reasonably enough concluded my reflections upon this subject . but because there are some things which i could not so well refer to any of those heads i have before treated of ; which yet , i conceive , may usefully be observed by us upon this occasion : i shall chuse rather to put them together , a little out of place , than wholly to pass them by . . now the summ of what i would farther propose , for finishing of this whole subject , may be reduced to these two general heads : i st . i will consider , how it comes to pass , that men are so forward to swear , almost upon every occasion ; and too often venture , even to forswear themselves . and having given such an account as may be necessary of this matter , i will go on , ii dly , to offer some particular directions , for the better correction and prevention of both those evils . . and , st . let us consider , how it comes to pass , that after all our saviour has said to the contrary ; yet we see men , nevertheless , not only so forward to swear , almost upon every occasion ; but too often venturing even to forswear themselves . . in the prosecution of which enquiry , it is not my intention to make any laborious search into the causes of that common-swearing which has so vniversally , almost , obtain'd in the world ; and makes up a great part of mens ordinary discourse with one another . for tho' that be , without controversie , a very grievous sin , yet is it withal a very vnaccountable one too . a sin which men commit to serve no end ; to gratifie no lust ; to carry on no business by . without profit ; without pleasure ; i had almost said , and without temptation too . in short ; a sin by which they dishonour god , and ruine their own souls , to no purpose : but do the work of the devil , without that common-encouragement which , in most other cases , he allows wicked men , to reward their doing of it . so that for ought i know , the best account that can be given , why men ever fall into this sin at all , is ; that they have slipp'd into the habit of it , they know not how : and custom has made it a fashionable vice. they look upon it as a modish way of discourse ; and think it would bring an imputation upon their breeding , if they should altogether forbear it : and render their conversation flat , and insipid ; for want of that profaneness , which indeed is , many times , the only thing that is remarkable in it . . but this is not that swearing i am now concern'd for : nor do we find that our saviour has had any regard for such sinners as these . if men will run into evil habits without need , it is but fitting they should perish without pity : and not expect to be argued out of a vice , which is so far from having any shew of reason to justifie it ; that it has not so much as any temptation , that may serve to make an excuse for it . the swearing , i am now speaking of , is of another nature , and practised by a better sort of men. by such as acknowledge the obligation , tho' they do not sufficiently consider the sacredness of an oath : and for that reason allow themselves , on every little occasion , to flee to the use of it ; as long as they do but take care not to confirm any thing , but what is true , by it . and whence it comes to pass , that so many , even among the higher rank of christians , are yet thus forward to swear ; is the first thing i proposed to enquire . . and here ( st . ) it may be consider'd , that every one , who has any sense of probity remaining in him , desires to be believed ; especially in what he seriously affirms or denies : and cannot but think it very hard to be suspected of any falseness and vntruth in his discourse . besides that , often times , it may be of concern to him that he should be believed : and to leave his veracity in doubt , may prove not only to his disgrace , but to his damage also . . now interest and reputation , are two of the dearest things in the world to most men ; and the love of which they can the most hardly overcome . and therefore when these shall prompt a man rather to confirm the truth of what he speaks with an oath , than to run the hazard of suffering in one , or , it may be , in both of them ; there had need be a deep sense of religion , and a very awful dread of an oath indeed , rooted in a man's heart , to keep him from so doing . . let us add to this , ( dly ) that unreasonable jealousie which abounds in mankind towards each other ; and moves them upon the least appearance of reason ; nay , and often-times without any ; to suspect one another . hence it is that if a matter be but of never so little importance ; if it be for a man's advantage , or disadvantage ; for his pleasure , or trouble , to be thoroughly convinced of it : it is seldom known that they will be satisfied with the bare word of him who reports it unto them ; or with any thing less , than his swearing to the truth of what he says . and if , out of conscience to his duty , and being unwilling to break in upon the sacredness of an oath , he should chance to refuse so to do ; it is great odds but he shall be urged and provoked to it : and hardly avoid the censure of speaking falsly from those , who having no respect for an oath themselves , will not easily be perswaded that another should have any higher regard to it ; or refuse to swear upon any other account than this , that he is conscious to himself that what he says is false ; and therefore he dares not swear to the truth of it . and many there are , even among the better sort of men , who by this means are betray'd into an undue usage of an oath : and chuse rather to swear , when otherwise they would not do it , than to bear the reproaches of those to whom they speak , by a peremptory refusal of it . . again ( dly ) to men who have either no true sense at all of religion upon their minds ; or have not sufficiently consider'd the nature of an oath , and convinced themselves thereby how much the honour of god is concern'd in our using of it ; and how cautious we , therefore , ought to be , upon what occasions we do swear : the customary forwardness which we complain of in most men to recur to this way of confirming what they say , may be , and ( i believe ) has been , a great inducement , to the over-easie practice of it . . there are few christians so ignorant as not to know , that perjury is a very hainous sin , and such as may not be committed , without the peril of salvation . but yet there may be many who are still to learn , that to swear upon a small occasion , tho' a man swears nothing but the truth , is of its self criminal ; and , as such , forbidden in the gospel . now such persons as these , being sensible how usual it is for men to do this , look no farther ; but follow on as they see others go before them ; nor feel any remorse of conscience for doing that , which they never understood had any great harm in it . . and that which may possibly have contributed to confirm them in this practice is ; that they see themselves call'd upon to swear , so very often , not only in their own private concerns , but even by publick authority . for since charity , as well as duty , obliges us to think that nothing is done by that but upon the most mature deliberation ; and we know how great a number of wise and good men must concur to the making of a law with us ; whose wisdom we cannot , and whose piety we ought not to doubt of : it is but reasonable to conclude , that they had certainly a due regard to the honour of god in all their constitutions ; and would never require us to swear on any occasion , in which they esteem'd it either unlawful , or unseemly for us to do it . . how far such reasoning as this may have disposed some unwary persons to swear more frequently , and upon lesser occasions than they ought to do , i cannot tell : but i think it may deserve to be consider'd , whether the multitude of cases wherein not our laws only , but those of all other countries , do oblige , or , at least , allow men to swear ; may not have somewhat contributed to that forwardness of doing it , which we see and complain of in them , upon other occasions : and have disposed them to be more ready , than they ought to be , to recur to an oath in such cases , wherein there is neither any command of man , nor any excuse before god , for their doing of it . . i shall offer but one account more of this unwarrantable readiness of men to swear ; and that is ( thly ) from the refusal which some , of late , have made of all swearing whatsoever : and in opposition to whose errour , some may possibly have been so unwary as to run into the contrary extreme ; and to have concluded , that so far is it from being unlawful to swear in any case , that , rather , there is none so small in which they may not freely do it . . it is the infirmity of many , of more warmth than judgment , that they are always in extremes : and think the only way to secure themselves from error , is to fly as far from it as they can . not considering that there may be as little reason in one extreme , as in another ; and that , according to the old remark , truth , as well as vertue , is seldom found in either . . thus some out of an over-eager opposition to popery , have cast off episcopacy ; and for fear of superstition , would have all decency thrown out of the church . and i verily believe we had not seen at this day so much profaneness and irreligion among us , had not the detestation of some mens hypocritical pretences to godliness , first prompted on others to fly out into a loosness of living , and from thence into a neglect of every thing that is sacred . and how far this vice of common-swearing may have gotten grounds by the same means , and have been improved too among the rest ; i shall leave it to those who have consider'd , from what time it has begun more especially to prevail among us , to determine . . such therefore may , i suppose , have been the causes of that readiness which we find in men to swear , even upon the most common , and unjustifiable occasions . but now , as for the other sin proposed , that of perjury ; i can scarcely tell to what cause to ascribe the little concern which many shew of falling into that ; because , indeed , i can scarcely tell what cause should be sufficient to harden their consciences against it . . that the frequency of swearing , and the little occasions on which men sometimes allow themselves in the practice of it , may have very much taken off from their reverence of an oath , i can easily believe ; and by that means have disposed them to swear more carelesly , and with lesser consideration than they ought to do . . that by their often and careless swearing , they may probably sometimes have incurr'd the guilt of perjury , unawares ; and by that means have been unhappily made acquainted with it ; i do not doubt . . but yet still , to swear falsly , where a man knows what he does ; and deliberately designs so to do ; this adds so much not only to common-swearing , but even to an vnwilling perjury also ; that a man ought to become a great proficient in wickedness , before he can bring his mind to it . . this therefore is a sin which i can ascribe to no other cause than that of a profane heart , and a hardned conscience . whether it be that a man falls into it through an absolute infidelity ; or that by a long , habitual continuance in sin , he is at last become deprived of god's grace , and is given up to be led captive by satan at his will. for otherwise , perjury is a crime of so detestable a nature , and which has so much of the falseness of the devil in it ; that were there but any spark of piety remaining in the soul , it were impossible a man should ever be perswaded to commit it : or having once committed it , should be able to endure his own torments ; much less should ever return to the commission of it again . . i shall therefore seek no farther for the cause of this sin ; but shall confidently conclude , that the habit of it can proceed from nothing less than an vtter dereliction of god , and an extinction of all sense of good and evil in the soul. . which being thus resolved ; let us now go on , ii dly , to consider , what directions may be offer'd for the correction of these great evils . . and , st : for what concerns the point of perjury ; as i have now shewn , that a man must be arrived to an extraordinary pitch of wickedness , before he can allow himself in the commission of it ; so i know no way there is to draw men off from that , but only to awaken their consciences , if it may be , to a serious consideration of their sins ; and by that means to bring them to a sincere conversion from them . . indeed could even charity its self warrant us to think , that it were possible for men to be so far deluded , as not to know false-swearing , i do not say to be a sin , but to be a most hainous and damnable offence ; such a sin for which god has no pity ; and it may almost be question'd whether he will afford men his grace for repentance of it ; there might then be also some hope , that by a better information of their judgments , as to this matter , they might perhaps be reclaimed from it . . but when such is the notoriousness of this crime , that 't is impossible any one should fall into it without knowing that he does at the same time defie god , and make a mock of damnation ; we must conclude that 't is in vain to hope by any particular applications to correct this evil : and that we must resolve either to reduce such a person to a general sense of piety and vertue ; or to leave him in the guilt of this , as well as under the power of his other sins . . and this , i say , as to what concerns the point of moral conviction and perswasion . for , otherwise , one method there is , and 't is the only one i can imagine , by which a stop may be put to the practice of this , without medling with a man 's other sins ; and that is , by a strict execution of humane justice upon him : and which out of charity to our neighbour's soul , as well as out of duty to god , and with regard to the publick welfare ; it is great pity but all magistrates should , with all possible vigour and severity , do . . how much the welfare of mankind is concern'd in the suppression of false-swearing , i need not say : and what provision our own * laws have made for the better effecting of it , cannot be unknown to those who are intrusted with the administration of them , and who are especially concern'd to take notice of it . let me only beg leave earnestly to recommend it to all such , so far to consider the great trust which is reposed in them ; and what an interest every honest member of the common-wealth has to demand their care in this , more than in any other sin committed to their censure ; as not to admit of any excuses , nor to shew any favour , to such malefactors : who if , by this means , they shall be brought to a true sense of their sin , and to repentance for it ; will then think themselves gainers by their prosecution : and if they shall not , i am sure cannot , by our laws , be too severely punish'd for it . . but , dly : as for the other sort of swearing forbidden by our saviour , yet too easily indulged by many christians : whether it be that of their common discourse , where there is no need at all of it ; or in the prosecution of their ordinary affairs , in which there is no sufficient occasion for it : many are the directions that may be offer'd for the prevention of such a practice , proportionable to the several principles upon which men may be prompted to allow themselves in the vse of it . . for ( st . ) should they chance to go on in such swearing , for want of being convinced of the danger and vnreasonableness of it ; the surest way , in this case , to draw them off from their practice of it , will be to shew them how expresly it has been forbidden by our saviour ? what an affront it puts upon the majesty of god ? and how indecent a thing it is , ( were there nothing else to be said against it ) to call the great lord of heaven and earth to witness , on such silly and trivial occasions , as such persons cannot but acknowledge , they very often do . . but ( dly . ) tho' possibly men may know , in the general , that thus to swear is not convenient ; yet still they may neglect to take all that care and pains with themselves , that is necessary for the intire avoiding of it , because they are not sufficiently perswaded , how great the sinfulness of it is . this is , i believe , the real case with very many : and if so , then 't is plain that here again the best way to draw them off from this evil custom , will be to convince them of the mighty danger and malignity of it . to shew them , that thus to swear , is not , as they may imagine , some light and ordinary offence ; nor will be pass'd over by god , as such . that to swear , is to appeal to god ▪ and if that be done without great care , and a suitable occasion for it , we shall put such an affront upon him , as we would be ashamed to put upon one of our fellow creatures , and would not endure that any should put upon our selves . . these and the like considerations , if plainly urged , and seriously laid to heart ; can hardly fail of convincing any rational person of the sinfulness of this practice . and having done that , they must , in the consequence of it , oblige him to correct it too ; if he be truly such an one as we now suppose him to be , viz. an honest and upright christian. . but ( dly . ) should not this be the case ; but the person who is engaged in this evil habit should be one who pursues this swearing not so much out of any particular ignorance of , or unconcernedness for , the sacredness of an oath ; as out of a general levity of mind and insensibility of his duty : then it will not be sufficient to argue with him , concerning the nature and importance of an oath , and with what care and circumspection we ought to approach to the taking of it : but we must proceed with such a one in a more general way ; and bring him to reverence an oath , by teaching him to be more considerate ; and to have a greater value for all the other acts of religion . . such a person as this , as he does not prophane god's name out of any particular dis-regard which he has for an oath , more than for any other thing of the like nature , so neither must he be brought off from the doing of it , by any particular considerations relating to the sacredness of an oath ; but must be perswaded , in the general , to become serious and devout ; to honour god , and to pay a due respect to every thing that relates to him : and this will compose his thoughts , and influence his affections in all the offices of religion ; and in this particular among the rest . . but now ( thly . ) and to go yet higher : what if the person who thus swears , should not only be more careless and inconsiderate , than he ought to be , in the business of religion ; but should , by principle , be become a despiser of it ? what if he be one who believes not in any god at all ; but laughs at all our talk either of a providence here , or of a judgment hereafter ? . tho' in this case , as in the foregoing , the best way to reclaim such a one's common swearing would be to convince him of his errors ; and , by so doing , to cut off the first cause of this irregularity : yet till that shall be done , somewhat , i think , may fairly be offer'd , upon his own principles , to restrain this vice , without medling with any of his others . . for , indeed , how foolish and ridiculous a thing must it be for such a one , ( if he be in good earnest , ) by swearing , to appeal to god , who professes to believe none ; or at least none that has any concern for , or knowledge of , what we do here below ? how absurd , for him to refer himself to the censure of a future judgment , who would be thought not to own any state at all after this in which we now live ; nor , by consequence , to revere any such final inquest . . or if in all this he only acts a part ; how base and dis-ingenuous must he then shew himself to be ; to offer an oath for the confirmation of what he promises or asserts ; who neither believes any obligation to be thereby laid upon him to deal ever the more sincerely for it ; nor can have any design in swearing , but only to impose upon the credulity , and to ridicule the religion of his neighbour ? . whether therefore men acknowledge the principles of religion or no , yet certainly common justice and honesty ; nay , or even honour its self , ( which with some men is of greater authority than both ; ) should make them ashamed to swear , in any matter , for the confirmation of the truth of what they speak : because they know , in their own hearts , that they do but impose thereby upon those with whom they deal by the shew of an obligation ; which , how great-soever it may be to others , yet to them is of no force ; nor lays any restraint at all upon them . and , as for their ordinary-conversation ; since to swear in that , is to prophane the name of a god , whom other men do believe in , tho' they themselves do not ; and which they cannot therefore but think must be very ungrateful and offensive to them : methinks even civility and good-manners should teach them to forbear such oaths , if not for the perpetual contradiction which they thereby run into , as to their own principles , yet at least for that affront which they know they put upon other mens . . these then are the ways by which men are to be drawn off from their customary and profane-swearing , upon the principles of reason and religion . there is yet ( thly . ) another method , which the care and piety of our laws has set before us , and which it is to be hoped shall now , at length , be made use of in order to this end ; and that is , by a strict exaction of that penalty , which they have order'd to be inflicted upon such offenders , for the restraining of their profaness : and which how small soever it may seem to be , and in truth is , in comparison of the sin of taking god's name in vain ; yet , being duly required , might go very far towards the prevention of it . . it is true there was somewhat of this kind * long before attempted ; and which one would have hoped should have kept this sin from becoming so common , or rather so vniversal , as it is , among us . but alas ! what can the best laws do , if they are never put in execution ? and how little that law has , of late years , been either publish'd , or executed , as it ought to have been ; is a reflection that may deserve the consideration of many among us . . in the mean time we all now know how that ancient , and almost antiquated law , is not only revived , but improved too , in order to this end : and such care taken , that if we would but heartily set our selves to it , i cannot but think we should soon put an end to a great part of that prophane swearing that has of late so scandalously prevailed among us . . and to engage us so to do , give me leave to say but this one thing ; that for any of us to neglect our duty in this particular ; is , in effect , to consent to every such act , as we refuse to bring to light . it is to abet the taking of god's name in vain : and then let us fear lest we share in the punishment , as we do partake in the guilt of it . . but ( thly . ) and to conclude these reflections : as it is certain that nothing has more contributed to the practice both of false-swearing , and of common-swearing , among us , than the want of that due reverence men ought to have of an oath ; so i know no way more likely to reclaim men from the practice of both , than to endeavour , as far as may be , to restore the use of an oath to its just veneration ; and to bring men , if it be possible , to a more sacred esteem of it . and in order thereunto , as it is certainly the duty of private persons , never to swear at all , but when some more than ordinary occasion shall require their doing of it ; so were it much to be wish'd , that the necessities of government would permit , that an oath should never be imposed upon , nor required of any , but upon some greater exigence ; to be sure , more seldom than now it is . and that when it is required , such care should be taken in administring of it , as to raise in mens minds a serious consideration of what they are about : at least that it should be so done , as not to prompt them to a dis-esteem of it ; through an over-hasty , and irreverent dispensing of this great obligation . . and thus have i shewn , by what means , if by any , not only perjury , but common and profane-swearing , may be most like to be corrected and suppress'd . and for engagements to move every one of us to use our best endeavour in the accomplishment of so good and profitable a design ; i shall only add thus much , to what i have already offer'd , in the prosecution of this subject ; that if we have any regard to god's honour ; if any concern for our own souls ; if any zeal for the publick good ; all these call upon us to do , what in us lies , to reform both our selves , and others , as to this matter . . that by common and customary , but especially by false-swearing ; god's majesty is abused , and his wrath and vengeance very eminently provoked ; the necessary relation which every oath has to him , sufficiently speaks . . that therefore by such practices , mens souls must be greatly endanger'd ; both the * denuntiations of god against such offenders , and the quality of the sins themselves , effectually assure us . but especially by the sin of perjury ; which , it may be , is of all others a sin the most hard to be forgiven , because it is the most hard for any one , according to the principles of christianity , sufficiently to repent of it . . indeed were a bare conversion towards god , enough to wash away the guilt of it ; a man might , by god's grace , be brought to such a deep sense of his sin , and to so hearty a contrition for it , as to deliver himself from the danger of it . but if by our perjury we should chance not only to have abused the majesty of god , but to have ruined our neighbour too : should we have robb'd him of his estate , his reputation , or even of his very life its self ; and in none of all which we can make him any tolerable compensation : how can we ever hope that god will be reconciled to us ; whilst we lie under such an utter incapacity of ever making an amends to our neighbour ? . and then , lastly ; for the interest which the publick has in the suppression of such swearing ; i have already shewn that truth and fidelity , are the great bases on which all society is founded ; and without which there could be no peace , no security , no right or property in the world. and therefore , whatsoever is in any wise apt to undermine these ; ( as perjury directly does , and as common-swearing naturally tends to do ; ) ought to be avoided , and discouraged by all who either love their own welfare , or have any regard to the publick good. i shall conclude this whole discourse with that exhortation of st. james , which i have so often referr'd to in it ; james , v. . above all things , my brethren , swear not : neither by heaven , neither by the earth ; neither by any other oath : but let your yea , be yea , and your nay , nay ; lest ye fall into condemnation . finis . notes, typically marginal, from the original text notes for div a -e * viz. in jac. i. * see e. ●iz . c. . * jac. . c. . and so in this last act of k. william to the same purpose . * in the theodosian code we find an ecclesiastical law of valentinian , directed to pope damasus , and read in the churches of rome , anno . god. th. lib. xvi . leg . . but sulpicius severus carries us yet higher ; and mentions the reading of the emperour's letter there , anno . and gothofred , in his comments upon that law , adds several other instances of the like nature . such were the law of theodosius the younger against nestorius ; and especially , the letter of constantine the great , in favour of athanasius ; which he order'd to be publish'd in the churches of alexandria . and that this custom held still on , the other instances of that learned man plainly shew . to which add the tome of union set forth by constantinus porphyrogenitus ; and publish'd every year in the churches , in the month of july : vid. matth. blastar , lit. t. cap. . and it appears from the novels , that the imperial laws were not only publish'd in the churches , but were laid up in their archives ; and fix'd upon tables in the porches and avenues of them ; and directed to the bishops for that end : novell . viii . c. . * mat. v. , &c. chap. i. chap. ii. * cicer. de offic. lib. iii. † vid. commentarium gothofredi , in lib. ii . cod. theodos. tit. ix . leg. . * vid. leg. citat . arcad. & honor. contra perjuros . tho' perjury in judiciary causes , was before punish'd with a civil penalty . vid. gothofred . ibid. ‖ diodor. sicul. lib. . pag. . * see h. . & . h. . . eliz. . ‖ see assize . ass. . ass. . ass. . glanvil , lib. ii . cap. . bracton , lib. iv . tract . . cap. . fortescue , cap. . and the summ of all is this ; that he who violated his oath in a judicial process , should lose the benefit of the law ; his wife and children should be turn'd out of doors ; his fields should be ploughed up ; his gardens and orchards be spoil'd ; his goods and chattels should be forfeited to the kings ; and himself be condemn'd to perpetual imprisonment . this was the law in the case of a petty jury , attained for a false verdict : see coke instit. lib. iii. cap. . §. . and it seems to have been taken from the laws of king alfred , upon the like occasion : vid. leg . alfred , §. . but for other perjury it has been question'd whether there was any provision made by the common law before the d of hen. vii . see dyer & eliz. fol. . b. and crook , p. , . tho' yet the mirrour seems to speak in general of perjury , and the punishment of it : ch. iv . §. . and the law of king alfred , before mentioned , extends even to promissory oaths . vid. l. c. cap. de jure-jurando . chap. iii. * vid. greg. presb. in vit. greg. naz. et greg. naz. carm . de vit. suâ . to. ii . p. . a. * basil , in psal. xiv· chrys. hom. xvii . in matth. theodoret , epit . div. decret . c. xvi . epiphan . haer. lix . athanas . serm. de passion . & crucef . dom ▪ tom. i. p. . * that this was the sense of greg. naz. ( one of the most eminent opposers of swearing in those days ) is evident from that excellent discourse of his , which still remains to us , against those who swear much . where first he advises , if it may be , as most safe , not to swear at all : but if that cannot be obtain'd ; then in the next place to swear only in such cases as deserve to be confirm'd by an oath ; as to free a man's self from danger ; to vindicate his reputation , and the like . see this subject at large pursued by him , to. ii . iambic : xx . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , p. . * vid. ciceron . orat. pro l. com. balb. init . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , says photius , nomoc. tit. ix . cap. . pag. . see also cod. theodos. lib. . tit. iii. const. . and the same is affirmed by matt. blastares ; viz. that the civil-laws themselves excused clergy-men from swearing . syntagm . alphab . lit. e. cap. . and theodorus balsamon is of the same opinion ; at least from the time that the basilicon was composed : in phot. nomocan , tit. ix . cap. . in the laws of lombardy , and in the capitularies of louis the emperour , the same exemption was continued . vid. not fabrotii ad balsam : collect. è lib. cod. tit. iii. c. . and even in our own country , the council of berghamstead , can. . confirm'd this to the bishops : and in the excerpta of egbert arch-bishop of york , not long after , we find the same priviledge extended to all priests : vid. in concil . spelmann . to. . * see an instance of this in constantine the great : cod. theodos . lib. ix . tit. . leg . . add. comment . gothofred . ib. p. . b. ‖ cod. l. ii . tit. . novell . viii . c. , . & ib. xlviii . c. . add. phot. nomocan . tit. xiii . c. . * apol. ad const. to. . p. . d. who yet elsewhere speaks as if all swearing were unlawful . loc. supr . citat . * de verb. apostol . serm. xxviii . cap. . * see balsam . comment . in can. xxix . s. basilii : nay he took those into orders who had rashly sworn not to accept of them ; ib. can. x. and continued others in their ministry , ib. et apud io. antioch . collect. can. tit. . ‖ see can. s. basil , ib. lxiv , lxxxii . — add. can. apost . , &c. * non jurare tantum temerè , sed adhuc etiam pejerare : de laps . p. . edit . oxon. * vid. euseb. hist. eccles. lib. vi . cap. . p. . d. dionysius , bishop of alexandria , at the same time , both allow'd of and practised swearing . ib. cap. . p. . c. and if we would go yet higher ; st. basil will furnish us with the example of st. clement , the companion of st. paul : lib. de sp. s. cap. . to say nothing of that representation which lucian makes of the common practice of the christians , as to this matter , in his philopat . pag. . * euseb. hist. eccl. lib. vi . cap. . pag. . b. ‖ vid. g●r . vossii hist. pelag. lib. v. p. . pag. . vid. grot. annot. in mat. v. . where there are several instances of each of these . * de bello judaico ▪ lib. ii . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ‖ ib. p. . edit . gl. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * chap. iii. sect. , &c. * homer . il. a. v. . conf. virg. aen. xii . v. . aristoph . neo. act. l. scen. . & scholiast . ib. virg. aen vi . v. , . aen. vii . . ammian . marcel . lib. xxiv . cap. . procop. de bell. persic . lib. l. c. . ‖ vid. suid. in socrat. p . servius in virg. aen. lib. ix . v. . * see below , chap. iii. §. . * see below , chap. iii. §. . ‡ that to swear after the manner of the gentiles is evil , cannot be doubted . hence it was that the ancient canons of the church expresly forbade it : see concil . trull . can . . conf. can. basil. . and the civil law made such oaths void . basil. lib. xxii . tit. . but the canon law is more general : and forbids swearing by any creature : . q. . cap. , , , . yet still they allow'd to swear otherwise than by god only . v. g. p●r salutem imp. basil. ib. by the eucharist . euseb. hist. eccl. l. vi . cap. . not to mention any more particulars . vid. august . serm de verb. apost . xxviii . greg. naz. carm. lamb . xx . tom. ii . pag. . chap. iv . chap. v. notes for div a -e [ ye have heard , that it hath been said by them of old times . ] † so the syriac version renders it , and st. chryst. heretofore understood it : hom. xvi . in mat. compare theophyl . on the place . and so indeed the opposition between this and the following verse , requires us to expound it : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ‖ so grotius in his annotations on this place ; and in his explication of the decalogue , command . d. * grot. ib. in mat. v. . † exod. xxii . . deutron . vi . . — x. . numb . v. , . * josh. ii . , , &c. — ix . , . sam. xx . . kings i. . ezra x. . ‖ nehem. v. , . — x. . † isai. xlv . . * psal. lxiii . . compare zeph. i. . jer. v. . * the words of the chaldee paraphrast both in exodus and deuteronomy are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the former of which , not only in the chaldee , but syriac and arabic , denotes what is to no purpose , for no gain , or advantage : the latter , sometimes in vain , but more properly falsly . nor can it be supposed , that the paraphrast design'd by his latter expression to explain his former ( for if so , what need had he to make use of it ? ) but being willing to reach the full meaning of the original , and knowing the hebrew word to be capable of both those senses , he thought good rather to mention both , than to prefer either . but others were not so cautious : the jerusalem targum , and that of jonathan , both render it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in vain : the lxx 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : aquila , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and the latin versions are unanimous in the same sense , and that no● only since st. hierom's time , but from the beginning ; as is plain from st. cyprian , testimon . lib. iii. num . ● . * this opinion was very ancient : theodoret mentions it , quaest. in exod. qu. . but opposes it , as not coming up sufficiently to the design of the command , and to the proper signification of the words of it . see grot. in loc. dr. hammond , pract. catech. sect. of swearing . mat. v. . [ thou shalt not forswear thy self ; but shalt perform unto the lord thine oaths . ] * apud ciceron . de offic. lib. iii. * so st. augustine expresly determins : serm. de verb. apost . . cap. . et ipse qui exigit jurationem , multum interest , si nescit illum falsum juraturum , an scit . si enim nescit , & ideò dicit , jura mihi ut fides ei fiat ; non audeo dicere non esse peccatum ; tamen humana tentatio est . si autem scit eum fecisse , novit fecisse , vidit fecisse , & cogit jurare , homicida est . ille enim suo perjurio se perimit : sed iste manum interficientis & expressit & pressit . [ but i say unto you , swear not at all , &c. ] * several passages to this purpose , we find in some of the fathers themselves : but the pelagians held it as their opinion : see hilar. epist. ad august . t. . ep. . pelag. epist. ad demetriad . apud hieron . t. . caelestius : apud eund . t. . de scientia div. leg. so did the waldenses after them : not to mention those fanaticks of our own times , who do likewise . * deutr. vi . . — x. . exod. xxiii . . josh. xxiii . , . † jer. v. . hos. iv . . amos viii . . zeph. i. . see above , chap. i. ‖ above instances of this may be taken out of the old testament . † exod. xxii . . numb . v. . . — xxx . — deut. xxix . . chron. vi . . — * august . de verb. apost . serm. . si peccatum esset juratio , nec in veteri lege diceretur , non perjurabis , reddes autem domino jus-jurandum tuum . non enim peccatum praeciperetur nobis . mat. v. . * it is true st. augustine tells us , that the pelagians deny'd these to be oaths : and held nothing to be swearing , unless it were put into that express form ; by god. but he tells us withal , that their only reason for denying this was to avoid the example of st. paul , and the force of our argument taken from it : and justly charges them thereupon with an utter ignorance of what it was to swear . see to. . epist. . ad hilar. and yet st. basil was once almost of the same mind : but it was the same reason that seems to have led him to it . see his exposit. in psal. xiv . * so st. august . l. de mendacio ad consentium , to. iv . juravit ipse apostolus in epistolis suis , & sic ostendit , quomodo accipiendum esset quod dictum est ; dico vobis , non jurate omnino . — and a little after : quia praecepti violati reum paulum , praesertim in epistolis conscriptis atque editis ad spiritualem vitam , salutemque populorum , nefa● est dicere ; intelligendum est illud quod positum est , omnino , ad hoc positum , ut quantum in te est non affectes , non ames , non quasi pro bono , cum aliqua delectatione , appetas jus-jurandum . — * vid. coelest . epist. de scienti● divinae legis : apud hieron . t. iv. p. . — † so origen in mat. tract . . p. . l. chrys. in heb. hom. . august . in jo. tract . hieron . in ezek. c.xvi . in vet. testamento dei juramentum est , vivo ego , dicit dominus : in novo autem , amen , amen , dico vobis . greg. nyssen . de scop. christian. to. iii. p. . * see dr. hammond , on mat. xxvi . lett. i. grot. in mat. xxvi . . — gen. ix . ▪ * vid. philon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : p. , . — see dr. lightfoot's exercit . on st. matth. in loc. p. , , fol. insomuch that aben ▪ ezra accounted this to have been one of those sins , for which god delay'd the coming of the messiah . vid. in decalog . † so st. august . de serm. dom. in mont . l. . c. . lightfoot , loc. cit . p. . and on mat. . . muscul in loc. voss. hist. pelag . p. . nay in the talmud its self , tit. shebuoth , there is this express assertion . qui jurat per coelum & terram , liber est ; sed qui jurat per dei nomina , tenetur . hornb . contr . jud. cap. de juram : — and indeed what strange ways they have at this very day of avoiding the obligation of an oath , is notorious : see to this purpose fagius on exod. xxiii . buxtorf , lex . rabb . in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : pug. fid . pag. . from their own authors . in short , it was upon both these accounts that martial fell so severely upon them in that epigram , l. ix . and which sufficiently shews , both how ready they were to swear , by those lesser forms here mention'd ; and how little they thought themselves obliged by them . * see mat. v. , . — xxiii . . &c. see the foregoing notes . * see heinsius : in loc. calvin . harm . evang. in loc. † i. e. voluntary oaths : for in all such as were imposed by authority , they were not permitted to swear otherwise than by the name of god. * so hierome , in loc. epiphan . haer. xix . thus speaks of this passage : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but above any , st. cyril admirably explains and confirms this , lib. vi . de ador. in sp. & ver. p. . and affirms it to have been a great part of our saviour's design in this very passage . for having shewn , that we should avoid all swearing , as much as may be ; he adds , that if we must needs swear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and then he goes on to shew how contrary to this the practice of the jews was ; and how our saviour labour'd to correct this error , p. ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and having farther shewn the grounds of this restraint , he thus concludes , p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . † see this argument managed by st athanasius , with great elegance , lib. de passion . cruce dom. to. i. p. . isocrat . ad demonicum . * see grot. in loc. & explic. decal . exod. xx . . * so our saviour determines it , mat. xxiii . , &c. * augustin , t. . epist. . ad hilar. illi ( sc. pelagiani ) quantum aliquos eorum audivi , quid sit juramentum prors●s ignorant . putant enim se non jurare quando in ore habent scit deus , &c. quia non dicitur per deum . et de verb. apost . serm. xxviii . cap. vi . to. x. * that this was properly an oath , st. augustine stifly contends , serm. de verb. apost . xxviii . c. . and refers to the propriety of the original greek for proof of it . but the syriac version is more express ; and puts in , by way of explication , the very word , i swear . and yet others doubt of it , and think it to have only the form of an oath , without being really so . see basil , in psal. xiv . to. i. p. . e. [ but let your communication be yea , yea ; nay , nay . ] grot. com. in loc. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . sermo vester . † so dr. hammond pract. catech . §. of swearing : and in his paraphrase on the place . * so nich. fuller , miscell . sacr. l. . c. . * and which tho' the learned n. fuller seems reasonably enough to deny to be a formal oath ; yet he plainly proves it to be a vehement asseveration : especially when doubled , as we often find it , in our saviour's discourses to have been . see his miscell . sacr. lib. i. cap . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and amen , are in scripture indifferently put for each other . so what in mat. xxiii . . is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : in luke xi . . is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in rev. xxii . . they are joyn'd together to the same purpose : and so they are again , cor. i. . and in the lxx . what the hebrew calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in truth , or verily , they render 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : insomuch that theophylact , on mat. v. . verily i say unto you , explains it by , yea : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and vatabl. here renders it , certè , certè . † see mat. xi . . luke xii . . rev. i. . xvi . . * a plain instance of which we have in kings x. . where when jehu ask'd jehonadab whether his heart were truly with him ; he answer'd , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is , and it is . and to this both the chaldee and syriac versions hold ; expressing the repetition ; tho' we , with the greek and latin , neglect it . and the design of this take from two persons , very well versed in those languages ; duplicatur est , says munster , ad majorem rei affirmationem . geminatione verbi vehementius affirmat , says vatablus ; q. d. proculdubio diligo te ex animo . * see clem. alex. strom. lib. vij . where shewing that his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or perfect christian , ought not to swear , he thus shews ( from the present text ) how he should behave himself : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pag. . b. * see saunders , de juram . oblig . prael . v. §. . * sam. i. . — xvii . . † vid. saunders : de jur. oblig . prael . v. §. . of which opinion also was st. basil , in psal. . ‖ see below . | vid. tertul. apolog . cap. . 't is true he there says expresly , juramus — per salutem ; but then he afterwards speaks more precisely ▪ pro magno juramento id habemus . and athanasius , mentioning the oath of syrianus to constantius the emperor , says not that he swore , but confirm'd his promise to the alexandrians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , apol. ad constant. to. l. p. . but st. basil is express to this purpose , in psal. xiv . to. i. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. p. . * so st. basil , loc . cit . who therefore excuses st. paul , as not contradicting our saviour christ. * plutarch , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vol. i. p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . [ for whatsoever is more than these cometh of evil . ] ‖ so castalio : episcopius , &c. jam. iii. . * see chap. ii. §. . add. isidor . pelusiot . epist . . lib. i. * see this consideration urged by phot. epist. i. p. . and st. basil thus uses the same argument : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in psal. xiv . to. i. p. . d. * see the stat. v. eliz . ch . . * see the stat. of jac. i. ch . . * mal. iii. . zech. v. , . a sermon preached before the university of oxford, december , concerning the obligation of oaths / by henry hellier. hellier, henry, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached before the university of oxford, december , concerning the obligation of oaths / by henry hellier. hellier, henry, ?- . p. for richard chiswel, oxford : . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -- o.t. -- psalms xv, -- sermons. oaths -- sermons. sermons, english -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached before the university of oxford december . concerning the obligation of oaths . by henry hellier , m. a. of c. c. c. oxford , at the theater for richard chiswel , london . m.dc.lxxxviii . psalm . . he that sweareth to his own hurt and changeth not . this psalm contains a dialogism ; or discourse of the royal prophet within himself where he first proposeth a question , and afterwards gives the answer . the question is in the first verse . lord , who shall abide in thy tabernacle ? who shall dwell in thy holy hill ? that is , who shall be accounted worthy to be a member of thy faithfull congregation here , and to be admitted into thy presence hereafter ? the answer contains first in general the whole duty of man , he that walketh uprightly and worketh righteousness , &c. afterwards divers duties in particular ; and among the rest , this of constancy and faithfulness in keeping those promises which we have confirmed by an oath . and because the greatest temptation to the breaking of oaths proceeds from feare of some temporal damage , or prospect of some worldly advantage ; therefore it is said , he that sweareth to his hurt and changeth not . we are also hereby to understand , that since the psalmist hath given us this for a distinguishing character of those persons who are to enter into the kingdom of heaven , it is implied that such as have not this qualification , shall not enter therein , and consequently he shall be excluded , who recedes from those oaths which he had once made , though the performance of them proves never so much to his disadvantage . but 't will be to little purpose to press and inculcate the necessity of performing any duty , unless in some measure we may be satisfied to what cases the duty doth extend : and this will be more especially needfull in discoursing on our present subject , which doth contain so great variety of doubts , occasioned by the particular circumstances of some , and by the wanton inventions of others , that one cannot easily comprehend them all , or place them in a right order , or reduce them to certain rules . nevertheless i shall endeavour to lay down such principles , as we ought for the most part , in the resolution of particular difficulties , to be directed by . and to that end i shall enquire . . i what cases an oath doth oblige , and whether it may be taken for a general rule , that he who hath sworn to his neighbour , must not change . . according to whose sense it doth oblige . for unless that be cleared , it will be sometimes difficult for a man to know himself , more difficult for any one else to know , whether he hath done according to his oath or no. ly . and lastly after having considered in what cases , and according to whose sense an oath is obligatory , it will be fit to shew , what it is to be so obliged , how great the obligation of an oath is , that we may both see with how much justice the keeping of oaths is required of all those who do expect gods favour , and may also be our selves induced to answer this part at least of the character of a righteous man. he that sweareth to his hurt , or , as some have it , he that sweareth to his neighbour and changeth not . . and first to understand when an oath doth oblige , we may observe , that all , or at least the principal cases are reducible to heads , forasmuch as they concern the matter of the oath it self , the person swearing , or the person to whom 't is sworn . . there are divers cases relating to the matter of the oath it self . it may be impossible , or unlawful , or an obstacle to a greater good , or purely indifferent , or a thing concerning which a man doth doubt whether it be lawful or no. . no oath can oblige to that which is impossible . and therefore if the matter were impossible at first , it was indeed a fault to sweare , but it can be no fault afterwards not to do that which cannot be done . if the matter at first were not , but now is become impossible by the swearers fraud or negligence , then it is to be look'd upon as omitted when 't was possible . but if it be so now by some unlikely and unforeseen accident ; as for instance ; if a man promise to another the use of his house which afterwards happens to be burnt down , no man will think the promiser at all blameable in such a case , although the promise were never so solemnly confirmed by an oath . . no oath can oblige to that which is unlawfull . and therefore if a man hath not sworn in justice , that is to say , if he hath sworn to any unjust or dishonest action , he is not obliged to perform according to what he hath sworn ; neither can he so perform it as to make it true . he is not obliged to perform according to what he hath sworn . because no man can by breaking one of the commandments , acquire to himself leave , much less an obligation to break any of the rest . the rules of morality are established by god for ever , and some of them so necessarily consequent upon his attributes , as not to be changed by himself ; much less can they be made of none effect by any contrary act of ours . besides , it were a contradiction for a man to be bound in duty to do contrary to his duty ; that the same thing should be commanded and prohibited by the laws of god at the same time ; that a man should be obliged under penalty of damnation to do that , which god under the same penalty hath already forbidden . if these things were reconcileable , it would be an easy matter for any man to reverse all the commandments , and oblige himself to live in a continual breach of them , seing he could by once swearing make himself to have what laws he pleased , or to have no laws at all , either about oaths or any other matter . therefore a man is not obliged to perform according to such an oath . neither can he so perform it as to make it true . for it is false as soon as it is taken . it is just as if he had sworn to that which is impossible . id quisque potest facere quod potest jure facere . that which a man cannot lawfully do , he cannot do . he can only add one sin to another , and increase his guilt by thus endeavoring to take it off . as did herod in beheading john the baptist . and from hence we may know how to make a right judgment of divers cases wherein particular virtues are concerned ; cases , wherein an oath would otherwise engage men to do acts contrary to piety , or justice , or charity , or humanity , or the like ; for example : piety requires us not only in general to keep the commandments of god , but more especially to observe and attend his immediate worship . no oath therefore can oblige a man not to worship god , or not to worship him in a due manner , or not to worship him at fit times , or to pay that worship or that honour to any other which is due only to him . justice requires that we do not invade the rights and privileges of other men . and therefore if a superior hath power of commanding our service in any matter , we may not without his consent engage our selves in another that is inconsistent ; or , if we do , 't is still to be understood with this proviso , as long as he gives us leave . the power of a king cannot be limited by any oath of his subject , or of a father by that of his child , or of a master by that of his servant . thus in the th . of numbers , the vow of a woman being in her fathers house in her youth , is of no effect if her father disallow her in the day that he heareth thereof ; and the vow of a wife is of no force , if her husband disallow her in the day that he heareth thereof ; because it were absurd to think that they by swearing or vowing could limit their superiors power , or give away that which was not at their own disposal . if therefore any superior by statute hath reserved to himself , or by his prerogative may claim , or time out of mind hath had , the disposal of any place or office by virtue of his own power ; then no inferiors oath can be of sufficient force and validity to prejudice that power . but if there never were any such power , or if that power were given away , or if that superior hath consented to statutes , and in them to oaths whereby men have sworn to certain things which are limitations of the said power ; then the matter of the oath being just , and charitable , and encouraged by a lawful authority , there being , beside the inferiors oath , the superiors own * act there is perhaps scarce any pretence upon which such an oath can be accounted invalid , or supposed to imply any father limitation . and as an inferior cannot limit his superiors power by swearing , so neither can a superior that of his inferior , nor any man the rights of any man , because it is still contrary to justice . for the same reason of justice no one can invalidate an oath by swearing qaite contrary to what he swore before , or to what he barely promised ; for a promise is a transferring of right from our selves to him who receives the promise ; we cannot therefore dispose otherwise of a thing that is so transferred , or load it with other conditions then at first were made ; for in so doing we endeavour to give away that which is none of our own . also oaths contrary to charity , or mercy , or humanity are void ; as if a man should swear not to give any thing to his children , not to alter his will , not to give alms to the poor , never to lend mony , never to become surety for any man ; and afterwards reasonable and pious motives to do such actions do offer themselves , it would be many times an uncharitable , an unmercifull , and inhumane practice to keep such kind of oaths . and thus are we to determine in other cases of the like nature ; taking it always for granted , that no oath can oblige any person to commit a sin , or privilege him from keeping the commandments of god : according to that old rule ; juramentum non potest esse vinculum iniquitatis . a d. case taken from the matter of the oath , is , when it hinders a greater good . and here we are first of all to presume , that a man was not by virtue of any precept obliged to that good , for then this would be the same case with that which went immediately before : and in the next place we may affirm , that a man ought not to recede from his oath for the sake of doing a greater good ; for example ; if any swear to another that he will give him freely a summ of mony , he must not afterwards bestow that on the poor , upon pretence of doing a greater good : because , ●asw as said before , a promise is a transferring of right ; and though to give alms be a virtuous action , yet we are not allowed to take them out of other mens goods . but what if in the th place the matter be purely indifferent ? there can be here no occasion of difficulty , except the matter be also of no moment . and he is undoubtedly guilty of great irreverence towards god , that will cite his name to a trifle . but yet if any man be in such unhappy circumstances , if he hath taken an unlawful oath , to do an indifferent , but not an unlawful thing , he is obliged to perform according to what he hath sworn ; & though the schoolemen think not , because the matter it self is but small ; yet when a man hath bound himself by an oath , it becomes a great mattet ; and so much the greater crime it is to do contrary to such an oath , by how much the easier it was to have made it good . . if the matter of the oath be such , as causeth a man to doubt whether it be lawful or no , in that case , say some , juramentum valeat quantum valere potest : for the reverence due to an oath , he ought , if he cannot be otherwise well convinced , rather to perform ; according to that maxime , in dubiis pars tutior . as if , first to swear to , and afterwards to do an unlawful thing , were not as great a crime , as simply to break an oath . a doubtful conscience is unfit for action ; and the best advice at such a time is , that a man should use due diligence to informe and satisfy himself , seeing god doth not require a duty of any man , which he hath not provided methods for him to understand . and so much for the cases which concern the matter of the oath . . there are others relating to the person that swears . and here whensoever we shall determine that an oath doth not bind , 't will be for want of the persons rightly understanding that he made one . if any one therefore swears , that knows not what an oath is , or is not doli capax , either by reason of his years , or because he is a natural fool , or mad-man , we cannot then suppose that he is obliged to rules . if a man be disturbed with anger , or overtaken with drink , we are then to consider , whether it were in so high a degree , as to take away the use of his reason ; which if it plainly appear , either from the temper of the man , or from the gross absurdity of the matter , then he is not bound ; but otherwise , namely , if the person understood what he was about , and the matter be tolerably just and equall , it is hard to allow his case to have been so bad , as that he shall not be afterwards obliged to perform . and much after this way should we answer in the case of fear , or any other passion . for it is a principle of very ill consequence to hold , that oaths and promises are of no force which are extorted by fear , though it be limited , as civilianus will have it , to fear that may fall in constantem virum . for , suppose a man justly condemned to dye , should offer money to save his life , and swear to the payment of it ; shall not he be afterwards obliged , because of his fear ? what would become of the oath of allegiance and some tests , if all men might be excused from keeping them , who were induced to take them for fear of loosing offices and places of trust , money , or credit , or in some places life it self ? perhaps it will be said , that this ought to be understood of a fear unjustly caused . but who sball be judge ef that ? besides , injustice in the imposer will not excuse perfidiousness in the taker . the passion is neither greater nor less for being unjustly caused . and no man of a constant mind , will suffer any force , whether just or unjust , to prevail so far upon him , as to induce him to swear to that , which he either cannot or will not perform . and therefore if a man , to save his life , swears , even to theeves and robbers , to do any thing that is not otherwise unlawful , his fear is no sufficient plea to recede from such an oath , because it was not so great , as to deprive him of the use of his reason , or to hinder him from making a prudent choice . and for the same reasons it is not lawfull , because an oath is unjustly imposed , to use equivocations or mental reservations , which are as bad as downright falsehoods , as will appear anon . i shall say no mor at present , of any other cases relating to the person that swears , because the doubts which may arise from his erring about the substance , or the causes , or the consequences of his promissory oath , are more sit to be placed under the d. general head of this discourse , when we come to shew in what sense an oath ought to be taken . . a third sort of cases are taken from the person to whom the oath is made . perhaps he is an idolater , an heretick , a rebel , a professed enemy , a perjured person , or such like . and these circumstances we need not consider apart , but may give a general rule , once for all , that none of them can be a sufficient excuse for any man to break his oath . because by the law of nations , oaths ought to be inviolable ; and therefore every one , how false soever he is , or may have been himself , yet so long as he is partaker of human nature , retains a right to be faithfully dealt withall by other men . otherwise , indeed , there could be no such thing as a law of nations ; there could not be any secure dealing , either in time of war or peace , between so many nations and people of different inclinations and religions . and if it should once happen , that their quarrels break out into war , it would be impossible ever to make articles of agreement . it is not therefore enough for us to say , that a perfidious person deserves no better usage then himself will afford to others ; unless we can also shew , that we have a right to inflict such a punishment upon him . and such right we can never obtain , by reason of his breaking his faith with others , with our selves , or with god. not because he hath broken his faith with others , unless it will follow also , that we may rob or steal from , or commit any other trespass upon any man that hath ever done the like to others . nor because he hath broken his faith wiht us . 't is true indeed , that if the promise be made to him under a condition , and that condition be not performed , the promissory oath can no longer oblige , because no oath obligeth to more then it implies . other his perfidiousness cannot afford us any such privilege ; both , because it is not lawfull to punish one sin by the commission of another , and also , because we have renounced all exceptions taken from his former faults , by swearing to him , and making a contract with him . and , if it be sufficient to allege , that he hath broken his faith with god , we may by the same reason , pretend to a liberty of breaking our faith with any man , that hath ever broken his baptismal vow . concerning the oath of josua and the princes of israel to the gibeonites , it is very well known , that they held themselves with the greatest exactness bound to keep it , though it was obtained from them by fraud ; that god himself shewed he approved the keeping of it in josua , by an eminent victory , and revenged the breaking of it upon saul by years famine , and the death of seven of his sons . and yet these gibeonites were heathens , idolaters , worshippers of devils , persons , whom god had given the israelites leave utterly to destroy . for i call that leave , and not a command of god to destroy the seven nationr . deut. . . and m r. selden in his book de jure naturali & gentium juxta doctrinam hebraeorum , says , the antient rabbins did so expound it . or , if a command , it was not absolute , but conditional . which seems to be intimated in jos . . . and . where it is said ; there was not a city that made peace with the children of israel , save the hivites the inhabitants of gibeon ; all other they took in battle . for it was of the lord to harden their hearts , that they should come against israel in battle , that he might destroy them utterly , and that they might have no favour , but that he might destroy them , as the lord commanded moses . by which it seems , that there had been no necessity of destroying the rest of those nations , had they offered themselves voluntarily to become tributaries and servants , and had not their hearts been hardened to come against israel in battle . moreover , if gods command had been absolute , we must either suppose some private revelation to recall it , which is unlikely , seeing it is not that , but the oath that is in express terms insisted upon ; or else the oath of josua and the princes of the congregation had been unlawfull as to the matter of it , because contrary to the express precept of god , and therefore ought not to have been kept , by whatsoever means they had been induced to take it . whence it would follow , that josua in sparing them had been guilty of a greivous crime ; and that the destruction of the gibeonites by saul had been a commendable action , which yet god almighty was so displeased with , as to punish it after the manner already spoken ; and that we may be assured it was for that , and no other cause , he saith expressly , . sam. . . it is for saul and for his bloudy house , because he slew the gibeonites . now the gibeonites ( as if follows , in the next verse ) were not of the children of israel , but of the remnant of the amorites , and the children of israel had sworn unto them . it is not any conversion of the gibeonites to the jewish religion , or any revocation of gods command , if such there were , but the oath only , that is here , and in other places mentioned , as the ground of the obligation which the children of israel lay under to spare them . whereby the scripture sheweth us , that oaths and promises , to what people or nation soever they be made , ought inviolably to be kept . and so much may suffice for cases of the third kind , which are taken from the person to whom the oath is made . hitherto nothing seems to hinder , but that we may take it for a general rule , that he who hath sworn to his neighbour must not change ; for in the first rank of cases , where the matter was unlawfull or impossible , the oath was irrecoverably false ; and in the second rank , where the person was not in a condirion to understand what he was about , no oath can properly be said to have been taken at all . in all other cases an oath doth oblige ; it obligeth ( i say ) to as much as it implies ; but that we may know , how much that is , let us consider in the d. place . . in what sense an oath ought to be taken . in order whereunto we cannot use a better rule , then the antient civilians give us for the interpretation of every doubtful speech . quoties idem sermo duas sententias exprimit , ea potissimum excipiatur , quoe rei gerendoe aptior est . that sense is to be taken which is most suitable to the business men are about . and this rule , as in all other dealings and contracts , so especially where there is the intervention of an oath , we ought religiously to observe ; that neither our neighbours may be imposed upon , nor the holy name of god abused , to malitious and deceitful , or to vain and insignificant purposes . and since an oath was designed , as we find it heb. . , to end controversies , and to make men confide in one another , it ought to be interpreted in such a sense as is most likely to answer that end . for which reason we may not precisely , without limitation , accept the sense of the swearer , or of the imposer , or that which the words of the oath will bear . . not of the swearer ; because he may equivocate , or use mental reserves ; he may ( as the jesuites commonly allow ) say the words of the oath , and not intend to swear , or intend to swear , and not intend to be obliged ; which kind of excuses , seeing they quite pervert the end of any oath , are never to be permitted . but let us speak something of them severally . . no man can save himself harmless by equivocation ; that is to say , by swearing to what he knows to be false , in the sense of him to whom he sweareth , but true in a private concealed sense of his own , for , as in the case of lying , it is not misconceiving the matter our selves , but speaking contrary to our knowledge in order to deceive others that makes the fault ; so it is in the case of perjury . we speak not to our selves when we swear , but to others , for the satisfaction of whom the oath is made . and therefore if there be any such thing as perjury , that man is guilty of it , who swears to that , which he knows or thinks to be false , in the sense wherein he would have the imposer to understand him . . and the same reason will condemn mental reservations , when a man keeps something in his mind , which added to a saying , otherwise false , and considered together with it makes a true speech ; only we may add , that this kind of practise , if we may be allowed to make a difference , seems more destructive of society , and more opposite to the end of an oath , then equivocation ; because equivocation may be hindred , where due care and diligence is used that there be no ambiguity of words ; but mental reservations can never be prevented . for example ; a man swears he useth no equivocation , or mental reservation , or secret evasion , meaning , he useth none that he is willing to make known . these things , if they would serve to excuse a man , were enough to banish all oaths and promises from humane society , and to bring it to that pass , that no man should be trusted ever the more because of them . there are some who can be contended to admitt of swearing to statutes with such reserves as these ; so far as they are agreeable to the laws of god and of the land , saving all oaths by me formerly taken , and such like . but if this be understood of secret reservations , it will give way to all manner of fraud . what oath can then be too hard for men of this persuasion to swallow ? a man may swear to the alcoran , so far as it is agreeable to the word of god , and the laws of the land ; or take a quite contrary oath to morrow to what he hath sworn to day . and although it be true , that no oath can bind us any farther , then the rules of justice and honesty will allow us to go ; yet it will not follow from hence , that a man may swear to what he thinks unjust , using for a private salvo , so far as it is agreeable to the rules of justice . for he that takes an oath , doth thereby own the performance of it , so far as he knows , to be lawfull , and agreeable to those rules , which he is otherwise bound to observe and keep . nevertheless , where some particular reservations are publickly known and granted , by them that do require , as well as by them that do take the oath , it is as lawfull to use them , as if they were expressly set down in the words of the oath it self . . what if a man swears , and doth not intend to swear ? we must acknowledge , that there is something of intention always required to an oath . wherefore he cannot be said to have sworn , who only reads over the words of an oath to acquaint himself or another person with it , or he that in swearing personates another man , or he that knoweth not what an oath means , or he that hath brought himself to such an ill habit of swearing , that he cannot tell whether he swears or no. but when a man speaks the words of an oath , to the intent that he may be thought to swear , by the person to whom the oath was to be directed , whatever else his intentions were , he hath undoubtedly sworn ; because he hath invoked the holy name of god , to procure himself to be believed . . it would be likewise a frivolous excuse , for any one to say , he intended to sweare , but did not intend to be obliged . such a pretence is grounded on this argument ; that no oath can oblige beyond the intention of him that swears , and by consequence , he that swears having no intention to be obliged , cannot be bound to any thing at all . but in answer to this , i shall shew hereafter , how far , in the interpretation of an oath , we are to regard the intention of him that swears : for the present it may suffice to say , that if a man intends to swear , the oath in its own nature includes an obligation , whether he intends to be obliged or no. and such as this , or else the very same with it , is their opinion who will have a man to be free from the obligation of his oath , if at the time of taking it he did not intend to keep it . which is in plain terms as much as to say , that a man is not perjured , or is not unfaithfull , because he is : for what is perjury , or what is unfaithfulness , if that be not , for a man to swear to do a thing , and at the same time intend to do quite contrary ? what can be more absurd then to , suppose that both these sins may be taken off , by adding a third sin of hypocrisy ? but as we may not , without limitation , accept the sense of the swearer , so neither . are we always to interprete an oath according to the sense of the imposer . it being unreasonable to give him so great a power over another mans conscience , as to oblige him , especially when the oath is deceitfully worded , to a sense very different from , if not directly opposite to , what he promised before god to do , and apprehended to be the imposers meaning ; an eminent instance whereof there was , in the solemn league and covenant . if therefore , bona fide , he that takes the oath , thinks it means one thing , and he that requires it , means another ; the swearer is not obliged to go beyond his own meaning ; because no act can bind a man that is not voluntary , and a mans will cannot reach to an unknown object . but the case is otherwise , when the error is extrinsecal to the substance of the oath ; yea , though it give cause to the oath it self , which , unless that error had intervened , would never have been made . nor will it suffice for a man to say , if he had known this or that he would not have sworn : for he should have considered that before , and expressed it as a condition ; which if he neglect to do , he is bound to as much as his oath contains : thus the oath of josua held good , though the error , that the gibeonites came from a far country , gave cause to that oath , which ratified a league , that would hardly else have been granted to a people which was so numerous , and possessed so considerable a part of country . if a man erreth about the consequences of his promissory oathe , such as we have not already taken notice of , are twofold , either hurtfull to himself , or to the person to whom he hath sworn . the hurt of the swearer is not sufficient to deprive another man of that right , which the promissory oath hath conferred upon him ; and though the damage may possibly be so great , that the other ought in equity to release him , ( too rigorous exacting of justice , being sometimes no better then an injury ) yet it is not sit that he who is a debter to another man , should , upon pretence of some private inconveniences , have power to release himself . but if the act be manifestly hurtfull to the person for whose sake the oath was taken , ( manifestly , i say , to exclude certain possible or probable harms , such as temptations to sin , which every thing in the world may at sometimes afford ) then an oath is invalid ; not because of the swearers error , but by reason of the other mans power of relingquishing or commuting that which is his own , which if he either wanted opportunity , or were not otherwise in a condition expressly to do , it is to be presumed that the oath did at first imply an exception to all such accidents ; it being contrary to all equity , that a man who owes another a good turn , under pretence of exactness in keeping his promise , should have liberty to do him harm ; which would be in truth a kind of perfidiousness , however it might seem to be a performance of that which was promised . but here perhaps it will be asked , seeing it is acknowledged , that if a man doth not rightly understand the imposers meaning , as to the contents of the oath , he is not bound ; what if a man who is made a member of a certain society or corporation , swears duly to observe all the laws and customs thereof , or uprightly to discharge some particular office therein , when perhaps he doth not know all the statutes belonging to such a corporation , or all the duties incumbent upon such an office ? i say , upon this occasion two questions may be asked . . whether every one that hath thus sworn is guilty of a rash oath , as having sworn to more then he knows ? . whether an oath taken in words so comprehensive , doth oblige to the performance of every statute ? to resolve which questions we are to consider , what is either already expressly declared to be , or may otherwise justly be presumed to be the intention of the legislator , and apply that to both of them . as to the first of these ; doubtless the intention of the legislator was not , that every one should know , what those statutes were before-hand , it being neither likely that they should be known , nor yet expedient that they should be communicated to every person ; therefore the obligation was never intended , to lye upon any man farther , then those laws and customs with common diligence should come to his knowledge . it is farther observable , that he who finds any of them afterwards greivous to be born , may be relinquishing his privilege become free from his obligation . so that here is no snare laid for any mans conscience ; 't is in every mans power to save himself from the guilt of perjury if he will ; consequently this cannot upon the account of a man 's not knowing statutes before hand , be reputed a rash oath . again though it be said , that a mans will cannot reach to an unknown object , yet it sometimes is sufficient if it be known in generall , though his understanding doth not reach to all the several parts of it . thus when a man swears to obey another inlicitis & honestis , it is not requisite , that he should know particularly every thing that will be commanded ; so long as his oath contains a limitation , whereby he is secure from doing that which is unseemly or unlawfull . in order to give answer to the d. query , how far such an oath doth extend ? we may be assured that the principal intention of every legislator is , to preserve his corporation that he makes laws for . those statutes therefore , of which we are in our consciences persuaded , that they are of so great moment , as that the constitution , peace , wellfare , honour and security of the society to which we have sworn , do depend upon them ; we are certainly obliged unto by virtue of our oath ; as also to those particular laws to which we have sworn by name , and which we are said in express terms by virtue of our oath to be bound to observe . but as for other ordinances which are of smaller concern , it is sufficient , where we keeep not them , if we be content , without opposing of authority , to undergoe the penalty annexed ; which is sometimes full as beneficial to the society , as a punctual observance of statutes ; which is the declared sense of divers legislators , particularly of ours of this place ; and which is among most persons very well known . again whereas 't is possible , that among a great number of statutes one may be found to contradict another , every one that hath sworn to observe the said statutes , cannot for that reason be said to be guilty of perjury , as having sworn to both parts of a contradiction ; because the latter statute , if made by equal authority , doth invalidate the former , so that no man is any longer obliged to observe the former statute , or any other that is , either expressly , or by consequence , either by writing , or by a long prevailing custome made null . and this explication will appear to be more reasonable , if we consider ly , that we are not always to follow that sense which the words of the oath will bear . and this is easily deducible from what hath been already spoken ; namely , that the end of an oath ought cheifly to be considered in its interpretation ; so that the words are no otherwise to be observed , then as they are subservient to the principal designe , according to which a man is obliged to perform , although the words , according to grammatical construction , doe not imply so much as was intended , or although they may be taken in different senses . in vain therefore did those men think to avoid breach of faith , who having made a truce for several days , fell upon their enemies quarters after sun set , pretending that the nights were not included ; and the roman legate , who having promised antiochus half the ships divided every ship in half , and so made them all useless for a sea fight ; and the council of constance , that burnt huss after promise of safe conduct , unless they have a better excuse , then we read of in molanus , namely , that it was promised he should come safe thither , but not that he should go safe home again . to conclude then what hath been said upon the second general head . so far as the swearer apprehends the meaning of him that imposeth , or of him that requireth the oath and supplies the place of the imposer , or of him for whose sake the oath is made , ( for the case is alike in all ) an oath binds . so that partly the sense of the swearer may be said to be followed in as much as 't is required , that he should rightly understand the matter ; partly that of the imposer , in as much as it is not any construction must serve , that the swearer can put upon it , but that which he was in his conscience perswaded to be agreeable to the imposers meaning ; but not at all the signification of the words , unless it be as they do effectually explain the intention of the one to the other . by what hath been said , we may be directed in the resolution of such difficulties as ordinarily do occur upon this subject , without being inquisitive after evry little nicety , without medling with every shift or evasion that hath been invented by some men , who seeme to have made it their business to entangle their duty , and render it unintelligible . and we find prov. . . that it is a snare to a man to devour that which is holy , and after vows to make enquiry : to bring upon himself those facred and venerable obligations , and afterwards , instead of performing according to them , to seek ways how dispensed with , or how to come off . after vows to make enquiry solomon seems to account it a fault , after a man hath taken an oath or vowed a vow , so much as to enquire whether he ought to keep it or no. for though it sufficiently appears from what hath been already spoken , that in some circumstances a man may have a very just cause , to consult and to advise both with himself and others , about the performance of his oath ; yet over much forwardness in that kind , doth generally betoken too great an inclination to cavill at , to retract , and go off from what one hath done . when a man is in good earnest resolved to be honest , it is possible indeed that he may , but he seldom doth need much enquiry to find the way . fidelity is very plain and easy , and the knowledge of it sufficiently planted in every mans nature . a faithfull man hath a sure and straight path to walk in , needs not turn to the right hand , or to the left , it is not his business to do , and undoe , to say and unsay , to equivocate , and to failsify ; he is not forced , as solomon calleth it , to pervert his ways , to turn and wind himself every way for fear of being discovered . he doth hardly stand in need of any thing else in this matter , that hath an honest mind and a good conscience to direct him . and therefore i shall insist no longer upon cases , but proceed to shew in the d. and last place how great the obligation of an oath is . an oath is a solemn invocation of god to witness what we say , by his favour and mercy to us , if it be true , or by his vengeance upon us , if it be false . so that every one who makes not good what he hath sworn , doth denounce a curse against himself , either in general , or in some particular concern . for the curse is not always general , but may be limited . for example ; when men swear by creatures , as was the custome among the antients , to swear by those especially that were most near and dear to them ) then they desire of god , according as they speak true or false , a signal favour or an exemplary punishment in those creatures . but even this swearing is by dod ; it is he that is called upon , as a faithfull witness of , and a just judge between truth and falshehood , a defender and maintainer of the one , an avenger and punisher of the other . whence that is abundantly verified which our saviour saith mat. . and . whoso shall swear by the temple , sweareth by it , and by him that dwelleth therein ; and he that shall swear by heaven , sweareth by the throne of god , and by him that sitteth thereon . for in such oaths a man desireth of god , as a punishment if he sweareth falsely , that god will not hear him in his temple , or that he will not hereafter bring him to , or in the mean time send down blessings upon him from heaven . and from that clause of ours , so help me god and by the contents of this book , we may see what great care we ought to take , to perform according to what we have sworn , because otherwise we renounce that upon which alone we can depend for salvation , we shut our selves out from that common interest which god almighty doth allow us in his mercy and favour , of which the gospel is the sole conveyance . again , whereas an oath duly and considerately taken , implies a pious acknowledgement of gods cheif attributes and prerogatives , his omnipresence , omniscience , omnipotence , justice and veracity ; and confequently is a part of religious worship , and as such enjoyned by god deut. . . thou shalt fear the lord thy god , and serve him , and shalt swear by his name ; the not performing according thereunto , argues a disowning the forementioned attributes , and is the greatest profanation of gods worship . it is an high advantage and privilege which god vouchsafeth to us , in that he gives us leave upon urgent and weighty causes to make use of his glorious name , as a feal to confirme the truth of what we assert . if therefore we take it up to avouch a falsehood , we are exceedingly ungratefull , we falsify that seal , we profane that dreadfull name , we apply that which is most sacred to the worst of uses . if we hope after so great a crime to escape unpunished , we do in effect ascribe that to god which is the character of the devil , that he is the patron and encourager of lyes ; whereby we make our selves , as the scholemen rightly observe , guilty of a worse fault then theirs was who crucified our saviour . bonds and imprisonment , and death it self are all to be preferred before sin ; they have often been inflicted upon good men ; they have not seldom been made choice of by them to avoid sin ; he therefore that endeavours to bring god to share with him in his sin , puts him to a greater shame , offers a more hainous aftront and indignity to christ , then if he spit in his face , or put him to any bodily pain . this sin contains something in it peculiar which makes repentance more difficult to be practised , pardon more hardly to be obtained , then in most others . for with that face can a man invoke that mercy which he hath expressly renounced ? how just is it , that he who hath thus disclaimed gods favour , should be forsaken when he stands most in need of it ? that he who hath thus abused the holy name of god , should not be heard when calleth upon that name ? although it be otherwise , as solomon telleth us , a strong tower , the righteous runneth unto it , and is safe . for these and the like causes , an oath hath generally been looked upon as a sufficient assurance and confirmation of the truth of any matter ; and men have sometimes been tried by their own oaths , whether they have been guilty of capital crimes or no : as if it were beleived , that he who had committed the most hainous offenses otherwise , would yet hardly venture upon that , though it were to save his life ; could not possibly incurr it , without rising to an higher pitch of wickedness then he was at before . i shall not at large describe all the several inferior sins which are included in the breach of a promissory oath ; but shall only in breif take notice , that if truth requires us to be sincere in our promises , and afterwards carefull to perform that which we have promised ; if a faileur in either of these parts be blameable , because it is a falsehood , because it is contrary to the ends of speech , because it is a deceiving of our neighbour and a breach of trust , because it is an infringement of justice to resume that right which we had before transferred , because it is a violation of friendship , and an absolute contradiction to that golden rule , of doing to others as we would they should do to us , ( every man being apt to complain that he is hardly dealt withall , whensoever any by such artifices hath circumvented him ; ) and lastly , if faith , that is , fidelity in our pacts and promises be , as our saviour tells us mat. . . one of the most weighty matters of the divine law ; what then will our condition be , when to all these obligations , we have added the highest that can be laid upon us , so that by breaking them we not only deserve , but in express terms invoke the vengeance of god , we do as it were engage god in honour , to vindicate his name and his attributes from the abuses and contempts that we have put upon them . he that thus seriously considers what an oath is , cannot surely beleive that any man is above the obligation of it . so that that is an unsufferable maxime said to be used in the court of rome ; non esse regum aut magistratuum , sedmercatorum stare juramentis . it is not a thing confined , either to one sort of men , or to mankind only , but reacheth even to the angels , as we find in the holy scripture ; yea ( with reverence be it spoken ) god himself is bound by his promise ; and if to any promise of his , an oath be superadded , ( which in him is an appeal to some one of his attributes , but implies no execration ) the apostle tells us they are two immutable things . and as no man can be too great for such an obligation himself : so neither can any man dispense with it in others . no more than he can-with any other part of the morall law : and therefore we may justly condemn a corrupt custom used in some countries , of superiors dispensing with their subjects oaths . which if ever it can be done , must be in case of some right by such oaths either given to them , or unjustly taken from them or others . and these cannot properly be called dispensations ; at least not such as do denote any peculiar power in them ; for if any thing by such oaths is given to them , who doubts but that they may recede from their own right , which any man else hath liberty to do ? and such oaths as would take any thing unjustly from them or any others , would be void without a dispensation . neither yet can it be denied , but that in other cases , so often as they are doubtfull , men would do well to betake themselves to their own clergy , or else to doctors of the law for advice and direction . but to suppose such persons able to dispense with perjury , or to make void an oath , otherwise valid , in which their own right was not concerned ; is to give them leave to dispense with and dispose of other mens rights and to make void the laws of god , as in other respects , so particularly about that sacred bond , which no cause ( saving such limitations as we have already taken notice of ) can justify the violation of . though there have been some ( who are so well known that i need not name them ) that have held it lawfull for the sake of religion to break an oath ; that is to say , to uphold religion by taking away the main support , and by hindring the whole benefit of it ; to dishonour god , to rob him of his attributes , to profane his holy name , to break his commandments , to renounce salvation ; and all this for the sake of religion . but whatever others may say in some circumstances is lawfull to be done for their religion , i hope none of us do suppose such a practice allowable for the sake of our own ; which is in a very bad case , if that be the best expedient we can find to support it . we must not do evill , and if not any , then certainly not so great an evill , that good may come . god stands not in need of our good , much less of our evil actions . truth , as it doth not need , so neither will it admit the assistance of falshood to keep it up . if it did , it would acquire only a reproach and disesteem to it self : for men do disparage any cause which by such methods they endeavour to mantain . and 't is utterly impossible that ever the true religion should allow of such practises as overturn the foundations of all religion . wherefore we are all of us obliged for the honour of our god , and of our religion , for our own sake , and for the hope that we have of everlasting salvation , and for the hope that we have of everlasting salvation , when we have taken an oath to bind our souls with a bond , not to break our word , but to do according to all that proceedeth out of our mouth ; when we have vowed a vow unto the lord not to neglect to pay it ; for the lord our god will surely require it of us . finis . notes, typically marginal, from the original text notes for div a -e v. . jer. . . * but if her husband altogether hold his peace at her , from day to day ; them he establishethall her vows , or all her bonds which are upon her ; he confirmeththem , because he held his peace at her , in the day that he heard them . numb . . . lib. . cap. . l. . ff . de regulis juris . vide explicationem juramenti post statuta universit . oxon. molanus de fide haereticis servanda lib. , cap. : prov. . . prov. . dan. . . rev. : . heb. . . rom. . numb . . . deut. . . the lavvfvlnes and vnlavvfvlnes of an oath or covenant set downe in short propositions agreeable to the law of god and man and may serve to rectifie the conscience of any reasonable man : very fitting for every man to take into serious consideration in these undutifull times : whether he hath sworne or not sworne to any late or new oath or covenant made by any subordinate authority whatsoever. certain irrefragable propositions worthy of serious consideration. hall, joseph, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or :e , no ) the lavvfvlnes and vnlavvfvlnes of an oath or covenant set downe in short propositions agreeable to the law of god and man and may serve to rectifie the conscience of any reasonable man : very fitting for every man to take into serious consideration in these undutifull times : whether he hath sworne or not sworne to any late or new oath or covenant made by any subordinate authority whatsoever. certain irrefragable propositions worthy of serious consideration. hall, joseph, - . [ ], p. by leonard lichfield, printed at oxford : . epistle dedicatory signed jos: exon. attributed to joseph hall. cf. blc. originally published in with title: certaine catholicke propositions. this ed. is a reissue, with new t.p., of the sheets of the ed., which has title: certaine irrefragable propositions ... reproduction of original in thomason collection, british library. eng oaths -- england. a r (wing h ). civilwar no the lavvfulnes and vnlavvfulnes of an oath or covenant set downe in short propositions agreeable to the law of god and man, and may serve to hall, joseph a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lavvfvlnes and vnlavvfvlnes of an oath or covenant set downe in short propositions agreeable to the law of god and man , and may serve to rectifie the conscience of any reasonable man : very fitting for every man to take into serious consideration in these undutifull times , whether he hath sworne or not sworne to any late or new oath or covenant made by any subordinate authority whatsoever . printed at oxford by leonard lichfield . . to my dread soveraign , the kings most excellent maiestie . may it please your matie , as one , whose heart ( amongst many thousands ) bleeds with the sad thoughts of the wofull divisions of our deare fellow-subjects ; and unfainedly pitties the mis-guidance of those poore well-meaning soules amongst them , whose credulity hath heedlesly betray'd them into a zealous errour ; i have let fall these few propositions ; which i have presumed to set downe , not as in the way of a challenger ; for , most ( if not all ) of them are such , as be not capable of contradiction ; but rather of a faithfull remembrancer to my dear brethren , of those points which they cannot but know , and yeeld : as well supposing , that nothing but meer want of consideration can be guilty of this perillous distraction , in them , who professe to love their king , and the truth . now the good god of heaven open the eyes and hearts of us all , that we may both see , and be sensible of the invaluable blessing of our peace , and the happy freedome of his gospel , which we doe comfortably enjoy under your maiesties sweet and religious government , to the wonder , and envie of all other nations ; and compose the hearts of all your native subjects to meet your maiesties most gracious indulgence , with all humble thankefulnesse . and the same god forbid that any of us should be weary of our happiness : and be drawne to doe any act that may ( before all the world ) poure shame upon our holy profession ; whose chiefe glory it hath alwayes hitherto beene to render us still loyall and obedient , and in this very regard , to triumph over the false religion of our opposites . such shall be ever the prayers of your maties most humble , and faithfull subject , and ancientest chaplain , jos : exon. a true testimony concerning oaths & swearing &c. as also an answer to the subject matter contained in twelve arguments or reasons laid down in a sermon preached at carlisle, aug. , by allan smallwood ... to prove that our savior did not forbid all swearing : wherein is fully cleared the command of christ and his apostle james swear not at all ... / by ger. benson. benson, gervase, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true testimony concerning oaths & swearing &c. as also an answer to the subject matter contained in twelve arguments or reasons laid down in a sermon preached at carlisle, aug. , by allan smallwood ... to prove that our savior did not forbid all swearing : wherein is fully cleared the command of christ and his apostle james swear not at all ... / by ger. benson. benson, gervase, d. . p. [s.n.], london : . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng smallwood, allan, - . -- sermon preached at carlisle, aug. , . oaths -- moral and ethical aspects -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - marika ismail sampled and proofread - marika ismail text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true testimony concerning oaths & swearing , &c. as also , an answer to the subject matter contained in twelve arguments or reasons ( laid down in a sermon preached at carliste , aug. . . by allan smalwood , d.d. as he stiles himself ) to prove , that our saviour did not forbad all swearing . wherein is fully cleared , the command of christ and his apostle iames , swear not at all , matth. . . & iam. . . from the corrupt glosses , limited sence and meanings of the said a. s. in his said sermon ; and in his reply to f.h. his book , called , oaths no gospel ordinance , &c. and also , the unsatisfactoriness and unsoundness of the aforesaid arguments , fully discovered ; and the command of christ , swear not at all , manifested , to be an universal prohibition of all oaths and swearing whatsoever , to his disciples . written in the year . by ger. benson . psal. . , . remember ( o lord ) the rebuke thy servants have , wherewith thine enemies have blasphemed thee , and slandered the footsteps of thi●● anointed . london , printed in the year , . to the reader . reader , vvhat i have written in this little treatise ( not being after man , neither by me received of man nor from man ) i have therefore made no use of the inticing words of mans wisdom , neither of any mans testimony , for the confirming the same ; but as the testimony therein born is for god , & the truth of his sayings , & not for man , i have made use of no other witness than the scriptures of truth , which proceeded from the spirit that beareth witness , because the spirit is truth ; and being so can neither deceive nor be deceived ; which spirit being of god , is greater than man , and so knoweth more : for the things therein treated of , are matters of faith , & therefore stands not in the wisdom of words or of men , but in the power of god , who shuts & no man can open ; & opens & no man can shut . neither indeed is fallen man , especially a swearer , a competent witness in this controversie about swearing , no man being a competent witness in his own cause . read then without prejudice , own with understanding , or answer in the ground , without contending about words to no profit ; for the kingdom of god consisteth not in words but in power , neither in meat & drink , but righteousness and peace , and joy in the holy ghost . a true testimony , concerning oathes and swearing , &c. in the day that almighty god created man ( before man was ) in his image and according to his own likeness , created he him , male and female created he them ; and having finished the works of creation , he looked upon all that he had made , and lo it was very good : and having also made the man of the dust of the earth , he planted a garden eastward in eden , where he put the man whom he had made : and that man might learn obedience , the lord commanded him , saying ; thou shalt eat freely of every tree of the garden ; but of the tree of knowledge of good and evil , thou shalt not eat of it ; for in the day thou eatest thereof , thou shalt die the death . now in that day , there was no strife or controversie ; for what the lord commanded , it was done , as it 's written , psal. . . for he spake , and it was done ; he commanded , and it stood fast . and god was all in all , and over all , the law-giver , judge , and king. and as then there was no sin in the world which god had made ; so neither was there any controversie or strife betwixt man and his maker , or amongst the creatures of god , neither was there any oath or swearing , nor any other outward or visible sign , shadow , type , or figure , in or by which the lord was to be worshipped , nor any need thereof ; for the lord god who is the substance of all , was all in all , and over all , god blessed for ever ; who was worshipped not in words , but in deeds ; not with oaths and swearing , neither in set forms , shadows , signs , or figures ; but in spirit and truth , in love and true obedience , which was and is better than sacrifice , or the fat of rams : and in that day the law of the spirit which is eternal ( and nor moral ) was the rule and guide of man in his worship and service of god , with whom man in his spirit had unity and fellowship , in the light , life and truth that is eternal and unchangeable . and as it was in the beginning , even so it is and shall be in the day of restauration of all things by jesus christ , who is , and was , and is to come , the almighty ; alpha and omega , the first and the last , the true and faithful witness , the author of all true witness-bearing . but man being in honour , continued not ; for the serpent being more subtile than any beast of the field , deceived the woman with his limitted sence and meaning , which he then gave to the positive word and command of god ( even as the spirit that now ruleth in all the chileren of disobedience , with his limitted sense and commodious interpretations ( as they are called ) of the scriptures of truth , doth deceive the simple that lends an ear unto him ) and thereby brought her then ( as that spirit doth people now ) into the transgression of the word and command of god , unto which no man ought to add any thing , neither to diminish ought therefrom , deut. . . rev. . , . and the woman having eaten of that which in its self was good ( and therefore not intrinsically evil , mark that ) gave unto her husband with her , and he did eate ; who having eaten contrary to the word and command of god , sin entered into the world , and the world into mans heart , and death by sin , the first ground or cause of unbelief : and now in that day ( the candle of the wicked being put out ) death and darkness passed over the life and truth of god in man ; so that the word and truth of god ( the ground of true witness-bearing ) which was and is eternal ( not moral ) was hid from their eyes who had sinned ; and now man being deprived of the glory of god , and ignorant of his righteousness , went after his own inventions , so that as it is written , death reigned from adam until moses , rom. . . and now in that day the lord had a controversie with man by reason of his sin : and man in his sin , was in unbelief of the word and truth of god , the ground of true witness-bearing . insomuch , as that in process of time , when men began to be multiplied upon earth , the wickedness of men waxed great , so that they went into strife and contention one against another , until blood touched blood : and in this estate of man , abimelech king of gerar , who was in the unbelief of the word and power of god , and observing that god was with abram , he was afraid , as it is written , the workers of iniquity are afraid , where no fear or cause thereof is , psal. . . and having a controversie against abram concerning sarah , gen. . . said unto abram , swear unto me here by god , that thou wilt not hurt me , nor my children ; then abram ( being afraid of his life , gen. . . and also having a controversie at that time with abimelech , about a well of water , gen. . , , , . ) said , i will swear . and here was the first oath or swearing that is recorded in the scriptures of truth , together with the original ground or cause thereof , viz. unbelief the fruit of sin ; and this was in time before the lord is said to have sworn , and long before the law was given : under which an oath for confirmation was to be unto them ( that were under that law ) an end of all strife , heb. . . and an oath and swearing was also in long time after witness-bearing ; for we read , that eve before the fall , did bear witness concerning what the lord had said , gen. . , . and sarah after the fall ( and in time before any oath or swearing ) did call the lord to witness , or judge betwixt her and abram , gen. . . without any oath or swearing . so that witness-bearing was in the beginning before the fall , and so in time , long before any oath or swearing was in the world . afterwards the lord proved abram , who obeying the word or command of god , the lord made a promise unto abram , that in his seed all the nations of the earth should be blessed ; and to shew to him , and his seed , the immutability of his counsel , and to the end , that he and they might have strong consolation ; the lord by way of condescention to man in his weakness ( which by reason of transgression all men by nature were involved in ) gave a token , as he had done to noah , gen. . . and said , by my self have i sworn , because thou hast not spared thine only son ; therefore will i surely bless thee , and multiply thy seed , and in thy seed shall all the nations of the earth be blessed : and so the lord added word to word , thereby to regain , or beget man into the belief of the truth of his word and promise ; and that by two immutable things , wherein it was impossible for god to lye ; man might have full assurance , that what the lord had promised he would perform● yet notwithstanding , they believed not his word , neither put their trust in his help ( whom he had chosen out of the nations , to place his name among , and to be a peculiar people to himself ) therefore their dayes he consumed in vanity , and their years in trouble , yet he helped them for his name-sake , and made his power known in their deliverance out of egypt , and leading them through the deep , and in the wilderness , and yet they sinned still against him , and provoked the highest in the wilderness , and tempted god in their hearts ; wherefore the lord , because of their transgression , and that sin by the commandment might become exceeding sinful , and that the offence might abound , rom. ● . . added the law , called , the first covenant or testament , gal. . . until the seed should come , which was out of transgression ( mark ) to whom the promise was made , which seed is christ , gal. . . who being come , the true and faithful witness , the oath and promise of god made to abraham was fulfilled and performed in him , luke . , . whom god had appointed to finish the transgressions , and to seal up the sins ( that were under the first covenant which was not faultless , heb. . . for the law made nothing perfect ; but the bringing in of a better hope did , heb. . . ) and to bring in everlasting righteousness , dan. . . that they which are called , might receive the eternal inheritance . so christ being come , in whom all the promises of god are yea and amen for ever ; he was the end of the law ( which was added because of transgression , until he came that was out of transgression ) for righteousness to all that believe , by whose obedience , many were , are , and shall be made righteous through faith. but the law is not of faith , gal. . . neither was given for a righteous man ( mark that ) but to the lawless and disobedient , i tim. . , . and therefore what the law saith , it faith to them that are under it , viz. to the transgressions and disobedient , &c. but christians in christ jesus , and in the faith of him , are new creatures , and therefore are not under the law of a carnal commandment , which was peculiar to the iewes , but under the law of the spirit , and of faith , the power of an endless life , heb. . . and as the law was not given for a righteous man , so neither was it given to the gentiles : for god shewed his word unto iacob , his statutes and his judgments unto israel ; he dealt not so with every nation , neither had the heathen knowledge of his laws , psal. . , . and therefore as allan smalwood faith of the judicial laws , as he calls them ; i may say of the whole law , written ( whether by men called moral , judicial or ceremonial ) that it was never obligatory to the gentiles , neither to us , who by nature are no iewes , nor ever dwelt in canaan ; and so what was never imposed , need not to be abolished as to the gentiles , neither to us ; but swearing was never commanded by god unto the gentiles as any part of his worship and service , therefore as to them and us , who by nature are no iewes , nor ever dwelt in canaan , it was never obligatory . so that a.s. and all that plead for oaths and swearing , with all their arguments drawn from the authority of that which they call the moral law , are overthrown , and will not avail them , to prove the lawfulness of swearing amongst us of these islands , who by nature have descended from the gentiles and not from the iewes : and therefore a. s. is worthy of blame , in going about to lay a yoke ( which neither the fathers nor we were able to bear ) upon them , which from among the gentiles are turned unto god , and are become christians in christ jesus , which the lord never required nor laid upon them , acts . . for what the lord required of the gentiles was manifest in them , for god himself shewed it unto them , rom. . . so that they also who amongst the gentiles were unfaithful to , and in that which they knew of god , were likewise left without excuse , as it is written , as many as have sinned without the law , shall perish without the law ; and as many as have sinned in the law shall be judged by the law , rom. . . and as to the iewes , to whom the law was peculiarly given , and so were under it , and therefore what the law said , it was to them that were under it ; when the fulness of time was come , god sent forth his son , made of a woman , made under the law , that he might redeem them that were under the law , that they might receive the adoption of sons , gal. . . that so both iewes and gentiles , without respect of persons , might receive in christ the blessing promised to abram ( when he was in uncircumcision ) through the righteousness of faith , and not through the law which is not of faith , gal. . . and so as it s written , the promise is sure to all the seed , and not to that only which is of the law ; but also to that which is of the faith of abraham , rom. . . although they were never under the law of any carnal commandment , nor never dwelt in canaan : for all who are of christ , they are abrahams seed , and heirs according to promise , gal. . . and so he is our peace , who hath made both jew and gentile one , and hath broken down the middle wall of partition betwixt them , having abolished in his flesh the enmity , the law of commandments , contained in the law written , that so both jew and gentile , through him , might have access unto the father by one spirit ( and not by swearing , or observing any carnal commandment ) and might worship the father who is a spirit , not in the oldness of the letter , but in the newness of the spirit , the law and power of the endless life ( which was in the beginning with god , before any oath or swearing was ) from which word and power of god that is eternal ( not moral ) man departed when he sinned ; and as christ is our peace , he is also our peace-maker , by taking away sin , and finishing transgression , the ground or cause of the controversie betwixt god and man , and one man with another , and bringing into the heart everlasting righteousness , he reconcileth man unto god , and one man unto another , turning the hearts of the fathers to the children , and the disobedient , to the wisdom of the just. and christ jesus coming to do the will of god , he fulfilled the law , which could not in any wise pass away till it was fulfilled , mat. . . and having fulfilled the law ( not destroyed it ) as he that fulfills and performs his covenant in every particular , he doth not destroy it ; although the covenant once fulfilled , is no longer obligatory to him that hath fulfilled it ) according to the will of god who gave the law , he took it away , or out of the way , and disanulled the first covenant or testament written in tables of stone , that he might establish the second , heb. . . called the new covenant , written not with ink , but with the spirit of the living god ; not in tables of stone , but in fleshy tables of the heart , according to cor. . heb. . . & . . and in that he saith a new covenant , he hath abrogated the old covenant or testament , heb. . . for being testaments , they were not be of force both together , the latter being in its self a revocation of the former ; and where a testament is revoked , there every legacy or gift therein contained , is also revoked and taken away , and not some particulars only , but the whole ; which testament , or covenant , is established upon better promises , that so what was impossible for the law or first testament to do , in that it was weak through the flesh , god sending his son in the likeness of sinful flesh and for sin , condemned sin in the flesh , that the righteousness of the law might be fulfilled in us , who walk not after the flesh but after the spirit , rom. . , . and thus christ jesus , according to the will of god , having fulfilled the law ( not destroyed it ) which was not of faith , and therefore was not to abide for ever : and the end of god in giving the law ( which was but to continue for a time , as a school-master to bring to christ ) being accomplished in christ , he took away the law or first testament ( that made nothing perfect , heb. . . ) which was not of faith , being changeable ; and in the stead or place thereof , he established the second testament or new covenant , upon better promises , which perfecteth for ever them that are sanctified , according to heb. . . which being the law of faith , is unchangeable and abideth for ever : so that christ jesus the mediator of the new testament , the faithful dispenser of the manifold graces of god , unto all that believe , came not only to reform the abuses of the scribes and pharisees , in swearing , in the temple , in the first priesthood , and other things under the first covenant ; but also to take away the things that were changeable which they had so abused ; and in the stead and place of them , to establish that which is unchangeable , the new testament , upon better promises , heb. . . and in that he faith a new testament , he hath abrogated the old , heb. . . and therefore when christ jesus ( the true and faithful witness was come , who was to restore all things as in the beginning ) was set down on the mountain , and his disciples ( whom he had chosen out of the world to be his witnesses ) came to him , and he being to make known unto them that were to bear witness of him , the true witness-bearing , as it was in the beginning , before any oath or swearing was ; amongst other his gracious words , he said unto them ( who were of the jews , and then were come to be his disciples ) and not to the multitude , ye are the salt of the earth , ye are the light of the world ; let your light so shine before men , that they seeing your good works , may glorifie your heavenly father . and that they being iews , might not be offended at what he was to say unto them ; he told them , he was not come to destroy the law or the prophets , but to fulfil them : and that not one jot or tittle should pass from the law , till it should be fulfilled ( mark that . ) in which words is plainly shewed , that as the law was fulfilled by christ , it was to pass away , being only given by god , and added because of transgression for a time , viz. till the seed should come , that was out of transgression , and so the law being temporary , was changeable : and having so prepared their minds , he told them among other precepts in the law , that it had been said of old time , thou shalt not for swear thy self , but shalt perform thine oaths to the lord : but i say unto you , swear not at all ; neither by heaven , for it is the throne of god ; neither by the earth , &c. but let your yea be yea ; nay , nay ; for whatsoever is more than these , cometh of evil , mat. . . &c. by which words , ( which are the interpreters of the heart ) it is evident that the oaths which they were under the law to perform unto the lord , and which christs words had reference unto , were such oaths as were required by the law ; and those oaths the law required , were by the lord , and not by the creatures ; for all swearing by the creatures was by the law forbidden : which being so , then the words following , but i say unto you , ( who were to be lights of the world ) swear not at all , must needs be a prohibition of all swearing by the lord. and that he added , neither by heaven , &c. christ giveth a reason for the same , mat. . . where he faith , he that sweareth by heaven , he sweareth by the throne of god , and by him that sitteth thereon ; who is the lord : and therefore as they were not to swear by the lord , so neither might they swear by heaven , it being gods throne , which would amount to swearing by god , that sitteth thereon : neither by the earth , neither by jerusalem , neither by the head ; which being the greatest of the creatures , the prohibition includeth also the lesser . therefore it is evident ( none of christs words being spoken in vain ) that christ jesus did not onely forbid all swearing by the creatures , but also by the true god : for if there had been any exception intended by christ the wisdom of god , he doubtless would have mentioned it , as well as he did vers . . where it 's said , whosoever shall put away his wife , except it be for fornication , causeth her to commit adultery , &c. for an oath and swearing not being in the beginning with god , nor originally of him , ( as true witness-bearing was ) but being added ( because the true witness-bearing was transgressed ) for a time , viz. until christ jesus the true and faithful witness , and ground of all true witness bearing , was made manifest , to restore the true witness-bearing , as it was at the first . now christ being come , and having chosen his disciples out of the world to be his witnesses , and to place and restore the true witness-bearing unto and amongst them , whom he had appointed to be lights and good examples unto the world ; he therefore took away swearing , which was not of faith , but was added because of transgression , as before is said , and as being more than yea and nay ; that he might restore and place the true witness-bearing , which is of faith , and therefore to abide in the house , and among the houshold of god for ever . for it is evident from the words of christ , ( where he saith , let your yea , be yea ; and your nay , nay ; for whatsoever is more than these , cometh of evil ) that swearing being more than yea and nay , the original ground or cause thereof in man , came of the evil , and not of the good , in man. and thus christ jesus , having forbidden all swearing whatsoever , as aforesaid , and taken away the first ground or cause thereof , in his disciples , he according to the will and promise of god , in the place and stead thereof , restored the pure language , the word of faith , which is the word of truth that was in the beginning ; by the light of which , every one that believeth with his heart , cometh to know the truth , and so to do the truth , to confess and speak the truth from his heart unto his neighbour , or before a magistrate in witness-bearing . and this witness , being of god , will not lye , and is therefore the greater witness , which every one that believeth hath in himself , according to iob. . , . and the testimony that is born from this , and according to this word of truth in the heart in witness-bearing , is in truth , in righteousness , and in judgement , being from and according to a good understanding . and as the truth ( which is in christ , the wisdom and power of god ) in mans heart , is believed in , it doth purifie and make clean the heart , by taking away sin and unbelief out of the heart , and so reconcileth it unto god , and one man unto another : and now the testimony that is born according to the truth in the heart , is that which god hath appointed to end all controversie and strife amongst men ; for now it is the spirit that beareth witness , because the spirit is truth , iohn . . and it is the spirit of truth which leads into all truth , and so from all oaths , shadows , and swearing , in witness-bearing ; which having but a shadow , and not the substance of true witness-bearing , when the substance was come , the shadows were to pass away : so what christ jesus received of his father , that he made known to his disciples , as he said , iob. . . i have given unto them the words which thou gavest me , and they have received them , and have known surely that i came out from thee , and have believed that thou hast sent me . insomuch as the apostle iames , when he writ his epistle to the tribes which were scattered abroad , he put them in mind , being jews , not gentiles , of that precept of christ , where he saith , above all things , my brethren , swear not , &c. iam. . . not that swearing was a greater offence than murder or adultery : but they , being jews ( and not gentiles ) by nature , had a command from god under the law to swear , &c. were apt to think they might as well swear then , as they might before . ( not at that time being so fully informed that christ iesus was the end of the law for righteousness to them that believe in him ; and that by him all that believe are justified from all things from which they could not be justified by the law of moses , act. . . ) for many among the jews which then believed , were at that time zealous of the law of moses ; insomuch as there were of them , that taught the brethren , that except they were circumcised , and kept the law of moses , they could not be saved , act. . & . . so that although adultery and murder were as great sins as swearing , yet the law ( which they were zealous of ) having forbidden the one , and required the other , it was more difficult to bring them off from swearing , than from murder or adultery . and therefore as it 's usual amongst men , to exhort those they are to watch over , above all things to take heed of those evils they have been most addicted to , and of those things they have been trained up in ; even so the apostle exhorted them , being jews , to remember the command of christ in whom they believed , swear not at all , &c. and although it be now concluded that christ jesus did intend by those words , swear not at all , an absolute , universal , and unlimited prohibition of all manner of swearing whatsoever , ( as indeed it must be either all swearing that was formerly commanded , or else christ in that command forbid nothing which was not forbidden before ; nay , by those words , swear not at all , he made the case about swearing more questionable , dark , and doubtful , than it was before ; which for any to affirm , were a great injury to christ , the wisdom and power of god. and yet christ jesus , in forbidding all manner of swearing whatsoever , did nothing but according to the will of his heavenly father : nor did the apostle iames , in putting the jews in mind of his masters command , swear not at all , any thing in opposition , but in obedience to the requiring of christ. and now of the things before written , this is the sum , that an oath and swearing was not in the beginning with god , neither was the original ground or cause of an oath & swearing , of god. and therefore neither was nor is an oath or swearing , any part of the law eternal , nor of the essence of the worship and service of god , in spirit and truth . but the original ground or cause of an oath and swearing amongst men in the world , was the unbelief of man , ( in god , his word , and truth ) of which , transgression was the first ground or cause , which not being any fruit of the spirit of god , ( as true witness-bearing is ) entred into the world , and the world into mans heart , by sin and death . and therefore an oath and swearing is not any part of the worship and service of god now , under the spirits immediate administration . and the law , having but a shadow of good things then to come , therefore could never make the comers thereunto perfect , as the bringing in of a better hope doth : and so christ jesus the true and faithful witness , that ends the controversie between god and man , being the end of the law , ( under which the oath for confirmation was to be unto them that were under it , an end of all controversie and strife amongst men ) for righteousness , to all that believe ; which law , not being of faith , was to be taken away , or out of the way , when faith was come ; which was before the law ( which is not of faith ) was given , or any oath or swearing was . for as the love of god to israel appeared , in giving them his laws and statutes , notwithstanding they could not accomplish their eternal peace and happiness , by reason of the weakness of the flesh ; neither could be taken away , nor they freed therefrom , until they were fulfilled , and the end accomplished for which they were given ; even so the riches of the love of god appeared in sending forth his son ( to effect that which the law could not do for man , neither could man free himself from ) who being manifested in the flesh , the oath and covenant of god was fulfilled in him : and to as many as received , and do receive him , by believing in his word , which is night in the heart , to do thereafter , the heart cometh to be purified , and made clean , and being prepared by the lord , cometh to witness and feel the love and power of god , to quicken it , and enable it to every good work : so that a good man out of the good treasure of his heart bringeth forth good things , mat. . . speaking the truth to , and witnessing the truth for his neighbour , according to and from a good understanding . and thus the righteousness of the law cometh to be fulfilled by christ in us , who walk not according to the flesh , but according to the spirit ; and the end of god in giving the law accomplished ; according as it 's written , tim. . . the end of the law is love out of a pure heart , and of a good conscience , and of faith unsained : so that the law which required an oath in witness-bearing , nor any other part of the law , by christ , or any that are of him , is not frustrated , neither destroyed , but the righteousness of the law by true witness-bearing , is fulfilled : and being fulfilled , was by christ , according to the will of god , disanulled , abrogated , abolished , and taken out of the way , with all oaths , swearing , and signs , that were required by it : and in the stead and place thereof , the law of the spirit and of faith , the true witness-bearing , as it was in the beginning , before any oath or swearing was , established by christ in the house of god for ever . by which law of faith , the victory over the world , sin , and unbelief , cometh to be witnessed , the first ground or cause of swearing in the world. and now the righteousness of god ( without the law written , which is not of faith ) is manifested ( by the light of christ that shineth in mans heart , for to give unto man the knowledge of the things that are immediate of the spirit , and therefore are spiritual , not moral ) being witnessed by the law and the prophets , according to rom. . . and is not now called the works of the law , but the fruits of the spirit ; which , as the apostle faith , ephes. . . is in all goodness , righteousness , and truth : and gal. . , . is love , ioy , peace , long suffering , gentleness , goodness , faith , meekness , temperance , &c. and so the cause being removed , the effect ceaseth . from all which it is evident , that true witness-bearing was before any oath or swearing was : and the law that is perfect and eternal , was ( though hid from their eyes whose minds were alienated from the life and light of god , because of the hardness of their hearts ) before the law in the tables of stone , was written : and the lord was worshipped in spirit and truth , before any oath or swearing was : and therefore an oath and swearing neither is , nor ever was , any part of the law eternal , nor of faith , neither any essential part of the worship of god in spirit and truth , which is unchangeable and spiritual : so that the laying aside , or taking away of an oath and swearing in witness-bearing , is not to destroy witness-bearing , but the reducing it to its original verity and purity , as it was in the beginning , from all oaths and swearing ; which was added for a time , to wit , till the true witness christ jesus , and the true witness-bearing , was made manifest and restored , according to the prophesies that were written of and concerning christ : and as true witness-bearing , was in time , before any oath or swearing was , ( and therefore an oath and swearing was not , neither is , of the essence and substance of true witness-bearing ) even so the truth was before any lye ; although the lyar is more ancient than the swearer . now these things being so , why should men professing god and godliness , and christianity , go about to continue an oath and swearing in witness-bearing under the gospel , which is everlasting , and was preached to abraham before the law of oaths was , or any swearing was commanded or required by god , gal. . . which had its beginning and ending in time , not being of the law of faith , that abideth for ever ; and therefore was and is changable , being of those things that might be shaken , and so to be removed : that true witness-bearing ( which being of faith , and therefore cannot be shaken ) may remain . therefore , o ye called christians , let it not seem to you a thing so grievous , to have the bondwoman ( unbelief ) and her son ( swearing ) cast out ; for assuredly it must not inherit the kingdom of god with the son of the freewoman , ( true witness-bearing . ) and now these things thus premised , being a true testimony concerning oaths and swearing , &c. i proceed to answer the subject matter contained and laid down in twelve arguments or reasons , whereby allan smallwood hath endeavoured to prove ( but in vain ) that our saviour did not forbid all swearing , when he said unto his disciples , swear not at all , &c. mat. . . arg. . the first argument ( as it is stated by a. s. in his reply to f. h. his book intituled , oaths no gospel . ordinance , &c. ) is , that the father and the son are one and the same god immutable in nature and will , ( for mutability would argue imperfection ) and consequently cannot issue forth contrary commands , for that would evidence a contrariety or mutability in their will : and the father having commanded swearing , the son surely hath not forbidden it . the argument runs thus : whatever the father hath commanded , that the son hath not forbidden : but the father hath commanded swearing , deut. . . therefore the son hath not forbidden it . answer . and in the first place , i say , the argument in this case is not fairly stated . secondly , that there is a difference between the law of god which was and is eternal , and so unchangeable , as the will of god in itself is ; and the commands of god under the law , which was given to the people of israel for a time onely , and so were temporary , to wit , till the seed came to whom the promise was made , gal. . to be a schoolmaster to bring them to christ , that they might be justified by faith , gal. . . but after the saith was come , they were no longer ( by gods ordination ) to be under the schoolmaster , vers . . so that when christ the seed , to whom the promise was made , was come , &c had fulfilled all that was written concerning him in the law , in the prophets , and in the psalms , the law of commandments that was not of faith , gal. . . was to be taken out of the way , the end for which it was given being accomplished , according to the will of god. so that although god the father commanded swearing under the law , till christ the true and faithful witness was made manifest in the flesh , and restored the true witness-bearing , as it was in the beginning before swearing was , unto his disciples , whom he had chosen out of the world to be his witnesses ; and that christ jesus the son of god in that precept , swear not at all , did forbid all swearing to his disciples ; yet there neither was , nor is any mutability or change in the will of god , nor contrariety in the will of the son , to the will of his father ; for what the son did command , it was according to the will of , and what he received of his father : now that swearing was commanded by the law a. s. confesseth ; and that an oath and swearing was to pass away , or to be taken out of the way when the true witness and witness-bearing ( was made manifest ) which was before any oath or swearing was , is before fully manifested : so that the argument in this case truly stated , runs thus ; that what god the father did command to his people israel only for a time , and for such an end ; the time being fully come , and the end accomplished , the command so given , is no longer of force , nor obligatory . and therefore , there is in this case , no contrariety or mutability in the will of the father , nor contrariety in the will of the son of god , to the will of his father , in that command , swear not at all : that command of god the father , deut. . . which was temporary , being according to the will of god , first taken out of the way , that the command of christ , mat. . . might be established for ever , according to heb. . . he taketh away the first , that he might establish the second . and the prophesie , psal. . judah is my law-giver . that so the servant , who was not by god's appointment to abide in the house for ever , might give place to the son , who is to abide in the house for ever : and that god the father did give several commands only to be observed and to continue for a time without any mutability in his will , is evident from the testimony of the scriptures of truth ; as gen. . . where the lord commanded abram to take his only son isaac and offer him for a burnt offering , &c. and in vers . . the lord commanded him not to lay his hand upon the child , neither do any thing unto him : and mat. . . ioseph was commanded , to take the babe , and his mother , and flee into egypt , and be there till ( mark ) i bring thee word , &c. and in vers . . when herod was dead , he was commanded to take the babe and his mother , and go into the land of israel : and yet there was no change or contrariety in the will of god , although there was several and contrary commands , the one , to flee into egypt ; and the other , to return into the land of israel : so likewise , gal. . , , &c. it 's said , that the heir , as long as he is a child , differeth nothing from a servant , though he be lord of all ; but is under tutors and governors , until the time appointed of the father . by which it is evident , that though israel according to the will of god was to be under the law , which was not of faith , for a time as a servant ; yet it was never the will of god their condition should alwayes be so , but only until the time appointed : which time being come , they were to be freed from that law , that they might receive the adoption of sons : for although the lord had forbidden moses , and all others , to add any thing to , or diminish any thing from what was written in the law ; yet he had not limitted himself but that he might add to , or take from what he had given in command and that without any mutability in his will : and if the father at sundry times did give forth several commands , and that contrary one to another , without any mutability in his will ( in that sense which a.s. doth affirm ) then the son , who doth whatsoever he seeth the father do ; did not give forth that command , swear not at all , contrary to , but in obedience to the will of his father : for although the words of the commands , mat. . . and deut. . . in themselves are contrary , yet the will of the father , and the son , was in perfect unity , without any contrariety : but the contrariety is in that mind that is carnal , and therefore neither is , nor can be subject to the law of god , rom. . . which being in the spirit , is spiritual and eternal , and not moral . so that such now whose minds are alienated from the light and life of god , are ignorant of the righteousness of god , as the jews formerly were , who had moses read in their synagogues every sabbath day ( for where moses is read , the vail is upon the heart to this day , cor. . . ) so that such do not see now , no more than the jews did then , the end of that which is abolished : nevertheless now as then , all whose minds are turned to the lord , and believe in his light that shines in their hearts for to give unto them the knowledge of god in the face of jesus christ , and of the law in the spirit , written not in tables of stone , but in the heart ; which law was before the law of moses was written , or any vail was . they in the light eternal see the end of the law , which was not of faith ; and the law abolished , under which an oath for confirmation was to be unto them that were under it , an end of all controversie and strife : and also in the light that was before any oath or swearing was , they see and know the true and faithful witness , christ jesus in them , from whom all true witness-bearing is ; and so the true witness-bearing , as it was in the beginning , which no vail , shadow , or natural light can discern , cor. . . and thus all who do the will of god by believing in him whom god hath sent , they come to know christs doctrine , swear not at all , to be his that sent him , to be a light to the gentiles , and the glory to his people israel . and is it equal , o ye sons of men , that those whose eyes god hath opened , and unto whom god hath given the light of eternal life , that they should be compelled to walk by the same guide , the blind are led by , in their witness-bearing ? would it not be a thing unreasonable , for to require him who hath his perfect sight , when the sun shines to shew him his way , to require him to have a man take him by the hand and lead him on his way , as the natural blind are led ? hath not the lord in all ages put a difference betwixt them that feared his name , and trembled at his word , and those that feared him not , but walked after the stubbornness of their own hearts , and after their own inventions ? and if the lord hath so done , and so doth , ought not all those who are his ministers upon earth , to do the like ? but a.s. further saith , that oaths are commanded by the moral law , and that the ten commandments are the summary of it : and doth grant , that oaths are no gospel ordinance . and also saith , that our saviour came not to destroy , but fulfil the moral law ; and therefore swearing , being enjoyned by the moral law , must be now of as much force as ever it was . he also affirmeth , that christ did not abolish the iudicial and ceremonial law , once commanded by god ; because the one was peculiarly given to the iews , and so concerns us not at all : and the other was temporary , expiring at christ's death , &c. answ. the words , law , covenant , and testament , are general and comprehensive words ; every of them including or comprehending in themselves , all the words , sentences , gifts , ordinances , or precepts , that was required , and commanded the people of israel by the lord at that time ; and therefore ought not to be limited by man , or distinguished into morals , judicials , and ceremonials , as thereby to lessen the authority of one , to set up another above it , after the rudiments of the world , and not after christ ; who saith , he that shall break one of the least of the commands , and teach men so , shall be called the least in the kingdom of heaven , mat. . . and it 's written , deut. , . cursed is every one that continueth not in all things which are written in the book of the law to do them , gal. . . and christ came not only to fulfil , this or that part of the law , but the whole law ; yea , every iote and title , that then was written , mat. . . neither is he said to be the end of this or that part ( whether by men called moral , judicial , or ceremonial ; for the spirit of the lord hath made no such distinctions of the law ) but of the law in general , yea all that was written in the law of moses , in the prophets , and in the psalms concerning him , luke . . and as the law was fulfilled , it was to pass away , or to be taken out of the way , the end being accomplished for which it was given : and being abolished , eph. . . abrogated and disanulled , heb. . . and taken away , or out of the way , heb. . . col. . . cor. . , . the law or power of the endless life , the law of the spirit and of faith ; which is not moral , but spiritual and eternal , the new covenant or testament which is unchangeable , the righteousness of god ( without the law in the letter ) was and is manifested in the heart , to do thereafter , being witnessed by the law and the prophets , rom. . . ier. . . heb. . . according to the promise of god ; that so the blessing of abram might come on the gentiles through jesus christ , that they together with the jews , to whom the law in the letter was peculiarly given , might receive the promise of the spirit through faith , gal. . . rom. . . and whereas a. s. faith , that christ did not abolish the iudicial and ceremonial law , once commanded by god , because the one was peculiarly given to the iews ; and the other was temporary , expiring at christs death . answ. if christ did not abolish the judicial nor ceremonial law , as they are called and distinguished by a. s. then it must needs follow , and be granted ; that christ did abolish , abrogate , disanul , take away , or out of the way , the law which a. s. calls moral ; or else christ abolished no law at all : but it is evident from the plain testimony of the scriptures of truth before mentioned , eph. . . heb. . . & . . col. . . cor. . , . that jesus christ did abolish , abrogate , disannul , take away , or out of the way , the law of commandments contained in the law written , the old or first covenant or testament , the hand-writing of ordinances , the ministration of death written with letters , and engraven in stones ; and therefore , if christ ( as a. s. hath affirmed ) did not abolish the judicial and ceremonial laws ; then , as is before said , it must of necessity follow and be concluded , that christ jesus did abolish , abrogate , disannul , take away , or out of the way that law which a. s. calls moral : for the scriptures testimony in the places before mentioned ; are either true or false . to say they are false , is blasphemy ; because they were written by divine inspiration , and the infallible guidance of the spirit of truth : and therefore being true ; then that law ( which a. s. calls moral , of which he also affirmeth an oath and swearing to be a part , or required by ) was by christ abolished , abrogated , disannulled , taken away or out out of the way : and the law by which swearing was commanded being abolished , all oaths and swearing commanded or required by that law , must of necessity be abolished with the law. now these things being so , all the arguments and distinctions , with all the conclusions and clouds of witnesses that a. s. hath laid down , made and brought in , to prove the lawfulness of some swearing now under the gospel , from the authority of the moral law , as he calls it , are made void , and are become of none effect . and therefore a. s. is worthy of blame , in affirming so confidently , that if swearing be enjoyned by the moral law , it must be of as much force now as ever : and it may be of concern to a. s. before he begin his history of oaths , that he find out some other law of god , than that he call moral , to ground the lawfulness of oaths upon , lest he build upon a sandy foundation ; and so labour in vain ; for himself acknowledgeth ( in pag. . of his reply to f.h. ) it was a certain truth , that christ gave no new command in matters of oaths , nor in any other , more than what was formerly enjoyned in the moral law. and besides , in his epistle to the reader , he saith , that no orthodox man had ever said , that oaths were ever any gospel ordinance , ( or to that effect ) but on the contrary their tenent is , that they are commanded in the moral law ; which law being abolished ( as before is proved ) by christ , and no other law of god being found that requires swearing under the gospel ; but on the contrary , a positive law of christ given to his disciples , not to swear at all ; it cannot be of any service to the lord , or his people , to write such a history : but rather to exhort people to mind the fear of the lord , and to have a regard to all his commands , which being in the spirit , that helps the infirm , are not grievous ; and to walk in the light of the lord , that they may have no occasion of stumbling at the command of christ , swear not at all . for as it were a sin , to deny obedience to any ordinance or command of god in its time ; even so it is a sin also , for any to use or practise any command of god as a part of his worship & service , for any other end , or longer time , that it was given for , or ordained by god. which errour , christians have justly condemned in the jews , for holding up for ordinances and commands of god ( circumcision , passeover , temple , the seventh day sabbath , and many other things required and commanded by god in the law , or first testament , as oaths and swearing was under the first testament commanded the jews ) after that christ jesus was ascended to his father , and had sent the spirit of truth to lead his disciples into all truth ; which truth being the substance of all oaths , shadows , types , figures , and signs , that were under the law , which had but a shadow of the good things to come , heb. . . which when david in the light of the lord , had manifested to him ( he being a prophet ) in which light he saw light , even the law , whereof the lord had said unto him , thou art my son , this day have i begotten thee , psal. . . he then said ( having seen the end of that which was to be abolished ) that in burnt offerings and sacrifices the lord took no delight , neither had pleasure therein ; sacrifice and offerings , thou wouldest not , but a body hast ordained me ; in offerings and sin offerings thou hast no pleasure , heb. . , . so that although such as do not the will of god , do not see the end of that which is abolished , neither know christs doctrine ; yet all who do believe in him , whom god hath sent a light into the world , they know the doctrine of christ , swear not at all , to be of god , and according to godliness , iob. . , . but to proceed to a. s. his second argument , which runs thus ; arg. . whatsoever at all times , as well under the gospel as under the law , tends in an especial manner to the glory of god , that is neither ceremonial nor forbidden by christ. but some swearing at all times as well under the gospel , as under the law , tends in a special manner to the glory of god. and therefore all swearing , is neither a ceremonial ordinance , nor forbidden by christ. answ. god is not now , nor ever was glorified in an especial manner by his creatures , but as they did and do obey his commands , and so do the thing he requireth of them : as it 's written , obedience is better than sacrifice , and to do the will of god is better than the fat of rams . and although it be granted that some swearing under the law did tend to the glory of god , as done in obedience to his requiring ; yet it doth not follow that now under the gospel , any swearing doth tend in an especial manner to the glory of god ; because the law in or by which it was commanded , as before is proved , is abolished ; and swearing now forbidden by christ , mat. . . to all his disciples . and again , as hath been before proved , swearing was never any essential part of the worship of god in spirit and truth , because it was not any part of the law eternal , neither in the beginning with god , nor originally of him ; as the true witness-bearing was . and therefore swearing under the gospel , not being required , but forbidden by christ , without whom no man can glorifie god , doth not tend in an especial manner to the glory of god , as the true witness-bearing doth ; so that this argument , and the conclusion thereupon made , is of no force , to prove any swearing to tend in an especial manner to the glory of god : but to do truth , confess the truth , and to speak the truth in witness-bearing , or in our communications , doth not only tend to the glory of god , but also to the benefit of our neighbour ; and is therefore acceptable unto god , and profitable unto men. and so i proceed to the third argument , which is this , arg. . if christ forbad swearing , then it was either because it was repugnant to our duty to god , or repugnant to our duty to our neighbour . but some swearing , is neither repugnant to our duty to god , ( whose glory in sundry particulars it advanceth ) nor repugnant to our duty to our neighbour , to whom thereby much advantage may accrue in several respects . and therefore christ forbad not all swearing . answ. this argument is framed much like the question put to christ , concerning the man that was blind from his birth ; who did sin , this man or his parents , that he was born blind ? to which question , jesus answered , neither hath this man sinned , nor his parents ; but that the work of god might be made manifest . so i may say , what if christ forbad swearing , neither because it was repugnant to our duty to god , nor to our neighbour ; but that the work , power , and will of god might be made manifest in and by christ , and to make known unto his disciples , that all power in heaven and earth was committed unto him , mat. . . and that as he had power to take away , he had also power to give , alter , and change laws , the government being laid upon his shoulders , isa. . . to whom also all judgment was committed . but for further answer , i say , whatever is acted by man as an essential part of the worship and service of god , which the lord doth not require , is repugnant to our duty to god , and so hath the lord testified in all ages , as appears gen. . . isa. . ier. . , , . isa. . , &c. mat. . , . but swearing under the gospel , the lord hath not required , but forbidden , as before is proved : therefore it is repugnant to our duty to god ( whom we are to obey , and our superiours in him , and for him ) and being repugnant to our duty to god , it cannot be truly advantagious to our neighbours , whom we are to love as our selves . again , there is nothing of advantage can accrue to our neighbour by swearing , which true witness-bearing doth not fully supply where it is received : nay , there is much more surety to our neighbour by true witness-bearing ( than by swearing ) because a true witness will not lye . the fourth argument is thus formed : arg. . that interpretation of our saviours words , swear not at all , which renders the following words vain , and impertinent , is false &c. answ. that christ intended what he said , i hope no christian will deny : and that those words , swear not at all , were spoken by christ , and are in themselves a prohibition of all swearing whatsoever , is evident : and that they were spoken by christ ( not by way of compliance with what had been said before to them of old time ) but in the contrary thereof , is apparent by the words ; but i say unto you , swear not at all : which words , if they signifie nothing but what was before said , then should they not only be to no purpose , but hurtful , by making the case of swearing more dark and questionable than it was before under the law : which for any man to affirm , were a great injury to christ jesus , the wisdom of god ; and therefore christ having spoken all those words , but i say unto you , swear not at all , neither by heaven , &c. and that in the contrary of what was said before , as the word but , ( and the words ) not at all , do import : it is manifest that christ did in that command , swear not at all , forbid somewhat that was not forbidden by the law : and consequently , all swearing whatsoever , whether by the lord , or by the creatures ; and that christ added neither by heaven , the earth , jerusalem , the head , they being the chiefest of the visible creatures , all the other creatures being the lesser or inferiour are included , the greater comprehending the less ; so that the words following , and precedent , are all significant and useful : for being the words of christ , not any of them are to be rejected ; but all and every word established : and therefore it were more beseeming christians , to give all diligence to observe the law , and command of christ ; then to invent and frame arguments against his words , which are in themselves plain , and have no ambiguity in them ; and being so according to the rule , when in words there is no ambiguity , there no exposition is to be made against the words expressed : for in doubtful speech we utter not a doubtful sence , but only that which we mean ; therefore , he which speaketh one thing , and meaneth another , neither doth he utter that which the word signifieth , because he meaneth not so , neither that which he meaneth , because he speaketh it not : which for any man to affirm of the words of christ , swear not at all , were , as before is said , a great injury to christ , the wisdom of god , and to the spirit of truth , from which the scriptures of truth were given forth . all which words of christ being in themselves prohibitions of swearing , and no exceptions ( as the words of christ in the case of divorcement were , where it 's said , except for the cause of fornication ) do the more confirm and illustrate the extent of the command . and being the words of christ , the wisdom of god , they are neither vain nor impertinent , no more than those words in the fourth commandment , in it thou shalt do no manner of work , nor thy son , &c. all which were included in those general words before-going , remember the sabbath day to keep it holy : or the enumerating all those words written in the tables of stone , which were all briefly comprehended in those few words , thou shalt love the lord thy god with all thy heart ; ' and thy neighbour as thy self . and yet the wisdom of god , which is wiser than men , knowing whereof we , as men , have need , spoke all those words in the law. and where the law-giver hath made no exception , he to whom the law is given ought not . and so i conclude , that the law of christ , swear not at all , is perfect , and a full prohibition of all swearing unto his disciples ; and being perfect , no man ought to add any thing thereunto , or diminish any thing from it . and so i proceed to the fifth argument . arg. . nothing that of it self is not intrinsically evil is forbidden by christ ( and that is proved by induction . ) but swearing is not of it self intrinsically evil ; and therefore christ did not forbid it . answ. the thing in dispute is not , whether christ did ever forbid any thing that was not of it self evil ? but , whether christ hath forbidden all swearing ? which that christ hath forbidden all swearing , his own words ( which are the interpreters of the heart ) do prove . and one single testimony of the scriptures of truth , is of more strength than a thousand surmises , or meer humane witnesses . and therefore swearing being forbidden by christ , mat. . . it is the duty of christians to apply themselves to yield obedience to his command , and not to frame arguments to evade the same , or to ask a reason wherefore he so did : and yet we read , that god commanded circumcision and sacrifices , which in themselves are not evil , and yet forbidden in the new covenant : and we also read , that god forbad adam to eat of the tree of knowledge of good and evil ; which tree and its fruit of themselves , were not intrinsically evil . and the use of several other creatures , under the law , was forbidden the people of israel . and what god the father did forbid , it was by his word ; and christ , the word and power of god , he forbid his disciples to go into the way of the gentiles , and not to enter into any of the cities of the samaritans , mat. . . and he charged his disciples they should tell the vision to no man , until , &c. mat. . . and that they should call no man master upon the earth , mat. . . none of which of themselves were intrinsically evil . but that which concerns us as christians , and so under the law of christ , is not so much to enquire , whether or no , such a thing be good in or of it self ; but whether or no it be good for us to practice , yea or nay ? for , as said the apostle , what is not of faith is sin : and therefore , that is good for christians to do , which the lord requires of them . but to proceed to the sixth argument ; the force whereof is this : arg. . either christ forbad not the taking of an oath upon just occasion : or else st. paul ( though assisted by the holy ghost ) understood not the text. or , if he understood it , he acted against it , and that not rashly , but upon deliberation ; because in his epistle he calls god to witness , which is a formal oath . answ. that the apostle paul did know the mind of christ , in that precept , swear not at all , is believed : but that he acted contrary contrary thereto , when he said , god is my witness , or called god to witness , is denied : for as he knew christ had forbidden all swearing , he also knew that christ was the true and faithful witness , the first and the last , and came to restore the true witness-bearing as at the first ( which was and is the righteousness of the law of oaths : ) and the apostle being an able minister of the spirit , not of the letter , he was come to see the end of that which was abolished , and preached the everlasting gospel , the word of faith , which was and is the word of truth , the author of true witness-bearing , which was before any oath or swearing was . and so as christ , his lord and master had done before , when he said unto pilate , for this end was i born , and for this cause came i into the world , that i should bear witness unto the truth , joh. . . he in obedience to his lord and master , did bear witness to , and of the truth : and in witness-bearing did ( as the servants of the lord do ) call god to witness , or appeal to the witness of god in men , concerning the truth of what he declared , without observing any set forms of words : and as sarai had done before , when she said unto abram , the lord judge betwixt thee and me ; yet did not swear at all . but a. s. saith , that calling god to witness , is a formal oath● because there is an attestation of the name of god. answ. that the name of god was used in witness-bearing , before any oath or swearing was , doth appear gen. . . where eve before the fall , in witness-bearing , used the name of god , when she said , god hath said , ye shall not eat , &c. yet did not swear at all . and sarai after the fall did use an attestation of the name of god in witness-bearing , when she said unto abram , the lord judge betwixt thee and me , gen. . . and yet sarai did not swear at all in so doing . and therefore the calling of god to witness , or saying , god is my witness , &c. without adding of somewhat more , is neither oath nor swearing . for if such attestations ; or mentioning the name of god , without somewhat more , were swearing , then it would follow , that people did swear oftentimes in their prayers ; as when they use that expression , oh god the father of heaven , &c. o god make haste to help us , amen , amen , &c. which for any to affirm , were a great injury to the people . again , if a bare attestation of the name of god , by what terms soever expressed , were an oath and swearing , without adding of some what more , then would the magistrates in judicial proceedings in cases where an oath and swearing is by the law required , receive such attestations of the name of god , without denying them for oaths and swearing . but such attestations , or the like , without adding somewhat more , is denied by the magistrates in judicial proceedings , &c. therefore they are no formal or legal oaths without addition of somewhat more ; which somewhat more , being more than yea and nay , cometh of evil . for it must be confessed ( and it is the chiefest ground , or cause , that is alleadged for the lawfulness of some swearing under the gospel , that it is necessary for the ending of controversies and strife in judicial proceedings , &c. ) that if an oath or swearing were lawful in any case whatsoever , it must be in judicial proceedings , &c. and i do not find in the scriptures of truth , that any oath was lawful , but in such proceedings , or the like emergent occasions : all vain , and prosane oaths being forbidden by the law : and as the lawful use of oaths under the law , was in legal or judicial proceedings ; so the definition or determination of what was a legal oath or swearing , and what was neither oath nor swearing , was by the law , and the ministers of it , and not by private or particular men : for at this day , there are several kinds or forms of oaths required by the national laws ; and yet the bare attestation of the name of god , without addition of somewhat more , is not answerable to any of them , neither doth fully answer the requiring of the law , as the daily practise of the law in the courts of judicature doth manifest , which practice doth declare what a legal oath is in the judgment of the national laws : and for illegal oaths , a. s. i hope will not contend . by which laws also it doth appear , that the law doth put a difference betwixt an oath or swearing , and witness-bearing ; and doth not confound them together , as many men do . as for instance in one particular , when a party , or a witness doth appear to answer a libel , or to give evidence in the ecclesiastical courts ; upon his appearance in the court , he is required to take his oath ; and then the book being held , the party having laid his hand thereupon ; some words being spoken to him by the judge of the court , and after the party having kissed the book , then is the party said to be sworn , or to have taken his oath . and being so sworn , he is admonished to give in his answer , or his evidence , as the case is , at or before such a time ; so that the evidence after given into the court , is the witness-bearing ( and not the oath ) : which evidence , or answer ( as the case requires ) if he neglect or refuse to give , he is proceeded against for refusing to give his evidence , or answer : and not as one that refuseth to swear or take an oath , he having sworn or taken his oath before ; which evidence , if given , is the witness-bearing , and not the oath . for if he refuse to swear , he is proceeded against for refusing to swear , although he offer to give his evidence without swearing . so that the evidence is the witness-bearing , and not the oath ; by which it doth appear , that an oath is in , and of it self , a distinct thing from witness-bearing ( which was before any oaths was ) and is but a bond or tye for true witness-bearing , and not the substance : for when the evidence is given , if what is evidenced be false , the oath taken before or after , doth not make it true ; and if it be truth that is evidenced , the refusing to take or add an oath , or give a token , sign , or pledge , doth not detract any thing from it . by which it may appear to the unprejudiced in mind , that the laying aside of an oath and swearing ( which was added for a time under the law in witness-bearing , because men had transgressed or gone from the truth of god , which was in the beginning , before any oath was ) in witness-bearing , is not to destroy true witness-bearing , but the reducing it to its primitive purity , as it was in the beginning . so that the true witness , christ jesus , being made manifest , all that believe in him and receive him , to them he gives power to become the sons of god ; and by his spirit ( which is truth , and leads into all truth ) he enableth them , to do the truth , confess the truth , and speak the truth from the heart unto their neighbour , or before a magistrate in witness-bearing ; as it 's written , a good man , out of the good treasure in his heart , he bringeth forth good things . so that our neighbour , if he receive our testimony , being truth , he is not damnified by us ; although we may not swear at all , or give him any outward sign , or pledge , which cannot add any thing in truth to the truth which we are willing and free to bear witness of , and unto , upon any just occasion ; neither can the magistrate be more assured of the truth of what is evidenced , by an oath , than by a bare affirmation : for as the one , so the other may be true or false : again , i say , that not only our neighbour is not prejudiced by us ( because we may not add any sign , token , or pledge , to the truth which we bear witness of and to ) but he is by true witness-bearing more advantaged , than he is or can be by swearing ( when the evidence born is not true ) which neither is , nor ever was of the essence of true witness-bearing ; because true witness-bearing was before any oath or swearing was : for there may be and hath been many times oaths and swearing in judicial proceedings , when the evidence given upon such oaths have not been true , but false ; and so men thereby have and do suffer prejudice . but when and where true witness is born and received , although an oath be denied , or not given ; yet hereby men are advantaged and receive benefit , and no prejudice at all ; for where a true testimony is born , there none ever did or can thereby receive loss . again , christ jesus being come to restore and establish everlasting righteousness in the new covenant that is faultless , and so unchangable ; and oaths and searing not being faultless , and so changeable ; not being from everlasting , but added for a time , because of transgression , as is before said : it was expedient that all swearing , with those things under the first covenant , should be taken away , that were things in themselves changable , and might be shaken ; to the end , that true witness-bearing which could not be shaken , might be established in the house of god for ever . so that although , where moses or the old testament is read , an oath and swearing , as a vail , remains to this day undone away ; yet nevertheless , all whose hearts and minds are turned to the lord , in the light that was before any avail or oath was , they see and witness the end of that which is abolished : for , where the spirit of the lord is , there is freedom , cor. . and therefore the apostle paul ( having seen and witnessed the removing of those things which might be shaken , and knowing that when that which was perfect was come , that which was but in part was to be done away ) he in witness-bearing said , god is my witness , i speak the truth in christ , i lye not , &c. without adding any outward token , sign , or pledge ; or observing any form of words at all : so that as he himself said , he became as without law , to them that were without law , cor. . . yet was he subject to the law of christ , and did not swear at all . and as he did not himself swear , so neither did he teach swearing to be lawful by way of doctrine to the hebrews , when he said , that an oath is among them for an end of all strife and controversie , heb. . . which words he spoke , not by way of doctrine , as a thing to be practised by them as christians ; but by way of repeating , what formerly had been used amongst the jews , under the first covenant , and so that he might shew unto them being jews , how that by christ , the first testament was taken away , or out of the way : and the second established upon better promises : for as he said of swearing , he also said of the priesthood , that every high priest is ( not was ) ordained to offer , &c. heb. . and that after the second vail , was the tabernacle , which is ( not was ) called the holiest of all , heb. . . and when moses had spoken every precept to the people according to the law , he took the blood of calves , saying , this is ( not was ) the blood of the testament which god hath appointed to you , heb. . , . all which his sayings do plainly shew , that what he had in those particulars mentioned , was by way of repeating what had been in use under the first covenant ; and not by way of doctrine , what they were to practise then as christians . but i proceed to the seventh argument , which as a. s. saith in brief runs thus ; arg. . some swearing is enjoyned , in the third commandment , every precept prohibitive of vice , being necessarily so to be expounded , as implying the contrary duty ; or else it is impossible to free the decalogue from imperfection . and consequently , thou shalt not take the name of god in vain , implies , thou shalt take the name of god ( that is ) thou shalt swear when there is a just occasion . and therefore christ who came not to destroy the law , did not forbid all swearing . answ. what is impossible with man , is possible with god ; and that christ did fulfil ( not destroy ) the law , is confessed : and having fulfilled the law , the end for which it was for a time given , was accomplished ; which being accomplished according to the will of god , was abolished , abrogated , disannulled , and taken away by christ , as before is fully proved . now , as said the apostle , rom. . , . the woman which is in subjection to her husband , is bound by his law to him as long as he liveth ; but if her husband be dead , she is delivered from his law : so then , if while the man liveth she take another husband , she shall be called an adultress ; but if the man be dead , she is free from the law , so that she is no adultress though she take another husband . wherefore , my brethren , ye also are become dead by the body of christ , that ye should be married to another , even to him who is raised from the dead , that we should bring forth fruit to god. what words more plain to prove , that christians in christ jesus , are freed from the law of the carnal commandment , that they may serve god in newness of the spirit , and not in the oldness of the letter , heb. . . rom. . . and though it be true that christ came not to destroy the law , but to fulfil it ; yet that doth no more prove a. s's conclusion inferred thereupon , viz. therefore christ did not forbid all swearing , because some swearing was commanded in the law ; then it doth , where a man is ingaged by his bond to pay so much money upon such a day ; and the man upon that day doth make payment of the money according to his bond ; that the man in so doing doth destroy his boud , or that it is after obligatory to him , when he hath fulfilled it . for although the people of israel , to whom the law was given by god , could not be freed therefrom until it was fulfilled ; yet notwithstanding when it was fulfilled , it was by the ordination of god to pass away , and the people freed from it , as before is proved . so that when christ jesus had fulfilled the law ( not for himself ) but for them that were under it , he redeemed them that were under the law , and so delivered them from the law , rom. . . gal. . . that they , together with the gentiles , that never were under the law of the first covenant , might receive in christ the adoption of sons . again , that the law was perfect ( although it were denied that any swearing was enjoyn'd in the third commandment ) is witnessed , yea every word of god is perfect ; because in the law was fully contained so much of the will and mind of god , as he was pleased to make known at that time unto his people israel , and as he did require obedience unto , from them ▪ ( secret things belongs unto god , and things revealed to us and our children ) no man being capable of knowing the whole will and mind of god. and yet , what man doth know of the mind of god , by the manifestation of his spirit , is perfect ; because every measure of the will of god , as every word of god , is perfect : and the law of god being perfect , therefore nothing is by man to be added thereto , or taken therefrom . insomuch , as when the israelitish womans son blasphemed the name of god , and cursed ; and there being at that time no positive punishment appointed by god in that case ; he was put in hold , until the lord himself shewed unto moses what punishment was to be inflicted upon him , levit. . , , . so that moses , who was a prophet , did not take upon him to give any extensive interpretation to the law ( which being penal to the transgressors , was not to be supplied by man , by way of implication or intendment ) neither to say of it , that the law before given by god was imperfect , because the whole mind of god was not therein revealed , concerning all things that after might fall out by reason of man's wickedness : neither had the lord , as a. s. would infer , limited himself to what before was written , but that he might and did , as he himself thought good , further add to what before was written , or take away from the same ( and that without any mutability in his will ) although he had forbidden moses so to do . and besides , the name of god was , and may be used with reverence and godly fear , many other wayes than by swearing ; and therefore this argument fails in proof with the other . but to proceed to the eight argument , viz. arg. . that christ never did any thing without reason . but there was no reason why he should absolutely forbid swearing . and therefore he did not so forbid it . answ. that man should require a reason wherefore the lord doth forbid or command him to do , or not to do such a thing : or that god should give unto man a reason for what he doth , iob. . . rom. . . is more than right reason doth require : but that man should obey what god commandeth him without asking a reason wherefore , is reasonable and according to right reason . it being the lord hath made us , and not we our selves . and it being asserted by a. s. that christ never did any thing without reason . and proved , that christ did say unto his disciples , mat. . . swear not at all . therefore it ought to be granted , that christ in forbidding all swearing , did it not without reason : for if christ jesus in that command did not forbid all swearing whatsoever , then it would follow , that men under the gospel might have liberty not only to swear by the creatures ; but also if they should swear by the name of god , and not perform , they should go unpunished ; because where there is no law , there is no transgression . for the law in which an oath in some cases was commanded ; and forswearing , vain and prophane swearing by god and the creatures , forbidden ; being abolished and taken away by christ , as before is proved : unless christ jesus had forbidden all swearing whatsoever , by a command that changeth not , men would have thought themselves at liberty , not only to swear by the true god , and not perform ; but also to swear by the creatures , and that without any sin . and indeed it may justly be feared , that such pleading as hath of late been by some , for the lawfulness of some swearing , and such interpretations of christs words as have been made , thereby to prove some swearing lawful , and that from those words of christ , mat. . , &c. hath encouraged some men in these dayes to such a height of swearing , as they are now come : and therefore christ jesus , the wisdom of god , in giving forth that command as a prohibition of all swearing , did it not without reason : and what is before said , may be a good reason wherefore christ added those words , neither by heaven , &c. after he had said , swear not at all . and so the words following , are neither vain nor impertinent . for under the law they were to swear by the name of the lord , and not by the creatures : and by the law they were required to perform their oaths unto the lord , which they swore by his name , lest they should forswear themselves ; which christ having before repeated in substance , by way of opposition of , and not in compliance with , said , but i say unto you , swear not at all ; neither by heaven , &c. so that the words truly considered , are thus in effect ; but i say unto you , swear not at all by the name of the lord , as heretofore under the law you were commanded ; neither by heaven , &c. according to the erronious doctrine of the scribes and pharisees . for if christ had not intended absolutely to forbid all manner of swearing ; then he by that command , swear not at all , had made the case of swearing more doubtful and questionable than it was before ; which to affirm , were a great injury to christ , the wisdom of god , whom god sent into the world , to give sight to the blind , and to guide their feet into the way of peace . again , christ jesus being the mediator of the new covenant , which perfecteth for ever those that are sanctified , ( which being given upon better promises than the first covenant which made nothing perfect ) was unchangable . it was therefore according to right reason , that the first covenant , with all those things under it , that were changable and so might be shaken ( as being things that were not in the beginning with god , as an oath and swearing was not in the beginning with god , neither originally of him , and therefore might be shaken ) should be abolished and taken out of the way ; to the end , that nothing that was changable , or in which there was a remembrance again of sin , might remain in the new covenant which is unchangable . and so when that which was perfect was come ; then that which was in part was abolished , cor. . . for christ being come , the true and faithful witness , the first and the last , rev. . he restored , or the true witness-bearing was restored in him , to all that believe , which is perfect ; which being so , it was according to right reason , that an oath and swearing , which was but in part , should be done away ; fo● true witness-bearing , though without an oath , never did prejudice to any , as oaths and swearing have done , when the witness born before or after , hath been false , as daily experience doth testifie . and what if some now , as heretofore , believe not the command of christ , shall their unbelief make the faith of god of none effect ? god forbid . for seeing that true saying is asmuch or more than swearing ; and that christ hath said , that for every idle word men shall give an account in the day of iudgment : and that the lyar , as well as the false swearer , shall he shut out of the kingdom of god : therefore every one that feareth the lord ( for thereafter as a man feareth , is gods displeasure ) is as much bound by his word , as by an oath : and there being no more security to the magistrate by an oath , than by true saying , or witness-bearing , neither benefit to our neighbour : therefore , if the same outward punishment were inflicted upon the liar , as false swearer , the difference in a short time would not be great ; because experience doth evidence , that he that makes no conscience of his words , will not matter to swear falsly for conscience sake to god. and it may be believed , that one reason why strife doth so much in these dayes abound amongst men ( notwithstanding that oaths and swearing abound ) is , because that the true witness-bearing , as it was before swearing was , is not received in judicial proceedings for want of an oath and swearing . again , to say that christ did forbid all swearing , because his father would have it so ; is a better reason than any a. s. hath produced to the contrary . but to proceed to a. s. his ninth argument , viz. arg. . that our saviour gave no new moral command : and consequently did not prohibit that swearing , which long before had been commanded by god. answ. the question in dispute is not , whether christ the mediator of the new covenant , did give any new moral command ; but , whether he forbad all swearing to his disciples ? which that he did , his own words , mat. . . swear not at all , do prove . as for the word moral , it is a word of art , invented by the wisdom which is from below , which is not subject to the law of god : for it 's evident , that the penmen of the scriptures , did never make use of that word moral , when they writ and declared the testimony of god. and therefore the apostles caveat in such things is useful , col. . . beware lest any man spoil you through philosophy and vain deceit , after the traditions of man , after the rudiments of the world , and not after christ. for the law of the new covenant in christ jesus is spiritual and eternal ( not moral ) and according to the promise of god , ier. . . heb. . . the commands thereof are by the lord according to his promise , put into the mind , and written in the heart of man ; written not with ink , but with the spirit of the living god ; not in tables of stone , but in fleshy tables of the heart , cor. . . and therefore is called , the law of the spirit of life in christ iesus , rom. . . and the law of faith , rom. . . ( and not moral ) by way of excellency above the law of the letter , as the scriptures do declare , cor. . and christ said unto his disciples , if ye love me , keep my commandments , joh. . . and when he commanded them to go and teach all nations , &c. they were to teach them to observe ( not the law of moses ) but all things whatsoever he had commanded them , mat. . , . and in iob. . . he told them , the comforter , which is the holy ghost , whom the father would send in his name , he should teach them all things , and bring all things to their remembrance , whatsoever he had said unto them . and ioh. . , . christ told them , he had yet many things to say unto them , but they could not then bear them : howbeit , when the spirit of truth is come , he will guide you into all truth , &c. so that christ did not send them to the law called moral ( for to be their guide ) written in tables of stone ; but promised to send the spirit of truth to guide them into all truth , and to shew them things to come . so that although christians do , and are to practise and observe many of those things which were commanded in the law , as being originally of god , of which the law had a shadow , but not the substance , heb. . . yet they do not observe them , because they find them to have been commanded in the law of moses , but as they are commands of christ in the new covenant , written in the heart , and put into the mind by the spirit of the lord , that quickneth and giveth life and power to do thereafter , heb. . , rom. . . for now the righteousness of god without the law is manifested , being witnessed both by the law and the prophets ; even the righteousness of god , which is by the faith of iesus christ , unto all and upon all that believe , rom. . , . but the law is not of faith , neither ever was any oath or swearing of the law of faith , as true witness-bearing was and is : so that by the works of the law which is not of faith , no man is or can be justified ; but by faith without the deeds of the law , a man is justified according to rom. . & . . and now those things which were commanded in the law , which were eternal , as the love of god , &c. was eternal ( not moral ) of which the law engraven in stone had a shadow , although they continue under the gospel ; yet as was said , they are not the works of the law which made nothing perfect ; but the fruits of the spirit , gal. . , . and therefore are perfect ; as love , joy , peace , long-suffering , gentleness , goodness , faith , meekness , temperance ; against such there is no law : but against swearing there is a law , as before is proved . so that which was impossible to the law , in regard of the weakness of the flesh to do , god sending his son for sin , condemned sin in the flesh , that the righteousness of the law might be fulfilled in us , who walk not after the flesh but after the spirit , the law and power of an endless life . for , as before is said , swearing was never any part of the law eternal or of faith , therefore the taking of it away was no addition to , or substraction from the law eternal , or of faith. and although the lord had limitted moses , and in him all others from adding unto , and taking from what was then written in the law ; yet he had not limited himself to what he had then given in command to israel ( not to the gentiles ) and but for a time , until the seed should come , gal. . . and so was temporary . and it being acknowledged by a.s. that oaths are no gospel ordinance ; and before proved that christ did abolish , abrogate , disannul , and take away the law ; yea , that law which a.s. calls moral , in which , ●s he saith , oaths are commanded . therefore a. s. is blame-worthy in asserting swearing as an everlasting statute to be observed by all that obey the lord and his christ ; and in so doing he is found in the steps of those in the apostles dayes , who taught , that it was needful to circumcise such as believed in christ , and to command them to keep the law of moses ; insomuch as the apostles and elders came together to confides of the matter ; and after consideration had , declared , that it seemed good to the holy ghost , and to them , to lay upon them , which from among the gentiles were turned to god , no greater burden than those necessary things , viz. that they should abstain from meats offered to idols , and from blood , from things strangled , and from fornication . but i proceed to a. s. his tenth argument , or reason , as he calls it ; which was , arg . that the high priest charged christ our saviour to swear , and be accordingly answered upon oath ; and that some years after he had said , swear not at all . whence it follows ; that the lawful magistrate may impose oaths , and the people upon whom they are imposed , may and ought by christs example , to answer upon oath , notwithstanding the seeming prohibition , swear not at all . answ. that it was some years after that christ said to his disciples , swear not at all : that the high priest did use that expression , unto christ , i adjure thee , &c. is believed : but that christ jesus ( the true and faithful witness , who came into the world to bear witness of the truth , and to establish the true witness-bearing , as it was before swearing was ) when he said unto the high priest , thou hast said ; did in so saying swear or answer upon oath , is denied : neither hath a.s. proved that christ did swear , otherwise then by his , and other mens conjectures and conceivings : all of which being swearers , are not in this case competent witnesses . and that he saith , that the high priest adjured christ , and christ answering , thou hast said ( without more saying ) did swear by the living god , not expressed indeed by him , but by the high priest. answ. but how doth a. s. know that christ before his answer to the high priest , did not deny swearing or to swear , ( for it s written ioh. . . that there were many things which iesus did , which if they should be written every one , &c. ) and therefore to conclude , because it is not mentioned by the apostle , that christ did not deny to swear , therefore christ did swear : this is to ●esk a surmise to warrant swearing , when christ had before commanded his disciples , not to swear at all . for , if to answer by way of affirming or denying that which is asked by a magistrate , were an oath and swearing , because the magistrate doth require the party to swear , without addition of somewhat more : than surely many have suffered in these late years , as refusers to take an oath and to swear , when they did swear . but my belief is , that the magistrates by whom such have been f●oned and imprisoned , or otherwise censured for refusing to swear or take an oath ; and better know what a legal oath is than a. s. doth in this particular , are of another judgment or opinion than a. s. is ; or else it may be hoped , that none hereafter shall suffer upon that account of refusing to swear , when they are willing to answer , and do answer to such questions as they shall be asked or examined of by the court , or particular magistrate . and therefore a. s.'s conclosion is denied , failing in the proof of his premisses . but to proceed to his eleventh arguments or reason , viz. arg. . that no exposition of this text , or any other , was to be admitted that put an inconsistence betwixt the old testament and the new. but that exposition ; swear not all , that renders it a total prohibition of all swearing , does so ; for it makes it contradict several texts in the old testament . and therefore is not to be admitted . answ. the law of christ is penal to the transgressors of it , heb. . , . & . . and therefore doth not admit of any supply to be made by man , who is and ought to observe the command without exception of persons , and not to frame arguments against it ; and the lord hath forbidden man to add any thing , or diminish from what is written . for the law of god , and of christ , being perfect ; therefore nothing ought to be added to it . therefore to admit of any exposition of the scripture , whereby to make them contradictory one to another , or any text of scripture contradictory in it self , were a great evil : and therefore all commodious interpretations ( as they are called ) of that text , mat. . . but i say unto you , swear not at all ; &c. inducing the lawfulness of swearing in some cases , is denied , as being contradictory to what is written : for if such expositions were received for truths , then would an able oratour with his school-distinctions , and syllogisms , make the same thing seem either likely , or unlikely , according to his fancy . and in the end , do as the scribes and pharisees did , make void the law of god with their traditions and subtil distinctions : but we have not so learned of christ , who are taught of him , the truth as it is in him , unto which nothing is to be added , nor any thing taken therefrom . and where it is said by a.s. that that exposition of that scripture , swear not at all , that renders it a total prohibition of swearing , does put an inconsistency betwixt the old testament and the new. i answer and do say , it doth no more so , than those texts which a.s. and others of his judgment do own , for the change of the seventh-day sabbath , unto the first day of the week ; nor thus the apostle did , cor. . . where he said , circumcision is nothing : and gal. . . if any man be circumcised , christ iesus shall profit him nothing : nor then christ jesus himself did , mat. - , . when he said , it hath been said of old time , thou shalt love thy neighbour , and hate thine enemy : but i say unto you , love your enemies , bless them that curse you . besides several other texts of scriptures that might be mentioned in the new testament to that purpose : so that although there hath been diversities of dispensations , and diversities of administrations and commands , as there are diversities of gifts and operations , yet the same spirit , and the same lord , law-giver , judge , and king ; who at sundry times , and i● divers manners , spoke in the old time to our fathers by the prophets , and hath spoken to us in these last dayes by his son , a● commanded that all should hear him , and honour him , to whom he hath committed all judgment , who saith , swear not at all : ● that , if times and dispensations were rightly discerned and distinguished , the scriptures of the old and new testament do agree , for there is no contrariety in the spirit that gave them forth ; but the contrariety is in that mind that is carnal , and therefore is not subject to the law of christ , according to rom. , . but all who mind the things of the spirit , they do the will of god , and so knows christs doctrine to be his that sent him , when he said , swear not at all . and that there was a time when god was purely worshipped , and truly served , before any oath was ; and that there was a time when israel was commanded to fear the lord , and serve him , and swear by his name ; by which it is evident , that swearing was no essential part of the worship of god in spirit and truth , and therefore was but temporary : and that there was a time when israel was to seek the place which the lord should chase , to put his name there , viz. ierusalem ; and thither they were to come , and bring their burnt offerings , deut. . , , . ioh. . . and there was and is a time , that neither in the mountain , nor yet at ierusalem , they should worship the father , ioh. . . and there was a time , that the condition of the heir should not differ from a servant , &c. and there was an appointed time when he should be lord of all , and receive the adoption of a son , gal. . . to . but the well is deep , and whilst people have or at the least make use of nothing to draw the water with , but what they have and receive from man , by man , and of man , they will receive little refreshment or satisfaction in these things before-mentioned . nevertheless , when they in their hearts shall turn to the lord , the vail shall be done away ; for where the spirit of the lord is , there is light , and it is the light that god hath commanded to shine in mens hearts , for to give unto them the knowledge of the things that are of his spirit , which the natural man understands not , nor can the wisdom which is from below find out . and now i come to a.s. his twelfth argument , or last reason , which was and is ; arg. . the general practise of christendom who could not all be so ignorant as to misunderstand the meaning of these words , swear not at all ; or so wicked as not only rashly but advisedly to act against them . answ. it is written , thou shalt not follow a multitude to do evil . and also , that when king herod heard that the holy child iesus was born , he was troubled and all ierusalem with him ; and gathering together all the chief priests and scribes of the people , he asked of them , where christ should be born ? and they said at bethlem , &c. mat. . , &c. and yet the chief priests and elders of the people , were so wicked , that they assembled together , and consulted how they might take iesus by subtilty and kill him , mat. . , . concerning whom the apostle , acts . . bore witness , that they did what they did unto him ignorantly , because they knew him not ; and therefore exhorted them to repentance . so that it may be possible , that all those in christendom , mentioned by a. s. to own swearing , as men might in this case of swearing be ignorant ( the time of ignorance being winked at ) and therefore this reason given by a.s. to prove that christ did not forbid all swearing , when he had said , swear not at all ; is neither sound nor satisfactory , especially the scriptures following well considered , ioh. . , . & . . mat. . . to which many others might be added : and yet my belief is , that the lord in no age hath left himself without witness concerning the truth and extent of the command of christ aforesaid , although born by babes and poor fishermen , or other persons unlearned in the many languages ; and therefore little esteemed of the world ( though highly esteemed of god ) but by the world hated , and their testimony rejected as erronious : and yet greater was he that was in them , than he that was in the world , and so they had the greater witness : for if the witness of men be great , the witness of god is greater , which every one that believeth hath in himself , ioh. . , . and he that keepeth the commands of christ , he dwelleth in christ and christ in him , according to ioh. . , . and i also believe concerning many of them who have affirmed as their judgment , the lawfulness of some swearing under the gospel , that if they had lived in these our dayes , wherein the lord god out of the riches of his love , and the abundance of his light , which he hath commanded to shine out of darkness ( after the long night of apostacy ) in the hearts of the heirs of his righteousness , for to give unto them the knowledge of his glory , and of the true witness-bearing in the face of jesus christ , as it was before any oath or swearing was ; that they would have come to have seen , and also to have acknowledged ( as many in these dayes ( blessed be the name of the lord for his unspeakable gift ) have done their mistakes in the case of swearing , and by confessing their sins , and acknowledging their mistakes , have given glory to the lord , and conformed their judgments & practises to the command of christ , swear not at all : and with solomon have born their testimony , that in making many books there is no end ; and in reading of them , much wearisomness to the flesh ; and that the end of all , is to learn to fear the lord and keep his commandments , which is the whole duty of man , eccles. . , . and now having born my testimony for the lord concerning oaths and swearing , according to that in my conscience , and the scriptures of truth ; and that not in a way of opposing the son of god against his father , nor the scriptures of the new testament against the old , nor by making any text of scripture contradictory in it self : but in and by such a way as they are established in unity one with another ; neither with a contending or opposing spirit , against any law or ordinance of man , that ought to be submitted unto for the lords sake ; but in the spirit of love and meekness , for the clearing my conscience , before the lord and his people , in yielding a reason wherefore i , and some others may not take any oath or swear at all ; although we should be required thereunto by a lawful magistrate , i have peace ; causing rather in this case to fall into the hands of men , and by submission unto their punishment ( which hitherto , blessed be god , i and some others have found , not according to the rigour of the law , but with some moderation ) thereby testifying my practice to be according to my judgment , against all resistance of the powers which god hath set over me ; and that not for fear of wrath , but for conscience sake to god , who is able not only to destroy my body , but to cast both soul and body into hell fire : assuredly beleeving , that whilest i have a respect unto all the commands of christ jesus , i shall never be ashamed . and if in this matter concerning swearing , any should yet remain otherwise minded , and seem to be contentious about words and forms ; i say , we have no such custome in the churches of christ. for , where glory is given to god on high , there is peace on earth , and good will to all men on earth below ; and all who wait in the light of god , as it shineth in their hearts , 〈◊〉 in due time shall have the same truth revealed unto them , 〈◊〉 which i have herein born my testimony ; and i , and others , 〈…〉 o walk in that whereunto we , through the grace of god are come , that so we may not be ashamed of our testimony for the lord , though born through much suffering . the end . a narrative of the causes and events of civil-war between princes and people together with the manner how the people of rome and of the netherlands rejected and abjured their king and kingly government, with the form of their oaths of abjuration : extracted out of the roman and netherlands history : as likewise some objections now in contest concerning the taking of the like oath in this common-wealth examined and answered, if not for satisfaction at least for information of such as are concerned / by f.m. f. m. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a narrative of the causes and events of civil-war between princes and people together with the manner how the people of rome and of the netherlands rejected and abjured their king and kingly government, with the form of their oaths of abjuration : extracted out of the roman and netherlands history : as likewise some objections now in contest concerning the taking of the like oath in this common-wealth examined and answered, if not for satisfaction at least for information of such as are concerned / by f.m. f. m. p. printed for the authour, london : . reproduction of original in huntington library. eng oaths -- early works to . great britain -- history -- civil war, - . rome (italy) -- history. netherlands -- history. a r (wing m ). civilwar no a narrative of the causes and events of civil-war between princes and people. together with the manner how the people of rome, and of the ne f. m c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion a narrative of the causes and events of civil-war between princes and people . together with ▪ the manner how the people of rome , and of the netherlands ▪ rejected and abjured their king and kingly government ; with the form of their oaths of abjuration , extracted out of the roman and netherlands history . as likewise , some objections now in contest concerning the taking of the like oath in this common-wealth , examined and answered , if not for satisfaction , at least for information of such as are concerned . by f. m. london : printed for the authour , . a narrative of the cavses and events of civil-warre between princes & people . in the alterations that happen sometimes in a state betwixt the prince and a people that is free and priviledged ; there are ordinarily two points which make them to aim at two several ends : the one is , when as the prince seeks to have a full subjection and obedience of the people : and the other , that the people contrariwise require that the prince should maintain them in their freedoms and liberties which he hath promised and sworn solemnely unto them before his reception unto the government ; thereupon quarrels grow , the prince will hold a hard hand , and will by force endeavour to be obeyed according to will and pleasure ; and the people rising against the prince oftentimes ( upon success ) do reject his authority , and seek to embrace and maintain their full liberties . in these first motions there happens sometimes conferences at the instance of neighbours or others in the nation , who may have interest therein to quench this fire of division betwixt the prince and his subjects ; and then if any one of the parties groweth obstinate and will not yield , although he seem to be most in fault , it followeth of necessity that they must come to more violent remedies , that is to say , to arms : the power of the prince is great when he is supported by other princes which joyn with him for the consequence of the example , else it s but small : . but that of the people , which is the body , whereof the prince is the head , stirred up by conscience , especially if the question of religion be touched ; the members ordained for their function doing joyntly their duties ▪ is far greater ; thereupon they wound , they kill , they burn , they ruine , and grow desparate of each side ; but what is the event , god who is an enemy to all tyranny and disobedience judged of their quarrels , weigheth them in his ballance of justice , helping the rightful cause , and either causeth the prince for his rigour , oppression , and tyranny to be punished and chased away , and deprived of his estate and principality ; or the people for their attempt to be punished and brought to reason , which causeth the alteration to cease , and procureth a peace ; whereof there are many examples , both ancient and modern , besides this ensuing narrative of the people of rome and the netherlands . tarquinus superbus being the th and last king of rome , after he had reigned twenty five years was banished from thence , together with the whole kingly government , which had then lasted years before the people could shake off that oppressive yoak of their kings , which they effected in the manner , and for the causes following . sextus tarquinus , son to king tarquin the tyrant , being full of lust and cruelty , came to lucretia's house at colatia , a place not far distant from rome , where he had been before kindly entertained by her husband colatinus , who at that time was absent ; and being after supper brought into the guest-chamber , and when he thought all sure , and that every body was fast asleep , he steppeth with naked sword in hand to lucretia as she lay in a profound sleep ; who starting out of her sleep , heard tarquinus speak in this manner ; i am sextus tarquinus , i have my drawn sword in hand , if thou once speak thou shalt surely die ; and if thou wilt not yield to me , i will kill thee ; and for thy perpetual shame and dishonour , will cut the throat of thy servant , and lay him naked by thee , that so it may be rumoured abroad that thou hast been kill'd in adultery : whereupon by violence and force he had her company ; the next morning lucretia did send for her father and husband , who brought along with them valerius and brutus , to whom ( when they came ) she told that sextus tarquinus was the man , who that night past entertained as a friend , but indeed a very foe in the highest degree , had by force and violence taken from hence his pleasure ; a deadly pleasure i may say to me , and to himself no less , if you be men of courage . all of them gave their ▪ assured word and comforted her , whereupon she said , well , what is his due to have , see you to that ; as for me , i quit and assoil my self from sin , yet i will not be freed from punishment , and after other words uttered , with a knife hid under her cloaths , stab'd her self ; out cryed her husband and father thereat , and while they two were in their plaints and moans , brutus drew forth the knife out of the wound of lucretia , holding it out all embrewed and dropping with bloud ; said , now i swear by this blood , by this most chaste and pure blood , before the villanny wrought by the kings son , and here before the gods i protest whom i call to witnesse , that i will by fire and sword , and with all my might and main , persecute 〈…〉 ree the countrey of tarquinus , the proud and his imperious wife and the whole brood of his children , and suffer neither him no●●ny else for his sake to reig●●● king at rome ; then gave he the knife to ●●●●●tinus lucretius , and valerius who took the same oath , and leaving their lamentations followed brutus as their captain and leader , to put down and overthrow the government of kings , and utterly to root out the race ; the dead corps of lucretia was brought in the market-place , and there shewed to the people , who with wondering at such a sight , and so foul and unworthy a fact , they raised much people together , every man for his part was ready to complain of the wickednesse and violence done by the kings blood ; brutus who rebuked all vain weeping and foolish moaning , moved and perswaded all that were present , that like men of valour , like true-hearted romans , they would take arms against those that demeaned themselves no better , nay worse then ordinary enemies . thereupon all the people armed themselves , and towards rome they went , where in the market place he related to the people then assembled the villany committed upon lucretia ; and moreover he laid abroad the pride of the king himself , the miseries , the infinite toil and pain of the commons buried as it were under ground , with cleansing and casting of ditches , voiding and farming of the sinks ; saying that the men of rome who were the conquerors of all nations about them , were now of warriors become quarriors , hewers of stone , and day-labourers ; thus rehearsing these and other matters , much more grievous and horrible , he so mightily inflamed the multitude , that he caused the king to be deposed and degraded of his royal state and dignity , yea and to decree and enact , that king tarquinus and his wife and children should be banished for ever , which accordingly was effected ; and after all the armies and people had forsaken him , brutus being then appointed consul , and for fear least the magistrates and people might at any time after be won by entreaty , or moved by gifts on the kings part , he caused them to swear , that they would never suffer any to be king at rome , after which the senate was fil'd with such as took the same oath , in lieu of those that were murthered by the kings command , to the full number of three hundred ▪ so jealous were the people afterwards of their liberties , that one of their consuls name being tarquinus , without they could have any other thing to say against him but his name , who they said was dangerous to a free-state , thereupon was perswaded to retire from the city , and brutus by an act and decree of the senate , proposed to the people , that all the race and linage of the tarquin's should be exiled and banished , which was accordingly effected . no man doubted then , but that the tarquins were about to take arms , but seeing that no man feared , the romans had like by fraud and treason at home , to have lost and foregon their freedoms again , and that the reader may know that the very same thing endeavoured at rome to restore the tarquins , is that which hath several times been , and at present is endeavoured in england ; the story is briefly thus ; there were certain youths of the flower of rome , descended of no low degree nor parentage , who in the kings dayes had lived like young princes , more loosely and at pleasure as companions and play-fellows with the young tarquins the kings sons , who seeking to enjoy the same licentious life still in this equality of state , wherein all others then lived , made moan and complained one to another , that the liberty of others turned to their servitude . the king say they , is a man at whose hand one might obtain somewhat as need requireth , were the cause right or were it wrong , where a man might find favour and friendship , as who could be displeased and angry , and also forgive and remit a fault , and knew well how to make difference between a friend and a foe ; as for laws they are deaf and inexorable , more wholesome and commodious to the poor then to the rich and mighty , affording no release or pardon , if one chance to trespasse and transgresse , and a ticklish point it is and perilous for a man amongst so many errors , whereto our frailty is subject , to bear himself onely upon his innocent life ; being thus of their own accord already discontent ( as it may boldly be averred the young nobility and others of the loose people of england are at this time upon the like account ) suddenly unlookt for came ambassadors to rome from king tarquinus , who without mention at all of return , demanded onely their goods again , and while the businesse was in debate in the senate , these ambassadors privately sounded the minds of these young gentle-men , whom they found ready to conspire with them for the return of the king . the ambassadors having obtained the restauration of the kings goods , and ready to depart , had private meetings with those young gentle-men , who for assurance of their fidelity to the king , signed a letter which they delivered to the said ambassadors , all which was detected by a bond-slave , who had overheard them when they delivered the letter , presently giving notice thereof to the consul , who apprehended the said ambassadors , and found the said letter , and thereupon all the conspirators were apprehended ; and to see how much pagans made esteem of their oaths and protestations , brutus then consul , having two of his sons , to wit , titus and tiberius , who were in the conspiracy , himself saw them executed , and being bound at a stake , the people pittied them not so much for being punished , as for deserving by their fact to be punished , that they could find in their hearts , and once let enter into their thoughts , to betray into the hands of tarquinus ( a proud prince , and then a cruel enemy and banished rebel ) their native countrey , lately , and in that very year set free from captivity , and their natural father who set it free . now for the kings goods which were ordered to be restored , were flatly afterwards denied by the senate , who would not confiscate and bring them to the publick treasury , but were given away amongst the commons , to the end they having once touched or seized on the kings goods , as a booty , might for ever after be past all hope of any peace or favour with them . not long afterwards tarquin obliged king perceua with a cruel army to march against rome , & to endeavour the restoring of him to the kingdom , and to shew how much it conduceth to the safety of a commonwealth that the people thereof should engage against the banished kings , and absolutely to abjure and renounce them and their line for ever , and how far such an oath doth engage a people to keep them out , take this short story of king porcena , being with his army at the very walls of rome , and in great hope to take it and restore tarquin ▪ one cajus mucius afterwards surnamed scaevola , together with others of the romans , to the number of . engaged one with another to venture their lives in going to the camp of porcena , and to kill him , rather then suffer their country to be again enslaved . it fell to the lot of this scaevola to go first , and coming into the camp with a scain hid under his garment , he presseth in the thickest throng to stand near the kings tribunal ; it happened , that then and their the souldiers were receiving their pay , and the chancellor or king porcenas principal secretary sate together with the king in like aray ; scaevola fearing to enquire whether of them two were porcena , least he should discover himself , in lieu of porcena he killed the chancellor , and afterwards with his bloody weapon making his way through the fearful multitude , was laid hold on and brought before king porcena sitting then upon his throne , to whom he said , i am a citizen of rome , and cajus mucius is my name , a professed enemy i confesse , and an enemy would i have slain , as ready and willing am i to die my self as i was to kill another , for both to do and suffer valiantly is the part of a noble roman , and it s not i alone that carry this resolution , against thee o king , there is a long train behind of them that seek to win the same praise and honour , make thee ready therefore and arm thy self if thou think good against this danger , and reckon every hour to be in hazard of thy life , and to have alwayes at the very court gates thy enemies sword ; this kind of war we youths of rome denounce openly to thee , no battel , no fight else shalt thou need to fear , with thee alone will we all one by one have to do , and with no other . hereat king porcena incensed with wrath , and for the danger he stood in affrighted withall , commanded in menacing wise , that he should be fryed at a stake , unless he would presently unfold in plain terms what secret and dangerous practices he meant , and threatned under covert circuit of words and intricate circumstances ; lo , said he again , how little they set by this carcase that aspires to great glory and aim at honour , and with that thrust his right hand into the hearth of fire that was made for the sacrifice , and when he endured the roasting thereof , as if he had been senceless and felt no pain , the king well nigh astonished at this wonderful and miraculous sight , started up from his royal seat and chair of state , commanding the young man to be had from the altar ; go thy wayes ( said he ) in peace , thou hast done thy self more mischief then thou hast attempted against my person , i would say god blesse thee , and worthy hast thou been of honour for thy pro●ess , if it were in my service and in the behalf and defence of my own country , and now by the law of war i discharge thee freely and give thee leave to depart without any hurt or abuse offered unto thee . then scaevola as it were to requite his courtesie and desert , said , forasmuch as thou settest so great esteem in valour , and honourest vertue so highly , to the end it may be seen , that thou shalt get at my hands by courtesie that which by cruel threats thou couldct not , these are therefore to let thee understand , that there are . of us noble youths , even the very flower and knighthood of rome , that have conspired and swore thy death , and in this manner to assail thee ; my lot it was to be the first , the rest as is shall fall out will be here very shortly and wait every man his turn and time until they hit right upon thee ; scaevola was no sooner gone back to rome , but suddenly followed after him ambassadours from porceua , offering the romans conditions of peace , which was agreed , and porceuae withdrew his army from rome . but sometimes after sent other ambassadours again to rome to treat about restoring the tarquins to the realm , to whom the romans answered , that the senate would send ambassadours to king porceus himself , who accordingly were dispatched , and delivered the speech following , that the chief of their nobles were sent rather then any dispatch given by word of mouth to his ambassadours at rome , not for that they could have shapen them this short answer , they will no kings have , but to this end that for ever after there should be no suite rend●ed of that matter ; nor in so great mutual benefits and favours passed between them , some discontentment arise on either side while he might be thought to request that which is repugnant and prejudiciall to the liberty of rome , and the romans again ( unless they would be executors of their own wrongs , and seek their own destruction ) to make denyal unto him , whom by their good wills they would not seem to deny any thing of the world . but as to the substance of the matter this was the point , namely that the people of rome were not under the government of kings , but were a free state , and fully setled in this purpose , to set open their gates sooner unto enemies then to kings , and were generally of this mind and resolution , that when the freedom of that city had an end , then should the city come to an end also , to conclude therefore they were to entreat him that if he tendred the weal and safetie of rome , he would permit them to be free still at their own liberty ; king porceus overcome with very modestie and much abased himself , answered thus again , since you are so fully minded and stifly bent ( said he ) neither will i importune you , nor dull your ears with harping still upon this unpleasing string , and do no good , nor bear the tarquins any longer in hand , and deceive them of that hope of ayde , which nothing at all is in my power to perform , let them henceforth seek any other place of exile either for peace or war as they shall think most expedient , that there may be nothing to let and hinder the free course of amity and alliance between me and you . thus tarquinus seeing all hopes of return cut off , removed to tuscalum , and afterwards died at cumes . thus reader thou hast a short narrative of the cause and manner of the banishment of the kings of rome , and what course the romans took to keep them out from ever returning . now followeth that of the netherlands , in freeing themselves from the yoak of philip the king of spain , as it is extracted out of the edict or declaration of the general estates of the netherlands , dated at the hague the th of iuly , . to all those that these presents shall see , read or hear , greeting ; as it is well known unto all men , that a prince and lord of a country is ordained by god to be soveraign & head over his subjects , and to preserve and defend them from all injuries , force and violence , even as a shepherd for the defence of his sheep , and that the subjects are not created by god for the prince to obey him in all he shall command , be it with god or against him , reasonable or unreasonable , nor to serve him as slaves and bond men ; but rather the prince is ordained for his subjects ( without which he cannot be a prince ) to govern them according to law , equity and reason , to take care for them and to love them , even as a father doth his children , or a shepherd his sheep , who putteth both his body and life in danger , to defend and preserve them ; if the prince therefore faileth herein , and instead of preserving his subjects , doth outrage and oppress them , depriveth them of their priviledges and antient customs , commandeth them and would be served of them as of slaves , they are no longer bound to respect him as their soveraign prince and lord , but to esteem of him as of a tyrant ; neither are the subjects ( according unto law and reason ) bound to acknowledge him as their prince , so as without any offence being done with deliberation and authority of the states of the countrey , they may freely abandon him , especially , when as the subjects by humble suite , entreaty and admonitions could never mollifie their princes heart , nor divert him from his enterprise and tyrannous designs , so as they have no other means left them to preserve their antient liberties , their wives , children and posterity , for the which ( according to the law of nature ) they are bound to expose both life and goods , as for the like occasion we have seen it to fall out often in divers countreys , whereof the examples are yet fresh in memory , which ought especially to be of force in these countreys , who have alwayes been and ought to be governed according to the oath taken by their princes , when they receive them , conformable to their priviledge and antient custome , having no power to infringe them ; besides , that most part of the said provinces have alwayes received and admitted their princes and lords upon certain conditions and sworn contracts , which if the prince shall violate , he is by right fallen from the rule and superiority of the countrey , &c. and after they have made a recital of his cruelties , oppressions and tyrannies , they further proceed . that having duly considered all these things , and being prest by extreme necessity , we have by a general resolution and consent , declared , and do declare by these presents , the king of spain ( ipso jure ) to be fallen from the seignory , principality , jurisdiction and inheritance of these countreys ; and that we are resolved never to acknowledge him any more in any matter concerning the prince , jurisdictions or demean of these netherlands , nor to use hereafter , neither yet to suffer any other to use his name as soveraign lord thereof , according to which we declare all officers , private noble men , vassals and other inhabitants of these countreys , of what condition or quality soever , to be from henceforth discharged of the oath which they have made in any manner whatsoever unto the king of spain , as lord of these countries , or of that whereby they may be bound unto him , &c. enjoyning and commanding all judges , officers and all others to whom it shall appertain , that hereafter they forbear to use any more the name , titles , great seal or signet of the king of spain , and have injoynned and commanded , and do injoyn and command , that all the king of spain ▪ seals which are at this present within these vnited provinces , shall be delivered into the sates hands , and that from henceforth the name and armes of the king of spain , shall not be put nor stampt in any coyns of these vnited provinces , but that there shall be such a figure set upon them as shall be appointed , &c. in like sort we injoyn and command the presidents and lords of the councel and all other chancellours , presidents , provincial counsuls , and all presidents & chief masters of accounts & others of all chambers of accounts , being respectively in these countreys , and also all other judges and officers , as holding them discharged of the oath which they have made to the king of spain , according to the tenure of the commissions , that they shall take a new oath in the hands of the states of the provinces where they are , or to their deputies , whereby they shall swear to be faithful to us against the king of spain and his adherents , according to the form set down by us ; which oath accordingly was taken by the publick officers and magistrates of every town and province , and is as followeth : i swear , that hereafter i shall not serve nor yield obedience to philip king of spain , nor acknowledge him for my prince and lord , whom i do renounce by these presents , and do hold my self free from all oaths and bands by the which i might be formerly tyed unto him . whereof finding my self presently freed , i swear anew , and bind my self to the united provinces , and namely , to them of brabandt , guelder , hollandt , zealandt , and their allies , and to the soveraign magistrates that are appointed , to be faithful and loyal unto them , to yield them all obedience , aid and comfort with all my power and means , against the king of spain and his . adherents , and against all the enemies of the countrey , promising as a good subject of the countrey to carry my self faithfully and loyally , with shew of all obedience to my superiors ; so , help me the almighty god . many notwithstanding made great difficulty to abjure the king and to take the new oath , among others a councellour of frieslandt , a man of great judgement and experience , called raa●da , hearing the abjuration propounded in open councel at leuwarden , and the renewing of the oath ( whether it were through a sudden amazement , or for the affection which he bare to the king of spain ) was so troubled , as he fell in a convulsion and died presently . now impartial reader , that you have seen a short and true narrative extracted out of antient and modern history , whereby you may receive satisfaction of the causes wherefore the romans and our neighbours of the netherlands rejected and renounced their kings and kingly office , and how they provided against their ever returning to rule over them ; upon the whole matter it may be queried , whether the parliament and good people of england , after god had so signally and miraculously owned their cause against the late king and family , have not had an equivalent or far greater cause to free these three nations of the yoak of monarchs and monarchy , then the romans or the states of the netherlands had , which any one may easily be convinced of , if he will but take the pains and time to read the history of the reign of the kings of england , scotland , &c. but especially from the coming of that bastard brood to the late tyrant ; what murthers , rapines , oppressions , wars , devastations , cruelties , ravishments and what not have been acted in the three nations , during that time ? i shall onely hint to some few , as first of king john , of whom the history relates , that when he had endeavoured by force of armes and by other barbarous cruelties to impose his yoak of bondage and slavery over his people , whom he forced to take up armes for his own defence , and that after they had obtained several victories against him , whereby he was reduced to great extreams , yet would not grant them peace , till he had made tryal of all manner of cruel wayes to subdue them by force , one whereof was , that rather then grant to the people their liberties and freedoms , he sent to the king of the moors , and made him an offer that if he would send an army in england , he would deliver up his right and title to him . but to come nearer our time , what cruel murtherer and tyrant was richard the third and henry the th ▪ his own queens and many of his nobles could not escape his fury , and that for no other crime but to satisfie his cruelty , lust and pleasure ; so notorious was he , that to this day the proverb remaineth resent of him , that he neither spared man in his fury , nor woman in his lust . queen mary another fury , how many pretious souls she caused to be brought to the stake and burned . king james , so little he esteemed the lives of the people ( although no man of war ) yet ( if by accident ) any one hindred his sport in hunting , or not opened a gate as soon as he commanded , he would curse and swear , and give express command that such a one should be hanged ; and for his son , what wars , desolations and miseries hath he been authour of in the nations , how many thousands killed and ruined , how many millions of treasure exhausted , what plots contrived by him and his queen to subvert law and religion in these nations , his inviting of the german horse in time of peace , and in time of war pawn the jewels of the crown , to bring over whole regiments of papists , to kill , destroy , plunder , ravish and barbarously use the protestant people of this nation ; and moreover of my certain knowledge their sending sir kelom digbys to the pope for assistance , &c. the realty of these unparallel'd actings being seriously corsidered , and all by-ends and self-interest laid aside , and onely that of the publick eyed upon , then it must needs be acknowledged , that besides those enormities , that many lucretias have been ravished by those kings and their interest , and that their wars , devastations and cruelties have far exceeded either those of the tarquin's , or kings of spain at rome or in the netherlands ; in rome the ravishing of one lucretia ( by the kings son ) was the principal occasion of the peoples banishing and abjuring the whole brood of their kings ; and in the netherlands the oppression and cruelty of the king of spain occasioned the states of that countrey to do the like ; weigh but the one and the other together in the ballance of justice and reason , against the cruelties and licentious wills of our kings , and you will be sure to find them light and inconsiderable ; as to what hath been exercised here since the normans subdued england under their heavy and oppressive yoak ; that in reason it must be acknowledged and granted that for the safety of the people , the parliament of england have ( after their so many signal victories , and their ownings of god for the same ) far more and justifiable reasons , to renounce and cause to be renounced , the whole line of the kings and kingship , or other single persons pretending any right or title of chief magistrates over these nations , then either the romans or state of the netherlands had in renouncing and abjuring their king and kingship ; against which oath it may be objected , first , that the oath of abjuration taken by the romans and netherlands could not be advantagious to them as for the keeping out their kings from returning , and that ( say some ) because any wicked man to bring his designs to pass , will make no difficulty nor conscience to swallow any manner of oaths . to which it may be answered , that this short narrative extracted out of the history , is sufficient to remove that objection ; for first , it is not to be doubled , had it not been for the oath taken by the romans against the return of their kings , undoubtedly they had never been kept out . and secondly for the states of the netherlands , it was not onely useful to weed out of their armies and garrisons all the friends of the king of spain , and likewise out of the courts of justice and other places of eminent trust ; and certainly , if the hearing of it read and proposed could have so much power as to kill that great and wise counsellor , how much more dreadful was it to all others of the king of spains faction and party , who several of them upon refusal of the said oath were displaced out of their several imployments ; and besides it is very remarkable , that after it was imposed upon all military officers , there was neither garrisons nor forces betrayed to the king of spain , as formerly before it was daily observed there was ; whereupon the king of spain was forced to make peace with them . and thirdly , it is impossible for the rarest artists of the world to erect any lasting fabrick upon an old foundation , unless first the rubish and old ruine thereof be absolutely removed and cast out , so likewise and comparatively it is impossible of a monarchical government to introduce and establish upon a sure basis a democratical government , without first casting off and renouncing that old ruinous and rubish government of king and kingship , which if it had been effected in the year when these nations were declared a free state , by imposing an oath of that nature upon those persons then eminently intrusted in civil & military places , there is sufficient ground to believe that cromwell nor his adherents would never have attempted to subvert and usurp the government as they did , which hath in a manner almost ruined both the cause and nation ; and for want of taking such an oath , we see what hopes the family of the stuarts and other single persons have had and have still to return , which will never be removed , until ( in imitation of our neighbours the netherlands ) those back-doors be dammed up by taking such an oath ; and moreover doth not at present the royal party dare with boldness assert and maintain , laying wagers to one that the chief in parliament and army will refuse the same , and upon that do openly declare their great hopes , which would be soon over if those worthies would be but sensible thereof , and put no further delayes in a business of so great concernment to the settlement of the nation and commonwealth . the second objection which is found in the mouths of many which are no better then kinglings , but would put it off upon a case of conscience ( viz. ) that in case god who is the omnipotent over all governments of the world , should in his providence seem good to bring back some of the line of the late king to be ruler over these nations , then say they , if we should take such an oath of abjuration or renunciation , we should be found to have resisted the will of god . for answer , god is just and righteous in all his dispensations and providences , and for any person that hath seen and several times returned thanks unto him for his wonderful and miraculous providences in owning a cause so much contended for , by giving so many signal and marvellous victories and deliverances to this parliament and their forces , against the late king & family in several conflicts , and that at such a time when he was very formidable , and his party and armies consisted of most of the nobility and gentry of the three nations , and yet god by making use of a company of men of low estate and condition , and not brought up in the military art , did in such wonderful manner own and prosper them in that war against the king and his son , that at length the father was by his divine providence brought to the block , and the sons endeavours all blasted and brought to nought , i say when men have been eye witnesses of such extraordinary providences , in not onely blasting and disowning kingship in that family , but likewise in the late family of the apostate cromwells who attempted the same , and that by a parliamentary way ; and besides for such as have made war against kingship and against that family , and voted the kingly office uselesse , dangerous and chargeable , making it treason to promote charles stuart or any other to be chief magistrate of england , selling all the support of kingship and all other estate belonging to it ; and seeing also the parliament after several interruptions ( during which time several endeavours were used to bring kingship again ) to be miraculously restored , & to live to see god take vengeance of all those who had been chief actors in endeavouring to inthrall us under the yoke of the cromwells , &c. for such i say again after all this not to be convinced of the lawfulness of renouncing or declaiming that whole line and others pretenders to it , is certainly to doubt of gods constancy and justice , there being as much conscience or reason to plead the same providence against abjuring , renouncing or declaiming the popes supreamacie over these nations , who for during far longer time had dominion and jurisdiction over them , so that upon the whole matter , it cannot be imagined that if the pleasure of god was such as to suffer any of that family or other , to rule over these nations , that it can be to any other end then as a scourge and plague to the nations and to those persons in particular who are so incredulous and timerous , who with many other in the nation may be compared to those of the israelites , who ( after their wonderful deliverances from under the yoke of king pharaoh ) did murmure while they were in the wilderness , desiring to return to their former state and condition of slavery and bondage , by reason they could not enjoy the garlick and onions of egypt , not minding the land of caanan and of plenty , towards which they were going , which is the condition of many murmurers in these nations who cannot or rather will not see nor dive into the freedom and plenty to be had and enjoyed under a democratical or free-state government , which is the thing now aimed and laboured hard for , and which without doubt had long since been obtained and enjoyed , but for the endeavours and desires of so many in the nation to return to their egyptian bondage and slavery . lastly , an expedient is by some learned men , proposed and offered in lieu of taking the oath of abjuration , renuntiation or declamation of the race of the kings , &c. say such a law may be made whereby it shall be declared to be high treason for any person to propose , help or endeavour the bringing any of that family or others to be chief magistrates of england , &c. to which it is answered , that such a law ( without first imposing such an oath ) cannot oblige any person against the return of any of that line , or the introduction of any other single person , and that for these reasons ▪ first , such a law doth not bind the consciences and persons of any as an oath doth , which is voluntary and personally obliging . secondly , because of late there hath been a sufficient experiment of the same in cromwell and others , assuming to themselves the government of these nations , although it was here declared high treason by a known law so to do . thirdly , because such a law ( although never so strict ) may be repealed , which such an oath can never be . fourthly , because if any one of that family or other should attempt by force to overthrow the government of these nations , such a law obliges no man to oppose them , which an oath doth in ●erminis . lastly , because such a law cannot discover who that is in the commonwealth service , that may be an enemy to it , which an oath will soon discover , and out all such kinglings both out of the courts of justice , as likewise out of the army and garrisons . finis . notes, typically marginal, from the original text notes for div a e- vide the first book of titus livius , page , . vide ▪ the second book of titus livius , p. , . vide the same book , page , , . vide , the second book of titus livius page , to . vide , the general history of the netherlands , written by grimeston and cross , and printed in the year . vide , the book , page . to page . certaine irrefragable propositions worthy of serious consideration. by i.h. b. of exon hall, joseph, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc b estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) certaine irrefragable propositions worthy of serious consideration. by i.h. b. of exon hall, joseph, - . [ ], , [ ] p. printed by m[iles] f[lesher] for nath: butter, london : mdcxxxix. [ ] dedication signed: jos: exon, i.e. joseph hall. concerns oaths and covenants. printer's name from stc. reproduction of the original in harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- government -- early works to . oaths -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion certaine irrefragable propositions worthy of serious consideration . by j. h. b. of exon. london , printed by m.f. for nath : butter . mdcxxxix . to my dread soveraign , the kings most excellent maiestie . may it please your ma tie , as one , whose heart ( amongst many thousands ) bleeds with the sad thoughts of the wofull divisions of our deare fellow-subjects ; and unfainedly pitties the mis-guidance of those poore well-meaning soules amongst them , whose credulity hath heedlesly betray'd them into a zealous errour ; i have let fall these few propositions ; which i have presumed to set downe , not as in the way of a challenger ; for , most ( if not all ) of them are such , as be not capable of contradiction , but rather of a faithfull remembrancer to my dear brethren , of those points which they cannot but know , and yeeld : as well supposing , that nothing but meer want of consideration can be guilty of this perillous distraction , in them , who professe to love their king , and the truth . now the good god of heaven open the eyes and hearts of us all , that we may both see , and be sensible of the invaluable blessing of our peace , and the happy freedome of his gospel , which we doe comfortably enjoy under your maiesties sweet and religious government , to the wonder , and envie of all other nations ; and compose the hearts of all your native subjects to meet your maiesties most gracious indulgence , with all humble thankefulnesse . and the same god forbid that any of us should be weary of our happiness : and be drawne to doe any act that may ( before all the world ) poure shame upon our holy profession ; whose chiefe glory it hath alwayes hitherto beene to render us still loyall and obedient , and in this very regard , to triumph over the false religion of our opposites . such shall be ever the prayers of your ma ties most humble , and faithfull subject , and ancientest chaplain , jos : exon . seaven irrefragable propositions concerning oaths and covenants . . no man may sweare , or induce another man to swear unlawfully . . it is no lawfull oath that is not attended with truth , justice , and judgement , jer. . . the first vvhereof requires that the thing svvorn be true : the second , that it be just : the third , that it be not undue , and unmeet meet to be svvorn and undertaken . . a promissory oath vvhich is to the certaine prejudice of another mans right , cannot be attended vvith justice . . no prejudice of another mans right can be so dangerous and sinfull , as that prejudice vvhich is done to the right of publique and soveraign authority . . the right of soveraign authority is highly prejudiced , vvhen private subjects incroach upon it ; and shall , upon suspicion of the disavowed vovved intentions , or actions of their princes , combine , and binde themselves to enact , establish , or alter any matters concerning religion , vvithout ( and therefore much more if against ) the authority of their lawfull soveraign . . a man is bound in conscience to reverse and disclaime that vvhich he vvas induced unlawfully to ingage himselfe by oath to performe . . no oath is , or can be of force , that is made against a lawfull oath formerly taken ; so as he that hath svvorne allegeance to his soveraign , and thereby bound himselfe to maintain the right , povver , and authority of his said soveraign , cannot by any second oath , be tyed to doe ought that may tend to the infringement thereof : and if he have so tyed himselfe , the obligation is , ipso facto , void and frustrate . corollarie . if therefore any sworne subject shall by pretences and persvvasions , be dravvne to binde himselfe by oath or covenant , to determine , establish , or alter any act concerning matter of religion , vvithout , or against the allowance of soveraign authority , the act is unlavvfull and unjust , and the party so ingaged is bound in conscience to reverse and renounce his said act : othervvise ( besides the horrible scandall vvhich hee shall dravv upon religion ) he doth manifestly incur the sinne of the breach of the third and fift commandements . two , as undoubted propositions , concerning church-government . . no man living , no history , can shevv any vvel-allovved and setled nationall church in the vvhole christian world , that hath beene governed othervvise then by bishops , in a meet & moderate imparity , ever since the times of christ and his apostles , untill this present age. . no man living , no record of history can shevv any lay-presbyter that ever vvas in the whole christian church , untill this present age. corollarie . if men would as easily learne as christian wisdome can teach them , to distinguish betwixt callings and persons , betwixt the substance of callings , and the not-necessary appendances of them , betwixt the rules of government , and the errors of execution , these ill-raised quarrels vvould dye alone . da pacem domine , f.e. the cry of the oppressed from under their oppressions, ascending up to him, who will rebuke the oppressor and devourer, and deliver the innocent some of the sufferings of the people of god, called quakers, concerning tythes and oaths, &c. : by the branches which are a new springing forth of the remainder of the bitter root of episcopacy, which yet remaineth unplucked up in the rigid presbytery ... benson, gervase, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the cry of the oppressed from under their oppressions, ascending up to him, who will rebuke the oppressor and devourer, and deliver the innocent some of the sufferings of the people of god, called quakers, concerning tythes and oaths, &c. : by the branches which are a new springing forth of the remainder of the bitter root of episcopacy, which yet remaineth unplucked up in the rigid presbytery ... benson, gervase, d. . fox, george, - . [ ], [i.e. ] p. printed for giles calvert ..., london : . "to the reader" signed: g.b. "the grounds why tyths once commanded, are now denied; as also why oaths once used, are now laid aside" (p. [ ]) signed: ger. benson. with a postscript by george fox, p. - [i.e. ]. reproduction of original in yale university library. eng society of friends -- great britain. tithes -- great britain. oaths -- moral and ethical aspects. a r (wing b ). civilwar no the cry of the oppressed from under their oppressions; ascending up to him, who will rebuke the oppressor and devourer, and deliver the inno benson, gervase c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cry of the oppressed from under their oppressions ascending up to him , who will rebuke the oppressor and devourer , and deliver the innocent . some of the sufferings of the people of god , called quakers , concerning tythes and oaths , &c. by the branches which are a new springing forth of the remainder of the bitter root of episcopacy , which yet remaineth unplucked up in the rigid presbytery . presented to publick view . eccles. . . so i returned , and considered all the oppressions that are done under the sun , and behold the tears of such as were oppressed , and they had no comforter ▪ and on the side of their oppressors there was power , but they had no comforter . eccles. . . if thou seest the oppression of the poor , and violent perverting of judgement and justice in à province , marvel not at the matter , for he that is higher than the highest , regardeth ; and there be higher than they . london , printed for giles calvert at the black-spread-eagle at the west-end of pauls , . to the reader . reader , christ jesus the true prophet saith , beware of false prophets which come to you in sheeps cloathing , but inwardly they are ravening wolves : yee shall know them by their fruits , matth. . . and was ever such fruit brought fo●th in any age ? and in the of matth. he cryes woe to the hypocrites ; and they were such as devour widows hòuses , and for a pretence make long prayer : and was ever such devouring of the houses of widows ? therefore shall they receive greater damnation . and peter in his epistle , chap. . he discribes false teachers to be such as through covetousness , and with feigned words make merchandize of the people ; and was ever such merchandize made of the people ? now these and such like be the fruits of the corrupt tree , and of the false prophets , hypocrites , and false teachers : but the man of god doth flee such things , and doth follow after righteousness , godliness , faith , love , patience , meekness , i tim. . . and they who were ministers of christ , though they had power to eat and drink , i cor. . . the labourer being worthy of his meat : yet saith the apostle we have not used this power ; but suffer all things lest we should hinder the gospel of christ : for better ( saith he ) were it for me to die , than that any man should make my rejoycing vain : what then is my reward ? verily , that when i preach the gospel i may make the gospel of christ without charge , that i abuse not my power in the gospel , vers. . now these be the fruits of the good tree , and of the true ministers of christ , who saith by their fruits ye shall know them . now reader , with a single eye read the late practices , and some of the fruits of several of the most godly ministers ( as they are called ) in the northren parts of this nation : and let that of god in thee , which calls upon thee to do to all men as thou would be done unto , judge of them by their fruits , whose ministers they are : by their fruits ( saith christ ) ye shall know them : the true minister of christ he used not his power , to take what the power did allow him ; but thou shalt finde that many of these men who are called godly ministers , have not only used their power ( as they call it ) the law of the nation ) but abused their power , and in many particulars exceeded the law : the statute which speaks of treble damages , which is their power , which gives three pence for a peny , which is much , which were they but men , they would not exact , or take more than they call theirs : and were they christians , or ministers of christ , they would not seek their own , but every man anothers wealth , cor. . for the ministers of christ did not seek theirs , but them , cor. . . for the children ought not to lay up for the parents , but the parents for the children : but these have made themselves manifest by their actions that they are no fathers , they are so unnatural ; but cursed children as peter speaks of , pet. . . and now see the scriptures fulfilled and witnessed , which saith , call to remembrance the dayes that are passed , how that after ye received the light ye indured a great fight in afflictions , partly while ye were made a gazing stock , both by reproaches and afflictions , and partly white ye became companions of them which were so tossed to and fro , and such took joyfully the sooyling of their goods , knowing in themselves , that in heaven a better and more enduring substance was laid up for them : therefore ye despised ones , in whom , and upon whom the scriptures are fulfilled and fulfilling ; who have received the light wherewith christ jesus , the covenant of light and life , hath you enlightened , and in it believed ; cast not away your confidence , which hath great recompence of reward , for ye have nced of patience , that after ye have done the will of god , ye may receive the promise , i or yet a little while , and he that shall come will come , and will not tarry : now the just lives by faith , but if any man draw back , my soul shall have no pleasure in him , saith the lord , but ye are not of them who draw back unto perdition , but of them that believe to the saving of the soul ; in your unity is your strength , and in your faithfulness doth he rejoyce , who is one with you in his measure . g. b. the grounds why tyths once commanded , are now denied ; as also , why oaths once used , are now laid aside . tyths were a command and ordinance of god , and the first priesthood had a command to take tyths of the people according to the law , heb. . . but the first priesthood being changed , and the second priesthood witnessed , there is made of necessity a change also of the law , vers. . and the law being changed , and the commandment disānulled which the first priesthood had to take tyths , vers. . tyths of necessity must also be taken away . but it is said , that tyths now are not required as of divine right , but upon a civil accompt . to which it is answered , there is no law in this nation publick that doth give tyths , or require the payment of them to any parson , vicar , or minister , as they are called , upon such an accompt as civil . the law saying , tyths are due to god and holy church , hen. . cap. . and where no law is , there is no transgression ; and are not they unreasonable men , that require that which the law ( which is reasonable ) doth not allow ? and if there were such a law , how could that law be wholsom , which should set up that which christ jesus the king of righteousness hath disannulled , or write again , the hand-writing of ordinances which he hath blotted out , and to his crosse nailed ? and yet the servant in his place , and who in the house was faithful was worthy of his wage , which was according to the law , and till the time of resormation . but the son is free-born who the heir is , and abides in the house for ever , whose the inheritance is ; and his gift is free , and all who of his gift are made partakers , who is the son of righteousness , they are free indeed ; for freely they have received , and freely they give ( who so readeth let him understand ) yet subjection to every ordinance of man for the lords sake i have learned . for the earth is the lords , and the fulnesse of it ; and therefore if any in authority do take the earth , or any part of it from me , and give it to another , i resist him not , nor any other whom he shall appoint , for ye must needs be subject , not only for wrath , but also for conscience sake , for so have i learned christ , to submit my self to every ordinance of man for the lords sake whose the earth is ; but to put forth my hand to give that which is the lords ( over which he hath made me a steward , and me commanded with my substance to honor him ) i dare not for conscience sake , give that which is the lords to uphold that which he hath abolished and disannulled , for that were to his dishonour : and yet by reason of oppressions the multitude of them , the oppressed cry , and the lord will hear the cry of the oppressed . for because of swearing the land mourneth , jer. . . yet the servant of the lord swore in truth , in righteousness , and in judgement ; but in the house for ever the servant abideth not , but the son abideth for ever ; who saith , swear not at all , but let your yea be yea , and your nay nay in all your communications , for whatsoever is more than these cometh of evil : these things spoke jesus to his friends to whom all things that he had heard of his father he made known : but the servant knoweth not what his lord doth : the servant swore who abode not in the house for ever ; but the son who abides for ever , who doth the will of god , he testifieth what he hath seen and heard , and no man receiveth his testimony , who saith , swear not at all , but he that is of god , joh. . . and saith the beloved disciple , we have seen , and do testifie that the father sent the son to be the saviour of the world , but the world him hates because he testifies of it ; that the works thereof are evil , joh. . . he that receiveth the sonstestimony is come out of all oaths and strife the occasion of them , to the yea and nay in all his communications , and hath set to his seal that god is true , and every man alyar that denieth the testimony which god hath given of his son , as all do who are out of his doctrine ; but who abide in the doctrine of christ , their yea is yea , and nay nay in all their communications , and they do the will of god , who his commandments keep , and such shall never be ashamed , but freely they testifie to all of what they have seen and heard : and blessed are they that receive his testimony , in whose mouth there is no guile . and as to witness bearing to the truth , and of it before men , it is according to the doctrine of christ , matth. . . that in the mouth of two or three witnesses every word may be established ; and this was practised amongst the holy men of god , and amongst the saints as the scriputures of truth do declare , which were written for our learning . and of these things they are witnesses who have believed in him who is the light of the world , the true light which lighteth every man that cometh into the world : of which light he beareth witness , who is called ger. benson . a brief declaration of some of the oppressions and sufferings of those people the world in scorn calls quakers , in the nothern parts , who daily suffer the spoyling of their goods , and imprisonment of their persons , by reason they cannot for conscience sake pay tythes , and other customary dues ( as they are called ) oblations , obversions , easter-reckonings , mortuaries , and such like popish inventions ; so that they are daily drawn before the judgment seats , and required to answer the unjust demands of their accusers , upon their oathes , thereby endeavouring to ensnare them , who for conscience sake cannot swear at all , their souls being made subject to the commands of christ jesus , who saith , swear not at all , but in all your communication let your yea be yea , and your nay , nay , for whatsoever is more than these , cometh of evil . as likewise the names of several others , in other parts of the nation , who are sued for tythes . in the county of cumberland . graystock parish . richard peacock , for tyth of the value of s. d. had taken from him for richard gilpin priest of graystock , one mare apprized by those that took her away at l. s. d. john slee , for tythes of the value of s. had taken from him for the said gilpin , one brass pot woth s. the same , for tyth of the value of s. had taken from him for the said gilpin , five sheep worth i l. s. d. one of them being another mans . margaret slee widdow , and richard slee her son , for tyth of the value of s. had taken from them for the said priest gilpin , four sheep worth s. agnes buckbarrow , tho buckharrow , and rich. buckbarrow , for tyth of the value of s. had taken from them for the said priest gilpin , one steare worth i l. s. john mark , for tyth of the value of s. had taken from him for the said gilpin , seven pewter platters worth a s. the same , for tyth of the value of i l. s. had taken from him for the said gilpin , one milch cow , worth i l. ios. john todhunter , for tyth of the value of s d. had taken from him for the said gilpin , one brasse potworth s. the same , for tyth of the value of s. had taken from him for the said gilpin , another pot , and two pewter platters , worth s. tho. slee , for tyth of the value of s. had taken from him for the said gilpin , two stone of wool worth s. these were taken away by warrant from the justices , upon the oath of a man that lived five miles from some of them , and that knew not their goods , but swore what he heard reported . jo. bewley , for tyth of the value of s. had taken from him for the said gilpin , three brasse pots , and five pewter platters worth l. s. iohn sowerby , for tyth of the value of b. had taken from him for the said gilpin , one pot worth s. io: udall , for tyth of the value of s. had taken from him for the said gilpin , one brasse pot , and one pan woth s. d. richard peacock , for tyth of the value of l. d. had taken from him for the said priest , one horse worth l. tho. barker , for tyth of the value of s. d. had taken from him for the said priest , one horse worth l. iohn goodhouse , for tyth of the value of s. had taken from him for the said priest , one mare worth l. all these suffered by the said gilpin , who is a chief priest in cumberland , and a tryar of others . caldb●ck parish , richard hutton priest . william stalker , for tyth of the value of s. had taken from him by justices writ , for the use of the said hutton , two cows and two oxen worth l. s. richard williamsox , for tyth of the value of s. d. was imprisoned several months , and had taken from him , for the use of the said hutton , one heifer worth s. richard nicholson , for tyth of the value of s. which they say was due , had taken from him for the said priest , one cow worth s. iohn nicholson , for tyth of the value of s : had taken from him for the use of the said priest , one ox worth . s. d. tho. bewley , for tyth of the value of s : had taken from him for the use of the said priest , a cow worth s. iohn stricket , for tyth of the value of s. had taken from him for the said preist , one cow worth s. mungo ancock , for tyth of the value of s : had taken from him for the use of the said preist , one heiser worth s : d. iohn pattinson , for tyth of the value of s : d. had taken from him for the use of the said priest , one cow worth s. iohn askne , for tyth of the value of s. d. had taken from him for the use of the said priest , one cow worth s. iohn bewley , for tythes of the value of s. had goods taken from him for the use of the said priest worth s. richard banks , for tythes of the value of s : and s. of it in another priests time , had taken from him for the use of the said priest , pans , pots , and pewter platters worth s. thomas mark , for tyth of the value of s : had taken from him by a justices writ from london , for the said hutton , three cows and two oxen , worth near l. george rothery , for tythes claimed by the said priest , was cast into prison at carlile , and there lay for many months . and from several others was brasse , pewter , and other goods taken at under worth , and carried away at their own rating : these goods and chattle were taken and carried away by warrant from two justices , by which the priests servants entred into mens houses and fields , and took goods according to their own pleasure and carried them away , and the said priest caused some to be killed for his own use , and others to be sold , and the rest he kept . all these suffered by one preist . bolton parish , john forward priest . tho : porter , for tyth of the value of s : d : had taken from him for the said preist , or his farmers , one mare worth l : s : d. iohn wilkinson , for tyth of the value of s : had taken from him for the same , one cow worth s. iohn pattinson , for tyth of the value of s : had taken from him for the same , one cow worth ● : or above . iohn vvilkinson , for tythes prized to a s. by the priests tyth gatherers , who prized the like quantity in another mans hand but to s : had taken from him by them l. weight of brasse , and some pewter , and sheaves of big barley , a great part of that he had : with which injustice some of the justices were acquainted , but no relief could be had . uldale parish , henry fallow-field priest . william caipe . for tyth of the value of s : d : which the priest demanded , had taken from him by the constable and the priest servants , by a warrant from the justices , one mare worth more than l. tho : fell , for s : d : demanded by the priest , had taken from him by the said constable , and priests servants , one mare worth s. iohn caipe , for s : demanded by the priest , had taken from him by the said constable and priests servants , four sheep worth s. mathew caipe , for s : demanded by the priest , had taken from him by the same constable and priests servants , one mare worth l. tho : fell , for s : which the priest swore his tythes worth , had taken from him for the said priest , one cow worth more than s. iohn caipe , for tythes had taken from him brasse at the will of the said priest upon his own oath ; and the said priest had sued many more at the law , and here is the fruit of his ministry . iohn fell elder , for tythes of the value of s : had taken from him for the said priest , pounds of wool . tho : fell , for tyth of the value of s : had taken from him for the said priest , l : of pewter . iohn caipe , for tyth of the value of s : d : had taken from him for the said priest corn and sacks worth s. george scot , for tyth of the value of s : had taken from him three sheep . tho : harrison , for tyth of the value of s : d : had taken from him for the use of george tyball priest of skelton , one pair of cart wheels worth s : d. iohn bank , for tyth of the value of s : had taken from him for the said priest , one pot , one pan , five pewter dishes worth s : d. richard ireland of tho : close , for tyth of the value of s : had taken from him for the use of iohn jackson , priest of hutton in the forrest , one caldron , one pot , one beetle , one pan , two pewter dishes , a pewter sawcer , and one salt-seller , worth s : or more . mungo bewley , for tyth of the value of s : had taken from him for the use of lady fletcher ( so called ) one mare worth l . henry loathaise , was sued at the county court , by james steward priest of westward for a tyth pigg , he having a sow which had six piggs , and recovered s : for it , and a and a baliff came into the market and took a sack and one bushel of oates cumberland measure , worth s. james barne , for tythes of the value of s : had taken from him for the use of rowland nichols , priest of aiceton , corn and sacks to the value of s. and upwards . matthew kirkbride , for tyth of the value of d. being a very poor man , had goods taken out of his house worth s. for the use of john pattison priest of kirkbride . peter head of pardsey , for the value of s. had a horse worth l. taken from him . widdow head of pardsey , for tyth of the value of s. had two mares worth l. s. taken from her by a justices writ , for the use of iohn wind. mungo wilson of bugham , for tythes of the value of s. according to the rate of the town , had taken from him by warrant from two justices , one cow worth s. for the use of george fletcher called baronet , or his farmers . rich. whiney , for tythes of the value of s. as aforesaid , had taken from him by the said warrant , one cow worth s. for the use of the said fletcher or his farmers . will. allisin , for tythes of the value of s. as aforesaid , had taken from him for the use of the said persons , one cow worth s. anthony scrugham , for tythes of the value of s. d. as aforesaid , had taken from him , for the use of the said persons , one young colt worth s. james wilson , for tythes of the value of s. as aforesaid , had taken from him for the use of the said persons two oxen and one steare , worth l. s. or more . ellin emmerson , upon having but three geese , had one of them taken from her , for the use of george fletcher , called baronet . alexander stamper , for tyth under the value of s. had taken from him for the use of john salkeld of threapland , two oxen worth l. tho. walker , because he did not set out his tyth , had his whole crop of corn entred upon , and detained by the said salkeld , to the great disabling of him . leo fisher , for want of seven stouks of tyth bigg , had brasse and pewter taken from him , for the use of henry pearson , worth s. though the said pearsons servants , took nine stouks of oates more than their due . john fell , for want of one stouk of bigg , had brasse taken from him worth s. when the stouk of their own account , was but worth d. george rothery , after he had suffered near twelve months imprisonment , because he could not pay tythes , valued at but s. d. had goods taken from him afterwards for the said tythes , worth s iohn iredell , for want of nine stouks of corn , had oates and sacks taken away , for the use of gawen egglesfield priest of plimland worth s. lamphigh parish , comfort starre priest . will. bowman , for tyth of the value of s. had taken from him for the said priest , one cow worth l. s. d. and two pewter dishes more , worth s. d. lorton . tho. head , for tyth of the value of s. had taken from him by bayliffs by a justices writ , for the use of one iohn winder a tyth-monger ; two horses worth l. or l. which they keep , though they had taken the fourth part of the tyth before , and since he hath had taken from him for the said tyth , one cow worth s. wigton . will. pearson , for tyth of the value of s. d. had taken from him for the use of one called lady fletcher , one horse worth l. and for s. had a ketle taken away worth s. john richardson , for s , demanded for her for tyth , had taken away , one cow worth s. and some pewter dishes and yarne . graystock parish . john slee , for tyth of the value of eighteen shillings , had taken away one cow prised at forty shillings . the same , for twelve pence , had taken from him pans , pewter dishes , a small piece of pewter , and some wollen yarn , worth ten shillings . john mark the elder , for tyth of the value of seventeen shillings , had two cowes taken from him , prised at four pounds . john mark younger , for tyth of the value of twenty one shillings four pence , had taken from him one cow , one brass kettle , one pan , one plate , a cann , a pewter dish , and an ax , prised at fifty eight shill. four pence . john soverly , for tyth of the value of four shillings , had one table , and frame , and a chair taken from him worth ten shill. six pence . john todhunter , for tyth of the value of nine shillings eleven pence , had a load of oats and sack taken away , worth twenty shillings . widow buckbarrow and her two sons , for tyth of the value of eighteen shillings nine pence half peny , had taken away one cow , one brass pot , and a pan prised at two pound five shillings . john bewley , for tyth of the value of nineteen shillings six pence , had taken from him one horse worth two pound five shillings . widow slee and richard slee , for tyth of the value of eleven shillings two pence , had taken away two chaldrons , four pewter dishes , two pans , and a sack worth twenty eight shillings . thomas slee , for tyth of the value of seven shillings , had taken f●om him six pewter dishes , eight fleeces of wooll , and a bed coverled worth twenty shill. cuthbert hodgson , for tyth of the value of fourteen shillings , had taken from him one cow worth thirty five shill. john sowerby , for tyth of the value of fourteen shillings , had taken from him a mare well worth four pounds . caldbeck parish . john stricket , for tyth of the value of sixteen shillings , had taken from him one cow , worth fifty shillings . richard wilson , for a rate tyth of the value of one shilling farthing , had goods taken from him worth seven shillings . thomas hasken , for tyth of the valve of two shillings four pence , had goods taken from him worth six shillings eight pence . john hasken , for tyth of the value of twelve shillings seven pence , had goods taken from him worth forty shillings . john peacock , for tyth of the value of twenty two shillings two pence , had goods taken away worth thirty seven shill. george scott , for tyth of the value of fifteen shillings , had goods taken away worth eighteen shillings eight pence . john relfe , for tyth of the value of five shillings three pence , had taken from him as many sheep as were worth thirty shill. william slalker , for tyth of the value of eight shillings three pence , had goods taken from him worth twenty shillings . thomas mark , for tyth of the value of twenty two shillings four pence , had goods taken from him worth fifty four shill. john nicholson , for tyth of the value of twelve shillings eight pence , had goods taken from him worth forty shillings . richard scott , for tyth of the value of four shillings ten pence , had goods taken from him worth seven shillings . widow preslman , for tyth of the value of eight shillings three pence , had goods taken away worth twenty shill. three pence . thomas bewley , for tyth of the value of twenty eight shill. six pence , had goods strained worth three pounds six shill. thomas rickerby , for five pence half peny demanded for smoak passing up his chimny , had goods taken away worth two shill. six pence . other goods were taken from john pattison , richard williamson , and others , but the particulars we know not yet . brigham parish . william richardson , for tyth of the value of thirty shill. four pence , had one horse taken from him worth three pounds ten shill. henry johnson , for tyth of the value of thirteen shillings nine pence , had one horse taken from him worth two pound thirteen shill. four pence . john gill , for tyth of the value of thirteen shill. four pence , had one horse taken from him worth two pounds ten shill. cockermouth parish . richard nuckham , for tyth of the value of three shill. six pence , had a horse taken from him worth two pound thirteen shill. four pence . and also he had taken from him , two brass pots worth fourteen shill. six pence , because he could not for conscience sake contribute to repair the steeple house . deane parish . isabel head widow , for tyth of the value of twelve shill. had taken from her one cow , one heifer , and one stear worth at least five pounds , and for the like tyth this year , she had taken from her two mares worth six poundand above , these were taken by force of justices writs , though upon them no appearance was made , or judgement given . peter head , for tyth of the value of twelve shill. had a cow taken from him , and also a horse by colour of a justices writ , though no appearance or judgment was upon it ; for these and many other great and cruel oppressions , wilfrid lawson sheriff of cumberland ought to be called to accompt . christopher mauser , for tyth of the value of twenty four shill. ten pence , had taken from him for the use of patriciu● curwen , worth five pounds . caldbeck parish for richard hutton priest . thomas mark , for tyth wooll of the value of sevente●n shillings , had a horse taken from him worth fifty four shillings . the same also for other tyth of small value , had two ox●n and three kine taken away by colour of a justices vvrit , without appearance or judgement . john pattison , for tyth of the value of sixteen shillings eleven pence , had taken from him corn worth twenty five shill. six pence . richard scott , for tyth of the value of four shill. four pence , had two pair of shoes taken from him worth seven shill. four pence . john stricket , for tyth of the value of sixteen shill. four pence , had one cow taken from him worth three pound six shill. eight pence . thomas haskey , for tyth of the value of three shill , five pence , had a pair of cart-wheels taken from him worth seven shill. john haskey elder , for tyth of the value of fifteen shill. two pence , had corn & sacks taken from him to forty four shill. ten pence . william stalker elder , for the tyth of the value of fifteen shill. two pence , had corn and sacks taken from him worth twenty four shill. richard wilson , for tyth of the value of thirteen shillings , had a brass pot taken from him worth seven shillings . john nicholson , for tyth of the value of thirteen shill. four pence , had a cow taken from him worth forty shillings . john peacock , for tyth of the value of twenty shill , or thereabouts , had corn and sacks taken from him worth thirty shill. six pence . all these goods in caldbeck parish , were taken by warrant from justice barwis and justice fletcher , for the use of priest hutton . boulton parish . john pattison , for tyth of the value of twenty two shill. had one cow taken from him for the use of priest forward , worth fifty shill . john wilkinson , for tyth of the value of four shill. eight pence , had one cow taken from him for the use of the said priest , worth fifty five shill. penreth parish . taken from thomas midleton , one pewter dish worth three shill. six pence . robert dawson , three pewter dishes worth eight shill. peter tayler , two pewter dishes worth four shill. these were taken by an old priest , who was formerly ejected on pretence of easter reckonings . from robert dawson the clerk also tooke one pewter dish worth sixteen pence . threapland . thomas walker , for tyth of the value of twenty three shillings , had his barn locked up , and all his whole years corn seized upon , except nine bushels of oates which he had got out . and also a mare taken away under colour of a justices writ , though neither appearance nor judgement . richard robinson , for tyth of the value of thirty shillings or thereabouts , had goods and cattel taken from him worth twenty four pounds or thereabouts , by colour of a justices writ , without any due and legal proceeding thereupon . yorkeshire . james gurnel , for the value of five shillings tan pence pretended to be due to john wargent a priest ▪ and christopher wakefield an impropriator for tyths , had goods taken to the value of forty shillings , of which they returned back only two shillings six pence . robert everat , for the value of thirty one shillings , pretended to be due for tyths to robert brown and israel townend , and robert otter , had his horse taken away which was worth three pounds , which they got valued to fifty shillings and returned nothing again . john jayher , for the value of six shillings six pence pretended to be due unto thomas healey priest of haxey for tyths , had taken from him sixteen shillings four pence . alexander harland , for the value of three shillings pretended to be due to stother a priest for tyths , by order of two men in commission to do justice , was to have ten shillings , who granted their warrant to distrain for the same , and for that ten shillings they took away five sheep , and rendred nothing again . william sharp , for the value of sixteen shillings pretended to be due for tyths , and easter reckonings , as they called them , unto william cooper a minister so called , had a mare worth three pound six shillings eight pence taken away and prised to two pound thirteen shillings four pence , which being done , the said william sharp said he wanted sixteen shillings of his due , although the said cooper never answered him in the law . matthewr maire , for the value of fourteen shillings pretended to be due for tyths unto samuel pibard priest of owthorn , had goods taken away to the value of five pounds which they rated ●o fifty shillings , of which sum the bayliff said fifteen shillings remained , but was not received by the said matth. w. thomas agar , for the value of one shilling , one peny , pretended to be due for tyths unto william catlin priest of crambe and bart●n , had a mare taken worth four pound which they prised to three pound ten shillings , and took seventeen shillings for the said one shilling one peny . william thorpe , for the value of one shilling one peny pretended to be due for tyths unto the above said william catlin , had two cows taken which they prised to two pound out of which they took fifteen shall . six pence . robert bell , for the value of seven pence half peny , pretended to be due for tyths to the said catlin , had one cow taken , which they prised to twenty shillings , out of which they took sixteen shill. george matthew , for the value of two shillings , pretended to be due for tyths to the said catlin , had a horse taken which they prised to forty shillings , out of which they took nineteen shill. which was done by warrant from two men in commission to do justice . edward guy , for the value of two shillings nine pence , pretended to be due for tyths , and easter reckonings , as they are called , unto robert lowther priest of bentham , formerly called a malignant , had his goods taken to the value of thirteen shillings eight pence , and they said they must have more . richard guy , for the value of five shillings four pence , pretended to be due to alexander fetherston a priest , and for eight pence pretended to be due to william bells , clerk to the abovesaid robert lowther , he had a cow taken worth twenty seven shillings , and had nothing returned back . george bland , for the value of two pence claimed for tyths by the abovesaid robert lowther , had his goods taken to the value of sixteen shillings , and nothing was returned back : and for eight pence claimed by the foresaid william bells , he had also goods taken valued to fifteen shill. and nothing returned back . richard wickington , for the value of thirty four shillings eight pence , pretended to be due unto john norton a priest for tyths , had one horse , one mare , and two oxen worth eleven pounds taken and by them prised to six pound . john wilson , for the value of three pound ten shillings , pretended to be due for tyths to john silburn an impropriator , who valued the same by his son to four pounds four shillings , procured a vvarrant from two men in commission to do justice , for five pound six shillings , for which they took goods worth eight pounds fifteen shillings , which they valued to five pound ten shillings , and sold them for seven pound seventeen shillings eight pence , and returned nothing again . walter hall , for the value of thirty three shillings , pretended to be due to the said john silburn for tyths , which his son valued to be worth two pound thirteen shillings four pence , procured a vvarrant from two men in commission to do justice , for the sum of two pounds nineteen shillings four pence , for which they took goods valued by two indifferent men to seven pounds , and nothing returned . alexander harland , for the value of three pounds ten shillings , pretended to be due to john beamond priest for tyths , with two men more , was worth five pounds , whereupon two men in commission to do justice , gave order to pay six pound sixteen shillings , for which they di●trained two oxen , and one horse worth eight pound ten shillings , which they valued to six pounds . mich. simpson , a farmer of forty two pound in the year , was sued by charles kaine a priest , for tythes which happened of the said farm , which by his witnesses he proved to mount to the value of eighteen pound for one year , before judge parker at the assizes at york , which said judge gave judgment for trible damages against him , which comes to fifty four pound . william pearson , was sued by alexander metcalf , called parson of setterrington , for tyth which was worth about ten pounds , for which judge nudigate gave judgment for thirty three pound six shillings eight pence , of which nothing was abated . christopher hutton , for the value of four pound twelve shillings six pence , pretended to be due for tythes and charges to john pennil , priest of overhemsley , had two oxen distrained by warrant from two men in commission to do justice , which were worth seven pound , but by them valued at five pounds , of which they returned nothing back . jeff , nicholson , for the value of thirty four shillings pretended to be due for tythes unto lancelot hasel , titled minister of bulmer , had three fat kine driven away by colour of a warrant from two men in commission to do justice , worth eight pounds , which they valued to five pound ten shillings , and so sold them and never returned one penny . richard simpson , for one peny which william catline priest of crambe , proved due to him for tyth , distrained one cow worth forty shillings , which they valued to twenty shillings out of which they took fifteen shillings . john gothericke , for two pence which the said william catline , proved due to him for tyth , distrained one cow , worth thirty shillings , which they valued at twenty shillings , out of which they took fifteen shillings . john pickering , having four calven for which he offered the said will . catline what had been usually paid for such a number , which the said catline refused to take , demanding of him a tyth calfat four , which the said john pickering refusing to give him , the said catline summoned him before two men in commission to do justice , who notwithstanding ordered the said pickering to pay one shilling eleven pence which he proved due to him , and three shillings for charges . james cookson , for the value of seven shillings nine pence , which james williamson minister of crake proved before two men in commission to do justice , due to him for tythes , had a cow taken away worth two pound , which they prised to twenty six shillings eight pence , and restored nothing again . vvill . peart , for the value of twenty six shillings eight pence , which the said vvilliamson proved before two men in commission to do justice to be due to him for tyth , had two heifers worth three pound taken from him , and nothing restored to him again . volentine johnson , for the value of five shillings eight pence , which the said vvilliamson proved before two men in commission to do justice to be due to him for tyth , had a cow driven away worth two pound , which they prised to thirty shillings , and nothing did they render to the owner . josias cookson , for the value of twelve shillings nine pence , which the above named iames vvilliamson proved before two men in commission to do justice ; to be due to him for tyth , he had one heifer taken away worth forty shillings , and nothing rendred again . tho. scot . for the value of eleven shillings six pence pretended to be due unto leonard esh , an impropriator called , had goods taken from him worth six pounds , which they 〈◊〉 to five pound , and restored nothing to the owner again . thomas johnson , for the value of thirty four shillings pretended to be due unto james 〈◊〉 aforesaid , called minister of 〈◊〉 for tyth had a horse taken from him , for which he paid fifty two shillings before his 〈◊〉 was 〈◊〉 john walker , for the value of eighteen shillings four pence pretended to be due unto the above named williamson , for tyths , by order of two men in commission to do justice was ordered to pay twenty five shillings , which accordingly was paid to the said james vvilliamson . thomas thurham , for the value of sixteen shillings pretended to be due unto the above named vvilliamson , was ordered by two men in place to do justice , to pay unto the said williamson the sum of twenty three shillings , which was paid for him . thomas aldam , by the means of thomas rooksby priest of warmsworth , and thomas vincent of the same , was cast into prison at york the day of the d month called may , , and there kept for about two years , and six months , in which time both the said parties sued him at the law , for not setting forth his tyths , he then being in prison . and at the assizes at york , the said thomas rooksby procured a judgement from richard nudigate ( called a iudge ) against him for sixteen pounds ten shillings for the tyth of eleven acres of wheat , rye , and barley ; ten acres of pease and oates , and twelve acres of medow in one year , the ground being worth but about five shillings the acre rent in one year , and the said thomas vincent likewise procured another iudgement from the said richard nudigate ( called a iudge ) against the said thomas aldam at the same assizes for the tyth of fourteen acrees of wheat , rye , and barley , and twelve acres of pease and oates for one year , the sum of eighteen pounds six shillings , the land being but worth five shillings an acre yearly rent ; and the bayliff ( called henry worrel ) levied the same upon the goods of the said thomas aldam , and took four oxen , seven kine , one stear , and one heifer , which they prised and valued to thirty pounds ten shillings , and sold by the bayliff that distrained them , which goods were since valued by neighbours to be worth thirty six pounds , and the said bayliff after distrained one mare , and one horse of the said thomas aldams , which were prised to five pounds ten shillings , and for that sum sold to thomas broughton one of the apprisers , who made merchandize with the spoyler for gain , and so the spoyle of thomas aldams goods is about his house ; the mare and horse cost thomas aldam about eleven pounds , which they valued and sold for five pounds ten pence . richard tomliason , for the value of eighteen pence or thereabouts for tyth hay , had one mare taken from him worth five pounds . sedbergh , and thereabouts . thomas blaikling , for tythes of the value of twenty shillings three pence , had a horse taken from him worth three pound ten shill. edward atkinson , for tythes of the value of nine shilling three pence , had a mare taken from him worth about four pound . richard speight , for tythes of the value of five shillings eleven pence , had a cow taken from him worth three pound . anthony vvillan , for tythes of the value of fifteen shillings , had a horse taken away worth above three pound . thomas vvillan , for tythes of the value of ten shillings three pence , had a mare taken from him worth four pound . george mason , for tythes of the value of five shillings , had a horse taken from him worth four mark . thomas banks , for tythes of the value of nineteen shill. six pence , had a horse taken from him worth above four pound . all the obove named parriculars , were taken for the use of richard atkinson , iames burton , and iames tompson , within the called parish of sedbergh . craike parish , iosias cookson , for tythes of the value of seven pence half peny , had judgment given against him by two justices to pay ten shillings costs , and the value of the said tythes . iames cookson , for tythes of the value of ten pence , had judgement given against him by two justices to pay ten shill. costs , and the value of the tythes . iohn vvalker , for tythes of the value of twelve pence , had the like judgement given against him to pay ten shillings costs , beside the value of the tythes . thomas iohnson , for tythes of the value of four shillings eight pence haf peny , had the like judgement given against him to pay ten shillings costs , besides the value of the tythes . these were decreed to be payd to iames williams●n , priest of craike ; but what goods he hath distrained for the same , was not known when this was given in . westmerland . edmond w●i●wel , for the value of six pence claimed by priest greenwood of hutton chappel , to be due to him for one year and a half , had a horse taken from him , worth two pound eighteen shillings four pence . iohn sutton , for tyth of the value of twenty one shill ▪ claimed by iohn winter priest of clifton , so valued by the priests servant , was ordered by two justices , to have three pound seven shill. d . levyed of his goods by distress , and six shill. eight pence for costs , and had two mares taken away worth six pound thirteen shill four pence . john wilkinson , for tyth of the value of thirty shillings , given in by oath of one witness ; and john wilkinson his son , for tyth of the value of thirty shill. without other oath than the priests owa , had kine taken away from john the son worth twenty pound , for the use of iohn vaux , priest of great musgrave . john wilkinson , for tyth of the value of thirty shillings , so est●mated by the justices without other proof , was ordered to have two pound fire shill. eight pence levyed of his goods , for the use of the foresaid priest vaux , and a cow was taken away for it worth five pound , though a son of the said iohns tendered the money . iohn fallowfield , for tyth of the value of fifteen shillings , as the priests own witnesses estimated , had taken from him , for the use of peirce burton , priest of morland , by warrant from the justices , one of them the priests brother , one mare and a foal worth five pound , and the priest sent one to offer back eleven shill. eight pence , as the fellow that came said . henry lycock , for tyth of the value of two shillings , as was claimed , had taken away for the use of the said priest burton , one caldron worth eighteen shill. iohn tompson , for tyth of the value of sixteen shillings , so estimated by the servants of him that demanded it , had taken from him a horse worth fifty shillings , for the use of christopher lister , and the man that took the horse , sent word to iohn tompson , if he would not come and lose the horse , he might come and fetch more . william hebson , for tyth to the value of three pound nine shillings four pence , had taken goods to the value of seven pound , for the use of nicholas mawson . more taken from him for repairing the steeple-house , two shillings , his rate by sesse being six pence . william halme , for tyth to the value of twenty three shil. had goods taken to the value of forty four shill. more taken for six pence sesse , for repair of the steeple-house , to the value of two shillings four pence . thomas alexander , for tyth to the value of twenty pence , had goods taken to the value of five shillings . more , for three pence seffe for repair of the steeple-house , to the value of two shillings six pence . iohn smith , for tyth to the value of four shill. six pence , had goods taken to the value of eight shill. tho. wharton , for six pence sesse for repair of the steeple-house , had taken to the value of two shill. henry lycock , for tyth to the value of twenty six shill. had goods taken to the value of three pound . more , for tyth to the value of two shillings , had a kettle taken to the value of twenty shill. richard smith , for tyth to the value of five shillings six pence , had goods taken to the value of seventeen shill. iohn wilkinson , for nine shillings three pence , had goods taken to the value of twenty two shill. alice vvilson , for eight shillings , had goods taken to the value of sixteen shill. edmond vvhitewel , for four shill. six pence , had goods taken to the value of nine shill. annas tarne , for ten shillings , had goods taken to the value of twenty four shill. musgrave parish . iohn vvilliamson , for tyth estimated at thirteen shillings , had one cow taken away worth five pound , for the use of the priests farmer . iohn vvilliamsons son , for tyth of the value of thirty shill. proved by one witness to be due from his father , and other thirty shillings by the paiests own oath , had four cows taken away worth twenty pound , and nothing offered to be returned , and the cows driven away where the owner could never see them again . these were taken for the use of the said priest musgrave . laneasbire . robert vvidder , tho. leaper , robert stons ; these three being inhabitauts of the county of lancaster , were sued and run to an outlary in vvestmerland , having no knowledge of it till upon the outlary they were apprehended , and carried to lancaster goale , where they have remained above sixteen months ; the suit was brought in the name of ralph ashton stiled baronet , and thomas vvitherington stiled knight , for refusing to pay tythes to iames schoolcrof priest of caton . richard mires , because for conscience sake he could not pay tythes to tho. shaw priest of aldingham , was imprisoned in the goale of lancaster , and there remained many months . richard ashburner , for tythes of the value of twenty three shillings four pence , as the priest pretended , had a horse taken away worth four pound ; and for tythes of the value of twenty shillings , as he pretended , had taken away a cow worth fifty eight shillings four pence , for the use of tho. shaw priest of aldingham : and ten dayes afterwards , the said priest brought a writ against the said ashburner , and laid him in the goale at lancaster , where he has remained many months . john lawson , and several others , were sued by the priest of lancaster , and had their goods taken away and trible damages given to the priest . william greenbanck , for tyth to the value of six pound , or thereabouts , which by one james baleman and james whitehead , was sworne to above eleven pound , had goods taken from him for the use of thomas whitehead , called minister or parson of halton in lancashire , to the value of twenty two pound and upward . janet dickenson , a poor woman who hath nothing to live upon but her hand labour , who have farmed about one rood of ground , the tyth whereof was valued to eight pence , for which the said tho. whitehead sued her in the exchequer at westminster , to answer which suit she travelled near two hundred miles ; in which court he declared against her for tyth of twenty seven acres of corn and meadow . alice weodhead of clown in darby shire , for tyth to the value of twenty one shillings , had goods taken to the value of five pound . durham . iohn richmond , had cattle worth forty pound or thereabouts , taken from him by colour of a warrant from commissioners sitting at newcastle , as was pretended but never shewed to him , for the use of one vvildbore , who was long since cast out of the vicarage at heighington for scandal and insufficiency , by commissioners sitting at newcastle , which cattle were driven to durham , and there sold for twenty pound , and not one peny offered back , when the sum they demanded was but a small part of it ; and though the said iohn richmond ( knowing the said commissioners had no power to give any judgement for tythes to the said priest ) went to the sheriff george lilburn for a replevit , the said lilburn refused to grant it ; and thus they joyn hand in hand to make their oppressions remediless , yea even for those themselves call scandalous . vvilliam richmond , and thomas richmond , by the same illegal warrant , had cattle of a great value driven away for the use of the said ejected priest , though they were never served with the warrant . yorkeshire . thomas aldam , prosecuted in the common pleas for tythes by thomas rooksbie , a called minister of vvarmsworth , who lately had the spoyl of his goods . iames tennant , nichol . row , iohn metcalfe , prosecuted in the chancery for tythes . henry bayley , anthony wilson , sued in the exchequer for tyth . richard robinson , alexander hebblethwaite , iames corney , now prisoners in the fleet , because for conscience sake they could not swear about tyths , ionas smith , john somerson , now prisoners concerning tythes . thomas aldam , william ratliffe , anthony wilberfosse , william sikes , thomas scot , william simpson , michael simpson , gervase benson , edward atkinson , have been prisoners concerning tythes . lancashire . william greenbanck , ianet dickenson , thomas comin , thomas atkinson , iames taylor , richard rooper , richard britton , alexander rigg , iohn burrow , lawrence newton , george garnet , william pull , richard weaver , iohn wayman , william wayman . edward comin , gregory cockerham , sued in the exchequer for tythes . robert widder , thomas leaper , robert stout , richard ashburner , robert walker , richard mires , thomas hill , have been imprisoned concerning tythes . cumberland . iohn dixon , iohn fearon , iohn gill , matthew robinson , iames wilson , william richardson , sued in the upper bench for tythes . george rothery , richard williamson , have been prisoners concerning tythes . westmerland . william cartnel , richard sill , sued in the exchequer for tythes . iohn foothergit , william hebson , thomas atkinson , edward robinson , henry ward , thomae robertson , thomas wright , have been prisoners concerning tythes . durham . martin richmond , john richmond , john greenwel , will ▪ foster , sued in the exchequer for tythes . john richmond , nichollas pickering , have been prisoners concerning tythes . nottinghamshire . william cleater , now in prison in the fleet , because for conscience sake he cannot swear about tyth . robert mawlam , sued in the exchequer for tythes . glocestershire . walter clement , reynold williams , william watkins , walter summers , thomas hill , william wooley , thomas dooding , elizabeth dorney widow , mawrice smith , john taylor , william coxe , sued in the exchequer for tythes . buckinghamshire . richark marks , walter mabley , richard hunt , thomas harvey , sued in the exchequer for tyth . suffolk . george sherwin , william wawn , john smith , john simpson , sued in the exchequer for tyth . bedfordshire . james taylor , sued in the exchequer for tyth , hertfordshire . john blindell , sued in the exchequer for tyth . summersetshire . thomas darley , sued in the exchequer for tyth . wiltshire . david hale , john ioy , and charles barret , sued in the exchequer for tyth . oxfordshire . richard church , imprisoned for tyth . middlesex . richard davies , sued in the exchequer for tyth . robert dring , hath been imprisoned for tyth . iohn askew , is sued in chancery for tyth . kent . samuel fisher , abiezar boykin , sued in the exchequer for tyth . sussex . richard prat , sued in the exchequer for tyth . leicestershire . edward moggleson the elder , edward moggleson the younger , sued in the exchequer for tyth . norsolk . robert iacob , sued in the exchequer for tyth . these with divers others , ( whose names may hereafter be published , with the names of those by whom they are unjustly vexed , if they go on in their persecution of the innocent ; ) are sufferers for tyth as is aforesaid . clerks wages and repair of steeple-houses . ri●hard peacock , had taken from him one wooden vessel worth eighteen pence , because he could not pay twelve pence , which priest gilpins clerk demanded for wages , though he hired him not . thomas barker , had taken from him one pan worth one shilling , because he could not pay six pence , which the said priests clerk demanded for his wages . iohn mark , had taken from him one pan worth twelve pence , because he could not pay six pence , which the said clerk demanded , &c. iohn dixon , had taken from him five power dishes and one brass pot worth sixteen shillings , or more , because he could not for conscience sake pay ten shillings , which was demanded of him for repairs of a steeple-house . iames wilson , had taken from him three pewter platters worth seven shillings . mungo wilson , had taken from him one platter , worth five shillings . richard whiney , had taken from him two platters worth three shill. anthouy scrugham , had taken from him one pot worth two shillings three pence ; because for conscience sake they could not pay money towards repair of the steeple-house at brigham . william iackson , had taken from him six pewter platters , and one pewter cup worth nine shillings , because he could not pay money towards repair of a steeplehouse at lonswater . thomas flatcher , had taken from him one pewter platter worth twelve pence , because he could not pay four pence to the clerk of lowswater steeple-house . iohn tyson , had taken from him one pewter platter worth nine pence , because he could not pay four pence , which the said clerk demanded . william fletcher , for the like , had one pewter cup taken away from him . ioha pattisen , had taken from him by the clerk of boulton , one pan worth five shillings six pence . concerning swearing . richard peacock , because for conscience sake he could not swear , was fined at the county court by the sheriffs officers twenty shillings , for which the bayliffe took from him one mare worth thirty shillings , though he appeared at the court , and was ready to do any service he could . michael nicholson , because he could not swear , was fined , at the earle of northumberlands court , ( so called ) ten shillings , for which the bay list took away one sack , two sheets , two pans , and two pewter dishes worth seventeen shill. william pearson , because he could not swear being fined ten shillings at the county court , had taken from him by the bayliffs one cow worth about forty shill. the same william pearson , because he could not swear , was fined at the earle of northumberlands court , ( so called ) and the bayliffs took from him one mare and foal worth three pound . matthew kirkbride , because he could not swear , was fined at the sheriffs county court , for which the bayliffs took away the very bedding wherein himself and wife lay , she being big with child and near to be delivered , and some sacks , yarn , and corn , which they had provided for her maintenance , worth about thirty seven shillings , and left them not wherewith to cover themselves in the midst of winter , and sir wilfrid lawson ; ( so called ) the sheriff , being acquainted with it , and asked whether he would own such things to be done , and to his use , he answered yes , and that he should not expect to be remedied at his hands ; oh hard hearted and inhumane cruely ! iohn peacock , because he could not swear , was fined at the county court , the sheriff being present , twenty shill. for which the bayliffs took away one mare worth thirty shillings . iohn stenton , because he could not swear , was fined ten shillings , at the called earle of northumberlands court , at mashdale , by iames pearson steward , for which the bayliff took away two tanned hides , and half a bend , worth to be sold twenty six shill. hugh tickel , because he could not swear , was fined ten shillings at ullock court , for which one kettle was taken from him worth fourteen shill. thomas piele , because he could not swear , was fined at cockermouth court six shillings right pence , for which a brass pot , one pan , and a wooden vessel worth ten shillings , were taken from him . christopher wandsor , because he could not swear , was fined at wurkington court , twenty shillings , for the use of patri●ius carwen called baronet , for which his bayliffs took away one horse worth three pound ten shill. william stamper , because he could not swear at the sheriffs county court , was fined twenty shillings , for which one mare was taken away for the use of the said sheriff , worth three pound ten shillings . leonard scott , because he could not swear , was fined at the sheriffs court , and after he was dead , the bayliffs took away pewter , brasse , and iron for it , though all his goods fell much short of paying his debts , which his eldest son had undertaken to discharge . the aforesaid wilfrid lawson high sheriff , charged his bayliffs to return the names of those people called quakers , for jurers who were to answer at his court at i●ell , which they did , and there they fined some ten shillings , some twenty shillings , some forty shillings , and some other greater sums , as in particular , mungo scott three pound thirteen shillings four pence ; and some of the landlords threaten them with the forfeiture of their lands , which they hold of them by copy or customary tennant right , because they say they deny to do their suit and service ; and all this is because for conscience sake they cannot swear , and trangresse the plain command of christ , though any service for the good of the country they are willing to perform , and will be faithful without an oath ; and for the keeping of their consciences clear , though in the outward they be for the most part poor , yet with joy they can suffer the spoyling of their goods , and give their backs to the smiter . john fell , because he could not swear , was fined at io. dalstons court at vidale , and had an ewe and lamb taken away for it worth five shillings , tho. fell , because he could not swear , was fined at the said court , & had an ewe and lamb taken away for it worth s . d . io. caipe , because he could not swear , was fined at the said court , and had a sheep taken worth four shillings tho. fletcher , because he could not swear , was fined at wilfrid lawsons mannor court ( who is now the high sheriffe ) forty shillings , and for it had thirty one shillings four pence taken away . the same the next court after was fined for not swearing six shillings eight pence . he also the next court following was fined twenty shillings for not swearing : for these two later fines the said lawson caused his bailiffe to take away a great kettle ▪ and a web of white kerfie worth thirty six shillings . iohn dixon , because he could not swear , was fined at the said lawsons court , and another time for not appearing when he was in prison for the testimony of a good conscience , was also fined , and for which he had taken away one brass pot , and two pewter dishes worth sixteen shillings . durham . geo. burdon of easington , because he could not swear , was fined by the sheriff , and had thirteen shillings taken from him . and divers others for the same thing were fined in like maner . yorkeshire . richard robinson , alexander hebblethwait , iames corney , because they could not for conscience sake swear and give in their answers to the bill of complaint of richard atkinson of garsdale , iames burton of dent , and iames tompson being for tythes , were committed prisoners to the fleet by robert nicholas , and others the called barons of the exchequer , where they yet remain in prison . nottinghamshire . william cleater is now prisoner in the fleet upon the same account ▪ at the suit of one dove williamson , a called minister ; which said williamson had one of his leggs shot with a canon bullet , he being in one of the late kings garrisons . g. b. his queries concerning tythes , &c. . when there was no king in israel every one did that which was right in his own eyes , iudg. . was it so yea or nay ? . when there was a king in england , did he well in suffering divers of his subjects to be imprisoned without any cause shewed : and when for their deliverance they ▪ were brought before his justices , there to undergoe and receive according to the laws of the land , no breach of any law being proved against them , and yet they returned back to severall prisons without being charged with any thing to which they might make answer according to the law : and were they the kings friends that advised so to doe , yea or nay ? . whether did the parliament well to lay before him in the third year of his reign in the petition of right , that , and other things imposed upon his subjects , contrary to the lawes and their just liberties , as a grievance , and to desire from him , that all his officers and ministers should serve him according to his laws & statutes of his realm as they tendered his honour , and the prosperity of his kingdome : and did the king well when he said , let right be done as is desired , yea or nay ? . whether the statutes of england be a part of the law of england ? and whether is the law of england a rule in it self both for magistrates and people to walke by , yea or nay ? . whether the law of england be the higher power , or the judges and lawyers opinions , which may be gained for money ? and whether are the justices the masters of the law or the ministers of the law ? . whether he is subject to the higher power who lives and walks according to what the law requires ; or he that follows the opinions and inventions of men , when in plainnesse the law requireth one thing , and their opinions and inventions are another thing ? . whether is he a faithfull minister of the law , and fit to judge of mens lives , libertie , and estates , who writes one thing , and mean and does another , who takes an oath to judge according to the law , and yet quite contrary to the law commands mens persons to be imprisoned , and their goods to be taken from them ? . whether do the justices act according to the●r commissions or patents , who passe judgement against the peoples liberties and estates where there is no law of the nation to warrant such their judgments : but on the contrary the law of the nation saith in express words , it shal not be lawful for any so to do ? . whether is he the minister of god yea or nay , that feigneth or suggesteth a lie , or owneth or joyneth with such as he knoweth doth feign & suggest lies , to the end they may have a pretence or colour to draw people before their judgment seats ( which they call courts of equity ) which if the lies which is the foundation of many bills of complaint , were taken away , they then had no colour of action in such courts ; neither is there any law of this nation to warrant such actions , as is confessed in severall of their bills of complaints ? . from whence is that law , and for what end was it given , that is not equall ? and is that equal which is not iusts , ors equitys which is not lawfull ? . whether is the proviso in a statute , a part of the statute , yea or nay ? if nay , why was it inserted ? if yea , then they that act contrary to it , are convinced of it as transgressors . . whether were not the courts temporall and the courts spirituall two severall jurisdictions , and so accounted and adjudged by the late kings and parliaments of england ? and whether had not the late kings and parliaments power to make lawes , and to declare what was law yea or nay ? and was it not declared in expresse words by the king and parliament in the hen. . chap . that rights of tythes , oblations and obventions , the knowledge whereof by the goodnesse of princes of this realm , and by the lawes and customes of the same , appertaineth to the spirituall jurisdiction of the realm . . whether is the statute of the , , edw. . chap. . of force yea or nay ? if yea , is it not therein provided and inacted , that if any person do substract or withdraw any manner of tythes , obventions , profits , commodities , or other duties , or any part of them , contrary to the true meaning of the said act , or of any other act heretofore made , that then the party so substracting or withdrawing the same , may or sha●l de convented & sued in the kings ecclesiasticall court , by the party from whom the same shal be substracted or withdrawn , to the intent the kings judge ecclesiasticall shall and may then and there to hear and determine the same according to the kings ecclesiastical lawes , and that it shall not be lawful unto the parson , vicar , proprietory , owner , or other their farmers or deputie , cōtrary to this act ; to convent or sue such with-holder of tythes , obventions , or other duties aforesaid before any other judge than ecclesi●sticall , yea or nay ? if nay , then why are the people punished as transgressors of that law which is repealed ? and if yea , then why are the people convented and sued for with holding their tythes , &c before the temporall judges , and in the temporall courts , contrary to the said act ? . whether doth not he or they who give their opinions and make it their practice to convent and sue men in the temporall courts of this nation the people thereof for substracting and with-drawing their tythes ▪ oblations and obventions , &c. and say it is lawfull for them so to do , give the law the lye . and are these ministers of the law who gives the law the ly , who say it shall be lawful when the law saith it shal not be lawful ? are not such unreasonable men ? & do not such go about to make the law of none effect through their traditions , and set up for self-ends their own opinions and inventions in stead of the lay , yea or nay ? . whether is it not provided in the statute of hen. ●cap . . in these words , viz. provided alwayes that the last act shall not extend nor be expounded to give any remedy , cause of action , or suit in the courts temporall against any person or persons which shall refuse or deny to set out his or their tythes , or shall detain , with-hold , or refuse to pay his tythes or offerings , or any parcell thereof , but that in such cases the person or party being ecclesiasticall or lay person , having cause to demand or have the said tythes or offerings , & thereby wronged or grieved , shall take or have their remedy for their said tythes o● offerings ; in every such case in the spirituall courts according to the ordinance of the first part of this act , and not otherwise . and doe not such whether ecclesiasticall or lay persons otherwise , who sue people for tythes and offerings in temporall courts for the same , answer yea or nay ? . whether there is any transgression where there is no law ? and whether there is or ought to be any trebble dammage adjudged , where and when no tythes are due ? and if there be no law of the nation to warrant the temporall judges to try the right of tythes , the law saying that the tryall therof appertaineth to the spiritual jurisdiction by the laws & customs of the realm : then how can it be lawful for the temporall judges to give judgement in their temp●rall courts for treble damages , or any jury to find treble damage for not dividing , setting forth or not paying their prediall tythes , o● or for taking or carrying away the same before the tenth part of the same be divided or set forth , when there is no law of the nation to authorize them to heare or determine of the right of tythes who are temporall judges in their temporall courts . . whether do such justices and juries who act contrary to the aforesaid statute , or any other , tender the honor and prosperity of the nation , or serve the chief magistrate thereof according to the lawes and statutes thereof ? and if not , is not their crime as great as their predecessors , who suffered for such things ? and are not they inexcusable before god and man , who have condemned others for so doing , and now do the same things ? answer yea or nay . read and understand , weigh and give advice ye learned councell of the nation , as you are called , for according to your deserts will your reward be , whosoever of you these queries under your hands in writing shall answer according to truth , and return to any of the people called quakers . was there ever such merchandize made of any people since the world began as these fals teachers have done in our age before mentioned ? was there ever such oppression and such heavy burdens laid upon any people since the world began as these false priests and teachers have done in our age that the reader may find before mentioned ? have they not out stript all the burdens , all the grievous burdens of the pharisees which they themselves will not touch with one of their fingers ? was there ever such devouring , ravening by all the false teachers since the world began as these do in our age , which take a way the peoples goods , cattel , horses , sheep , oxen , platters , kettles , plow-geare , and what they can lay their hands on for a prophet , spoyling peoples goods , and making havock of them ; who can but say the measure of iniquity reaches to the full ? was ever people made a prey upon and devoured by the false teachers in all the ages past since the world began , as they are by the false teachers in this our age , which makes a prey upon the people , devours them , and treads upon them , that are fed , and eats the fat , cloaths with the wool ? was ever people so bitten wth , the teeth , and prepared war against since the world began , as they are in this our age ; who cannot put into the mouthes of the fals teachers , which brings the people all on heaps , who would pluck the skin off their flesh , and bite them with their teeth ; whiles they put into their mouthes they cryed peace unto them , but they are fallen in the night , whose doth appear oppression , violence , and spoyling the goods of people , hath not the hearts of the simple been long deceived by such , and doth not the folly of these now appear unto all men ? and are not manifest that have the love of money that teaches for filthy lucre , who pierce themselves through with many hurtfull lusts , who have the love of money which is the root of all evill ; which things the man of god must flye : marrk how many prisons have been filled in this nation by them for the love of money , yea how many have been prisoned to death , witnesse lancaster , colchester , york and exceter , such as are prisoned to death which the priests are raging against , was ever balaam so mad who loved the wages of unrighteousness , who was in the error , as are the teachers in this age , who are so greedy of gifts and rewards ; nay , if men will not give it them , they wil take it by violence , & summon them up into courts , upper bench , exchequer , chancery common pleas , to answer before the barons of the nation , and there cause poore men to come up ; these priests some for or shillings , some for less , two hundred miles poor labouring men , and thus they use them without any pity or compassion , and if they wil not pay them , takes their pots , or kettles , or platters , priest sends to take them away , or plow-gear . was ever the like heard in all ages since the world began ? are not these they that makes the gospel of the lord jesus christ chargeable ? and are not these things a shame to all christians , that their teachers should make such fruits manifest , nay their colleges at cambridge , where they make their ministers , have caused some to be cast in prison for not paying them their tythes . here the mother and her sons both make havock ; one was prisoned at york till he died for not paying tythes ; prisoned another to death by priest shaw , for not paying him tythes . now if these things doe not shame all christian magistrates and rulers , what will , that have not a feeling in them with these sufferers ? and if this be not a dishonor to truth and the gospel , what is ? and christ who sends forth his teachers freely as they receive so to give . now if you cannot see that you and such teachers are contrary to christ and his apostles , the god of the world hath blinded your eyes , and you are such as jeremy speaks of in the horrible and filthy thing , the priests bear rule by their means , and the people love to have it so : but what will you do in the end thereof ? never did so much nakedness appear in any age you read of , as doth in this age among them , which are not wotthy to have the name of teachers of truth , which generations to come will be ash●med of since the days of the apostles in this night of apostasie and darkness : hath the false teachers got up tythes , yea and of the people will have treble damage if they will not pay them , by whose means many come to lose almost their whole estates , having it taken from them for the priests . the apostle shewed that tythes were taken away , and the command disan●lled by which they were payed , and the hand-writing of ordinances blotted out . george fox . finis . a discussion of the ansvvere of m. vvilliam barlovv, d. of diuinity, to the booke intituled: the iudgment of a catholike englishman liuing in banishment for his religion &c. concerning the apology of the new oath of allegiance. vvritten by the r. father, f. robert persons of the society of iesus. vvhervnto since the said fathers death, is annexed a generall preface, laying open the insufficiency, rayling, lying, and other misdemeanour of m. barlow in his writing. parsons, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discussion of the ansvvere of m. vvilliam barlovv, d. of diuinity, to the booke intituled: the iudgment of a catholike englishman liuing in banishment for his religion &c. concerning the apology of the new oath of allegiance. vvritten by the r. father, f. robert persons of the society of iesus. vvhervnto since the said fathers death, is annexed a generall preface, laying open the insufficiency, rayling, lying, and other misdemeanour of m. barlow in his writing. parsons, robert, - . coffin, edward, - . [ ], , [ ] p. printed at the english college press] permissu superiorum, [saint-omer : m.dc.xii. [ ] the "generall preface" is written by edward coffin. a reply to barlow's "an answer to a catholike english-man". identification of printer from stc. includes index. both the huntington and folger copies have a slip-cancel on q v. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every 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their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng barlow, william, d. . -- answer to a catholike english-man -- controversial literature -- early works to . oath of allegiance, -- controversial literature -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discvssion of the ansvvere of m. vvilliam barlovv , d. of diuinity , to the booke intituled : the iudgment of a catholike englishman liuing in banishment for his religion &c. concerning the apology of the new oath of allegiance . vvritten by the r. father , f. robert persons of the society of iesvs . vvhervnto since the said fathers death , is annexed a generall preface , laying open the insufficiency , rayling , lying , and other misdemeanour of m. barlow in his writing , iohn morris . ex fructibus 〈…〉 . matth. . you shall know them by their fruites . permissu superiorum . m. dc . xii . a table of the chapters and paragraphes conteyned in this booke . the first part . the preface to the reader : in which are laid open some few examples of the singular ignorance , lying , and other bad dealings of m. barlow , in his answere to the censure of the apology . of points concerning the new oath of allegiance , handled in the kings apology , before the popes breues , and discussed in my former letter . chap. i. pag. . about the true author of the apology for the oath of allegiance . § . . pag. . of the pretended cause of the new oath , which is said to be the powder-treason . § . . pag. . how great a pressure the vrging of the new oath is to catholickes that haue a contrary conscience in religion . § . . pag. . the same argument about the pressure of the oath is further discussed . § . . pag. . what freedome may be said to be permitted to english catholickes for swearing , or not swearing the new oath . § . . pag. . about recourse made to the bishop of rome for decisiō , whether the oath might lawfully be taken by english catholicks , or no ? wherin also the present pope his person is defended against sundry calumniations . § . . pag. . whether the o●th be only of ciuill obedience ? o● whether th●re be any clauses in it against catholicke religion ? chap. ii. pag. . of certaine notorious calumniations vsed by m. barlow against his aduersary , which no waies can be excused frō malice , and witting errour . § . . pag. . the reasō is examined whether gods prouidēce might seeme defectuous , if no authority had beene left in the christian church to restraine & punish euill kings . and whether god be so wary in dealing with kings , as m. barlow maketh him . chap. iii. pag. . whether the deuising & vrging of this new oath were a blessing or no , eyther to the receauers or vrgers ? and first of the rec●auers : wherin is handled also of conscience , & of swearing against conscience . chap. iiii. pag. . touching the exhibitours of the oath , and of scandall actiue and passiue . wherin m. barlowes grosse ignorance is dis●●●●red . § . . pag. . the answere to an obiection : by occasion whereof it is shewed , that p●ss●s●ion and pres●ription are good proof●s ●uer in matters of d●ctrine . and the contrary is fondly aff●●med by m. barlow . chap. v. pag. . the second part , about the br●●●s of pope paulus quintus . concerning m. barlow his ●xorbitant flattery in exaggerating . queene elizabeths vertues , and sanctity . chap. i. pag. . about queene elizabeth her mortifications . and of the nature of that vertue . § . . pag. . of queene elizabeth her felicities , and infelicities . chap. ii. pag. . other points concerning queene elizabeths felicities or infelicities . § . . pag. . of queene elizabeths sicknes and death , and other things belonging therunto . § . . pag. . of the flattery and sycophancy vsed by diuers ministers to his maiestie of england , to the hurt and preiudice of ca●holicke men , and their cause . chap. iii. pag. . about toleration or liberty of conscience demaunded by humble petition at his maiesties handes by catholickes , whether it were height of pride or not : as also concerning the contention betweene protestants and puritans . chap. iiii. pag. . concerning errours , absurdities , ignorances and falsities , vttered by m. barlow in the rest of his answere . chap. v. pag. . whether toby did well or no , in breaking the commandement of the king of niniue , concerning the burying of the dead iewes . and how m. barlow answereth vnto the authority of the fathers , and ouerthroweth the kings supremacy . § . . pag. . of another example or instance out of s. gregory the great , about the obeying and publishing a law of the emperour mauritius , that he misliked : which m. barlow calleth ecclesiasticall . § . . pag. . whether councells haue submitted themselues vnto christian emperors in spirituall affayres : and namely , that of arles to charles the great ? chap. vi. pag. . whether the pope in his breue did forbid temporall obedience to his maiesty of england ? and whether the sayd pope hath power to make new articles of faith ? chap. vii . pag. . of certaine other fraudulent , and vntrue dealings of m. barlow , vnto the end of this paragraph : with a notorious abuse in alleaging s. thomas of aquine his authority . § . . pag. . the third part concerning cardinall bellarmine his letter . of the occasion of the letter written by cardinall bellarmine vnto m. george black●well archpriest . and whether he mistooke the state of the question . also of the change of supreme head , into supreme gouernour . chap. i. pag. . whether the denying of taking this new oath , do include the deniall of all the particul●r clauses contayned therin ? § . . pag. . whether the fourth councell of toledo did prescribe any such set forme of oath to be exhibited to the subiects , as is affirmed in the apology ? chap. ii. pag. . cardinall bellarmine is cleared from a false imputation : and a controuersy about certaine words and clauses in the oath is discussed . § . . pag. . whether princes haue iust cause to feare murthering by the commaundement of popes . and in dis●ussing of the particuler example produced by the apologer , concerning the same , great fraud and malice is discouered in m. barlowes falsifying of authors &c. chap. iii. pag. . about the death of henry the third king of france : whether it may be an example of allowance of such murthers ? as also about the late queene of england . § . . pag. . of certaine contradictions obiected to card. bellarmine : and what confidence may be placed in a mans owne good workes . chap. iiii. pag. . of three other contradictions imputed vnto card. bellar. but proued to be no contradictiōs at all . § . . pag. . of the contentions of sundry other emperours , kings , and princes with popes of their times , in temporall affaires : obiected as arguments against the security of acknowledging the popes superiority . wherin many fraudes a●d forgeries are discouered in m. barlow , particulerly concerning fredericke the second , and his contentions with popes . chap. v. pag. . m. barlows more sure and stronger proofes are discouered to be lyes : with other things concerning frederick the second , and innocentius the fourth . § . . pag. . of the emperour fredericke the first , whose picture was said to haue beene sent to the soldan by pope alexander the third . and of the charge of alexander the sixt , touching the death of zizimus or gemen , m. barlowes innocent turke . § . . pag. . an examination of certaine sentences , and authorities of ancient fathers , alleadged by cardinall bellarmine in his letter to m. blackwell , and impugned by m. barlow . chap. vi. pag. . the preface to the reader . in vvhich are laid open some few examples of the singular ignorance , lying , and other bad dealings of m. barlow , in his answere to the censure of the apology . three thinges ( gentle reader ) at the comming forth of this booke may occur vnto thy mynd , in which thou mayst perhaps desire some satisfaction . first the cause why so idle a worke as m. barlowes answere is knowne , and taken to be , should be answered at all by so graue and learned a man as f. persons was . secondly why this answere is published so late after his death . and last of all what opinion is to be had of m. barlowes talents , learnin● , & methode in answering , or what others heere do iudge of the same . and albeit this latter may seeme to some to be of least moment for that one aduersary most commonly will hold an others writing in highest contempt , and therfore from them so much interessed , no sound iudgement may be expected : yet do i thinke it very necessary to insist most thereon , or rather am forced to the same , for that m. barlow is so desirous of honour , as like the ape he thinketh his owne whelp fayrest : and himselfe will needs perswade his maiesty that he hath so answered , as that no sound reply can euer be made thereunto . wherfore as well for thy instruction ( good reader ) as also to rectify m. barlowes iudgement , which in this seemeth to be very erroneous , and to teach him to examine his con●cience better before he presume againe so far , as eyther to promise to a prince , or put forth in print ; i shall set downe my opinion , & worth of his booke , and that vpon no other grounds , then i shall produce out of the booke it selfe , whereby thou shalt haue more light to discerne in this affaire betweene vs , and m. barlow lesse cause to complaine of any hard measure , seeing that against m. barlow non● is brought to plead , but m. barlow himselfe . . to the first point then , this briefly i answere , that f. persons hauing seene the base manner & method of writing which m. barlow houldeth through his whole booke , esteemed the worke not worthy of any answere , and so resolued with himselfe to be silent therein , and in lieu of refuting this answere to set forth the other two parts of resolution , so long before promised by him , and so much desired of the catholiks in england : which whiles he went about to doe , a copy of this answere of m. barlow came to the inquisitors hands , and was by them sent to the said father with order to refute the same , perswading themselues that a booke of that bulke & argument , written by a pretēded prelate , & dedicated to his maiesty , could not but beare some shew of learning , and therfore was , not to be left vnanswered . and that good opinion got m. barlow by writing in english : for could these haue but vnderstood what was written , & with what modesty and learning , he may be sure f. persons should neuer haue bene troubled with the sight therof , but a shorter course had byn taken by casting it into the fire , the fittest element to purge such vnsauoury filth , as euery where he belcheth forth in the same against all sortes of men , wherof you shall hardly fynd any one page to be void . . now , for the stay which hath bene made in the setting forth of this worke , seeing that the said father dispatched what he wrote in lesse then . mōths it being now more then . tymes as much since his decease , hath especially proceeded vpon the manifold other incumbrances & variable disposition of body , wherwith that party hath bene troubled to whome the worke was committed to be finished , as himselfe cōfesseth in the very entrance of the first chapter of his supplement , which he intended to haue set forth with this booke : but growing to so great a bulke by reason of the manifold aduantages giuen by the aduersary , it was thought better in the end , that it should goe forth a part , as making of it selfe a iust volume with some little enlargement , or addition annexed thereunto , in answere of some things obiected , forged not well vnderstood , or misalleadged by m. doctour andrews , now of ely , concerning the matters by him handled in the supplement , whome togeather with m. barlow he answereth with that grauity , iudgement , and learning , as will content all , yea euen his aduersaryes themselues ( if by these meanes they were to be contented : ) or if that the search of truth were the center of their motion , and chiefe end of their endeauors ; and not contrarily with neglect & contempt therof , to speake placentia , and write that which may pleas● their humors best , by whome they hope to gaine most , not regarding on which side equity and right doth stand , so they withstand not them , whose pleasure they make the square of their actions , & whose fauour they hold for their highest felicity . . but touching the last point , for that i meane to make it the subiect of this preface , i shall be more long , not for any difficulty which i fynd in the thing it selfe ( for who but m. barlow knoweth not what a weake write● m. barlow is , and in all manner of learning insufficient ? ) but that the reader by this example may see the weight and worth of protestant writers , & how little regard is to be had to the bragging & vaūting of their owne learning , & conquest ouer their aduersaries : for with such brauery of words , as with figge-leaues , they would couer their shame and nakednes , whiles full well they see , and feele the wound which euen pierceth & pincheth them to the hart roote . and commonly none brag more then those who performe least , or vpon other occasion , then when they are most vanquished and ouercome : at least so it fareth often with m. barlow who thus vauntingly telleth his maiesty , that he is one of a great number , and a continuall succession , which are ready for this cause , and already c●tred ●he combat , and as the couragious spartans were w●nt to sing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , try them when , and wherein yow please . and after speaking more particulerly of this answere , he saith : in handling the mayne points , i trust it will appeare , that i haue neyther dallyed with him , nor illuded the reader , so that , for any sound reply thereto , i assure my selfe security from him . and is not this very confidently spoken trow yow ? and is not this minister well perswaded of himselfe , and his owne learning , that thus craketh ? audiuimus superbiam moab , superbus est valde , sed superbia eius , & arrogantia eius , & indignatio eius plus quàm fortitudo eius . we haue heard the pride of moab ( m. barlow ) he is very proud , but his pride , and arrogancy , and wrath is more then his strength . . neyther is this swelling humor , and arrogant confidence of knowledge & learning alone peculiar to m. barlow , but common to all of his ranke & calling , yea to all the heretikes of former tymes , for so noteth old tertullian when he sayd : omnes tument , o●nes scientiam polli●●ntur● : all are puffed vp with pride , all make ostentation of learning : and s. bernard : omnibus vna intentio haereticis semper fuit , captare gloriā de singularitate scientiae : all heretikes agree in this , to seeke glory by the singularity of knowledge : and therefore no meruaile if we heare now & then one iewell to challenge the whole christian world to answere him , one simple sut●liffe to set out in print , th●t it is more easy for him to refute bellarmine , then to reade him . and not to seeke further to heare m. barlow to tell his maiesty , that f. persons is to weake to dispute : and againe , verbalize he can , dispute he cannot ; in storyes a great florisher , but a false relator of them &c. and then of himselfe as a cocke of the g●me to crow , that he is secure from all answere , that he is like one of the spartans , to be tryed when his maiesty listeth , with other like phrases of arrogancy in the currēt of his booke , all breathing forth luthers spirit , and lucifers pride , fitter for some thraso vpon a stage , then a deuine in a printed book . for were not ●hese spartans he speaketh of both weake in force , and few in number , i thinke m. barlow had neuer bene singled out from amongst them for this cōbat , but want of store in this vrging exigent , made those who imployed him , to make much of a little , and to be behoulding to his small skill , as you know , who are wont to be to the knights of the post , when they can procure no better sureties . . . for whosoeuer ●hall with due attention and equall iudgment , no way ouerpoysed with fauour or disfauour of any part● read m. b●rlowes booke , if he be learned , and can vnderstand how things are discussed , must needes confesse the whole worke to be a me●re patchery ( as fa : p●rsons , cuius memoria in benedictionibus , was vsually wont to terme it ) of many shreds of latin and greeke sentences , misapplyed prouerbes , broken verses , idle and childish scoffes , iniurious calumni●tions , inck-horne tearmes , exorbitant rayling , incredible ignorance , and lying without measure , no authour lightly euer sincerely cited , f. persons words seldome or neuer truly alleaged , no matter from the beginning to the end with any learning , iudgment , or fidelity handled : his chiefest endeauour is to rayle against the pope , to flatter the prince , to iniure catholikes , to disgrace f. persons : much he is in whores , in panders , in strumpets , in hornes , in asses , and spewing dogs , and other like raffe : in euery thing he treateth eyther loathsome , or ridiculous : but for that these two opinions of this answere , i meane m. barlowes , and myne , are so quite repugnant one to the other , i shall for discharge of my credit exemplify in some speciall points of the same : for to handle at length euery particuler would be too long for this place , and most of them are discussed in the treatise it self . i shall begin with his ignorance , on which i meane most to insist . . this fault in m. barlow is not single , but very manifold and singular , and that in all manner of learning , in humanity , philosophy , history , interpretations of scriptures , and diuinity , in ech of which i will for a tast alleage some ●●w examples , being loath with any more to weary the readers patience , or to draw this preface to greater prolixity then needs i must , for the ●ull deciphering of this ignorant minister , whose skill , albeit it seeme to be most in humanity , yet in the same it is also very little : for in one place he calleth the three fatall s●sters , whome he nameth in his ma●gent , ●umenides ; wheras euery grammer boy can tell him that ●um●nides are not the three fa●all sisters , but his familiar friends the three furyes . w●th like skill he interpreteth the prouerbe omnia sub vnam myconum , to signify that one may stand for all : wheras his chiefe author erasmus , out of strabo , far otherwise expoundeth it to be meant only of such , as vnder some particuler tytle handle things of different nature , which can by no meanes be applyed thereunto , as elswhere it ●s told him . . besides these mistakings , for more euident demonstration of his rare talents in construction , i will set downe two examples , but very briefly , for that he shall againe heare of them both ; of the one in this treatise , and of the other by the authour of the supplement . the first is touching certayne wordes of saint gregory in his epistle to theodore the emperour mauritius his phisitian , where saint gregory yielding the reason why he sent not his letters for the emperour to his owne legate , but to the said theodore , saith : nolo eam à responsali meo publicè dari , quia vos qui ei familiariùs seruitis , loqui ei liberiùs & ap●rtiùs potestis &c. that is , i will not that this letter i send ( to the emperour ) be deliuered publikely by my legate , for that you , who are more neere about him , can speake more freely & plainly vnto him . so s. gregory . . but what sense or construction , thinke you doth m. barlow make of these words ? truly such , as if he were a grammer boy , vnder some orbilius , he would be made to feele the smart of his folly . s. gregory ( saith he ) writes to theodore the ●m●●rours phisitian , and intreates him to deale with his lord and soueraigne about it : the reasons wherof he had not , yea he would not ( saith he ) à responsali suo publicè dare , publikely yield as fr●m his ch●yre , or oracle ( much lesse by his br●ue int●rdict ) but hauing suggested it priuately , he left it to god , and the ●●p●r●urs le●sure and wisdome . so he . and was there euer sentence so interpreted as this ? what chopping , what changing what mistaking is there heere ? a letter is turned into reasons , the verbe passiue into the actiue , a legate into a chayre or oracle . and is not this man more fit to be set agayne to inspeach , and grammar rules , then to be imployed in writing for defence of his maiesty ? i would fayne know where m. barlow euer reade responsalis , to signify a chaire or oracle , more then it doth a pulpit , or sermon , lincolne church , or paules steeple . . and to omit other incongruities , by this pittiful construction m. barlow his petrus de vin●is should be more miraculous , then elsewhere he hath made him , and yet he makes him to write fredericke the second his death a yeare after his eyes and braynes were out of his head . and then further , of one & the selfe same man , he maketh two : but by this new grammaticall interpretation he shal neyther write nor reade , be one man , or two , but be metamorphosed into a chaire or oracle . for if he list to read fragmentum historicum printed in the first tome of the german history , he shall find what that author writeth of petrus de vineis his going to the councell of lyons : for speaking of the emperour he saith : q●i non comparuit , s●d r●sponsales prose transmisit minùs sufficientes : fredericke appeared not in the councell , but sent in his behalfe vnsufficient embassadours , to wit , petr●s de vineis , and thaddaeus sinuessanus . will m. barlow say , that he sent two chayres , or oracles ? that truely had bene a strange embassage . or will he tell vs , that when our king richard the first his embassadors went to rome , to withstand the bishop of roane , complayning against him , ●s nubrigensis writeth ( responsales quoque regis è vestigio secuti , in conspectu summi pontificis in faciem illi restitere . the embassadours also of the king presently following , resisted him to his face before the pope ) that he sent chaires or oracles to rome ? or were these chayrs or oracles so earnest before the pope in his defence ? i know not whether this thing deserue rather laughter or compassion : laughter , for that it is so foolish and ridiculous in it selfe : compassion to see one to beare himself for bishop of lincolne so ignorant , as to translate responsalis , for a chaire or oracle , with this insulting adiection to the same , ( much lesse by his breue interdict . ) but let vs come to the second . . the other example of his grammaticall construction is concerning a place of bellarmine about the authority of kinges , where the cardinal refelling an obiection that the exemption of clergy-men from tributes , and appearing at secular tribunalls , is de iure humano , and so may be repealed by princes , answereth , that it doth not follow , both for that not only kings , but popes and councels haue giuen this exemption to clergy-men : as also for that the whole world hath consented to the same , which hath bestowed vpon kinges that power which they haue . so he . now let vs heare m. barlow conster these words : thus then he englisheth them : orbis terrae , t' is within the compasse of the inferiour orbe , from whence is giuen to kinges that power which they haue . so he . and let him turne ouer againe his grammaticon or māmatrecton cooper , or calepine , and he shall neuer fynde these two wordes which himself setteth downe in latin , to wit , orbis terrae , to signify , t' is within the compasse of the inferiour orbe : and therefore perhaps his wits were without that compasse when he wrote it , and likewise his honesty was scant at home , when within leaues after , out of this selfe same chapter he cyteth in different letters , and many of them capitalls , this passage , as the expresse wordes of bellarmine● the clergy is not bound to obey kings , longer then kings are their svperiovrs : and that is , so long as the pope will : for whome he exemptes , they are all fre : and citeth in the margent de cler. lib. . cap. . ● . respondeo negando . but let him read the place that list , and he shal find no such thing . and what then will yow say to such forgery & falsity ? but for these two pointes i referre him to the author of the supplement , where they are more largely discussed . and were not m. barlow of a seared conscience , and his cause desperate , he would neuer vse such legier-de-main , and discredit himself in this base manner . if his spartans ready for the combat , can fight no better , it were more for his maiestys honour , and their owne honesty , that they kept themselues out of the field , & staid at home to tend gooslinges , then thus to betray their cause , and shame all . from grammar let vs come to philosophy . . it seemeth that in this science m. barlow is very meanly seene , and not to haue read , or ( which i rather thinke ) not to haue vnderstood porphyries introduction to the same . for what puny-sophister is there in oxford , or cambridge , who knoweth not that , species producatur de pluribus differentibus numero ? but quite contrary m. barlow tells vs , that the powder-plot was not singular from all examples , there hauing bene the like done by protestants ( though not in specie , yet in indiuiduo ) as at antwerp &c. which is asmuch , as if one should say : although so grosse ignorance as we see in m. barlow of lincolne , cannot be found in any other man , yet is it to be found in many m. barlowes : whereas m. barlow , of whome we speake , is but one and the selfe same man , and ignorance may be found in other men as well as in him , especially if they be ministers as he is : but of this also he shall see more in the ensuing discussion . and doth not he deserue to be brought againe ad inferiora subs●llia , and to sit amongst the sophisters in cambridge , till he hath learned to speake more like a philosopher ? . againe what more sollemne foolery can there be , then so ignorantly to insult vpon his ad●ersary , for saying , that s. leo in a certayne place spake of vnity of names , as m. barlow doth , for thus he sayth : what learning will iustifie that phrase of speach , an vnity of names & c ? and againe , that one name imparted to seuerall persons , should be called an vnity , let all the onomasticks , and nomenclators , or mathematicians , or schoolemen be searched , and t' will not be found . so he . doe you not thinke that this man hath searched far into the matter , read all bookes , and seene what all say , that so resolutly and generally pronounceth this sentence ? & yet aristotle could tell him , that all aequiuoca , vniuoca , analoga , agree in one name : and none but one , as ignorant as m. barlow , will deny that the name father agreeth to men and god , but in different manner ; so that it is true to say , that the name of father is all one in god and man , though in nature it differ . and what can be required more to the vnity of names ? or can m. barlow conceaue that they haue one name without all vnity ? truly as well , as conceaue , that a man may be a foole , without foolery , or as simple as himselfe , vvithout simplicity . . and if this thing in no schoole man can be found , then must s. thomas be blotted out of that rāke , whose wordes are : ostenait aristoteles quòd s●li vnitas nominis non sufficit ad vnitatem enuntiationis . aristotle sheweth , that vnity of name sufficeth not for the vnity of a proposition . and in his quodlibets he expresly proueth this vnity of names , which he calleth vnitatē vocis , the vnity of appellatiō , for that els there were no vniuoca . but of this also he will heare more then he would , or euer will be able to refell by the author of the supplement . it sufficeth me to detect only his ignorance , which as it is here , both grosse and palpable , so also combyned with singular arrogancy and pride , in so resolutly affirming , that no learning will iustifie this speach ; when as aristotle , and s. thomas the great philosopher , and most learned of all deuines , do both teach and demonstrate the same . . another exāple in this kind i might here produce , touching his doctrine of contradictions , and his grosse mistaking of the same , but that will come after in due place to be discussed , where i examine his dispu●ation , about the first contradiction obiected to bel●armine . now let vs see his ignorance in historyes . in historyes what greater ignorance can there be committed then to relate fictions for truth , which haue no coherence eyther in place , tyme , or persons ? and yet m. barlow doth this so confidently , as he did the former of vnity of names . let one example suffice for this matter , by which alone the reader may of himselfe coniecture of the rest . alexander the third is charged to haue sēt fredericke the first his picture to the turke , that he might by the same know him , & kill him also , if he came into his hands , and that euen whiles he was fighting the lords battailes : which obiection m. barlow saith , pincheth the pope to the quick . and i must confesse , that had the matter bene as he doth relate it● none can deny , but it had bene very barbarous indeed . but in the last chapter of f. parsons ensuing discussion , it is shewed , and conuinced most euidently , that alexander was dead at least . yeares before that frederick euer thought of going against the turke , and eight before he came into armenia . vvhat ignorance then is there in this minister , so to write and triumph vpon lyes ? how shall his auditory belieue what he teacheth them out of the pulpit , that blusheth not to vtter such false and iniurious slanders in a printed booke ? . i might heere most of all insist vpon his dealing with pope innocentius the fourth , whom he relateth to haue done many things against frederick the second , vpon the credit of vrspergensis ; and yet that very author saith , that they fell out betweene gregory the . and fred●rick , many years before innocentius was pope . and yet such a writer is m. barlow , as that he will not only ascribe all vnto innocentius , but also from that supposall , draw this most malicious inference● that he went about to poyson the said emperour . what more blind ignorance , and malicious dealing can be imagined then this ? but for that this is afterwards very largely handled in the last chapter of the ensuing discussion , i will here no further treat therof : nor yet of his telling the reader out of binnius & cicarella , that pope sixtus statua of brasse was , for that he was extremely hated , after his death cast downe &c. which all rome , and the statua it selfe yet standing conuince to be a lye , & binnius hath no such word in this popes life ; neyther doth cicarella say at all , that it was cast downe . but it delighteth m. barlow like a blynd horse in the battaile , boldly to aduenture vpon any thing , be it neuer so false , fond , or improbable . the like ● kill he sheweth in making conradus à lichetenau to be a different writer from vrspergensis , and petrus à vin●is to differ from petrus à vinea , with other infinite like ouersights in this kind , which cleerly shew that to be true of himselfe , wherwith he charged his aduersary f. parsons , but could exemplify in no particular , in storyes he is a great florisher , but a false relator of them . . neyther is he a more false relator of historyes then an vnkillfull interpreter of the holy scriptures ; in which it is strange to see , how he tosseth the text , what sense he yieldeth , and what commentaryes he maketh thereon , and that either by mistaking the meaning of the words , or by ridiculous application , or by forcing arguments from the same , which haue no dependance , no coherence , or agreement with the place he cyteth , yea not sticking ●ometymes to corrupt the very text it selfe with ●ome addition of his owne thereunto , to make it conclude more forcibly against vs : so saucy he is ●n so sacred a matter . i will giue briefly one example ●n ech kind , where the spouse in the canticles is commended for all manner of vertues● vnder the allegoricall types of myrh , frankencense , and all a●othecaryes dust : what thinke you , doth barlow●ake ●ake of this dust ? doth he interpret it to signifie any particuler vertue ? nothing lesse . for he saith , it is worldly delights of honour and wealth : for that 's p●luis pigmentarius , saith he , the merchants ( he should say apothecaryes ) wisest● and quoteth in the margent the canticles , and place where it is to be found . and is not this , trow you , a great commendation of the spouse , that she ascendeth through the desert of this earth with al worldly delights of honor & wealth , which tickle the eyes , and blindes the sight of the wisest ? what may not be proued by scriptures , where such application is allowed ? and here to make the best commentary in m. barlowes excuse , there is at least great mistaking of the true sense of the word dust , which i thinke in no other author besides himself , is taken for worldly delights of honour , and wealth ; as neyther in any dictionary that euer i saw , is pigmentarius taken for a merchant . but m. barlow hath absolute authority to gayne-say both grammar , scriptures , and all manner of learning . . as for ridiculous application , what more fond conceipt could he make , then to compare gods diuine prouidence vnto rammes-hornes : for thus speaking thereof , he saith : the prouidence of god in gouerning of his church , is like the ruinating of the walls of hierico by rammes-hornes : it is powerfull , not violent ; spirituall , but not visible ; by meanes weake in shew , mighty in ●ffect . so he . and to omit the ridiculous interpretatiō , or rather inuersion of trumpets into rammes-hornes , whereas they were of mettall , as s. hierome , origen , and others affirme , or made of horne , as some later writers , and so to be called rather cornets , then rammes-hornes , with which i thinke no man can soūd any blast : to omit this foolish error ( i say ) me thinkes m. barlow in this commentary is very forgetfull of himself ; for in another place he maketh these powerfull , spirituall , and mighty rammes-hornes to be very weake , poore , and feeble ; for thus he speaketh of his maiestyes apology with contempt to f. persons : as if ( saith he ) the apologers answer like hiericoes walls , should presently fall with the blast of a ramms-horne , and a few turnes about it : and citeth the same place as before . so as now the force of the ramms-hornes is very feeble : for the ruinating of the walls , by this reasō is more to be ascribed to their owne weakenes , then to any power of the rammes-hornes . for in case they were so powerfull , spirituall , and mighty , the resemblance which here syr william makes , should be very simple : for i thinke he will not say that the apologers answere is more powerfull then gods prouidence , which before he compared to the rammes-hornes . or if he doe , i can say no more , but that for his labour he well deserueth to be put to the horne at edenburrough . . in another place going about to proue , that the right which the church hath against heretikes , eyther for their conuersion or chastisement , is ius innatum , bred within it , & inseparable from it ; how ( thinke yow ) doth he proue the same against f. p●rsons , who sayd , that is was ius acquisitum ? very pithily yow may imagine : for thus he writeth . no sooner was there a church designed , but this right was annexed , semen mulieris conteret caput serpentis , as the enmity for contradiction , so the right for suppression is natiue . thus m. barlow , & no more . and is not this well proued , thinke yow ? the seed of the woman shall bruze the serpents head ; that is , christ the sonne of the virgin shall ouercome the diue● , ergo , it is ius innatum , to punish heretikes . me thinkes this argument proues m. barlow more to be a naturall , then any natiue right to be in the church . for what is there here to signify the church , to signify heretikes , to signify this in-bred right ? truly i see no more coherence betweene the scripture and the foresaid argument , then i see in this which followes ; our sauiour cured a man of the palsy : ergo , m. barlow is troubled with the gout . but let vs go on . . last of all , for adding to the holy text ; what more euident example can be desired then that which he bringeth out of deuteronomy , to proue that bloudy artycle of the kinges supremacy in ecclesiasticall causes ? bloudy i say , for that more effusion of bloud of ecclesiasticall men hath bene made for that one point enacted by parlament , then by all the lawes of former tymes , for the space of a thousand yeares togeather , which yet is not only by all catholikes denyed , reiected by caluin , and the puritans ; but vtterly condemned also by the lutherans , and all learned protestants . against all which m. barlow will needes proue by scripture this vsurped authority , saying : god in his word hath appointed kinges to be guardians of b●th the tables , to commaund & prohibite , not in ciuill affaires only , but in matters also concerning religion saith s. augustine : and citeth deuteron . . & , verse . but in our bookes eyther hebrew , greeke , or latin we fynd no such commission giuen to kinges , nor any one syllable of their being guardians of both tables , or of any commaund in matters of religion in this place , as elsewhere by the author of the supplement he is more fully and roundly tould . and so yow see , to what desperate attempts this minister is driuen to defend a falsity . . touching the last point which remayned to be treated , of m. barlowes ignorance in matters of diuinity , for that it is his chief profession , i shall more inlarge my self therein , & ioyne issue with him in one entire disputation , and that not the meanest , but rather the chiefest of his whole booke : for in no other that i know , doth he vse so many tearmes of art , or make so great vaūt or shew of learning , courage , & cōfidence , as in the same , to wit his discourse to proue a contradiction in bellarmine concerning three conclusions of his , about iustification and confidence to be reposed in our good workes . but before i enter this combate , it will not be amisse to let the reader see some part of his skill in another matter or two , that thereby he may take a scātling of the rest . . first then he must know , that eyther m. barlowes choice was so bad , or iudgement so small , that he neuer almost cyteth the maister of sentences , s. thomas of aquine , or other schoolemen , but that he doth commonly very ignorantly mistake them , or maliciously bely them , or some way or other peruert them . for example he maketh s. thomas to say , that if an vsurper or intruder commaund thinges vnlawfull , yet in those thinges the subiects must notwithstanding obey , propter vitandum scandalum , aut periculum , and then addeth : of this diuinity iudge not , ti 's their owne . but i answere , t' is m. barlowes lye , & not s. thomas his diuinity ; who answering an argument , that the power of many kinges is vsurped , and therefore they not to be obayed , saith : that a man is ●ound to obey , so far forth as the order of iustice doth require , and therefore if they haue not lawfull principality , but vsurped , or commaund vniust thinges ; the subiects are not bound to obey them , vnles perhaps per accidens , for auoyding of scandall or daunger . so s. thomas : and here is no mention of vnlawfull things commaunded , but of vniust , for a king may commaund things that are vniust ; as that his subiects giue him all the money or goodes they haue ; whereto for feare of daunger they may yield , which they could not doe , were the thing of it owne nature vnlawfull : which is s. thomas his expresse doctrine in the next precedent article : neyther is there here ( must notwithstanding obey ) but the contrary , that absolutely they are not bound to obey , vnles perhaps it be for some other cause , as of scādall or daunger : in which cases they may , to saue their liues , or for auoyding the hurt and offence of others , doe those thinges which are vniustly commaunded thē , so they be not of their owne nature vnlawfull , but only in respect of the cōmaunder , who eyther cōtrary to iustice , or by vsurped authority doth cōmaund thē . . of this nature is that graue resolution of his taken , as he would haue it seeme , from s. thomas his scholler medina , that to full liberty , is required an vnlimited scope for the iudgement to deliberate . of which he shall heare more afterwards : for this vnlimited scope for the iudgmēt , is no other thing , thē the vnlimited ignorance of syr william , which passeth all bound & measure . againe where he citeth s. thomas , touching actiue & passiue scandall , which is refuted in this worke at large , and where he sayth very boldly , but ignorantly , that the said doctour confineth al proud men within two sortes , one of thē which aduance themselues aboue others , the other of such which arrogate to themselues that which is aboue them , and beyond their pitch : which seemeth to be aboue the pitch of his skill ; for s. thomas maketh . sortes of pride , as any may see in the place cited in the margent , though in the place which m. barlow citeth , i confesse there be not so many sorts specified : for in his . question and . article he mētioneth none at all . so as m. barlow roues at randome , and speaketh without booke , and thinkes all to be well , so he say somewhat , true , or false , and make a fond florish with the citing of schoolmen . of this very stamp is his other of fatum , and prouidence , in denying fatum to be prouidence , retorted vpon him by f. persons in this answere . and truly if m. barlow be wise , he will , if he write againe , be more wary in dealing with schoolmen , and alleadging their authorities , for that kind of learning far surpasseth the compasse of his shallow capacity . . another thing may be , to consider what strange paradoxes he inserts here and there as positiōs dogmaticall , which who so listeth in practise to follow , shall either haue no religion or faith at all ; or insteed of christs ghospell , the turks alcoran . for exāple , what more grosse and wicked assertion can there be , then to teach that kings euen against our conscience are to be obeyed . for thus he replyeth against f. persons saying , that kings were to be obeyed ; propter cōscientiā , sed non contra conscientiā . this ( saith m. barlow ) is no sound doctrine in the negatiue part : for euen against a mans conscience the prince is to be obeyed . againe : there is nothing more easy for proofe , or euident for d●monstration , then that obedience is to be enioyned , ●u●n against conscience , if it be erroneous , and leaprous ; and against religion if forged and falsely so called . and is not this a very learned axiome ? for more euident refutation whereof , let vs suppose that for which we powre forth our daily prayers to god , that his maiesty were as all his noble progenetors of both realmes haue alwayes bene , a catholick prince , and as zealous for the truth therof as now he is for the protestant cause , if then he should propose vnto syr williā the oath of supremacy of the bishop of rome , so cleerly out of scriptures , and all antiquity , proued and euinced to be true , but yet in the blind eyes and leaprou● conscience of this minister thought to be false ; what would he doe therin ? will he sweare it to be true ? but in his conscience he thinketh it to be false , and against the scriptures . will he refuse it ? but kings ( saith he ) euen against conscience are to be obeyed . . neyther doth he help the matter any thing at all by his distinction of leaprous and erroneous conscience , for with men of his stamp , conscience is like a cheuerell point , which they may stretch & loose at their pleasure . for who knoweth not , that in the tyme of q. mary they were held to haue erroneous & leaprous consciences , euen by the iudgement of the greatest deuines in geneua , who manteyned , that women were to be obeyed , albeit they were queenes , euen in ciuill and temporall affaires ? but within one yeare after , this errour and leaprosy was so transposed , that the quite contrary was taught , and they were not only held to haue leaprous and erroneous consciences who denyed ciuill obedience , but were condemned also as traitours by parlament , if they did deny q. elizabeth to be the supreme head or gouernesse of the church of england . so that , it was not only lawfull , but necessary for her to haue all temporall and ecclesiasticall gouernmēt in her hands as she was queen ; which yet in q. mary to haue ciuill only , euen by reason of her sex , was iudged monstrous , vnnaturall and repugnāt to the scriptures , and law of god. many other examples might be produced in this kind , to shew this new gospell to be as constant as the weathercocke , which neuer turneth but when the wynd doth change , to wit , as often as occasions fall out that may fit their purpose : for then they will strayne all conscience and honesty also , to conforme themselues & become good subiects . . much like vnto this of obeying kings against our conscience , is his other prophane and barbarous assertion of the supremacy of the heathen emperours , nero , domitian , and the rest ouer the christian church ; yea which is more strange , that the auncient fathers iustinus martyr , irenaeus , tertullian and others acknowledged the same . but you must know , that m. barlow in cyting their words for proofe of this paradox is very silent , howsoeuer with all cōfidēce as a maxime in his new deuinity vncōtrollable , he deliuereth the same , saying : that they acknowledged the emperors supremacy indepēdant vpon any but god. and a litle after , that queene elizabeth in her supremacy was no vsurper by nouell-claime , but accepted what god himselfe had annexed to her crowne . out of which i first note , that by this doctrine , the great turke is supreme head of the christian church in greece ; and that if m. barlow were there , for such he would acknowledge him . secondly , the pythagoricall manner of speaking which our aduersaries vse in matters of greatest moment and controuersie . for whereas before king h●nry the eight , no christian king euer tooke that title , or vsurped any such authority ouer the church ; yea for challenging much lesse , constantius was called antichrist both by s. athanasius and s. hilary : these men without all profe , but not without singuler impupudency , thinke it sufficient to say● that the king is head of the church , that he was so acknowledged by the ancient fathers , that not only a woman may haue the same authority of supremacy in all causes ecclesiasticall ; but that also the heathen emperours had it as annexed to their crowne , and imperiall dignitie , euen against the whole torrent of all writters , the practise of the christian world , and euident text of scripture it selfe ; no fathers , no history , no monument , no shew , or shaddow of proofe , or authority in former tymes being found for the same , without many straines , violent enforcements , or ridiculous illations made there-upon , as in the arguments of the protestants , who haue treated this controuersie , is euery where to be seene . . lastly the reader may note , that m. barlow is so poore a deuine , as eyther he knoweth not what belongeth to matters of faith , or els is so wicked , as against his owne knowledge , he will auouch that for true which is checked euen by his owne brethren , and conuinced by common sense and experiēce to be most false , to wit , that the protestants and the puritanes in england differ only in ma●ters cerimoniall , and agree in all ●ss●ntiall and substantiall points concerning religion , in which this prelate is very cathegoricall ( for ignorance , as himself elswhere telleth vs out of fathers and philosophers , though he cite no place or sentence , is the mother of a●dacious assertions and vndertakings ) and writteth thus ; faine they woul● possesse the world , that we are at iarre among our selues , about our religion : whereas the quarrell , though it be ( indeed ) vnkind , yet is it not in this kind sau● only for cerimonyes externall , no points substantiall &c. so he . which though it be kindly spoken as you see , yet he must giue me leaue to belieue him at leasure , and in the meane tyme ●o aske him one question ; to wit , whether the protestāts and puritans vnderstand their ow●e differences that are between thē or not ? if not● then we need not belieue m. barlow , as speaking of that which he doth not vnderstand . if they doe , how commeth it to passe that they condemne ech other of idolatry , heresy , and false religion , as any may read in the suruey , and dangerous positions , set forth by s●●cliffe , and the last superintendent of canterbury for the protestants ; and cartwright , gilby , m●rtin senior , and others for the puritans ? . to this answereth m. barlowes comicall companion of ely , of whome whiles he was silent many had some opinion of learning , but since all is resolued to lying , immodest rayling , and some few light terentian & plautinian phrases , which aswel b●seeme a deuine , writing in matters of such moment , and in defence of so great a monarch , to dally withall , as it doth a bishop to lead a morrice-daunce in his hose and dublet : this man , i say , answereth hereunto , that perhaps so the case stood then , when those protestants did write , but that is well neere . yeares agoe , but now it is otherwise . which is asmuch , as if he had said , that this new beliefe in england is not like the old , alwayes one , but is refined & altered with the tyme , and therefore no argument can be drawne from a thing done . yeares past , for that is to great antiquity for so new-fangled a fayth , which is alwaies in motion , and hath her waynes , changes , quarters , and full , like the moone . but yet i must aske him further , how he will proue by any example of the puritan writers , this their change and submission to the protestants , & conformity of doctrine with thē more now , then . yeares past ? are they not still in the same degree of difference and oppositiō as before ? doe they not still deny our sauiours descent into hell ? do they not disclay me from the english hierarchie ? will they acknowledge the kings supreme authority in causes ecclesiasticall , as king henry did challenge it ? or will they recall what they haue written of their discipline , that it is an essentiall marke of the church , without which there were no church , no faith , no ghospell , and consequently the protestants to be no ghospellers , to be out of the church , out of the number of the faithfull ? . but for further confutation of both these superintendents , and more cleere explication of the thing it selfe , besides what is afterwards said in this booke touching this point , it shall not be amisse here to set downe the words of a few protestant and puritan late , and yet liuing writers , what they iudge of ech other in this affayre , that our very enemyes may be iudges of the most shamefull assertion of these two prelates , that the protestants and puritans differ in matters only cerimoniall , and agree in essentiall . and the reason that i produce no more in this kind , is for want of their bookes , which being not worth the sending so far , seldome come to our hands . i will begin with the protestants . . and to omit thomas rogers , whose testimony is after to be produced in the discussion it selfe , what other thing doth oliuer ormerod in his discouery of puritan-papisme annexed to his picture of a puritan , prooue , but that the said puritans are hereticks , and haue ioyned themselues with the pharisies , apostolickes , arians , pebuzians , petrobusians , florinians , c●rinthiās , nazarens , begardines , ebionites , catababdites , e●theusiasts , donatists , iouinianists , & catharists . and least any should thinke , that this coniunction is only in matters cerimonial , he laieth to their charge these ensuing heresies , that there is no diuers●●y between a priest and a bishop : that bishops haue no iu●isdiction : that all synnes be equall : that the minister is of the essence of baptisme , with the like . and in the second dialogue he maketh in plaine tearmes this obiection , that there is no difference in matters fundamentall , but accidentall : and then answereth the same , that they do differ from the protestants in some things that are fundamentall and substantiall , which he proueth by the article , of christs descending into hell . and he might haue proued it further by the aboue rehearsed articles , for which iouinian , aerius , and others were reputed by the auncient fathers , and condemned for hereticks . . vvith this oliuer of cambridge agreeth a. n. of oxford in his bible-bearer , towards the midest , for thus he writeth : they refuse to subscribe to the kings lawfull authority in causes ecclesiasticall , to the article of religion , to the booke of common prayer , and the orders , rites , and cerimonies of our church ; nay they dissent from vs in things accidentall and cerimoniall . so he . by which last antithesis of accidentall & cerimoniall differences , it is most euident , that the former were essentiall & fundamentall . neither doe i see , how this can be denyed by any : for if the puritans refuse to subscribe to the articles of protestant religion , who seeth not , that they approue it not , and consequently differ in essentiall points , and that m. barlow ouerlashed very much , when he wrote , that their vnkind quarrell with puritans was in another kind , and not in matters of religion , wherein , forsooth , out of his great kindnes he will haue them to agree . . and not to stand more for proofe hereof from protestants , d. couel cleereth the matter , when he saith : but least any man should thinke , that our contentions were but in smaller points , and the difference not great ; both sides haue charged the other with heresies ( if not infidelities ) nay euen such as quite ouerthrow the principall foundation of our christian faith . thus he . and this i thinke is another manner of matter then externall cerimonies , or accidentall differences : for if this be not a plaine iarre amongst protestants and puritans in religion , i would faine know what m. barlow will more require thereunto ? but i see s. gregories wordes verified in these men , where he saith : solent haeretici alia apertè dicere , alia occultè cogitare , the heretikes are wont to speake otherwise openly , then inwardly they thinke : for when they deale amongst themselues then are protestants and puritans heretikes and infidells to ech other : but when they answere vs , then all are friendes , all good christians , all vnited in doctrine , & deuided only in cerimonies & accidentall differences . this is another manner of equiuocation , then any of our schooles will allow , and only fit for such as are his schollers qui in veritate non stetit , sed mendax fuit ab initio . . from protestants i come to puritans , who in this case are no lesse eager , playne , and resolute then the protestants , but rather more ; for this in expresse tearmes the author of the twelue generall arguments concludeth against all the superintendents of england togeather , that they are vsurpers , and tyrants , and execute an vsurped power ouer the church : and one reason to proue the same is ex concessis ; for that their ecclesiastical iurisdiction is deriued from the king , else , say they , it is a flat deniall of his supremacy , as there they shew . and in the next reason , which is the . and last , brought in for proofe of their assumption or minor , thus they conclude : there are no true and sober christians but will say , that the churches of sco●land france , the low countryes , and other places ( that renounce such archbishops and bishops ( as ours are ) as anti-christian and vsurping prelates ) are true churches of god , which they could not be , if the authority & prerogatiues they claime to themselues were of christ , and not vsurped : for if it were the ordinance of christ iesus , that in euery kingdome that receaueth the ghospell , there should be one archbishop ouer the whole kingdome , one bishop ouer many hundred pastors in a kingdome , and all they inuested with that authority and iurisdiction apostolicall , which they clayme iure diuino to be due `vnto them , by the ordinance of christ ; certainly that church which should renounce and disclayme such an authority ordayned in the church , cannot be a true church , but the synagogue of sathan : for they that should renounce , and deny such , must needs therin renounce , and deny christ himself . thus the assumption is cleared . so the author . . to which argument as the catholicks for true bishops will willingly graunt the sequele● that the church of the puritans is no church , but a synagogue of sathan , for that it wanteth them● so i see not what m● barlow and his protestants can reply thereunto● for if episcopall authority be diuino● then cell of rome , condemned the same , togeather with the author therof . so these lutherans . but with our beggarly english protestants all is fish that cōmeth to the ne●● , and of these outcast raggs they must patch vp a church , or els confesse that before luther , they haue none to whome they can accrew . . and truly it is a pittifull thing to see what raggs some of them are not ashamed to gather vp , what hereticks , i say , they will professe to ioyne withall in opinions most brutish , and blasphemous , deuided amongst themselues , and discarded by the more learned protestants , that the reader may well with the po●t demaund , quid sequar ? aut quem ? for m. symons draweth in petrús abilardus , who though he died a repentant catholicke , and a religious monk of the abbey of cluny in france ( which singuler grace i find only graunted by almighty god to no other sect. maisters , but berengarius & him ) yet whiles he liued in error he maintayned , that christ tooke not flesh to redeeme mankind , that he had two persons , that he was not god , and the like . doth not this man stoope low for help thinke you ? againe he togeather with m. fox admitteth for brethren the beastly and barbarous albigenses , who had their beginning , as massonius writeth , from one henry bruis , of whom and whose filthy life s. bernard maketh mention . and these were so far of from being ghospellers , as they could not endure the ghospell it self , which hauing first most villainously abused , at the siege of 〈◊〉 , they cast it ouer the walls , towards the catholike army , shooting many arrowes after it , and crying aloud vnto the souldiers , ecce lex vestra miseri , behould o miserable men , your law , or as matthew paris relateth it , sit● behould your law , we care not for it , take it to your selues . i omit their execrable blasphemies against our bl. sauiour himself & s. mary magdalen , not to offend christian eares therwith , for which our sauiour seemed to take reuenge vpon them on the feast , and in the church of the same saint , where . of them were slaine , as saith massaeus , or many more , as heisterbachius who then liued . now what greater discredit can there be to the protestants , and their cause , then then to rake hell , and make saints of these damned soules , enemies of all piety , most seditious and rebellious spirits ? but to proceed . . to these by m. buckley , fox , abbotts , & others , are adioyned the waldenses , whom they will haue to be but schollers or rather followers of the former : but this following is only in tyme & not in doctrine , if we well consider what most authors write of them both , and m. fox is not ashamed to draw into his den fanatical almericke , making him , for more credit , of a priest a byshop . but m. iewell with one blast bloweth away all these clouted patches of this beggarly church , saying thus : of abilard and almerick and certaine other your strange names ( m. harding meaneth apostolicks , petrobusians , wald●nses , albigenses & image-breakers ) we haue no skill , & they are none of ours . so he : ouerthrowing in few words all m. fox his laborious endeauours to make them saints , martyrs , & true ghospellers : so well do these men agree among themsel●es in buylding vp the babylonicall tower of their new deuised and confused synagogue , one denying what another graunteth ; yea one and the selfe same man fighting with himself , saying & vnsaying , affirming and denying . for in the very tenth page of that defence , m. iewell writeth : as for iohn wickliff , iohn husse , waldo , and the rest , they were godly men , their greatest heresy was this , that they complayned of the dissolute and vitious liues of the clergy &c. . lo here waldo is a godly man without error in doctrine , & yet of his followers m. iewell hath no skil , they are none of his . whereas notwithstanding you may be sure the schollers agreed in all things with their maisters . which of these two m. iewell wil you beleeue ? truely as for the godlines of waldo i find no great record , so neither will m. iewell be able to shew wherin he disagreed from the waldensians , who as guido the carmelite writeth , did hold amongest diuers other things which i pretermit , that no man might iudge another for life and death , because it is written , nolite iudicare , iudge you not : that lay-men had authority giuen them from almighty god to heare confessions , and absolue from sinnes ; that all carnall copulation when men are tempted therunto is lawfull . they contemned the apostles creed , and would haue masse said but once in the yeare , to wit on maunday-thursday , by saying seauen pater nosters , and blessing the bread and wine &c. this and much more was the godly doctrine of m. iewells doctor waldo , whose learning was equall to his vertue ; for he could scant as most authors affirme , either write or read . but i meane no further to prosecute this argument , of which who listeth to read more , may peruse what coccius , the author of the protestants apology , & f. persons in the last part of his three conuersions , haue written hereof , and he will rest satisfied . now i come to examin m. barlowes disputation , & what skill of diuinity he sheweth in the same . . he entreth into the list with great courage , & tells the reader , that f. persons standeth ouer the cardinall , as if he were gasping for breath , vnder the blow he hath receaued for his contradictions , and makes the father as a chirurgion of the camp to cure three or foure of them : which m. barlow will needs lance againe , and cut as he thinketh to the quick ; but vseth such dull instruments & that so weakely , as he doth neither cut , nor bruze , though much he labour to do his best , and after some ten pages spent in idle babling , lying , and ignorant disputing , like a victorious conquerour in the end excusing himself for the length of his discourse , by reason that f. persons did set vp ( saith he ) his crest , and rest vpon it , that if in this , there be any contradiction , he will yield that the apologer hath not ouerlashed in the other , he concludeth triumphantly , saying : let the vnpartiall tryall be the seuere iudge either way . which i also desire , and withall aduertise the reader , that in some things i am the shorter where much aduantage is giuen , for that the same is afterwards by f. persons himself handled in due place in the ensuing discussion . . the controuersy then in hand , is about the comfort which our meritorious actions do yield , and what confidence is to be reposed in them , which the cardinall deliuereth in three conclusions , the last whereof m. barlow will haue not only to contradict the two former , but to be opposite to all the ●iue bookes which are written of that matter : which because as f. persons well noted it seemed strange , that fiue bookes should be contradictory to one propositiō , m. barlow telleth him he should rather haue thought it to be a very strange conclusion , which in so small a roomth should haue matter to crosse a discourse so large . this then we shall now discusse ; and for better perspicuity i will lay downe togeather the three conclusions of the cardinall , which m. barlow will haue to be so contradictory ; and then examine his proofes for the same . the first is , the confidence of holy men which they repose in god , proce●d●th not from only faith , but from then good merits , and therfore we are to labour all we can f●● merits , that therby we may haue confidence in god. the second . some confidence may be placed in good merits , whic● are knowne to be such , so that pride be auoyded . the third . for the vncertainty of our righteousnes , and danger of vaine glory , the surest way is to place all our confidence i● the only mercy and bounty of god. so bellarmine● prouing ech assertion out of the scriptures & aūcient fathers , but before-hand giuing this caueat to the reader ( which cleane dasheth a good part of m. barlowes verball assault ) that it is not all one to say , that confidence may arise or grow from merits , and that confidence may be placed in merits , for it may so fall out , that a ma● may repose almost no confidence in his merits , for that he knoweth not certainly whether he haue any true merits or not , and yet he may abound both with true & great merits : and out of these merits there may proceed in him a great confidence towards god : by which distinction the whole c●ntrou●rsy may be decided and diuers authorities of scriptures and fathers ( which oth●rwis● may seeme repugnant ) be reconciled . thus the cardinall● now let vs see what syr william doth bring to impugne this doctrine , and to proue it contradictory ? . he beginneth with a diuision of vera and per●●c●a iustitia , which he calleth the two principall h●ads , to which all the chiefe questions of that con●rouersy in bellarmine may by reduced . by iustice●e ●e vnderstandeth inherent , and by perfect iustice , that which is able to abide the triall of gods iudgement . but ●ere is much mistaking , for that neyther doth bellar. ●n this sense call our iustice perfect , neyther can the perfectiō of a thing which must needes be intrinsecall ●o the essence , be said properly to depend of an extrinsecall effect , as is the triall of gods iudgement , or the reward which is giuen in respect of our righteousnes that proceedeth frō the inherēt grace within vs , without any relatiō or depēdāce of the future iudgmēt at al. . from this diuision he cōmeth to a distinction of vncertainty , which he saith , is either rei , or personae , of righteousnes it self , or of the party that hath it . this is as wise as the former : for i would faine know of m. barlow , how there can be inc●rti●udo rei , vnles it be de futuris contingentibus ? for a thing , as it is existent , cannot be vncertaine , but hath his being & essence , and therewith his truth & vnity . and in m. barlowes example , the hypocrite who hath no true righteousnes , and consequently not inherent , cannot be said to haue incertitudinem r●i , for that it is certaine , as we do suppose , that he hath no righteousnes at all : and all the vncertainty depēds on the person , who thinketh him to haue righteousnes when he hath it not , & not of the thing it self , which is determinatae veritatis , of determinate truth in the affirmatiue or negatiue , and truth ( to vse m. barlowes martiall manner of speaking ) either of ●ss●nce or propri●ty cassi●res all vncertainty , the affirmatiue or negatiue : so a● still m. barlow stumbleth , and with his subtile distinctions ouerreacheth himself , and confoundeth all learning . . well then , this vncertainty being of the person , what saith he thereunto ? in this he is somewhat briefe , but very confident , and concludeth thus : if it be of the person , then merit is cut of . and why good sir ? for merit ( saith he ) raiseth a confidence , but where there is no comfort there can be no cōfidence , & in vncertainty there is no comfort ; for relyance on that whereof a man doubts , causeth rath●r a feare to be deceaued , then a confidence to be releiued . so he . which argument supposeth as graunted , that our meritorious workes breed confidence , which we deny not , if he meane of that confidence towards god before mentioned : & then it rūneth in this forme : where there is no comfort there is no confidence : but in vncertainty there is no comfort , ergo , no confidence : and so consequently no merit . that the force of this syllogisme may the better appeare , i shall apply it to another matter thus : where there is no comfort , there is no confidence : but when our sauiour prayed in the garden , & sayd , tristis est anima mea vsque ad mortem , and cryed ou● on the crosse , my god , my god , why hast thou forsaken me ? there was no comfort , ergo , no confidence ; and then caluins blasphemous and desperate illation of our sauiours despairing on the crosse will soone be proued , from which all learned protestants no lesse then catholicks , do worthily disclaime . but this is the diuinity of syr william . . againe , there is great equiuocation in the word vncertainty , which m. barlow taketh in the most generall and absolute signification , as excluding all manner of certainty and knowledg whatsoeuer ; when as in bellarmyne it is taken far otherwise : for in the second chapter of his third booke , hauing distinguished two sorts of certaintyes , the one euident , the other obscure . of this later he maketh three degrees : the first is of the certainty of faith , cui nulla ratione potest subesse falsum ; the second of such things as are belieued for humane authority , but so common as it excludeth all feare though not all falsity : for that all men may be false , and either deceaue , or be in such things deceaued . of this sort , he puteth for examples , that cicero and virgil were famous men , that augustus caesar was emperour , that alexandria is in egypt , constantinople in thrace , hierusalem in palestine , antioch in asia ; and then declareth the last degree in this manner : tertium gradum habent illa quae tot signis & coniecturis nituntur , vt securum hominem reddant , & anxietatem excludant , non tamen formidinem omnem expellant : a●que haec dicitur certitudo coniecturalis , & opinionis est po●iùs 〈◊〉 fidei . that is : these things haue the last degree of certainty , which are grounded on so many signes and coniectures , that they make a man secure , & exclude all anxiety , though they expell not all feare : and this is called coniecturall certainty , & it is rather to be termed the certainty of opinion , then the certainty of faith . so b●llarmyne . and by this coniectura●l certainty i assure my self , that m. barlow vnderstandeth not the thing , wherof now he disputeth , but shoo●eth wyde of the marke in mistaking the very termes of the question , and then fighting with his owne fiction , as if it were indeed his aduersaries positiue assertion ; for bellarmyne disputing against the hereticall opinion of these dayes , which is , that a man must be certayn certitudine fidei , cui non potest subesse falsum , that he is in the state of grace , still taketh the word certainty or vncertainty in this sense : for so he seteth downe the state of the question in the end of his second chapter . status igitur quaestionis &c. wherfore the state of the question , if it be set downe without deceipt , & amb●guity must be this : whether a man without speciall r●uelation ought , or may be certaine , with the certainty of faith , which excludes all falsity , that his sinnes are forgiuen him . so he● plainly declaring of what certainty he speaketh , to wit of that , which of all others is the greatest , and most infallible . . which being supposed , let vs examine how well to the purpose m. barlow talketh of vncertainty when he sayth , but in vncertainty there is no comfort . where if he take the word vncertainty , as it excludeth all certainty , it is true ; but then he abuseth the reader , for b●llarmyne taketh it not so , but supposeth & proueth the contrary : if he take it as it is a deniall only of the certainty of faith , then it is most false ; for it may haue other certainty sufficient to yield comfort , though it haue not this , yea confidence as it is hope cannot possibly stand with that absolute certainty . for who can be said to hope for that which he is certayn to haue ? or were it not a ridiculous manner of speach to say , that the soules of the saints in heauen hope for the resurrectiō of their bodyes , which infallibly they know shal be restored , & reunited againe vnto thē ? or that we hope that god will iudge both the wicked & iust , punishing the first with endles torments , and rewarding the other with euerlasting felicity ? well may the saints be sayd to expect their bodyes , and we the iudgment , but neyther the one , nor the other by reason of their vndoubted certainty can be hoped for , as is euident . . and whereas m. barlow saith , that relianc● on that whereof a man ●oubts , causeth rather a feare to be deceaued , then a confid●nce to be relieued , is far from the purpose , & a new changing of the terme . for who saith , that a man doubteth of his iustice or righteousnes ? bellarmyme expresly denyeth it , and saith , that the morall certainty that a man hath of his merits or iustification , is so great , that although it take not away all feare ; yet doth it exclude all anxiety , and wauering , yea doubting also , if he may be sayd to doubt , who assenteth to neyther part . so he . which may be made more cleere by the example of s. paul , debet in spe qui arat , arare , he that tilleth the ground , must till it in hope , that is , hope that the ground tilled , will bring forth fruit ; and he who thus hopeth is neyther certayn that he shall reape the fruite , for then he would not hope the same , & it may so fall out , as that he may reape none at all : neyther yet is he doubtfull whether he shall , or shall not , for he hopeth that he shall , and for that he hath many reasons , and so assenteth to the affirmitiue part , or els he would neuer haue sowen : as likewise doth the sayler on the seas , for if he were as doubtfull of drowning , as ariuing vnto the port he sayleth to , he would neuer i thinke aduenture to passe them ouer . and whether this morall certainty which both sowers and saylers haue , be not sufficient to yield them rather confidence to be relieued , then a feare to be deceaued , needeth no other proofe then the common practice & custome , which in the one , and in the other we daily behold . from this argument m. barlow with like good fortune proceedeth to another thus : . this also ( saith he ) crosseth the very next precedent proposition , that some confidence may be reposed in our owne righteousnes and good workes , if men be assured that they be good workes . but by this proposition in hand , it seemes none can be assured . if they may , why doth he ●al it incertitudinē iustitiae nostrae , the vncertainty of o●● righteousnes ? if they may not , wh●re then is their c●nfid●nce ? or how m●y they settle it ? if some may , and others not , he should haue described , and distinguished them , or els that foregoing proposition might well haue bene spared● which af●oards little vse and lesse comfort ; and in that regard is directly opposite to this last , which is full of confidence and consolation . hitherto m. barlow , fighting like a blind man with his face turned from his aduersary , and then florishing in the ayre , where all his dry blowes do but beat against the wynd , and touch not b●llarmine at all● whose words had he seene and vnderstood , he would neuer i thinke haue framed this idle conceipt . for what contradiction is there , i pray you betweene these two propositions : some confidence may be reposed in our good workes , so that by morall coniecturall certainty we know them to be such , and this other , for that if we speake of the certaynty of faith , which can be subiect to no falsity , we are vncertain whether our workes be meritorious or not ; and therefore in respect thereof as also to auoyd pride , is is best to repose all our confidence in the mercy and bountifulnes of almighty god. truly no more , then is in this other , they that thinke themselues morally assured of m. barlows fidelity , may repose some confidence in him : but because this their assurance is not so great , but that they may be deceaued , as he deceaued his maister the earle of ess●x , who reposed so much confidence in him , by proclayming out of the pulpit at paules crosse those things which the other before his death , for the quieting of his conscience had disclosed vnto him in secret , therefore it is best to let him alone , and trust to almighty god , of whose fidelity no man can haue any cause to feare , or doubt . . by which is easily answered the foresaid argument , the force whereof resteth vpon these contradictory termes , that , a man may be assured of his good workes , and , none can be assured of their good workes : but neyther the one , nor the other is in this place of bellarmine . for he saith not , that a man may be assured , but , that if he be assured : and in the second , for the vncertainty of our righteousnes , and not , none can be assured of their righteousnes : for so it were a contradiction , if the word ass●red were taken in the selfe same sense & signification in both places . but as the words lye in b●llarm . albeit he should speak of the same certainty in both places ( as he doth not ; ) yet were it not any contradiction at all , for both partes are true : the first , that men may repo●e confidence in their good workes , if with the certainty of faith ( as they may doe by diuine reuelation ) they know them to be such● the second thus , for the vncertainty of our righteousnes ( for without reuelation we cannot be sure therof ) it is best to repose all our confidence in the mercy of almighty god. wherein here standeth the contradiction ? and m. barlow sheweth great ignorance in this matter , when he saith that , by this proposition of bellarmine , it s●emeth that none can be assured : if they may , why doth he call it incertitudinem iustitiae nostrae , the vncertainty of our righteousnes ? this , i say , is very simple stuffe : for doth not this prelate preach● somtymes to his people of the vncertainty of the houre of death , and yet god may reueale to any man in particuler of his audience , when he shall dye ? now of these two propo●●●●ōs , i● a man be certayn of the houre of his death , he needeth not to be wa●ned by the preacher , and for that men are ordinarily vncertayn●● therfore it is good that the preachers put them often in mind therof ; what deuine , what philosopher● yea what man of common sense and iudgment , vnles he haue as little wit and learning as this minister , would say that one part of this argumēt were contradictory to the other ? i think the man was musing o● some other matter , when he wrote this patched , ill-coherent , and ignorant discourse . . i pretermit his idle cauill against f. persons about three questions worthy of m. barlows profoūd learning , & answered after by the father himself after which he putteth downe the three conclusions of the cardinall before alleadged , and then thus like some grāmaticall monte-bank frameth this discourse : there cannot be any thing more violently contradicting , yea totally euerting the very principall question : for quatenus implye● that some confidence may be placed in m●rit , but with a limitation tenus qua : this last admits no confining , but drawes our whole confidence from mans m●rit to gods mercy alone , & carries with it a double contradiction , both subiecti & obiecti , so to speake . doe not you thinke that he hath spoken well , & much to the purpose ? from these flourishing words let vs come to his proofe , and discusse in a word or two what he bringeth to proue a contradiction in the subiect and obiect . but first i must her● tell the reader , that now he shall finde m. barlow ou● of his sphere ( i meane out of erasmus prouerbs , martialls epigrams , and other poets ) and to handl● weapons which he knoweth not how to vse , i mean● the termes of art , which become him as well to deal● withall , as to see an ape fight with a sword & buckle●● for thus he beginneth . . the subiect ( saith he ) tota fuducia , mans whole confidence : this excludes all partitiō in it selfe , it must be entire , take it eyther as totum quantitatis , because confidēce may be ●xt●nd●d or r●mitted , be greater or lesse ; or as totum rationis , as it is defined an hope corroborate & perfect ; ●r as totum potentiale seu virtutis , confid●nce of this or that natur● & quality . in which words are many mistakings , and those also very grosse : first confidence being a spirituall quality inherent in the will or secōd power of the soule , cannot be said to haue totum quantitatis , n●que per se , n●que per accidens , as s. thomas in this very place mentioned by m. barlow doth teach , as presently we shall see . againe where he saith that confidence may be extended or remitted , there is an implicancy in the termes , if we speake in the phrase of schoolmen : for only quantity can be extended and only quality remitted : and to ioyne them both togeather , is ( to vse m. barlowes phrase ) to couple moyses two b●asts in one yoke , which will not agree : quantity may be extended or contracted , quality intended or remitted ; but to say , that quantity may be remitted , is as proper a speach , as to say , that the nature of a quality is to be deuided , and of a substance to be intended . . neyther was it for nothing that b●rlow●yted ●yted only the bare name of s. thomas in the margent without all referēce to any place : for had he but quo●ed the part , queston , and article , he should haue di●ected the reader , where to haue seene his open ignorāce refuted : for s. thomas disputing how the whole soule is in euery part of the body , sheweth first how many wayes a totality , or wholenes may be taken ; ●nd answereth , that a whole thing may be sayd to be eyther , totum quod diuiditur in p●rtes quantitati●●●● sicut tota linea , vel totum corpus a whole that is deuid●● into his quantitatiue parts , as a whole line , or a whol● body : or a whole that is deuided into essentiall par●●● as a thing defined into the parts or members of the d●finition● or a potentiall , which is deuided into his vi●tuall or operatiue parts ( not of this , or that nature and quality , as m. barlow very ignorantly conceaueth , or rather mistaketh it : ) and then sayth afterwards , tot●litas quantitatiua non potest attribu● anima , nec per se , n●● per accidens , and how then can confidence haue his totum quantitatiuum ? or how will m. barlow measure the same by inches or e●ls , by feet or fathoms ? yea how doth he cite s. thomas for that which so plainly 〈◊〉 gainsaieth and refuteth ? but ne sutor vltra cr●pidam , m. barlow , now is beyond erasm●s chyliads , & ouids metamorphosis . this triple diuision of totality being set downe by m. b●rlow , he adioyneth as out of b●llar●mine these words : the whole , s●ith the cardinall , whether greater or lesse , whether weake or strong , wh●th●r one or other , is wholy to be cast on gods m●rcy . and is there no difference in your diuinity ( good syr ) betweene these two speaches , the best course for m. barlow were to leaue his lyin● , and speake truly ; & , m. b●●low is to leaue his lying , & speake truly , when as the first is but exhortatiue , and the later absolute ? the cardinall only saith , that the safest way is to repose our whole confidence in gods mercy alone , and neuer ye● made this absolute proposition , our whole confidence is wholy to be c●st on gods mercy alone . what wresting , what forging is this ? and yet this man very deuoutly in this place preacheth vnto vs of cor contritum , which god will haue , and cor diuisum , which he doth hate : but how contrite m. barlowes hart is , or whether it be deuided or vnited , i know not ; sure i am , that here is double dealing , much ignorance , and nothing with any learning or sincerity handled . . from the subiect he cōmeth to the obiect . the obiect also ( saith he ) affoards a strong contradiction , sola misericordia , mercy alone &c. the very force of which word put the tempter to silence , and to flight also , ei soli , him only shalt thou serue . had the cardinall said in the first place , mans confidence must , or may be reposed in his owne merits , and afterwards subioyned , mans confidence must , or may be placed in gods mercy , these had not bene contradictory but communicatiue : merit might haue part staked with mercy : but when he adds in mercy alone , merit , saints , and angells , and whatsoeuer beside are abondoned and cassiered : for solùm , alone admits no consort , as saith aquinas . lo here a short conquest : one word alone cassiering from confidence all merits , all saints , all angells , and whatsoeuer els , and from m. barlow himself all learning , all sincerity , all truth , all honesty : this doubtles is a potent word that containeth so great vertue in it . but let vs examine the force of this inference . first i would demaūd of m. barlow what saints & angells haue to doe with the confidence that riseth out of our good wo●kes , that by this word alone , they should be abandoned & cassierd ? did euer any affirme , that this confidence of our merits did depend on them , as vpon the obiect of the same ? this is one notorious foolery . . againe , where will he find in all bellarmyne that solamisericordia , only mercy , is the entire obiect of our confidence ? doth he no● say , that some confidence may be reposed in our workes , so we be sure they be me●itorious , and that we auoid pride ? he saith in deed , that the securest way is to repose all our confidence in the only mercy of god , but not , that the mercy of god is the only obiect . and m. barlow whiles he thinketh to put his aduersary to silence , as christ did the deuill with the word only , himselfe is ouercome with temptation of one lye at the least , if he knew what he wrote , or of ignorāce if he knew it not . moreouer where he addeth , that had the cardinall said in the first place , mans confidence must , or may be reposed in his owne m●rits , & afterwards had subioyned , mans confidēce must , or m●y be placed in gods mercy , these had not bene contradictory , but cōmunica●iue ; he both dealeth falsly , and refuteth himselfe : falsly , in foysting in the word must in both propositions , which is not in bellarmyne , and it cleane altereth the sense : for it is not all one to say , one may doe such a thing , and a man must doe it : for example , it is a far different thing to say , that m. barlow may giue the reuenews of his bishoprick of one whole yeare , if he will , to the poor people of lincolne , and m. barlow must giue his renenews of one yeare to the said poore people . but without this cobling and cogging in of words m. barlow can make no contradi●tiō . he refuteth also himself for omitting the word must , here thrust in as i said . bellarmin● saith the selfe same , to wit , that confid●nce may be reposed in m●rits , and confi●●nce may be reposed in god. but the first is subiect to errour and pride , the second is secure , and therfore it is best to repose all on the same . which two propositions euen by m. barlows confession are not contradictory , and therfore all his preaching and pratling , as f. parsons well calleth it , se●ueth rather to shew himself a false and ignorant writer , then to proue any contradiction in the cardinall . . after this sory stuffe he beginneth a sermō out of s. augustine vpon these words of the psalme , memorabor iustitiae tuae solius : saying , that the said father doth insist vpon the same , both with an admiration , ô solius , and also with a question , rogo vos , i pray you : why should he ad this word solius ? had it not bene inough for him to say , i will remember thy righteousnes ? no , but solius prorsus , it alone , altogeather i will remember : why so ? vbi meam non cogito , for in so saying i put out of my mynd any righteousnes which is mine owne . so m. barlow : and hauing ended his deuotion , he concludeth thus : so then totum , whole confidence , that taks away the particular aliqua , in his former proposition , sola excludes meritum in both propositions . this is all he hath touching the obiect , and all wyde of the marke , as is most euident . . yea so far is s. augustine from checking this assertion of the cardinall , as he elswere graunteth the same , saying : vt speret regnum , habeat bonam conscientiam , credat , & operetur , that a man may hope for the kingdome of heauen , let him haue a good conscience , let him belieue and labour . so he : and the place here cyted by m. barlow hath no more coherence with this matter now in controuersy , then a poke full of plums , with the way to london . for our question is of such workes , as be meritorious , and follow , or rather flow from gods grace inherent within vs. but s. augustine speaketh of that grace which goeth before all our good workes , and of that iustification which the deuines call the first iustificatiō , by which a sinner is made iust and first called vnto god from that state , and saith , that this grace or righteousnes no workes can merit , which all catholiks admit , & the cardinall elswhere at large doth proue : and that he meaneth the first , not the second iustification , is cleare by his owne words following in this explication , which are these : i am enim si superbi desideramus , v●l fatigati r●deamus &c. for now if we that are proud doe desire , or wearied do returne , we cannot returne but by grace : grace is freely giuen , for if it were not a free gift , it were not grace . moreouer if therfore it be grace , because it is freely giuen , nothing of thine went before for which thou must receaue it . for if any of thy good workes went before , thou hast receaued a reward , no free gift ; the reward due vnto thee is punishment : that therefore we are deliuered , comes not frō our merits , but is of his grace ; him therfore let vs praise to whome we owe all that we are , to whome we owe our saluation , with which the prophet concluded , after he had said many things , saying : memorabor iustitiae tuae solius , i will remember thy righteousnes alone . so s. augustine . so cleerly explicating himself , & euincing m. barlows ignorance , as that i shall not need to ad any further commentary for confutation of the same . the rest which he addeth by way of antithesis totum , aliqua , sola , meritum , is nothing els but meere foolery , as shal be afterwards shewed . . from diuinity he comes to logick , making his entrance with a vaunting insultation of his aduersaries ignorance , and want of skill about the true nature of a contradiction . in deliuering of which , the poore man is so embroyled , as he knoweth not what he saith , but cleane mistaketh euery thinge which he speaketh of . for first he supposeth , that a con●radiction must be where some generall proposition ●ither expresly or implicatiuely is crossed by a particu●er , but this is no equall and perfect diuision , for that ● contradiction requireth not alwaies a generall pro●osition , but may be between two particuler , so that ●he subiect remaine indiuisible , to wit , vnder one , and ●he selfsame respect vnder them both . for if i should ●ay , that m. barlow hath skill in logicke ( though it be ●ery little ) and m. barlow hath not skill in logick : ●gaine , m. barlow is bishop of barlow●s ●s not bishop of lincolne &c. i do not doubt but that ●e would thinke these propositions , though both par●iculer , to be truly contradictory , and consequently his ●wne supposition to be false ; as that also is very fond , ●hich for explication of his expresse and implyed con●radiction he ioyneth , saying : contradiction●n ●n negato , the other in opposito or adiecto : of the first ●ort are these examples , wherin the negatiue note is expres●ed , as omnis homo est , aliquis non est ; of the second ●ort are such , wherin the note negatiue is omitted , and yet ●ne member ouerthrowes another . so m. barlow out of logick . and this as i said is very fond , for that it is not ●f the nature of a contradiction in adiecto , to be impli●d , but rather the contrary to be expressed in termes , ●t being all one with that which is called implicantia ●n terminis , an implicancy , or contradiction in the ●ery termes themselues . for example : if i should say m. barlow is a brute beast , the adiectum or terminus ●rute beast , destroyeth the subiect , to wit m. barlow , whose behauiour , though it be often tymes very bru●ish and beastly , yet is he by nature a man , and that also a very naturall one . . but the greatest mistaking and ignorance of all the rest , is in the example which he maketh of this his implyed contradiction : for hauing made this proposition , euery bishop of rome is vnder christ the immeatate and sole chief pastour of the whole church in the christian world , this , saith our philosopher , may be contradicted two wayes : first expresly , some bishop o● rome is not the immediate and sole chief pastour &c. thi● is a contradictory with the negatiue . secondly it may be crossed by implicatiō , as thus : the patriarch of constantinople is vnder christ the immediate and sole chief p●stour of the east●rne church . this though it be a contradiction in opposito , yet doth it as mainly oppose th● former generall proposition as if it had a negatiue no● &c. thus far m. barlow , as good a philosopher a● m. morton , who though he professe to haue bene ● reader of logick , yet shaped vs out a syllogisme o● six termes to proue equiuocation in an oath to b● vnlawfull : such great deuynes are these men● as they know not the first elements of this faculty . for ha● not m. barlow bene exceeding ignorant of the first rule , and necessary condition of a contradiction ● which is , that both parts c●nnot togeather be eythe● true of false ; he would neuer haue giuen this for a● example , seeing himself , neyther belieueth the bishop of r●m● to be head of the whole , or patriarke of constantinople of the easterne church . and where the● is the contradiction ? and is not m. barlow well seen● in philosoph● , who chooseth out an example to proue a contradiction , in which , euen in his owne opinion there is no contradiction at all ? truly i may well suspect that he neuer came to be bishop ●f lincolne for his learning , which euery where he ●heweth to be lesse then meane , and therfore ouerla●heth without measure , but for some other inferiour quality , little perhaps befitting that calling . let vs to make him conceaue his errour the better , exemplifie in some more familiar examples . the l. of canterbu●y is primate of all , and euery part of england ; and ●he l. of yorke is primate of all the north part , is with me no contradiction : for that i hold both propositions to be false , and neyther of them both to haue any primacy at all in that church : and as the later will not claime it , so m. abbots may be sure , i will not assigne it vnto him , whome i doe as much hold to be abbot of w●stminster , as bishop of cant●r●ury . and the like must m. barlow needs say of his two propositions , for that neyther of them in his iudgmēt ●s true , and therefore are more contrary then contradictory ; as are also these , omnis homo currit , nullus homo currit , and the like . . wherefore if it be ( as m. barlow will needs haue it ) our very case in hand , euen by the verdict of all skilfull philosophers in the world , the cardinall will be quit at least from a contradiction : and it is but childish babling , yet very frequent in m. barlow , to make the oppositiōs of the termes thēselues , saying , that h●re is a double contradictiō both subiecti & praedica●i ; the patriarke of constantinople crosseth the bishop of rome ; the east●rn● church and the whole world contradict ech oth●r implicitely . this i say is but babling , for there is as great opposition between the former two propositions before set downe , as in this , cant●rbury cr●ss●th yorke ; all england the north parts . and againe , omnis cannot stand with nullus , currit with non currit : and yet he will sooner bring constantinople to rome● and yorke to canterbury , then proue any contradictiō to be in the same . but let vs draw to an end of m. barlows dispute . . i passe ouer the rest he addeth , concerning this matter , although his chiefest fraud and cosenage be conteyned in the same . for of an exhortatiue proposition in the cardinall , he maketh an absolute and necessary , by cogging in the words is , & must , thus : mans confidence is to be reposed in the alone mercy of god , and , some confidence of man must be placed in his owne merits , which are his owne forgeryes , and not the cardinalls assertions : and then further in falsly charging f. persons , as though he said that good workes increase confidence in their owne nature , and therfore will needs haue his doctrine to be condemned by pius v. amongst other like assertions of a louain doctor ; but all is forgery : for the father speaketh not of our workes , as alone they proceed from vs , but as they proceed also from gods grace within vs , and for that cause calleth them the good workes of a christiā : & it is vnchristian dealing in this prelate to say , that this proposition was euer condemned by pius v. or any other pope or councell , who only speake of our workes as they are done by a pagan , without grace , or any other supernaturall help ; and last of all for maliciously transposing the word any , to make it signifie that which the father neuer dreamed of , thereby to make him contrary to b●llarmine , and contradictory to himself . for he maketh him to say , that a man may place any confidence in his owne merits , so he beware of prid● , which is a notorious vntruth . but i will not , as i said , further stand to refell these falshoodes , for that the father himself hath very learnedly performed the same , and m. barlow will neuer be able with any shew of truth o● learning to make any reply therunto . . and whereas for the last vpshot of this his dispute , he marshalleth forth in one rank togeather , a heape of contradictory speaches , giuing vs for a parting blow to make all sure a knocking lye ; i shal with the same conclusion end also this matter , not entring into any other confutation thereof , then the bare rehearsall or skoring vp the vntruthes , which he hath couched togeather in this one number or paragraph , excepting only the last , in which i shall be forced to be a little more large . . first then he would faine make the cardinall & f. persons to disagree , by setting downe their contrary positions , and thē the cardinall to fight with himself : the first part he proueth thus : our owne good workes haue such an vncertainty in them , as that our whole confidence must be referred to gods mercy saith the cardinall : our good workes in their owne nature are such as that they may giue hope and confidence of themselues , saith his champion . so he . and here at the least are three lyes , if not more : for bellarmine saith not , that our workes haue such an vncertainty in them , as no confidence can be reposed in them ; nether doth he say , that all our confidence must be referred vnto gods mercy : neither doth f. persons affirme , that our good workes in their owne natvre may giue hope and confidence of themselues , for they require gods grace and promise of reward to make them meritorious , and to yield confidence . m. barlow goeth on . mans whole confidence is to be placed in the mercy of god alone , saith bellarmine : a man may willingly repose any confidence in his owne workes , saith f● pers●n . both are grosse lyes in m. barlow . for these two proposi●ions are neither found in bellarmyne , nor f. p●rsons , but forged by himselfe , & are both most false . . and truly , no meruaile though m. barlow be very resolute in his refuting our opinions , when as he frameth an aduersary in the ayre , whom he may conquer ; & then telle●h in great sadnes the reader , that he fighteth with vs , which as you know is no great ma●stery , but misery rather , both to the man and his cause . for hauing in this place in foure propositions told vs fiue lyes , thus he vaunteth ouer vs , saying : betweene them both , they haue broached a goodly doctrine , and v●ry comfortable no doubt . but i haue now shewed that here is no broaching of theirs● but all of m. barlowes owne brewing , and abusing their words & meaning . to his former lying , he addeth ignorance , & would make the cardinall to contradict himselfe , saying in his behalfe , that good workes of their owne nature raise vp our con●idence towards god , and yet a man is vncertayne , whether they be good or no. the first part i haue shewed to be false , if by their owne nature he vnderstand them , as done without gods grace inherent in th● doer . the second is true , if m. barlow vnderstood it : for the word vncertaine excludeth not all certainty , as before i noted , but the certainty of faith . secondly ( he saith ) man must be acertayned that the workes he ●●th be truly good , or els he may not trust in them , and yet no man can assure himself that they are so , vnles he haue a reuelation , saith the cardinall , then which wh●t is more vncertain ? saepe fallax , semper incerta , are his owne words . so m. barlow . . how men may be acertayned of their good workes , hath bene already declared , and how we may be acertayned of your truth and fidelity , if there were no other proofe , this one place alone were sufficient to demonstrate , and euince most plainly , that eyther your ignorance is intollerable , or your lying most shameles . the cardinall sheweth , that without reuelation , we cannot haue absolute certaynty of our being in grace , or perseuerance in the same vnto the end , because this certainty being the certainty of faith , dependeth vpon gods diuine reuelation , as her formall obiect , which is made cleer by the connexion of the present and future tymes in the cardinall . for who but god can reueale to a man what shall be his end , eyther for blisse or woe ? annunciate quae ventura sunt in futurum , & sci●mus quia dij estis vos , saith the prophet to the gods of the gentils : and by his owne plaine wordes in another place , where he saith , non posse qu●mquam sine peculiari reuelatione certò s●ire certitudine fidei sibi remissa ●sse peccata . no man without speciall reuelation can certainly know , with the ce●tainty of faith , that his sinns are forgiuen him , and consequently whether he be in state of grace , and gods fauour or no. and is this reuelatiō trow you so vncertain ? is it saep● fallax , sēper inc●rta ? or is bellarm. so blasphemous , as to auou●h the same ? it should seem by m. barlow , that he is for he telleth the reader that they are his owne word● ; but i must tell him the contrary , that it is m. barlowes owne lye , and that he doth singularly abuse both his reader , & the cardinall togeather by this imposture , deluding the one , and slandering the other , and most of all disgracing himself . . but least he should seeme to impute this atheisticall paradox of the vncertainty of gods diuine reuelation to bellarmine , without all proofe , he cyteth in the margent for his readers direction lib. . de verbo dei cap. . where if he repayre to examine this matter , i assure him , he shall not find one word therof , but of the fanaticall opinion of the swenkfeldians , who reiecting all written authority , as well scriptures , as fathers , would haue euery man to be directed by their owne inward spirits , which bellarmine saith , is often deceiptfull , alwayes vncertayne . for thus he writeth : quare cùm sacra scriptura regula credendi certissima , tutissimaque sit , sanus profectò non cri● , qui ea neglecta spiritus interni saepe fallacis , & semper incerti iudicio se commiscrit : which is ; wherfore seeing the holy scripture is the most sure & safest rule of beliefe , truely he will not be thought to be well in his wits , who leauing the same shall betake himself to the iudgment of the inward spirit , often deceiptfull , and alwayes vncertayne . by which wordes he plainly sheweth , that he is so far from speaking of gods diuine reuelation , as the wicked spirit of these hereticks is different from the spirit of christ , to wit , as cleane opposite as hell to heauen , truth to falshood , darknes to light . and with what face or forhead the● can this minister turne the masculine gender into the feminine , the swenckfeldian●pirit ●pirit into gods reuelatiō ? yea , with what conscience can he say , that this reuelation may be an illusion ? as some superstitious people ( saith he ) take that fire for a walking spirit which is but ignis fatuus , an illuding meteor ; so pharisaycall , and melancholick conceipts may thinke them to be infusions of the holy ghost which are but speculatiue imaginations of their owne ghost . thus m. barlow very profoundly , as you see , or rather most profanely , comparing god● reuelation ( for of that bellarmine speaketh ) which is alwayes certayne and certainly knowne of him to whome it is made , to his walking spirit , or ignis fatuus , to pharisaycall and melancholick conceipts ; as though the truth of the said reuelation depended on the disposition of the receauer , and not wholy vpon the infallible authority of almighty god , who reuealeth the same . i will not say that m. barlow is either pharisaycall or melancholick , but that he is fatuus , or else fanaticus ; albeit i say it not , yet the thing it self will speake , if his malice were not greater then his folly in this point , which i meane not to discusse . . after all these vntruthes and manifold ignorances , he concludeth his disputation with a sermon , and is become very deuout vpon the suddaine , and of a tender conscience , telling vs , that it is better for the cardinall to acknowledge an ouersight in a long discourse , then to ouerthrow one soule redeemed by christs bloud : contradictions in assertions wounds but one opposite member ; but vnsoundnes in doctrine , concerning saluation , doth wound the weake conscience of a christian. and then runneth on in the same descant ; which is as much , as if some harlot after she had wearied her tongue with rayling and lying on her neighbour , should presently take vpon her the person and state of a graue vertuous matrone , foris helena , intus hecuba , ( to vse s. gregory nazianz●ns phrase ) or a false thief preach of truth and honesty . for how many falshoodes , ignorances , and forgeryes haue bene shewed to be in this one dispute of his ? how many , and how grosse lyes haue bene detected ? whereof his booke is so fraught and furnished to the full , as it is hard to say , whether any one number be free from the same● for in one only thing in the compasse of little more then one page , in laying downe . proofes , he hath made at least . vntruthes , whereby the reader may see , how i should be ouercloyed , if in laying forth examples of his dealing in this kind , which now i come to treat of , i should stand vpon all particulers . but i will take a shorter course , and to this disputation adioyne a short examen of some few lyes , and these such only , as concerne the person of his aduersary , wherin as i am sure , that i haue left very many vntouched● so doe i also thinke , that some of them are more vrgent and iniurious , then those are which now i shall produce . . the cause wherefore immediatly after m. barlows transparē● ignorance i adioyne his vntruthes● is for that if it be possible one of them may excuse the other , it being a receaued axiome amongst deuines , that it is a lesse syn to lye out of ignorance then of malice● and the apostle excused himself by this meane● when he said . qui priùs blasph●mus fui , & persecutor , & contum●li●sus , sed misericordiam dei consecutus sum , qui● ignorans feci in in●redulitate . i who before was a blasphemer , and a persecutor , and contumelious ; but i haue obteyned gods mercy● because i did it being ignorant in incredulity . and i wish from my hart that this mercy , after so many blasphemyes , iniuryes done to catholicks , and most contumelious reproaches against all sorts of men of neuer so singular sanctity & learning , powred now forth in the tyme of his ignorāt incredulity , may fall vpon m. barlow , which is the worst and greatest reuenge i doe wish him . . this i say i would wish , but such as know the dispositiō of these mē , although they find thē ignorāt inough , yet not alwayes to offend of ignorance as it is a negatiō of knowledg , but rather of that which of the deuines is called ignorātia prauae dispositionis , because they will follow their erroneous iudgmēt , & loue lyes , more then the truth ; howsoeuer to make fooles fayne , they cry out against equiuocation , & such as do maintayne the same . for so did also our late woodden embassadour at venice , who against the iesuits and their doctrine in this point , would be often very free , & as himself thought very ingenious also , but more free in this art of lying . for being at auspurge , & requested to write some motto , or sentence , with the subscription of his name thereunto , was not ashamed to professe it to be the chiefest point of his office , writing the definition of an embassadour thus : legatus est virbonus , peregrè missus ad mentiendum reipublicae causa . domino ioanni fleckhamero in perpetuum amicitiae pignus ; henricus wottonius serenissimi angliae , scotiae , franciae , & hyberniae regis orator primus ad venetos . augustae vindeliciae . augusti , anno christiano . that is : an embassadour is a good man , sent far from home to lye for the good of the cōmon-wealth . to m. iohn fleckhamer for a perpetuall pledge of friendship , henry wotton the first embassadour of the most soueraigne king of england , scotland , france , and ireland to the venetians . at augusta vindelica the . of august , in the christian yeare . . so this witty gentleman , defining himselfe ( to vse m. barlowes fantasticall phrase ) by his essentiall & * kindly parts , to with a good man that can lye well . and whether in the last tumults of venice betwixt the sea apostolick and that cōmon-wealth he discharged not throughly this part of his charge , and that very essentially & kindly also , i refer me to them who receaued his letters , and know what he wrote . surely m. barlow in this booke is so copious therein , that if other of his owne ranke in our countrey , were to be defined by him , a protestant english bishop should be nothing els , but an ignorant superintendent that can lye , raile , & flatter notoriously . of his ignorance we haue already seene some proofe , now let vs see how well he can lye . . in the twelueth page he telleth the reader , that f. persons hauing wished the destruction of the kings maiesty by the gunpowder-plot , and by hope deuoured the same , he came on his iourney a good step ( as some report ) towards england , that he might haue song te deum in his natiue countrey , for the good successe of that happy exployt . and this againe he repeats in the . page , saying : as if there were no difference between him that should say , f. persons was almost vpon the sea coast of england , expecting the issue of the powder-plot , and his , that should auer , that he was vpon the sea coast , and shipt for england . so he . . this vntruth both for the iniury done to f. persons , & for the improbability of the thing it self , which hath not so much as any shaddow of truth , deserueth the first place ; all rome knowing the contrary to be most true , that for the yeare before and after the powder-plot , the said father was alwayes in the citty , or in the places neere adioyning : and at this very tyme whē m. barlow would haue him to be on the sea coast he was sick in bed , in which as his weakenes would permit either himselfe to write , or to dictate to another , he refuted the fifth part of syr edward cookes reports , which refutation is vnanswered as yet by him , and not answerable by any . neyther can m. barlow plead ignorance in this case , seeing that in the arraignment of f. garnet , where there was so much forcing and streyning of things to the vttermost , as well against the said f. persons in particuler , as the whole order in generall , there was no mention made heerof , nor yet in the printed bookes both english and latyn , which since haue been set forth of that matter . . vvas the thing so small , trow you , as that it deserued not a remembrance at least in that action in which far lesse presumptions then this were so tragically exaggerated ? or could there haue byn imagined a more forcible proofe , or more direct meanes for the discrediting that order , then to haue conuinced , by this iourney , the only superiour of all the english mission , to haue knowne and approued the same ? no m. barlow , had this happened , all you ministers ( genus irritabile vatum ) had sounded it out with full mouth , all pulpits , all bookes had proclaimed it , all princes courts , yea all cornes of christendome had been cloyed with embassages , pamphlets , inuectiues , and clamors against him : and therefore to set downe this fiction in print , well sheweth how far your malice ouerwent your wit , howsoeuer you temper the first place with this parenthesis ( as some report ) for you could not but know that they reported a lie ; as you doe againe with exceeding impudent malice , when you write , but proue it not , that f persons had his hart , hand and head in the powder-plot . but i see that in you verified , pudet non esse impudentem , you are ashamed that you are not shamel●s● . in the . page of his booke he makes in a different letter cyting also the place , f. persons to say : that as some of the fathers , who to amimate the persecuted christians , d●scribed the l●wd life and fearefull end of their pers●cutors ( as nero and domitian ) so he to comfort the catholick traytors , must reuile and bely that worthy queene , the rather for that she was a woman . so he : printing only the word bely in ordinary letters , as though all the rest had byn the words of the father . but without any belying m. barlow , i must tell him , that here are three lyes in two lynes : for neyther doth f. persons call catholiks traitors , whome in most of his bookes he hath defended and cleared from that false imputation ; neyther doth he say , that he must reuyle queene elizabeth , neyther that he will doe it the rather , for that she is a woman : and yet m. barlow presently replyeth , saying : if f. persons haue no other comfort th●n to cheer them vp , because a woman quelled their insolency ; then may the diuell be comforted &c. what ●ill you say to this man ? f. persons saith , that q. elizabeth was the first woman christian , or created , that tooke vpon her supreme power in spirituall or ecclesiasticall matters , and m. barlow cannot refell the same , nor doth he go about it : but from his owne chayr of oracles , tels vs , without further proofe , that she was no vsurper by nouell-clayme , and that god had annexed it to her crowne ; and insteed of prouing this , entreth into the commendation of women , as if f. persons had discommended them : but the truth is , he saw , that thereby he had more matter for talke , and authority for proofe , then in the barren subiect of the feminine supremacy , of which before q. elizabeth no example can be shewed , and therfore he accommodated f. persons text to serue to his purpose in that behalfe . . againe m. barlow saith , that f. persons in his viro doloso , his doleman , had renounced his part in our soueraigne , and pronounced him elswhere a desperate and forlorne hereticke ; yea they are his expresse words , whosoeuer shall consent to the succession of a protestant , is a most greiuous and d●mnable sinner . so he : and here i must tell him that this is an expresse lye , or rather that here be as many lyes as lynes ; for neither hath f. persons renounced his part in our soueraigne , neyther euer pronounced him elswhere a desperate and forlorne hereticke , with which none but some desperate forlorne hereticke indeed , like m barlow , would euer haue charged him : neyther are the other f. persons expresse words , for in that place he neyther nameth , nor meaneth a protestant , more then a puritan , brownist , or else a catholik , as in the place by me here cyted is by himselfe declared . and doth not thē m. barlow for his writing deserue a good reward of a siluer ●hetstone ? is this dealing episcopall , or not rather diabolicall by such lying and forged fictions to do so open iniury to others ? another in this kind he maketh in his commentary on these words of f. persons , as he cyteth them ( for in the text they are other ) as i shall shew . as for catholiks ( saith he ) they accept euen the least fauour gratefully , as hoping to haue receaued much greater ( as due vnto thē ) if his ma●●sty had not bene preu●nt●d by sinister information . so m. barlow relateth his words , by making a parenthesis at ( as due vnto them ) and then setting downe the other , as immediatly following , if his mai●sty had not byn pr●uented by sinister information . but let vs heare f. person● speak in his owne words , as they lye in the letter , & thereby both the fidelity of m. barlow in cyting them , and the truth of his answere in replying against them , will the better appeare . thus then he saith : as for catholicks , they accept gratefully whatsoeuer least fauour hath bene , or is done vnto th●m ; and do not doubt , but that if his mai●sty had not bene preuented by sinist●r information , and perswasion of others , they had tasted of much great●r , as due vnto them , in that th●y are naturall borne subi●cts of the r●alme , most loyall in hart , and aff●ction : and neuer meaning otherwise but to liue in most ord●rly & duti●ull subiection , & obedi●nce to his highnes , as to their li●ge lord and souer●y●ne &c. so f. p●r●ons . and who could vse more myld and moderate words to expresse the dutifull mindes of catholiks , towards his maiesty , then he doth in these ? . but let vs see m. barlowes commentary by which alone will sufficiently appeare with what malignant spirit his mind is possessed . for if hell it self w●re let loose , it is hard to say , whether all the diuells togeather would make a mo●e false , more w●●ked● or more iniurious answere , then he hath done . for thus he writeth . h●re iudas is turn●d into caiphas , & sp●akes a truth as pr●sident of the couns●ll for the powder-plot : the reuealing thereof by a letter vnexpected , he cunningly calls a sinister information , which indeed preu●nted his maiesty from feeling the euent of that dreadf●ll ●esigne , and them also of their gr●ater hopes , which here he c●lls their dve , as if all but they were vsurpers : for had not the preu●ntion hapned , the greatest places of the land ( which they in hope had swallowed ) had ●ene now at their disposall , and this preuention he calls sinister , as vnlucky vnto them &c so this lying minister . for that he doth here most loudly and lewdly lye , needeth no other proofe then the comparing of f. persons words , with this answere of his , which can no more stand togeather , then fire and water , truth with falshood , or ( for that he playeth the beast so brutishly in this place ) to vse his owne example , no more th●n moy●es his oxe and asse in on● yoake . . for were not his wit very little , and honesty lesse , he would neuer shew such fraudulent malignity in facing so heynous a matter without all ground , proofe , or semblable coniecture , especially seeing in f. persons the fauour mentioned , to be meant only of that which his maiesty shewed at his entrance . for these are his words almost in the next ensuing lines : if there had b●n● no p●rse●utiō before that treason , this might haue b●n● assign●d for some probable cause of the subs●quent tribulation● : but all england knoweth , that this is not so , but that his mai●sties sweet and mild asp●ct towards catholicks at his first entran●e , was soone by art of their en●myes , au●rted , long b●fore the conspiracy fell out &c. which words fully declare , what he meant by sinister informati●n and perswasion of oth●rs , and m. barlow willing to dazle the readers eyes , and imprint in his mind a suspition of f. p●rs●ns his acknowledge of the powder-plot , first by a hist●ron proteron , inuerteth his words , cobling in some of his owne , and then frameth a glosse , which , notwithstanding all his dealing , agreeth not with the text : so good a writer he is , as he knoweth not of one thing how to inferre another , for these words , as hoping to haue receiued much gr●ater , cited by m barlow in a different letter , are not f. p●rs●ns words ; neither doth f. persons shut vp ( as due vnto them ) within a parēthesis , as immediatly following the former sentence ; and the wordes , if his maiesty had not bene preuented by sinister information , in f. persons goe before the other , as due vnto them , and are there so plainly explicated , as none but some malicious minister could be ignorant of his meaning . . yet after all this cutting off , transposition , inuersion , & changing in so short a sentence , to take it as it pleaseth m. barlow to giue it , how will the conclusion drawne therof , agree with the premisses , catholicks had receaued at his maiesties hands greater fauours as due vnto them , if he had not bene preuented by sinister information ? how , i say , will it follow , that by sinister informatiō f. persons meant the reuealing of the powder-plot by a letter , which , saith he , preuented his maiesty from f●eling the euent of that dreadfull designe ? and againe : and this preuention he calls sinister , as vnlucky to them : adding moreouer , that the hopes which f. persons meant to be due to the catholiks , were those which should haue ensued vnto them by that treason , which ( saith m. barlow ) here he calls their dve , as if all , but they , were vsurpers . are not these good inferences ? is not this christian and charitable proceeding ? what learning , truth , or modesty will allow this barbarous collection , and th●● in one who taketh vpon him to write in defence of a prince , and would be reputed in the church for a bishop ? but wo be to those sheep , that are fed and led by so perfidious a pastour . . the like perfidiousnes he sheweth in cyting f. persons words , where he maketh him in a different letter to say , speaking of the warrs which some popes haue had with the emperours ; that eyther they were not vnlawfully done , or els the causes were iust , or ( saith m. barlow , which is a pretty passage numb . . ) the popes haue perswaded themselues they were iust , and therfore as a generall in the field pursued them as open enemies , or as a iudge vpon the bench commaunded execution to be done vpon them , as malefactors . and hauing set downe these wordes , as if f. persons had spoken them , be beginneth to reply against them with this insulting entrance . but first who girt the sword to the popes side ? but i may better retort this interrogation vpon m. barlow , and aske him ; but first , who taught him to ly so loud ? for in all the . nūber which he calles a pretty passage , where will he find these wordes ; and therefore as a generall in the field pursued them as open enemies , or as a iudge vpon the bench cōmaunded execution to be done vpon them , as malefactors ? and if these wordes be neither there , nor in any other place of f. persons , is not this a pretty passage , or rather a paltry cosenage , and lying liberty in this minister , to make his aduersary to speake what himselfe listeth , and especially in such an odious manner and matter , as here he doth , printing the words malefactors , in great capitall letters , as though f. persōs had said , that popes may cōmaund execution to be done vpon princes , as vpō malefactors , which is nothing els but the capital lying of m. barlow ? . perhaps the reader heere will aske , vpon what ground this charge is made , for it is to be supposed , that he had some foundation for the same , in the discourse of f. persons , albeit he followed not precisely the wordes , but their sense & meaning , from which it is to be thought that he hath no way swarued : but hereunto i answere , that neither the wordes or sense is to be found of this matter in the passage cyted , and all that can be drawne to this purpose in the . number are these very wordes of the beginning : and so if s●●● popes haue had iust warrs with some princes , kings 〈◊〉 emperours , or haue persuaded themselues that they we●● iust in respect of some supposed disorders of the said prince● ( as here is mentioned the war and other hostile proceeding● of pope gregory the seauenth against the emperour he●●● the fourth ) this is not contrary to the saying of cardi●●● bellarmine , that no pope euer commaunded any prince 〈◊〉 be murthered , or allowed thereof , after it was done by 〈◊〉 other . these are f. persons words ; for which in his nam● m. barlow guieth vs these : the popes haue perswade● themselues the ( warrs ) were iust , and therefore as a generall in the field pursued them as open enemyes , or as a iudg● vpon the bench commaunded execution to be done vpon thē● as malefactors . and doe you not think● he hath played well his prize ? i will end this matter , where m. barlow doth begyn it , to wit with his ep●●stle dedicatory , which although it be written to 〈◊〉 maiesty , yet he blusheth not in the same to tell him , that f. persons hath through his whole booke discharged his rancor both against his person and apology . againe : that he careth not what he writes , nor whome he reuiles , nor how t' is taken . and that , he hath in the basest sort with his scorning ribaldry defiled and b●smeared two sacred princes successiuely raigning . and that , he cannot hould , but must needs regorge ( his spirit is so turbulēt and vnquiet : ) and as hierome speaketh of heluidius , maledicere omnibus bonae cōscientiae signum arbitratur , he thinks his conscience then best discharged when he hath reuiled most . and againe , if the obiection be , that i haue not spared from reproaching him , i deny it not . how could i forbear● , or who can blame me ? none that eyther hath loyall hart to your maiestie , being our gracious soueraigne , or christian regard of her ( who late was ) that euer blessed q●eene . . and that you may know the taske which he hath taken by interposing himselfe in this answere , between f. persons and his maiesty , how great it is , & with what resolution against all aduentures he is bent to goe through with the same , he sticketh not for courage to compare himselfe to the roman curtius , who cast himselfe into the stinkng gulfe ; and for patience to the holy martyr s. sebastian : for so out of s. ambrose he sayth : against me let him empty his whole quiuer of reproaches : all of them i hope will be like the roman arrows shot against s. sebastian , drawne with bent force , loos'● with much ease , but receaued with strong comfort . so is th●s valiant captaine fenced against all assaultes and prepared with armour of proofe for all encounters . but yet euen in this very brauery of his , he cannot forbeare his wonted forgery . for s. ambrose vpon the . psalme hath nor ●ny mentiō of s. sebastiās arrows , and therfore m. barlow out of his good pollicy cyted not the octonary , but the whole volume , least if he had made any direct reference , the reader had soone espied the deceipt . but this is a small fault in m. barlow : we must be forced to ouerpasse & pardon much greater . . hauing thus set forth himselfe , & as though he were a spartan , a curti●● , a s. sebastian , he so contemptibly speake●h of his aduersary , as if in respect of him he were b●t like a littl● mouse in the paw of a liō , whom a man ( saith m. barlow ) can neither auoid without calumny , nor encounter but with blot of infamy , nor cō●uer with hope of any ma●stery : and ●herefor● approueth ●is mai●●ties opinion , who a● h● sai●● , ●●●●dged a rope the fittest answere for him : but in my booke in this very page here cited i find his maiesty , to say , that an hangman is fittest to answere such an historian ; alluding worthily to m. barlow who was to answere him : for hi● answere better befitteth a man of that trade then eyther a bishop , or deuine , or one that would be taken for both , to write and set forth , and yet notwithstanding in the end of his epistle he vauntingly promiseth to himself security from any reply thereunto from f. persons : for verbalize , ●e saith● he can , dispute he cannot : in stories he is a great florisher , but a false relator of them● who so inioynes him a modest answere doth vndoe him . neither his age , nor profession , neither shame of the world , nor feare of god , nor grace of the spirit , can mortifie his nature , or restraine his tongue . thus to his m●●●stie : and after in his short admonition to the reader , he addeth : the stile in respect of my place and pr●fession may peraduenture be adiudged too bitter , but c●●pared with his person , and reuiling veyne against two such christiā monarches , no one iote therof , in exact surui●●● of better iudgment , is eyther pared off or spared at all . so m. barlow . . and do you not thinke that he hath her● described some cynicall proteus , or railing zoylus , 〈◊〉 raging thiestes , whose tongue is so intemperate , and stile so contumelious , as would moue euen one that can beare all iniuries of other mens tongues , as p●tiently as s. sebastian did his arrowes , to inueigh against him , and requite him in the same method and man●●● of speach ? and that none who beareth either loyall hart to his maiesty , or christian regard to m. barlows deare deceassed mistresse , can blame him for vsi●● this sharp reiection in their defence ? moreouer , t●●● how bi●●●rly soeuer he speake against his aduersar●es , yet compared with his person , and reuiling veyne against two princes , no io●e was to be pared , and spared , because ( forsooth ) a modest answere would vndoe him , and therfore m. barlow is forced to be immodest ( euen ●gains● his mild disposition you may be sure ) and to answere him with such intemperate scurrilitie as he doth , when as yet no modest man would euer be moued , much lesse forced thereunto , for that is the speciall praise of the vertuous , neuer to be drawne to d●● ill by the prouocation or bad example of the wicked . . but let vs examine the charge it sel● , which how much the greater and more grieuous it is , the more it requireth on his behalfe plaine and euident proofe : for none can be free where it sufficeth only to accuse . wherefore seing that he is so copious in accusing with such variety of phrases and sentences , let vs consider a litle , how the thing it self is euicted , what words , what witnesses , what probable coniectures , inductions , or presumptiōs are brought for the same : we handle not now a speculatiue question , in which variety of iudgements may breed diuersity of opinions , neyther talke we of china or mex●co , and what is done in them , from whence the length of the way as it may weary the trauaylers , so also weaken the credit of their reports : our controuersie is about a matter of fact , and that registred , as he will haue it , in a printed booke , in which if either m. barlow or any other for him can find any r●uiling● ( such are the loathsome vnsauory phrases of this impure minister ) against his mai●sties person that now is ( as for q. elizabeth i remit him to the ensuing discussion ) let m●●●●low be belieued , and me discredited , yea let all his raylying passe for modest reason , his lying for ●ruth● 〈◊〉 for an honest mā . but if no such thing be to be found , as i acertayne the reader , that it cannot , them let m. barlow be knowne to haue made a notoriou●ly to his maiestie in print , and haue that credit hereafter which such shameles dealing doth deserue , and thereward also if you will , which such get who stand for the best game . . truly so far is f. persons from all reuyling or whatsoeuer else inciuility against his maiesties person , whome he alwaies honoured , and whome after the attayning of the crowne of england , as his dread lord and soueraigne he most dutifully respected , 〈◊〉 that he doth not any where speake of him without due regard and honour , commending his great humanity , royall nature , and noble disposition , with other partes and talents , wherewithall he is indued ; for which this minister is much offended ( as being loath that any should prayse him but himselfe ) calling the father iudas , and comparing him to the diuell , who confessed christ to be the sonne of god ; and then makes his maiesty to answere him ; what euill haue i done , vt hic tam nequam de me tam bene loqueretur , that so bad a fellow as this is , should speake so well of me ? can we gather grapes of thrones , or figgs of thistles ? is not this that selfe same persons , who ( as the priests witnes ) laboured to excommunicate so long agoe his maiesty , as an obstinate and forlor●e heretick● ? lo how m. barlow taketh it to the hart that the father should praise his maiesty , and how scornfully he speaketh of so gra●e and ●eue●●●● a man. but such ru●●ian-like immodes●y we mus● bea●e with●ll in this vnmānerly minister , whose i●s●icall behauiour is such , as well shewes what his education hath bene , and of what vertuous disposition and iudgmēt , he is . for were i disposed to encounter with him in this veyne , i would say , that mutato nomine , de te fabula narratur , and his maiesty hath more cause to fear the fawning flattery of such as seeke to raise themselues by other mens ruines , and are ready in case their fortunes should faile them whome now they flatter , to tread on their necks , defile , & besmeare them all they can in deed then of f. persons , whose sincerity , iudgement , vertue● and constancie knowne to the world was such , as all the honours and preferments that the earth could yield him , of which he refused more then euer m● barlow can hope to haue , were neuer able to bend him to this base seruility , as to turne his sailes with euery wind , praise and dispraise , now to kisse , and after to kill : which how much it raigneth in the other , for that all doe see , i shall for the present forbeare to speake . . and whereas for confirmation hereof he saith , or rather demaundeth , if this be not that persons , who , as the priests wittnes , laboured so long ago to excōmunicate his maiesty , as an obstinate & forlorne heretick ? i an●were , that neyther the priests , vnles he speake by e●●allage numeri , witnes any such thing , for it was but ●one watson , & he also by m. brancrost of canterbury●aught ●aught in his seely quodlibets how to lye in print . nei●her did the father euer attempt any such matter , or vse any such tearmes against his maiesty at all : and it ●s a signe that m. barlowes proofes are very beggarly , and his conscience and capacity not very good wh●● he stoopeth to gather vp these off●lls , out of that raylatiue lying-libell condemned by all modest men , as well catholicks , as protestants , and recalled w●●● grief by the writer himselfe at the hower of his death in the presence of many hundreds , when he asked the iesuits forgiuenes that he had so slandered them , and much lamented that euer he had se● forth any such booke , which many thinke he would neuer haue do● , had not m. mortons suggesting diuel r c. so much ●ēpted him therunto ; at lea●t he would haue for borre frō so open vntruthes , of which i can make ( when need shall be ) an euident demonstration , and therefore the testimonyes taken from that infamous libell , are with all wise men of as much credit , as if they had bene cyted out of aesops fables , or the acts and monuments of iohn fox . . yet least that the reader should thinke m. barlow so shameles , as without all colour and probability to make so false and iniurious a charge of f. persons railing against his maiesty : or himselfe complai●● of my cōcealing his arguments , as fearing their force , i shall very briefly touch some two or three of thē , which are so good and demonstratiue , as that they nee● no other answere to confute them , then their bare recitall . f. p●rs●ns thinking the apology to haue ben● written by thomas montag●e , as most did here suppo●● before the cōming forth of the premonition , put downe in the text t. m. but in the margent answering therunto , his name at length ; how doth m. barlow , thinke you , draw an argument from hence to proue that all which is sayd against this minister , was di●ectly spoken against the kings maiesty by f. p●rsons ? strangly without doubt : for thus he writeth . by these two letters , if he will speake without ●quiuocatiō , he meant tua or tanta maiestas . thus he maketh f. p●rsons against his owne mind & meaning , to vnderstand by these letters what liketh him to forge ; for without this fiction of his , there were no d●filing , or b●smearing to be found against his maiesty at all , vnles i say , he should turne thomas montague , into so great a maiesty . but let vs see another . ● . f. persons shewing , that in an oath compoūded of many clauses , if one amongst them all be false , that the whole cannot be taken as it lyeth , and that the refusall of the whole , for that one clause excepted against , cannot infer the deniall of all the rest combined therewithall , which are not lyable to that exception . for cleerer explication hereof he bringeth forth two examples , saying● as if some would say , that plato was a man borne in gre●●● , of an exellent wit , skilfull in the greeke language , most exellent of all other philosophers , and would require this to be confirmed by an oath ; some platonist perhaps would be content to sweare it : but if some st●ick , or peripat●tick , or professor of some other sect in philosophy , should refuse the said oath , in respect of the last clause , might a man infer against him in all the other clauses also , ●●go he denieth plato to be a man ? he denyeth him to be borne in greece ? he denyeth him to be of an exellent wit ? he denyeth him to be skilfull in the greek tongue & c ? were not this a bad kind of arguing ? . so in like māner , if an arian , or pelagian prince should exact an oath at his subiects hands , concerning diuers articles of religion , that were belieued by them both , & in the end , or middle thereof should insert some clauses soūding to the fauour of their ow●● sect , for which the subiect should refuse the whole body of that oath as it was conceyued ; could the other ●● iustice accuse him , for denying all the seuerall articles ●● his owne religiō also which therin are mētioned ? w●●● seeth not the iniustice of this manner of dealing● s● far f. persons . out of which discourse , what trow yo● doth m. barlow infer ? he secretly ( saith he ) girds a his maiesty , for being both a philosopher ( which is h●● maiest●es great glory & our realmes happines● for true philosophy ioyned to go●ernment , regulates the scepter , to the subiects comfort , and the kingdomes renowne ) and an heretick also ; a perfect slaunder in them both : for by that religion which they call heresie , he doth truly glorifie the god of heauen . so he and who can deny● but that here is also besmearing as m. barlow hath framed his cōmētary ? but i verily thinke that god is little glorified by such bad glosses , so little coherent , yea so cleane repugnan● to the text . let vs come to the last , for hasten to a● end of this preface , & meane not to make any longer demurr vpon this kind of sycophancy . . the most potent proofe of all the rest to euince , that f. persons wrote against his maiesty and not t. m. which m. barlow will haue to be demonstratiue , and therfore setteth it out with his ministeriall eloquence and episcopall grauity , is taken from these words of the said father , where hauing āswered the obiectiōs made against the liues of some pope● he concludeth thus . if a man would goe about to discredit kingly authority , by all the misdeeds of particuler kings that haue byn registred by historiographers , since the tyme that popes began , he should finde no doubt aboundāt ma●●er , and such , as could not be defended by any probability . and yet doth this preiudicate nothing to princely power or dignity , and much lesse in our case , where the facts themselues obiected , are eyther exaggerated , increased , wrested , or● altogeater falsified . . to this what replyeth m. barlow ? here first ( saith he ) is verified that speach of seneca , nemo personam diu ferre potest , art cannot long estrange nature . but as the apologue d●scrib●s venus transformed waiting-mayde , who beeing trickt vp like a gentlewomā , mink'st it a while till she spied a mouse , but then made it knowne she was a cat : so this censurer , who all this while would make the reader belieue that he confuted onely one t. m. the yonger , and would seeme to take no knowledge , that our gra●ious soueraigue had to doe in the apology : now being exasp●rate with this round canuasin● of the pope , and knowing that it will be descried for the stile and veine of more th●n an ordinary man , he forgets his dissembled aduersary● & lik● a perfit iesuit retorts vpon the king. thus he . but how is this proued ? heare i pray , and admire the wisdome of syr william . for if t. m. ( saith he ) were the tru● apolog●r , the recrimination had bene more fit both in resp●ct of these precedēt instances of popes , and that supp●s●d author to haue made the comparison between bishops & minist●rs . but if i answere him againe , that it was more fitly made betweene king● & popes in respect of their supreme authority which is not lost by the demerit of their liues , he hath nothing to reply therunto , but that all they who weare the habit , or are inuested into holy orders amongst protestants ( i vse his ●wne words ) are not free from notorious vices and scandalous to the world : which i confesse , and none i thinke can with any reason or truth gaine-say the same . . by these then , and such like reasons he would proue f. persons to haue written against hi● maiesty : whatsoeuer he said against thomas mountague , and consequently to haue railed against him , which although they be very childish , ridiculous , and impertinent as you haue seene , prouing nothing but his owne sicophancy , yet as though they were cleerer mathematicall demons●rations then any in euclide , he buildeth all his accusation vpon them , and sayth , as you haue heard , that he could not without touch of disloyaltie forbeare from reproach , and that in respect of f. persons reuiling veyne , nothing at all was to be pared , or spared ; telling his maiesty , that neyther the shame of the world , nor feare of god , nor grace of the spirit , can mortify his nature , or restraine his tongue , but citeth no sentēce , word or syllable for the same , but such as you haue heard . with m barlow , whose rayling i meane heere to examine , i will deale more really , and out of his owne words shew , what feare of god he hath , what shame of the world , what grace of the spirit , what mortified nature , what mod●st tongue , and then leaue it to readers iudgment to determine , whether in such brutish reuiling , no sparing , or paring were to be vsed or not . . in his epistle dedicatory which is not very long , besides the reproaches mentioned of rancour , scorning , ribaldry , defiling , besmearing , regorging , and the like , he calleth f. persons a debos●ed abiect , and vnreformed hypocrite ( belike m. barlow is a reformed one ) a rakeshame , rabshekah , of a prostituted conscience & impudency , whose very name is the epitome of all contumely being as currant in a pro●erb as was once the name of daedalus : in omni fabula & daedali execratio : for no libell can come from rome , but persons is presently supposed and noysed to be author , and the more vile , the more persons like , a creature that doth rage & snarle &c. thus much to his maiesty himselfe . and is not this thinke you , fit for a prince to read , or pre●ēded prelate to write ? is the grauity , learning , modesty , and vertue of the english clergy , for which our country before this reuolt was most famous , so lost , as insteed of answering like deuines , to see one bearing himselfe for a bishop , to renew the old comedy , in an epistle to his soueraigne & a booke written in his defēce , which euē on the heathen stage was so much misliked & condemned by all ? . to this begining is sutable the whole worke which followes , or rather much worse . for in the very entrance after he hath set down what order he will obserue , and repeated some of f. persons words , but falsly after his accustomed manner , he calleth him a ranging voluntary runnagate , an hispanized camelion , the brat of an incubus , filius terrae , no true englishman eyther in hart or by birth . this is his first assault , rude & ruffianlike as you see : and then afterwardes he telleth of the disgorging the gall of his bitternes , and the venemous rancour of his cancred hart by his rabshakeis pen ; that he is the abstract quintessence of all coynes , coggeries & forgeries , that lyes , dissembles , equiuocates at euery word ; this fugitiue tenebrio , persons , robin cowbucke , parasite and trayterous clawbacke , a knowne incendiary , this serpens epidaurius the diuells schollar , his deuillity reader , spiritus mendax in ore omnium prophetarum , this boutefeaux , he disgorgeth out of his filthy throat by his diuelish pen &c. and is there heer no paring , nor sparing to be vsed in the iudgment of m. barlows exact surueyers ? truely eyther their suru●y was not very exact , or their iudgmēt small , or els they were not his friēds , that would permit such scurrility to passe in print , without controlle , to his euerlasting shame and discredit . . there were no end , if i would stand on all particulers , for in lesse then the compasse of one leaffe he vseth all these reuiling ●earmes , a blackm●●thed shemey , famous for nothing but for capitall infamies , a bastard by birth , a libeller by custome , a factionist in society , an expulst academian , rung out with bells , as a carted strumpet with pannes , for a graceles companion , a diabolicall machiauellian , a staine of humanity , a corrupter of all honesty . againe , a camelion for his profession , a backsliding apostata , a periured intruder , a dissolute libertine in act , in choice , in mayntenanee , a fugitiue with discontented runnagates , a viperous complotter against his country● a firebrand of treasonable combustious by pen and aduice ; and ( which of all other is most remarkeable ) a iesuit b● proxye , a votary by substitution , a paduan mountebanke , and empericall quack-saluer , a disdainfull scorner of all reproofe or counsell , and yet a scorned vassall by all the pope● he hath serued , a dog to snarle &c. this canker of youth● this spawne of vipers , this slaue of sathan &c. a dead dog being whiles he liues a rotten carcase of a poisoned cur , infected in his entralls , and infecting with his fauour the ay●● he breathes , and the land where he had hi● first breath , a miching cur , a car●only cur &c. as if he were the porter of had●s , carons mastiffe , plutoes cerberus , he ●arrowe● tartar and ( i tremble to write it ) feignes with a wish ( q. elizabeths ) glorified soule in a gastly ghost to speake from hell . so he● and to all this there needeth no other answer , thē medici mediā pertundite● venam . the ma● is more then halfe mad . . only this by the way , i must tell him , ●hat here with his immodesty is conioyned exceeding great malignity , in calumniating the birth & parents of f. persons , which though by some passionate and foolish watson , in the heat of his dissention & contradiction against him , without all proofe or probability , was called into question , yet could not m. barlow but know , that the sayd reproachfull slaunder was refuted by the father himselfe , in his booke of apology for the archpriest , & manifestation of folly and bad spirit , which ●ater m. barlow doth often cyte ( and i thinke in one place , the very page where this is handled ) in which f. persōs proueth how free his birth was frō all such suspition , and his proofes are so playne and pregnant , as m. barlow , if he were set to proue his owne legitimation , would not , nay could not proue it better , & perhaps not so well . and it argueth little wit , and ●hame in the man , but much malice and great desire to hurt , in repeating againe these refuted slaūders , which as well for the falshood they contayne , and iniury to the said father , he should by the rules of christian charity and conscience haue forborne ; as also for the honour of their owne clergy , in respect of his brother , who ( the more pitty ) by profession is one of m. barlowes owne ranke , i meane a protestant minister , and is as much iniured by this infamous lye , as f. persons himself . . for according to his wonted manner not of modesty but of reproachfull ribaldry , he calleth their mother ( a very graue ma●rone ) pasiphae , and he● husband actaeon , and minotaurus : belike his mother married one of her owne sonnes , for so was mino●auru● to pasiphae . and as for actaeon , if i would learne by the example of m. barlow to be immodest , i could tell him , if report● may be credited , where per●●●● neerer home he may finde a friend , who laying 〈◊〉 hand on his brest ( i will forbeare his forehead ) may truely say , actaeon ego sum : but howsoeuer that be , s●●rely if from the dispositiō of the children a ghesse may be made of the parents deportment , as from the frui●● we gather of what nature the tree is that did beare it● well may we thinke that f. persons mother was modest , wise , graue and vertuous , because himself wa● so ; and that m. barlows mother was eyther some hecuba , whome the poets for her railing feigne to haue bene turned into a dog , or proserpina that hath brought forth to the world this hellish spirit & serpētine tongue , inflámata à gehenna , that alwayes br●aketh forth into such virulent acerbity , lying , detraction , railing , and all manner of sycophancy , as in euery place almost , and passage of his booke we doe find . . his other example of an expulst academi●● , rung out with bells , which m. barlow adorneth with th●● comparison well beseeming his episcopall grauiti● ( as a carted strumpet with panns ) we can eas●●y pardo● , as more tending to the fathers honour , then any way at all to his disgrace for had not his feruour and forwardnes towards the catholick religion bene very singular , the professed enemyes thereof had neuer shewed such extreme spite , malice , and rancour ●gainst him , as they did vvhose iniury done in this behalfe is no more disparagemēt vnto him in the sight of god , his angells , saints , and all sober men , thē it was to the apostles to be vvhipped by the ievves , s. fulgentius by the arians , or s. paul to fly from d●masco in a basket by the wall . if the cause be good , be the penalty neuer so sharp , base or shamefull i● the sight of men , yet in the eyes of him who aba●ed himselfe to death , & to the death of the crosse for our sakes , whose followers and disciples we are , it is most pretious , most honorable , most glorious . wherefore to f. persons we may well apply that sentence of s. hierome , where speaking of his zeale against hereticks he saith : respondebo me numquam haereticis p●percisse , sed omni egisse studio , vt hostes ecclesiae mei quoque hostes fie●ent . i will answer them , that i neuer spared hereticks but haue laboured by all meanes i could , that the enemyes of the church , might also be my enemyes . so s. hierome : and so f. persons : and consequently if ●his zeale against them procured their enmitie , and their enmitie brake forth into this hereticall insolēcy , i nothing doubt , but that now as well his painfull endeauours in his workes and writings against them , as his patient endurance of the wrongs and iniuryes he receaued by them , are both crowned in heauen with their due reward of immortall glory . in which respect we may say to m. barlow , as s. bernard in the ●ike case did to another , quid iustius , quid iucundius , quàm vt quem reprehendere intendis plùs commendes , vt praeconijs pro conuitijs vtaris nescius , & volens detrahere , laudes inuitus ? that is ; what is more iust , what more comfortable then that you should the more honour him whome you go about to reproue ; that vnwitting you shoul● for reproaches vse praises , and desiring to detract ( f. persons ) that euen against your will you should commend him ? but let vs returne againe to the railing rhetorick of m. barlow . . within some two leaues after , as though he were in deuotionis templo , at his praiers , or amongst the lindians , or coribantes at their sacrifices , he saith , that f. persons is bill'd by the deuill , and enrolled in 〈◊〉 catalogue of the damned ; that he hath all the markes of 〈◊〉 r●probate ; his braine the forge of mischiefe ; his face the ●●uile of impudency ; his hart the minthouse of treasons to 〈◊〉 country ; a libelling hand restles & truthles ; a rayling tong●● without measure or discretion ; his throat an open sepulcher● his feet swife for bloudshed , & interiora impietas , his very entralls the inwards of impiety ; in briefe the engarbled an●tomy of a damned wretch , beyng branded with cai● marke , that no man may attach to punish ●ym heere &c. these are the episcopall tearmes of m. barlow , an● you may imagine what forceth him to this fury . were the truth on their syde , they needed not defile their pen●s with this filth ; but leesers must haue leaue to talke , and the ignorant to raue , when they are not able to frame better answers . . many more of these flowers of m. b●●●lowes folly , or rather frenzy , i might produce , if the reader were delighted with their noysome sauour , whose most common title of the father , is curr , or do●● for so you haue now heard him call him , a dogg to sna●●● a dead dog , a rotten carcase of a poys●ned curr , a mych●● curr , a carionly curr , carons mastiffe , plutoes cerb●rus , & afterwards , a curr that snarles , a currish bloudhound , an oppro●rious curr , base bone-gnawer . and whereas f. p●rsons made this demaund of the author of the apology whome he tooke to be thomas mountagne : a●● needeth no more , syr , but this to condemne both ●onfesso●● and popes of conspiring the last queenes death ? m. barlow answereth hereunto : there needs no more ( cvrr ) then that : writing the word cvrr , in great capitall letters , for else the reader should not haue discouered him so well to be a great capitall foole . moreouer he calleth him turpissima bestia , a practised equiuocatour , an equiuocating malepardus . from beasts and doggs , he cometh to the diuell , and compareth the father to him , as he is diabolus , as he is satan , as he is lucifer : in respect of which , and the precedent tearmes , these which follow , that he is an impostume of all corruptions , a sycophant , the popes scauinger , a misbegotten catechristicall companion , cogging & shamles companion , perfidious hypocrite , and the like , may seeme very mild and moderate , though yet most repugnant to the modesty of any honest or well-minded man. . and albeit this tempestuous storme of m. barlowes immodest and vnchristianlike railing , do fall specially vpon f. persons , yet he forbeareth not also others of higher calling , and more eminent degree , who ( euen by his owne rule ) are further from enuy , which ( as he telleth his maiestie in the beginning of his epistle ) stretcheth herselfe no higher then these which are a mans equalls , or somwhat his superiours : and in that respect , and euen by the rules of cōmon ciuility should haue bene spared , had not this minister after that once he had broken the limits of modesty , earnestly endeauoured to be egregiously impudent , and therefore he forbeareth none , but euen this present pope for his mildnes , vertue , wisdome , and learning most laudable , he calleth out of m. bluetts relation ( if you will beleiue him ) a rash speaker , & a heady vndertaket , of a most violent spirit , & impatient of contradiction : & in other places a busy polypragmon , a man wedded to his owne will , and newly possessed of pope ioanes chaire , the grandfather of the romish ●rats , an only breue-compounder . and as the man is witty , so he interpreteth the words of the apocalyps , sciens quod breue tempus habet , thus● the ( pope ) knowing that his tyme is but a breue . cardinal bellarmyne he abuseth more grosly , for he calleth him , a cardinall parasite , the lenocinating pander of the whore of babylon , the whit-lyuerd red-cap , his roguing trycks , and the lyke . . besyds these personall reproaches , he hath many also more generall of the whole order of iesuits , in which liue so many men of great nobility of bloud , exquisite learning , & rare vertue , for which amongst all good men they are renowned , and hated specially of hereticks , infidels , and bad christians : this man measuring and describing them all by himselfe , & his fellow ministers of england saith , that they are a society , which like anniballs army is gathered ex collu●●● omnium gentium , of the resuse & male-contents of all nations , cemented into a fraternity as the walls of babylon , buylt with the demolished rubbish of babells tower , nourished by the pope as the ianizaries by the turke , to be the valiantest cut-throates of true christians their owne natiue coutrymen . so in one passage without interruption : and in another he saith , that iesuits are the principall boutefeaux , and incendiary make-bates through all christendome , who laying fuell to fire , with their doctrine kindle , & with their counsayle enflame the mynds of princes in iealouzies ech of other , & the naturall subiects with disloyall cō● spiracyes against their lawfull soueraignes . so he . but this ranke blast with them shaketh no corne , all princes & people , with whom they liue , seeing with their eyes , and knowing by their experience the quite contrary . but rayling and lying with this minister , to vse his owne phrase , seeme to be his very kindly & essentiall partes . . neyther is he content with this immodesty against christs vicar , and other vertuous men , but loosing the raynes of his vnbridled tongue , as a ship without a sterne , is carried where the fury of his passion , like a strong winde , doth transport him , and opens his mouth against heauen it selfe , and the saints therein , by storming or blasphemously speaking of three of them , to wit , s. gregory , and s. leo , both which are for their rare examples of life , admirable knowledge , & renowned labours surnamed the great , & s. martyn no lesse eminent in all māner of sanctity , for which all the learned fathers since his tyme haue neuer spoken of him but with singular reuerence , and very speciall commēdation . of s. gregory with a solemnelye he telleth the reader , that b●llarmyne maketh their great sainted - pope eyther an hypocryte to giue the emperour a hayle - maister ( whom in hart he contemned , yea accounted a persecutour , saith persons ) or else a temporizing luke-warme laodicaean , that for feare or constraint would yield to any thing against his consciēce , that the emperour would commaund . and can there be any thing more contumeliously and lucian-like spoken then this ? neyther hath the cardinall any word or clause , that can be drawne hereunto , without manifold iniurious wresting and peruerting of his whole scope , drift , & meaning , as the reader , if he list ●o peruse the place will soone confesse . . towards s. leo he is much more exorbitant calling him the eloquent proud pope , and saying , that he hath certayne hyperbolycall phrases , wherwith he sets forth s. peters authority , especially that blasphemous speach of his , that our lord did take s. peter into the fellowship of the indiuisible vnity , such an impious & prophanely proud assertion , as a christian hart would tremble to imagine it , and his hand abhor to write it . so he . and i thinke that al● christian harts will more tremble & abhor the impious and prophane proud audacity , and blasphemo●● villany of this wicked miscreant , for his base reuiling so glorious a saint , then any words vsed by s. leo , which by the author of the supplement are defended , & proued to contayne nothing but true and catholicke doctrine , consonant to the scriptures , counsell , & all antiquity s. martyn he calleth a sullen surly prelate , taxing his vnciuill vsing of the emperour , and proud thoughts , from which he was so free , as he is by all writers specially commended for the contrary , & made a rare example and mirrour of humility . but m barlow hath leaue as it should seeme of his exact suru●yours ( as once the clazemonians had of the sparthians● indecorè facere , to spare none , but to rayle , lye , an● blaspheme the highest and lowest , lyuing and dead , gods seruants on earth , & his saints in heauen , with whome , vnlesse he repent , he will neuer haue any part or portion , quia maledici regnum dei non possidebunt . . there would be no end , if i should vnfold all that he hath in this kind , which i forbeare to do● any further as hauing already layd forth so much as may cloy the reader , and cleerly shew the spirit of the man. for if , as cassiodorus writeth , speculum cordis hominum verba sunt , the words of men are the looking glasse of their hart , for from the aboundance of the hart the mouth doth speake , we must needs see what a sinke of iniquity lyeth in the hart of this man , from which so many lyes , contumelies , slaunders , blasphemyes , and wicked impure words haue proceeded ; what immodest malice , that spareth none , abuseth all ; what malicious immodesty , that shameth not to a base ●t selfe to the most vile and beastly tearmes which be●ore haue bene set downe , and are too filthy here to ●e againe repeated . truely whosoeuer will with vn●artia●l affection iudge hereof , will soone see , and confesse that m. barlow is more trayned and better practised in his schoole , who is accusator fratrum , or his , qui aperuit os suum in blasp●emias , then our sauiours , whose wisdome as s. iames saith , is pudica , pacifica &c. peaceable and modest , of which he shall find this minister quite deuoid , without sēse or feeling at all . . and by this also he may further ghesse where to find the diuels scholler indeed , and his d●uillity reader ( to vse m. barlows words ) if he list to seek him , for i report me to all modest men , whether this manner of writing or rather railing haue not more deuillity , then diuinity in it , and whether it doe not better beseeme a diuell thus to speake , then a deuine to write , vnles perhaps such a deuine as for his degree of doctorship made his positiō of the possessiō of diuels , and in defending the negatiue ( a strange assertion ) was so much in the tearmes of obsession , circumsession & possession , answering & distinguishing so ridulously whē the maister of queens colledge pressed him , as if he had bene some coniurers boy , that had bene to go forth maister of the black art , and not m● barlow to proceed doctor of diuinity : and as none will deny but that the argument of possession of diuels did very much fit his humour , so must i needs say , that cambridge was a very vnfit place for such a doctour , when as both the dogmaticall position , and disposition of the man deserued rather a b●dlam or bridewell , then any oxford or cambridge to be stayned withall . for there is neyther mad man in the one , or bad woman in the other , but that may yet learne to raue and raile of m. barlow , though he haue this speciall priuiledge more then they , to set that out in print to the view of all , which some of them perhaps would be ashamed to speake priuately in their chambers between themselues alone . . i could here out of better proofe then the infamous quodlibets , or other such like libells which are m. barlows chiefest authors and authorityes against f. persons , shew other examples of his proud & insolent behauiour , i meane by such witnesses as both saw and heard what passed at lincolne , for that he was not so honorably receaued as he did expect , though yet he had much more honour done him then he did deserue . for preaching in his parish at s. edwards o● the feast of the circumcision , not so much vpon the ghospell and present solemnitie , as against syr ioh● cuts there present ( for cutting belike some benefice , or part therof from him ) he was so enraged , as neyther the place , tyme , auditory , or the matter he hādled could keep him from open reproach , but that he must needs tell that out of the pulpit , which s●an● be fitted an alebench , that now euery iack would become a cutter , with other words to that effect , which i forbeare in this place , as myndfull of my promise not to bring witnesse or proofe against m. barlow , but m. barlow himself . these things with many other in a more ample processe may come forth hereafter , if insteed of answering our bookes he prouoke vs againe , as here he hath done with his intemperate scurrility . from his rayling let vs come to his flattery . . witty was the answere of the cynicke , who being asked what beast had sharpest teeth to byte , ●nswered , that of wyld beasts the detractor or rayler , ●f tame the flatterer . and the fathers well note , ●hat commonly these two vices combyned togea●her in the same subiect . parasitus ( saith s. hierome ) ●n contumelijs gloriatur : the parasite delighteth in reproa●hes . and s. chrysostome : nihil muliebrius est , quàm ●obor in lingua habere , & in conuicijs superbire , sicut para●●ti & adulatores &c. porci magis sunt quàm homines , ●uotquot in hoc gloriantur . there is nothing more effe●inate , then for a man to haue his strength in his ton●ue , to take pride in rayling , as parasites & flatterers vse ●o doe . as many as doe glory in this are more to be ●steemed swyne then men . so this father in this short ●entence , giuing a sharp censure of m. barlowes booke ●o flattering , so raylatiue , as it passeth all modesty & measure . of the later we haue already seene some ex●mples , now you shall see how he can fawne , that did before so reproachfully byte , but with all breuity , as being loath for some respects , to touch the most pregnant examples of this parasite , for feare of further reproofe and check . . you haue heard him blaspheme three saints of ours ( for none of them was a protestant ) now you shall heare him make a new saint of his owne . for hauing spent almost three pages togeather in extolling or rather belying q. elizabeth farr beyond all truth or desert , calling white black , and black white , making light darknes , & darknes light , after he hath made her of all liuing creatures the most admirable on earth , with many bōbasting ph●ases , setting forth her praise , who yet in her life tyme did nothing or very little ( god wot ) that was praise worthy , leauing after . yeares raigne , no other monument in the land of her liuing in it , but that she had pulled downe many churches 〈◊〉 howses , and not so much as buylt or let vp one● or ●rected any thing for posterity to remayne after 〈◊〉 but as xenophon in cyrus did not so much write 〈◊〉 life , as in him describe what a good king should be● so m. barlow in his transformed queen elizabeth , ●●●leth vs not so much what she was indeed , as what 〈◊〉 should haue bene , or as now they would for the cr●dit of their ghospell wish that she had bene : after a●● these encomions giuen of her life , i say , thus he ad●uaunceth her after her death to heauen , and witho●● authority will needs canonize her before her tyme , & to vse his owne phrase , make her an eternized saint● his words be these● for her reward in heauen , if restraints of liberty , and pursuites of malice for gods truth● inflicted through iealousie , and indured with singular pat●●ence ; if a release from them vnexpected , followed with h●●nours , and blessings , neyther interrupted by others ( whe●ther treasons or inuasions ) nor blemished by herselfe with vice criminall , or continued ; if life shut vp after length 〈◊〉 dayes and a full age , with a courage defying death , with● pray●rs imploring mercy , with faith assuring the prayers , with testimo●ies witnessing her assurance , can be preceding coniectures , or rather euidences of vnspeakable happinesse● we may safely conclude , that she which passed through 〈◊〉 crowne of thornes ( borne so constantly ) to a crow●e of gold ( worne so tryumphantly ) hath n●w gotten the thir● of glory , to enioy for euerlasting . . so m. barlow , with more to the same effect● telling how she was an example of v●rtue for her owne to follow , and a loadst irre for other nations to admire , cōcluding with this apostrophe : now this renowned queen , this eternized saint &c. and not to enter into disput● of the truth of his words , nor yet to aske him by what ●ertainty he knowes , that she passed from one of these ●hree crownes to another , especially from the gold ●o glory , which requireth other proofe then this ver●all florish of a few rhetoricall figures , & bare imagi●ary coniectures of that courage , prayers , faith , and testimonies witnessing assurance , which this man sitting in his chamber doth faigne , but she at her death ( if we belieue eye witnesses of much better credit then himselfe ) did little feele ; to omit this , i say , as an idle fancy or fiction rather of this foolish parasite , two things i would demaūd of him : the first that seeing he will needs draw his glorious queen into the calendar of saints , what title or place she shall haue amongst them in the same , for that in ours there is no saint of that sex , but is either virgin , or martyr , or both , or else nec virgo , nec martyr , as are wiues , widdowes , and repentāt sinners . m. barlow shall do well in his next to tell vs , in which of these degrees this his new sainted queen elizabeth is to be placed : perhaps when he hath thought better on the matter , he may find some perplexity , & be content to let her passe for one that was nec virgo , nec martyr , and thrice happy had it bene for her , if she had bene indeed a true repentant sinner . . the other thing is to know , what he thinketh of the renowned mother of his maiesty , whom by this canonizing of q. elizabeth , he must needs condemne to hell-fire , for it is impossible that one heauen should hold both these queenes , in life and beliefe so quite opposite , the one , with great commendation of vertue , remayning in the vnity of the catholick faith , in which , and for which she dyed , to the great admiration and amazement of the whole world , to 〈◊〉 a queene & mother of a king indeed for religion , 〈◊〉 vnder the colour of ●reason , to which foule spot , as 〈◊〉 orator well noteth royall dignity was neuer lyabl● against all law , with all disgrace , ●o l●ose her he●d , 〈◊〉 an ordinary malefactor by way of publick and cō 〈◊〉 iustice , whiles the other liued in all ruffe , pride , and pleasure , followed the fancyes of new vpstart ghospellers , hated and persecuted that faith , wherin notwithstanding vntill the fall of her vnhappy father , 〈◊〉 whole iland frō the first cōuersion had remayned , 〈◊〉 in the end shut vp a wicked lyfe with a miserable & p●tiful death if that may be sayd to be pitifull & miserable which was without all remorse of conscience for f●●mer sinnes , all remonstrance of piety in , and before her agony , all remembrance of her future weale o● woe in the life to come , all naming god as of her selfe , or enduring others that did name him for her , or put her in mind of him ; whatsoeuer this lying minister who is true in nothing , with a few fine phrases chatteth and forgeth to the contrary . . and if it would but please his most excellent maiesty out of his royall respect to his most noble mother to see , who in her person haue alwaies most honoured or dishonoured his , he should soone find , that as in her life tyme the catholiks had her in highest esteeme : so since her death haue registred her in the rāke of martyrs , of whome the glory of this age , cardinal b●ronius ( to name one for all the rest ) writeth thus : porrò eamd●m eccl●siam nobiliss●mam &c. moreouer god in this our age hath permitted that most noble church ( of scotland ) to be tempted , that it might yield a most noble example of christian cōstancy , when as a mōgst ●ther martyrs ( which no other country hath hitherto ●ad ) it hath deserued to haue their owne queene the ●●nguler glory and ornament of the catholick faith , ●efore tryed by a long imprisonment for to be honou●ed with the crowne of martyrdome . so he . as con●rariwise in m. barlows brethrens bookes both at home ●nd abroad he shall find the most iniurious slanders , ●●ying reports , and reproachfull villanies , powred forth ●gainst that innocent princesse , as will make any mans ●ares to glow and hart to rue , to see so little respect of ●rincely maiestie or such insufferable liberty in pro●estant writers , conioyned with singular impudency ●nd fraudulent malignity in imputing the outragious ●ttempts of the trayterous subiects to the queen her●elf , as though she had bene the author of that mis●hiefe which in hart she detested , & with many bitter ●eares , the true tokens of vnfaygned griefe most pitti●ully bewailed ; let one reusn●rus in his geneal●gyes be ●eene ( whose words i abhore to set downe ) and the reader will not thinke me too sharp ; and i must con●esse , that in respect of him m. barlow may seeme pardonable , though yet he be well content to haue his maiestyes mother to lye in hell , so that he may aduance his owne mistresse to heauen . . in flattering his maiesty he is more diffuse , taking all occasions to blaze out his praise , and sometymes forcing occasions where none are offered , and that also on false grounds : in which albeit i will not say , to vse syr th●mas mores phrase , that his gloria patri is a wayes without a sicut erat ( for who knoweth not that there are many great and commendable parts in his maiestie ? ) yet this i dare warrant , that in this booke of his , and the relation of the conference at hampton-court , not big for bulke , but rather small 〈◊〉 respect of many great volumes written by some of th● iesuits bellarmine , suarez , valentia , vasquez , salm●●● tolet , and others , there shall be found more flattery to king iames in this alone , then in all the bookes 〈◊〉 theirs togeather hitherto ●et forth in print , towards 〈◊〉 the popes or princes vnder whom they haue written , or to whom they haue dedicated their learned labours ; so cunning , so carefull , and so copious is th●● fawning parasite to creep into credit , and to pray●● and please them by whom he may hope for prefermēt● examples in this kind do not want , were it as safe 〈◊〉 alleadge them , as it is easie to find them . but i se● what will be answered by him and others of the same seruile spirit , that in reprehending their flattery 〈◊〉 shew our selues impatient of his maiesties glory , and enuy at his worthines ; which how far it is from our thoughts , he who sees all secrets , and searches al● hartes doth know and see . and that i may not seeme● to suspect this without cause , i will only produce o●● passage of his , which will make both the one and the other most cleer . . after his . proofes and . lyes in the history of the second frederick , this without any coherence with the matter in hand , by a needles digression he turneth his speach to speake of his maiesty : it was hi● mai●styes exceeding humility , that he would grace bellarmine ( being but a cardinall ) so much , as to vouchsafe him an answere ; t' is his eminent commendation , that he can readily vnderstand all stories written in this kind or any other , it argues his singular industry , that after so many houres sp●nt in the higher af●aires of the realme , he could take the paines to perus● th●se which he did ; it is his pregnant dex●erity , that he contriued and abridged the discourse with that methode and sincerity , but it was his admirable iudg●ent and wisdome in forbearing variety of other authours which wrote but by heare-say , & deliuered what they wrote vpon the second hand , in this example to pitch principally vpon him who liued in that tyme , and saw & wrote what passed betweene the emperour & the pope , in euery particu●er . true christians and well affected to god-ward , would reioyce to see so gr●at a monarch , so learned , & so expert , considering what the ignorance of kings hath bene heretofore : but this is the catholike enuy and vexation , that not eldad & medad , but monarchs also can prophesie and discouer their weaknesse ; so that whereas now they cannot ( as in former tymes ) enthrall them by superstition , and insult vpon their ignorance , they are enraged against their knowledge , accounting their learning forgerie , and their truth-●elling malice . so m. barlow . . in which passage , drawne in without occasion , besides that the whole ground thereof is vntrue that petrus de vineis ( for of him he speaketh ) li●ed at ●he tyme ( of frederick his death ) and saw and wrote what pass●d in euery particular ( for by a whole cloud of witnesses it is afterwards proued , that he was dead a whole yeare before the emperour , whome they will haue to be poysoned ) the reader doth see what insultation he makes ouer ignorant kings of former tymes ( whome yet this ignorant minister might well haue spared ) and ouer the catholicks , for their en●y of his maiestyes knowledge , of their enthralling men in superstition , accounting their l●arning forgery , and their truth-telling mali●e : which empty froath of idle words , and vntrue surmises we can well beare at his hands , who must needs say somewhat ; and you see what he will say in case i should produce more examples of his flattery , which 〈◊〉 as well to auoid all occasion of such obloquy , as fo● that i meane to draw to an end of this preface do heare forbeare further to recount . . there remayneth after his rayling and flattery , that we speake a word or two of his leuity ( for a lewd tongue and light head are seldome separated ) in his manner of speach and stile , which i the rather no●e , for that it pleased m. barlow to twyte f. persons with the inkhorne tearmes of euacuating , shifting , and trifeling , which words notwithstanding are very vsuall i● our vulgar tongue : and he that should say , that m. barlow doth nothing else but shift , & tryft , would i doub● not , be well vnderstood , albeit he should not speak● altogeather true , for besides that , he doth raile , lye , flatter , forge authorityes , corrupt histories , and the like . but the words which m. barlow vseth are not only not vsuall , but very strāge & vncouth , some of thē being taken from the latin , some from the greek , so●e from the french , others i thinke from the irish , fo● they are neyther greek , latin , fr●nch , or english , not haue , as far as i see , affinity with any other tongues , out of a great heape i will set downe a few . . the word only ( saith he ) doth not so much signifie an hypocoristicall alleuiation , as a compendiary limitation . is not this fine ? and in the same page , more e●pedit for euiden●e , a very per●u●siue forc● . after , cat●●●guised on holy thursday ; to vindicate his credit ; a mend●cious vanity : and then togeather : this reliance vnrepe●●●able , is it not in them thus tyed , a vassallage of slauery ? & i● the pope thus bynding them ( look to himself ) an oultrec●i●dance of tyrany ? and in respect of kings a license for disloyalty in their subiects , and their allumetts of treason to their ●ersons ? so he . and do you not thinke , that this gētlemā can speak frēch ? doe not these words well beseem & adorne an english stile ? in other places . porter of hades ; this boutife aux is acquainted ; if he renege and de●y his prof●ssion ; no enterparte for exchange ; a sarcasti●all ●corne ; pharmatized with ●uch druggs ; a coalition of distinct regimēts ; some so wild that no disciplyne will cicure them ; many vse to robb with the valures ; this fal●e atomite ; the profi●able mythologies of poetts fables ; insulting pseudo-apostles ; ●ainted affections may marr good orisons ; the apologer had ●hus metaphrased ; neyther was her a●thority any thing anoindred or made lesse ; treacherous and vnnaturall cheui●ance ; from his didacticall we must follow him to his historicall skill ; the popes ouer-awing surquedry ; of an oultrecuidant pope ; a diametrall renouncing ; an iteritious pamphlet . these are his forrain phrases , fectht far from home , and therefore fit for ladyes : let vs see some few of his that are more domesticall . . in the very first page he telleth f. persons that he might haue left the blunting or disloding of the tripled wedge ( two pretty metaphors ) to him that weares the triple crowne . a litle after . an itching arme desires still to be scrubd ; to retriue an author ; aiax the whipper wreaking his teene vpon a ram ; as sowters stretch leather with their teeth , he saith , that christ gaue his body to the smy●ers , his cheekes to the nippers ; a burt in his throat ; the pudder of different opinions ; they should settle their conscience not startle it ; a frapting discourse ; fayned blandishments● to distinguish vpon any hint ; the apostle aduised ●ot to draw in a count●r-ietting yoke with infidells , in that orbytie and age to embroider the popes ingratitude , in this iering scorn● ; a priest and his recepter ; let them garr their wiues ; more awkward and violent ; a pingle of trifles ; a counterscarfe of examples ; an empericall quack-saluer ; rebecke by oppos●● prouokes to wrath ; to start into circumstances ; a strong c●●̄tershocke ; to detort or defalke ; a scorning flur ; a bloud gl●s●● , to besm●er with his glauering balme ; the rechaffment to disloyall attempts ; frampold dealing ; a decade of reasons to d●s● the pope &c. i leaue more then i take of these tear●e● and yet here are more then i well vnderstand : he shall not doe amisse , if he write againe , for the ease of his reader , to se● out some dictionary to the end he may the better know the signification of these new words , or elsse i verily suppose he will be mistaken in many . . i will end all this matter with that which is most vsuall , most grosse and palpable in m. barlow , to wit his forgery , and corrupting of authors by exchange , addition , or subtraction of their words , inuerting wholy their sense and meaning : as in others very often , as well anciēt as moderne , so for the most part alwayes when in a different character he setteth downe ( as he would haue it seeme ) the text of his aduersary , & then taketh occasion vpon his owne word● foysted in , to carpe , rayle , & insult ouer him● the occasion of which foule fault in him , i find to be eyther his owne praise , of which he is very desirous , the disgrace of his aduersary , or the reliefe of his cau●e , when by no other way he is else able to shift , & auoyd the force of the authorityes produced against him , in ech kind : but very briefly i will alleage an example , without any choyce as they shall occur to my handes , for who so listeth to read his booke , & examine what he readeth , shall hardly in any place misse of examples . . in the epistle to his maiesty , he saith , that against f. persons rayling he will comfort himselfe with that conclusion of s. hierom : caninam facundiam seru●s d●mini pariter exp●riatur & vnctas , accounting it my glory ( saith he ) that the same creature should rage and sn●rle at me , the lords vnworthy minister , which hath not spared two royall monarches the lords annointed and amounted . this text is fit as you see , for m. barlowes purpose : for none can deny it , to be a great glory to this vnworthy minister , to be ioyned with royall monarches the lords annointed and amounted . but in the author , i meane s. hierome himselfe , there is no mention of any such minister , or monarch ; there is no annointing , no amounting ; for he only speaketh of the b. virgin , and mother of our sauiour , saying , or rather concluding his whole dispute with this sentence . caninam facundiam seruus domini pariter experiatur & mater : i shall with cōfort endure his rayling , who togeather with me reuiles the mother of our lord. so he . which full little concerneth this minister , who with his mates rather ioine with heluidius to dispraise her , then with s. hierom & the cath. church to defend or commend her , as all the world doth see . ● . of abusing f. persons words , i haue spoken before , in relating m. barlowes vntruthes , & vpō other occasiōs : one place more i will here adioyne , in which wit● the forgery he sheweth great malice & other ruffiālike misdemeanour , for thus he citeth f. p●rsons words . a third thing is an abvse offered by his maiesty to the words & meaning of the breue , namely that the king should charge the pope with vndeuinelike doctrine , for saying that the oath conteyned many things apertly contrary to faith and saluation , as if therby the pope should say or meane that naturall allegiance to their soueraigne and kin● , were directly opposite to fayth and saluation of soules . so he printing and noting the wordes as taken out of f. persons booke , with different characters , marginall comma's as in the beginning he promised the reader to do , saying : the iesuits speaches through this whole booke are printed in the smaller letter alwayes with this marke ● in the beginning of the line prefixed . and who then that shall read these wordes will not thinke them all to be the wordes of f. persons ? and that he had in expresse tearmes abused his maiesty , with the charge of offering ●buse to the pope ? especially seeing m. barlow in his reply against him to ●harpen his pen , & to dip it deep in gall with this virulent answere . the high priest himselfe would not haue vsed such a sawcy tearme of abvse as this rightly malepart , that is , misbegotten catachristical● c●mpanion hath done , but if it appeare that the popes words imply so much , and that necessarily , quid dabitur viro ? what shal be done to him that knetcheth this opprobrious curr ? for what is this vncircumcised iesuite , that he should in so base tearmes scurri●ize so great a king. so he . . and none can deny but that here he hath shewed himselfe , both a feruent and furious defender of his maiesty , for his rage doth ouer-runn his witt , & his words all modesty . but not to stand vpon his immodesty , which is a quality inseparable from the subiect , i would aske him in christian charity , why he hath put downe these as the words of f. persons , or where they are to be found in his booke ? doth he euer say● that his maiesty offered abvse ? or doth he vse the tearmes of vndeuinelike doctrine ? what malice , what forgery , or rather what villany is this , to make f. persons directly to charge his maiesty , as in his own words with offering abuse , who in his booke hath no one such word or sillable ? all that he hath , is against him , whom he tooke to be the author of the apology , whom for the reasons he alleaged in the very begining of his letter , & for other respects he could not perswad himself to be his maiesty , as all know who then liued and conuersed with him , and heard him seriously giue his iudgment thereof . the true words of f. persons which m. barlow should haue cyted are these : heare now , what abuse is offered to the words and meaning of the breue , euery simple reader will see without any explycation from me . for that the pope doth not prohibite naturall obedience in things lawfull ; nor doth say , that such naturall , or ciuill obedience is opposite to faith or saluation of soules ; nor that the oath is vnlawfull , for exhibiting such naturall or ciuill obedience : but for that , besides this exaction of naturall obedience , which is lawfull , it conteyneth diuers other points also , concerning matters of catholicke religion &c. let the reader compare them , with those which in the fathers name m. barlow hath giuen vs , & he shal soone see how well , whē he is disposed to rayle , he can forge a text to befit his argumēt , & what cōscience he maketh to abuse his reader , or slaunder his aduersary . . another notorious forgery he vseth in cutting away of words when he is so conuinced by them , as he cannot reply . for proofe that henry the fourth emperour was taken out of his graue the day after his buriall by the popes commaundment , m. barl●w will needs bring a clowd of witnesses , which f. persons hath so dispersed , as that all the thunder and lightning will fall on m. barlows owne head . for the emperour dying at liege where he was besi●ged by the yong emperour his sonne , and being vnburied againe the next day after his buriall , how could the pope procure it to be done ? belike they dispatched m. barlows cut-speed the poast who in one night went from liege to rome . myles and returned againe ere morning . but least that this should be espied , m. barlow out of his authors pareth away the word pridie , the day before , and then leaues the tyme indeterminate in them all , as it may by his cyting thē as well seeme to haue byn done a yeare , as a day before : for which matter i refer him to the discussion it self , where this in due place is more largely handled . . i will end with one place more wherewith the forgery is ioyned also incredible impudency , as the author of the supplement doth more fully handle and cleerly euince against him . yow haue before heard m. barlows bould assertion , touching vnity of names about a place obiected out of s. leo , saying , that s. peter was assumpted in cōsortium indiuiduae vnitatis , which f. persons sayd was answered long since by m. harding , to be meant of vnity of name . what saith m. barlow hereunto ? speake in sooth , honest censurer ( saith he ) is vnity of names hardings owne distinction in answere to bishop iewel● ? himself denieth it ; for m. harding saith that leo meāt therby an vnitie in quality an vnity in grace , an vnity that is proper to christ himself , and mention●th no vnity of name , for though he were a corrupt doctor , yet was he a better d●uine then to speake so absurdly as persons would heer make him . is not this very confidētly spoken thinke you ? and yet the reader must know that in this very place which m. barlow himelf cyteth , in the margent , punctually setting downe the leaff , in this very leasse , i say , after the words of m. barlow of vnity of quallity , vnity of grace he addeth againe and againe vnity of name , & neuer saith an vnity that is proper to christ himself . and what then will you say to the brazen forhead of this shameles man , affirming that d. harding mentioneth no vnity ●f name ; yea that himself d●nyeth i● ? againe , that he saith an vnity that is proper to christ hims●l● ? truly i cannot heere but thinke of a sentence of s. augustine which he wrote against one , vsing far lesse impudency then this , that if m. barlow proceed on in this manner , puto quod ipsum libri sui atram●ntunm erubescendo conuertetur in minium : i thinke the very inke of his booke with blushing will become v●rmil●ion . i add no other examples of this perfidious dealing , yet if m. barlow list to see them he shall find good store in the last chapter of the supplement , to the which i remit him . . by these euictions gentle reader ( that i may heere conclude all this matter ) of m. barlows ignorance , grammaticall , historicall , scripturall , theologicall , of his lying , sycophancy rayling , fooleries and forgeries , of his bad di●puting , thrasonicall vaūting , and other impertinencyes , and misdemeanour in writing , thow maiest without further proofe be able of thy self to iudge , how vnfit a sparthan he was to enter this combat , & how true the censure is which before i gaue of him , and of his booke : which the more i consider the more i admire , eyther how he was chosen to vvrite , being so vveake , or his writing suffered to passe with so sleight suruiew , and with the apostle to say , sic non erat inter vos sapiens &c. is your ministery so bare , and deuinity so barren , that no more learned man then this ignorant and shameles superintendent could be found to defend his maiesty or write in this controuersy ? or is your cause become now so desperate , as that the weaknes and wickednes therof , enforceth you to these hard shifts , and disgracefull attempts ? yf it be the truth you seeke , why vse you so many and so manifest lyes ? if the controuersy y●● handle belong to fayth , or good life , what needeth so fraudulēt , so faithles , & persidious dealing ? if all authors stād for you , why do you corrupt their words , peruert their meaning ? if the aduersary you answer be so weake as you make him , at least let him speake in his owne words , and then will your refutation in that respect carry with it the more credit . say not that which you cannot proue : meddle not with that which you doe not vnderstand : forge not accusations , and then take the aduantage of your owne fictions : deale like christiās , deale like deuines if you haue any diuinity at all amongst you ; let things be handled as their nature require , as it becomes the person of the writer , as is best for the readers direction for finding the truth in case the iniquity of your cause , and weaknes of your ability can beare it , and then we will not complaine ; but setting aside all personall reproaches ( to which this minister aboue his fellowes is more subiect ) insist only vpon the cause in controuersy vt res cum re , causa cum causa , ratio cum ratione concertet . . this course had m. barlow or could he haue holden , we should not haue had so many ouersights , so grosse and childish ignorance , such lewd railing , such sycophancy , so many words , so little matter , so much chaffe without all substance , so huge a heape of vntruthes , so great brags , so weake proofes ; and is fine we should haue found some diuinity besides erasmus chiliads , martialls epigrams and other poets , for of such pedling and pelting stuff is his whole booke composed : we should not haue seene such false citations such mistaking , and corrupting of authors , such strāge and vnchristian assertions , and other misdemeanours of which i haue laied forth some examples , but haue left many more then i haue taken , and in some of the heads touched more aduantagions also for the cause it self , then those which i haue alleadged , as who so listeth with any diligence to confer m. barlows booke with f. persons letter , or examine the passages he cyteth of others , or his owne discourse , collections and inferences , will soone perceaue . . wherefore i wish thee , good reader , vpon that which hath bene said to weigh first the difference both in the spirit and method of these two men , and that by no other ballance then their owne bookes , for thereby thou shalt see where truth , where vertue , and learning is : and contrariwise where falshood , forgery , and ignorance . the letter is in many mens hands , and so is m. barlow his booke , doe but confront them togeather and thou shalt in the one find grauity , iudgment , learning method in writing , modesty , truth & what else should be in one that handleth a question of that nature ; and in the other neyther stile , nor order , nor modesty or any grauity , learning , or truth at all : and for the manner of his writing , it is so harsh , patched togeather like a beggars cloake , and like a sick mans dreame so ill coherent ( vnles it be when he flatters , for then he striues of purpose to be eloquent ) as in reading the same i often thought of that censure of s. hierome against iouinian , who was as fond in his latin phrases as m. barlow is in his english : qu●tie●cumque cum legero , vbi me defecerit spiritus , ibi est distinctio , totum incipit , totum pendet ex altero , nescias quid cui cohareat : as often as i read him where my breath shall faile me there is a full point : the whole begins , the whole depend● of some what else , that a man knowes not what coherence one thing hath with another . . withall thow mayest obserue what strange impudency it was in m. barlow to tell his maiesty , that f. persons railing was such , as neither his age , 〈◊〉 profession , neither shame of the world , nor feare of god , nor grace of the spirit , could mortifie his nature , or restraine his tongue : when as out of that letter which he answereth , there is no sentence or syllable , that can sound of such insolency ; but his tongue hath so ouerlashed , as neither age , nor profession , nor shame , nor feare , no● grace could restraine it . and if that such intempera●● and vnsincere dealing be the grace of protestants spirits , there needeth no great tryall to be made , for discerning them from what sourg or fountayne they proceed , or whether they be g●od or bad . and whereas he mentioneth prof●ssion , alluding , as i take it , to the religious profession of father p●rsons , m. barlow must know that in catholicke doctrine , the state of a bishop is of more perfection in it selfe ● then is the state of a religious man , and so he taking himselfe for such a one , should haue shewed more modesty then f. persons , in case he had bene immodest , as he was not . but men gather not grapes from thornes , nor from such religion , such bishops , such spirits , expect any other flowers , or fruite then are wont to grow in such gardens , to wit , in the barren soile of ignorance , pride , and hereticall peruersity . . againe consider i pray you , what regard is to be had to the censures of these men , which they passe vpon catholike bookes , that are set out against them . for not knowing which way to turne themselues to answere , they thinke it no ill policy to make the reader belieue , that they are of no worth , the authors contemptible , their proofes none at all . this m. barlow doth often ; & m. andrews also maketh his first entrance with the same to his last booke . so likewise before them did m. whitaker against the rhemes testament , and m. iewell against doctor harding , which shamefull shift , they neuer vse so much , as when they know least what else to reply . for proofe whereof , if there were no other argument , let their owne writing against vs be seen , especially this answer of m. barlow , in which his charges are fierce & frequent ; but when tryall is to be made , he falleth eyther to forging of texts , or corrupting of authors , or idle & ignorant babling , or to worse dealing as hath bene shewed . on the contrary side , we for cleerer euidence and vpright dealing , charge him with no more then we do proue ; nor take any other proofe , then what is deduced from his owne words , or else plainly expressed by them ; & that without any mutation , addition , chopping , or any māner of wresting them to another sense & meaning , then they of their owne nature do beare , & m. barlow himselfe when he wrote them did intend . . last of all if m. barlow mislike , that he is not stiled with a more honorable ty●le , as well in this preface , as in the discussion & supplement , besides that himself acknowledgeth it sufficiēt honour to haue the name maister , which ( saith he ) put to the surname of any man , is an addition of worship : so we must tell him , that we giue it not , for that we find no ground or foūdation for the same . for which cause neyther harding against iewell or stapleton against horne , or others against other of the superintendents haue bestowed other tytle then maister , as not acknowledging them to be any byshops at all . and for mine owne part i take m. barlowes wife , whether she be his lady or mistri● for the feminine sex ( to vse his owne words ) must predominate which way so●uer inclyned ) to be as much bishop of lincolne as he . and albeit m. barlow say in one place , that sure maister iewell was as lawfull a byshop , as m. bellarmine is a cardinall , and deserues the tytle as well ; surely i must tell him that he is much mistaken , for so much as of cardinall bellarmins being cardinall there can be no doubt , seeing he was made by the pope , who only can , & euer yet hath made cardinalls , such as now we speake of . but of m. iewells being byshop we haue not so much certainty , yea we haue no certainty at all . for who i pray you made him ? who gaue him his iurisdiction ? who imposed hands vpon him ? what orders had they ? what byshops were they ? . true it is , that both he , sands , scory , hor●e , grindall , and others , ( if i mistake not their names ) in the beginning of the raigne of q. elizabeth mett at the horse-head in cheepside ( a fit signe for such a sacrament ) and being disappointed of the catholike byshop of landaffe , who should there haue come to consecrate them , they vsed the like art that the lollards once did , in another matter , who being desirous to cate flesh on good friday , and yet fearing the penalties of the lawes in such cases appointed , tooke a pigge & d●uing him vnder the water , said downe pigge and vp pi●● , and then after constantly auouched that they had eaten no flesh bu● fi●h : so i say these graue prelates assēbled as aforesayd , seeing the byshop whom they expected came not , to consecrate them , they dealt with s●ory of h●r●ford to doe it , who when they were all on their knees , caused him , who kneeled downe iohn iewell , to rise vp byshop of salisbury , & he that was robert horne before , to rise vp byshop of winchester , and so forthwith all the rest● which horse-head ordering , was after confirmed synodically by parlament , wherin they were acknowledged for true byshops : and it was further enacted , that none should make any doubt or call in question that ordination . . this was the first ordering of m. iewell & the rest , as i haue bene enformed by one that heard it from m. neale reader of the hebrw lecture in oxford , * who was there present , & an eye witnes of what was done and passed . perhaps for a further complemēt to supply all defects in the matter or forme of this ordering , q. elizabeth as head of the church , did as a noble woman is said to haue done neere vienna , of whom schererius the lutheran writeth : ante paucos annos , non procul hinc mulier quaedam nobilis per impositionem muliebrium suarum manuum , & lintei quo praecingebatur loco stolae , filiorum suorum preceptorum ad praedicanticum officium vocauit , ordinauit , & consecrauit . a few yeares since , not farr from hence , a certayne noble woman did call the maister of her children , to the office of a preacher ( or minister ) and did order and consecrate him by the imposition of her hands , and of her apron which she did vse in steed of a stole . whether any such imposition of hands , aprons , or kyrtles , were vsed to these first prelates by q. elizabeth afterwards i know not : but i haue bene credibly enformed , that maister whitgift would not be byshop of canterbury vntill he had kneeled downe , & the queene had laid her hands on his head : by which i suppose , ex opere operato ; he receaued no grace . . to conclude , seeing that against m. doctor harding , m. iewell could neuer proue himself a bishop● as the reader may see at large , in the place here by 〈◊〉 cyted , i will not put m. barlow to proue the same , f●● i see the length of his foote , & quid valeant humeri q●●● ferre recus●nt , where m. iewell failed , to seeke m. barlowes supply were ridiculous ; it shall suffice him to answere for al his owne ouersights in this booke , to learne to be modest , to take heed how he dealeth with schoole men , to write truely , to study to vnderstand well the controuersie wherof he writeth , and finally to write as a scholler , as a deuine , at least as an honest man ( of all which the very easiest is too hard in my opinion for him to performe ) & thē i dare promise him , that with all candor , sincerity , and modesty by one or other , he shall be answered . and if in some things i might seeme to haue bene too sharp : yet in respect of his base and bitter veyne , whatsoeuer i haue said , will seeme i doubt not to be both myld and temperate . faultes escaped in the preface quate●n . ( c ) pag. . nu . . in margine versus finem . adde , nubrig . l. . cap. . eodem quatern . pag. . lin . . nu . . species producatur , lege , species praedicatur . quatern . ( d ) pag. . lin . . nu . . iudge not , ●ege , i iudge not . quatern . ( f ) pag. . lin . . num . . dele , the affirmatiue or negatiue . quatern . ( k ) pag. . l. . nu . . f. persons , lege fathers person . of points concerning the nevv oath of allegiance , handled in the kings apology ; before the popes breues : and discussed in my former letter : chap. i. for as much as good order and method in writing giueth alwaies great light and ease to the reader , my meaning is in this ensuing worke to insist speci●lly vpon the three parts touc●ed rather then treat●d at large in my letter against the apology : which letter m. barlow hath in his booke pretended to answer● and that also in three parts according to the former diuision of the epistle , wherof the first part doth conteine such points , as the apology did handle by way of preface , as it were , before the popes two breues , especially concerning the substance , and circumstances of the new oath . the second , such other matters , as by occasion of the sayd two breues were brought into dispute by way eyther of impugnation , or defence . the third doth comprehend cardinall bellarmi●● his letter to m. blackwell , togeather with the view , and examination of what had beene written in the apology against the same . and albeit it doth grieue me not a little to be forced to leese so much good tyme , frō other more profitable exercises , as to goe ouer these matters againe , especially with so idle an aduersary , as you will find in eff●ct m. barlow euery where to be : yet shall i endeuour to recōpence somewhat to the reader this losse of time , by choosing out the principall matters only , & by drawing to light my said aduersaries volunta●y , and affected obscurity , vsing also the greatest breuity that i may , without ouermuch preiudice to perspicuity , which i greatly loue , as the lanterne or rather looking glasse wherby to find out the truth , and for that cause so carefully fled by my aduersary , as in the progresse of this our contention will be discouered . for that as diuinely our sauiour sayd : qui male agit , odit lucem , & non venit ad lucem , ne arguantur op●ra eius : he that doth euill , hateth the light , and will not come at it , least his workes be discouered therby . but we must draw him hereunto , and for better method we shall reduce the most chiefe and principall heades of ech part vnto certayne sections or paragraphes , which may help the memory of the reader . abovt the trve author of the apology for the oath of allegiance . §. i. first then , for that it hath byn sufficiently obserued before , and the reader hath byn aduertised also therof , that in all my aduersaries allegatiōs of my words ( when they are in any number ) he commonly falsifieth them , or offereth some other abuse to the same , by altering them to his purpose , or inserting his owne among mine , and yet setting downe all in a different letter , as if meerly they were myne ; i shal be inforced as occasion is offered , to repeat my owne lynes , as they ly in my owne booke , that therby i may be vnderstood , and his answere to me conceaued , which hardly can be , as he hudleth vp both the one , and the other , desiring to walke in a mist of darknes : the euent shall shew , whether i speake this vpon good grounds , or no. now to the narration it selfe . and so first hauing receaued from my friend in england the aforesayd apology of triplex cuneus , concerning the new oath of allegiance , now called the kings , and perused the same with some attention , i wrote backe againe to my sayd friend , as followeth , being the very first lines . i cannot but yeild you harty thankes ( my louing friend ) for the new booke you sent me ouer by guntar , at his last passage : for albeit i haue determined with my selfe in this my banis●ment to spend my tyme in other studies more profitable , then in contention about controuersies : yet must i needs acc●pt kindly of your good will , in making me partaker of your newes there . and more glad should i haue byn , if you had aduertised me what your , and other mens opinion , was of the booke in your partes , then that you request me to write our mens iudgment from hence . and yet for so much as you require it so earnestly at my hands , and that the party is to returne presently , i shall say somewhat with the greatest breuity that i can : albeit i do not doubt , but that the parties that are principally interessed there●●●ill answere the same much more largely . first then , for the author , for so much as he setteth 〈◊〉 downe his name , it seemeth not so easy to ghesse : yet the more generall opinion in these partes is , that as that odious discouery of roman do●trine , and practises , which of late you haue seene answered , was cast forth against the catholickes , vnder the cyphred name of t. m. with direction ( as he said ) from superiours , the autho●● being in deede but an inferiour minister ; so diuers thinke it to be probable , that this other booke also cōmeth from some other t. m. of like condition , t●ough in respect of his office , somewhat neerer to his mai●sty , to whom perhaps he might shew the same ( as the other dedicated his ) and thereupon might presume to set it forth authoritate regia , as in the first front of the booke is set downe somewhat dif●●rent from other bookes , and cause it to be printed by barker his mai●sties printer , and adorned in the second page with the kings armes , and other like deuises , wherin our english ministers do gr●● now , to be very bold , and do hope to haue in tyme the hand which scottish ministers once had . but i most certainly do perswade my selfe , that his maiestie neuer read aduisedly all , that in this booke is contayned . for that , i take him to be of such iudgement , & honour , as ●e would neuer haue let passe sundry thinges , that here are published , contrary to them both . thus i wrote at that tyme , of my coniecture about the author of the said apology , alleaging also certayne reasons in both the foresayd kindes , which albeit they be ouerlong to be repeated heere , yet one or two of ech kind , especially such as master barlow pretendeth to answere , may not be pretermitted . as for example ( sayd i ) his highnes great iudgmēt would presently haue discouered , that the state o● the q●●stion is twice or thrice changed in this apology , and that thin● proued by allegations of scriptures● fathers● & councels , which t●e a●uerse part d●ny●th not , as after in due place i shall shew . and againe ●e ●ould ●●u●r haue let passe so mani●est an ouersight , as is 〈…〉 o● cardi●all bell●●mine with ●leuen seuerall pla●es o●●●n●●ad●●●●●n to him●el●e in his workes , wheras in the true natu●e o● 〈…〉 , or contrariety no one of them can be proued , or mantayned , as euery man that vnderstandeth the latin●on●ue & will but looke vpon bellarmine himselfe , will presen●ly find . this was one of my reasons , besides diuers other , that i alleaged in that place , all which for so much as it pleaseth maister barlow to deferre the answere thereof to another place afterwards , and now to satisfy a reason only of certaine contemptuous speach vsed against the pope , and cardinall bellarmine , i shall here also make repetition of my wordes therein . thus then i wrote . in like manner wheras his maiestie is knowne to be a prince of most honorable respects in treaty , and vsage of others , especially men of honour , & dignity , it is to be thought , that he would neuer haue consented , if he had but seene the booke with any attention , that those phrases of contempt not only against the pope ( at least as a temporall prince ) but neyther against the cardinall , calling him by the name of maister bellarmine , should haue passed . for so much , as both the emperour and greatest kings of christēdome , do name that dignity with honour . and it seemeth no lesse dissonant , to cal a cardinal maister , then if a man should call the chiefest dignities of our crowne by that name , as m. chancellour , m. treasurer , m. duke , m. earie , m. archbishop , m. bancroft , which i asure my selfe , his maiestie would in law of honour condemne , if any externe subiect , or prince should vse to men of that sate in our countrey , though he were of different religion . wherfore , i rest most assured , that this proceeded , either out of the ministers lacke of modesty , or charity : & that if his maiestie had had the perusall of the booke , before it came forth , he would presently haue giuen a dash of his pen ouer it , with effectuall order to remedy such ouersights of inciuility . so i then . and if i were deceiued in iudgement as now it seemeth i was , for that it plea●eth his maiesty to take the matter vpon himselfe , & to auouch that booke to be his , yet in reason can it not be taken euill at my handes that followed those coniectures , and sought rather to deryue vpon others the pointes which in that booke i misliked , then to touch so great a personage as was , and is my prince . yea in all duty and good manners i had obligation to conceale his maiesties name , for so much as himselfe concealed the same : and when any prince will not be knowne to be a doer in action , as in this it seemeth he would not at that tyme , i know not with what dutifull respect any subiect might publish the same , though he did suspect that he had part therin . for that subiects must seeme to know no more in princes affaires then themselues are willing to haue known . and consequently , when i saw that his maiesty concealed his name , i thought it rather duty to seeke reasons to confirme & couer the same , then by presūption to enter into princes secrets , and to reueale them . and hauing thus rendred a reason of my doings in this behalfe , it remaineth that wee see what maister barlow hath to say against it ; for somewhat he must say , wheresoeuer he find it , & though neuer so impertinent to the purpose , hauing taken vpon him to contradict , and plead against me in all pointes , and reaceaued his ●ee before hand , as may appeare , by the possession he hath gotten of a rich benefice , and hopeth for more . first then he runneth to a ridiculous imitation of my former reasons , whereby to seeke out whether persons the iesuite were the true author of my lettter or no , & from passage to passage doth furnish his style with some railing offals out of m. vvatsons quodlibets against him , which though the author recalled , and sore repented at his death , as is publikely knowne and testified by them that stood by , and heard him : yet this charitable prelate wil not suffer his synne to dye with him , but will needs rayse , and reuiue the same agayne after his death , and make it his owne , by this sinfull & vnchristian exprobration therof . but what maketh this to the purpose we haue in hand ? surely nothing but to shew the malice , and misery of the slaunderer . for let father persons be a ranging voluntary runegate , and hispanized camelion , as here he is termed , or any thing els which an intemperate , loose , or lewde tongue can deuise for his con●umely , what is all this to the matter in hand , that is to say , to the writing of the former letter , or who was the author thereof ? doth not here malyce , and folly striue which of them shall haue the vpper hand in m. barlow ? but yet one point he hath more of singularity in folly , which i suppose will goe neere to make the reader laugh , if he be not in choler with him before for his malice . for wheras i had professed my selfe to be perswaded vpon the reasons set downe , that his maiestie was not the penner of the apologie , though it was printed by barker his printer , and set forth authoritate regia , by the kings authority , alleadging for example , that first of the minister t. m. knowne afterwardes to be thomas morton , who published some yeares gone , his lying and slaunderous discouery against catholikes , and gaue it this approbatio● , that it was set forth by direction from superiours ( though perhaps no superiour euer read it ) and the like i sayd , might be suspected that this other apologie furnished with authoritate regia , might perhaps proue to be the worke of some other t. m. to wit , thomas montague , somewhat neere to his maiestie , by reason of his ministeriall office , which then he held : all which declaration notwithstanding maister barlow is so set to haue men thinke , that i knew and perswaded my selfe , that it was the kings booke indeed , and that by those two letters t. m. i meant tua , or tanta maiestas . by those ciphers ( saith he ) of t. m. if he will speake without equiuocation he meant tua , or tanta maiestas . and haue you euer heard such a dreame , or deliration in one that professeth wit ? marke his sharpenes . i doe say , that this second t. m. doth signify thomas montague , & do sett it downe expresly in the margent . i doe describe the person , and office neere the king , as being then deane of his chapell though i name it not . i doe shew probabilities , how he might presume to write , and set forth that booke authoritate regia , by shewing it only to the king . and how could i then by those two letters of t. m. meane tua , or tanta maiestas ? or what sense of grammer , or coherence of phrase would those latyn wordes make , for so much as i wrot in english ? what shall i say ? is not he worthy to pretend a bishopricke , that hath no more wit then this ? but let vs goe forward to examyne other poyntes . he standeth much vpon the exception taken , of calling cardinall bellarmine , maister bellarmine , and his defence consisteth in these poyntes , distended impertinently throughout diuers pages . that his maiestie being so great a king , might call such an vpstart officer , that knoweth not where to rake for the beginning of his sublimity , maister . that christ our sauiour was called rabbi by nicodemus , & rabboni by mary magdalen : and that christ himselfe acknowleged the title to his disciples iohn . you call me lord , & maister , & you do well , for so i am . that s. cypriā called tertullian his mai●ter , & peter lombard bishop of paris was called maister o● the sentences , in all which speaches , sayth he , the word maister is taken for a name of credit , and not of reproach . these are his arguments . wher●unto i answer first that the greater the prince is , the more commonly they doe abound in courtesy of honorable speach , and consequently his maiesties greatnes made rather for my coniecture , then otherwise : that if he had beene the writer of the booke , he would not haue vsed that terme of contempt to such a man : and secondly for so much as concerneth the dignity & degree of a cardinall in it self , so much scorned by m. barlow , it shal be well , that he do read ouer the fourth chapter of car●inall bellarmines last booke of answer to his maies●●es ●re●ace , de comparatione regis & cardinalis , where he sh●●l 〈◊〉 so much raked togeather ( to vse his owne phrase of conte●pt for the dignity , and high estimation of that state in the catholike church , as he wil be hardly ●b●e to di●perse the same in the sight of godly , and w●s● men , with all the contumelious speach he can vse therof , esp●c●ally for so much as cardinall bellarmine his worde● o●●●omise are these : adducāiudicium , & testimonis pa●●●m v●t●rum , qui primis q●●ngentis annis sloruerunt , quos à s● ●ecipi rex ipse supra testatus est . i wil● bring forth the iudgment , and te●timonies ( saith he ) of the ancient fathers which florished in the first fiue hundred yeares after christ , whom the king before testified , that he doth admit , and receiue . so he . thirdly where he alleageth , that christ was called rabbi and rabboni , and acknowledged himselfe to be so , to wit a maister , and teacher , helpeth nothing maister barlowes purpose at all . for we graunt , that the word maister may signify two thinges , first the authority of a teacher , or doctor , and so our sauiour in respect of the high , and most excellent doctrine , that he was to ●each vnto the world for saluatiō of soules was called maister by ex●ellen●y , yea the only maister , for so doth our sauiour expressely aff●●me in s. matthews ghospell , be you not called maisters , for that christ is only your maister . in which sense he is also called doctor by eminency in the prophet isay , who promised amōg other things in the behalf of god , to his people ; non saciet a●ol●re ad tev●●●● doctorem tuum . he wil not take frō you ag●ine your doctor , or maister . iosue also in this sense writeth , that he called togeather principes , iudices , & magist●os . the princes , iudges , & maisters of the people . so as in this sense of teaching , gouerning , & directing , the word maister beareth a great dignity , and our sauiour ioyned the same with the word lord , when he sayd you call me lord & maister , & you do well therin . and so if the ap●loge● whosoeuer he were had this intentiō to hon●ur card. bellarmine with the dignity of doctor , & teacher , whē he called him m. bellarmine , i graunt that no discourtesy was offered vnto him by that title . but now there is another sense in vsing this word ma●●ter , as it is a common title giuen to vulgar men , and the lea●t● & lowest of all other titles of courtesy accustomed to be giuen , for that aboue this is the word syr , & aboue that agayne lord , and then excellency , grace , maiest● , and the like . and in this sense , and common acceptance of the word maister , i sayd in my letter , that it might be taken in contempt , when it was vsed to any person , to w●om the title o● higher dignity by common intendment was due , as i● a man should say maist●r chancellour , m. treasurer , m. earle , m . archbishop , and the like . but l●t vs s●e the wily winding of m. barlow here , for that ●●●ding hims●lfe much p●●ssed with these examples , he ●ound this deui●e to shi●t them of . s●ch a digni●y ( quoth he ) it may be , that ma●s●●r prefixed be●ore it , may pr●●e a diminishing terme : but if you put it to the syrname of any man , it is an addition of ●ors●ip . a●candalum ●candalum magnatum ? w●e●●t● i answer , that this shi●t is more fond then the former . but let vs come to the practice of this deuise , & let a sut●r at the court , or coun●ell ●or gayning the good ●ill , and fauour of the coun●ellours , b●gin with this additiō o● worship to their s●rnames , saying in●teed o● lord chauncellour , m. fgerton , i haue this , or that ●ute , wherein i craue fauour : so also , mais●er ●ecill in●●e●d of lord ●reasurer , m. howard , m. ●albot , & others in 〈◊〉 of honours , and lordshippes : would maister b●●low thinke to obtayne more ●auour by this addition of wor●hip to theyr syrnames ? or did he vse perhaps this manner of speach , when he crouched to them , and his ma●esty ●or gaining the bishoprick , which he now pos●es●●th ? or will he teach this magisteriall doctrine o courtesy to be practised in the court at this day ? how many scholle●s and disciples were he like to haue th●rin ? but among other examples , one there is wherin gl●dly i w●uld haue his answer . he profes●eth himselfe a great , and singul●r seruitour of the queene past , and if this doctrine o● ma●ster do hold in men of neuer so great honour for addition of worship , if it be giuen to the s●rn●me : then b● like proportion also , it must hould in the word mist●●sse , giu●n to the s●rname of women , t●●ugh neu●r so gr●at , or honorable . yf then maister barlow , had gone vnto the s●yd queene in neuer so good ● disposition , yea when he had betrayed his maister the ●arle of essex for her sake , and had preached again●t him that horrible sermon , which he did a●ter his death , and should haue sayd vnto her , good mistres●e tydder , this and this haue i done for your cause , i hope you wil reward me : what reward would you thinke that she would haue bestowed vpon him , for so great a courtesy ? and this shal be sufficient to shew the vanity of this euasion , wherein he pleaseth himselfe very much , and entertayneth his pen for diuers pages , as i haue said , pretermitting three or foure other in●tances of mine of much more force , for prouing my coniecture , that his maiestie himselfe penned not the apologie , promising to answer them after in their due place : but this place had bene most due to the matter in hand if the minister had found himselfe ready , and sufficiently fraught with substance to refute them , and therfore it is to be presupposed , he would not haue pretermitted the occasion for shew at least of some furniture in this beginning , for so much as he hunteth so greedily after all occasions to say somewhat , though nothing to the purpose at all . well then , thus remayneth the argument of this first paragraph , about the true author of the apology ( which now his maiestie confesseth to be his ) somewhat discussed , as you haue heard : the rest remayning for the place that m. barlow hath promised to say more thereof afterwardes . the summe of all hitherto treated being , that i and infinit others being strangers to that which was done in secret , & thinking it not conuenient , nor dutifull for any subiect of his mati● . to ascribe vnto so great a prince , a thing that might be denyed afterwards , or called in controuersy by many : i did vpon the reasons alleadged , perswade my selfe , that it was the doing of some of his maiesties chaplaines , & namely of maister thomas montague , as before i haue said by some generall licence , or approbation of his highnes , rather then to haue bene penned by his maiesty himselfe . and vpon this ground , did i frame my letter and iudg●ment to my friend in england , with all mod●sty , r●uerence , and due respect vnto his maiesties person , though sometymes i was forced by the very currēt of the matter it selfe , and by the iniurious dealing , as to me it seemed , o● the supposed author to be more quick and earnest with him , then i would haue bene , if i had but imagined his maiestie to haue bene the writer thero● . whereby also appeareth the present iniquity of this other minister vvilliam barlow , who in all this answer of his doth peremptorily conioyne himselfe with the person of the prince , whose champion he maketh himselfe to be , reapeating all the wordes of the apologer ( whom i tooke to be no better then himsel●e ) as the wordes of the king , and my confutation , as a confutation of his maiestie , wherin he doth me open iniury : for that er●or p●rsona mut at casum , say both lawyers and deuines , and he ought to haue taken me in the sense , & meaning that i supposed , whether it were true , or false . for as , if in an euening when it waxeth darke a man should meet one , whom ●e thinketh to be his enemy , & to haue greatly abused him , & should vse sharp speach vnto him according to his supposed deserts , and that this party should not be his enemy indeed , but rather his great friend , or superiour ; he could not haue an action against him , that vttered these former words out of opinion , that he was his enemy , & had abused him : so much lesse here in this mistaking in so great obscurity of darkenes , there being so many probabilities and coni●ctures to the contrary , as now you haue heard . wherfor i must require at m. barlowes hands to lay down this deuise , and to r●peate my words throughout my whole letter , a● spo●en to thomas montague , or some other of his state & condition , according to my perswasion , and supposition at that t●me , and not to his mai●stie : and as often as he dot● otherwise , he offereth me open iniury , as he doth to ●i● maiestie also ; and maketh himselfe ridicul●●●●o others . and with this condition shall we end t●is ●ir●t paragraph , and passe to the rest . of the pretended cause of the new oath , which is sayd to be the powder-treason . §. ii. next after the coniectures handled about the author o● the apologie , i comming in my letter to touch the causes pretended of pres●ure to catholikes by this new exacted oath , i proposed some of the apologers words in his preamble , concerning the detestatiō of the powder-treason , in which detestation , though i willingly ioyned with him , yet complayned i of the iniquity of some that vrged continually the hatred therof against innocent men , for them that were culpable , contrary to his maiesties honorable meaning , as appeared by the words vttered both in his proclamation , & speach in the parlament . to which passage of mine m. barlow cōming to answer , setteth downe first my words and discourse in a different letter , as though they were punctually myne indeed , & nothing peruerted or corrupted by him , & then playeth vpon them as though this ground had bene true and sincere indeed . and for that this is his perpetuall vse throughout the whole answer , i shall for this once , put down his words , & after also my owne , whereby you may take a document now , at the beginning , how to trust him in the rest . thus then he beginneth his first paragraph num . . the preāble ( saith he ) is a colloquintida vnto him , not so much in respect of the epithetes giuen to the powder-t●eason of monstrous , rare , nay neuer heard of , treacherous , famous , and infamous attempt , it deserues them sayth he : but first , that it should be singular from all examples , there hauing bene the like done by protestantes ( though not in specie , yet in indiuiduo ) as at antwerp , the hage , and in scotland . secondly that it should be crambe bis posita , so o●ten repeated , the parties being executed . ●hirdly that the kings promise , & proclamation being , that other catholikes shal not fare the worse for it : yet the innocēt for the nocent are punished , at lea●t oppressed , as by libells , inuectiues , and by searching of houses , with other outward a●●lictions ; so , aboue al , with this new deuised oath for their inward pressure of soule and conscience . this is mors in olla , and makes him dilate his stile into dolefully rhetoricall expostulations . this is his relation of my discourse , wherin to say nothing of the confused obscurity thereof , which euery ordinary reader will not vnderstand ( and therein consisteth a great part of his hope ) i haue no such word in my speach as crambe bis posita ; and much lesse do i say , that such like examples of powder-treasons , are to be foūd in protestants although not in specie , yet in indiuidu● , for i should speake like a foole in so saying , and so doth m. barlow in my opinion , or at least like one that vnderstandeth not what he saith , as presently i shall declare , after that i shall haue set down my owne words , as they ly in my letter , and are these that ensue . the preamble beginneth with , the monstrous , rare nay neuer heard of treacherous , famous , and infamous attempt , plotted within these few yeares here in england ( of the powder-treason ) infinite in cruelty , singular from all exāple , crying loudly for vengeance from heauen &c. al which epithetes for due detestation of so rash , and heynous an attempt , catholicks no lesse then prot●stantes doe willingly admit ? though for singularity from all examples , if we respect speci●m , and not indiuiduum , that cannot be like to another in all poyntes , there be recounted in histories many attēpts of the same kind , and some also by protestants , in our dayes : as that of them , who in antwerp placed a whole barke of powder in the vaulted great street of that citty , where the p●ince of parma , with his nobility was to pas●e : & that o● him in hage , that would ha●e blowne vp the whole counsell of holland , vpon priuate reuenge : as also that of edenborough in scotland , where the like trayne of powder was laid for the cruell murther of his maiesties father , which not succeeding , his death was achieued by another no lesse bloudy , and barbarous violence . but why ( i pray you ) is this wofull attempt of those vnfortunate gētlemen , so often brought in againe , and repeated almost in euery corner of this booke ? are they not executed , that were culpable therof ? and are not other catholikes deliuered from the guylt therof by the long and diligent search of iustice made thereabout ? the minister himselfe confesseth in his very next lynes , the equity of his maiesty to be such , as he professed in his proclamation , & parlament-speach , that he would not vse other catholikes the worse for that . wherof it followeth that he held them for guiltlesse : and that all those pressures both of conscience , and externall affliction which since that tyme they haue suffered , and doe at this present , were designed before that , and begun also to be put in execution ( as indeed they were ) and that the powder-treason was not a cause of these afflictions , but an effect rather : that is to say , that those gentlemen forseeing or knowing the course that was designed to be taken , and partly also put in practice , resolued vppon that miserable medium to their owne destruction , & publick calamity . but alas is there no end of exprobration against the innocent , for the nocent ? no compassion ? no commiseration ? if the clemency of his maiesty in his gracious proclamation ( as here is confessed ) gaue security , that notwithstanding that headlong action of those few catholicke gentlemen , none of the profession should be the worse vsed for that cause : how commeth it to passe , that so many agri●uances haue beene heaped vpon them euer since , and are dayly , both by infamous libels published against them , as appeareth by the former ● . m. ●is slaunderous discouery , and others mentioned in the answer thereunto ; as also by the new oath deuised for t●e vtter ouerthrow , both in soule , if they take it again●t their conscience ; and of body , goods and citim●tion , if they refuse it ? how come so many searches of their houses , spoyles o● their goodes , apprehensions of their per●ons , af●l●ctions of their te●●●●ts , seruantes , and friendes , so many citations , attac●ments , vexations and molestations , that daily do ●low vpon them , as if they were the only malefactours of the land ? thus farre in my letter of this matter . and now gentle reader , consider whether his phrases of crambe bis posita , or mors in olla be mentioned by me or not . but spec●ally let the iudicious reader note this foule ouerslippe in peruerting , and mistaking my wordes ( about likenes in specie , though not in indiuiduo ) to a quite contrarie absurd sense , which he would not do , but either out of great malice , or extreme ignorance , or both . for that my speach was playne , as now you haue heard , that wheras the apologer said , that the powder-plot of england was singular from all example , i named three of the same kind , or species practised by protestāts of our dayes against their princes , and gouernours in antwerpe , hage and edenborough , which plots though they were not like perhaps , in all particular and indiuiduall qu●lities , and circumstances ●for then as logicke teacheth vs there should be identitas , and not similitudo ; ) yet were they like in specie at lea●t , for that they were powder-plotes , and traynes of fire to destroy theyr princes : and yet are not all protestants continually c●st in teeth with these c●imes , nor all condemned for some few , nor ought , as by the iniquity of our ministers , english catholiks are . this was my speach and reason , now let vs see how this minister relateth , and peruerteth the same , for he ●uouc●eth me to haue writtē , that the english plot could not ●e called singular from all examples , there hauing bene the like don● by protestantes , though not in specie , yet in indiuiduo , as at antwer● , h●ge , and in sco●land . vvhich is the quite c●ntrary ●o that which i said , and meant . for i said that those three examples were like , if not in indiuid●● ( for that they might haue different indiuiduall qualities , and circumstances ) yet were they like in specie , kind , and nature : but he maketh me to say , that though they were not like in specie , yet they were in indi●iduo , which is most absurd , and ridiculous ; for it is as much as if , for examples fake , a man would say , that an oxe and an asse , that agree not in specie or kinde , may agree in indiuiduo : wheras all philosophy teacheth that indiuiduall vnity and agreement being the last , presupposeth all other vnities going before , both specificall , & generical , and can neuer be without them : and consequently wheresoeuer specificall vnity , or agreement is not found , there can be no indiuidual . as for example , if peter and paul agree not in being men ( which is the species ) they can neuer agree in the indiuidual properties of being particuler , and singuler men , though contrarywise they may haue perfect agreement and likenes in the first , to wit ion being men , albeit they do differ , and disagree in the later , as hauing different indiuiduall , & personall proprieties , whereby they are distinguished , & made seuerall men . and so , to apply all this to our purpose , those three powder-plots by me mentioned , may well agree in the species , or genus , of being powder-plots , though they haue some particular , and indiuiduall differences , whereby in some partes they disagree , and are distinguished , but how they may agree in their indiuidual proprieties of being like powder-plotes , and yet not agree in the specificall , or genericall nature of powder-plotes , that is to say , without being powder-plotes at all , i see not how it can be imagined , and i suppose , that m. doctor barlow wil be laughed at by all logitians in cambridge for setting downe such doctrine , contrary to all rules of logicke . and so much the more , for that a little before in the very same page , he vaūteth of his skill in logicke , imputing great want therof vnto me , saying , that wheras i had deuided the apology into three partes , it was made to my hand by others , for he sheweth not ( saith he ) so much logicke in all his whole censure . a great peece of logick●-learning no doubt , to be able to deuide a thing into three partes , that lyeth be●ore a mans eyes . when the butler of trinity - 〈◊〉 wherof he was minister and chaplain in cambrige , did deuide a loafe into three partes , what logicke was needfull th●●to ? or when vpon the way an ho●tler deuideth a p●●ke o● oates to three ho●ses , what skil of logicke is required to that diuision ? is it not absurd , and ridiculous to call this skill of logicke ? much more logicke was required in defending the indiuiduall and specificall vnities , and difference before mentioned , which m. barlow cannot doe as it seemeth : then in deuiding so obuious , and materiall a thing into . partes as my letter was , and therefore this exprobration of lacke of logicke about so facile a thing , sheweth to haue come of stomacke , rather then iudgment . but here perhaps some man will say , that the speach before confuted of likenes of powder-plots , though not in sp●●ie , yet in indiuiduo are not set down as m. barlow his words , but as myne , which i confes●e ; but yet do also deny them to be mine , but rather falsified , and peruerted by him , and i● he refuse them also , thē they be nobodies : but indeed he cānot refuse thē , for that in the very next ensuing page , he hath the same in his owne name , if not somewhat altered to the worse , saying , that howsoeuer the censurer straines at it , the english powder-plot is both in specie & in indiuiduo singular ●rom all examples . whereby he insinuateth , that the three examples by me mentioned , antwe●p , hage , and edenborough , do differ from the london plot , not only numero but also specie , which we should more easily haue vnderstood if he had set downe the definition of a powder-treason in generall : for then we might haue seene , whether the said flemish , and scottish attempts of powder treason had agreed in substance & nature with that of england , though different in some circumstances , that are not so essentiall . but now we shall try the matter somewhat by his answers to these three instances of myne . to the first then of the powder plot of antwerp he saith , t●at t●is was done in open hostility , what tyme ( saith he ) al actions ●or d●●●●s●ture are lawful either by fl●ig●t or force . but by his leaue , these that did practise this plot of powder against their gouernour the prince of parma were his subiects ; and little it importeth , whether they were in open or priuy rebellion . for suppose that the other that practised the powder-plot in england had bene in publike rebellion also against his mat●e . for what cause soeuer , yet had their powder plot bene a powder treason , nor would m. barlow haue durst to defend the contrary ; and consequently , this plot of antwerp must be graūted to haue bene of the same nature or species at least , with that of england , albeit they had some indiuiduall differences the one from the other . to the second fire-plot of hage , he answereth , that it was but of one single man , and in reuenge vpon the states for giuing him discontentment , and by the report of some writers he was distracted , & mad . but all this maketh no essential , much lesse specificall difference , for whether the treason were complotted by one alone ( which is hard to be imagined against a whole senate ) or by many , and for discontentmēt giuē by the states whome he would or haue blowne vp , that he was distracted , as some will fayne , for excusing the matter ; certayne it is , that it was powder-treason , and directed , and intented to the ruyne of many , which is sufficient to make it of the same species at least , with that of eng●and . but to the third of edenborough in scotland , for the ruyne of his maiesties father , when he commeth to answer , he is exceedingly troubled , and entangled how to defend it , & therefore laying aside reasoning , he falleth to open rayling ; saying : but by his noting of the last ( powder-plot of scotland ) this censurer discouereth the rancor of his hart against our soueraigne : for though the execution of parricides , and murthers vpon princes haue est soones alighted vpon some of the greatest , and best of that royall sort that euer were , and therefore no dishonour to them , nor their posterity : yet to cast vp such a disasterous example in his maiesties teeth , proueth well , that he is sory , that his maiestie escaped the like perill , whome he so earnestly wished to be his fathers successour in such a fortune . so he . and who wil not thinke this malicious speach fitter for a parasite , then for a pretended prelate , yea for the diuell of lincolne , then for any vvilliam lincolne , making no scruple to condemne me of parricide , for that i make only mention o● so nay ●ous a wick●dnesse practised against hi● mati●s . fath●r by ghospellers of m. barlowes religiō , & companions in conscience ; who is not ashamed heere to say , that it is a good inserence , and proueth well , that i was sory , that 〈◊〉 mai●stie escaped the like perill , ●or that i durst cast vp such a disasterous example in his maiesties teeth . but who seeth not the malicious ●●cophancy o● this consequence ? i did not cast it vp ( to vse his absurde phrase ) into his maiesties teeth , but only represented it to his eares , and memory with griefe , & detestation of the ●act . my casting it vp ( if any were ) was in m. barlow his teeth , o● whom i doubt not , but if he had byn then a preacher , he would haue bene as ready to haue allowed , and praised the fact , as generally most of his ●ellow ministers , both english and scottish did at that time , not only in regard , that the parricide was committed by them , as it was , & against a yong prince suspected by them in r●l●giō , & therfore feared : but also for that his noble person , & growing fortunes were in such deep iealousy with the queene of england , then regnant , as nothing more . but to leaue this to his mati●s . prudent consideratiō , & the obscurity of his speach to the readers due obseruation , i say , that this ●uagation , and digr●ssion of vvilliam of lincolne doth proue nothing the poynt it should , to witt , that this powder-treason of ●d●nborough was not of the same essence , nature , and species with the other of london , though lesse haynous , as not being directed perchance to the personall murders of so many particuler men , but yet to the publike ruvne of the state of the common-weale , as the euent well declared . for that the ruyne of the father brought also consequently the ruyne of his maiesties moth●r , wherin that vvilliam barlow himselfe had not only a wish , but also a push , so farre forth as his wretched forces of tongue , and pen at that time could do her any hurt , i suppose he would thinke it a disgrace to deny it . but to returne to our controuersy in hand , whether thi● powder-treason of edenborough against his maiesties fath●r were not of the same kind and species , that was the other d●signed in london against himselfe , which i affirme , and the minister denyeth : let vs see one shif● of his more , as idle , and impertinent as the rest , to auoyd the force of truth . see ( saith he ) how malice blindeth iudgement in this his resemblā●e : the truth is that his maiesties father was not blowne vp with gun-powder , but after the murtherers had strangled him in his bed sleeping , he was carried out to the garden , and then was the house blowne vp , to make the world belieue , that it was but a casuall accident o● fire : and so what semblance o● comparison is there betwene the powder-treason ( of london ) and this ? vvhereto i answer , that the semblāce is very essential , that both were powder-treasons , both of them traiterously directed by subiectes to the ouerthrow of their princes ; and if that of edenborough was not put in execution , as m. barlow saith , but after the king was murthered ; no more was that of london , god be thanked , but was disc●uered and defeated , his maiestie remayning in health , and sa●ety . and how will m. barlow now defend this position , that they were not like in specie nor in indi●iduo ? vvill he not be ashamed to brag of logike hearafter ? or to exprobrate the want thereof vnto me ? but we shall haue occasion to handle againe this matter in other passages that are to ensue . but yet before we passe from this matter of the powder-treason let vs heare how he insisteth therein , and triumpheth , as to himselfe he seemth , with all the most odious exaggerations that his venemous , and virulent tongue , accustomed to satanicall maledictions , can vtter in spite of catholikes , & especially of iesuites , whom ( though neuer so innocent in that behalfe ) he will needes haue to be authors , and actors in that foule crime . and first of all he beginneth his railing with three or foure notorious lies at a clap : as namely , that hall aliàs ouldcorne the iesuite said of this plot when it was discouered , that such actions are not commended , ●ut w●en they are finished . a thing most earnestly denied by h●m both at his death , and other times . and here m. barlow is bare of alleadging any testimony at al for the same . secondly he saith , that the iesuits , if the parlamēt house had burned , would haue song with nero , the destructiō of troy , & of this , saith , he doubteth not , other proofs he alleageth none . thirdly he saith , that they would haue graced it with no lesse epithetes thē sixtus the pope did the murther of king henry the third of france in his panegyricke , calling it a rare , & memorable fact ; & this also hath no other proofe , but his malicious coniecture , togeather with the knowne lye of pope sixtus panegyricke , which was neuer yet heard of in rome , as cardinall bellarmine testifieth in his booke , who made diligent search to informe himselfe thereof . fourthly he saith , that garnet was the coryphaeus of that complot , principall priuy counsellour , and the like . whereas notwithstanding the very actes , and examinatiōs set forth by his aduersaries doe checke this ministeriall malignity in that behalfe , no more being proued therein , but that full against his will , and vnto his ●xceeding g●eat griefe he heard therof only in confession not long before the matter brake forth . and albeit syr vvilliam o● ●in●olne ( for so the man would gladly be called ) do iest here at the obligation of concealing thinges heard in confession , calling it , an enammeling of hideous treasons , with the glorious pretence of sacramentall confession : yet al true bishops of lincolne for more then fiue hundred years before himself , that went in at the doore , and stole not in at the window , were of another opinion , touching the sacred seale of that sacrament , all which must be dāned a most pitifull case ) if this syr vvilliam can be saued , that so contemneth the said seale of secresy , and betraied his maister and penitent , that is said to haue made his confession vnto him , which though it were not sacramentall , being made to a meere lay-man ( as i take syr vvilliam to be : ) yet was he bound by the law of natural secresy , not to haue published the same , without his licence , and consent thereunto . but as this minister got his bishoprick without priest hood , so no meruaile , though he proceed not priestly , but prophanely therin . and finally whereas he scoffeth so malignantly , and in●em●erately at that innocent man maister garnet , that loued peace no lesse then m. barlow doth broiles , and gaue his life for defence of the integrity of his priestly function , & obligation , being of as quyet a spirit , as the other is turbulent : whereas i say the minister sco●●eth , and scorneth , saying , that his head and flesh was rotting vpon the bridge of london while his face did shyne in a straw for his goaly purity , i can say no more in this case , then that which all good men haue said , and done in the like , that the looser must haue his wordes : the time will come , when the minister is like to pay for al , as other rauenous persecutors haue done before . the straw we made not , nor inuented , & of this can be witnes diuers noble , and principall persons of contrary religion to father garnet , who saw , and examined the same . but if god gaue , or will giue any such testimony or other , in this world , that may tend to the defence of any of his seruantes that suffer vniustly , by the malignity of wicked tongues ; what fault haue we therein to be carped at by the incredulity or in●idelity of such as belieue nothing , but what themselues list , which commonly is that by which they may gayne most . as for the rotting of his head , and flesh vpon london-bridge , there is no reason , that he should haue a priuiledge aboue other seruants of god , of whom the prophet sayd in lamenting-wi●e to god himselfe : they haue cast the dead bodies o● thy seruants ●or birdes o● the ayre to feed vpon : and the flesh of thy ●aintes to ●e deuoured of beasts . if that be sanctity which was wont to be in ancient diuinity consisting in true catholik beliefe , and vertuous , pious and innocent life ; father garnet is knowne to haue lyued a saynts life indeed , and to haue accomplished the same with a happy death , in dying for the defence of iustice , and equity , that obliged him to silence , and secresy in the matter , which without sacriledge he could not reueale , or vtt●r , though neuer so much detesting the attempt pretented , and bewayling the knowledge thereof , which sore against his will was imparted vnto him . there followeth another notorious vntruth which is the fifth in this ranke , concerning father persons being priuy , & consenting to their powder-plot , wherof this minister both in this place , and many other maketh no sc●uple resolutely to accuse him : wheras in the whole action ●et forth in print , there is no one such accusation against him , which is like would not haue bene omitted , if ●ny lea●t ground had beene found for the same . and moreouer he addeth another assertion , no lesse tem●rarious , which is , that father persons came on his iourney a good step towards england , that he might haue song a te deum in his natyue country for the good successe o● that happy exploit . so he . but for that he saw that this might be checked by the testimony of hundreds of witnesses , that knew , that he neuer departed from rome in all that tyme , nor long before , nor after , the calumniator addeth this defensiue caueat in a parenthesis ( as some report ) and yet would he haue it belieued of all ; so little conscience hath he to cast out false accusatiōs without ground , as though there were no iudge in heauen , or earth ●or false calumniatours of their brethren . lastly about this matter of the powder-treason he delighteth himselfe so greatly with the often mentiō , & repetition therof , as he saith , he will neuer cease from talking of that matter . nor will wee ( saith he ) be silent thereof — rumpantur ilia romae , so long as we haue pens to write , or tongues to speake , or a generation liuing , or a posterity succeeding . do you see how earne●t the man is ? if we should imploy our pens & tongues in the continual repetition of such attempts , by prote●tats against their princes , you see now already we haue three for one in this kind of powder-plots , but many more in others . and let the last attempt in scotland of the gowryes for killing his maiesty , & the first in england of gray , cobham , & r●●le● for imprisoning his person , giue testimony in this matter , whether they were not all professed protestāts or no ? so as in this there is no place for — rumpantur ilia romae , brought in by m. barlow , with more gall , then discretion , as many other thinges are in this place , for diminishing of the pressures laid vpon catholikes for their consciences in religion : amongst which he auoucheth resolutely that in fi●●y years of two protestant princes , scarce threes●ore persons haue bene executed , and all these as guilty of treasonable practises : wheras their owne recordes , & ours also forth in print , do shew aboue an hundred & thirty priests , besides lay-men to haue bene put to death within the space by him mentioned , whereof not one could be conuicted of any other treason , or treasonable practice , then the exercise of their priestly function . so as in this both for the number and cause , m. barlow is taken with an open knowne falsity . how great a pressvre the vrging of the new oath is to catholikes that haue a contrary conscience in religion . §. iii. it followeth by order of m. barlow his booke and mine , that we doe examine a little , how grieuous and burdensome the inforcemēt of the new oath is to a catholike conscience , that vnderstandeth diuers points of his religion to be denied therby , and so much the more grieuous is it , by how much more desirous his maiesties catholick people are to giue him contentment , and satisfaction in all points of temporall obedience , belonging to true , and loyall subiects . i do say in my letter , that the apologer , supposed by me to be some minister , did speake of the oath , as of a thing of no pressure , or preiudice at all , for that he hauing spoken of the former asseueration of his maiesty , that none of the catholick professiō should be worse vsed for that cause , to wit , of the powder-t●eason ; he adioyneth presently : only , sayth he , at the next sitting downe of parlament a forme of oath was framed to be taken by all his maiesti●s subiects , wherby they should make their profession of their resolution faithfully to persist in his maiesties obedience &c. by which exception of ( only ) a man may well perceiue , that the minister maketh little accompt of taking , or not taking this oath : for so much as he supposeth catholick people to haue receyued no hard vsage therby , though they be brought therby into such extremities , as either they must sw●are against their owne iudgments , & consciences in sundry points p●rtaining to their religion , or els endure his maiesties heauy displeasu●● with los●e of goods , and lands &c. these were my wordes . and now how do you thinke that m. barlow will shift of this important point appert●●ning to conscience in religion ? no doubt , but much according to the feeling himselfe hath of swearing , or not swearing , if the princes fauour , or disfauour come betweene . do you stand attent then , & you shal heare as eg●egious tris●ing , as euer you did perhaps in so graue a matter . the new oath ( saith he ) of all other is the phallaris bull , the mo●● g●ieuous vexation . but ●herin standeth the agrieuance ? is it in the abstract , because there is an oath commanded ? the highest iudge alloweth it both by ●is owne example , swearing by himselfe to abrahā & by precept to vs. thou shalt seare the lord , & sweare by his name . but good syr , we doe not deny the lawfulnes of swearing , either in abstract , or ●on●ret , but the sinne of false swearing , when we take an oath against our iudgement , and conscience . he goeth further . perhaps then the aggrieuance ( saith he ) is in the epithete , because it is a new oath . no syr . but because it is a faile oath , when a man thinketh the thinges not true , that he sweareth . he goeth forward to proue , that a new oath may be lawfull , when the occasion thereof is new . but i denied not this , and so m. doctor beareth the ayre in vaine . yet will he not leaue of , but taketh another medium , to prove that this oath is not new , but old , concerning the matter therof . for that it is old ( saith he ) and hath byn vsuall in all nation● christian and heathen , that subiectes should bind their allegiance by oath ●or thei● soueraigns security . but who denieth this ? is it not a shame for a doctor to wander vp & down from the purp●s●e ? and yet will he pas●e further therin , for lacke of better matter . it is grounded , saith he ( he meaneth of taking oathes of f●delity to princes ) vpon scripture both in the examples of holy kings , and the apostles definition of an oath , hebr. . . n●mel● , that an oath is the end of all contr●uersies . of which speach i graunt the former part , concerning the examples of holy kings , that haue taken oathes of their subiects , though as i haue said , it be little , or nothing to ou● controuersy● nor can i find cardinall bellarmines authority cited in the margent to this purpose , in his . booke de romano pon●ifice , he hauing written but fiue of that argument . nor doth it import to find it , he saying nothing therein , which we doe not confesse . but as for the second part , where m. barlow bringeth in the apostles definition of an oath to be the end of all controuersies , though i acknowledge it to be his sentence , and most true : yet not a definition . nor doe i see , how m. barlow wil be able handsomely to defend the same . for if the common axiome of logitians knowne to euery scholler that studieth that art be true , that definitio & defini●ū conuertuntur , so as whatsoeuer is comprehended vnder the one , is comprehended also vnder the other : and contrariwise whatsoeuer agreeth not to the one , agreeth not to the other : then cannot this proposition of the apostle be a definition of an oath , and consequently m. barlow doth erre grossely in calling it so . now then that this matter is so , and that euery oath cannot end all controuersies , nor that euery controuersy is ended with an oath , is euident by experience . for how many swearers haue you , that will offer to sweare twenty oathes in a controuersy betweene them and others , if therby they might end , and gaine the controuersy ? but the other party admitteth them not , for that he hath not so much credit of sincerity in their oath , that they wll sweare truly , as to belieue them . and so also on the other side , how many controuersies are there ended dayly without oathes , and many cannot with oathes . as for example , if m. barlow should owe a peece of money , and being vrged to pay it , should offer to forsweare it , that were not like to end the controuersy , but rather the laying downe of the money : ergo , all oathes are not able to end all cōtrouersies , nor all controuersies are determinable by oathes . you will demaund then , what is s. paul his meaning , when he saith , as here m. barlow relateth him , that an oath is the end of all controuersies ? surely s. paules meaning had bene cleare inough , i● m. barlow had let downe all the apostles wordes , as they lie in the text , which are : homines enim per maiorem sur iurant , & omnis controuersiae eorum finis ad confirma●●●● est iuramen●um . for men doe sweare by a greater then themselues , and the end of all their controuersy for the confirmation , is an oath . the intention of the apostle is to strengthen our hope in god , for that he had confirmed his pr●mises to vs by oath , which is the soundest confirmation that can be in the behalfe of the swearer , for no man can adde of his part more to bind , then an oath . and for this cause he saith , that an oath is the end of all controuersy for confirmatiō of truth in the behalf of the swearer , ●or he can passe no further : but not so in the behalfe of the other party that is interessed also in the cōtrouersy : for if he should mistrust the swearers sincerity of conscience , then would not his oath be sufficient to end the controuersie , as before we haue said , & consequently the speach of s. paul in this place , containeth no definitiō of an oath , as fondly m. barlow dreameth , but expresseth rather the effect of an oath for confirmation of truth in the behalf of the swearer : which word of confirmation m. barlow craftily left out , & thrust in two greeke words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the end of controuersie , most impertinētly , without a●y purpose in the world , as otherwise often he doth , to entāgle his vulgar reader with ostētation o● greeke , wheras these words haue no speciall propriety , emphasis , or different signification in the world , so as he might as well put in a whole page of greeke out of s. paules epistles , as those two words . but these men , as els where i haue aduertised , doe seeke occasions of darkenes & obscurity , to hide the weakenes of their cause therin . but l●t v● goe forward . for hauing laboured all this while out of the list to proue the vse of oathes to be lawfull , and ancient , which wee deny not in lawfull cases ; he commeth now to set downe the cō●rouersy more in particuler , that is , this very case , saith he , the amilogiae , or controuersie , wherof is , vvhether any romish catholike can beare any true allegiance in his heart to ●he kings maiesty . this iesuit houldeth the ●ffi●matiue , we by effect , o● so many treasonable plots of ●riest● and iesuites , doe hould the contrary : yea the priestes of the same religion are merely contradictory to him &c. and ther●ore his maiestie hath taken this way of the apostle to try the matter by both . but good syr , are you not ashamed to trifle in this manner , and to be taken euery foote in false consequences ? where did you learne your logicke ? or where did you frame your cons●ience ? if the question be , whether any romish catholicke can beare true allegiance in his hart to the kinges maiestie , how do you hould the negatiue vpon some effectes of treasonable plottes of pries●es and iesuites ? if it were true , that such were sound , doth the discouery of some such plotts in some catholikes infer an impossibility , that no catholike can beare any true allegiance ? how say you to the plots of france , flanders , and scotland , and other parts , do they conuince , that no protesta●t can be trusty ? furthermore , if it be impossible for any catholicke to beare true allegiance in his hart , what is his maiestie like to gaine by vrging them to sweare ? for that either they must leaue to be catholickes , or els swearing helpeth the matter nothing . for while they are romish catholickes you hould they cannot beare true allegiance . and as for the priestes of the same religion , which you say do hould the same with you , and do quote in the margent the quodlibets , if any such thing be ( for i haue not the booke , nor do meane to seeke for your allegations ) it was not the writing of priests , but either of some one priest in his passion , or rather of your high-prie●t , whome some of your puritans haue called the taile of the beast , which was the cheefe author of that scandalous booke , published by another . and as for all other priestes their concord , and vnity in true , and catholicke religion against you is sufficiently knowne . there foloweth yet an impertinency or two more : as first , that the forme of the oath , to be giuen tactis euangeli●s , laying the hands of the swearer vpon the ghospell , is no new , or moderne inuention , but prescribed long since by iustinian the emperour , as though we had sayd the contrary , or that it made any thing to our controuersy . the second imper●●nency is , that w● are muc● grieued with th●● clause o● the oath , that men mu●t sweare , in the tru●● fayth of a christian , without equiuocation ; for this , he sayth , is my greatest groane , and complaint , t●at the oath excludes catholicks from all eq●iuocating : the tryall o● which complaint we re●erre , saith he , is●saith ●saith he ) ●●●us ma●tix ( in that point ) f●ther persons . vnto both which points , i answere . to the first , that it is most false , that i did euer groane , or cōplaine of the exclusion of equiuocatiō in this oath , but haue alwayes held the quite contrary in my books again●t m. morton , to wit , that no equiuocation was , or is to be admitted in any oath concerning religion or our profession therof . let m. barlow read in my booke of mi●ig●tion page . and be ashamed of his wilfull slaunder in this poynt . to the second , whether maister thomas morton in the point ( of equiuocation ) is a mastix , or scourge to father persons , or the other to him , there needet● no other tryall , but only the last two books published against m. morton , the one tearmed the mitigation , the other the quiet , and sober ●eckoning , where there be so many lashes laid vpon him and his credit , as there be vnanswerable lyes proued , and conuinced against him . and if m. barl●● could help out his brother-minister in answering some of those lyes for him , he should do him no lesse ease , then if he had powred both wine and oyle vpon a man , that hath beene well whipped indeed . there followeth immediately after in the same place , an authority of s. augustine quoted epist. . ad alipi●●● , where s. augustine is sayd to allow , that the vse of an oath is old , and ancient , and that the swearer ought to sweare to the iudges mind , when he knoweth the same . but good reader , shall we intreat m. barlow once throughout all his booke , to make a good consequence . when did we euer deny , that the vse of an oath in generall is not ancient , but that this parlament-oath in england lately deuised , is new both for time ( for that m. barlow doth expresly in this very page , graunt that it was procured from his maiesties prudent cogitation ) and for the forme , and contentes including matter both of ciuill obedience vnto the temporall prince , and spirituall disobedience to the ecclesiasticall prelate . and as for the second poynt of swearing to the intention of the iudge , when he is lawfull , and proceedeth lawfully , whosoeuer hath or will read any of the last two books in answere and reply to m. morton , will see it often , and often repeated , that no equiuocation at all is admitted in that case : or when the examination is about religion , and con●equently he will wonder at m. barlow his running from the matter so manifestly , to seeme to say somewhat . the same argvment about the pressure of the oath is further discussed . §. iiii. bvt now after long gadding abroad to shew , that an oath in generall is not vnlawfull , nor the matter of an oath new , and the like , as you haue heard ; he returneth home for a while , saying : and now will we follow him to examine the weight of this pressure . and then , as if i had spoken to his maiestie , when i spake to the apologer t. m. ( ●or this iniury he offereth me at euery turne , to thrust in his maiesty to vndergo my speache , meant to a minister ) he saith , that i picke a quarrel about the word only , vsed by the apologer , as a diminitiue phrase of the pressure laid vpon catholikes by this oath ; and he maketh me speake after an ironicall scoffing manner , saying : that the king ●seth the word only , when he talketh of the imposition of this oath vpon catholikes , as a matter of small , or no pressure , saying , that ( only ) an oath was deuised to try their fidelity : and then he maketh me to add these wordes of ironicall sarcasmus , or bitter iest , as he calleth it , and setteth it downe in a different letter as my proper wordes , to wit , that i should say , as , if the taking of this oath were so lightly to be esteemed as to be thurst vpon catholickes , with an ( only : ) wheras i haue no such manner of speach , as the reader may see in my owne wordes set downe at large in the xii . number of the first paragraph . and therfore this perpetuall custome of falsifying in euery place lightly where he pretendeth to cite my wordes , would weary a man to deale with him . but that i haue resolued to haue patience with him yet somewhat further . my speach then about this word only , was as you haue heard , that wheras , the apologer had sayd that his maiesties will was , that none of the catholike profession should be the worse vsed for the powder-plot , he presently adioyned , that only at the next sitting of parlament a forme of an oath was framed to be taken by all &c. by which word only , i sayd , that the apologer seemed to make small accompt of taking , or not taking this oath ; for so much as he supposed the catholicke people to haue no agrieuance , or pressure therby , for that otherwise , it had not bene true , that they should not fare the worse for the sayd powder-treason . and what will m. barlow say to this ? you shall heare his owne wordes . who knoweth not , sayth he , that this word only , doth not so much signify an hypocoristicall alleuiation , as a compendiary limitation ? this is very high and profound stuffe , as you see , and most of his readers i suppose must goe to the greeke lexicon before they passe any further , if they will vnderstand him . but let vs see how he doth explicate himselfe by an example . he that sayd to our sauiour ( sayth he ) only speake the word , did not thereby extenuate the power of christ , as is healing in absence by a speach had bene a more easy miracle , then by aproach to touch the party , but thereby wished a course more easefull to the body , not lesse powerfull to shew the deity of our sauiour . but to what end is all this ? doe not wee say the very same that the word only is a diminitiue phrase in this place , signifying , that wheras our sauiour offered to goe with the centurion for the curing of the sickeman , he answered , that his only word was sufficient , excluding the other of bodily going , as not being necessary . wherefore the other commentary annexed ●y m. barlow , that the centurion did not extenuate the power of christ , is therefore impertinent , for that the co●parison was only in his bodily going , or curing only by word in absence , as he himselfe also confesseth . if a noble man should say to his tenantes , certayne kynred , or friende , of yours haue done me such , & such displeasure , b●t none of you that are innocent shall fare the worse for that , only you shall make me a certaine acknowledgement for my better satisfaction : who will deny , but that this word only conteyneth a diminution , and importeth as much , that this acknowledgement is no grieuous matter , for otherwise it should not agree well with his promise , that they should not fare the worse for it . and so fareth it in our case . but if that noble man should demaund at their hands a thing that importeth their liues , much more their soules , and life euerlasting : then would they iustly cry out , and complaine of this word only , as gu●lefully vsed vnto them . and so much of this . about vrging catholickes to sweare against their consciences , this our doctour determineth peremptorily , as it were out of his chayre , in this sort : you must know that a conscience may be misled by errour , or sti●ned with pertinacy , and then the greeke deuynes will tell you , that vnsoundenes in the iudgement , and obstinacy in the wil maketh but a nicknamed conscience , which is rather to be censured● then tendered . and thē he citeth in the margēt chrysostome , and oecumenius , without specifiyng any worke or place of theirs , who haue written diuers volumes ; & this he obserueth ordinarily when he meaneth to follow the wild-goose chase , to vse his one phrase , and not to be foūd by his answerer . and not only he practiseth the same in his quotation here , but also in his determination of the doubt , for he flyeth the proper question , that most importeth the reader to know , which is , whether a man be bound vnder sin , to follow an erroneous conscience or not , which deuynes do hould that he is , to wit , eyther bound to follow it , or at least not to go against it : for in case the errour come of inuincible ignorance , then is he bound to follow 〈…〉 that he can haue no 〈…〉 it away : but i● the ignorance be vincible ( as 〈…〉 indeed he is bound to d●pose such a consciēc● , 〈◊〉 yet he can do nothing aga●●t it , as lōg as such an 〈◊〉 c●●s●ience r●mayn●th ; for that our will is alwa●●●●ound to ●o●●ow , or not to go against the direction of our re●son , whether the said reason do erre , or not , ●or that it cannot be but sin for our wil to imbrace that which our reason 〈◊〉 to be naught . and will m. barlow deny thi● ? or did he vnderstand it ? why then had he not decided the question as became a learned man , and a prelate indeed ? and yet it seemeth by those wordes of his repeated ( saying that such a conscience is rather to be censured , then tend●r●d ) that an erroneous conscience byndeth not , & that it is not sinne to do against a mans owne iudgement ; wherin he hath not only all schoole deuynes against him , that proue the same out of scripture , but the ancient fathers in like manner ; especially in their commentaries vpon saint paules●pistles ●pistles to the romanes , where the said apostle hādleth the matter largely , and concludeth : qui antem discernit , 〈…〉 damnatu● est . he that disc●rneth , that he should not ●ate and yet eateth ( against his iudgement , and conscience ) is damned . vpon which wordes s. ambrose saith ( which 〈◊〉 serue for all ) verum est , quia qui iudicat non edendum & edit , damnatus est . s. paul sayth truly , for that , he that iudgeth t●at he should not eate , and yet eateth is damned . and with saint ambrose doth agree s. chrysostome , origen , theophilact , theodoret , ans●lmus and others vpon the same place . and the s●me proueth s. bernard . and as for schoolemen after saint thomas , and alexander de hales , all other deuynes do agree vpon the same commonly , and i would gladly know how maister barlow will answere them ? in the very same page , hauing set downe his maiesties wordes , promising , that ●e●ther the oath , nor penalty thereof was 〈…〉 any for their opinion , or conscience , but only for an ac 〈…〉 of their 〈◊〉 obedi●nce , he setteth downe my answ●●e . ●f it be so ( 〈◊〉 i ) the matter is ended , for no ●atholicke 〈…〉 obedience that he oweth to his maiestie . and there he cutting or my wordes , maketh a great scanning of the last , to wit , that he oweth to his maiestie , calumniating my meaning therein , as though i meant to lymit this temporal obedience also . but if the malicious man had set down the wordes that do immediately ensue , my meaning had bene playne in my booke , for i sayd this : i presume no catholicke in england will deny to sweare all ciuill obedience , that he oweth to his maiestie , or that any subiect hath euer in former catholicke tymes sworne to their leige lords , and princes , or do in other countryes at this day . is not this playne inough ? and why then did m. barlow cut them of ? what playne dealing is there in this ? let vs heare how he prosecuteth his ●alumniation against me . treason hatched in the hart cannot conceale it selfe , saith he , from vttering , though in hidden termes . for obserue those words , al obedience that he oweth to his maiestie , what is that ? or how farre extends it ? s. peter stretcheth it without limitation ; submit your selues to all manner of ordinance for the lords sake . so he . what ? all manner of ordinance ? and without limitation at all ? and that in a time of infidell princes , as was that of s. peter , who might , and did ordaine many thinges against the lord ? how then could the apostles warrant their answere to the magistrates of the iewes , that they were to obey god rather then men , that is to say , to christ rather then to them , that were magistrates ? but i would aske here maister barlow , that is such a grecian , and bringeth in greeke phrases to no purpose at all , why he had not set downe the sentēce of s. peter in greeke , which is most different from his english ? and why he doth translate here , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 al māner of ordinance , wheras the words do import omni humanae creaturae : which all the ancient fathers do vnderstand to be meant of all humane princes , as by the context it selfe is euidēt . and as it were absurd to say that we must submit our selues to all humane creatures whatsoeuer ( the apostle his discourse being of obedience to princes ) : so it is much more ab●surd , to translate it , as m. barlow doth , all manner of ordinance , leauing quite out the word humane , and turning creature into ordinance . for who doth not see that many vnlawfull 〈◊〉 are made by princes , and especially in s. peters time , as now is said● and yet ( forsooth ) will not m. barlow haue any limitation to be vnderstood in s. peters wordes , nor yet the wordes themselues translated , as theyly in the originall text : so absolute maisters will these men be , to make of scriptures what they list . there followeth immediately vpon the former point , an other taken out of the apologers speach , saying : had●reely ●reely taken the same oath● whereby they both gaue his mai●stie occasion to thinke the better of their fidelity , and l●kewise ●reed themselues of that heauy slaunder : and that his maiestie punisheth none for conscience sake . vpon which 〈◊〉 wordes i a●ked this question , vvhy are then m. blackwell , m. 〈◊〉 and others that haue taken the oath detained still in prison ? why 〈◊〉 re●usantes punished , and fined for recusancy , though they take the oath o● allegiance ? is not recusancy a case of conscience ? to this last speach of mine , he answereth presently , differring the other for many pages after , and the summe of his answer is , that i would faine be a priuy counsellour to kn●● the reason of thinges : and that to answer a scorne is folly : that he wi●● not indeauour to resolue this question either by coniecture or truth : he is not my intelligencer . let ma●ster blackwell answer for himselfe aetatem hab●t : perhaps it is better for them to stay in prison , then 〈◊〉 be dismissed least they should be made away by iesuites , as the bishop of c●ssano , cardinal allen , tolle● , yea pope sixtus quintu● hims●lfe , all f●●ged in a trice , for c●●ss●●g , or at least for not seruing the iesuites humours . so he . and by this kind of answering the poore man sheweth of what humour he is himself , hauing nothing to say , nor conscience to discerne what to say , t●ue or false . for what probability can there be in this conscienceles calumniation , of fi●ging , and making away so many and great personages , as here are mentioned ? doth this pre●ate thinke there is a god ? or account to be giuen of such en●rmous slaunders , especially touching bloud ? is he f●t to haue care of soules , that seemeth to haue no soule himselfe , or care what becommeth of other mens soules ? would any pagan , if otherwise a morall man be ●o 〈◊〉 , or proiect in s●aundering without any semblance , or shew of truth , vpon meere spite and malice ? surely among other calamities happened vnto our vn●ortunate coun●●ey in these daies , this may be thought to be one , and very great , that such a ●ellow should euer be thought worthy of a bishopricke , not only by so iudicious a prince as ou●s is , who perhaps may be deceaued by misinformation to bestow th● place vpon him : but that there should be found any informer , that would not be ashamed to suggest the promotion of such a pretender . but now let vs see what he saith to the former part of his speach , about such catholicks , as were said freely to haue taken the oath : which thou●● m. barlow indeauoreth to huddle vp , as not willing to be well vnderstood : yet shall i seeke to cleare the matter somewhat more particularly : & to that effect , shall i first set downe my owne wordes , vpon that case of free swearing . thus then i wrote . and now for so much as it is said here in like manner , that very many of his maiesties subiectes , that were popishly affected , as well priests , as laicks did freely take the same oath ( which he calleth a blessed successe from god of this godly and wise intent , in deuising , and proposing the s●me : ) i shall be forced also to say somewhat of this matter , before i pas●e any further . and first of all , concerning the freedome , whereby it is here said , that priestes & laicks did ●reely take the same ; no man , i thinke , will deny , but that the taking of this oath is proposed by the statute it selfe vnde● paine of the losse of all goods , and landes and perpetual imprisonment to him , that shal refus● it ; which is the very same freedome , and no other , that a merchant hath in a tempest , either to cast out his goods into the sea for lightening his ship , or to be drowned himselfe . and though aristotle in his ethicks doe seeme to hould it to be simpliciter inuoluntari●m , simply against the will of the do●r , & catholik deuines , that it is inuolu●tarium secundum quid , in part inuoluntary , and simply voluntary , for that all circūstances considered , he resolueth finally to be the be●t to ca●t out ●is goods & saue himself : yet all agree in this , that fredome is taken away by this constraint of t●e passion of feare . for that freedome requireth full liberty to ●oth extremes , or obiectes , that are proposed , which it not in our case . for that the displeasure of the prince , the losse of goods , & liberty , the ruyne of his family , the terrour and perswasion of his friendes , are heauy poises , and do m●ghtely preponderate on the one side : and consequently the mention of this freedome might haue bene pretermitted , for so much as no constraint of humane will can be greater then this . and yet it is said in the oath , that he must doe it both willingly , & hartily , & as he belieueth in conscience . let the discreet reader consider what coherence there is in their tale . so i wrote at that tyme. now what bringeth maister barlow to ouerthrow this doctrine ? first , sayth he , the censurer denyeth not the assertion , that many pries●es and laycks di● take the oath , but he stickes at the aduerbe ( freely ) god loueth aduerbes , say the canonists , the diuell doth not . doe you see how the man speaketh in mysteries ? i neither graunted , or denied , that many had taken the oath : yea very many , as the wordes of the apologer were , for i know not whether they be true , or false : but that i doe sticke at ad●erbes which god loueth , and the diuel loueth not , as the canonists are affirmed to say , may seeme to contayne some great mystery , wherin me thinketh he offereth iniury to the diuell , in saying he loueth no aduerbes , good or bad , for that bad aduerbes must needes be as grateful to him , as good aduerbes to almighty god. for as , bene agere , or bene operari , to do or worke well pleaseth god : so malè agere , & m●le operari liketh the diuell . and this is confirmed by m. barlow his owne reason in this place , so far as concerneth god : for that the aduerbe , sayth he , doth make the action commendalle yea denominateth the same , and this is an axiome both in diuine and humane learning . but good s●r , by your leaue , neither diuine nor humane learning dot● warr●nt this humane folly which here you do vtter , to wit , that the aduerbe doth make the action commendable : as though no aduerbe may not be reprehe●sible , which now i haue confuted . it doth denominate also the action , say you : which i graunt : but the denomination is good , or bad , as the quality requireth . it seemed that you blundered at a certaine speach of some spirituall writers though not wel vnderstood by you , who ●ay , sometimes , that god loueth rather the aduerbe , then the verbe ; ●or that the verbe implieth only the action it self , but the aduerbe the quality of the action : & as the good quality pleaseth good , so the bad pleaseth the diuel . so as heere it seemeth to me , that this doctor remayneth much foyled about aduerbes in generall : now let vs see , what he can say about swearing freely in particular . what freedome may be sayd to be permitted to english catholickes for swearing , or not swearing the new oath . §. v. as concerning this matter , m. barlow after his former discourse about aduerbes commeth to handle the point it selfe of freedome permitted to catholickes in taking the oath , beginning thus : and is there then ( saith he ) such a disagreement betweene the payne of a statute-law , and the will of a su●iect , that he which obeyeth the law so inioyning , shall not be acco●●●d a free subiect for his obedience ! then are all the people of the christi●n ●o●ld slaues , not freemen : for what nation is there gouerned by lawes●●ot inioyned by sharpe penalties & c ? yea the law of god it selfe is imposed with penalties , and yet mans obedience yeelded therunto is not thraldome , but freedome . so he . and do you see , how he seeketh a hole to runne out at ? we do not say , that penall statutes are vnlawfull in a common-wealth , or that they do make the subiectes no free subiectes , and much lesse that they doe make all th● people of the christian world slaues and not free-men . this must needes be spoken out of great ignorance , not vnderstanding 〈◊〉 que●tion : or ou● of muc● ma●●ce , that would daz●e the readers eyes with imp●r●●nent speach . the question is , whether the choice be free , w●en in any deliberation , t●ere is a heauy predominant poyse of one side , as whether a merc●ant in a tempest should cast his goodes or no , out of the ship for sauing his li●e ? or catholickes in england should take the oath for auoyding the penaltyes of the statute ? whether this choice , i say , be absolutely free , or no ? and i shewed before both out of aristotle according to philosophy , and out of schoole-doctours according to diuinity , that this was not perfect freedome . for albeit aristotle saith , the merchant his act in casting out his goodes is simpliciter inuoluntarium , & voluntarium secundum quid , absolute inuoluntary , and voluntary but in part : & the scholemē on the other side , that it is simply volūtary and in part inuoluntary : yet in effect , they say all the same , in different respects ; for that aristotle calleth it simply inuoluntary , in respect of the obiect alone , without consideration of the circumstances , that do accompany the same , in which sense no doubt the act of casting out his goods is simply inuolūtary in the merchāt . and the schole doctors doe call it simply voluntary in respect of the obiect accompanied , and conioyned with the circumstances , to wit , present perill of life , and the like ; which being considered , the merchant doth simply & absolutely resolue , that all thinges considered , it is better to cast out his goodes then to d●taine them : & so in this sense of the schole deuines , it is simpliciter voluntarium , simply voluntary , and in the other sense of aristotle simply inuoluntary ; for that simply and absolutely he would not cast out his goodes , if it were not for the perill , and danger of his life , which is a most ponderous circumstance , and ouerweigheth the ballance o● the whole consultation . and this is our present case also , about taking the oath by those very many catholicks , which the apologer saith tooke it freely , if they were so many . for if they were catholicks , and were informed , that there were diuers points therein contayned against their religion , which must necessarily retayne them ●rom taking the same , and yet on the other syde there was losse of liberty , and goodes in refusing the same ; then sayd i , that neither according to philosophy or diuinity , was this deliberation of theirs altogeather free . and wheras m. barlow would inferre therof , that thē there were no free subiect , for that all common wealths do propose lawes with penalties : i answere that there are two sortes of men in a common wealth , good and bad : the good do willingly submit themselues to the lawes penall , made by the prince , and common wealth , and that for conscience sake , as s. paul prescribeth , without respect of punishment , where they see no iniustice , & offence to god cōmanded ; in which sense the sayd apostle saith , that the law is not giuen vnto the righteous man ( which is repeated here also by m. barlow ) of which sort it is to be presupposed , that a great part of euery cōmon wealth consisteth : but to the wicked . but now there are others , which being euill men , & slaues to their owne passions , do repyne at good lawes , and for these it is necessary , that punishments and penalties should be appoynted to inforce them to obey : and albeit this choyce of theyrs is not altogeather free , according to the nature of freedome before declared ; yet is the coactiō necessary , and profitable to themselues , nor haue they any iust reason , but only their disorderly passion to refuse the same , and consequently it is no reason , that they should haue free choice , and freedome of election permitted vnto them , in a matter so preiudiciall to the common wealth , and to themselues . all which is different in the case of catholickes in taking the oath repugnant to theyr consciences . for as euill men doe not follow conscience , and iudgement , but passion as now hath bene said , in not obeying penall lawes : so may they be iustly forced thereunto : and in that sense may yet truly be said to be all free , that is to say , free to do euill without punishment . but catholiks following the dictamen of their consciences , concerning pointes of their faith , receiued and continued in england since the beginning of christianity , cannot with any equity be constrained , or coacted to contradict the same ; no● can it be demed , but that so gri●●uous a punishmen● proposed , as the penalty of premunire , was , and is a grea● coaction , that taketh away freedome . and consequently tho●e catholickes , priestes and laicks , that are said to haue freely taken the oath , had not indeed freedome therein ; but that only freedome , which before hath bene mention●d of the m●rchant , casting out his goodes into the ●ea , which according to the rules both of philosophy , and diuinity is not t●ue freedome , as now hath bene declared , & shal be more presently . for now you must see a new shift of m. barlow , who finding hims●lfe sore graueled about my former speach of freedome , both out of the philosophers , and schole-deuines w●nt to read medina , a school● doctor , about the matter of free choice , but vnderstanding him not , as it seemth by his pe●uerting of his meaning , hath cast himsel●● into 〈◊〉 greater broiles , and intanglements , then before ; you shall heare his discourse . were th● statute inforced peremptorily , and no leasure graunted for deliberation , or after deliberation no liberty of choice , but inforst vpon them to take it , whether they will or no : then might the oath be accounted a pressure & the acceptance therof a slauery . but first tyme being giuen to consider therof , and after consideration leaue graunted to choose , or refuse ; this in their owne schoole learning is true , and f●ll liberty . for to it they annexe these two conditions . . indetermination●m iud●ij ad deliberandum , an vnlimited scope for the iudgement to deliberate . . facultatem eligerdi v●l resutandi quod deliberatum est , power either to chose , or refuse what is deliberated . the first is radix libertatis , the sourse , or fontaine of liberty ; the other is ipsa libertas , freedome it selfe , saith medina . and that is the very case betweene the king , and his subiects , in this matter of the oath : so that the very refusall ( a●ter deliberation ) argues , that either to take it or no , they had liberty of choice ; but in r●fusing it no loyaltie of affection . thus farre m. barlow . and surely it pitti●th me that i must ●ere open so many de●ectes of his in this his discourse . for first he graunteth as you see , t●at the vrging of this oath were a pre●sure , if t●e s●atute were inforced peremp●orily , and no leasure grau●ted for deliberation . but what dot● he meane by peremptory inforcement ? to beat men with ●●uo●s to take the oath ? for otherwise the inforcement of the punishment of the law of premunire , contayning the lo●se of lands , goods , and liberty , peremptorily proposed by the law to him that refuseth , is i thinke peremptory inforcement , su●ficient to make the action inuoluntary , no less● then t●e feare of death , inforceth the foresaid merchāt to cast out his goods in a tempest . so as in this point m. barlow findeth no refuge , for so much , as that which ●e sayth , if it were so , so it were a pressure indeed , and consequently he grau●●eth the oath to be a pressure . but you will say , that he putteth another condition ●ecessary to make a thing inuoluntary , to wit , when the party hath no leasure to deliberate : and vpon this he standeth much , as radix libertatis , the root of liberty or fre choice , and foundeth himselfe in the doctrine of michael medina a catholick schoole doctor of our dayes , and therof inferreth , for that the catholicks haue a tyme to deliberate to take the oath , and after deliberation haue choice to take it , or not , those that take it , take it freely . but i would put to m. barlow this case . if a thiefe should meete him alone in a place , where he were not afraid to be discouered , and should will him , either to giue him his purse or his little finger to be cut of , and should giue him a whole day to deliberate , and after to choose , whether he would loose his purse , or his finger , and he chooseth to loose his purse , is this action free from inforcement , for that he hath time to deliberate , and after liberty to make his choice ? what man of sense will say this , but m. barlow ? or will m. barlow himselfe say , that he gaue his purse ●reely , for that he had sufficient time to deliberate , and make choice after his deliberation ? i thinke he will not , were his tyme of deliberatiō giuen neuer so long . nay in this point , he hath wholy peruerted , corrupted , and m●●●●derstood medina , who neuer so much as named , or imagined this condition of tyme , or leasure graunted to deliberate : for alwaies it is to be presupposed , that in euery action good , or bad , there is sufficient time for our reason to deliberate , for otherwise there should be no deliberate action . but the pas●ime is , that m. barlow falling vpon two conditions of liberty expressed by medina , fir●● indeterminationem iudicij ad deli●erandum , the indetermination of our iudgment to deliberate , and for the power to choose , or refuse what is deliberated , he vnderstood the former condition to be of time , and so translateth it most ridiculously thus , an v●limited scope for the iudgment to deliberate , as who would say , that euery free action must haue an vnlimited scope of time to deliberate first , or that otherwise it were not free . as if m. barlow when he is riding from london to lincolne , and hath two waies to take , must needs haue an vnlimited scope of time for his determination , which way to ride , and this must be , not an hower , nor halfe a day , nor a day , nor a moneth , nor a yeare , but an vnlimited scope , so as he may sit a whole yeare , nay seauen yeares , yea twenty , or more to deliberate which way he will choose : which were good for his flocke , for so perchance the wolfe should neuer come amongst them . but was there euer such a philosopher ? or any such philosophy taught before , or diuinity ? had he not euill luck at this his first stumbling vpon medina so to mistake him . but you will say , what doth then medina meane whē he saith , that the first condition required to liberty is indeterminatio iudicij ad deliberandum , the indetermination of our iudgment to deliberate , which he calleth the root of liberty ? whereto i ans●ere , that he meaneth not an vnlimited scope of time to deliberate , as ignorantly m. barlow imagineth , for of this now you haue seene the absurdity : but that the iudgment of him , that maketh the choice , be not determined and tyed already by instinct of nature , to any one part , or parcell of the obiect but that it be indifferēt of it se●fe , and in the power of the sayd chooser , to imploy it to what part he will , which is called indetermination of liberty , or indifferency of iu●gment , to thinke what the chooser will : vpon which indifferency of iudgment followeth liberty of choice in the will , as vpon the roote and ground therof . medina his example is taken from the difference betweene the choice of a brute beast , & a man , for that the brute beast hath his iudgement , or estimatiue●power so tyed , & determined by ins●inct o● nature to one part of the obiect , as he cannot diuert from that to any other . as when you propose meate to a beast that is hungry , he cannot but be moued to admit the same , as thinking that best in this his estimate , or brutish iudgement : but mans iudgement , or vnderstanding is not so determined to one par● by instinct of nature , but may apply it selfe also to consider of the opposite . i shall alleadge the wordes of medina , which will make all the matter cleare . libertatem voluntatis ( saith he ) antecedit indeterminatio , & indifferentia iudicij ex parte intellecius : appetitio emin sequitur cognitionem : igitur vniuersa libertas nostra ex cognitione originem trahit . before the liberty of the will goeth the indete●mination , & indifferency of the iudgement or estimate , on the behalfe of the vnderstanding , for that the appetite , or will doth follow knowledg ; & therefore all the liberty of our will hath her beginning or origen frō knowledge . so medina : laying this for a foundation , that if the iudgement in a man , or estimate in a beast doe not first know , & discerne the obiect , there can no appetition , or choice follow in the will or appetite but medina doth explaine himselfe further , shewing that this knowledge of the vnderstanding or estimate , which he calleth here iudgement , if it goe not before the choice , no choice at all can be made : bu● further also it must be indifferent , and indeterminate to both partes of the obiect , & not dete●mined , or tied to any one , as he proueth by the example of a sheepe , whose vnderstanding or estimate is so determined by instinct of nature to fly a wolfe , when shee seeth him , as shee cannot thinke on the contrary ; and consequently can haue no election to fly him , or not fly him ; as not only a man , but a dog also may , which hath strengh , and courage to resist him , and fight with him . but let vs heare the rest of medina his discourse to shew m. barlow his ignorance . itaque ( saith he ) si iu●icium no● suerit in facultate iudican●is , se● determinatum ex iustinctu naturae &c. where●ore if the iudgement be not ●reely in the power of the iudger , but be determined by the instinct of nature to one part ; then the appetition or choice that followeth thereof is not free , and indifferent , but determined to one part . as for example : forsomuch as a sheep hath this iudgment imprinted in her by nature , that a wolfe is to be fled , shee cannot choose but fly the same . but when the iudgement is in the power of the iudger , so as he is able to iudge this , or the opposite , or contrary thereof ; then the choice ensuing is free , and indi●ferent : as in a man that may iudge whether a wolfe ●e to be fled , or no , and vpon this iudgement of vnderstanding may make free election out of the freedome of his w●ll , which freedome as you see doth consist formally in the will , but fundamentally in the iudgement , or vnderstanding . hitherto is the discourse of medina about the two partes , wherein the liberty of choice consisteth both of men and beastes , to wit , iudgement , and will : though concerning free will in man , he referreth his reader to a further , and far larger disputation , wherein he saith , he is to dispute fusissimè contra lutheranos , most largely against the lutherans , that deny free will. and then he commeth to conclude with these two conditions before mentioned , related , but grossely misunderstood by m. barlow , of indetermination , or indifferency of the vnderstanding , and choice of will. modò definitum sit ( saith he ) quòd ad libertatem dua condi●iones sunt necessariae ; alia est indifferentia & indeterminatio iudi●ij ad deliberandum , alia est post deli●erationem fa●ul●as elegendi , vel refutandi id quod deliberatum est . prima conditio est sons , & radix libertatis : secunda est ipsa libertas . and now let it remayne determined , that two conditions are nece●sary to liberty of freedome , the one is the indifferency , and indetermination of the iudgment to deliberate what is to be done : the oth●● is power to choose or refuse that which is deliberated in iudgement . the first condition is the fountayne , and root of freedome , the second is freedome itselfe . so he . and now let vs behould m. barlow his good vnderstāding , and skill in school diuinity , that cannot vnderstand the very termes therof , nor conceiue the meaning of his owne author medina , which he alleageth , though ( as you see ) it be cleare inough , but ignorantly by him per●erted , especially when he translated i●determinationem iudicij ad deliberandum , an vnlimited scope ( o● tyme ) ●or the iudgement to deliberate , and thereupon vrgeth the catholikes , that they haue t●me to deliberate , in swearing . so as according to his doctrine , if you gaue the sheepe mentioned , tyme inough to deliberate , when she seeth a wol●e , whether it be be●● for her to fly or noe , shee may chance resolue not to f●y . and is not this a very sheepish apprehension indeed ? did not m. barlow read all this discourse now by me related in medina himselfe , how the sheepes iudgement , estimate , or vnderstanding is tied , and determined to one part only by instinct of nature ? to wit , that shee must fly , when shee seeth the wolfe ? and how could he conceiue then , that medina should meane , that this sheep must haue time to cōsult , whether shee must fly , or no ? hath he euer seene any sheep in this deliberation ? men-sheep may well do it , and ought to do it , & would god his lincolne-sheep , that by this false proceeding of his , & many other of his words & actiōs do or may discouer him for a wolfe indeed , would enter into serious deliberatiō how to fly him for safety of their soules , whereunto according to his owne doctrine they are allowed an vnlimited scope for their iudgement to deliberate . god grant their wils be correspōdent to make choice of that , which god in their iudgements shall tell them to be the best . but now to his last conclusion , which is , as before you haue heard him say , that this is the very case betweene the king , and his subiects in this matter of the oath , so that , the very refusall after deliberation ( saith he ) argues that they had liberty of choice , to take or not , but in refusing it no loyalty of a●●●●tion . which last wordes , are wordes of slaunder , and ●cophancy , as now hath bene sufficiently declared , not founded vpon reason , or any lawfull inference at all . for to repeate briefly againe some of that which before hath bene more largely treated , how doth the very refusall of the oath proue , or argue this disloyalty , or that they haue freedome of choice ? is euery thing that is re●used , refused freely without coaction ? what say you then to the refusall of eleazar in the machabees , that refused with losse of life to eate swines-flesh ? was there freedome in that choice ? and yet , had he not sufficient time to deliberate ? or did the very refusall argue , as there is said , that he had liberty of choice , and therupon disloyalty of affection ? who can say so but vpon ignorance , or malice ? vvhen time is giuen to consider ( saith m● barlow ) and after liberty leaue giuen to choose or refuse , this in their owne schoole-learning is true and full liberty . but this of schoole-learning m. barlow , we haue now discussed , and haue found both true , and full folly , and ignorance in your collection . for schoolemen do not talke of indetermination of time , and much lesse of vnlimited scop● , but of indetermination , and indifferency of vnderstanding to be able to deliberate : which being in the iudiciall part , then is there required power in the will , or appetite to choose or refuse freely , without ballancing on eyther part , eyther by feare , hurt , preferment , hatred , interest , or other potent , and forcible impositions . by which doctrine if you ponder well , you shall find that catholikes had not free choice to sweare the o●th , when losse of goods , and lands do ballance on one side : nor you perhaps m. barlow , may be said to haue free power , or liberty to refuse it : for so much as the current of the time , the princes fauour , the weight of so fat a benefice as the bishoprick of lincolne is , and other crummes that you haue gathered togeather , and hope to increase , do so power●ully preponderate on the one side , that you haue your iudgment so fast fixed to that obiect as the sheepe by nature hath hers . and if you haue not this tye or indetermination in your iudgement ; yet in your will and affection : which is sufficient to make you no free-man , from which thraldome almighty god deliuer you , who onely can do it , and breake your bandes . for as our sauiour saith . if the sonne of god deliuer you , then shall you be truly free indeed . and so much of this matter , concerning our freedome to sweare or not to sweare : wherin i haue detayned my self some what longer , then i had purposed , for that it is the most principall question of this our contro●●●sy . whether there be free election giuen in taking the oath , or n● ? abovt recovrse made to the bishop of rome for decision , whether the oath might lawfully be taken by english catholiks , or no ? wherin also the present pope his person is defended against sundry calumniations . §. vi. and now hauing followed m. barlow thus farre in this controuersy , we must turne back againe some pages to take the whole argument with vs , which he had ouerrunne , to handle the question of freedome before mētioned . and first he telleth vs , that when the oath came forth , and was vrged , the garnettistes did differ from the black●e●i●tes , some a●●owing equiuocation ( saith he ) in matters of ●aith , and others no● , which is a notorious vntruth . for the question was not whether the oath might be taken with equiuocation , but whether it might lawfully be takē , as it lay , with a good exposition ? wherin some difference being found of opinion● , it seemed a iust cause to referre the decision to the vniuersall pastour : about which point m. barlow dealeth not vprightly , as commonly neuer he doth in alleaging my words , but with notorious corruptions . i shal be forced to repeat againe briefly , what i then said . my wordes were these . what should catholikes do ? they first consulted the case with learned a men at home : then also abroad . and albeit at home some were moued in respect of the compassion they had of the present perill , if it were refused , 〈◊〉 thinke , that in some sense the oath might be taken : yet none abroad were of that mind . for that they allowed 〈◊〉 of any sort of equiuocation in matters touching faith and religion . and in these i hearesay , that the iesuites were among the chiefe , and most forward , as heere also is confessed : who notwithstanding before were most accused , bayted , and exagitated , both in bookes , pulpits , and tribunalls , for allowing , in some points , the lawfull vse of equiuocation . about which doubt , catholikes , according to their rule of subordination , and spirituall obedience in such affaires , referring the matter to the iudgement , and consultation of their supreme pastour , whome by the principles of their religion they belieue , that our sauiour giueth assistance , for the direction of mens soules , they receyued from him , after due deliberation , this answere . that the whole oath as it lay could not be admitted with the integrity of catholike faith for that albeit diuers parts therof were lawfull , to wit , all such clauses , as appertayned to the promise of ciuil and temporall obedience : yet other things being interlaced and mixt therwith , which doe detract from the spirituall authority of their said highest pastour ( at least wise indirectly ) the whole oath , as it lyeth , was made thereby vnlawfull . and this i vnderstand to be the substance of the popes resolution and answer , though all these particularities be not set downe in his breues , but only the oath declared to be vnlawfull in conscience to catholike men , as it lieth , without distinction . and what malicious tricke of the diuel then this may be thought , where sheepe do make recourse to their spirituall pastour , in so great and important occasions of their soules , as these are , i see not . doe english catholicks any other thing in this , then that which all english subiects , both great & small , learned & vnlearned haue done , and practised from our first christian kinges , ●ntill the ti●e of king henry the eight vpon the point of a 〈◊〉 and yeares ? let t●e answere to syr edward cooks book o● reportes lately set forth be examined , wether it doth not sh●w , that in all those ages , recourse was euer made to the sea apostolicke in like occasions , without preiudice of sub●ects temporall duties to their temporall princes . no one english christian king ( though they were many ) did euer a●solutely deny recourse to rome in spirituall thinges ) notwithstanding in some other ciuill , or mixt matters , vpon different occasions some restraints were sometimes made ) frō our first king ethelbert to king henry the eight , as by the said discourse and answere is euidently proued : and much more throughout the whole ●anke of the christian kings of scotland , his maiesties progenitours , vntill his most renowned progenitrix ( by whome , and from whom he hath his royall right of both crownes ) who is knowne , and reputed throughout christendome to haue died for defence of this catholike doctrine . for so much , as if she would haue abandoned that , there had bene little doubt of making her away . and the like may be said of all other great christian , & catholicke princes of our daies , as the emperour himselfe , the potent kinges and monarches of spaine , france , polonia , and other states , common-wealthes , and po●entates , doe not thinke it any disgrace , diminution of honour , perill , or iniury vnto them , that their subiects , for matters of conscience , doe make recourse to the sea apostolicke , or that which is consequent thereof , the said sea , or generall pastour doe interpose his iudgement , declaration , or decision in such affaires . this is the catholike doctrine & practice : this hath bene in vse throughout christendome from all antiquity : and no where more then in our realmes of england & scotland , as hath bene said . in this beliefe and practice , liued , and died all our forefathers , and our noble kinges , that were our soueraignes , all our bishops and prelates that were our pastours , all our great counsellours , and lawiers , that by their wisdome & learning gouerned the land , all our nobility , gentry , priests , & laity . so as if now this be houlden for a malicious tricke o● the diuel , dish●●●●●ble , and preiudiciall to his maiesty , his soueraignty , crowne , dignity and security , as here is insinuated , it must needes be , for that the diuell indeed hath made some change in other men & matters , by altering of opinions , and apprehensions . for the catholickes are the same , that they were wont to be , & do thinke the same , belieue the same , teach the same , and practice the same , that all their predeces●ours haue done before them . this was my declaration & discourse . what substantiall answer , or argument can m. barlow bring against this● you shall see , how he will gnibble at the matter , as a mouse at the cheese-vate , and cannot enter . he saith first , that i am in my element , when i am in this argument of recourse to rome , vsed to be made from age to age , by our ancient christian english people , prelates and princes , & that there is scarce any epistle , preface , pamphlet , booke , or petition of myne , but that this is therein the cypres-tree , to make rome the loadstone for drawing thither the tryall of our gould in both senses , and the like : that i borrowed all from cardinall allen in his apology : that we haue receyued full satisfactory answers in this behalfe , to wit , that when the bishops of rome in purer times did beare thēselues as religious members , not as presumptuous heads of the church , and lyued as ghostly fathers to counsaile , not as superiors to controle , our realme being then also rude , and learning scant , religion new sprong vp , and no where setled , i say then , and in those dayes , m. barlow graunteth , that the recourse was made to rome , but yet vpon deuotion , and mere necessity , and not then neither , without leaue of the prince . this is his tale . and doe you not see what gnibling this is ? doe you not behould the poore man in what straites he is , to say somewhat ? what more euident , or more strong demonstration could , or can be made ( if he would ioyne really to see , and confesse the truth ) to proue the right , and continuance of the bishop of rome his supreme spirituall authori●y ouer england , and recourse made vnto him therein , then that which was made against syr edward c●●ke , in the answer of the fifth part of reportes , that from king ethelbert our first christiā king , vntil the defection of king henry the eight , vpon the poynt of a thousand yeares , and almost a hundred christian kinges , it was inuiolably obserued in england to make such recourse in matters of doubt , concerning ecclesiasticall , and spirituall affaires , vnto the sea apostolike and the vniuersall pastour thereof , as lawfull iudge , not for counsaile only , but for sentence , determination , and decision , both be●ore , & after the conquest . so as except m. barlow do see more then all they did , and haue more learning , and piety then any of them , who ●ollowed also therein not their owne sense , and iudgement only , but that of the whole christian world besides : all these spruse , and princocke exceptions of ●urer tymes , rudenesse of the land , lacke of learning , theyr being of new christians , and the like , are but ridiculous inuentions of an idle busy-head , and so not worth the standing vpon to answer them , for that they are euidently false in the eyes of al the world . and like vnto these are the other ●oyes , that do ensue pag. . . . as for example , that there was no need to make recourse to rome for deciding the doubts about the oath , which he proueth , forsooth , and that very ●oberly , out of s. paul . cor. . is there not a wise man among you ? among al the priests secular & ●esuited in englād , that can determine a controuersy about the oath of allegiance ? might not your arch-priest blackwell so authorized by the pope , so commended . and countenanced by two cardinals , cai●tan and burghesius be sufficient ? but al this is simple geere , as you see , and hangeth not togeather , but rather maketh for his aduersary . for if the arch-priest that then was , had his authority from the pope , then reason was it , that in so great a doubt concerning the soules of so many , the matter should be consulted with the superiour , as we see it vsuall in england , that lower iudges in difficult cases doe consult with them , from whom they had their authority . neyther doth s. paul here alleaged , meane that the corinthians should choose some contemptible man to be their iudge in spirituall , or eccle●a●ticall matters for in all those he biddet● all christians to be subiect to their bishops , & spiritu●ll pastours , that haue to render accoūt for their soules ; but h● meaneth in temporall matters , and particuler sutes , and ciuill controuersies betweene man , & man , which he houldeth to be contemptible thinges in respect of the spirituall , and especially to contend for the same before infidell iudges , as they did . and so doth m. barl●● wholy peruert s. paul , as his fashion is commonly in most scriptures , and authorityes that he alleageth . but now we come to another argument of his , against our recourse made to rome for decision of this great doubt , concerning the taking , or not taking the oath . and albeit you haue heard how many impertinent and childish arguments he hath vsed before about the same , yet none of them can be compared with this for absurdity , and impertinency : and it consisteth in taking exceptions against the very person of the pope , paulus quintus , that now sitteth in the sea : who being so eminent for his good partes , & rare vertues , as laying aside his supreme dignity of vniuersall father of christs catholick church , the same doth grieue exceedingly the hartes of all heretickes , that hate the aposto●●cke sea , and him only , for that he sitteth and gouerneth so worthily therein , which they cannot abyde● but let vs see , what they obiect against him in this behalfe . vvhat is there ( saith he ) in this pope for his iudgment in diuinity , that his determination should be expected about this oath of alleg●●●ce to his maiestie , more then in his predecessour clemens , whose opinion was not inquired of about the oath for conspiracy against the whole realme ? wherunto i answer that for so much as the other oath of conspiracy ( if any such were ) was but betweene certaine particuler men , who did vpon discontentmēt cōspyre togeather , and bynd one the other by oath to secresy , & did presume , that both pope clement , & this pope if they had bene made priuy therof , would haue letted their bad intentions , therfore the conspirators neuer proposed the m●●ter vnto them , but concealed it from their knowledge whome they as●ur●d to find opposite to their designements in such like attempts . but this other oath called of allegi●●ce , for that it was a publike matter , and vrged publikly to be taken by all catholicks , with most grieuous penalties of lo●se of goods , landes , & liberty proposed for the refusers , and for that the sayd catholikes had a great doubt , whether they might receiue the same with a safe conscience in respect of diuers clauses therein contayned , tending to the deniall , or calling into question the popes supreme authority ouer christian soules , therefore they thought it necessary to make recourse to the sea apostolicke , and to demaund resolution thereof , according to the custome that had bene obserued in the like cases in england , during the raigne of all catholike christian kinges from their beginning of christianity vntill king henry the eight , as else where largely hath bene proued by a seuerall booke writtē lately of that argument . and as the english catholickes were desirous to exhibite vnto their king all duti●ull obedience , and subiection in temporall matters : so were they desirous also not to doe any thing against their consciences in spirituall affaires towardes their supreme pastour , whome they acknowledge to gouerne them in place of christ our sauiour . and this was the cause , why the one oath was not consulted with pope clement the eight , & the other was with pope paulus the fifth , not somuch for his particuler and personall iudgemēt in diuinity ( though it be great ) as in respect of his place , and the most certaine assistanc● , which almighty god giueth him , and all other in that place for gouerning of his people : as also for the particule● obligation , that all catholick christians haue to obey their supreme pastour , whose authority receaued from our sauiour , is more to be respected , then the gift of humane learning , which i suppose m. barlow in the kinges royall authorit● , and person will not dare to deny ; or thinke it good dealing , or law●ull proceeding , if when he setteth our a proclamation , his subiectes should demād what skill in law or diuinity he hath for auouching ●he same ? and much more if the question had bene made in the time of q. elizabeth who profe●●ed not so much learning as this king , and yet would be obeyed no lesse then he , i● her dayes , euen in matters ecclesiastical , although i think , that the neuer studied diuinity . it followeth in m. barlow . of pius quintus ( saith he ) who absolued the queenes s●●iects ●rom their obedience , it was said by some of his owne , that he was homo pius & doctus , sed nimis credulus , religious and learned , but too easy of beliefe . but of this paulus quintus who hath inter●●cted the subiects of our soueraigne king to sweare their obedience , eyther for his diuinity , or piety we haue heard nothing . whereunto the answer is easy , for if you haue not heard therof , it is for that you are loath to heare so much good , as you may , of his holines in both points . his profession was not the faculty of diuinity , but rather of ciuill , and canon law , before god did choose him to the place & dignity , where now he is . it is well knowne that his holines hath great sufficiency also in the other , for discharging of his obligation in that high office : and hath moreouer so many learned men about him in all sciences to consult withall , whē matters of weight do occurre , as this poore exception of the hereticke about learning in his holines , is a good witnes of his want of better matter , what to speake to the purpose . and as for his piety , which is the other point , let his holines life , and actions be looked vpon , as we know they are by all heretikes in the world , and curiously pried into ; not only at home in their owne countreys , but in rome it selfe , where many do go to certify thēselues in this , and sundry other like pointes , and do depart much edified therby , and sundry of them conuerted dayly by seeing the contrary to that which before they heard : wherof my selfe among others , can be a good witnes , that haue seene the effect hereof in sundry of our nation , as others can say the like by theirs . and this amongst other things is very notable and knowne , spoken and confessed by all sortes of people in rome to be in him , to wit , an angelicall purity of life , throughout the whole course therof : in so much that he was neuer yet stained with the least blemish of suspicion to the contrary . which publike voice , & testimony how well it hath bene deserued of m. barlow & his mates● i remit my selfe to the common fame of their next neighbours , or such as know them best . as for that he saith of pope pius quintus , that he was accompted by catholikes themselues , nimis credulus , notwithstanding he was homo pius , & doct●s , as it is no great accus●tion : so is it spoken and vttered without any testimony at all , and therfore of small credit , as comming from one , that is found so full of vntruthes in most of his allegations , wherof we haue giuen so many examples , and shall do more in the residue of this our answere , as i doubt not , but that he will scarsely seeme worthy to be belieued , when he bringeth witnesses , and much lesse without them . but there remayneth a more large impertinency of m. barlow cōcerning this pope his skill in diuinity , setdown in these wordes , taken from the comparison of s. peter , & s. paul. s. peter ( saith he ) whose successour he is stiled , and s. paul● whose name he hath borrowed , had their diuinity indeed by in●●s●●n , but their writings , reuealed it to the world . so that peter we know , and paul we know to be singular d●uines ; but who is this ? no men that seeketh to be ●amous doth any thing in secret , say the bretheren of our sauiour . vvhere then are his labours ? his sermons ? his treatises ? his commentaryes ? his epistles theologicall ? his doctrinall determinations ? his iudiciall decis●●s ? all which are vsuall attractiues to draw an opinion vpon a man , that he is a sound resoluer . so he . but syr , stay your maister-ship : these are no sound groundes to build the certainty of resolution vpon in a magistrate , especially such as the supreme pastour is , but rather the promised assistance , that christ our sauiour made to s. peter and his successours , sitting in the apostolike chaire , that hell-gates should neuer preuaile against the same . and how many haue written sermons , treatises , commentaries , epistles , determinations , and decisions , and do write dayly , to whome notwithstanding we ascribe not this certainty : albeit the last two , for determinatiōs , and decisions , i doubt not but his holines hath ma●● many in his dayes , and those very profound , and learned , hauing bene a iudge in diuers great affaires , as the world knoweth , before he came to this dignity , whereto he ascended , not by fortune , or fauour , or negotiation , but by the merit of his great and rare vertue , correspondent to the worthines of the noble and ancient family , from the which he is descended . and this wil be euident to any man that shall consider the eminent offices and dignityes , wherwith he hath bene honoured euen from his youth , as of referendary in the high court of signatura de gratia , of vice-legate in bologna , of nuntius apostolicus into spaine for most important matters , and of auditor de camera ; in all which charges , and imployments , he gayned such reputation of learning , wisedome , and integrity , that pope clement the eight of blessed memory , held him to be most worthy of the dignity of a cardinall , wherto he aduaunced him ; and afterward neuer ceased to imploy him in the gra●est and weightiest affaires of the sea apostolike , partly in the holy congregation of the inquisition , and partly in the office of vic●r-generall of rome : besides other continuall occupations in diuers congregations , and particuler commissions which the said pope clement daily commēded vnto him , as to one of the wisest , and most confident counsellours he had . so that all this being considered , malice it selfe cannot deny , but that his singular partes of learning , wisdome , experience , and all vertue opened him the ga●e to the soueraigne dignity of supreme pastour , wherto almighty god of his particuler prouidence ( no doubt ) hath exalted him , for the speciall good of his church . but m. barlow misseth in the very ground of our catholike certainty , and infallibility , and so rangeth most ridiculously to matters nothing to the purpose . for 〈◊〉 what end i pray you , or with what iudgement , doth he bring in that speach of our sauiours brethren , in s. i●●●s ghospell , no man that seeketh to be famous , doth any thing insecret ? doth it appertaine any thing to our purpose ? or doth his holines seeke fame by learning , or in secret , when he determineth any matter ? surely it seemeth that this false bishop will needes make himselfe famous by his folly and false dealing ; and yet we must heare him out a little further for that the further he goeth , the more gall and malice he sheweth against the person , and dignity of pope paulus quintus . now then he will needes bring in the testimony of certayne secular priestes , as he calleth them , agaynst the person of his holines ; though in this he deserue as little credi● , as in the rest . his wordes are these . into his qualyties i will not enter : he standeth , and falls to his owne maister . but if he be that cardinall burghesius whome some of the secular priestes haue sometimes described , and haue assured vs to be true in him , which is spoken of tiberius gracchus , that he is a rash speaker , and an headdy vndertaker , of a most violent spirit , and impatient of contradiction , in whatsoeuer he hath but once imagined . if this , i say , be true ( which god forbid in so great a church-man ) now surely he is not the fittest iudge to be resorted vnto in cases of conscience , especially of such a nature , and consequence as this in hand . so he . where first the reader may note , that he sayth , he wil not enter into the pope his personall qualities , and yet he doth : shewing thereby , that his aboundance of malice ouercame his iudgement , & first intention . and if you stand attent , you shal see , that sathan the author , & inspirer of all malignity , to worke this heretikes greater shame , made him lay hands vpō such a calūniation as all the world both catholiks , & heretiks that haue any knowledg of his holines person will testify , to be a meere slander , to accuse cardinall burghesius , before he was pope , to be a rash speaker , an headdy vndertaker , a violent spirit , & impatient of contradiction , is as probable an accusatiō among thē that know him , as to say , that s. francis was couetous , s. thomas vnlearned , s. bernard indeuout , s. dominicke without zeale of soules at all ; that is to say , to ascribe the cōtrary vices to him that was singular , & eminēt in the opposite vertues . and this is so euident , & notorius in the present calūniation , that whosoeuer did but come to rome , and did discourse of cardinalls , of their qualities , and conditions ( as men are wont to doe ) but much more , if they conuersed with him , should vnderstād that he was so ●arre of from rash speaking , headdy vnderta●●●●●iolent spirit , and the like ; as the contrary vertues were ●●●gularly respected in him , to wit , of prudent speach , of slow and moderate enterprizing , suauity of spirit , and patience in hearing euery man with lenity , as it pleased the diuine prudence of almighty god afterwards to vse this generall opinion , and conceipt of him , as a potent meanes among others , to induce the cardinalls to choose him to the place and dignity that now he houldeth . so as any other slaunder , or calumination might sooner find place against him , then this . and whereas he alleageth some of the secular english priestes to haue bene authors of this false accusation against his holines , quoting in the margent m. bluet &c. whereby he would signify , that he , and his fellowes had affirmed the same ; it seemeth that he doth allude vnto the time , when the said m. bluet and three other priestes went to rome , vpon a certaine appeale ; and so at their returne , might make this description , as he calleth it . but why doth he name one only , and he dead ? no doubt , but that the fal●e bishop did foresee , that if he had named them all , or the most part of them , the slaunder would haue bene answered by some of them that are aliue : but by naming a dead man that answereth not , he thought he might scape scot-free from reprehension of the slaunder . and this is no vnusuall art of heresy , that seeketh to maintaine it selfe by lying , and forgery . and thus much now be spoken about the thing it selfe to wit , how vnius●ly these phrases , and epithets are ascribed vnto the person of his holines , supposing that the h●r●tick had deal● vprightly in alleadging them out of plutarke , as giuen to tyberius grac●hus : but the truth is , that in no one thing commonly shall you euer find him true : & so here he both falsifieth plutarke , & iniureth tyberius gr●●chus . for plutarke hath nothing so much of tyberius gracch●● , as here in english is fett downe , neither that which he hath , is spoken by him in such reproach , as maister barl●● would haue it seeme . for plutarke relateth the contention had before the people betweene tyberius gracc●us , and titus a●r●us , the first a most eloquent man in speach , the second craf●y in proposing subtile questions , whereof hauing proposed one at their first encounter that did sting gracc●us , plutarke saith : ad hanc quaestionem reserunt ita tyberium hasitasse , ●t qui omnium esset ad dicendum expectitissimus , & proiectissimus ad ●udendum , obmutuerit . at this question of ●itus annius men say , that tyberius gracchus did so sticke , as that he held his peace , though he were of all other men , the most prōpt to speake , and most bold to attempt . this is all that plutarke saith : so as the rest which m. barlow addeth , of a most violent spirit and most impatient of contradictiō , in what he hath but once imagined , is his owne imaginary fiction , and not plutarkes relation , as indeed he is forced also to confesse in the eye of the learned by setting downe the sentence it selfe in gre●ke , amplifying the same in the english tongue , for the deceiuing of the vnlearned english reader : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , prompt in speaking , and bould in attempting , which later , though it be taken for the most part in ill sense , yet sometimes also in good , that is for magnanimus animosus &c. as out of plato , aristophanes , and other greeke authors may be proued . and albeit i will not stand to defend that in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 m. barlow doth wrong plutarke and gracchus in translating , headdy vndertaker , rather then magnanimous ; yet doth he offer them open iniury in translating the other epithete 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a rash speaker , whereas indeed it signifyeth to gracc●us his praise , a prompt , and ready man in speaking , eloquent , copious , and the like . but as for the other exprobrations of a most violent spirit impatient of contradiction , and the rest ; he abuseth ●gregiously both gracchus , & plutarke : for not only are those reproaches not found there , as applyable to gracchus , but the very contrary is sayd of him , and therin is he preferred before his brother caius in these words of plutarke : vul●u & obtutu , & motu bla●d● erat & compositus tyberius , acer caius & vehemēs : deinde or ati● suln●nans caij , dulcior tyberij : pari modo in victu , & mensa frugalis , & s●●rplex tyberius &c. lenis etiam & placidus : confragosus alter & seruidus . tyberius both in countenance and motion was a●●●ble and composed , caius sharpe and vehement ; and consequently to this the orations of caius were thundering , but those of tyberius more sweete : and in like manner tyberi●● was more frugall and simple in his dyet , and table , then his brother caius : he was also very gentle , and pleasing in his behauiour and speach ; but the other was rough and feruent &c. now then , let the prudent reader see , and consider how all this doth agree to the description of tyberi●● set downe by m. barlow , and how true a man he is in all his assertions . and how false soeuer he was in the allegation , certaine it is , that he dealt most wickedly in the application of all to the person of his holines that now liueth . and this much shall suffice about this matter . it followeth pag . & . after he had discharged such a storme against the popes owne person , as now you haue heard , for his medling in this oath , and giuing his decisiō therof , he sayth , that this was to be iudg in his owne cause , alleaging a poet for his proofe , about sur & latro , one pleading at the barre , & the other sitting at the bench . but doth not the malicious man see , that this his cauillation toucheth the interest of all princes , as though they might not be iudges , or giue sentence in cases wherein themselues haue a part , if law stand with thē . for to cause other men to do it in their name , by their authority , is as much as to do it themselues . and what did the pope more in this case thē this ? making a decision by counsaile of his learned men , according to christian law , that this case of england touched points of religion concerning the sea apostolick ; which authority no pope can infringe or diminish without sinne , if he would ; for that it was giuē not only to him , but to his ant●cessors , and successors in like māner to indure for the good of the whole church , to the worlds end . but ( saith m. barlow ) it had bene plaine dealing in the pope , if before he had sent his breues of interdiction , he had acquainted his mai●stie with encounters of doubt that bred the quarrell , and the ouer-swaying reason that carried him to the negatiue . very wisely spoken , and worth the wit of m. barlow . and would his maiesty haue admitted the messenger , or message ? who seeth not , that there is nothing heere but trifling , and caueling ? but i may adde also scoulding , for he breaketh presently into a most desperate blast of rayling against f. perso●s , calling him , trayterous absolom , that careth not to set his ●●●e friendes , land , yea to see his natiue soile on a light fire , so he may purchase the popes fauour . all which is spoken with much passion , & little reason , for that the probability is much more that maister barlow flattereth the kinges maiesty for hope of preferment , whereof he is capable , and hath gotten possession of a good part already , then ●a . persons the pope , whose state and condition of life hath no need of such preferment ; nor can it be proued , that euer father persons spake for a fee , forward , and backward as m. barlow hath done , in his best patrones cause . as for the authority of the sixt councell of carthage , about appellations to rome noted in the margent , it is not worth the answering , both for that the words nor sense alleadged by him are there found , and the controuersie about appeales to rome from africa is so handled by me at large in my last reckoning with m. morton , and he found so faulty , and defectuous in that accompt● as if m. barlow will take vpon him to pay that debt , and to answer that only paragraph for him , i shall say , that he is his friend indeed . wherefore i expect the euent . in the very next lines following m. barlow doth so brokenly recite my wordes about m●●●is aliena , another mans haruest ( for so did the apologer write , that english catholikes are to the pope ) that he maketh neyther me , nor himselfe to be vnderstood . read i pray you his relation of my wordes pag. . numb . . and see whether you can vnderstand him , about m●ss●●aliena . my words were plaine inough , for thus i wrote page . numb . . by him cited . for first about putting the popes hooke in ano●●er mans haruest , supposing , as we do , that we ●●●a●e of cat●olike people onely , and according to catholike doctrine , and in matters belonging to catholike m●ns soules , and consciences ; it cannot be called messisali●na , another mans haruest , that the pope dealeth in england , with such kind of people , & in such cases , as well as in spaine , france , flaunders , italy , germany , polonia , and other states , and kingdomes : for that they are no lesse appertayning to his ●●ock , care , charge , and haruest , then the rest . neyther doth the materiall separation of our iland , separate vs from the vnion of one body , nor of one obedience , to one and the selfe same generall head and pastour , no more then it doth frō the vnion of one beliefe , and of one number and forme of sacraments , of one manner of seruice , and other like pointes , belonging to the internall , and externall vnity of catholike religion . and is not this plaine inough ? how doth he reply ? you shall heare it in his owne wordes , and he will so imbroyle himselfe therin , as he will let fall neere halfe a dozen of absurdities , ignorances , and open falsities by the way . do you stand attent then ● thus he bringeth his answere to my former discourse of messis aliena . this is a 〈◊〉 argument no doubt ( quoth he ) the pope hath to do in england sait● the censurer , because some catholikes suppose he hath , but before this supposall be brought into a positiue resolute conclusion , it will aske a longer time , then such a pamphlet &c. where you see first , that he quite mistaketh me , eyther of ouersight , or of purpose . for i do not make that argument , which he frameth i● my name , that the pope hath to do in england , because some catholickes suppose he hath . nor is the word supposing vsed by me , applied to some catholikes , as though they supposed ; but to my selfe , that i supposed : and so this change of the person , as you see , is a foule ouersight in repeating his aduersaries argument . there followeth the like change of the subiect , for my supposall was not , that the pope had to do in england , but that we treated , and spake in that place of catholike people , according to catholike doctrine , and of catholike consciences , not of protestants consciences , or iudgements , for that the question was not , whether protestan●s with a good conscience might take the oath , or not , but catholikes with the integrity of their religion . out of which supposall is inferred , that forsomuch , as catholike doctrine in all schools of the world , as well of spaine , france , italy , and others , do teach , and define , that all catholike people , whether they be farre , or neere , without exception , are equally subiect to the supreme pastour of the church , wherof they are members : it followeth , i say , that dwell they neuer so farre of , they cannot be called , nor accounted messis aliena to their said vniuersall pastour . but let vs heare m. barlow further , vttering other ignorances intolerable in the eares of learned men . but before this supposall ( saith he ) be brought into a positiue , and resolute conclusion , will require more tyme &c. what , m. barlow this supposall , that we treated of catholike people only and according to catholike doctrine , and not of protestants ? my wordes are playne , do you read them ouer againe , supposing as we doe ( quoth i ) that we treat of catholike people only , and according to catholik doctrine . you see my words : this was my supposall : what difficulty is there now , to reduce them to a positiue , and resolute conclusion , saying and affirming resolutely that which then i supposed , to wi● , that i treated in that place of catholikes only and their consciences according to catholike doctrine , and not of protestants ? do you see , how hard a matter this is to bring a supposall into a conclusion ? and doth not your reader see , to what straites of absurdityes , your folly hath brought you ? but yet the reader must further know , that there is included in your wordes , greater ignorance perhaps , thē any of the former ; for you imagine , as by your sequent wordes appeareth , that a supposall is of much lesse certainty , then is a positiue , and res●lute conclusion , which is quite contrary : for that a positiue conclusion , how resolute soeuer it be on the behalfe of the defender , yet may it be controuerted , and called into question , or disputed of : but a supposall cannot , for that it is supposed , and graunted by both partes . let vs see then m. barlow his acumen in this matter . thus he writeth of me , and my supposall . it argued ( say you ) some ingenuity in the man , that he made it but a supposall , and a●terward againe , talking of a proposition , or conclusion of cardinall bellarmine , about the mother-church of rome , you say , the best writing iesuits do indeed make it a supposall , and the most ●auorable of them , that it is b● likely . whereby it is plaine , that the silly man houldeth , that a supposal in diuinity , or philosophy is more vncertaine , then a resolute proposition or conclusion , and in effect he takes it for only a likelihood , or probability , which onely to heare is ●idiculous amongs● learned men : for that alwaies the thinges supposed in any silence , are taken for most ●ue , and vndoubted , as graunted by both partes , yea they are the very groundes and principles of all sciences , wheron the certainty of all conclusions , throughout those sciences , doth depend . and so we see , for examples sake , the ●uclide in the beginning of his bookes of ge●●●● doth suppose certaine principles , and groundes of that science , as that , 〈◊〉 est main sua parte , euery whole is greater then the part therof : si ab aequalibus aequalia domas , ●●liqua e●●nt aequalia : i● from equall thinges you take equally away , the rest which remaine shall be equall , and many such other like suppositions , which are to be seene in t●e ●●st ●ooke of these . which ●uclide calleth de element●s , ●● t●e ●l●ments , or principles of ge●metry . and now to say , that these supposalls are of les●e certainty then positiue o● r●sol●t● conclusions deduced from them , and grounded vpon them , as m. barlow imagineth , is so absurd , as nothing can be more , ●or that the conclusions may be denyed or dis●uted 〈◊〉 , but the supposals may not . a●is●otle a●so when he treateth of the principles of 〈…〉 wh●c● as p●●lus testif●eth , he calleth suppos●io●● , a 〈…〉 or supposalls , quia supponenda sunt , for that 〈◊〉 are to be ●●ppos●d , and not to be proued ; sheweth that 〈…〉 supposals is infallible , for that they 〈…〉 partes , for which let this one example 〈…〉 c●ris●i●n should contend with a l●w , about 〈…〉 . death or resurrection of our sauiour , & 〈…〉 , fi●st as a thing euident , & acknowledged 〈◊〉 both , that whatsoeuer is contained in the old testament , is o● infallible truth , & authority , and therevpon should frame many positiue and resolute conclusions from the predictions of the ancient prophets about these mysteries of christ ; should these conclusions be of more certainty , then the foresayd supposals vpon which they stand ? or shall it be but likely only , and probable , that the old testament is true , for that it was only supposed , and not proued at the beginning ? what can be more ignorantly spoken then this , concerning the comparison of conclusions , and suppositions ? nor can he run out , by saying that he agreed not to my supposall at the beginning , for that there are certaine supposalls so euidēt of themselues , as they require no consent of the aduersary , as were those of euclide before mentioned : and so was this of mine in the passage of my letter already cited , where i supposed that i treated of catholike people only , and acording to catholike doctrine , and in matters belonging to catholicke mens soules , and consciences , , and not of protestants : which supposall no man can contradict , for that it is most cleare and euident by my owne wordes , and therefore consequently m. barlow hath shewed himselfe but a very poore philosopher , and a worse deuine in this place . but the two notorious vntruthes , which he vttereth presently in the next ensuing lynes ( though i be weary now of such stuffe ) may not be pretermitted . the first is against cardinall bellarmine , the second is against the pope concerning his prohibition of the oath . his wordes for the first are these . if all the rest of the apostles were not ordered bishops by s. peter ( saith bellarmine ) then cannot the church of rome be mother of all other churches ( much lesse the bishop ) and whether it were so or no , the best writing iesuites doe indeed make it but a supposall . but now for the chastisemēt of his folly , for saying but a supposal , as though it were a speach of vncertainty i haue said sufficiēt before . there remaineth his vntruth in saying that bellar. doth suppose , that if the rest of the apostles were not made bishops by s peter , then cannot the church of rome be the mother-church of other churches , nor the bishop vniuersal bishop . for first as cōcerning the latter part , about the vniuersall bishop , bellarmine hath no one word thereof , but teacheth the quite contrary , founding the power , and authority of s. peter ouer all other churches , vpon other groundes , and namely vpon the commission of christ , matth. . & ●oan . . & not vpon his ordayning or not ordayning bishops of the other apostles : about which question , he doth but set downe the opinion of ioannes de tu●re●remata lib. . summae de ecclesia . cap. . with his reasons ●or the same , and consequently , doth not ●et it downe , as a supposall , certaine ground , or principle , but as a probable , and disputable opinion , though himself hould the opinion of turrecremata to be more probable . but on the other side franciscus de victoria heere cited by m. barlow himsel●e , though he be of a contrary opinion to turrecremata , and to bellarmine , about the ordination of all the apostles by s. peter : yet doth he in the very same place professe , that s. peter was vniuersall bishop ouer all the church of god. primus , & princeps cum summa supertotam ecclesiam pot●state . that among the apostles he was the first , and principall , with supreme power ouer all the church . so as the denial of this particul●r priuiledge in s. peter , that he ordained all other apostles bishops , doth not in●e●e , that he was not vniuersall bishop of the whole church , as here we see m. barlow most falsely to inferre . and whereas he noteth in the margent with great diligence diuers catholicke writers , that d●● hold the question to be probable on both sids , as salmeron , victoria , suarez , and gregorius de val●ntia , that is but an old trick to shu●●le and make a noice , where there is no need : for bellarmine doth not hold the thing to be de fide , or infallible supposall , and consequently it little importeth to bring in this diuersity of opinions of the a●oresayd authors , about the matter . now then to come to the second vntruth , that the pope by decreeing the oath , as it lay , was vnlawfull , did also forbid euen that very point of s●earing ciuill obedience , which is so notoriously vntrue , as whosoeuer doth but read the popes breue it selfe , or cardinall bellarmine his explication therof , or my letter , wherin the contrary is euery where protested , wil maruaile to see such impudent proceeding . but of this more afterward . now wee shall passe to discusse , whether there be any pointes in the sayd oath , concerning the religion , and consciences of catholicks , whereby the taking thereof was made vnlawfull vnto them . for this doth maister barlow vtterly deny , as now you shall heare . whether the oath be only of civill obedience ? or whether there be any clauses in it against catholicke religion ? chap. ii. this point being one of the most chief of al my treatise about the oath , is hādled by me somewhat largely pag. . of my letter , where , vpon the deni●ll of the apologer , that any thing is there required but ciuill obedience , my wordes are these : and how shall we cleare t●is important matter , to wit , vvhether there be any poyntes in th● oath belonging to religion , besides ciuill obedience ? and i do answer that it is v●ry easy to cleare the same by fower seuerall , and distinct wa●es . first , by the expresse wordes , sense , and drift of the oath it selfe , that besides the acknowledgemen● of temporall respects , to wit , that our soueraigne is t●●● k●ng , right●ull lord ouer all his dominions , and ●hat the swearer is his true loyall subiect , to obey him in all temporall affayres , and other like clauses , whereat no man sticketh , or maketh difficulty ; there be other clauses also against the authority of the supreme pastour , which doe iustly breed scruple of conscience to a catholicke to ●dmit , or take the same . secondly i shewed the same , by the popes wordes in his breues , wherin he doth conioyne the taking of this oath with the going to the churches , and seruice of a different religion , pronouncing the one and the other to be vnlawfull . thirdly i declared the same out of the iudgment of cardinall bellarmine , & other learned men , who hauing considered well the nature of this oath , and different clauses therin cōtayned , do hold it for so cautelously compounded by artificially ioyning togeather temporal and spirituall thinges , to wit ciuill obedience , & forswearing the popes supreme ecclesiasticall authority , as no man can thereby prof●sse his temporall subiection , and detest treason and conspiracy , which all catholikes are most willing to doe , but he must be forced also to renoūce the primacy of the sea apostolicke , from which all good catho●ick consciences do iustly abhorre . fourthly , for a more full , and finall clearing of this matter , that i could thinke of no better , nor more forcible meane , then to make this reall offer on the behalfe of euery english catholicke , for better satisfaction of his maiestie in this poynt so much vrged of their ciuill , and temporall obedience . first that he will sweare , and acknowledge most willingly all those partes , and clauses of the oath , that do any way appertayne to the ciuil , and temporall obedience due to his maiesty , whom he acknowledgeth for his true , and lawfull king , and soueraigne ouer all his dominions : and that he will sweare vnto him as much loyalty , as euer any catholicke subiect of england , did vnto their lawfull kinges in former tymes and ages , before the change of king henry the eight : or that a●y forrayne subiect oweth , or ought to sweare to any catholicke prince whatsoeuer at this day . these were the ●oure wayes , which then occurred 〈◊〉 my mind , wherunto it shall be good , to examine brie●●y , what m. barlow hath bene able to say in this his answ●●● he beginneth resolu●ely , as though he had intention 〈◊〉 ioyn● really indeed . now then ( saith he ) this must be cle●●●● , whether the oath doth onely concerne ciuill obedience , yea or no : 〈◊〉 that it doth not , the censurer taketh vpon him , to satisfy in eight ●●●bers ●rom the . to the . , and that foure seuerall waies . so ●e . and what doth he alleage against these foure waie● ? 〈◊〉 e●fect no word at all , though he babble not a little of diuers matters impertinent to the purpose . vve laying this 〈◊〉 our ground , saith he , that first both swearing , and performing 〈◊〉 obedience , is aswell negative against any intruder , challenger , or vs●●per , as affirmatiue ●or the lawfull gouernours , and soueraignes . secondly that this challeng of the pope in dethroning , and deposing of pri●ces is a temporall intrusion , and no spirituall iurisdi●tion ; do c●●cl●●● with a strong and apparant euidence , that the whole bulke of the o●●● both in the submissiue , and exclusiue part , doth onely concerne ci●ill obedience . all which speach of his , if i should grant , as by hi● it is vttered , yet doth it not so much as impugne any of the former foure waies , wherby it was shewed , that diuers points of catholike religion are touched in the said oath and impugned therby : so as a catholike man cannot admit the same without preiudice of his conscience , which these groundes do nothing impugne . but now let vs see how well grounded are these his two groundes impertinently brought in for some shew of answere . the first is , that ciuill obedience to a lawfull prince requireth the subiect to sweare , not onely affirmatiuely , that he is his lawful soueraigne , but also negatiuely against any intruder , challenger , or vsurper , which we deny not : but do deny that the pope as supreme pastour ouer al● christendome is to be called an intruder , challenger , or vsurper , when for preseruation of christian religion , he doth interpose his authority for the restraint of any christian prince , that is , or ought to be vnder his iurisd●ction . and as for his second ground , that this authority of the pope is a temporall intrusion , and no spirituall iurisdiction , we deny it in like sort : for though it be temporall in some respects , yet is it no intrusion , but giuen by christ himselfe , as contained in the most ample spirituall charge and commission deliuered to s. peter for gouerning of all soules belonging to the sayd charge , which cannot be sufficiently gouerned and prouided for , if there had not beene such power left also , whereby euill princes might be restayned from peruerting their kingdomes , especially by infection of heresy . and whereas for proofe of this temporall intrusion , as he calleth it , he saith , that for to doe me a fauour he will remit me to t. m. the elder , to wit to thomas morton ●is full satisfactiō part . . ( whom he saith , i doe feare as the racke ) who among many others haue canuased ( saith he ) this point , in a confutation , to the popes confusion : i will to quit his fauou● send him backe to the sayd m. morton againe recanuased by me vpon this point in two seuerall bookes of answere , wherein so many notorious lyes are charged , and convinced vpon him , as may serue not only for his confutation , but also for the confusion of all his friendes , wherof this copes-mate m. barlow may well be one : and so much the more iustly be shamed therein , for that he may be presumed to haue seene one at least of my sayd bookes , and the lies therein so openly layd forth , and pressed , as he cannot but with impudency speake here as he doth , in remitting me to m. mortons canuase , and that , i ●eared it as the racke &c. but now let vs come to looke a little into m. barlowes impugnation of the popes authority ouer kinges . this authority of the pope ( saith he ) if it be a spirituall iurisdiction , it must be either from heauen , or of men , grounded vpon law , either diuine , or ecclesiasticall : nam quod ampli●u est , à malo est , sayth a deuout father to a great pope : all execution therof not deriued from eyther of these , implyes a tyranny , importes no right . if vpon diuine law , then eyther the old , or the new testament : not the old , the priestes among the iewes had no such authority ouer thei● kinges , eyther vnited to their priesthood by god , or assumed by themselues , confessed so by a iesuite , that the sta●e of the iewes was rather earthly , then heauenly : therfore the carnall part was more eminent , that is , kinges had the soueraigntie ouer the priestes . not in the new , for then s. peter should haue had it , eyther when the keyes were giuen him , matt. . or whē that trebled pasce was inioyned him , ioan. . if it be so , then had he this iurisdiction directly from christ , and ●●●uersally ouer the world : but that is not so , saith robert the cardinall , & this robert his eccho , but only ouer christian princes , and that indirectly and obliquely in ordine ad de●●● nay neither directly nor indirectly , saith sanders ; for there being a dubble power of christiā fortitude , constant suffering , & couragious attempting , that power of suffering ( as the more excellent ) christ chose , as the fittest sibi & suis , for himselfe and those that belong to him : or if you will , for himsel●e and his apostles . so then , to suffer oppression vnder kinges , not to inferre vpon them rebellion , and disloalty , was the power apostolicall in respect of princes . this is m. barl. his assault , which i haue thought good to set downe at large , both faithfully , and punctually in his owne very words , as my custome is , & not contractedly and perfidiously peruerted , as he euery where vseth to set downe myne , and that in a different letter ( as often i am forced to complain ) as though they were my wordes indeed . and now to this passage of his i say , that there is much impertinent stuffe , many falsities , sundry great abuses , misapplications , and wrong senses from the authors owne meaning whom he citeth . for first it was impertinent to cite that sentence of s. bernard , nam quod amplius est , à malo est : for that he vseth the same to a far different purpose , as euery man may see , that will read the place in his second booke de consideratione , which particular quotation maister barlow did pretermitt , citing only bern. ad eugen. therby to make the finding thereof more hard , s. bernard hauing written fiue bookes to eugenius . secondly that which he alleageth out of salmeron that the state of the iewes , was rather earthly , then heauenly , and therefore the carnall part was more eminent , that is , kings had the soueraignty ouer priestes , is notably both peruerted and falsifyed . for first salmerons wordes ( speaking of the ecclesiasticall gouernment of the iewes in comparison of that , which was giuen to the christian churches ) are , synagoga iudaeorum dicebatur terrenum potiùs quàm caeleste regnum . the synagogue of the iewes was called rather an earthly , then a heauenly kingdome : meaning that their power was but earthly , their sacrifices earthly , their promises and blessinges earthly , in respect of the heauenly and spirituall power , sacramentes , sacrifice , and promises of the new testament . nor doth he make comparison betweene the kings power , and the power of priestes , calling the former earthly and carnall , & the other heauenly , as most falsely & seditiously m. barlow here , after m. morton , doth auer : but only the ecclesiasticall authority of the iewes synagogue , with the excellent spirituall power of the christian church . and as for the comparison betweene kingly , & priestly eminency amongst the iewes , the said salmeron in the same place , doth not only affirme , but proueth also by sundry arguments , and one , by the worthines of the sacrifice offered in the first place for the priest before the king : that priestly dignity , was aboue princely in that people , and much more amongst the christians . so as here is notorious falshood on m. barlowes behalfe , which is much the more malicious , and intolerable in him , for that he had seene me to haue obiected the same falsehood , and vntrue dealing vnto m. morton in my booke of mitigation : & that the sayd m. morton was so farre of from being able to answer the same , as in his last reply he left it quite out : & now lately i haue obiected the ●ame to him again in my last reckoning with him cap. . & . whervnto i refer m. barl. to help him out . and so much of this point . it followeth in m. barlowes speach , that i● s. peter had receiued of christ with the keyes , math. . this iurisdictiō ouer princes which we pretend , then had it bene directly , & vniuersally ouer the whole world . but this is not necessary , for he might recei●● the same indirectly , as included and comprehended in the spirituall , to be vsed for the preseruation of the church , when spirituall necessity should require , as before ha●● bene said . and as for vniuersall ouer the world , it is sufficient that it be ouer christian princes and people only , w●● are properly the sheep and lambes that are commended 〈◊〉 the chiefe pastours feeding or gouernement , ioan. ● though vpon infidell princes also he may haue some power , in certaine cases ; as when they will go about to let the preaching of the ghospell authorized by these wordes , praedicate euangelium omni creaturae . but this appertayneth not to our question . but wheras he sayth , that cardinall bellarmi●e & i do affirme , that the pope hath only authority ouer princes , indirectly , & obliquely in ordine ad deū : we graunt the word indirectly , but as for obliquely in ordine ad deum , he will not i thinke find the phrase in any writing of ours , but only ●● ordine ad spiritualia , which is to say , that the pope hath such authority vpon princes , when the preseruation of the spirituall affaires doth so require , to wit , the saluation of souls : & he that shall read the place of bellarmin here by m. barlow quoted ( for of myne he citteth nothing ) to wit , lib. . de pontif. cap. . & . shall find this sentence , in ordine ad spiritualia , but neuer i suppose in ordine ad deum : for that all power of the pope is in ordine ad deum , & propter deum , whether it be spirituall , or temporall : but in ordine ad spiritualia hath an other meaning , as now hath bene shewed , to wit that the pope hath directly only spirituall authority to execute spirituall functions : but when this cannot be cōs●●u●d , or executed without the help of temporall , he may vse that also for defence of the other . so as it seemeth , that this our great doctour doth not vnderstād the very terms of deuinity , in this matter wherof he disputeth : and this his ignorance sheweth it selfe no lesse here , then before , about indeterminatio iudicy , in free choice . nor doth he onl● relate falsely , & ignorantly this point , as out o● cardinall bellarmine and me , but much more doth he abuse the name of d. sanders in the very next words , that do ensue , as though he should say , that neither directly , nor indirectly hath the pope this temporall authority from christ , but rather power to suffer , as now you haue heard him say , he citing for it de claue dauid lib. . cap. . wheras d. sanders doth hold the quite contrary in that booke throughout sundry chapters , to wit , that the pope hath receaued from christ vtrumque gladium , temporalem & spiritualem , both swords , that is , both temporall and spirituall authority , and proueth it by many arguments , and demonstrations : only in the . chapter he demandeth , why thē had not the apostoles depriued nero and domitius of their empires ? whereto he answereth , among other causes , that these were pagan tyrants , and not vnder the charge and power that was giuen to the church ouer sheepe , & lambes . and then in the . chapter , he demandeth further , why the apostles , & first christians had not elected some new king christan for the good of the church at the beginning ? whereto he answereth , alleaging sundry reasons , why it was not conuenient , that the christian church should be planted with violence , but that for the space , and time appointed by gods prouidence christians should exercise the other part of christiā fortitude which cōsisteth in suffering , as is before touched● but yet he neuer denyeth notwithstanding that the sayd temporall power ouer christian princes was in the church , & head therof ( though that season admitted not the vse ) but rather proueth it expressely : and consequently is egregiously abused , and falsifyed by m. barlow , when he sayth doctor sanders to affirme , that the pope had neyther directly , or indirectly any such power from christ. but will you see this our doughty doctour ouerthrown & confoūded both in him selfe , and by himselfe ? then harken to his words in the very next page . it is so , sayth sanders : s. peter with the keyes receyued both powers , temporall and ciuill . is it so syr ? and why then did you euen now deny it ? are you so mutable within the compasse of two pages ? what misery is this of your cause to be driu●n to these shiftes ? but let vs see another deuise , which is ●● oppose franciscus de victoria to this saying of sanders ; 〈◊〉 thus you bring him in , no , not so , sayth a iesuit , for this power o● the keyes , est alia à ciuili potestate : is another power diffe●●● from the ciuill : thus they iarre , say you . but whether we iarre or no , one catholike writer with another ; sure i am ●●at you iarre with your selfe , and seeme not to ha●● your witts at home . for euen now you cited docto●● sanders , as denying the popes temporall power , to co●● neyther directly nor indirectly from christ : and now you say him to affirme , that s. peter receyued both powers with the keyes . are not these playne contradictions ? how can this iarre be excused by you ? but i haue further to say to you yet in this matter , fo● that in the very next wordes , where you would make a contradiction betweene doctor sanders , & franciscus de victoria , you shew much more folly , if not a worse quality . for wheras you write , that a iesuite sayth , no not so , for 〈◊〉 the power of the keyes is different from ciuill power , and do quo● the place of victoria in the margent : first , in calling him iesuite , who was a dominican fryar , you shew much ignorance , if you erre not of purpose . for who knoweth not , that iesuites and dominicans are two different religious orders ? & the very first page of the booke , and words of the title , which are reuerendi patris francisci de victoria ordinis praedicatorum relectiones &c. might haue taught you , that victoria was no iesuite : but it may be , that you seeing the words ordinis praedicatorum , and vnderstanding that iesuits did vse to preach also , you did ( full wisely ) imagine victoria to be a iesuite , and by the same reason , you might ●●well haue imagined him to be a minister of your coat , for you preach also , if i be not deceaued , though with shame inough somtims , as you did against your maister the earle of essex after that you had heard his confession ; and cons●quently in this your sense , you may be counted in like manne● ordinis praedicatorum , of the order of preachers , and so a iesuite . but this is ridiculous . let vs come to that which is more malicious . you write that the iesuite victoria doth iarre with doctor sanders about this temporall power of the pope : for that wheras doctor sanders sayth , that the pope receiued both powers , spirituall and ciuill , together with the keyes , you make victoria to contradict him , saying : no , not so , for that this power of the keyes , is another power different from the ciuill . but what iarre is this ? both speaches are true in both authors senses , and meanings . for as it is true , that s. peter with the keyes , receyued both powers , spirituall and tēporall , the one directly , and the other indirectly , as doctour sanders teacheth : so yt is also true , which victoria writeth , that these two powers are different one from the other , in their owne natures , especially when they are in different subiectes , as the one in the pope , and the other in the king ( in which sense victoria spake ) yea also , and when they are found in one , and the selfe same man , as namely the pope , for that he hath them by different manners , the one immediatly and directly , which is the spirituall , the other secondarily , and indirectly , which is the temporall : so as here is no iarre , or contradiction , but a cosenage rather of m. barlow in misalleadging the playne meaning of this new made-iesuite franciscus de victoria . and no lesse abuse doth he offer to cardinall b●llarmine in alleadging him quite against his owne meaning in the very last vpshot of his pretended proofes , out of scriptures a little before , wherof he maketh his conclusion in these wordes : by law diuine then ( sayth he ) it was excluded ( to wit this temporall authority giuen to s. peter ) for no man can trāsferre that to another , which he hath not himselfe : but this royall soueraignty ouer princes , to depose them , or dispose of their states , christ ●ad not , as he was man ( and yet he sayd , omnis potestas data est mihi in caelo , & in terra ) yea such power had bene vnprofitable and superfluous ( sayth the grand cardinall ) therefore he could not trāsferre it to s. peter , or the rest . this is his conclusion , that this temporall po●●r was excluded by gods law , which he promised to proue out of the old , and new testament ; and it is to be considered how substantially he hath performed it . for out o● the old testament , he hath alleadged no one proofe , sentēce , or example , but only brought in the iesuite salmer●● to affirme the same , who hath no such matter , but proueth of purpose the playne contrary . and out of the new testament hath as little , though he falsify and wrest both d. s●ders & franciscus de victoria to make some shew ; but especially the grand cardinall ( to vse his owne wordes ) whom mo●● notably he abuseth . for albeit the cardinall doth affirme , that christ as he was man , and as he came to worke ou● redemption had not any temporall kingdome , for that it was not needfull , or profitable to the high spirituall end of our saluation which he had before his eyes , yet had he by his supreme spirituall authority , power also to dispos● of all temporall affaires whatsoeuer , so far forth , as should be needfull to that spirituall end of his ; for so teacheth the cardinall expressely , in these words : finis adue●us christi in mundum &c. the end of christ his comming into the world , was the redemption of mankind , and to this end temporall authority was not needfull , but spirituall ; for so much as by this spirituall authority christ had power to dispose of all temporall things also , as he thought to be expedient to mans redemption . so the cardinall : whereby is euident , that albeit he holdeth with the commō opinion of deuines , that christ vpon earth had no meere tēporall kingdome or ciuill power , yet could he by his spirituall power dispose of all tēporall matters in order to his spirituall end , and that this power he gaue also to s. peter , to wit , indirectly , and in ordine ad finem spiritualem . so as the grand cardinall denieth not this , but proueth the same at large for diuers chapters togeather , both by scriptures , reasons , and examples , out of ●n my histories both diuine , & ecclesiasticall ; and it had bene good , that m. barlow had answered to some of them , if he had thought him selfe able to meddle in this matter ; or at leastwise he ought not to haue so fraudulently cited card. bellarmine against his owne meaning , as now you haue seene . but now next after scriptures m. barlow commeth to ecclesiastical law , requiring to haue this power proued by canons , councells , decrees , and practises , for which i referre him to the booke , & chapters now cited in bellarmine . and for so much as this temporall power of s. peter , is founded vpon his spirituall commission as a thing necessarily following the same , and needfull therunto , for the perfect gouerment of the whole church , & that this spirituall power is founded most euidently & aboundantly in the new testament , and consent of all antiquity vpon the same , as the sayd cardinall doth proue , and demonstrate throughout many chapters of his first , and second bookes de romano pontifice , i will weary the reader no longer in this matter , but remit him thither , i meane to the foresaid cardinall bellarmine , where he shall find store of proofes for both powers in the pope , i meane both spirituall and temporall , though differently deriued vnto him , the one immediatly and directly , the other secondarily and indirectly . and albeit this were sufficient for this point , yet to the end that m. barlow shall not say , that i doe leaue out any thing of momēt , which herein he setteth down● , i shall repeat his owne wordes of conclusion in this ma●ter , with far more fidelity , then he doth mine . thus then he writeth , borrowing all in effect out of m. morton in his late preambulatory reply . for ecclesiastical law , no canon , councel , decree , practice extāt , reckon to . years after christ , by bellarm. confession , yea to . & ampliùs saith one of their own writers , doth ●uow it ; in so much that a friar of account , writing in the year . cals then the doctrine therof a nouel●y , if not an ●eresie : & that act of hildebrand , that famously infamous pope , who first tooke vpon him to depriue an emperour of his regiment , is by a popish deuine called nouellum schisma , a rent , & ● rent of nouelty . the challeng of this authority vtterly vnknowne to the fathers , who haue pro●ounced kings to be no way liable to any violent censure , or penal law of man , ●●i imperij potestate , their empire & soueraignty exempting & priuileging them therfrom . this is his discourse , whereof he inferreth that 〈◊〉 temporall authority of the pope by vs pretended , bei●● but humanum inuentum , a humane inuention , or rat●●● intrusion , or vsurpation , as he calleth it ; the matter of the oath , wherby the same is excluded , must need●● 〈◊〉 meerly ciuill , no lesse , then if it were against any o●●●● meere temporall prince , that would vsurpe any part of our soueraignes temporall right or crowne . whereun●● i answer that if this were so , and that it could be proued , that this temporall power of the pope as we teach it , were but a humane inuention indeed , and not founded in any authority diuine , or humane ; then m. barlow had sayd somewhat to the matter , and the comparison of an oath taken against any other tēporal prince might haue place . but for that we haue shewed now , that this is not 〈◊〉 , but that there is great difference betweene this temporall power of the pope deriued from his supreme spirituall authority , as vniuersall pastour ( which no temporall prince is ) and the pretension of any meere temporall potentate ; therfore is the swearing against the one , but a ciuil obedience , and the other a point belonging to conscience , and religion , with those that belieue the sayd power to come from god. but now for answering this his last collection of authors : i say first , that bellarmine in the place by hi● cited , hath no one word of any such matter , his booke being de concilys : and his purpose is to shew both in the . chapter here cited , as also in the precedent , c●i● s● cong●egare concil●a , to whome it belongeth to gather councels , which he sheweth to appertaine , & to haue appertained alwaies to the bishops of rome , and not to kings and emperoures , albeit they being the lordes of the world , the sayd councels could not well be gathered witho●● their consent , and power . but of excommunication , or of deposition of princes b●llarmine hath no one word in this place : and so m. barlowes assertion and quotation i● both false and impertinent , about the first six hundred yeares after christ. but if he will looke vpon bellarmine in other places , where he handleth this argument of excommunication● , and depositions of princes , as namely in his second , and fi●th booke de rom. pontis . he will find more ancient examples , at least of excommunicatiō , which is the ground of the other , then the six hundred yeares assigned out of bellarmine . for that bellarm. beginneth with the excommunication of the emperour arcadiu● and eudoxia his wife by pope innocenti●● the first , for the persecution of s. iohn chrysostome , which was about two hundred yeares before this tyme assigned by m. barlow , and diuers other examples , more ancient then the . years allotted by doctor barkley the scottishman here alleadged , as the excommunication of leo isauricu● , surnamed the image-breaker , by pope gregory the second ; the example also of king chilperi●us of france , by zacharias the pope : the example also of pope leo the third , that translated the empyre from the east to the west . and as for the friar sigebert brought in here for a witnesse ( he should haue sayd the monke , for that the religious orders of fryars were not instituted a good while after this ) who is sayd to call the doctrine of the popes power to depose princes a nouelty , is not an heresy , it is a notable calumniation , as may be seene in the wordes of sigebert himselfe , in the very place cyted by m. barlow . for though sigebert following somewhat the faction of the emperour henry the third , excommunicated by pope vrbanus the second , did often speake partially concerning the actions , that passed betweene them , which many tymes seemed to proceed of passion , more then of reason and iustice : yet doth he neuer deny such power of excommunicating , & deposing for iust causes to belawfull in the pope , but the playne contrary . neyther doth he call that doctrine no●elty , or heresy , that the pope hath this authority , as falsely m. barlow doth here affirme ; but only that it seemed to him a new doctrine , which he would not call heresy , to teach , that vicious princes were not to be obeyed , for so are his wordes ; nimirum ( vt pace omnium dixerim ) haec sola noui●as ( non dicam h●resis ) necdum in mundo emerserat , vt 〈◊〉 dei doceant populum , qu●d mali● regibus nullam debe●●t 〈◊〉 to wit ( that i may speake without offence of all ) this only nouelty ( i will not say heresy ) was not yet sp●●●● vp in the world , that the priestes of god should teach 〈◊〉 people , that they ought no obedience at all to euill pri●ces &c. in which wordes , you see , that sigebert doth 〈◊〉 deny or reproue the authority of excommunication , 〈◊〉 deposition of princes ( especially if they be for heresy ) b●● only the doctrine , that no subiection or obedience is d●● to vicious , or cuill-liuing princes , which is false , and scandalous doctrine indeed . as for the fourth author alleadged in this place , 〈◊〉 wit claudius espencaeus , that he should call the fact of pope gregory the seauenth his excommunicating henry the thi●d nouellum schisma , a new rent , or schisme ( which is borrowed out of m. morton , as the rest , which in this poynt he alleageth ) i will referre him for his answer , to the answer that is made of late to m. morton himselfe , which is called the quiet , and sober reckoning , where this matter is returned vpon him with so ●uident a conuiction of wilful falsity , as is impossible for him to cleare his credit therin . for that these wordes are not spoken by espencaeus himself●● but related only by him , out of a certaine angry epistle written by certaine schismaticall priestes of liege , that were commaunded by paschalis the second to be chastised by robert●arle ●arle o● ●landers , and his souldiers , newly come from ierusalem , about the yeare . for their rebellious behauyour . which passionate letter of theirs espenca●● doth only relate out of the second tome of councells , expresly protesting , that he wil not medle with that controuer●y of fighting betweene popes , and emperours , though he pr●ue in that pl●ce by sundry ex●mples both of scriptures , fathers , and councels , that in some cases it is lawful for priests to vse temporal armes also , when need & iustice requireth . so as this falsification must now fall aswell vpon m. barlow as vpon m. morton before , and we shall expect his answere for his d●fence in this behalfe . as for the last authority of s. ambrose , that kinges , and emperours be tuti imperij potestate , sate by power of their empire from any violent censure ; though i find no such matter in any of the two chapters quoted by m. barlow out of his apologia dauid : yet seeking ●urther into other bookes of his , i find the wordes , which is a token that our doctor writeth out of note-bookes of some brother , and neuer seeth the places himselfe : but though i find the wordes , yet not the sense which he will inferre , but wholy peruerted to another meaning . for that if s. ambrose had bene of opiniō , that kinges and emperours had bene so priuiledged by the power of their empire , a● they might not be censured by the high pastours and prelates , himselfe would neuer haue cen●ured , and excomunicated his emperour theodosius , as he did . the wordes then are found not in s. ambrose his booke de apologia dauid cap. & . as here is cited , for there are two apolygies prior and posterior , which m. barlow by his citation seemeth not to haue vnderstood , and the first contain●th but . chapters in all , and in the is only this sentence , talking of the pennance of king dauid , qui ●ullis tenebatur legibus humanis , indulgentiam petebat , cùm qui tenentur legibu● , aeudent suum negare peccat●m . king dauid that was subiect to no humane lawes , asked forgiu●nes , when they that are bound by lawes presume to deny their sinnes . but in his enarration vpon the . psalme of dauid , he hath the thing more plainely , for thus he saith . rex vtique erat , nullis ipse legibu● tenebatur , quia liberi sunt reges à vinculis delictorum , neque enim illi ad poenam vocātur legibus , tuti imperij potestate . dauid was a king , and thereby was not vnder lawes for that kinges are free from the bandes of their offences , for that they are not called to punishment by lawes , being safe by the power of their empire . so s. ambrose . wereby is seene , that he vnderstandeth , that princes commonly are not subiect to humane lawes , for that they will not , nor may be called to accompt for their offences , as priuate mē are , being free by their pow●r , or that no man is able to compell them . and this priuiledge perhaps is tolerable in their priuate and personall sinnes : but if the same should breake out in publicke , and against the vniuersall good of christians , then may we learne by the foresaid act o● s. ambrose in excommunicating the emperour teodosius , that god hath le●t some power by diuine law to r●straine them , for the cōseruation of his church and kingdome . and so we may see , that al that which m. barlow hath chirped here to the contrary , is not worth a rush , but to shew his penury and misery , hauing bene forced of eight authors heere alleadged by him , to wit , salmeron , sa●ders victoria , bellarmine , barkley , sigebert , espencaeus , & s. ambrose to misalledge and falsify seauen , as you haue heard , that is to say all of them sauing barkley , who in this matter is of lesse accompt , then any of the rest ( if the booke be his which is extāt vnder his name . ) for that he being no deuine hath taken vpon him to defend a paradoxe out of his owne head only , different from all other writers of our dayes , both catholiks & heretiks , graunting against the later all spiritual authority vnto the pope ouer princes & christian people throughout the world , but denying against the former all temporall authority eyther directly or indirectly annexed vnto the spirituall : wherin as he is singular from all , so he is like to be impugned by all , and is by m. barlow in this place , for the protestants , calling him our owne writer . and for the catholikes , cardinall bellarmine hath lately written a most learned booke against him by name , confuting his priuat fancy , by the publique authority , weight and testimonies of all catholike deuines . and so much for this . of certaine notoriovs calumniations vsed by m. barlow against his aduersary , which no wayes can be excused from malice , & witting errour . §. ii. as the former fraud discouered and conuinced against m. barlow , of abusing authors against their owne wordes and meaning , is a foule fault and very shāfull in him that pretendeth to haue conscience or care of his credit : so is the crime of apparēt and willfull calumniation , bearing no shew of truth or reason at all , much more foolish & wicked . foolish , for that it doth wholy discredit the calumniator with his readers : wicked , for that it sheweth plaine malice , and will to hurt , although with his owne greater losse . so then it falleth out in this place , that m. barlow finding himselfe much pressed and strained with the reasonable and moderate speach which i vsed in my epistle throughout three numbers togeather , concerning the oath freely taken ( as was said by many catholikes , both priests and laicks expounding their taking of the oath in a good sense ) he doth so malignantly peruert the same , by open calumniatiōs , as euery child may discouer , not only the falshood , but the fury also of his passion against me , nothing being in his answere but exorbitant rayling , & apparent lying . for whereas i in reason deserued rather approbation , and commendation from him , for expounding plainly and sincerely that meaning which those catholikes , ( if they were catholikes ) had , or could haue in their taking of the oath , without all equiuocation or mentall reseruation , which i condemned in an oath , as altogeather vnlawfull concerning any point of religion , that ought to be confessed ; he not being able to abide the light of this truth , and plaine dealing , falleth into a certaine frenzy of rayling against me , & for the ground of his accusation ●ayeth hi● owne fiction , that i doe teach them & perswade them 〈◊〉 equiuocate in this very case . for cleare confutati●● wherof , it shal be sufficiēt first to set down my own word● as they ly in my epistle , and then to consider and ponder the collections and inferences that he maketh vpon the● . and if by this you doe not finde him to be one of the loosest conscience , and law●est tongue , and least respectiu● of his owne credit & honesty , that euer yow saw , i am much deceiued . my words then were these that follow . as for that multitude of priestes , and l●ickes , which he sayth , haue freely tak●n the oath ; as their freedome was that , which now i haue mentioned , and a principall motiue ( as may be presumed ) the desire they had to gi●e his maiesty satisfaction , and deliuer themselues , and othe●● so much as lay in them , from that inference of disloyall meaning , which vpon the denyall therof , some do vse 〈◊〉 make : so i cannot but in charity assure my selfe , that they being catholikes tooke the sayd oath ( for so much as co●cerneth the popes authority in dealing with temporall princes ) in ●ome such lawfull sense , and interpretation , as ( being by them expressed , and accepted by the magistrate ) may stand with the integrity , and sincerity of true catholike doctrine , and fayth : to witt , that the pope hath not authority without iust cause , to proceed again●● them , quia illud possum●● , quod iure possumus , saith the law : ou● authority is limited by iustice. directly also the pope may be denyed to haue such authority against princes , but indirectly only , in ordine ad spiritualia , & when certayne great , important , and vrgent cases , concerning christian religion fall out , which we hope will neuer be , betweene ou● soueraigne , and the sea apostolicke ; for so much as they haue past already many yeares ( though in different relions ) in peace , and quietnes , euen since his maiesty beg●● first to rai●ne . but concerning the generall question , to deny simply and absolutely , that the pope is supreme pastour of the catholi●● church , hath any authority le●t him by christ , eyther directly or ●●●●●●ctly , with cause , or without cause , in neuer so great a necessity , or for ●euer so great and publicke an v●ility of the c●ristian religion , to proceed against any prince whatsoeuer temporally , ●or his restraint or a●endme●● , or to per●it other princes to do the s●me : this , i suppose , was neuer t●eir meaning that tooke the oath , for that they should therby contradict the generall conse●t of all catholicke deuines , and con●●sse , that gods prouidence , for the conseruation , and preseruation of his church , and kingdome vpon earth , had bene defectuous , for that he should haue left no lawfull remedy , for so great and excessiue an euill , as that way might fall out● wherefore , for so much as some such moderate meaning , must needs be presumed , to haue bene in those that tooke the oath , for safeguard of their consciences ; if it might please his maiesty to like well , and allow of this moderation , and fauourable interpretation , as all forraine catholicke kings and monarchs doe , without any preiudice at all of their safety , dignity , or imperiall prehemi●ence : i doubt not but he should find most ready conformity in all his said english catholicke subiects , to take the said oath , who now haue great scruple and repugnance of conscience therin : both for that the chiefe●t learned men of their church , doe hold the same for vtterly vnlawfull , being mixed and compounded , as it is , and the voyce of their chiefe pastour , to whome by the rules of their religion , they thinke themselues bound to harken in like cases , hath vtterly condemned the same : and the very tenour of the oath it selfe , and last lines therof are , that euery ●●e shall sweare without any equiuocation , or mentall reseruation at ●●l , that is to say , hartily , willingly , and truely vpon the true fayth of a christian. which being so , they see not how they may take the said oath in truth of conscience : for so much , as they find no such willingnes in their harts , nor can they induce themselues in a matter so neerely concerning the confession of their faith● to equiuocate or sweare in any other sense , then from his maiesty is proposed : and therfore do thinke it lesse hurt to deny plainly , a●d sincerely to sweare , then by swearing , neyther to giue satisfaction to god , nor to his maiesty , nor to themsel●●●● nor to their neighbours . and so much for this point . hitherto haue i thought good to relate my for●●● words somewhat at large , to the end the reader may se● my reasonable and duti●ull speach in this behalfe , a●● vpon what ground m. barlow hath fallen into such a ra●e against me , as now shall appeare by his reply . first of a●● he condēneth me of h●pocrisy , saying : let the reader c●●●●der ●●at an ●ypocrite he is , for it is an inseparable marke of ●n hyp●c●●●● to iudge o● othe● m●ns con●●iences ; the hart of man is gods peculi●● , & ●o● an● man to place his cons●s●ory there , is high presump●ion : & so be ●●nneth out in that comon place which maketh nothing at all to ou● purpose as you see . for i did not iudg●t or con●●mne then con●ci●nces that tooke the oath , but exc●s●● the same , yea interpreted their ●act in good sense , giuing my ●ea●ons for it● that they being good catholike could not be presu●●d to meane otherwise then the in●●gritie of catholicke doctrine did permit them , for that otherwise they should be no good cat●olickes , if they should haue done any thing contrary to that whic● the● selues held to appertaine to the same , in which i did not excuse their fact , which my whole booke proueth to be vnlaw●ull , but only their intention , and meaning touching the integrity of catholick doctrine . and this is far dif●erent from the nature of hypocrisy which forbiddeth not all iudging , but only euill and rash iudging of other m●ns actions or intentiōs , thereby to seeme better & more i●st then they . for if two ( for example sake ) should see m. barlow to sup largely with flesh and other good meate vpon a vigill or fasting-day , and the one should iudge it in the worst part , saying , that he did it for the loue of h●s belly , and sensuality , the other should interpret the same spiritually , as done for glorifying god in his creatures , by his thanks-giuing for the same , for liberty also of the ghospell , and for to make him the more strong & able to ●peake & preach his seruice and sermon the next day , i doubt no● but that this second iudgement would not be censured by him for hypocriticall . and this is ou● very case with those that tooke the oath . for that i hearing what they had done , and that they were catholicks , did interprete their meaning to the best sense . and was not this rather charity , then hypocrisy ? but let vs see a little if you please how m. barlow can defend this generall proposition of his , that , it is an inseparable m●rke of an hypocrite to iudge of other mens consciences . you haue heard before how wisely he defended a certain definition which he gaue of an oath : now you shall see him as wisely & learnedly defend an inseparable propriety or marke of an hypocrite . and first you see that here is no distinction or limitation at all , whether he iudg well or ill , with cause or without cause , rashly or maturely , how then if wee should heare a man or woman speake ordinarily lewd wordes , can no iudgement be made of the speakers consciences without hypocrisie ? if a man should see another frequēt bad howses , or exercise wicked actions , may no man iudge him to haue an ill conscience , from whence these things doe proceed , but he must be ●n hypocrite ? moreouer if this bee an inseparable marke or propriety , as he saith , then according to aristotle & porphyri●● it must conuenire omni , soli , & semper , agree to all , only , and euer . for if it do not agree to all , and euer , it is not inseparable : and if it agree to others besides hypocrites , it is not alwaies the marke of an hypocrite : and therefore albeit that i had iudged their consciences , as m. barlow imposeth vpon me , he could not by good consequēce haue inferred , that i was an hypocrite . but this is ridiculous that all hypocrites , and only hypocrites iudge of mens consciences : for first the hypo●rite , that soundeth a trumpet before his almes , whose conscience doth he iudge ? the other also that kneeleth and prayeth in the corners of streetes , whose conscience doth he iudge , or condemne ? those also that came to tempt christ about the woman taken in ●dultery , and about tribute to be payd to cesar , i reade not whose consciences they iudged , and therefore would be loath to doe them iniury , except m. ●arlow can bring any iust accusation against them : and yet were they called hypocrites by our sauiour , whereby i● inferred that all hypocrisy is not subiect to this ●axatio ●f iudging consciences , and consequently this is no insepar●ble marke that agreeth to all . in like manner also it agr●●●● not soli , that is , only to the sinne of hypocrisie , to iudge● of other mens consciences ; for pride may do it , anger may do it , temerity may do it , reuenge may do it , & this witho●● hypocrisy or iustifying of himselfe . for if to a knowne vs●rer , for example , you should obiect or exprobrate the finne of vsury , & he answere you againe , that he suspected yo●● consciēce of like sinne , here he iudgeth of your conscience perhaps falsly , and yet not by hypocrisie : for he iustifiet● not himselfe , ergo , this is not , propriū quarto modo , any inse●arable marke or propriety of hypocrisie to iudge of other mens con●ciences . lastly let vs consider , if you please , the definition of hypocrisy , which should indeed haue bene the first i● consideration , for trying out of the true nature of this marke & propriety ; for so much as according to aristotles doctrine , and the thing in it selfe is euident by philosophy , pr●pri● passiones fl●unt ab essentijs rerum , proprieties doe flow from the essence of things , and therefore they are best vnderstood & knowne by re●erence to the sayd natures and essences conteyned ( as aristotle sayth ) in their definitions . the definition thē of hypocrisie is , according to s. isidorus in his etimologies , simulatio alienae personae , when a man pretendeth to be another ma● , and better then he is , and according to s. augustine , qui se vult vide●iqu●d non est , hypocrita est , h● that will seeme to be that which he is not , is an hypocrite ( which the greeke word also whereof it is deriued , to wit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth confirme , that it signifieth dissimulation ) this definition i say , which must conuer●i cum de●ini●o , cl●areth vs , that this i●separable marke , or propriety deuised by m. barl● to be in all hypocrisie , is both ignorantly & falsly ●eygned by himselfe , as not knowing the true nature of propri● pas●● , for that there be many wayes of dissimulation of ●eyg●ing our selues to be better then we are , without iudging othe● mens consciences , that is to say , there be many s●e●i● and kin●s o● hypocrisie and hypocrites that haue not this marke & propriety , as before hath byn shewed , & consequently not inseparable , that is , no proper or inseparable propriety at all , no more then it is to ●ay , that it is an inseparable propriety to horses to be white , for that some few are found white . and so we see m. barlow when he cōmeth to speake of any matter of substance and learning , sheweth himsel●e a very feeble man , scarce to vnderstand the very termes , and first principles of the same . but let vs passe on now to another more grieuous calumniation against me . he is not content to make the former outcry against me for hypocrisie and iudging mens consciences , but addeth also another assault , ●saying , that i doe teach equiuocation to be vsed in thi● oath , which is so far frō all truth as i do teach the playne contrary , as now hath appeared by my owne words before alledged . for i say there of them that tooke the oath , i cannot in charity but assure 〈◊〉 selfe , that they being catholikes , tooke the sayd oath , for so much as concerneth the popes authority in dealing with temporall princes , in s●me such lawfull sense and interpretation , as ( being by them expressed , and accepted by the magistrate ) may stand with the integrity and since●i●y of true christian doctrine , and fayth : to witt , that the pope hath ●ot ●uthority ●ithout iust cause , nor directly , but indirectly only , in ●●dine ad spiritualia . so i wrote then : and the cleare addition that these exceptions and clauses must be expressed by the swearers , and accepted by the magistrate , doth clearly exclude equiuocation , which consisteth of mentall reseruation , not expressed , nor vnderstood , or accepted of him to whom it is vsed : and moreouer within very few lines after continuing my speach , and desiring his maiesty to accept of these clauses of moderation & catholike exposition , i doe yield this reason , that cat●olikes do● not hold it l●wfull in a matter so ne●rely concerning the con●ession of their sayth , to equiuocate , or sweare in any other sense , then from his maiesty is proposed . can any thing be spoken more plainly ? with what face then can m. barlow accuse me of the quite contrary , and so reuile against me for the same ? wherof some shal be here set downe . let the reader b●hold ( sayth he ) a malicious trick of a notable equiuoca●●u● , that cannot be contented to be him selfe alone the diuells sch●ller ( that ancient equi●ocatour● but must be 〈◊〉 his deuility reader , or schoole-man to teach others ●o distinguish themselues t● hell fire , sheweth him selfe to be verè spiritus menda● i● ore prop●●tarum , framing two distinctions , like the two 〈◊〉 of sedecias , the false prophet ( such another as himselfe , fu●● of th● spirit ) & putting them into their mo●thes . the first , that the pope 〈◊〉 not authority withou● iust cause to procee● against princes : the sec●●● , that the pope hath not this authority directly , but indirectly , & in ordine ad spiritualia &c. so he . whereby wee see how much the man delighteth himselfe , in comparing these two distinctions or explications of mine to the two iron-hornes of sedecias , though the scripture hath not the particuler number of two : but m. barlow addeth that of ●is owne , to make the● meet the more fitly with the number of my two distinctions , for besides the parity of number ( which yet is false ) there is no other parity or likenes at all . for what haue hornes to do with distinctions ? and yet after a large and lewd blast of rayling against me for the same , he concludeth thus : and now let the christian reader , that maketh a conscience eyther of god or common honesty , consider whether this be not the profunda sathanae , in the reuelatió , euen the very mist and mysterie of iniquitie . but what syr , to distinguish or vse distinctions in a matter that may haue diuers senses or intendmēts ? is this the profund●tie of sathan ? or is not this rather profound ignorance and absurdity in you to say so ? doe not you know that to distinguish belongeth to the wise and learned , according to aristotle , and not to distinguish est imper●●● mul●itudinis , appertaineth ( saith he ) to the vnlearned vulgar sort ? doth not reason and expe●ience teach vs , that to di●tinguish matters that be obscure & perplexed , into their cleere s●nses , or that be confused into their seuerall parts & members , or that may haue many senses , into their different significations , is a high worke of wit , that giueth life to our vnderstanding to conceiue the truth , and light to our will to make choice of the same ? how many foule heresies in the church o● chris● since her beginning haue beene beaten downe principally by pious and prudent distinguishing , which otherwise would neuer perhaps haue bene ouercome ? as namely the arians , when they alleaged such aboundance of scriptures to proue or infer , that god the father is greater then christ iesu● his sonne , what other way was there for catholicks to say , but that i distinguish : as christ iesu● was man , he was in●erior to his father , & his father greater then he , but as christ iesu● is god as well as man , he is equall to his father ? will m. barlow heere compare these two distinctions to sedecias his two hornes ? or will he call them pro●unda sathanae , the profound mysteries of sathan and iniquity ? and the like examples i might alleadg in great store of many other heresies discouered and dis●olued by the help of distinctions , as namely that of the euti●hians , that denied two distinct natures in christ : that of the nestorians , that affirmed two persons to be in christ : that of the monothelites , that held one only will to be in christ , by distinguishing on the catholick party , were v●●erly ouerthrowne , and confounded . and now in these our dayes when the anabaptists deny al magistrates authority in iudging christians ( especially in matters of life and death ) all●dging for their ground these words of our sauiour , ●olit● iudicare , do not iudge , we haue no refuge , but a distinction , that we are forbidden to iudge rashly , and without iust cause , and without due authority : but with these circumstances we may iudge , and magistrates are lawfull . and will here m. barlow againe cry out of pro●●nda sathanae , and of the hornes of sedecias ? if he do i will send him to scotland to be horned there . for truely he is worthy of it , to wit to be horned from the company of all l●arned & sober men , if he persist in these absurdities , for that i dare auouch against him , that there are many hundred places in the bible that cannot rightly be vnderstood , nor expounded without the vse of some distinction . well then distinctions in generall cannot be reproued without profunditie of folly . perhaps then my two distinctions here in particular are inueyghed against , for 〈◊〉 they are false , or not incident vnto the matter , or of a●y moment , or necessity , for explic●tion of the thing a●d controuersy in hand , or for direction of consci●nce● of catholike men , that are pressed to take the oath . th●● then let vs examine in a word or two , and that as briefly and perspicuously as wee may . the question is whether the bishop of rome as vniuersall pa●tour of christendome , by catholike doctrine● may at his pleasure by that pastorall power of his , depose princes , and dispose of their kingdomes at his pleasure , for so is the cōmon obiection framed against vs. vnto which question the answer may be made , eyther affirmatiue or negatiue , according to the different senses and interpretations of the words , which cannot be done but by disti●guishing , to wit , that if we vnderstand that the pope may depose at his pleasure , without iust cause , it is denied , but with iust cause catholicke doctrine doth allow it . and s● againe to vnderstand that the pope may do it by his pastorall power directly or immediately , it is denied , for that this power is spirituall and giuen to a spirituall end , and to spirituall actions : but if we vnderstand it indirectly , as included in the other , for defence and conseruation of the spirituall , it is graunted . and are not these distinctions needfull in this affaire ? do they not cleare the doubt in controuersy ? do they not remoue confusion ? would m. barlow haue christian men to sweare , & swallow vp a bundle of word● knit togeather , without opening and looking into the● ? that is meete for his conscience that hath no eies perhaps to see , nor will to receiue light , but is ready to sweare any thing that may turne to his temporall commodity : but catholikes that feare god , are not so taught , but rather to looke before they leap , and to examine well what they say or sweare , for so much as they shall giue an accompt to almighty god , either to their saluation or damnation for the same . by ●h●s then wee see the iniquity of m. barlow his proceeding in exclaming against me so exorbitantly , for vsing the forme of two distinctiōs , or explanations about taking the oath ; and aboue al the iniury offered me , or rather to himselfe and his owne credit , in saying , that i doe teach equiuocation here in this oath num . . contrary to that i taught a little before numb . . his wordes are these : no sort of equiuocations is law●ull , saith father persons , in matters of fayth and religion , and yet sayth the same father persons , equi●●cating in this matter of faith is law●ull , and may stand with the integ●i●y and sincerity of true catholik religion : so then in matters of faith and religion it is not lawfull in any sort to equiuocate , but yet in this mat●●r , though it concerne ●ayth & religion , f. persons sayth it is lawfull . these are my contradictions according to m. barlow . and truly i confes●e i should blush & acknowledge my ouersight , if they were truly related , but being falsely eyther of malice or ignorance collected by him , he ought to blush , and be sory for his sin . for as i doe confesse the former part numb . . that i allowed not any sort of equiuocation in matters concerning faith and religion : so doe i vtterly deny the later clause num . . that i doe allow equiuocation in this particuler fact of taking the oath . let the places be read in my booke & thereby he will remayne conuinced . for i do say expresly that these two clauses of explication added by me , that the popes power in deposing princes is indirectly , & with iust cause , must both be expressed by the swearer , and accepted by the magistrate , and then are they no equiuocations at all ; but direct assertions . for that they are no mentall reseruations wherein consisteth the nature and force of equiuocation . here then m. barlow that accused me a litle before of making no conscience of god or common honesty , must looke how he will defend his owne , eyther conscience or honesty ( if he haue any ) in this foule calumniation , wherein i doe not see what tergiuersation he can vse for his excuse . and so i would leaue him in this matter , if he did not continue on his rayling and raging beyond all measure , as though by this my explication & distinction vsed , i had committed the greatest crime in the world . i will demaund ( saith he ) of this iesuit : first , whether ●his be not a paganish delusion of god and men ? vvherto i answer , that it is ●● delusion at all , but rather an instruction , and a necess●●y explication , not paganish , but christian , for directi●● mens consciences . nay , saith m. barlow , it is the very 〈◊〉 o● lisander , that children are to be mocked with toyes , and 〈…〉 oathes . indeed plutarke in his comparison of lis●●der and silla recordeth , that one said of lisander . leuem esse ap●d li●●●drum iurisiurandi religionem : lisander made no scruple of a● oath , that he gaue coūsaile to deceiue men with oathes , as children with toyes and bables . this was the fact of a pagan atheist . what doth the matter appertayne to vs● do we esteeme so litle a false oath ? why then doe catholickes stand so much in england against the receiuing of this oath ? why doe they put themselues in danger of leesing the princes fauour , their goods , theyr lands , their countrie , their liues , rather then to take the same again●● their consciences ? it seemeth rather , that m. barl●● concurreth with lisanders opinion , who will haue the● take it , although it be against their consciences , for thi● is to haue leuem iurisiurandi religionem , little conscience of an oath . but yet he goeth further in this matter , and cannot get out of it , for he will needs proue this my distinctio● , and as he calleth it equiuocation , not only to be paga●i●● , but more then heatheni●h , & that euen by aristotles testimony in his booke of rhetoricke to king alexander : his wordes are these : nay this delusion is more then heathenish , ●or aristotle was of opinion that he which doubteth in his oath , for th●● i● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to sweare with a mentall addi●ion , hath neither ●ear o● go●● v●ngeance , or sh●me o● mens reproof . but truely i hauing con●idered the place of aristotle how far his meaning is from that which here is alledged in his name , me thinkes that m. barlow should feare these two last pointes of gods vengeāce & mans reprofe . for aristotle hath not a word of d●●b●ing in his oath , or of mentall addition , or reseruatiō in an oath , b●t only of plaine forswearing . for his argument is , hauing treated in that booke to alexander , how by the preceptes of rhetoricke an orator may proue or improue any fact or crime that shall come in question , as by signes , by arguments , by coniectures , by probability , by witnesse , and by torture , he cōmeth at lēgth to shew how it may be proued or improued by an oath . his words are these : iufiurandu● est cum diuina veneratione dictio probationis expe●s &c. an oath is a speach without proofes with diuine veneration : wheref●re if we will confirme our oath and the credit thereof , we must say th●● , no man truly will forsweare himselfe , both in respect of the ●eare of punishment from the gods , as also of disgrace among men ; and we may add , that men may be deceyued , but the gods cannot . but now if the aduersary will flie also to an oath , and we would extenuate or discredit the same , then we must shew that the man that will not sticke to d●e euill , will not sticke also to forsweare himself , for that he which thinketh he may ly hidden from the gods after he hath committed an e●ill ●act , will thinke that he may also escape punishment after he hath ●orsworne himselfe . this is aristotles discourse , which maketh no mention at all , as you see of doubting in an oath , and much lesse of mentall addition or reseruation . and albeit m. barlow do bouldly and ignorantly say that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which by all interpreters doth signifie peierare , to periure , or forsweare , doth import also to sweare with mental addition : yet is this only a fiction of his , nor can he bring forth one example out of aristotle or any greeke writer which doth vse it in that sense , nor could aristotle vse it so in this place , where he vseth the sayd wordes thrice in these lines by me alleaged alwaies for peierare , to forsweare , and neuer for doubting or mentall addition . nay it cannot stand with any sense of aristotles discourse , for if aristotle should say , that no man truly will doubt in his oath , or haue a mētall reseruation both for feare of gods chastisement , & discredit amongst men , it were a ridiculous speach : for that men do not knowe when a mentall reseruation is made , or when a man doubteth in his oath , but when he forsweareth himselfe it may come to be knowne . and in like manner it is more ridiculous , to say against the aduersary , as aristotle teacheth vs , that he which sticketh not to doe wickedly , will not sticke to doubt also in his oath , or to vse a mentall addition , which no man i thinke would vnderstand , or can read without laughing . wherfore seing that aristotle speaketh only of forswe●ring , and that the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is so taken by him and by all other greeke authors , wherof we might he●● alledge infinite examples , & m barlow cannot alleadge one for his fiction ; it is euidently seene , that he , miserable man , is sore pressed , when to sustaine his bad cause , he is forced to falsifie and corrupt authours , by peruerting and wresting them aside , quite contrary to their meaning , & purpose . but now we shall passe to some other poyntes . the reason is examined whether gods providence might seeme defectvovs , if no authority had bene left in the christian hurch to restraine and punish euill kings . and whether god be so wary in dealing with kings , as m. barlow maketh him . chap. iii. i said in my former letter , as in the precedent chapter hath bene seene , that i could not perswade my self , that such catholikes as were sayd to haue accepted the oath , did meane to abiure al authority of the pope for depo●ing temporall princes for any cause whatsoeuer , for that therin they should contradict the g●nerall consent of all catholike deuines , and confesse that gods prouidence for the conseruation and preseruati●● of his church , and kingdome vpon earth had bene defectuous . for that he should haue left no lawfull remedy for so great & perilous an euill as that way might fall out , by the exorbitant actions of some incorrigible prince . to this my speach m. barlow answereth thus : if by catholike deuines he meaneth scriptures , councells , fathers , stories , for a thousand yeares after christ , the reader must take it for a mendacious vanity , and let it passe for no better . wherto i reply , that as i do meane it , it is no mendacious vanity , but a religio●● verity , for that i meane by catholike deuines in this place , all such of that profession as haue handled the question particularly of this temporall authority of the pope in certaine vrgent occasions , which are principally scholasticall deuines , especially those of this age , that haue written against all sorts of heretikes that denied the same . and albeit m. barlow in his rayling vayne , do challenge the schoole-men , as blasphemously detorting scriptures ; yet he that shall read them with iudgment and attention , without this furious passion of hatred against them , and lacke of capacity to vnderstand them , shall quickly perceiue that their skill in scriptures , councels , fathers , & stories is far superiour by infinite degrees to that of m. barlow , and his mates , that crake so much against them , and their sincerity in expounding them according to their true meaning ; and is also without comparison more sound , as may appeare by the many grosse and wilfull corruptions , which i haue noted in him before in that kind . and albeit in some hundreds of yeares after christ , there had not occurred any such particular occasion of actuall deposing of temporall princes , as did afterwards , wherof wee haue treated before , for that princes were not so exorbitant : yet the ground and origen of deposing princes , which is excommunication and exclusion from the body of the church , cannot be denied to haue byn practised often in those former ages . and when a temporall prince is so cast out of the church by excommunication , & made no member therof ( & much lesse may he be head ) if he perseuere obstinate , and seeke to infect , and destroy the whole body ; i say in this case what shall the sayd church and gouernours therof doe with such a prince ? wherin i sayd that all catholike deuines doe agree , that our sauiour in this case hath not left his church vnprouided of some remedy , for that otherwise his diuine prouidence might seeme to haue bene defectuous , not to haue left a remedy for so great and vniuersall an euill . but now at this reason , as strongly pressing him , m. barlow stormeth and stampeth exceedingly , saying , first it is a tryuiall obiection borrowed by me from cardinall allens apology , and by vs both from one bertrand that vseth the same in his glosse vpon a place of the canon law . but what if all this were true , as it is not ? what were this to the purpose ? let the force of the reason be considered , for that only importeth . nay , but m. barlow will make vs first a little merriment as he calleth it , related out of ludonicus vi●es , who telleth this tale , affirming that a certaine countrey man , whose asse drunke at a water , where the moone shined , and after the sayd moone-light vanished away , the countrey-man sayd that the moone was lost , or els it was in his asses belly , and this tale he very fondly applyeth to our present matter , that eyther the popes triple crowne must haue power ouer princes , or gods prouidence in the world must be lost ; and so from this merriment he passeth to a veyne of serious rayling , saying , that this speach of mine is irreuerent against god , yea blasphemous and sauouring of the very spirit of antichrist . but this shall appeare presently by the discussion that is to ensue & thereby also will appeare what spirit speaketh in this minister , to wit the most base and abiect spirit of prophane fl●ttery towards princes that euer proceeded from any christian tongue or pen : for he maketh god afraid of temporal kings , & to walke so warily in his speaches towards them , especially in their iealousies , as if he were in dread of their power and anger . the discourse is rare , and singular , and i neuer read the deuise in any before , at leastwise so playnly set downe , and therfore i beseech the reader to lend me an attentiue eare whilst it is discussed . he beginneth this flattery thus , ( for i will set downe his speach more faithfully then he hath any thing of mine , which he continually corrupteth and peruerteth as diuers times now i haue aduer●ised . ) it is naturall to kings to be iealous of their thrones , wherin they can abide neither m●te for diuision , not check-mate for scorne . it cost adoniah his life for asking abishag to wife , because salomon did therby take occasion ●● suspect , that he which desired the fathers bedfellow , would also aspire t● the brothers throne . it was not the blasphemie layd to our sauiours charge by the iewes , that moued pilate to sentence him ; that which hastened his death , was a iealous opinion , though a false perswasion , that he should be a king , and therby defeate caesar of his claime to iury. in that poynt we shall see god himselfe to be very wary ; for 〈◊〉 that psalme , which of the scriptures is the most threatfull to kings , & begins with a thundring expostulatiō , quare ●remu●runt gentes , & a●●iterunt reges , it pleaseth him to conclude it , not with a men●cing extrusion , but with a calme perswasion , osculemini filium , or as the vulgar hath it , apprehendite disciplinam . and what is that ? be wise ô ye kings , and serue the lord in feare : if not , w●at● the danger ? ne per●atis de via iu●ta , that is , least you loose the right way to heauen , and your right in the crowne of heauen : he sayd ●ot , your titles to your kingdomes , nor right to your crownes on earth . god neuer thought it fit to support his church , by daring of princes , prosessors of his name ; for that had bene the way to haue made them not nourishing fathers , but eyther pinching suppressours , or at least cold and wary sauourers of the same . thus far m. barlow , to shew that almighty god dealeth more warily and respectiuely with temporall princes , thē doth the pope , which threatneth them losse of their kingdomes if they be incorrigible : and to this effect abuseth pittifully this psalme here alledged , as presently we shall shew . but first i would demaund of him , why he bringeth in that iealousy of princes concerning their thrones , and that mate for diuision , or check-mate for scorne ? doth he allow of these iealousies as proceeding from sanctity ? doth he commend that fact of salomon for making away his brother adoniah , for asking only abishag to be his wife ? sure i am , that diuers ancient fathers do condemne the same , & a learned interpreter of this age , sayth : excuset qui scit , mihi 〈◊〉 occurrit legiti●●a salomonis excusatio &c. let him defend salomon that knoweth how to do it , for vnto me no lawfull excuse of salomons fact occurreth , for that the sentence of death seemeth to me not only seuere , but also vniust . so he . now as for the iealousie of pilate wherby he made away our sauiour , i suppose m. barlow will not be so shamelesse as to commend the same , except pilate were aliue againe , and he his chaplaine , for then perhaps the matter were doubtfull . but wherto now doth all this preface pertaine , of princes iealousies ? the matter is cleare , that it tendeth to shew what great reason god hath to walke warily , least he offend kings and princes . for so it followeth imediately in that point . therefore ( and marke the inference therefore ) we shall see god himselfe to be very wary . but wherof m. barlow ? is he so wary of not putting kings and princes in feare & iealousie of their thrones as you call them ? why is god afrayd of them ? for that your ( therefore ) would seeme to infer . or is his throne lesse or more weake thē theirs ? how then is it ascribed vnto him as a peculiar property , deposuit potentes de sede , & exaltauit hu●riles , he hath put downe the powerfull from their seates , and thrones , and exalted the humble ? how is it sayd of him , qui aufert spiritum principum , & est terribilis regibus terrae , who taketh away the spirit of princes , and is terrible to the kings of the earth ? and yet further qui balteum regum dissoluit , & pracingit fune renes eorum , he that doth loose & take from thē the warlike girdle , & girdeth their loynes with a rope . and in another psalme , how dareth god to say , if he be so very wary , ad alligandos reges eorum in compedib●s , & nobiles eorum in manicis serre● : to bind kings in fe●ters , and their noble men in iron manacles ? and finally how warily was this spoken by the holy ghost , not offending princes & potentates , when he sayth , potentes potenter tormenta pa●ientur ; powerfull men shall suffer powe●full tormēts ? was almighty god wary in these speaches ? but let vs see , how this prince-flatterer doth go about to proue this his foolish impie●y out of the scripture it selfe , to wit , out of the second psalme before cited , and thereby let the reader learne what assurance men haue of the true sense of any scripture by him and his alleaged , when it is powdered and seasoned with their exposition , god himselfe is very wary ( saith he ) in speaking to princes , for that psalme , which of all the psalmes is most dred●ull to kings , and begins with a thundring expostulation , quare fremuerunt gentes & reges astiterunt ? it pleaseth him to conclude , not with a menacing extrusion , but with a calme persuasion , osculemini filium , ne irascatur , kisse the sonne , lea●t he be angry , or as the vulgar hath it , apprehendite disciplinā , ad●●it discipline . and is not this a goodly discourse of maister barlow , to proue the greatnesse of princes , and that god himselfe doth speake very wari●● vnto thē ? the hebrew phrase kisse the sonne , is as much to say , as adore the sonne of god , when he shal be man , and acknowledg and obey him as your king. for as learned vatablu● in his notes vpon the hebrew text doth obserue , it was a signe of submission & subiectiō amōgst the iewes to kisse the princes hand , which is here meant by the phrase of the psalmist , osculemini filium , that is kisse his hands , and adore him for your king , which the septuaginta interpreters well vnderstāding , did many years before the natiuity of our sauiour , as the chaldean paraphrasis in like manner , translate it , apprehendite disciplin●● , doe you apprehend or admit the discipline , and doctrine of the sonne of god when he shall appeare in flesh , and so do all the ancient greeke and latin fathers interprete this passage of the psalme : nor can i see with what shew of reason or probability m. barlow can bring it for his purpose of flattering kings in this place : he saith , that god concludeth not here , with a menacing extrusion ( of kinges ) but with a calme persuasion , kisse the sonne : this kissing seemes perhaps to him an amiable thing : but if it be interpreted , as now i haue shewed , and s. hierome doth expound it , for a matter of subiection , humiliation , and of admitting discipline , it seemeth not oftentimes so sweet & pleasant to princes , as m. barlow would haue it . but what shall we say to other phrases here contayned , as whē kings & princes do swell , & take counsaile against god and his christ , saying : let vs breake their bands and cast of their yoake , then sayth the prophet : he that sitteth in heauen will scorne them , and our lord will scoffe at them . then will he speake vnto them in his wrath , and terrify them in his fury . a little after he sayth , that , he shall rule them with an iron-rod , and shall breake thē in pieces like a potters vessell . and now m. barlow , is this a calme perswasiō ? is here no menacing extrusion threatned to princes whē they are threatned to be crushed like a potters vessell ? nay marke also the subsequēt perswasiō , nunc ergo reges intelligite &c. now therfore vnderstād , ô ye kings , & be wise : learne how to iudg the earth . serue god in feare , and reioyce in him with trembling . admit discipline least he wax angry , and you perish frō your way ( for so hath the hebrue text : ) whē his wrath shal be but a little kindled , happy are all those that trust in him . what can be spoken more seuerely to princes then all this ? or was this psalme well chosen by m. barlow for his purpose of flattering kinges and princes , in respect of gods warynes in his speaches ? whereas no psalme amongst all the rest vttereth so much terror vnto them , only the words osculemini filium do seeme to haue drawne him to this impertinent imagination . but now let vs see his conclusion , and application against the popes pretending authority ouer kinges , for which all the rest hitherto hath bene brought in , ne pereatis de via iusta : least you loose the right way to heauen , and your right in the crowne of heauen : he sayd not , your titles to your kingdomes , nor right to your crownes vpon earth : god thought it neuer fit to support his church by daring of princes , professors of his name . a godly speach , & fitting for soe spirituall a man , as this doctour seemeth to bee , if for refusing discipline and obedience god doth threaten to princes the losse of heauen , with all the right they haue to that euerlasting crowne and kingdome , which includeth also their eternall condemnation to hell-fire and torments ! what great priuiledge is it to spare their titles to their temporall crownes & kingdomes on earth , that may be lost in an instant , and long cannot indure , why should god thinke it so inconuenient to support his church by daring of princes , least perhaps they should wax angry , and dare him againe ? for so it seemeth by the reason giuen heere , least by daring they should not be nourishing fathers to the sayd church , but eyther pinchi●g suppressors , or cold sauourers . and why ? for that god dareth them forsooth with leesing their temporall states . his daring for leesing of heauen seemeth not to trouble them so much , but their perill to loose their temporall kingdome , if they be incorrigible , is the thing that principally troubleth them , according to this wise discourse of m. barlow . doe not his friends take pitty of his folly ? if i would take vpon me to lay forth the examples that are found in scriptures of gods plaine speaches , & menacing threates vnto princes ( let m. barlow call them darings if he will ) it would quickly appeare how vaine , and prophane the former obseruation of his is , that god is so very wary in his speaches towards them . for what will you say to that speach of his to king sennacherib : ponam circulum in naribus tuis , & camum in labijs t●●s , & reducā in viam per quam venisti . i will put a ring in thy nostrills , & a bit in thy mouth , and will bring thee back into the way by which thou didest come . that also of nabuchodonosor the most potent king of babylon , as the scripture calleth him : eijcient te ab hominibus , & cum bestijs serisque erit habitatio tua , & soenum vt bos comedes . they shall cast thee out from the company of men , and thy dwelling shal be amongst wild beasts , thou shalt eat hay as an oxe . was this a wary and respect●ue speach to so great a king , and monarch ? that other speach also of god to king achab of israel : d●m●tam posteriora tua , & interficiam de achab mingentem ad parietem . si mort●us fu●rit achab in ciuitate , comedent eum canes : si autem in agro , comedēt eum volucres caeli . the hinder part of thy life i shall cut o● , & shall kill of thy stocke , that shall make water ag●inst the wall . and if that achab dye in the citty , the d●●gs shall e●t him : and if he dye in the field , the birds of the ●air● shall deuoure him . and the like to his queene iezabell : the doggs shall eat ●ezabel in the field of iezraell . and finally to let passe baltasar , ieroboam , iebu , manasses , and many other kings , whome god threatned & dared , and performed also the same without any such respectiue warinesse , as m. barlow doth fancy ; his wordes and meaning are plaine , and generall in iob , that when princes are warned and do not amend : si non audierint , transibunt per gladium ; if they obey not , they shall passe by the sword . and this is gods plaine speach , and plaine dealing , for that princes to him are no more then poore men , all flesh and dust : albeit whilst they liue vpon earth , & beare rule in his place , he will haue them respected , obeyed , and honoured , as his deputies in all that they shall command , not contrary to his lawes , which he will haue obserued both by prince and people ; and detesteth all such prophane flattery as heere we haue heard vttered by m. barlow . and so much for this matter . now then to come to my former proposition , that the prouidence of god might seeme to be defectuous , if his diuine maiestie had left no remedy for so great an euill : it is founded vpon all those places of scripture , where it is sayd that gods workes are perfect , as deuter. . and that they are made in wisedome , psalme . vers . . that is to say , in most high wisedome , & ordinata sunt , saith s. paul , rom. . they are according to order & well ordered , & the like . out of all which is inferred , that whatsoeuer the perfection of wisdom , & good order doth or can prescribe in any worke , that is to be presumed to be in gods works , yea with far higher perfection then mans wisedome can reach vnto . whereby it followeth , that as when a prudent humane law giuer instituteth a commō-wealth , he prouideth for all inconueniences , that by humane probability may fall out vnto the same : so much more christ our sauiour , being not only man , but also god , must be presumed to haue prouided sufficiently and aboundantly for his kingdome , and common-wealth which is the christian church , purchased with his owne bloud , for preuention of all hurtes and euills imminent to the same ; which seemeth had not bene done , if he had left this gre●t g●ppe vnstopt , and this mayne mischeife vnprouided for , which might come thereunto by the incorrigibilitie of some deplored prince , impugning the same : for so much as all humane law-giuers and erectors of common-wealths , doe neuer fa●●e cōmonly in this particuler , for the defensiue part ; and much lesse may it be thought , that christ our sauiour would be wanting in so important a point . neyther is this any way blasphemous or disgracefull to our sauiours infinite wisdome and prouidence , as m. barlow would most impertinently seeme to vrge , but highly rather to his honour : for somuch , as wee professe that he hath prouided for this euill , and the protestants hold that he hath not . for as , when a man beholdeth a house made by some excellent architect , and considereth all the partes & commodities thereof , with prouision for all vses , and prouidence for all cases that may fall out , he admireth the coherence & dependance of one thing vpon another , prayseth and extolleth the wisedome and foresight of the author , saying : if this or that had not bene foreseene , and prouided for , as excellently it was , it had byn a great want and defect , but being prouided for , it doth infinitly commēd his sayd care , wisedome , foresight , and prouidence . and euen soe in our case , when a man considereth the admirable excellency of christ our sauiours wisedome , in other pointes concerning the gouerment of his church , how carefully and orderly he hath prouided for the same , in all necessary points , as in part the holy apostle doth describe both to the corinthians , and ephesians , appointing some apostles , some prophetes , some euangelists , some doctors , some pastours , ad consummationem sanctorum , in op●s ministerij , in aedificationem corporis christi , for the consummation of the sayntes , and for the works of the ministery , & for the building vp the body of christ , which is his church , with exact order , prouidence and subordinatiō of things , men , and offices , one to another , with sufficient power and authority for euery party to doe his office : these things , i say , being well considered , do inferre that it cannot possibly stand with such high wisedome & prouidence of our sauiour , to leaue his sayd body and church vnprouided of sufficient authority , to preuent , or remedie so mayne a calamitie , as might fall vpon the sayd church by temporall christian princes , if there were no restraint or punishment for them . nor do the protestants themselues pretermit to vse such kind of arguments , and consequences for their owne defence , when they deale with domesticall aduersaries , to wit , with protestants of other sects . as for example , when the puritan refuseth all bishops , archbishops , and other distinction of subordination in the clergy : what vrgeth in effect the protestant on the other side , but that it belonged to christ his diuine prouidence to leaue such distinction and subordination : and consequently that it might be noted for defectuous , if he had left but the puritan parity in all ? the like passeth with the lutheran , who denying the temporall prince to be head of the church , and confesseth consequently that their church is headlesse vpon earth , but only dependeth on iesus christ , as head in heauen ; is refuted by the english caluinists with the same argument of the defect of gods prouidence , if he had not prouided some head on earth also . and much more holdeth this argument against the anabaptists , who hold that christ hath left no temporall power or magistrate in his church , to iudge or condemne , and especially to death , for any cause whatsoeuer , for that he sayth , nolite i●dicare , do not iudge ; which i doubt not , but our english protestants will re●ute , by this argument of gods prouidence , which would haue bene iudged insufficient , if he had left so many common-wealthes and kingdomes , as are conteyned within this christian church , without any temporall magistrate at all . whereby remayneth confuted the in●ulse insultation of m. barlow against the same , for that our inference is no● , as he fraudulently telleth his reader , except the popes triple crowne had power to depose princes , gods prouidence had bene defectuous , but if his diuine maiesty hauing prouided most sufficiently for all other inconueniences , it would haue bene a note of defect in the same , not to haue prouided for this case of extreme necessity , in some occurrents , which we say he hath done , by leauing sufficient authority in s. peter● successours to remedy the same ; not by their triple cro●●es , but by vertue of their supreme ecclesiasticall authority ( including indirectly this temporall ) when great necessity vrgeth , euen then when they were most poore , and lay in caues and vaw●es vnder ground , though there occurred not then occasions to vse the same . and thus now would i end this matter , but that i must say a word or two concerning two authours cited in the margent about the same . the first is of aluarus pelagius , an ancient canonist , saith he , of their owne , who talking of the mathematicall donation of constantine , saith , palea est , at ecclesia pro gran● habe● : and then do●h english it , that is chaffe indeed , though the church doth hold it for good corne , which word , though they be in aluarus , yet are they alledged by m. barlow , no lesse thē commonly are other authours by him cyted , with a guilty conscience , for that he well knew , that aluarus doth not hold that donation to be chaffe , but doth approue the same to be true in diuers places of his workes , as namely , lib. . cap. . & lib. . cap. . and elswhere , which m. barlow could not choose but know , by aluarus his owne words , and wh●le discourse : as also for that otherwise he had co●fessed himselfe to hold against the church , who being a catholike & an ancient canonist of our owne ( as m. barlow sayth ) would neuer haue done , nor can be presumed to haue done . what then will you say was his meaning in those words , quae palea est , at ecclesia pro grano habe● ? sur●ly his meaning is far differēt from that wherin m. barlow cyteth him . and this is , that gratian compiler of the canons , hau●ng this word ( palea ) set downe in his d●cretall , and prefixed before diuers chapters , not to signify therby ch●ffe , or contemptible matter to be conteyned therin● 〈◊〉 rather that it was eyther the collection , or addition of one protopalea , that was a cardinall , as diuers graue authors do write , or some later collections of gratia● himselfe , noted in the margent for memory and distinction sake , with this word palea , deriued eyther from the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth ancient , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that signifieth rursum , or againe , as who would say they were additions to the former collections , whereof the reader may see more in the preface to the first volume of gratian his decretalls . but in what sense soeuer the word palea is there takē , certayne it is , that it doth not signify chaffe in al●ar●● his iudgement , though he doth allude to the words chaffe , and corne , for that the common signification of the latin word palea importeth chaffe ; but that he himselfe did not hold those things for chaffe , and contemptible , which are conteyned in gratian , vnder the titles of palea , may appeare by the very first chapter so intituled , which conteyne the words and determination of s. gregory the first , written vnto s. augustine our apostle , and recorded by venerable bede : so that the meaning of aluarus was , that albeit this donation of constantine was recorded by gratian vnder the title of palea , yet the church doth hold it for corne , that is to say , for a matter of truth , about which i remit me to those authors , that did write of that affaire lōg before gratian , as petrus damianus accompted for a most holy & learned man before the conquest , iuo carnotēsis , & others . so as here the vntruth of m. barlow , alledging of aluarus against his owne meaning , is euident , that he intended therby to deceiue his reader . as for the second , that is bertrand , in the addition vpon a glosse of the common law , whom m. barlow alleadgeth to say , that our lord , sauing his reuerence , had failed in his discretion , for gouernment of this church , if he had not left such a gouernement therein for deposing of incorrigible princes ; there is no great matter to be stood vpon therin , but only his manner of simple speach , which m. barlow out of his sincerity maketh alwayes worse by his relation : for wheras bert●and saith , videretur dominus , god should seeme to haue fayled : this man maketh him say , god had fayled : and wher●s bertrand saith , vt cum reuerentia ei● l●quar , that i may speake it with due reuerence , or regard vnto him , m. barlow translateth , sauing his reuerence , which i● our english phrase seemeth contemptible . and thus he helpeth himself out at euery tu●ne , with sleights and shifts , neuer vsing sincerity commonly in any thing that passeth from his pen against vs. vvhether the devising and vrging of this nevv oath vvere a blessing or no , eyther to the receauers or vrgers ? and first of the receiuers : wherein is handled also of conscience , and of swearing against conscience . chap. iiii. after humble supplication made in my letter to his maiesty as you haue heard , that it would please him to admit the acceptance of this oath , by his catholicke subiects , in the forme and substance that should be allowable by catholicke doctrine , by yielding all dutifull temporall obedience vnto his maiesty , his heires , and successors , with reseruation only of their consciences in points that concerne their religion ; i was forced to ●●swere some few lines about that which was sayd in the apology , that god did blesse this godly deuise and intent ( of making and vrging this oath ) by ●he admittanc● therof by so many prie●●es and laickes : & i thinke it good to repeat my owne wordes againe , to the end i may be the better vnderstood . but before i do this , it shall not be perhaps amisse to set downe the relation of my sayd wordes by m. barlow , wherby you may see how faithfully and sincerely he doth relate them , as well here , as in all other places , for this is his fashion , albeit he set them downe in a se●erall distinct letter , to the end the reader may imagine that they be mine indeed . is it be a blessing ( saith he ) it must bee so first to the takers , which are of two sortes , eyther in act which are sworne already , or in desire , which wish they might , and dare not . the fi●st haue no outwar● blessing of liberty , for they are still imprisoned : if inward blessing of comfort , he knowes not . but to the other it is the greatest pressure of conscience and angariation of minde , that euer be●ell them ; for that oppr●ssion exceedes all other , eyther corporall for paines , or worldly for losse . this is my speach as he setteth it downe , both ragged & scarce coherent , if you consider it well : and this cou●se he holdeth throughout the whole booke , that he maketh me speake as pleaseth him to appoint me . my owne speach is that which ensueth , somewhat more cleare and perspicuous at least wise , as you wil see . about this matter ( sayd i ) where the apology saith , that god did bl●sse this godly deuise and intent ( of making and vrging this oath ) by the admittance thereof by so many priests & lai●ks &c. which bl●ssing ( if it be a blessing ) must concerne eyther the takers , or the exibitours , or both . but for the takers , what inward blessing of comfort in cons●ience they may haue receaued thereby , i know not . but ●or outward blessing , i see small , for they remaine , ei●h●r in prisons , or vnder pressures still , a● hath bene said . but for others of the same religion that cannot frame their consciences to take the said oath , and yet would gladly giue his royal maie●ty conten●ment & satisfaction , so farre as they might , without offending god ; i can assure you , that it is the greatest affliction of mynd , among other pressures , that euer fell vnto them . for that no violence is like to that , which is layd vpon mens consciences ; for so much , as it lyeth in a mans owne will and resolution , to beare all other oppressions whatsoeuer , whether it be losse of goods , honours , dignityes , yea of life it self : but the oppression of the conscience , no man may beare patiētly , though he would neuer so faine . for if he yield therin , he offendeth god , & leeseth his soule : neyther doth metus cade●s in constantem virum , feare that may terrify euen a constant man , excuse in this behalfe , as appeareth by the example of the ancient martyrs , who were forced , vnder paine of damnation , to stand out to death against all humane power , vexations , torments , and highest violence , , rather then to doe , say or sweare any thing against their conscience . to all these men then , which are thousands in our countrey , that neuer thought otherwise then to be good subiects to his maiesty , the deuising of this new oath , was no blessing , but an vnspeakeable affliction , and angariation of mynd . thus much i wrote concerning the receiuers of the oath . the other part of the vrgers , we shall handle presently after . now i say only , that i thinke the reader hath seene some difference betweene my speach , as it is mine , and commeth from my selfe , and as it passeth through the lipps , and pen of m. barlow . but what doth he answere to the substance of the matter ? you shall heare his first words . indeed ( saith he ) the trouble of conscience is a fearfull vexati●● , but the next to it is the trouble in answering a cauelling sophister . but what sophistry , syr , do you find in these wordes of mine now recited● are they not playne ? are they not perspicuous ? you run out into a common place , that in the mult●●ude of a people is the honour of a king , saith salomon ; and then , god hauing blessed his maiesty , with the a●crewment of a mighty ●ation &c. he deuised this oath for a pledge of his assurance , and ma●y vnrequired came and shewed themselues to be populus voluntari●● freely offering to take the oath , and this the apology truely call●●● a blessing of god vpon the deuise . well syr , let it be so : yet this blessing , if it be a blessing , concerneth rather the exhibitours of the oath then the sweares themselues , and consequently toucheth no● the point in hand ; though i graunt notwithstanding that if those that come to sweare , were indeed populus volunt●●●● in that behalfe , freely offering themselues to sweare of their owne accord , then no iniury or angariation of conscience was layd vpon them . but i speake onely of those catholickes which felt repugnance of their conscience , for that they esteemed diuers clauses in the oath to preiudice their religion : what say you of these and this case● let vs heare your resolution . to answere once for all ( say you ) is your catholickes haue vexed consciences , it is no meruayle , for idolatry being mixed with superstition , and superstition neuer voyd of 〈◊〉 ( because as it supposeth ther be many gods , so it wisheth there were 〈◊〉 ) so seare must needs worke vexation of minde : but heresy is idolatry , 〈◊〉 vincentius , for so many self-conceipts are so many gods , yea the ●ase●● kinde of idolatry , sayth s. augustine : this adoring the worke of men hands , and the other worshiping fancies of their owne braines . this is his first resolution about catholicke consciences , which if he knew what a true conscience meaneth , and what is truly catholick , he would neuer say as he doth : but for that it seemeth he is as far from feeling in the one , as from knowledge in the other , he talketh at randome , he knoweth not what against feare , and bringeth in idolatry and superstition as causes of feare , which haue no more coherence with the matter in hand , of the griefe of a forced , and coacted conscience , then canter●●ry with constantinople . for we say , that when catholick men are forced by penall lawes to sweare against their owne consciences , that is to say , against the dictamen of their owne reason and iudgement , which they haue in matter of religion , their griefe must needes be excessiue , there being vndique angustiae , for that on the one side if they swear , their owne consciences will condemne them : and if they sweare not , they of●end their prince , and incur most grieuous penaltyes of the law . vvhat sayth our doctour to this dilemma ? he telleth vs a tale , how that idolatry is mixed with superstition neuer voyd of feare . vvhat is this to the purpose ? we talke not now of feare which may be both good and bad , and the former is highly commended in scripture : and we are commaunded to worke our saluation with feare and trembling : but this is not now to our purpose , nor will i examine m. doctour why he ascribeth fear so particularly to superstition , as that it is neuer voyd thereof , for that superstition being an excesse in religion , maketh commonly the superstitious person to be more confident , and lesse fearefull then any other men ; & this likewise ouerthroweth that foolish clause put in by m. barlow , that superstition wisheth there were no gods : for that her nature consisting in excesse of supposed religion , as h●th bene sayd , she cannot wish that there were no gods , but leaueth this rather to atheisme her contradictour ; which as it belieueth no gods , nor careth for thē , so would it wish that there were none . but superstition standing , on the contrary , vpon disordinate , excessiue & erroneous seruing of god , is absurdely sayd heere to wish there were no gods at all . for whereas diuers do assigne foure parts or members of superstition , to wit disorderly worship , idolatry , diuination by wicked spirites , and vaine obseruation , i would know of m. barlow by which of these foure kindes superstition may be sayd to hate gods ; to wish that there were none , or to liue in such speciall feare , as he imagineth ? but in truth our● doctour knoweth not what he sayth , but is one of those doughty doctours that s. paul speaketh of to timothy : desiring to be doctours of the law , doe not vnderstand neyther what they say , nor whereof they doe affirme : he seemeth not to vnderstand distinctly , what is the true nature of any one thing heere by him mentioned , to wit of conscience , of ●eare , of superstition , of idolatry , or of heresie . and as for the last which is heresie , he hath brought in two such authours , and authorities against himselfe , as in the whole ranke of antiquitie he could not find 〈◊〉 two more fit , and forcible to conuince him , and his of heresie , and consequently also as himselfe inferreth , of more gri●uous and damnable idolatry . and he would not haue brought them in to the purpose he doth , if he had vel micam salu , any the least part of prudēce . for if i should by the occasion of these two fathers here brought i● , frame a syllogisme against m. barlow his religion , taking the maior proposition out of these wordes here set downe , and adding the minor out of these two fathers most manifest assertions , he would neuer be able to auoyd the conclusion : and if he can , i doe prouoke him to the triall . the maior proposition is this , according to s. a●gu●●●●● and vincentius lyrine●sis , that liued not long the one after the other . heresy is idolatry , and heretickes are idolatours , yea the basest kinde of idolatours , that do wo●ship the fancies of their owne braynes . this propositio● is here brought in , and gr●unted by m. barlow as true● and auouched by these two an●ient fathers : the minor● doe adde , and doe offer to proue , which is this : but according to the iudgement and writing of these two fathers , concerning the nature and property of heresy , and heretickes , m. barlowes religion ( if it be the protestants ) is conuinced to be heresy , and the professors thereof heretickes . ergo , also they are idolatours , and of the basest kinde of idolatours , and damnably worship the fancies of their owne braynes . this syllogisme , consisting of m. barl. his maior , & my minor , & the conclusion following of them both , i could wish he would cōsider wel . and for so much as i know he wil deny the minor , i do offer to ioine issue with him , vpon that point only , if he please , reducing all our combate begun betweene him and me , to this important question , much more profitable to the reader , then these wranglings , wherin wee are now conuersant : whether according to the doctrine and iudgement of s. augustine and vincen●ius lyrinensis , cōcerning heresy● protestants or romā catholickes be truly hereticks . let vs lay all other quarrels , i say , aside , and handle only this graue and weighty controuersy , if he hath so much confidence in his cause , & in the doctrine of these two fathers . but for so much as i do imagine that m. barlow will pause a greate while , and consult before he accept of this offer , and perhaps expect vntill the designed new colledge of protestant vvriters be vp at chelsey , or els where ; i will in the meane space inuite the reader , to study and make familiar vnto himselfe , the two aforenamed authors about this point of heresie , and hereticks . and as for vincentius lyrinensis , it wil be easie , for that it is but a little booke , though weighty in substance , and it is printed both seuerally and togeather with tertullian his excellent booke of prescriptions against hereticks , both of his , and these our dayes : yea illustrated also with diuers short notes , and commentaries both of ioannes costerus , and of i●stus baronius a learned man and counsellour to the arch-bishop electour of me●tz , conuerted from protestant religion , principally by reading and pondering that goulden treatise of the sayd vincentius . the other authour s. augustine is far more large and difficult to be studied throughly , in respect of the multitude of his workes , but there is a collection made of them into foure bookes by a learned man of our time , with the title of confessio augustiniana : wherin is gathered the iudgement of s. augustine about all the controuersies of our time , which he hath handled in his workes so many hundred yeares agoe , before the new names of protestants or papists were euer heard of ; and to the diligent reading of this booke i would exhort all indifferent men that haue care of their soules , and vnderstand the latin tongue . for that s. augustine being the man he was , both in learning , and sanctity , and so speciall a pillar of christ his church in his dayes , which was about foure hundred yeares after christ , when yet the true catholike church is granted to haue flourished ; it followeth , that what doctrine he held for true , and catholike in his time , must also be now : & what held to be heresy , we may also boldly hold the same : and what rules he gaue to know and descry the one or the other , may serue vs now to the same end . i will not set downe any particuler places in this epitome of s. a●gus●i●● , for the reader to repaire vnto aboue others , for they are clearly propounded in the beginning of the worke , and reduced vnto seuerall heads , and chapters . but if m. ba●low or any of his shal be content to ioine with me vpon the issue before mentioned , we shall haue occasion to examine the worke more exactly . and this hath bene spoken by occasion of m. barlowes answer once for all , about catholikes vexed consciences with feare , as he termeth thē , which full wisely he will haue to proceed of idolatry , superstition , & heresy , as you haue heard ; but sayth nothing of inforcemēt of their consciences by penal lawes , though that be the only matter in questiō . but it may be he will say somewhat therof in his second resolution , about this matter , for this is but his first : let vs heare him then further if you please . againe ( saith he ) where the mind hath no certayne stay for ●e● vltima resolutio , in matters and cases of faith & conscience , there must necessarily follow a miserable vexa●ion , which is the case of th●se catholickes , whose dependance for resolution , must rest vpon the supreme pastours determination , then which , what is more vncertayne : for what one pope decrees , the other disallowes . here againe you see he runneth from the whole purpose , and talketh in the ayre : for the catholikes doe not demaund of him , what is the cause of their vexed consciences ? but rather doe tell him what it is , as you haue heard in my words before rehearsed ; to wit , the pressing of them to sweare against the iudgement of their owne consciences , or els to incurre displeasure and suspition of disloyalty with his maiestie , as also the penalty of the law . and what then doth our doctour tell vs a tale of vltima r●solutio in matters & cases of fayth and conscience , to be the cause of their trouble and affliction ? truly it is as far from the purpose as the other before was : and no lesse also against himselfe , to make mention of this vltima resol●tio , which more conuinceth him and his of heresy , then any other demonstration that can be vsed to that effect . for that they hauing abandoned the authority and iudgemēt of the knowne catholike church , from which finall resolution in matters of controuersy is to be taken , according to that rule of s. augustine : si quis quaestionis difficultate ●alli meti●t , ecclesia● consulat : if any man teare to be deceiued with the difficulty of this question , let him take counsaile of the church ( meaning thereby the vniuersall knowne catholike church : ) they hauing abandoned this way , of di● ecclesiae , tell the church , and of recourse thereunto , as to the columna & firmamentum veritatis , the pillar and stay of truth , so called by s. paul ; what remayneth then to thē for their vltima resolutio , but their owne heads , and priuate iudgments , which are those fancyes o● their own braynes , which m. barlow recyted before our of s. augustine . and this shall i make manifest by the ensuing example . yf fiue or six learned men of different religiōs should meet togeather in germany or transiluania , to wit a roman catholike , a hussite , an arrian , a trinitarian , a lutheran , a zuinglian , or a caluinist ( for that all these different religions are there publikely professed , and both by speaches , books , and sermons , preached and maintayned : ) and that you should demaūd of each one of these the reason of his fayth , and his vltima resolutio , or last rest about the same ; you should find their answers far di●ferēt . for if you should demand of the catholicke , for example , why he belieueth the reall presence ; he would answere you , because it is reuealed by god ? if you aske him further how he knoweth it is reuealed by god ; he will say it is conteined in his word , eyther written or vnwritten , or both . yf you aske him againe , how he knoweth it is cōteined in gods word , in that sense that he defends it ; he will answere , for that the knowne catholike church doth tell him so , by whose authority he is taught what is gods word , and how it is to be vnderstood . and if you demand of him further , how he knoweth the church to haue such authority , and the roman church to be the catholike church ; he will alledg for the former diuers scriptures , acknowledged also by the opposite sectaries , as that before mentioned , wherin she is called , the pillar and stay of truth : and for the second , he will alledge so many demonstrations , of the beginning , growth , increase , continuance , succession , and visible de●cent of that church , confirmed from time to time , with so many miracles , & other manifest proofes and arguments of credibility , as no man in reason can contradict the same : so as his vltima resolutio , or last stay is vpon the church , testifying vnto vs t●e word of god , and testified by the same . but now the other fiue , though neuer so learned in their profession , will not answere you thus ; but being demaunded euery one of them seuerally , why they are of that peculiar sect , more then of any other : and why they are different from the catholicke in the former article of reall presence : they will all answere conformably for the first step , that they doe build vpon the word of god , yea the writtē word only . but if you go a step further , & demand of them , how they know that this written word is well vnderstood by them , for so much as they are of fiue different religions , founded by them all vpon the same written word : here now they cannot passe any further to the foresaid catholike church for finall resolutiō , as the first did , for that they all do impugne her , but ech man must defend his different interpretation of that written word , by his owne iudgement , or els by the iudgement of his owne congregation and sect , which in effect is the same . so as these fiue learned men do remaine irreconciliable as you see , for want of a ground from whence to take their vltima resolutio , and do shew themselues according to the former speaches of vincentius , and s. austine both heretikes and idolatours , in that , following the ●ule , & resolution of their owne heads , they adore as many gods , as they haue selfe-conceipts for ground of their fayth . and will you say that this poynt of vltima resolutio was wisely brought in by m. barlow , being a thing wherby himselfe and his are condemned to haue no last resolution , or certayne ground at all for their beliefe , but only their owne ●eads ? but oh ( sayth he ) you depend for resolution vpon the pope , which is so vncertaine , as what one pope decrees another disallowes . but i haue now answered , that we depend vpon the catholicke church , as propounding vnto vs and expounding gods word , and we depend of the supreme pastour as head of that church , vnto whō we rest assured by gods owne word and promise , that he will assist him with his spirit for all resolutions in matters of fayth , which shal be necessary for his sayd church : nor can m. barlow prooue that what one pope decrees in these matters of fayth , another disallowes . one of them may well alter matters of policy , gouernment , ceremonies , or the like ; but for poynts of fayth we do allow m. barlow sixteene hundred yeares to seeke them out . and if in so long time he could haue produced but one true example , i suppose we should haue had it . i doe willingly pretermit a great deale more of idle & impertinent speach which m. barlow vseth about this matter of catholiks consciences , ●hewing indeed to haue little himselfe , nor yet to know well what it meaneth , and much lesse speaketh he to the present purpose . for he telleth vs first , that if pressure of conscience may serue for good plea of recusancy to princes lawes , there is neyther malefactor for crime , nor hereticke for schisme , but that will make that his apology . wherunto i answere , that causes , persons , merits , and demerits are to bee distinguished in this matter , and not to be confounded . for what hath the malefactour for crime , or hereticke for schisme to doe in this affaire ? from the first i thinke the aduersaries themselues will deliuer them , or at leastwise theyr neyghbors , among whome they dwell : and as for the second of heresy and schisme , we haue spoken now already sufficiently , to shew where those imputations may , and must lye , & not vpon the catholickes , who are opposite to that charge . secondly , then he telleth vs , that we lacke the light within vs , which should driue away the darkenesse of our consciences , and purge the eye therof from mist , dust , & lime . and vpon this he maketh vs an exhortation , that we take heed of caligo tenebrarum in this life , that dusketh the eies of our vnderstanding to perdition , especially by worldly delightes , desire of honour , and wealth , this being puluis pigmentarius , sayth he , the merchants dust , which tickleth the eies , and blindeth the sight of the wisest , as do also enuy by emulation , preiudice of affection , wilfulnes by opposition , which like vnto lyme tormenteth the eye , and peruerteth the iudgement &c. and is not this , a very graue , and serious exhortation , comming from such a man as he is , knowne to be so clearely inlightned , as neyther mist , nor dust , nor lyme of ambition can sticke vpon a man so hating worldly delights , honour , and wealth , as no part of this merchants dust can tickle his eyes ? are not his mortifications knowne ? his contempt of the world seene by his life , and conuersation ? is not his hate of ambition , honour , and wealth discouered by his voluntary pouerty ? aboundance of almes ? refusall of dignities , & temporall commodities ? let his parishioners testify for him . but yet against vs he goeth forward , telling vs , that the iewes veyle is spread ouer our harts , and consciences , and that by our owne wilfulnes , errour , and peeuishnes . item , to a corrupt stomake , yea the lightest meats are troublesome , but cleansed , it will easily concoct , and orderly digest the strongest food &c. which last direction of cleāsing the stomake , to be able to concoct , and put ouer the strongest foode , being applied as m. barlow applieth it , to the purging of a mans conscience from feare , therby not to haue scruple , commeth very euill from his mouth , who as they write from thence , is held to haue so purged a conscience from all due feare of offending god , by doing , saying , or swearing any thing , which to the state or present prince may be gratefull , that already as i vnderstand the commonvoyce hath bene of him , as of d. shaw who in his sermon betrayed his lord & maisters children , & whole succession : as this man , i say , in a like publike speach betrayed his dearest patrones honour , fame & credit . wherfore he may talke of corrupted stomakes what he pleas● : he may also talke of strong digestions ; no mans i thinke of his order , though many be bad , is knowne to be more corrupt then his owne . as for catholikes , if in this poynt they ●ad corrupt stomakes , they would neuer stand so much as they do , and with so great losses vpon the contrary : but would rather cleanse their stomakes of all feare & make that strong digestion , which here m. barlow doth insinuate vnto them , of putting ouer without scruple whatsoeuer is offered to be sayd , long , or sworne , so it be plausible or commodious . but now after all this , he maketh his conclusion ; and the best comfort that he can giue to catholickes is this : for them , sayth he , who are to take the oath , if they refuse it , the penalty is before them , their conscience is free . but now what freedome this is , wee haue discussed before , both out of philosophy , and deuinity , and m. barlow hath bene shewed to vnderstand rightly neyther of them concerning this point , but to haue shewed himselfe ridiculous in both : but let vs heare yet what threat he addeth further of his owne to the former wordes . the penalty , sayth he , is before them , their conscience is free , but his maiestie no doubt will beware of them , and the state obserue them , as branded by the apostle , seduced by the error of balaams wages , and perishing in the contradiction of corah and dathan . here be wordes of great malice as you see , but of small reason , coherence , or consequence . for first why is there no doubt , but that his maiestie will beware of them , if they pay the penalty of the statute , for not sw●aring against any clause of their religion , and doe otherwise offer to sweare all temporall obedience ? why should not wee thinke rather that his maiestie will esteeme of them as of men that haue care of their consciences , and consequently that being true to god wil be also true to him , as gods substitute ? we know that one of his maiesties most noble ancestors , yea constantius , constantine the great his father , did make that argument and consequence , when he proposed some like oath to his courtiers , that might preiudice his christian religion , the swearers he reiected , the refusers he imbraced , as more faithfull then the other : and why may it not be hoped that his maiestie out of his great wisedome , and clemency will doe the same ? and why should these men be sayed here to be brāded by the apostle , sed●c●● by the error of balaams wages , perishing in the cōtradiction of corah and dathan ? is there any least similitude of these things against the catholicks of england ? wherin hath the apostle branded them ? what hope of gayne , what corruption of money , what wages of balaam hath seduced thē , that suffer themselues to be so much spoyled & impouerished for not swearing against their owne consciences ? what contradiction of corah and dathan is there in them , that offer all obedience , and duty both to tēporall & spirituall gouernours ? that which is due to cesar , to cesar , that which is due to god , to god : matters of the world , life , and goods vnto the king : matters of the soule , spirit , & life to come , vnto those whome god hath appointed for gouerment of soules . and this is no cōtradiction of cor●● and dathan , but the quite contrary , of conformity in dutifull subordination , only found in catholicke men : all heretickes perishing indeed , in the foresayd schisme and contradiction peculiar vnto them . tovching the exhibitours of the oath , and of scandall actiue and passiue . wherein m. barlowes grosse ignorance is discouered . §. ii. this hauing byn spoken principally in the behalfe of those that were pressed with the oath : there remayneth now the other member , concerning the exhibitours , or those that vrge it , about which my former speach in my letter to my friend was this . to the exhibitours of the oath also ( quoth i ) i see not what blessing it could or can be , so extremely to vexe other men without profit , or emolument to themselues , or to his maiesties seruice , which herein they would pretend to aduance . for if there be any cause of doubt of loyall good will in thē , that are forced to sweare against their consciences : much more cause and reason may there be of like doubt , after they haue so sworne , then before . for that the griefe of their new wound of conscience remayning still within them , & stirring them to more auersion of hart , for the iniurie receiued , must needes worke contrary effects to that which is pretended . and whosoeuer will not stick to sweare against his conscience for feare , fauour , or some other like passion , may be presumed that he will as easily breake his oath , after he hath sworne vpon like motiues , if occasion doe mooue him . and among all other passions , none is more strong t●●n that of reuenge for oppressions receyued : so as we read of the whole monarchy of spaine ouerthrowne and giuen to the mores , for one passion of count iulian , whereby he desired to be reuenged of his king roderiquez . nothing then is gayned in this behalfe of loyall good will , by such extreme pressures , but much rather lost . th●se were my words , what cauill hath m. barlow against them ? you shall heare it in his owne phrase . they are extrauagant ( saith he ) from all de●inity and policy . how proueth he this ? nay no one word of proofe doth he alleadg , it is inough for this pithagoras to say it ; let the iudicious reader iudge of it . he goeth forward : of conscience we haue already spoken , now for desperation . no doubt syr , but you haue spoken substantially of conscience , as before hath beene seene ; but of desperation . i know not what you can say , if you keep your selfe to your text : for i remember not to haue mentioned that word in my speach before rehearsed wherunto you pretend to answere . true it is , that of the passion of anger and reuenge , for supposed iniuries or oppressions receyued , i haue made mention . but you haue turned all your sh●w of answere against desperation , telling vs much of the furious fancy of the donatists in africa , that were desperatly inraged . you aske also whether the catholiks be no better instructed in deuinity by their priests ? you tell vs that s. peters deuinity was better , who● he●●horteth seruants to be bucksome and obedient in all fe●●● to t●eir maisters . you say further , that true catholic●e deuinity teacheth men to endure lawes , with all ●●●dy ●●bedience : and if through weakenesse they cannot , or by repugnancy of conscience they dare not be perswaded that they may lawfully sweare vnto them , then to endure the penalty with an humble patience , alleaging for the same , the words of s. peter , that , this is thanks-worthy , if a man f●● conscience sake towards god end●●e griefe wrongfully , beca●se o●r ●●●ster did so &c. which we take for very good doctrine indeed , and so do teach and preach the same diligently , exhorting all good catholicks to follow that rule . but yet on the other side we cannot forget also the saying of the apostle , non in omni●us est sciētia , al men haue not true knowledg 〈◊〉 they ought to do , and much lesse patience in what they ought to suffer , and therfore is the gi●t of wisdome , prouidence , and discretion graunted vnto gouernours to moderate matters according to mens infirmities in some ca●●● , & this is all that is sayd , or insinuated in this passage , though m. barlow out of his great prudence in de●i●●ty & policy noteth that the example of count iulian of spai●e , that ouerthrew his countrey vpon the passion of reuenge , ought to be a caueat to the state of england , that i do threaten . but it is a childish quarrell pickt , for i do but call 〈◊〉 memory the history in confirmation of that which in my speach is set downe . but there followeth a second reason concerning them that presse the oath vpon others , to wit , the consideration of actiue scandall , which i set downe before in these words . but besides all this ( said i ) is the grieuous sinne that they commit , who force or presse other men to sweare against their conscience , then which nothing can be imagin●d more heinous , for it is to thrust men headlong ( especially such as are fearefull ) into the very precipitation & downefall of hell it selfe . for it is the highest degree of sc●ndall ●ctiue , so much condemned and detested in the scripture , and so dredfully threatned by our sauiour , to be seuerely punished in the life to come . for that scandalizing properly is nothing els , but laying a stūbling blocke for other men to fall and breake their neckes : and such a one is this formall oath , which containeth diuers things lawfull for a catholick to sweare , & other things vnlawful , and he is forced by terrour to passe ouer , and swallow downe one with another without distinction , with manifest repugnance of his conscience , which repugnance to him is alwaies a sinne , and damnable in such a publike and waighty action , though the matter were lawfull in it selfe : and consequently also vnto them that forced him to the same , either knowing or suspecting his said repugnance of conscience . for he that should force a iew , or a turke to sweare that there were a blessed trinity , either knowing or suspecting that they would do it against their cōscience , should sinne grieuously by forcing them to commit that sinne . this is catholick doctrine , which i also think the learned protestants themselues will not deny . vnto this speach of mine m. barlow answereth , first granting that a man should rather endure any losse , of life , or goods , then sweare against his conscience : which doctrine i am glad , that in this present case the force of truth hath drawne from him . but he goeth further treating of this poynt of scandall , after such a fashion , out of our schoole-doctours , as he marreth all againe . and truly he hath so euill lucke in dealing with them ( not vnderstanding as it seemeth what they meane ) as i meruaile that he would euer name them . for though in this place he alleadg only s. thomas by the name of aquinas in the margent without quoting where , in what part , or place of his workes it is to be found ; yet doth he peruert his meaning egregiously , going forward , and backward , and taking one thing for another , that it is both pittifull , & ridiculous to consider . but i shall cyte his owne words as they lye , and thereby shall we see how able a schoole-man he is . but in this point of scandall ( sayth he ) will this great deuine vouchsafe to learne a lesson from their owne schoole-man . is the exacting of this oath a scandall actiue in our magistrates ? then is it passiue in their catholikes . for it is no scandall giuen if is 〈…〉 i● their consciences be offended a● it , they are ( sayth aquin●● ) 〈◊〉 simply ignorant , or wickedly malicious ; and the last ●●●●er , 〈…〉 well instructed or truly sanctified , can take no offence , though 〈◊〉 ●uer so openly : which he confirmeth by that place of dauid , g●●●● is th●●● peace that loue thy law , & non est illi scandalum : he which 〈◊〉 loueth god neyther doth scandalize by sinning , nor is scandalized by ●●●ning , quicquid ei fiat . in which discourse of m. barlow , is to be noted first , that after his scorne vttered against me , he taketh vpō him as a great schoole deuine , to determine this consequence : is the exacting of the oath scandall actiue in our magistrates ? the● i● it passiue in their catholikes : which i grant to be true in such catholikes , as by force of that exaction , haue bene induced to sweare against their consciences , and so finned . it is not true in them that refuse the same , and they are those whom the prophet commendeth in the place here mentioned , great is their peace , who loue thy law , and they are not sc●●dalized , nor do fall into sinne , by the sinne or inducement of others . so as in this sense it is true , that such catholikes as take the oath with a repugnant conscience , suffered scandalum p●ssiuum , but not these that refused . but m. barlowes reason for that there is no scandall giuen , if it be not taken , is most manifestly false , and the more intollerably foolish , for that he setteth it downe as the reason of s. thomas aquinas : wheras the sayd docto●● doth expresly contradict the same in sundry places , saying in one : quandoque est scandalum actiu●m sine passiu● , pui●●●●●●quis inducit alium ad peccand●m , ille n●n consentit . sometimes ●●ere may be a scandall actiue without a passiue , to wit , when any man doth induce by word , or fact , another man to sinne , and he do not consent vnto him . and againe in another place , potest tamen esse scandalum actiuum siue pec●●●●●●t●rius , qui scandaliza●etur . there may be notwithstanding an actiue scandall giuen , without the sinne of another man that is scandalized , which is to say , that one man may s●eke to induce another man by word , or fact to sinne ( which is the scandall giuen ) and yet the same not to be taken by the other , for that the sayd other consenteth not , but resisteth , or contemneth the sayd scandall giuen or offered . and of this there may be fiue hundred examples alleadged . and i cannot but wonder at m. barlowes gros●e ouersight in this behalfe : for when himselfe , for example sake , in a sermon doth go about to perswade his hearers against the reall presence , against the sacramentall confession of their sinnes , against their spirituall obedience to their supreme pastour , and other such poynts , that we that be catholikes do hold to be great sinnes : this we say to be a scandall actiue , inducing men to fall into sinne ; so that in him the scandall is giuen : but many of his auditours do not take this scandall , nor are induced to sinne by him , for that they belieue him not , nor esteeme him , but for a deceiuer . so that here is a scandall actiue without a passiue , and scandall giuen , but not taken . and the like example may be giuen of facts . as if a man should see m. barlow to eate flesh and feed freely , on fasting dayes , and in the lent , which perhaps were not hard to find him doing , here is a scandall giuen , but it is not necessary that euery one that seeth him doe this , should fall , and follow his fact , and so take the scandall . for many will say to themselues , that m. barlow followeth not the life of s. antony , or s. hilarion , & other saints that were great fasters , but a good fellowes life , that loueth a good morsell when he hath it , making no difference of dayes or me●tes , for auoiding of superstition ; for that this is pleasant deuinity & agreeing to his appetite . some other would passe further and say with the apostle , animalis h●mo non percipit ea quae sunt spiritus dei : the sensuall man giuen● to his belly , vnderstādeth not the things that belong to the spirit of god. but howsoeuer it be , here is a scandal giuen , & not taken , & consequently m. barl. is much ouertaken in this , to say there is no scandal giuen if it be not taken . but now followeth a far greater abuse against thomas aquinas in peruerting his whole discourse & meaning , with intēt therby to disgrace the consciences of our english catholiks , that do refuse the oath . for it followeth immediatly in m. ●arlow : if their conscience● be offended at it , they 〈◊〉 , sayth aquinas , eyther simply ignoran● , or wickedly mali●●●●s● 〈…〉 last rather . and these words of simply ignorant , or wickedly ●●●●cious , he layeth forth to the view in a different letter , 〈◊〉 markable to all , and thereby would haue vs thinke that they are so set downe by aquina● himselfe , adding also the reason of aquinas , as he sayth , ●or that he which is well instr●cted , and truly sancti●ied , can take no offence , though giuen neuer so openly . but if you marke this discourse of m. barlow , you shall find it intricate and difficult to be vnderstood , which i● the marke he shooteth at , i meane , not to be vnderstood , as els where i haue notified : but much more would you discouer & detest his fraud , if you looke vpon aquinas himselfe , in his . question about scandal , deuided into eight seuerall questions or articles , all which m. barlow hideth , as before i haue noted . and albeit he founded himselfe wholy vpon him , as in this place you see , and dot● quote him twice in the margent : yet doth he not vouchsafe to name any one part or place of aquinas his workes , where he handleth this matter . but we haue found the place , and shall cleare the fraud , as briefly as may be . when s. thomas aquinas , had shewed in his first article the definition of scandal , that , it is an euill speach and fact , giuing occasion to another man , of spirituall ruyne , or ●alling into s●●● : & by occasion of this definition , had declared diuers other pointes concerning the same ; as that , there is a scandall actiue , and passiue giuen , and taken : giuen , when a ma● doth giue occasion by his speach or deeds to draw anothe● man to sinne , and this either out of his owne purpose and intention , which is the most malicious kind of actiue scandall ; or for that his speach or fact being naught , is of it selfe inductiue to sinne , though not intended by the scandalizer . and that passiue scandall is , when any man is induced and falleth into sinne by another mans speach or act , and this eyther with ground or without it , as pres●tly shal be shewed . after this ( i say ) s. thomas in his seauenth article doth declare how that sometime , there may be a passiue scandall without an actiue , or taken , and not giuen , as when one is scandalized , and falleth into sinne by another mans fact or speach without a iust cause , and this eyther of malice , by misinterpreting his wordes or deedes , or by ignorance , or infirmity by mistaking the same . the first is called scandalum pharisaeorum , the scandall of pharises , for that these people did maliciously so misinterprete the wordes and factes of our sauiour to an euill sen●e , & therby fell into synne themselues : the other is called scandalum pusillorum , the scandall of weaklings , for that they are scandalized , and fall into sin by infirmity or mistaking . now then , sayth s. thomas , for so much as wee may not scandalize our brethren , or giue them any iust occasion by our words or actions , to fall into sinne , vnder so grieuous and horrible threatnings , as our sauiour threatneth in the ghospell , what shall we do when we see any man scandalized without a iust cause ? wherunto he answereth , that if it be the scandall of pharises , that is to say , wilful , and out of malice , we must let them alone according to our sauiours doctrine matth. . and go forward in our doings , as himselfe did . but if the scandall which they take do ari●e by reason of infirmity or ignorance , then ought we to instruct them , and giue them reason of our doings , and sometimes also deferr our actions vntill the occasion of scandall be taken away● si autem post redditam rationem hui●sm●di scand●lum d●ret , iam vid●tur ex ●●alitia ●sse● : but if , after we haue yielded the reason of our doings , the sayd party remayneth scandalized still● now it seemeth that his scandall is not of infirmity , but of malice . this is the doctrine of s. thomas , which m. barlow applieth to the consciences of our english catholikes , that refuse the oath , which is hard to say , whether he doth it eyther of ignorance , or of malice , or of both . but sure i am he abuseth egregiously the meaning of s. thomas , who writeth this of those only that take scandall , and occasion of fal where none is giuen● & this eyther out of malice or infirmity , by misconstring , or by misunderstanding , as you haue heard . but in our case there is the vrging of the oath both by speach & penalty , which oath being contrary to th●●r consciences as they are catholickes , and yet swearing the same , they fall and run into the ruine of their soules by that meanes , and this neither out of malice , nor ignorance , but rather out of a certayne weakenesse culpable , that is sinfull both to themselues and to the vrgers therof . so as what s. thomas speaketh of one sort of men , m. barl●● sliely applieth it to the other . neyther doth s. thom●● vse these bitter speaches , of simply ignorant , or wickedly malicio●● , as before i haue noted : much lesse the third clause ( and the la●● rather . ) but least of all doth he adde that reason , which here is touched , to wit , for that he who is instructed , or truly sanctified , can take no offence though giuen neuer so openly . for s. thomas doth not vse the wordes instructed , or sanctified , but only maketh the title of his fifth article thus : vtrum scand●●●● passiuum possit etiam in perfectos cadere ? whether a scandall passiue may fall euen vpon such men as are perfect ? which ●e proueth that it cannot , for that a passiue scandal importing an offence taken by other mens words or works , whereby the scandalized vpon perturbation depart from god , and fall into sin ; perfect men are so firmly vnited vnto god , & to his holy will in all things , as no euil words or works of men can wrest thē aside from the same , according to the wordes of the psalme before recited , to wit , such as do 〈◊〉 thy law , haue much peace , and suffer no scandall : and consequen●ly perfect men cannot take passiue scandal ( and much lesse commit actiue ) without departing from their perfectiō . and such men may be accompted in our case , those catholickes that would not be scandalized , nor fall into sin and ruine of their soules by the vnlawfull oath offered vnto them , but chose rather to incur the penalty of the law . the other , as more imperfect , tooke the scandall that was giuen them , and eyther must be presumed to haue sworne against their consciences , if they were catholickes , or to haue followed an erroneous conscience in this matter , if they tooke the oath as it lieth , as may appeare by the declaration of the sea apostolicke . well then to conclude , let vs repeat briefly m. barl. contexture , and see his defects . is the exacting of the oath ( saith he ) a scandall actiue in our magistrates ? then is it passiue in their catholickes . which inference i haue allowed in some catholickes of the weaker sort , that tooke the oath , but not in all ( for it is no scandall giuen ( saith he ) if it be not taken . ) this i haue shewed to be very false . it followeth . if their consciences be offended at it , they are , saith aquinas , eyther simply ignorant , or wickedly malicious . this i haue shewed for the later part not to be in aquinas , and for the former , euill applied , and falsly alleadged : euill applied , for those wordes which in aquinas his sense appertayne to weake catholickes that tooke the oath , this man ascribeth to the more constant that refused the same . misalleaged also it is , for that aquinas sayth not , 〈◊〉 their consciences be offended at it , for that it is another thing for consciences to be offended at a thing , and mislike the same , then to be scandalized & fall therby into sinne : for the former may be in perfect men ; yea the more perfect they be , the more are they offended and grieued with euill things , that may scandalize , but the later cannot , as now out of s. thomas hath bene declared . and againe a man may be scandalized and fall into sinne by another mans word , or act that offendeth him not , but rather pleaseth him : as when a yong man by some lasciuious speach , or fact of his companion , should fall into fornication himselfe , he is scandalized therby but not offended . so as m. barlow seemeth to speake exactly in nothing : for neyther doth he translate well the word perfect , vsed by s. thomas , o● perfect men , which are not subiect to scandall , by the words , well instructed and truly sanctified , for that a man may be well instructed , and yet not perfect in maistering his passions , according to the saying of the poet — video meliorae proboque , deteriora sequor : instruction may teach him what he should do , & yet not alwayes make him perfect in doing . how many well instructed protestants , yea ministers haue you in england , who if they should receiue a scandall actiue from one of their ●ellowes by a box on the care , would be so scandalized , as they wo●ld returne him a passiue for requitall ? and yet is not this for lacke of i●struction , but of patience rather , which perfect men h●●● ; and you m. barlow had not , when you gaue the poore fellow , that came to be confirmed , so heauy a blow vnder the care in lincolne church , with which , as i haue bene credibly informed , you felled him to the ground , for no other matter , then because he smiled vpon you . a rare example of bishoply patience , such as i thinke was neuer seene in that church before . neither is euery man truly sanctified , to be reputed for perfect , on whome scandall may not fall , for that a iew , or a gentile newly baptized are truly sanctified , and yet if you should exact workes of perfection at their hands , as patience in aduersities , mortification of their passions & appetites , contempt of the world , stability , and immobility in gods loue and seruice , perhaps you should not find the same . wherfore by perfect men that cannot be scandalized , is signified a far different thing in s. thomas , then well ins●ruct●d or truly sanctified . and it is very fond that m. barlow yet addeth againe , that these well instr●cted and truly sanctified men , can take no offence though giuen neuer so openly , for that no so●t of men are more offended , grieued , and vexed with the open offence of almighty god , t●●n these that are well i●struct●d , and truly sanctified , for that their zeale is greater then of any other , as we see in our sauiour , who beholding the offence giuē to his father , by the abuse of his house , was so offended therat , as that he made a whip to driue thē out : vnto to which the apostle applied those wordes of the prophet : the zeale of thy house hath eaten & consumed me . to which effect also k. dauid said in great feruour : tabescere me se●it zelus me● : quia obliti sunt verba tua inimici mei . my zeale hath made me wither away , and consume : for that my enemies were forgetfull of thy words . and many such other testimonies might be alleadged , to shew that m. barlow vnderstandeth not well what he writeth , nor conceyueth rightly the authours meaning whom he alleadgeth , especially if he be a schoole-doctour , as s. thomas here alleadged is , wherin , as before hath bene noted , he seemeth not to vnderstand the very ordinary tearmes of schoole - diuinity , and much lesse the true substance of things handled by him . i do pretermitt , as very fond and impertinent , the next passage that ensueth ( and is the last in this matter ) in m. barlow his booke , where he maketh this demaund : but what if there be none , or few that make such conscience , or take such offence at the admission of the oath , as he speaketh of ? to this question i say , it is in vaine to answere , for if there be so few , or no catholikes , that make conscience , or scruple to take the oath , the contention will be soone at an end . but presently he contradicteth himselfe againe , taking another medium , and saying , that there would be none , if they were not threatned by vs , to haue their howses ouerturned , as some donatists , sayth he , confessed of themselues , by the witnesse of s. augustine , that they would haue bene catholikes if they had not bene put in feare , ne domus corum eu●rt●r●ntur ( by the circumcellians perhaps ) which m. barlow sayth , may spiritually be applyed to our threatning , that such as take the oath , shall be accompted apostataes , and to haue renounced their first fayth , and to be no members of the catholike church : and finally that we shall remayne branded in euerlasting record with balaams infamy , that taught balaac , to lay a scandall ( or occasion of fall ) to the people of israell . to all which i answere , first , that he that layeth forth the truth of catholike doctrine vnto catholike men , may not iustly be sayd to threaten , or terrify , but to deale sincerely and charitably with them , laying truth before their eyes , what their obligation is to god , before man , and how they are bound as members of his true catholike church , to hould and defend the vnity and integrity of ●ayth , and doctrine deliuered by the same , though it be with neuer so much temporall danger . and as for laying a scandall , wherby they may fall into the ruine of their soules , it is easy to iudge , whether wee do it rather , that teach them to deale sincerely with god and their prince , wherby they shall preserue their peace , and alacrity of conscience ; or you that indeauo●r to induce th●●●● sweare , and doe against the same , whe●eby they shall be sure to leese both their peace in this life , and their euerlasting inheritance in the next . the ansvver to an obiection . by occasion vvherof it is shevved , that possession and prescription are good proofes euer in matters of doctrine . and the contrary is fondly affirmed by m. barlow . chap. v. there remaineth now for the finall end of this first part , to examine an obiection that might be made by the aduersary , which i thought good by ●●ticipation to satisfy in the very last number of the first par● of my letter . and it was , that wheras we complaine of so great pressures layd vpon vs for our conscience , especially by this enforced oath , some man may say● that the li●● course is held in the catholicke states against them● whome we esteeme as heretickes . i shall repeate my owne words , and then see what m. barlow answereth to the same . here if a man should obiect , quo●h i , that among vs also , men are vrged to take oathes , and to abiure ●heir opinions in the tribunalls of inquisitions , and the like , and consequently in this oath they may be forced vnder punishment to abiure the popes temporall authority in dealing with kings : i answere first , that if any hereticke , or other should be forced to ●biure his opinions , with repugnance of conscience , it should be a sinne to the inforcers , if they knew it , or suspected it : neyther is it practised or● permitted in any catholicke court , that eue● i knew . but you will reply , that if he doe it not , he shal be punished by d●ath , or otherwise , as the crime requireth , and canons appoint , and consequently the like may be vsed towards catholikes , that will not renounce their old opinions of the popes authority . but heere is a great difference , for that the catholike church hath ius acquisitum , ancient right ouer heretickes , as her true subiects , ●or that by their baptisme , they were made her subiectes , and left her afterwards● and went out of her ; and she vseth but her ancient manner of proceeding against them , as against all other of their kind and quality from the beginning . but the protestant church of england hath nullum iu● acquisitum vpon catholickes , that were in possession before them , for many hundred yeares , as is euident : neither was there euer any such oath exacted at their hands , by any of their . kings in former catholicke times● neither is t●e●e by any catholicke forraine monarch , now liuing vpon 〈◊〉 and consequently , by no ●e●son or right at all , can english catholicke men , be either forced or pressed to this oath against their conscience , or be punished , be●●●● , or destroyed , if for their conscience they refuse to take t●e same : humbly offering notwithstanding to their soueraigne , to giue him all other dutifull satisfaction , for their temporall obedience and allegiance , which of loyall catholicke subiects may be exacted . and this shall suffice for this first point , concerning the contents and nature of this oath . this was my speach and conclusion then . and now shal we take a vew how it is confuted by m. barlow . first be amplifyeth & exaggerateth with great vehemēcy the torments and tortures of our inquisitions , which are vsed , as he saith , with the most extreme violence , that flesh can indure , or malice inuent : wherin he sayth more i thinke , then he knoweth , and more perhaps then he belieueth , and at leastwise much more then is true in my knowledg . for of twenty that are imprisoned there , not one lightly is touched with torture : and when any is in the case , by law appointed , it is knowne to be more mildly , then commonly in any other tribunall . but let vs leaue this as of least moment , and depending only vpon his asseueration , and my denyall , and let vs passe to that which is of more importance , for iustifying the cause it selfe , to wit , by what right of power and authority , the roman church proceedeth against heretickes , and how different it is from that wherby protestants pretend to be able iustly to proceed against vs for matters of religion . first of all he sayth , that i do take as granted , that the church of rome is the catholike church , which we deny sayth he , and the chiefest learned of their side could as yet neuer conuict our denialls . wherto i answere that if themselues may be iudges , that are most interessed in the controuersie , i do not meruaile , though they neuer yield themselues for conuicted . but if any indifferent iudgment or triall might be admitted , i do not doubt , but that their euiction and cōuiction , would quickly appeare : and many learned men of our dayes haue made most cleare demonstrations therof , by deducing the roman church , doctrine , and fayth , from the apostles dayes , vnto our times successiuely , as namely doctour sanders his booke of ecclesiasticall monarchy , cardinall baronius in the continuation of his annales , g●nebrar● in his chronology , cardinall bellarmine in his controuersies : two speciall bookes also in english , not long agoe especially published about that matter , the three 〈◊〉 of england , and the answer to syr edward cookes reports , where it is shewed , that from age to age , after the apostles , the selfe same church of theirs was continued throughout the world , with acknowledgment of the preheminence , and supremacy of the bishop of rome in the same church ; which course of proofe was held also with the ancient fathers , s. augustine , tertullian , irenaeus , and others , that brought downe the descent of the true catholike church , by the succession of the roman bishops , as heads of the same . m● barlow demaundeth of me , in what sense i take the word catholike , when i suppose the roman church to be the catholicke church ? for if i take it ( sayth he ) for vniuersall , then rome being but a particuler citty , and the true iurisdiction therof , confined within a limited diocesse , or prouince , the roman church cannot be the catholicke or vniuersall church , for that it is but a particular prouince . but if ( sayth he ) i take catholike , for the profession of the true fayth , as s. cyprian doth , calling that church of africa , the catholike church , then cannot the romish church neyther in this sense be the catholik church : for that which the prophet esay said of the iewes church , her gould is mixed with drosse , and she whose fayth was plighted in christ , is become an adultresse , may be sayd also of the roman church of this day , and so cannot be the catholike church &c. which are two such mighty arguments , as well declare the poore mans misery in the defence of his cause . for to the first i would aske m. barlow whether one man may not haue two iurisdictions , or rather one iurisdiction extended differently to two things , one more particuler , the other more generall . as for example , the mayor of london hath his particuler gouerment first and immediatly ouer his owne howse , family , and peculiar lands , and yet besides that , he hath iurisdiction also ouer all the citty . and to make the case more cleare , let vs suppose that he hath both the one & the other from the king● shall it be a good argument to say , that he is gouernor of his owne particuler landes , house , and family , which is knowne to be confined and limited to such a part of the citty , therfore he vsurpeth by stiling himself lord gouernour of the whole citty ? and the like demaund may be made of the kings authority first and imediatly ouer his crowne lands , which is peculiar vnto him , and limited with confines , but yet it impeacheth not his generall authority ouer the whole realme : euen so the bishop of rome hath two relations or references , the one as a seuerall bishop , ouer that people , and so had s. peter who was bishop of the same place , euen as s. iames had of ierusalem , s. iohn of ephesus , and the like : and besids this , he hath an vniuersall superintendency and iurisdiction giuen him ouer all , as head of the rest . so as catholikes doe not deny but that the church of rome , as it maketh a particuler prouince or diocesse , is a member only of the catholicke church , not the whole , though a principall & chiefe member , by the reason of the eminēcy of her pastour , & that the sayd pastour therof is but a member also of the catholik church , but yet the chiefest mēber , wherunto all the rest are subordinate , that is to say the head & guid therof . so as this is poore argument as you see . but the second is more pittifull , if you consider it well : for if we take catholike , sayth he , for the profession of the true faith , as s. cyprian did , when he called the church of africa the catholike church ; then cannot the romish church be the catholike church . and why ? for that her gould is mixed with drosse , as the prophet isay sayd of the iewish church in his tyme. but here are two propositions , an antecedent , and consequent and both of them false . the antecedent is , that as the church of the iewes , in the prophet isay his dayes , being in her corrupt state , was not the true teaching church , in respect of the naughty life vsed therein : so neyther the church of rome in our dayes being full of the same sinnes & bad life , can be the true catholicke church : this antecedent , i say , is most ●uidently false , and impertinent , for that isay the prophet in the place cited , doth not rep●●hend the religion of the iewes , but their life and ●●●ners ; nor doth he so much as name their church or synagoge , or taxe their false teaching . for albeit the wicked king manasses that afterward slew him , did perforce set vp false gods among the iewes : yet did not only he , and other prophets then liuing , to wit oseas , amos , micheas , i●●● , ioel , nahum , habacuc , with the whole church and synagog not admit the same , but resisted also what they might , which is a signe that their faith was pure and good . wherfore isay in this place alleadged , nameth not their church or religion , as hath bene sayd , but expresly nameth the cittie of hierusalem , & wicked liuers therin , saying : q●●modo facta es meretrix , ciuitas fidelis , plena iudicy ? i●st●ia habitauit in ea , nunc autem homicidae . argentum tuum versum 〈◊〉 in scoriam , vinum tuum mixtum aqua . hovv art thou made an harlot , thou faithfull citty , that wert once full of iudgement , and iustice dwelled therin , but now murtherers ? thy siluer is turned into drosse , & thy wine is mixed with water . doth here the prophet speake of factes , think yow , or else of fai●h ? of wicked life , or of false doctrine ? and if it be euident , that he speaketh of manners , as he doth indeed , then how false is the dealing of m. barlow , in bringing it i● for proofe of false teaching , and to conuince , that as the church of the iewes could not be the true catholicke church of that time , in respect of the corrupt māners vsed in her : so cannot the church of rome at this day , for the selfe same cause be the true church ? but i would demande of m. barlow , what other knowne church had god in those dayes wherin a man might find true doctrine , besides that of the iewes , which , he sayeth , was not the true church ? will he say perhaps of the gentills ? but they liued all in idolatry . and if a gētile would in those daies haue left his idolatry in the time of isay the prophet , and haue desired to haue bene mad● one of the people of god by true instruction , whither could he haue gone for the same , but only to the iewish church ? and whither would isay haue sent him , but to the gouernours thereof ? both false and impious then , is this antecedent about the iewes church , but much more the consequent that would draw in the roman christian church by this example , which hath no similitude or connection at all . for neither can he proue that it hath such corruption in it , either in life , or doctrine , as he pretendeth : nor if it had in life , doth it preiudice the truth of doctrine , as by the testimony of our sauiours owne wordes wee remaine assured . these two obiections then , that the roman church for that she hath a determinate prouince , as also for that shee hath sundry euill liuers in her , are shewed to bee of no force at all . not the later , for that euill manners may stand with true doctrine : not the first , for that wee doe not say the roman church is the whole catholick church but a chiefe member thereof , as hath bene sayd : whereby also will appeare what wee meane by the name of the catholicke church , to wit , that visible vniuersall church , which being erected and founded by christ our sauiour , when he was vpon earth , hath continued euer since and descended visibly from age to age , by succession of bishops throughout all christendome vnto our times , and shall so continue vnto the worldes end : by which description may appeare also how vaine another obiection is of m. barlow , in these wordes : if vincentius rule be true , that that only is to be accounted catholicke doctrine , quod semper , vbique , & ab omnibus creditum est , neyther shall rome be proued catholicke , nor england hereticke : when any of these is soundly determined , then let him plead her ius acquisitum . vvhereto i answere , that the rule of vincentius is verified , by that which i haue sayd before , of the nature of the catholicke church , to wit , that it began vnder christ , and hath descended from age to age , and so shee teacheth , quod semper creditum est . and for that she hath imbraced all nations , she teacheth quod vbique , in respect of place : and for that shee hath vnion of doctrine , shee teacheth quod ab omnibus creditum est . for albeit there h●●● not wanted hereticks from time to time , that haue de●ised particuler doctrines , and erected particuler congregations : yet were they nothing in respect of the vniuersall consent of those of the catholike church , whose i●● acquisitum , or ancient right and power , vpon all heretickes for theyr correction and punishment , i sayd , was manifest , for that by baptisme they were made her subiectes . vnto which point m. barlow would seeme now to say somewhat , though neuer so impertinent : therefore he telleth vs a tale of an indument , and a stripping to be considered in baptisme , vnder the wordes , credo , and abre●●●●i● , and that neyther the spirituall mystery , nor the prescribed forme , nor intended effect of baptisme doe make him and his liable to rome . whereunto i answere , that the whole action in that sacrament without so many diuisions and subdiuisions , as here he maketh to obscure the matter , doth make him and all other christians liable to the catholike church . for that euery man that is baptized , as he is made a member and seruant of christ therby , and entreth into his church , as by the first dore ; soe is he made a subiect to the sayd church , and is liable to her correction , if he should renounce , change , or peruert that fayth , which there he professeth as a child of the sayd church . and all this i thinke m. barlow will not deny : but onely his question may be of such as are baptized out of the catholike church , by some hereticall congregation ; yet notwithstanding the matter is cleare , for that such baptisme houlding only so far forth as they haue intention to doe that in their baptisme , which the true catholicke church doth , and vse the forme of wordes which the sayd church prescribeth , to wit , i baptize thee in the name of the father● 〈◊〉 the sonne , and of the holy ghost , for that otherwise if either of these conditions , to wit , eyther the forme , or the intention of the catholike church doe faile , the baptisme is not auaylable : it is euident , i say , that such as are so baptized out of the church , are liable notwithstanding to the same , for any offence that they shall commit against the fayth of the sayd catholike church ; for so much as their baptisme had relation to this church , as is now declared . and albeit they be departed from the same , eyther by their own wilfulnes , or other men● inducemēts : yet remaineth stil that obligation of subiectiō . which superiority o● the catholik church practized frō time to time vpon heretiks , and schismatikes , that haue gone forth from her ( which the aduersary will also graunt for sundry ages after christ ) cānot be pretended by the protestant church vpō catholiks : for that we went not out of them , but they out of vs , which in england is most perspicuous . for that since our first conuersion by s. augustine the monke to christian religion , it cannot be sayd with any shew of probability , that euer there was a protestant church extāt● and visible , or publickly receyued in our country , as the roman hath bene : and consequently wee english catholikes cannot be said to haue gone out of them , but they out of vs : and soe by their baptisme and admission to christianity , they are liable to the roman catholike church , in matters of religion ; & not the roman church to them . but now besids this reason of obligation by baptisme , i do alledge another of former possession and prescription , whereby the english catholike church hath had , & exercised this power of punishing sectaries frō time to time : wherunto m. barlow answereth in a strange manner . possession , saith he , for hould , and prescription for time , may be pleas in ciuill courtes ; but not sound arguments in case of religion . which is so absurd an answere , as nothing could more shew & declare , that he had nothing to say , then this . for if wee suppose that to be true which christ our sauiour affirmeth in the ghospell that the good corne was first soone , & that the darnell was ouer sprinckled afterwardes , and that truth of christian religion was first planted by our sa●iour , & heresies afterward sprong vp , then are the antiquity of possession , and the plea of prescription very excellent good argumēts to conuince all hereticks : for that the former must need● be true , and the later must needs be false . for which cause old tertullian writing in the second age after christ against hereticks , thought good to intitle his book , de praescripti●●●bu● , of prescriptiōs , shewing therby , that heretiks are by no way so euidently conuinced , as by prescription & priority of time . and first of all he giueth this generall rule by allusion to our sauiours words before repeated , of good corne and darnell : ex ipso ordine manifestatur id esse dominicum & rerum , quod est prius traditum : id autem extraneum & ●alsum , quod est posteri●s immiss●m . by the order it selfe of sowing the corn & darnell● it is made manifest , that to be true and pertayning to our lord which was first deliuered , and that to be false and forreyne , which is thrust in afterward . and then passing to examine particuler heresies , and beginning with them that pretended to be of greatest antiquity , yea from the apostles times themselues , he giueth also a prescription how to try them . if any heresies ( saith he ) dare presume to thrust themselues into the apostles age , edant origines ecclesiarum suarum , euoluant ordines episcoporum , let them publish the beginninges of their churches , and let them lay forth the order & successiō of their bishops . and with this he thought their mouthes stopt . and yet in another place he canua●eth thē againe with the same prescription , saying : qui estis vos ? vnde , & quando venistis ? vbi tam diu latuistis ? vvhat are you ? whence , and when came you ? and where haue you lurked so long ? signifying herby that the priority of time was a great argument against them . and furthermore he disputing against marcion the hereticke , hath these wordes : ego dico meum euangelium verum , marcion suum &c. i say that my ghospell is true , and marcio● faith his : i do affirme marcion to haue falsified , and marcion sayth i haue done it : who shal determine the matter between vs , but the difference of time , that will giue authority to that which shal be found to be most ancient , and pronounce that to be corrupted which shal be proued to be the later ? so as here supposing that which before we haue touched , that catholick doctrine was planted first , before any heresy sprang vp , by the prescription of time , is not only a sound argument in case of religion ( which fondly m. barlow denieth ) but a conuincent demonstration also of truth ; and to that effect vsed commonly by all fathers , that wrote against hereticks after tertullian . tardè mihi ( saith ancient hilarius against the arians ) hos pijssimos doctores ●ta● nunc huiu● saeculi protulit , s●r● h●s habui● fides mea magistros . too late hath this present age brought ●orth these pious doctours ( he speaketh in scorne ) too late are they come to be maisters of my faith . and s. hierome writing against the luci●erian hereticks , vseth the same argument : ex h●c ipso ( saith he ) qu●d posteriùs instituti sunt , ●os ess● indica●t ●●os ●uturos apostolus annunci●●i● . euen by this it ●el●e , that luci●erans haue risen vp later , they shew thēselues to be those deceyuing hereticks , of whome the apostle doth forwarn vs , and bid vs take heed of . and the same s. hierom talking to an heretick , saith : cur post quadringentos annos d●cere ●os ●iteris , quod ante nesciuimus ? vsque ad hunc diem ●ine vestra doctrina christianus mundus fuit . wherefore after foure hundred years , dost thou go about to teach vs that which before we knew not ? euen vntil this day the christian world hath endu●ed without this your doctrine . and to this effect i might alleadge the saying of many other fathers , who vse this argument of prescription of time as a principall demonstration against hereticks and heresies . but let vs heare the reasons alleaged by m. barlow , why possession for hould ( for so are his wordes ) and prescription for time may be pleas in ciuill courtes , but no sound arguments in case of religion . for the first , sayth he , may be clayme by intrusion , which is their case that plead for rome , & the other may be antiquity of error , for so is prescription without verity : therefore when truth appeares , let custome yeld to truth , was the conclusion of a councell . so he . and citeth in the margent concil . carthag . apud cyprian . but he that shall read that councell of carthage in s. cyprian , shall find first that these wordes are not a conclusiō of a councell , but the saying of one bishop in that councell , to wit zozimus of tarassa : and secondly m. barlow wel knoweth , or should know , that , that councell or synod was reiected after by a● the catholik christian world , for tha● it was gathered in fauour of rebaptization of heretiks that were baptized in heresie , as may appeare largely in s. a●gustine in his booke against the donatists , where he setteth downe the sentences of diuers of that councell , and among other one of zozimus , which he sayth was this : so it appeareth also in s. cyprian : reuelatione facta veritatis , 〈◊〉 error veritati , when the truth is reueyled , let error yeild to truth . vpon which wordes s. augustine maketh this note , noluit quide● iste dicere consuetudinem , sed errorem . this bishop would not say that custome s●ould yield , but error . and yet m. barlow against the testimony of them both would needes relate it otherwise , let custome yeeld to truth , and say it was the conclusion of a councell , which was neyther of the councel , nor any in the councell ; for that sometims custome conteyneth truth it selfe , and giueth testimony to truth , and wee know it to be truth by tradition of custome : so as the ancient fathers went warily herein , & not so rashly against all kind of custome , as m. barlow & his fellowes and followers doe . but perhaps he will alledge out of m. morton & other his fellow-writers , the saying of s. cyprian himselfe in his epistle ad pompeium : consuetudo sine veritate , vetustas erroris est , custome without truth , is antiquity of error : which all men will grant , but maketh nothing to our case . for wee suppose true religion to haue bene planted first by christ & afterward heresie to haue risen : which supposall being true , the argument of the fathers before mentioned is most effectuall . we were before you in christian religion and you rose vp after vs , professing a different faith from vs : ergo , our religion is catholike , and yours heresy . for that this is to be accounted catholike doctrine , as m. barlow before alledgeth himselfe out of vincentius , quod semper creditum est , that alwaies hath bene beleiued since the beginning of christianity ; and soe that which is most ancient is truest . and where m. barlow sayth , that possession may be a claime by intrusion , it may be indeed in temporall possession , but not in this our case , especially when it is ioyned with prescription from antiquity . for supposing that the true catholike religion was first put in possession by our sauiour , and his apostles , as hath bene sayd , and that it can be proued that this possession hath beene continued by prescription , time out of mind , euen from the beginning , as we offer to proue : & that on the contrary side no knowne interruption can be shewed of this possessiō , eyther by intrusion or other wise , as m. barlow cannot proue that there hath bene , nor doth he go about to proue it , though he blush not to say it ; possession in this case togeather with prescription doth euince the verity of our cause . and for the saying of s. cyprian , that custome without verity is the antiquity of errour , though in it selfe it be true , yet doth s. augustine tell vs , that it was ill applied by s. cyprian , again●t the custome of the church in his dayes , for not rebaptizing heretikes , when himselfe was in that errour , that they ought to be rebaptized , & the catholikes vrged the force of custome , and antiquity against him . but yet otherwise when he was out of that necessity of defending an errour , himselfe sayth , he did not only allow of custome , but also did often vrge the custome , and traditiō of the church for very good arguments , and proueth many catholicke doctrines therby , as the necessity of chrisme or vnction , lib. . epist. . the offering of wine togeather with water in the sacrifice , lib. . epist. . saying that it is dominica ●r●di●io , a tradition of our lord , and other like poynts of christian religion , which he proueth by the like force of tradition , antiquity , and prescription , wherof i haue treated more largely in my booke against m. morton , shewing the same more aboundantly out of s. augustine : and that both s. augustine and s. cyprian are in this poynt and many others abused by him . and so now to returne to our argument of possession and prescription , and to end also with the same this first part of our answ●re , i say , that possession and pr●scription● 〈…〉 hath bene declared , the cause of m. barlow is vtterly o●erthrowne , for that he wil be neuer able to prooue , eyther intrusiō in our possession , or errour in our antiquity ; which for a finall vpshot to the reader in this behalfe , i shall demonstrate by this ensuing reason . if euer the protestant● church or religion were receyued publikely in christendome , from christs time downward vnto ours , that is to say , in any one or more ages , and was that first visible church that was founded by christ , into which m. barlow sayth , that we entred afterward by intrusion and fi●●●orce , and so possessed christendome , in such sort as for many ages the said protestant church appeared not publikely , vntill these our dayes , i would demaund of m. barlow , whether this his church so put to flight from the eies of christendome , did perish , or lay hidden only . for if it perished , then the true church of christ perished , and the promises made by him , were not performed , that he wo●ld be with the same vnto the end of the world : that the gates of hell should not preuaile against it : for that in this case , the sayd hell should haue preuailed . moreouer i would demaund , if she once perished how could she be raised to life againe ? in which case s. augustine writing against the donatists , saith thus : si peri●t ecclesia , vnde ergo donatus apparuit ? dic de qua terra germinauit ? de quo mari emersit ? de quo caelo cecidit ? if the true church did perish , from whence is donatus come vnto vs ? out of what groūd is he sprong ? out of what sea hath he peept ? from what heauen is he fallen ? which s. augustin● saith , for that if the true church were perished before donatus was borne , in what church was he borne , and how came he into the true church , that now he braggeth of ? and how did that church rise from death to life againe ! but if m. barlow will say , that the protestant church which flourished in , and after the apostles times , did not perish , but fled only into the wildernes , and lay hidden , being spread visibly before ouer all the whole world ( for so he must say , if she were the catholike church : ) then would i demaund him , whether this church being thus in exile , and couert , but yet liuing , did make profession of her fayth or not , and if she made profession therof , as she was bound , for that as s. paul sayth to the romans , ore 〈…〉 a● salutem ; confession of our faith is necessary to our saluation : then by this confession she must needs make her selfe knowne , as martyrs , and confessours did in time of persecution , and then she cannot be sayd to haue layen hidden , and couert from the sight of the world , no more then the christian church lay hidden in the time of persecution , in rome , and other places , when men and women lay in caues vnder ground , but yet the confession of their fayth appeared vnto the whole world : and no more then the catholike religion may be sayd to ly hidden now at this day in england , when all christendome can be witnes of their confession of the catholike fayth : which point i thinke m. barlow doth not take vpon him to proue of the protestants confession in ancient ages . yf then he will say , that the sayd church lay altogeather hidden indeed , without any publicke confession of their fayth : then must he confesse that the state and condition of this church which was the only true church which christ had vpō earth , & of whose exceeding glory the prophets did foretell so many wonderfull things , was more miserable then any least sect of heretickes that euer was ; ye● then the church of the iewes themselues in any of theyr captiuities ; for that still they confessed their religion , and euery sect did the like in their times , and had some meeting or congregation & exercises of their religion , registred by some authors , which the protestant church of this our age cānot proue to haue had visibly in the world , and dstinct from other people in any age before ours . and this demonstration is sufficient to conuince the vanity of m. barlow his assertion , that possessio● and prescription for time , are no good arguments in case of religion . the last point which he toucheth , as he passeth it ouer very sleigtly , so shall i as briefly answer the same . i sayd in my letter that among other considerations , this was one very considerable , that there was neuer any such oath as this is , exacted at the hands of catholicke subiects , either by any of their owne kings , or princes at home in former cat●olick times : ●or yet by any ●orraine king , or monarch now liuing vpon earth . whereunto i may also adde , if i be not deceiued , all protestant princes in other countries , of whome i neuer heard or read , tha● they odered such oathes to their subiects that were of different opinion in religion : all which m. barlow in effect confessing , or not contradicting , sayth : if other princes 〈◊〉 not the like , we iudge them not : perhaps it is in some of them an infused persuasion , that it is not lawfull : in others peraduenture it is a violent restraint , yea gladly they would , but cannot be suffered . where you see that all his answers goeth by i●s and ands , perhaps and peraduentures , and yet is the matter of moment , and sequele , if it be well pondered , to take a course of extraordinary rigour , different from all other christian princes besides . it is not the parasiticall flattery of a few ministers at home , respecting their owne trenchers , will worke the state so much honour & security , as the generall mislikes and murmurations abroad , may worke the contrary in time . he sayth , that his maiesty wanted not a motiue to take this course , for that the pope was not so insolently busy with any nation , as of late with his maiesty , and his kingdome . he addeth further , that if it had not bene for him , our gracious king might haue enioyed a peace more continuall and happy , then salomon or augustus . but i would aske him out of passion , if euer he be voyd therof , as by report he is very seldome , what insolencie hath this pope shewed in being busy , as he calleth it , with his maiesties person , state , or realme ? for as for his person he hath alwayes honoured the same , both before he was pope and after , wherof many euident testimonies might be alleadged : and for his state and kingdome , while he was in scotland , neyther he , nor his predecessours did go about to trouble the same , in almost fourty yeares , while he reygned there : all troubles came from protestants and their ministers . and when his maiesty was called into england , the pope that then was , by this mans counsaile principally , as it may be presumed , for that he was protectour of scotland , wrote to the catholickes to further their obedience towards him . he neuer medled in any thing , vntill this oath so preiudiciall vnto his authority , and vnto the consciences of catholikes was proposed and vrged . and as for the peace here named , more continuall & happy then that of salomon or augustus , which m. barlow sayth might be enioyed by his maiestie , with his subiects , if the pope were not : it is well , that he will so much as name peace , who seemeth in all his speaches , to sow the seeds of warres , hatred , and contention . but if his mind were to peace indeed , he cannot be so simple , but to see , that the rigorous and afflictiue courses vsed , and this , as all men take it , by the instigation of those of his coate and order , cannot be meanes to peace of mindes , howsoeuer otherwise they liue in externall quietnes and deuoyd of tumults . and this is all , that for the present i haue to write in this matter . the end of the first part. the second part , about the breues of paulus quintus . concerning m. barlovve his exorbitant flattery in exaggerating queene elizabeths vertues , and sanctity . chap. i. ovr purpose then , being as now we haue declared , to touch some principal points only , handled by m. barlow in this second and third part of his answere , we shall begin with the point he most standeth vpon , dilating himself for twenty leaues togeather cōcerning queene elizabeth her raigne , life , and death , as an argument very plausible in his opinion , and capable not only of his rayling eloquence , and odious amplifications , but of all grosse and abiect flattery in like manner ; togeather with some hopes of other gaines also that way , wherunto it seemeth that the poore man hath his tongue and pen most ready to the sale at all turnes and occasions offered . but it may be before we end this conference , his market may be more then halfe marred in the iudgment , at least of disappassionate men , & especially with his most excellēt maiesty , whome aboue all other he seeketh to gull in this matter , turning all vpon him , which i both spake and meant to a minister of m. barlowes owne ranke : & so i disclaime from the calumnious imputation , that it concerneth any way his highnesse , and shall answere all in the same sense which i then wrote , and meant the same ; reseruing all dutyfull and respectiue reference to his maiesties person and iudgment , as bounden duty obligeth me . first then occasion being offered , or rather necessity imposed to speake of queene elizabeth : for that albeit the pope had not so much as named her in any of his two breues , yet had the apologer brought in her mentiō with many high praises , for disgrasing of catholickes , and their cause , and for scorne to the pope , as though he had without cause pittyed and mourned their afflictions vnder her , which he saith was none at all , for that to his own knowledge she neuer punished any papist for religion . for these causes , i say , i was forced in my letter , to say somewhat to this assertiue proposition , wherunto the tribulations , afflictions , calamities , spoiles , exiles , and bloud of so many shed by her , did manifestly in the eyes and eares of al men and women that haue liued in our dayes , contradict and reclaime . and yet did i resolue to do the same as mildly and sparingly as i might , answering only the wordes of the apologie , and abstayning purposely from al bitternesse of speach , so far as the iust defence of the cause permitted , and so shall continue 〈…〉 barlowes most intemperate prouocation to the contrary . vvhereas then in reciting the wordes of the apologer , i mentioned these : hauing , sayth he , sacrificed , as i may say , to the manes of my defunct soueraigne , as well for the discharge of my particuler dutie , as loue of veritie , i must now performe my d●ty also to his maiestie present &c. vpon which wordes i noted that the phrase of sacrificing to the queenes manes , or ghostes , seemed to me very profane , as proper to the pagan sacrifices , vsed to those infernall spirits which they called gods , & hurtful gods , & therfore endeauored to please them with sacrifices . my words & discourse were these . but as for his heathen profane sacrificing to the manes or hob-goblins of his late lady , i confesse it is an office fitter for a protestant-minister , that thinketh it vnlawfull to pray for her soule , to deale with her manes , or infernall spirites , then with celestiall , by praying for her to saints . but would god these manes might now haue licēce to appeare , and talke which him , and relate what passeth with her , after all this ioylity , and ruffe in this world ; i doubt not but they would coole his excessiue vaine of flattering vanity . for if all the old platforme of saints liues , prescribed in scriptures , and practised by the seruants of god , were not erroneous and vaine , as much fasting , continual prayer , daily mortification , frequent recollection , diligent chastisement of theyr bodies , humble & feruent deuotion , labouring and working theyr saluation in feare and trembling , aboundant almes-deedes , haire-cloth and ashes , contrition , sorrow and sobbing for their sinnes : yf these things ( i say ) were the ancient wayes to life , and euerlasting saluation : then must the pathes of queene elizabeth , which are knowne by most men , to haue bene eyther wholy different , or most opposite to these , led to another opposite end , quia vnusquisque recipiet secundum opera s●● . euery one shall receiue according to his , or her works : and the sentence of the apostle is cleare & resolute : si secundum carnem vixeritis , moriemini ; si facta carnis spiritu mortificaueritis vi●etis : if you liue according to the flesh you shall die ; but if you shall mortify by spirit the workes of the flesh , you shall liue , that is , to life euerlasting . about these words of mine m. barlow taketh occasion to make very large discourses , and to dilate himselfe in three or foure points ●xceedingly . first in the excessiue prayses of the queene ; then in superlatiue raylinges against me ; thirdly in iustifying the phrase of sacrificing to the dead queens ghost ; & fourthly in setting out her frequent mortifications , that she vsed : but yet in such sort , as he well sheweth , not only not to feele what mortification is in it selfe , but neither to vnderstand what he saith , nor wherof he affirmeth . in the first point of queene elizabeths praises he straineth his eloquēce or rather loquence to the vttermost , as though neyther the earth whilst shee was here , nor scarce heauē where now he assureth vs she is , were worthy of her : shee was a daughter of the bloud royall , sayth he , borne to the crowne , in the prophetes wordes , from the birth , from the wombe , from the conception , a princesse aduanced to the crowne in apparen● right , and by vncontrolable succession &c. thus he sayth , and yet doth the world know what store of controuersies was about that succession , and lawfullnes thereof , and they are extant in theyr owne statutes yet in print ; so as this man talketh that which he thinketh to be most acceptable , and fit for his presēt purpose of adulation more then what he findeth written or registred , or belieueth himselfe for that matter ; and such as know the man , and his constitution , are of opinion , that if his maiestie that now is , had come into england with that minde , which his noble mother and her husband the king of france are knowne once to haue had , to claime & iustify her title , presently after the death of queene mary ( for so doth doctor sanders t●stifie that they had that minde , and began to put the armes of england vpon all the sayd queen● plate , but that by the peace made , & calis released vnto thē for the same , they were pacified for that time ) it is to be presumed that his maiestie if he had preuayled in his pretence , that he should haue found no one man more fit or readie in england , or scotland , to haue gon vp to paules crosse , or to any other place else , to iustifie his maiesties mothers pretence , against queene elizabeth , or to disgrace her whome now he extolleth so much , euen in this point of legitimation , from the belly , from the wombe , from the conception , by apparent right , incontrolable succession , and the like . but now the wind bloweth another way , and he followeth the blast , and turneth his sayles according to the weather : let vs then heare him out further . she was ( sayth he ) an imperiall monarch , a famous empresse , or rather the very empresse of ●ame , blazoned out , not by home-bred fauourites , but by forraine trauailers , and writers , before and since her death , yea , ●uen by her enemies , both for religion , and warre , to be in her time , and for her sexe , the starre of soueraignty , the mirrour of principality , a terrour to her enemies , the loadstone of maiesty , drawing vnto her both embassadours christian , and not christian , only for enterview , and salutation , but in truth for view , and admiration : for when they had satisfied themselues with her sight ( and hardly could they be satisfied ) what saba's queene once sayd of king salomon , they all concluded of her , that which o●ten falls not out , sayth the orator , their eyes had ouercome their eares , and truth had out-strip● fame , report was lesse then verity , and her renowne was far short of her desert . thus far our oratour . and doth he not seeme to speake well for his fee ? but yet whē he telleth vs how his famous empresse or empresse of fame , is blazoned not only at home , but abroad by forraine writers , he will not forget i hope to remember , that shee is blazoned by many of them in farre other colours then heere he painteth her out : and this partly in respect of her hard measure towards catholikes , whose religion shee professed vnder queene mary , and made many fayre promises of continuance therin ; for the breach wherof , and contrary proceeding afterward when she came to the crowne , she susteyned so hard a conceipt and bad opinion of all forrayne princes , people , & kingdomes catholik , as the memory perhapes of no one christian prince or princesse that euer liued , is more vngratefull and odious to them . and this is the very truth notwithstanding all this parasiticall flattery of the minister : which i speake as god knoweth with great compassion towards her , and our countrey , for her sake , and not with any humor of reuenge , insultation , or exprobratiō against her . the histories are extant , their speaches and iudgements are knowne to such as doe trauaile forreine countreys , and with indifferency and attention doe marke what passeth among them . but yet this man sitting at home in his warme chāber , goeth further in his exaltations of her : and to pretermit many , as ouerlong for this place , he sayth , that all her actions , being royally vertuous , vertuously religious , and religiously wise ; her wisedome seasoned her religion , her religion sanctified her policyes , her polices graced her descent , all of them togeather wrought her immortality , and her immortality is accompayned with renowne vpon earth , and reward in heauen . so he , and much more , which i pretermit as idle froath of a flattering tongue , who taketh vpon him also to canonize her with the terme of eternized saynt , and affirmeth resolutely , that shee neuer blemi●hed her s●l●e with vice criminall , or continued , for soe are his words . and what he meaneth by continued , i know not , exept he meaneth as the word importeth , that she continued not from vice to vice without interruption , which had bene horrible to haue done ( if not impossible ) or had perseuered continually in one and the selfe same vice criminall , which had bene as bad if not worse . he auoucheth further of her , that shee neuer in her life committed hellish crime ; wherby i suppose , he meaneth mortall sinne , for that the payne & punishmēt therof is hell , according to s. paules doctrine , and then i confesse that this were to be accompted an extraordinary sanctity indeed , that a woman brought vp in such liberty , for so many yeares togeather , in so corrupt a time ( who as m. barlow here telleth vs , was no cloystred-nun , but a queene that liued in all prosperity in the midest of all temptations and allurements , both of sathan , the flesh , and the world ) should neuer commit so much as one mortall sinne . but i would aske m. barlow , how he commeth to know this secret ? did he euer heare her confession ? for if he did , he might with far better conscience vtter her vertues knowne thereby , to her prayse , and to the edification of others , then he did the earle of essex his vices , to his infamy , and other mens scandall . but i for my part doe thinke , that albeit queene elizabeth went often to confession in queene maries dayes , yet from that time to her death , which was more then forty yeares , she neuer tooke the benefit of that sacrament ; in which long time wee may wel imagine what store of dust a house much frequented would haue gathered , that had neuer bene swep● in so long a space . and albeit shee had had , both grace , wil , and time to cōfesse her sins , yet do i belieue that she would neuer haue chosen m. barlow for her confessour , and ghostly father ; and consequently all that he talketh here of her vices criminall , and not continued , and of hellish crimes neuer committed , is spoken without booke , vpon no greater ground , then that he listeth to say and write so of her . and this shall serue for the first point , concerning his excessiue prayses of queene elizabeth , though we shall haue occasiō to handle somewhat therof againe in the fourth point about her mortifications . touching the second point then of impotent and exorbitant railing ; albeit much were to be sayd ; yet doe i not meane to loose time in the repeating thereof , or iniurie the eares of graue and modest men with hearing such contemptible matter : it is reuenge inough for me to vnderstand by diuers wayes , as i doe , that his owne friends doe condemne him , and thinke contemptuously of him , for entring into such an odious kind of writing . and for other that are different from him in religion , though they thinke him not worthy of any answere , that taketh such a course ; yet haue i thought good for this once to bestow so much paynes as to runne his booke ouer , and to returne him answere to other points , though not to this , but yet so , as by those other points which i handle , the mans spirit may be so well knowne , as none will meruayle that he tooke so dishonest and impudent a course of virulēt rayling . as for the third poynt of sacrificing to the manes or ghostes of the dead queene elizabeth , true it is , that supposing my selfe to haue to do with a minister , that vsed the phrase , in the case he did , i noted it as heathenish and prophane , in respect of both words , to wit sacrificing to ghost , especially infernall , himselfe being enemie to all christian sacrifice , or prayers for soules christianly departed , or intercession to be made for them to saints in heauen , that are supernall ghosts , and not infernall . by which occasion m. barlow taketh matter to dilate himselfe much ( as he doth willingly when he findeth any thing to talke of , though neuer so impertinent ) to proue that this phrase of sacrificing to dead ghosts , though it were proper to the gentiles and pagans , may also be vsed of christians in a good sense : especially , sayth he , it being vsed by his maiesty , as a borrowed phrase , and vttered with a deprecatory parenthesis , as it were in modesty , asking leaue for the passage therof , secretly therby insinuating , that otherwise , it was that which among the rhetoritians is called audax metaphora , a bould metaphore . wherunto i answere , that with all these circumstāces i see no difficulty , but that the phrase may be vsed , especially by audax metaphora , and by so great a prince , whose licence in speach good reason alloweth to be larger then other men : nor had i euer put difficulty in the phrase , if i had knowne it to haue come from his maiestie . but for a minister to be so bould in his audacious metaphors , seemed not so tollerable : so as in the thing it selfe , supposing the former qualifications , i haue no further controuersie . but yet i must note , that the arguments scraped togeather by m. barlow , for allowance of the phrase , are nothing worth at all . for that first the testimonies here quoted by him , though at randome , of s. hierome , s. augustine & s. basill , affirming that we may vse the learning of the gentiles to the aduancement of christian religion , as the israelites did the spoyles of the aegyptians , are to be vnderstood of such poynts of their learning , as may piously be applyed to our vse , to wit their morall doctrine , histories , philosophy , examples , sentences , comparisons and the like , but yet do not allow that we should vse the peculiar phrases of their idolatrous worship , about the mysteries of our christian religion , as certaine new prophane companions of our age haue done , i meane castalio and others , calling god , iupiter , and our b. lady diana , and the like . nor doe the other examples alleadged by m. barlow for proofe and allowance of any such prophane vse , mak● anything to the matter in hand , and consequently they are brought in by him to no purpose at all , but to spend time and paper without vtility . for what maketh it to our purpose if s. luke in the narration of s. paules nauigation to rome , doe say that the ship of alexandria wherin he went had for his badge the signe of ●astor and pollux , the children of iupiter , according to the fables of gentilitie ? or what if s. peter in his secōd epistle speaking of the damnatiō of the wicked angels , do name these chaines of darknes wherwith they are bound in hel ; which words of chaines & hell , are to be found in poets ? is this a sufficient proofe that pagan phrases concerning matters of religion may be vsed also in our diuinity ? i pretermit his idle bringing in of s. paul , that vsed halfe a verse of aratus , a heathen poet , when he spake in the councell house of the areopagus in athens ; as also nazianzen & origen , for vsing the two prouerbs orci galea & plutonis cassis , for that these things are lawfull , as before we haue sayd , nor haue they any similitude at all with the phrase in controuersie of sacrificing to queene elizabeths manes , for that this being heathenish in the sense of both words , to wit , of sacrificing , and of in●ernall spirits , and applied by the authour of the apologie , to the christian duty to be performed to a christian soule deceased , conteyneth much more in it , then those other poeticall words , vsed to no such end , by the christian authours . nor is that worth the answering , which is brought in out of the epistle of iustus baronius , not long since conuerted from caluins sect , to the catholike church , where recounting his iourney through millayn● he sayth , that amōgst other reliques , they were brought to see the shrine where the manes ambrosij iunioris borrh●maei were conteyned , that is to say , the memory and reliques of the yonger ambrose , to wit cardinall borrh●maeus , which m. barlow thinketh to be a great testimony against me : but indeed is none at all . for nowsoeuer this man newly conuerted from being a protestant , did vse also some part of m. barl●●●s audax metaphora , which he very well approueth , and that this word manes , being vsed alone may metaphorically haue some such sense , as the reliques or memory of men departed : yet did he not vse the whole phrase of parent are man●a● , to sacrifice vnto the manes of any body departed , whic● is not vsed or permitted in catholike religion , to sacrifice vnto the reliques or memory of any man dead , but only to offer sacrifice to god for them , if they stand i● need therof . and thus much for this . abovt qveene elizabeth her mortifications . and of the nature of that vertue . §. ii. there remaineth the fourth point cōcerning queene elizabeths mortifications , and pe●nances voluntarily ●aken here in this life : wherof i said by iust occasion giuen , that if the old platforme of saints liues prescribed in scriptures , and practised by the seruants of god , were not erroneous and vayne , as much fasting , continuall prayer , dayly mortification , frequent recollection , diligent chasticement of their bodies , aboundant almes-deeds , haire-cloath , and ashes , and the like : if these things i say , were anciently accounted viae vitae , wayes to life , as often and highly commended in the scriptures by the holy ghost , and practised from time to time in the liues of the holiest men in the christian church ; then sayd i , must the wayes and paths of queene elizabeths life which are knowne to be far different from these , be very dangerous , and the end and successe thereof not so assured of glory , as her flatterers both promised her in her life , and now will needs after her death , beare men downe that it is performed . to this m. barlow answereth in diuers sorts : first out of the epistle of s. paul to the romans , vvhat art thou that iudgest another mans seruant , for somuch as to his lord he standeth or f●lleth ? but this place is manifestly abused by m. barlow , as are commonly all other scriptures alleadged by him . for s. paul speaketh in this place of indifferent things , as of eating and drinking , in which a man may not condemne rashly another , qui n●n manducat , manducantem non iudicet , he that eateth not , let him not iudge him that eateth . but touching our cause in hand , let him read the sentence of the fame apostle to timothy , both clearly and resolutely set downe , querundam hominum peccata manisesta sunt , praecedentia ad iudicium : quosdam antem subsequuntur . similiter & bona facta manisesta sunt , & quae aliter se habent , abscondi non p●ssunt . the ●innes of some men are manifest going before thē to iudgment : but in some other they follow . and so in like manner good workes are manifest , and those that be otherwise cannot be hidden . wherby it is manifest in some cases , that a man may iudge , or at least wise haue a probable coniecture ( for almighty god may alter in secret what to his diuine wisedome and mercy shall seeme good ) what end a christian is like to ariue vnto , by the wayes wherin he walketh . and s. paul himselfe doth set downe sundry particulars in diuers places of his epistles , in which he sayth that christians shall not be saued . so as this kind of iudgement is not wholy forbidden , but rash iudgment only . secondly then m. barlowe commeth to lay hand on another answere , saying , that fasting with a sower countenance , prayer in open places , dole of almes with proclamations , are ensignes of hypocrites in our sauiours iudgment . wherto i reply that these are but the abuses of good things , which abuse the seruants of god flying , do retayne the good vse . thirdly sayth hee , ( for he deuideth his proofes into sundry heads , and all not worth a rush ) such outward habits of mortification as iesuits terme , of wearing of heare-cloth , and the like , might argue achab. who went barefoote in hayre-cloth and a●●es , to be a mortified creature , as well as the seuerest sel●e chastising iesuite of you all . so he . and this only example is sufficient to shew , both the mans spirit , and wit. his spirit in contēning and ●esting at that which god himselfe did so highly esteeme , his wit , that he seeth not what maketh for him , or ag●inst him . as for the iesuits , their doctrine is , that all these externall mortifications are only so far forth gra●eful and acceptable to god , as they do proceed from the internall mortification of the mind , and sorrow for their sins , and not otherwise . and that this externall mortification of achab did so proceed , is euident by the very wordes of scripture , alleadged by m. barlow , which are these : vvhen achab had heard the speaches of the prophet elias , he rent his garmēts , & couered his flesh with haire-cloth and ●asted , & sl●pt in sakcloth and walked with his head bowed douneward . and the word of god was made vnto elias , saying , hast thou not seene achab humilia●ed before me ? for so much then , as he hath humbled himselfe ●or my cause , i will not bring the euill vpō him , which i haue threatned in h●● dayes , but in the days o● his sonne . and let it be marked , that he sayd humilitatus est mei causa , he hath humbled him selfe for my cause , which signifyed that it came from the hart , and from the sorrow that he conceyued , to haue offended god : which is true internall mortification , and made achab , a true mortified or mortifying creature in that act , for which wee haue god himselfe for a witnes . and it can be no lesse then prophane impiety , and sinfull secularity so prophanely to rest at it . but let vs passe to another parte of his answere in this matter . indeed , sayeth he , she was no cloystered nunne . ( to wit queene elizabeth : ) and so i thinke to : and that the difference of their liues did shew it . a queene she was ( sayeth m. barlow ) and a state she had to manage , a people to gouerne● & much busines to attend , bodily exercise sayth the apostle profiteth nothing , b●t godlines , that is , a sound sayth with a good conscience avayl●s ●ith god and argueth a minde truely regenerate . this is m. barlowes way of mortification , not to meddle with achabs contrition , humiliation , or hayrecloth , nor with the liues of ●loystered nunnes , that serue god in the austerity of christian discipline , as fasting , praying , and other mortification , but only he commendeth a sound ●aith with a good conscience , which euery man will easily perswade himselfe to haue , especially if he belieue him in citing s. paul to timothy , as though the apostle had called such externall mortifications , as fasting and the like , vnprofitable ●odily exercises , and that only a sound fayth were piety . but this is as fraudulent dealing as before : for that the apostle his very manner of speach , exerce ●e ipsum ad pietatem , exercise thy selfe to piety , doth shew that he speaketh of good workes and piety of life , and that he maketh here a difference betweene bodily exercise that hath for his end , only the good of the body , and the exercise of piety , which whether they be bodily or spirituall , are alwaies directed to a spirituall end . and so do the ancient fathers vnderstand the words of exercise and piety , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 especially such as best vnder●●ood the force , and propriety of the greeke words , as namely s. chrysostome , who in his speciall commentary vpon this place of s. paul defineth piety thus : pietas rectissima vitae norma est , & conuersationis optimae disciplina : piety is a most straight rule of life , containing the discipline of a most excellent conuersatiō , wherby only faith you see is excluded . and then ●urther reiecting m. barlows false interpretation of s. pauls words , as though he had meant fasting , and other externall mortifications , by corporall exercises which he calleth lesse profitable , he saith , quidam hoc apostolum de ●eiunio aiunt dix●sse , sed prosectò errant : neque enim est corporalis ex●ercitatio i●iunium , sed spiritualis . nam si corporalis esset , corpus profectò nutriret : cum autem id maceret & extenuet macieque conficiat , corpor●lis dici omnino non potest . some men ( as m. barlow ) do say , that the apostle ( speaking of vnprofitable bodily exercise ( meaneth of fasting , but truely they do erre : for that fasting is no bodily exercise , but spirituall . for if it were bodily , it would no doubt nourish the body : but whereas it doth chastise the body , extenuateth and maketh it leane , it cannot any way be called corporall . so he . and if wee will haue the testimony of another as ancient as s. chrysostome , & most skill●ull in the greeke tongue wherin s. paul writeth these wordes , though no grecian borne ; wee may heare s. hierome , who vpon those wordes , of exerce te ipsum ad pietatem , exercise thy selfe to piety , setteth downe first what piety is , saying pietas est e●iam 〈◊〉 tua tribulatione alijs subuenire , sicut sareptana vidua seci● : piety is to help other men euen with thy owne tribulation as the poore , widdow of sarepta did feed the prophet elias , with the bread that she had reserued for her sonne and her selfe . and then as for corporall exercise , named by the apostle , he sayth it was meant of things belonging to the bodily health , as sanctarum balnearum , venationum & huiusmodi quae ad breue tempus carnali proficiunt sanitati : holy bathes ( such as holy men did vse for help of their health ) hunting and other such bodily exercises for the same end , which do profit to the health of the flesh but for a short time , which admonition is thought to haue bene giuen by s. paul to timothy , as to a young man , that was somewhat delighted with these bodily exercises , or counsailed therunto by phisitiōs for help of his said health . to which end also the said apostle in the same epistle exhorteth him not to drinke water still , but to vse a little wine for help of his stomacke , and in regard of his other frequent infirmities . but yet would haue him to exercise himselfe in the workes of piety , as now hath bene sayd . so as this place also of s. paul hath bene abused by m. barlow his prophane interpretation against externall mortifications . but now lastly he commeth neere vs indeed , and will shew that queene elizabeth her mortification was of another kind , perhaps not heard of before . let vs heare his words : fourthly ( sayth he ) to be a king , and to gouerne as a king should do , is mortification of it selfe . this is the largest way ( i suppose ) of mortification that he can lay before vs : for of this kind he will find , no doubt many mortified people , both of men and women , that would be content to accept of this mortification , to be kings & queenes , and to gouerne well in their owne conceipts . for what prince thi●keth not , that he gouerneth well , and not only kings & princes are to be comprehended vnder this mortification , but proportionally also all other magistrates and gouernours vnder them , who haue one poynt more of mortification lying vpon them , then their supreme princes , for that they are lyable to giue account to them , which the others are not , and consequently they are more subiect to mortification in their offices , and dignities ; and yet most men do seeke after them , both in england and els where , which doth shew that there is great store of mortified men in the world , or at leastwise of men that loue this mortification , and desire to be so mortified . and if to be a bishop also be a mortification , then hath m. barlow in like manner proued himselfe a mortified man , & then those words of s. paul to the collossians , mortificate membra vestra quae sunt super terram : mortify your members which are vpon earth , may haue this sense also among other ; do you mortify your self with some good bishopricke , or other dignity , that in it selfe is a mortification . and do we not see what prophane trifling this is ? and that by this drawing christian vertues out of their compasse , true natures , and spheres , they do eneruate and euacuate all their force , and bring their practice to a meere sound of words . the catholike doctrine is , that mortification is a most excellent christian vertue , commended highly in the scriptures , and exercised by all saints , and especially by our sauiour christ , and his apostles , and by the greatest saints , & seruants of his , that haue ensued in his church , as may appeare as well by those words of s. paul now recited , as also these other to the romans : si spiritu sacta carnis mortificaueritis , viuetis : if you shall mortify the works of the flesh by spirit , you shall liue . and then followeth the contrary set downe in the same place . if you shall not mortify your sayd members , & deeds of the flesh therof ensuing , but shall liue secundum carnem , by obeying the lust therof , you shall dy euerlastingly . wherby is also vnderstood , the nature of this excellent vertue , whose name of mortification is deriued from the word mors , that signifieth death : for that as when death entreth vpon a body and driueth out the soule , the sayd body remayneth without sense , ●eling , or other motion : so when this vertue of mortification is well exercised of a christian man , it doth take a way the sensuall life of our lusts and passions , and doth mortify them in their vnlawfull appetites , so as they remaine as it were feeble , cold , and dead , in resisting or rebelling against the superiour parts of the soule , directed by rea●on and religion . and this is that most happy and excellent death so much desired by s. augustine , when he sayd to god : moriar , ne moriar , let me dy , that i may not dy : and good s. bernard , vti●am hac morte ego frequenter cadam , vt euadam l●queos mortis , vt non sentiam vitae luxurian●is mortisera blandimenta : would to god i may often dy this death , that therby i may escape the snares of the other death , & that i may not feele the deadly flatterings and allurements of this present dissolute life . and then he goeth further to many particularities , saying : vt obstupescam ad sensum libidinis , ad aestum auaritiae , ad iracundiae & impatientiae stimulos , ad angoris solicitudinem , ad molestias cu●●rum : moriatur anima mea morte i●s●●rum ; bo●a mors quae non aufert , sed transfert in meltus . let me dy by this death of mortification , that i may become sensles to the feeling of carnall lusts , to the heate of couetousnes , to the pricks of anger and impatience , to the afflictions of solicitude , to the troubles of to many cares : let my soule dy with the death of iust men ; this is a good death , and doth not take life from me , but doth change it to a better . thus that holy and deuout father of the workes and effects of mortification , and of his ardent loue that he had therunto . and the like i might most aboundantly shew out of other fathers , but it were ouerlong for this place . the saying of s. augustine vpon the former words of s. paul is general to all men : hoc est opus vestrum in hac vita , actiones carnis spiritu mortificare quotidie , affl●gere , minue●e , fraenare , interi●ere : this is your worke in this life , to mortify dayly the actions of the flesh , by spirit , and to afflict them , diminish them , to bridle them , and to kill them . which sense and feeling of mortification , if m. barlow had , and were of the same spirit , with these holy men , he would neuer seeke so many shifts to discredit the same , and to make it contemptible as he doth ; first by scorning at fastings , prayers , and a●me●●ed● , when by hypocrites they are abused , which is nothing to the true vse , and consequently not to the purpose ; then to disgrace thē , when they are well vsed , by saying that they are bodily exercises , of small vtility ; ●hen by ●e●ting at the sackcloath , ashes , and other penances , and externall mortifications , which god himselfe in king achab approued , and tooke in great good part ; then i●●co●ting at the state of nunnes professing the like retired li●e of mortification ; then telling vs further that the life of queene elizabeth had ●ore mortification by liuing in a court wh●re many temptations were , then in a monastery , which he proueth out of seneca , saying : marcet enim ●●ne aduersario virtus : for vertue is sluggish where no aduersary is . by which consequence it followeth that it is much better , and more excellent mortificatio●s for yong ladies and gentlewomen , to liue in great courts where there be store of amourous yong knights and gentl●men to tempt them , then to liue solitary , or retired from such courtes and companies , where no such impugnation of the aduersary is . and this is m. barlowes good discipline for women , which is farre different from that which s. cyprian prescribe●h in his booke de disciplina . & habit● virginu● , no lesse then their two spirits are different . and lastly you see that he distracteth the word mortification so farre , as he draweth it to all dignity and honour , and that it is mortification to be a king , queene , or chiefe gouernour , which are things most agreeable to mans sensuall desires , and opposite ●o mortification ; though i would easily grant , that if a man did hate and fli● such dignities in him selfe , & that they were forced vpon him ; of which sort of men s. gregory writeth val●è destent quòd tardè ad patriam redeunt , & tolerare insuper honoris onera copell●●ur : they do greatly bewaile that they returne slowly to their countrey ( which is heauen ) and besides are forced to beare the burthen of honours in the meane space : of these men i say who should so be forced against their wills to sustaine places of honour , as s. gregory himselfe was , in taking the popedome , to such a man it is a mortification indeed to be a king , prince , or pope . but this riseth not out of the dignity it selfe as m. barlow fondly teacheth , but out of the vertuous repugnance of the receiuers will : so as if queene elizabeth , to come to our proper case , did vnwillingly and with repugnancy of mind take the crowne vpon her , wh●̄ queene mary died● as s. gregory did his popedome , then may it be said , that it was some mortification vnto her ; otherwise it is ridiculous to make all high dignities and places of honour , mortification : for so much as euery man doth ordinarily feele in himselfe , an inclination of our corrupt nature to desire them , which naturally notwithstanding loueth not mortification . moreouer , wheras there are two parts and members of mortification , the one internall , the other externall , the internall to mortifie the inward partes of our soule , both intellectuall and sensuall , as to deny a mans owne will , represse selfe loue , subdue our iudgemen● to the obedience of others , represse the passions both of pride , anger , concupiscence & the like : another part externall , that mortifieth the body and outward senses therof , making them subiect to reason by externall punishments of the body , as by fastings , watchings , and other chasticements of the same , which s. paul testifyeth both of himselfe , and the rest of the apostles that they praised the same , which being so , i would demaund of m. barlow , to which of these mortifications doth a courtly & princely life lead vs , more then the state of a poore life . for as denying a mans owne will , it is far from princes , to practice the same , who indeauour rather to haue their wills done , and that with reason : renunciation also of the world and subduing of their owne iudgments , seemeth not so properly to belong to that estate . and as for mortifying of passions , if they would attempt to do it , their flatterers would not suffer them , for that they would both say and sweare , that euery passion of theirs is a sound and solide vertue , and euery disordinate appetite a most iust desire . and if you passe further to externall mortification , as often fasting , much prayer , long watchings , course apparell , ●air-cloth , di●cipline , and the ●ike ; how vnfit are they for a court , or a court for them ? is not soft & braue apparell , delicate diet , banqueting , dancing , masking , comedies , loue-letters , and such other , more aggreable to that state and place ? of the first our sauiour himselfe testifieth , qui mollibus vestiuntur , in domibus regum sunt ; and for the rest that they were gratefull and familiar in queene elizabeth her court , and more frequented by her selfe then the other , all men i thinke that were eye witnesses of the same will testify . only there wanted to the world a deuine , who by a new theology should celebrate these courtly exercises for good mortifications ; and now is sprong vp m. vvilliam barlow , that hath taken the matter vpon him , & published it in print , making the very state and condition of life it selfe , of being a prince , to be a state of mortification , and consequently also of pennance ( for that mortifications be acts of pennance ) wherof it doth ensue that queene elizabeths life was a penitentiall life , which is f●rre different from that store of felicity and aboundance of temporall consolation , which the lord cooke describeth with his copia & inopia , which wee shall handle afterward . and thus much of queene elizabeths mortification . there followeth in my booke a word or two of her persecutions , for that it was sayd in the apology , first in generall , that her maiestie neuer punished any papist for religion . and againe , that she was most free from all persecution . and yet further , that she neuer medled with the hard punishment of any catholicke , nor made any rigorous law against them , before the excom●●nication of pope pius quintus , which was vpon the yeare . ●●d the eleuenth of her raigne . wherunto i answered , that for punishments , all the catholick cleargy of england were depriued long before this for their religion , and many , as well laymen as priestes put in prison for the same , and multitude of others driuen into banishment of all sortes of people , whose names doctor sanders setteth downe in his seauenth booke of his visible monarchy . the seuere lawes also against them that refused to take the oath of supremacy , and should say or heare masse , were made long befo●e this and put in practice : so as this narration could not stand . what replyeth m. barlow to this ? ni●il ad rh●●●● sayth he , the speach is here of lawes , whose payne is death . yea syr. and is it so ? i refer me to the wordes euen now recited out of the apology , that her maiestie neuer punished any papi●●●●● religion , that she was most free from all persecution ; doth not all & any include other punishments besides death ? moreouer when it is sayd that she neuer made any rig●●ous lawes against catholickes : doth this only comprehēd the lawes , whose punishment is death ? to what straites is m. barlow driuen here ? and yet if he doe remember well the oath of suprem●cie , he cannot but know , that the third refusall therof is also death . so as euery way the poore man is taken . of qveene elizabeth her felicities , and infelicities . chap. ii. after this followeth another question betweene m. barlow and me , about the felicities or infelicities of queene elizabeth , or rather betweene the lord iustice cooke and me , who hauing vpon diuers occasions to the exprobration of catholicke men and religion , whome she pursued in her life time , enlarged himselfe extraordinarily in her exaltation , calling her , the happie queene , the blessed queene , and the like : i was forced for defence of the truth , to examine somewhat the grounds of this felicitie . my words then were , that the said lord cooke vpon the occasion of certaine words in pope clements breue , where queene elizabeth is named misera semina , a miserable woman ( in respect no doubt of the miseries of her soule , litle respected by her : ) vpon which wordes the oratour triumpheth thus . what miserable ! it is sayd , that , miseria cōst●s ex duobus contrarys , copia & inopia ; copia tribulationis , & inopia consolationis , mi●erie consisteth of two contraries , of aboundance , and penury , aboundance of tribulation , & penury of consolatiō . and then he sheweth in what aboūdance of cōsolations q. elizabeth liued in al her life , & without wāt of all tribulation : which if it were true ; yet is it but the argument which the worldlinges vsed in the psalme , to proue their felicitie , that their cellars are full , their sheep fertile , their kine fat , they suffer no losse , and then , beat●● dixeri n● populim cui●ac s●nt ; happie did they call the people that had these things . but the holy ghost scorneth them , and so may all men do our oratour , that vseth and vrgeth so base an argument , in so high a matter . and as for his definition of misery , by copia and inopia , store & want , it is a miserable one in deed , & neuer heard of before , i thinke , to come from any mans mouth , but his owne : it being ridiculous in philosophy , and fit to be applyed to any thing that hath eyther store or want . as a wise man in this sort may be defined to be him , that hath store of witt , and want of folly , and a foole to be him , that hath store of folly● and want of wit : and so a rich man is he , that hath store of riches , & want of beggarie , & a poore man is he that hath store of beggarie , & penury of riches . and are not these goodly definitions ( thinke you ) for so great and graue a man to produce ? thus passed the matter then . but now m. barlow doth constitute himselfe aduocate for the iustice , and if he plead his cause well , he will deserue a good ●ee , for the cause it selfe is but weake , as presētly you will behould . the lord cooke ( sayth he ) who at the arraignement of garnet indignantly scorning that the high priest of rome should in a breue of his call so great a prince ( as quene elizabeth was ) miseram f●minam , a miserable woman , by a description of miserie consisting of two contraries , want of com●ort , and plenty of tribulation , shewes by many reasons , euident and demonstratiue , that she , hauing aboundance of ioy , and no touch of affliction , but blessed with all kind of felicities , could not be called miserable &c. in which words , i would haue you note first , that wheras here he sayth , that the iustice shewed this , by many reasons , euident and demonstratiue , within a dozen lines after , he saith of these reasons , but if they be not concluding demonstrations , yet as least let them be probable perswasions , which is quite contrary to that which he sayd before , that they were euident and demonstratiue , so soone the man forgetteth himselfe . but to the matter it selfe , that albeit all these temporall felicities ascribed to queene elizabeth had bene so many , and so great , as syr edward affirmeth them , yet had it beene but the argument of worldlings , who in the . psalme , did measure their felicity by their full cellars , & were checked for the same by the holy ghost , by teaching them that not , beatus populus cui haec sunt , but beatus populus cuius dominus deus eius : & consequētly that queene elizabeth might haue these temporall felicities , and yet be truly miserable in that sense wherin pope clement so called her , to wit concerning the affaires of her soule , and euerlasting saluation : to this , i say , he answereth first by demanding , why temporall prosperitie may not be made an argument of gods loue to queene elizabeth , and of her felicitie , for so much as it is scored vp for one of the notes of the true church by cardinall bellarmine , de not●● ecclesiae , nota : whereunto i answer , that this temporall felicitie is not to our purpose , for that pope clement spake of her spirituall infelicitie , as hath bene shewed : and that temporall felicitie doth not infer or argue spirituall felicitie , euery man will confesse , that hath spirit to discerne it , for that the whole scripture is ful of testimonies , that wicked men ( and consequently miserable in soule ) haue bene temporally blessed by almighty god , made rich , powerfull , & prosperous , euen to the very affliction & scandalizing as it were of the iust and vertuous , but yet were they not happy for this , but most miserable , euen as those israelites were , that hauing their fill of quailes in the desert sent thē from god , they had no sooner eaten them as the scripture sayth , adhuc escae eorum erāt in ore ipsorum , & ira dei ascendi● super 〈◊〉 , the meat was yet in their mouthes , and the wrath of god did fall vpon them . and he that shall read ouer the . psalme , shall see , that it is altogeather of this matter , to wit of dauids admiration of the wealth and prosperitie of the wicked , whose end notwithstanding he sayth to be most miserable , aestimabam vt cognoscerem hoc , labor est ante me , donec intelligam in nouissimis eorum ; deiecisti eos dum alleuarentur : i did thinke i could haue vnderstood this matter , but it is harder then i imagined , vntil i cōsidered their ends ; thou hast depressed them whiles they were exalted . so sayd our sauiour to the rich man , recepisti bona in vita tua , thou hast receiued good in thy life , and note , sayth s. bernard , that he sayeth recepisti , non rapuisti , thou receiuedst them , and diddest not get them by force , and yet notwithstanding did he infer , that therefore he was now tormented in hell , which he would not haue sayd , if temporall prosperitie had bene a good argument of spirituall happinesse and felicitie . and as for that he obiecteth out of cardinall bellar●ine his making temporall felicitie in those princes that defend the same to be a note of the true church ; first it is not to our purpose , as hath bene said , for that we affirme pope clement when he called queene elizabeth , miserable , meant of spirituall miserie , which is not contrary to bellarmines speach : for he doth not argue , that euery one of those temporall princes that had prosperous successe in the warres vndertakē for defēce of the church were happie also spiritually for those temporal felicities ; but that almighty god hauing an intention to preserue his true visible catholike church from age to age , to the worlds end , did prosper those princes that fought for the same ; by which prouidence and concourse of almighty god , togeather with the cooperation of the said catholike princes , she hath bene conserued from the apostles times to ours : and all other enemies , as well heretiks as infidells , haue bene dispersed , vanquished , and ouerthrowne : which is an argument amongst others , that this only church is the true catholike church , to endure vnto the worlds end , for so much as this only , by gods particuler prouidence hath bene thus defended , which is the true meaning of cardinall bellarmines drift , and whole discourse in that place . now vnto the other about the speach of worldlings in the . psalme . m. barlow wil needs haue the words of worldlings , applauding their own felicity in this psalme , by the beauty & prosperity of their children , their full cellars , fertill sheep , and fat kyne , to be true signes of felicity indeed , as sent from god to testifie his loue towards them , & that d●●id did writ all this in his own person , giuing thanks to god for those present temporall blessings : and that the check or reprehension giu●n by the holy-ghost in the last words , happy is the people whose lord is almighty god , was not a reproofe of the sentence imediatly going before , happy they esteemed the peo●le that haue these prosperities , but rather a confirmation of the same . and for some points of this exposition he alleageth . or . expositours of our time , as flami●i●● , genebrard , and arias m●ntanus in their paraphrases vpon this psalme , who albeit vpon some wordes of the h●brew text , somewhat different from the greeke translation of the septuagint , do make some exposition not altogeather agreeing with our common latin translation , which in this followeth the said septuagint : yet are they far from agreeing also with m. barlowes exposition . whatsoeuer they say by occasion of this difference betweene the hebrews , as now it is found , and the translation of the sayd septuagi●ta made . yeares before the natiuity of our sauiour , and vsed commonly to be cited by the apostles themselues in the allegation of the old testament ; most certayne it is that the anciēt fathers vnderstood the sense of this psalme as we do now : for proofe wherof i might alleadge many places out of their commentaries and expositions , but s. augustine shall serue for all , who expounding this part of the sayd psalme , erue me de manufiliorum alienorum , deliuer me out of the hands of strange children , whole mouth hath spoken vanity , he expoundeth what this vanity is to wit , that they measuring happines by worldly prosperities , faire children , full butteries , & the like , did make this inference , blessed are the people that haue these commodities , and were checked for the same by the prophet , saying , happy is the people whose god is their lord. i shall se● downe s. augustines discourse some what at large , for the better satisfaction of the reader in this point , for that m. barlow is not ashamed to charge me with the peruerting of scriptures , and laying a slanderous imputation vpon the holy-ghost himselfe . thus then he writeth . nunc ergo exponat quod dicit , quorum os loquutum est vanitate● &c. now then let the prophet explayne vnto vs , that which he saith , that their mouth spake vanity : what vanity did their mouth speake ? that their children were new plants , well established in their youth , he intendeth to reckon vp their felicities : but be you attent that be children of light , the sonnes of peace : attend you children of the church , members of christ : stand you attent whome he calleth strangers , whome he calleth forraine children ; attend i beseech you , for that amongst these men you liue in perill &c. be you attent that you may discerne them : be you attent , that you thinke not the felilicity that they desire , to be the true felicity . behould what is the vanity which their mouth speaketh : take heed least you speake the like . and take he●d that you speaking the like , do not imitate them , whose mouth speaketh such vanity , and their right hand is the right hand of iniquity . what vanity hath their mouth spoken ? and what right hand of theirs is the right hand of iniquity ? harken : vvhose children , say they , are new plants , established in their youth , their daughters faire , and adorned to the simili●ude of a church , their butteries full , their sheep ●ertill , their kine sat &c. and what shall we say ? is not this felicity ? i demaund you children of the kingdome of heauen : i demaund you , that are borne to euerlasting resurrection : i demaund you , that are the body of christ , the members of our sauiour , the temple of god , is not this happines to haue these things ? the holy patri●●ches had good part therof , and shall we not call it felicity ? sit licèt : sed sinistra : quid est sinistra ? temporalis , mortalis , corporalis , 〈◊〉 illam ●am diffugi●s , sed neque dextram putes . let it be counted felicity , but it is left-handed felicity : what is left-handed felicity ? temporall , mortall , corporall , which i do not perswade you to fly , but that you do not esteeme it right-handed felicity , as strange children do , and therfore it is sayd of them , dextra corum , dextra iniquitatis , their right hand , is the right hand of iniquity : for that they placed on their right hand that , which they should haue put on the left &c. and then finally comming to the conclusion of the psalme , and to handle the check giuen by the holy ghost for this mistaking , and misnaming this felicity , he saith● i doe then reprehend these strang erring children , for that their daughters be faire , their butteries full , and the like , sed quare ●os arguo ? quia , beatum dixerunt populum cui haec sunt . o l●q●entis hominis vanitatem ! wherfore then doe i reprehend them ? for that they say , that the people are happy , that haue these things . o speakers of vanity ! they said that the people were happy , that had these things , ô maligni , ô vaniloqui , ô filij alieni ! beatum dixerunt , cui haec sunt . o malicious and vaine speaking men , o strange children ! they named that people happy that had these things : that which was at the left hand , they placed at the right , they call the people happy that had these things . but what dost thou say king dauid ? what saist thou , o body of christ ? o members of our sauiour , you that are children of god , and not aliens , what say you ? beatus populus cuius dominus deus ipsius , happy is the people that haue god for their lord. thus farre s. augustine . wherby may be seene his sense , & the sense of the whole christian church in his dayes about the meaning of this psalme , which he sayth i corrupted by my exposition , although it were no other then this of s. augustine , as you haue seene . and if you would see other fathers to the same sense , you may read s. hierome in his commentary vpon the first chapter of the prophet habacuc , where he reciteth these temporall prosperities , as vanities bestowed vpon the wicked . arnobius also in his cōmentary vpon the psalmes , after hauing mentioned the sayd temporall prosperities bestowed vpon the wicked , cōclude●● thus : dicant ●rgo incroduli &c. let the faithlesse say then , blessed is the people that hath aboundance of worldly prosperities , but let vs say with the prophet , that people to be happy who haue god for their lord. and these are fathers of the latyn church . and if we looke into the fathers of the greeke church , we shall find the same con●ent , for the meaning of this place . as for example , s. basil hauing touched the vanity of this temporall felicity , he putteth downe the reiection therof made by the prophet : alij quidem , inquit , beat●● talia habentes , ego verò beatum populum iudico , cuius dominus de●●est . the prophet sayth , that other men do call them blessed that haue these temporall commodities , but i , sayth he , iudge those people to be happy that haue god for their lord. with s. basil agreeth s. chrysostome in his commentary vpon this place of the psalme , where expresly he sayth , that the prophet dauid spake these words , quorum fil●j sicut nouella plantationes in inuentutē sua , and the rest , according to the opinion of the vulgar sort , and that he himselfe was of a contrary opinion , not holding them for happy , who possessed those things , but that people only , cuius dominus deus ●ius : who haue god for their lord. theodoret also in his commentary vpon the . psalme expoundeth these words in the same sense . they call the people happy that had these things , for that being deuoyd of truth , they were not able to discerne the nature of things , but did measure happynes by their delights , wealth , and power , and so did affirme them to be happy , that had these things : but those that are studious of truth , do say with the prophet , happy is the people whose lord is almighty god. and according to this writeth euthymius in his commentary . many men ( sayth he ) do esteeme that people happy which haue this visible aboundance of temporall goods , which erroneous opinion of the vulgar sort king da●id hauing mentioned , he reiecteth the same , and setteth downe a better , and more true sentence , saying , blessed is the people whose lord is their god. by all which places and many more that might be alleadged , m. barlow in his interpretation of this place of scripture is conuinced to be one of those fily alieni , alient children , wherof the prophet speaketh : and i am freed from that fond calumniation of his , wherby he sayth that i haue slaundered the holy ghost , by writing , that the holy ghost did scorne this argument of worldlings , who say , that the people is happy , that haue these temporall prosperities . for you must note that m. barlow comming to answere my former speach before set downe , he maketh a flourish , saying : that my answere consisteth of three poyntes , first a shifting euasion , secondly a false interpretation of the psalme , thirdly a slaunderous imputation of the holy ghost . the euasion , he saith , consisteth in that i did hou●d , that outward prosperities are no necessary arguments of gods loue and fauour , and consequently neyther in queene elizabeth . the false interpretatiō of the psalme you haue now heard , to be the interpretation of s. augustine , s. hierome , s. basil , s. chrysostome , and others now mentioned . the slaunderous imputatiō vpon the holy ghost , that he scorneth at such inferences , is proued by the same , to be no slaunderous imputation , but a true assertion . and if the word , scorne , do seeme vnto him vnworthy of the holy ghost , let him remember the words of the psalmist talking of such men : qui habitat in caelis irridebit eos , & dominus subsannabit eos , he that sits in heauen shall deride them , and our lord shall laugh them to scorne : where you see both the words , irridere & subsānare in one verse : & yet further in another place : dominus autem irridebit eum● quo●iā prospicit quòd ●eniet dies eius . and our lord shall scorn him because he forseeth that this day of ruyne shall come . and in another place talking of christ , as some interpret it , he sayth , they shall see him , and contemne him , and god shall scorne them . and yet further the same spirit saith to the like men , ego in interi●u vestro ridebo , & subsannabo , i will laugh and scorne at your destruction : & this in words , but in fact when god almighty said of the wicked man , miseriamur impio , & n●● discet iustitiam : let vs haue mercy vpon the wicked man , & he shall not learne iustice : was not this a scorne ? for it followeth straight , he shall not see the glory of god. what mercie was this when christ also recounteth in the ghospell , the speach of the rich man , that tould how his barnes were full , and much riches layd vp for many yeares , and therfore bid his soule be merry , and our sauiour calling him foole , for his great prouidence , aduertised him , that , that night he would take his soule from him : was not this a scornefull speach against them , that so much esteeme the beatitude of temporall felicity ? so as here also m. barlow is found minus habens . but now to come to the solemne definition of misery , by copia & inopia deuised by the lord cooke , and patronized by this his champion and chaplin , out of which he would proue , that queene elizabeth was not misera femina , as pope clement called her in his breue , for that misery , as he saith , co●si●●eth o● ●ro contraries , aboundance , and penury : aboundance of t●ibulation , and penury of consolation , which , sayth he , was not in queene elizabeth , but rather the contrary , for that she had perpetuall store of consolations , and penury of tr●bulations &c. wherunto i then said , that this definition of misery was miserable indeed , nor euer as i suppose heard of before , as ridiculous in philosophy , and fit to be applied to any thing that hath eyther store or want , as a wise man in this sort may be defined to be him that hath store of wit , and penury of folly ; and a foole to be him that hath store of folly , & penury of wit , and so in all other things : wherunto i add now , that it wanteth the chiefe points of a good definition or description , to wit , genus , & differentia , or at leastwise genus & accidentia propria , that may distinguish the thing defined from all other things , neque co●uertitur cum definito , as logicke prescribeth , ●or that a man may haue store of a●●lic●ions , and penury of consolations , as iob had , and yet not be miserable , but happy : & contrariwise one may haue store of temporall consolations , and penury of afflictions , as had the rich glutton , and yet not be happy . and againe wheras a definition should speake clearly , and simply without doubtfulnes or equiuocation ; this doth not , but quite contrariwise speaketh equiuocately , being apt to be vnderstood eyther of temporall or spirituall misery , which is a great defect in the law of a definition , or good description ; for that by this fault , here it commeth to passe , that wheras pope clement called queene elizabeth miseram feminā , a miserable woman , in respect of the misery of her soule , as being cut of from the catholike church . syr edward cooke argueth that she had no temporall misery , which supposing it were true , yet doth it prooue nothing against spirituall misery , wherof only pope clement spake , and consequently was nothing to the purpose . yea ●urther , if syr edward had distinguished as he should haue done betwee●e tempora●l and spirituall misery , and had defined the same distinctly and seuerally , yet had not this definition agreed punctually to eyther of them . for if you talke of spirituall consolations or desolations of the mind , then is it euident by all spi●ituall writers , that aboundāce of sensible consolations with want of desolatiō or affliction of mind ( which oftentimes euill men haue or at least wise such as are lesse perfect in vertue ) maketh not a man spiritually happy : nor on the contrary part aboundance of inward and spirituall tribulations , doth allwayes make the party miserable ; for then king dauid should haue beene also spiritually miserable , when so often he crieth out of the desolations o● mind , & afflictiōs of spirit , which he suffered as layd vpon him for his great triall , merit , and glory : as when he sayd , aquae intrauerun● vsque ad animam meam , floudes of wa●er haue entred euen into my very soule , meaning thereby the waues and wat●rs of spirituall tribulations . and the like doth s. paul himself when he vttered those words of compassion concerning his internall afflictions , saying : supra modum grauati sumus , supra virtutem , ita vt tederet nos etiam viuere , wee were pressed aboue measure , and aboue our power to beare it , so as wee were weary of our life , and it loathed vs to liue . and all the apostles generally : et nos ipsi primiti●● spiritus habentes , & ipsi intra nos geminus &c. wee that haue receiued the first fruites of god his spirit , we doe mourne & groane within our selues : so as here syr edward did misse in his spirituall theologie . nay nor yet doth this definition by copia and i●opia hold in temporall consolations themselues , wherein he notwithstanding hath had more occasions of better skill by experience , for that neyther in them is it true that a man may measure temporall felicity by temporall aboūdance , nor misery by their want , for he that taketh no comfort by his aboūdance , or delighteth therein , cannot be sayd to be happy temporally by the sayd aboundance , and he that loueth mediocrity , or voluntary pouerty , and hath need of no more then he possesseth , is temporally also rich : by all which is s●ene , that the lord cookes definition of misery by copia & inopia , was very defectuous . let vs see now , how his champion defendeth him . first he entreth with a great flourish , that he will defend the definition by poetry , philosophy , diuinity , & cases of conscience . but as commonly it falleth out , when m. barlow would make any great o●tentation of his learning , he then most betraveth his ignorance , and rusheth vpon matters that he vnderstandeth not whereof he speaketh : soe here both the poore man stumbleth at the very entrance , and misseth as it were in the very termes themselues , especially about philosophy , diuinity , and cases of conscience , as presently shall appeare . but fi●st wee must note what obligation he hath to proue , and how far forth he performeth that obligation . i sayd in my reprehension of the lord cookes definition , by copia & inopia , that it was defectuous in philosophy , as fit to be applied to any thing that had store or want : what is the defendant bound to proue ? no doubt but that it is a good definition , according to the lawes of philosophy both in forme and matter : and if he proue this , by any one of his foure wayes , or by altogeather , i shall confesse , that he hath performed the office of a good aduocate , but indeed he proueth it by neyther way , but only sheweth that copia and inopia may be found in one subiect , in respect of different things , which no man euer denied , for it were great folly to say that a man may not haue good apparell , and an empty stomacke , and another time to haue a full stomacke & want of apparell , and so in all other matters : whereof m. barlow giueth examples first out of poetry , as of tantalus , narcissus , & others that had copiam & inopiam , and were miserable thereby , which i deny not , or is it the point that he should proue , concerning a good definition , quae conuertitur cum re definita , and hath the other conditions before mentioned . from poetry then he passeth to philosophy , saying , that if i had read epictetus in his euchiridion , and those that doe comment vpon him , i should find it a philosophicall conclusion , that those two contraries , ( copia and inopia ) doe make the greatest misery , when a man possesseth much & yet desireth more . whereto i answere first , that although it be a philosophicall conclusion , as well with epictetus , as other morall philosophers , that this is a misery : yet doe not they make it the definition of misery , for that there be many other miseries besides this . and secondly though epictetus doe call it a kind of misery to possesse much and desire more , yet not the greatest misery , as m. barlow doth , for it is a greater misery , by his leaue , to haue nothing at all , & to desire very much , then to haue good store , and to desire more . as for example , if m. barlow himselfe should haue had an ardēt desire from his youth to be archbishop of canterbury , euen while he was a scholler in cambridge , and had no preferment , and should continue the same desire now , i doe not thinke that he will deny , but that it is lesse misery to desire and expect the same now , being already well furnished with the wealth of a good bishopricke , then to haue expected the same with like ardent desire in his pouerty , and consequently it is not the greatest misery , when a man possesseth much , and desireth more . and this for his philosophy : now let vs see his diuinity . and then ( quoth he ) in diuinity king salomō no meane philosopher , found that to bee afflictionem pessimam , a most vexing misery , as any vnder the sunne , when with satiety of ric●es , which implieth plenty , there is ioyned an insatiable eye , which argues want . here now m. barlow beginneth to shew confusion , and not to vnderstand well the true distinction of these sciences . in diuinity , sayth he , king salomon no meane philosopher found . how did he find it ? by diuinity or philosophy ? ●or here he nameth both : and if salomon found it by diuinity , what needed m. barlow to add that he was no meane philosopher ? & if it be true which he writeth in the very precedent lines , that it is a philosophicall conclusion , that the greatest misery is when a man possesseth much and desireth more ; then is this second conclusion , that it is a vexing misery , with satiety of riches , to haue an in●atiate eye or desire , a philosophicall conclusion also ( which is the very self same that was set downe before : ) and consequently if that was a philosophicall cōclusion , then can it not be properly theologicall , for that one and the selfe same proposition cannot belonge to two different sciences sub eadem ratione formali , to wit philosophy and diuinity . for that philosophy considereth her obiect according to light , & direction of naturall reason , diuinity as it is reueyled from god and referred to god , as vnto the supernaturall & last end of all creatures , wherof m. barlow making no mention , nor vnderstanding the difference as it seemeth , maketh the self same proposition to be both philosophical & theologicall , and that vnder the selfe same considerations , which is most absurd . and if he say that wee doe grant it to be a conclusion philosophicall , & that he proueth it to be theologicall , or appertayning to diuinity , for that it is in the scriptures vttered by salomon , i answere , that euery proposition found in the scripture is not of his owne nature theologicall , or appertayning to diuinity , for that it is neyther of truth reueyled not deduced from reueyled principles , nor hath reference to god , as he is the formall obiect of diuinity , but may be in it selfe philosophicall , and knowne by light of reason , as wee haue sayd of this proposition , that it is a kinde of misery to possesse much and desire more , which not only the heathen philosophers , but euery man commonly by naturall light of reason will discerne , and consequently m. barlow though he straine the scripture , therby to draw some semblance of proofe from the same , as you haue seene , yet doth he not proue it at all : and this third way of diuinity is lesse then nothing . but of all other his fourth & last way by cases of conscience is notable . let vs heare his words : and euen in cases of conscience , saith he , were they not those two contraries , plenty of good desires in s. paul to do well , but want of ability to perform those desires , that made him to cry out , miser ego homo , miserable man that i am ? to which question i answere , that true it is , that s. paul complaineth in that place that he found a great fight and repugnance as other men do , betwene the law of his flesh ( or stirring of concupi●●ence ) and the law of his mind . which if m. barlow will call copia & inopia , he may draw any thing to the lord cookes definition : euen when as a man and his wife do fall out , there is copia commonly and inopia also , for he shal be sure to haue copia of ill words , and inopia of peace and quietnes , and therby also some misery . but i would very gladly know why m. barlow calleth this the doctrine of cases of conscience , as if it were a distinct thing from diuinity ( for otherwise it would not be his fourth way of proofe ? ) where as we hould the said doctrine of cases of consciēce to be an essentiall part of diuinity it selfe , to wit the morall part , that resolueth doubts of conscience in practice : as for example when there ariseth some doubt about vsury , restitution , matrimony , or the like , what in conscience may be done , and what not , in this or that case , the matter is resolued by this part of diuinity . but what is this to the example of s. pauls conflict betweene sense and reason , flesh and spirit , alleaged by m. barlow ? had the apostle any doubt or scruple of conscience therin what he had to thinke or do , about these rebellions of the fl●sh ● i thinke not ; he said it was a misery to suffer them against his will , but doubted nothing whether they were to be resisted or no , by the help of gods grace which assisted him in that combate , and gaue him the victory according to the promise of his maister made vnto him , sufficit ti●i gr●tia mea , my grace is sufficient for thee to get the conquest in this case . wherfore m. barlow to frame an argument vpon this place of s. paul for his copia and inopia , hath as much ground , as if he had founded the same vpon syr thomas mores vtopia . other points concerning queene elizabeths felicities , or infelicities . §. ii. vve haue seene by that which hath hitherto bene sayd how vayne and feeble the argument hath bene to proue that queene elizabeth was happy in this life in regard of her temporall felicities , which the lord cooke reciteth in these words among many other as before we haue noted . she was so miraculously prot●cted by god ( saith he ) so strengthned , and ●ortifyed , as she did beat her most potent enemy , did set vp a king in his kingdome , defended nations , harboured distr●ssed people , and the like . vnto which argument besides the other reasons and proofes which i before opposed , i did sh●w out of ieremy the prophet the vanitie of this argument , by a notable example of king nabuchodonosor , much more power●ull then queene elizabeth was , which nabuchodonosor receiued euen from god himselfe , greater worldly prosperity and consolations then these , and was called by god , seruus meu● nabuchodonosor , my seruant nabuchodonosor , & greatly aduanced , protected , and made powerful ouer his enemies for a time , and to punish , afflict and chas●i●e the people of god himselfe , and yet was he not happy but miserable therby : and so might be queene elizabeth , though she preuailed against catholicke princes , and people abroad , and was permitted to afflict her catholicke people at home , wherby was cōuinced that this argumet of worldly prosperity ● though it were manifest that it came directly from god himselfe , yet doth it not infer any true happines at all . and hath the chāpion m. barlow any thing to reply for his lord in this ? no truly but granting my proofe to be substantiall , as taken from the scripture it selfe , he runneth to othe● impertinent matter of dissimilitude , betweene q. elizabeth , & nabuchodonosor , as that he had no successour , but the queene hath &c. which is not the question in hand , nor was the comparison made in this , and moreouer in it selfe is false . for that nabuchodonoso●s sonne called euilmero●●th succeeded him , and after him againe baltazar , which seemeth to haue bene fortold by the prophet ieremy c. . saying : seruient ci ones gentes● & filio eius , & filio f●l● eius . all nations shall serue nabuchodonosor , and his sonne , and his sonnes sonne . in which respect nabuchodonosor was much more happy thē q. elizabeth who left no such issue to succeed her , and therefore the place alleadged by m. barlow o●t of isay , ex quo dormisti &c. since thou wert dead none came in thy place to cut vs vp , by graue authors is vnderstood of baltazar the last king of that race , for to the former it cannot wel be applyed , whose sonne and nephew after his death kept them wellnigh forty yeares in captiuity , and they were not deliuered till after the death of baltazar , by cyrus , who with darius ouerthrew him and succeded him : by which you may see how well m. barlow pleadeth for queene elizabeths● happines● and all this was spoken against the infe●ence of true felicity , supposing that queene elizabeths dayes had beene so aboundant and affluent in all kinde of temporall prosperities , as the flattery of these orators would haue it seme , & that her selfe had such copia of consolations , and inopia of tribulations , as the lord cooke describeth . but for proofe that this was not so , the●e were many par●iculer poynts touched , which did shew that her temporall consolations were mingled also with desolations , her prosperity with aduersities , her ioyes many tymes with griefe , as for example the circum●tances of her natiuity , the declaration made against her by her owne father , as well in the putting to death her mother with note of incontinency , togeather with so many adulterers punished with her , as also a●terward the same declaratiō made more authentically in publike parlament , her disgraces passed a●terward againe in the time of king edward , & her contemptible reiection by the setters vp of queene iane , her pe●ills in queene maries time by the cutting off of her best friendes , whereby she was forced to a deepe dissimulation in religion , that could not be but afflictiue vnto her , her feares and doub●s in the beginning of her owne raigne , what would follow by change of religion , the pretence of the king of fr●●●● known to be in hand , for his wiues succession immediatly after queene mary , her frights by the duke of norfolke , & earles rising i● the north , & a great counsell of the chi●fest nobility held at london against her , and in fauour of the queene of scotland , which then ●he was not able to resist , if it had gone forward : her publike excommunication , and depriuation by two or three popes , which could no● but bring sollicitude with it , her doubtfu●nes about ma●iing , being pre●sed on the one side by the sollicitatiō of her kingdome for hope of succession , and held backe on the other side by certayne desirs of designements of her owne & her fauorites , her intricate reckonings with her sayd fauorits from time to time , as pickering , dudley , hatton , packi●gton , rawley , and essex , among whome the two earles became in the end to be dredfull vnto her , her ielousy and feares conce●ned not only of forraine princes , whome she had deepely offended with raising their subiects and maintayning them against them , but of domesticall inhabitants likewise , especially of priestes , iesuits and se●in●ry●men , who were painted out to her to be such dangerous people , togeather with the catholickes , that vsed their helpes in matters for their soules , as she neuer ceased to add lawes vnto lawes against them all , and against all vse of catholicke religion , wherunto her selfe had sworne , and voluntarily protested in queene maries dayes . and not only this , but breaking also into bloud , for these imagined terrors , shee put to death publickly aboue an hundred and thirty anointed priests , only for hatred of their order and profession , togeather with many other afflicted in pri●ons , others sent into banishment , by forty , fifty , yea seauenty , at a time . she put to death also both the nearest in kinred , and dearest in affection , that she had on earth , as was her maiestie of scotlnd , and the earle of essex , the guilt of which proceeding lying vpon her conscience , did so trouble her for diuets yeares before her death , as was pittifull , but her death it selfe more pittifull , in dying without sense , feeling , or mention of god , as diuers do report , that do pretend to know the same most certainly . i should be glad with like or greater certainty to know th● contrary , for i take compassion of her state with all my hart . and this is in effect the summe and substance of that which was spoken before , concerning the interruptions and interpellations of queene elizabeths temporall ioyes and comfort , which syr edward cooke , & m. barlow do make to be so singular , and absolute . and what reply is now made ( thinke you ) to all this ? truly nothing at all to the purpose in hand : for that one of these two poynts should be shewed , eyther that these things are not so , or that they do nothing at all impeach queene elizabeth● tēporall felicity , and store of con●olations ; but neither of these is proued , what then ? you shall heare : first he runneth againe into an extreme rage of rayling and reuiling , and scolding as it were a tip-toe , inforcing his whole answere with the most contumelio●s speach that he can deuise : but to this is extant his own answere in print , out of seneca , which he alleageth in the preface of his sermon at paul● crosse , against his maister the earle of essex , vt quisque est ●●ntemptissimus , ita soluti●●ima lingua ●●t . as each man is more contemptible then others , so is he more lewd & loose in his tongue . then he chafeth intemperatly , that any thing should be sayd or writtē against queene elizabeth after her death , and her● he dilateth himselfe very largely for lacke of better matter vpon that common place , that the rulers of the people are not to be spoken euill of , specially after their death : for which he citeth both scriptures , and prophane authors ( i follow not his order in this , but the con●exion rather of the matter ) and will proue them to be both hoggs aud doggs out of aristophanes , pliny , sophocles and other authors , that do reuile the dead . but to this obiection also i will put his owne answere , in his foresaid sermō against the e●rle of essex , where hauing made the same obiectiō again●t himselfe , for speaking euill of the said earle after his death , as he doth now against me for calling to memory some of queene eli●abeths affaires , his answere in his owne words is this . but dearely beloued , there is a difference in faults of men as in diseases , some onely are hurtfull to the parties themselues , some loathsome and infectious to others ; the first are to be buried with their bodies , & forgotten , but the other will annoy , and therfore must be remembred after death . in scripture some kinges that were vicious , had their faultes touched euer after their buriall , but no more , yet some are neuer named in scripture , but their sinne is branded vpon their name , as often you may see of ●eroboam neuer mentioned , but presently addeth the sonne of nebat , which made israell to sinne . this was the mans answer at that time , for that it serued for his purpose , & the same may serue me now against him : for if the case of ieroboam that made israell to sinne , might be applied to the earle of ●ssex , that was of their owne religion , and changed nothing therein so far as is knowne , and was but a priuate person : how much more may the same be applyed to queene elizabeth , that indeed brought in that fatall diuision and new worship of ieroboam into her kingdome , which she found quiet & vnited with the rest of christendome in the knowne catholicke fayth of christs church ? but saith m. barlow , reproaches are vttered eyther for repr●ose to amend , or for vexation to grieue the parties calumniated , both which endes doe cease in death . whereunto i answere , that if they be reproches , and contumelyes indeed without truth ( wherof m. barlowes tongue and pen are ful● ) they serue to neyther of these ends , but principally to shew the wiked mind of the vtterer : but if they be true , as those things are which i haue touched concerning q. elizabeth her infelicities , ●hē albeit they be vttered to none of these two foolish ends mentioned by m. barlow , eyther to amend , or vex the dead , yet are they recorded to warne & instruct them that are aliue , by shewing gods iustice vpon sinne , his prouidence , his power , and his care to feare men by terror of euerlasting in●amy from the like offences , & many other such holy ends : for the which in scripture it is a most common & ordinary thing to heare the sinnes of wicked princes repeated and reiterated after death , m. barlow himselfe cannot deny it . i did further add also in my former letter the example of diuers ancient fathers , as iustinus martyr● irenaeus , tertullian , and others , who to comfort the afflicted christians in theyr dayes , and to honour more the cause for which they suffered , did put them in mind what manner of p●ople and princes their first persecutors were , as namely nero and domitian , what life they led , what end they made , and that indeed they were ●it instruments to be the first actors in such a worke , which i applying to queene elizabeth , sayd that the like obseruation and comparison might be made , she being the strangest woman that euer perhaps liued , for diuers admirable circumstances before touched , and the very first absolutely of that sex eyther christened , or created , that tooke vpon her supreme power in spirituall and ecclesiasticall matters &c. wherunto m. barlow comming to answere , and hauing nothing at all to say to the purpose , doth so childishly trifle , as is most ridiculous , telling vs first , that if the papists may comfort themselues , for that they haue bene beaten by a woman , then may the diuell comfort himselfe also that a woman is prophesied in genesis , according to our interpretation to breake his head : sysera also the captaine may glory that he was ouerthrowne by a woman . but this is trifling● for i doe not say simply by a woman , but by such a woman as neuer was the like , in diuers points of enormity against c●th●lic●● religion , and therin was the fathers obseruations of enormous manners of nero and domitian , and not in the sex , as they were men . secondly he sayth , that diuers popes were more like to nero and domitian , then queene elizabeth : but this is also trifling . for neyther is the matter proued , & if it could be , yet doth it not improue my comparison , as it was some comfort to the ancient afflicted catholickes to consider what manner of princes they were that first began most sharpe persecution against them : so might english catholickes doe by consideration of the person of queene elizabeth that first of all women persecuted them in england , and with inspeakable monstrosity made her selfe head of the church . thirdly he sayth about this matter , that heauen and hell ar● not more different , then those christian martyrs of the primitiue church , from these later of english papists : for they , sayth he , acknowledged the emperors supremacy independant vpon any but god , prayed for them seriously both lyuing and dying &c. but this now is more then trifling , for it seemeth to me meere madnes to say , that ancient christian martyrs vnder nero and domi●ian did acknowledge those emperours supremacy independant vpon any but god , which inferreth to my vnderstanding , that they acknowledged them for supreme heade● of the catholicke church in those dayes , for so signifieth the worde supremacy in the controuersy betweene vs : and the wordes immediatly following , independant vpon any b●● god , doe seeme playnely to confirme the same , as doth also the comparison and contrariety it selfe , which hee putteth betweene those old martyrs , and ours . for if he had meant of temporall supremacy there had not bene any difference , or contrariety betweene them . for ●hat our martyrs also doe acknowledge temporall supremacy to kings and princes though not spirituall , which inferreth that m. barlow ascribing more to the ancient martyrs vnder nero and domitian , must needes meane , that they held them ●or heades of their church , euen in spirituall & ecclesia●ticall a●fayres , although they were pagans : and ●oe consequently might , and ought to repayre to them in matters of controuersy about christian religion , and were ●ound to follow their direction therein . and if this be not more then trifling , especially for a prelate to vtter● i leaue to the discreet reader to consider . but now let vs see briesely some of his answers to the points before rehearsed of queene elizabeths life and death . first he sayth to the note about her birth and disgrace by her father and parlament , that the scriptures are not soe censorious , for god himselfe mislikes the prouerb that it should be sayd , the fathers did eat sower grapes , and the childrens ●eeth were sett on edge ; but this is folly : for i alleadged it not as a sinne of hers , for the sinne was her fathers and mothers , but as some disgrace in temporall felicity . then he telleth vs , that in some places the ciuill lawes doe permit some bastards to succeed . item that she shewed well by her courage , and other princely qualities , that she was king henries daughter . item that her selfe did so far cōtemne those slaunders published in print , as shee would neuer consent to haue them cleared , but rather scorned them . item that queene mary also was disinabled by parlament in her fathers dayes &c. and are not these strong argumentes to proue his purpose , to wit , that this proceeding of the parlament and declaration made against her , was no temporall disgrace ? albeit for so much as belongeth to queene mary , all men doe know that her case was far different , for that queene mar●es mother was neuer noted for incontinency , and much lesse so many adulterers put to death with her , as might be doubted whose daughter she was . to the difficulties she had in king edwards daies both in respect of the admirall seymer put to death for loue-matters towards her , and the like , he sayth in effect nothing , but breaketh forth into a fi●t of rage about the whore of babylon her philira , and loue-drugs , whereof this fellow can frame a common place to intertayn● him selfe for lacke of other matter . of the time also of queene 〈◊〉 he speaketh nothing . about her lawes , and cruell proceedings towardes catholickes , he intertayneth himselfe some what longer , but no more to the purpose , then in the rest . for first he sayth that the sorest punishment for the first twelue yeares w●s commitment to bishops and deanes houses , and some of them to prisons , where they lay as warme and waxed as fatt as in theyr owne houses . and this now hath no need of answer , but that if m. barlow be not yet fa● , this were a good way to feed him , by lying in prison as they did , for some yeares , which is thought will neuer be for religion , come what religion there will. secondly he sayth , that ●or the subsequent yeares , he yeeldeth , that there was more rigour vsed , death being deseruedly drawne on ( to vse his words ) by the merit of treason , whervnto religion was made but a stawking-horse , and then citeth s. augustine in defence of the christian emperours lawes against heretickes . but first he doth not proue , or euer shall be able , any such demerit of treason to haue drawne on this rigour , but only by calumniation , which indeed is and hath beene the persecutors stawking-horse , to deceiue the simple , pretending one thing for another , thereby to oppresse the innocent : and secondly s. augustine alloweth indeed and commendeth the lawes of catholike emperours made for the temporall punishment of heretickes , a●ter they were condemned by the church . but what church was that ? and what catholicke religion , for defence wherof those catholicke princes in s. augustines dayes did make those lawes so commended by him ? was it the protestant church ? and was the religion thereof the protestant religion , or ours ? will m. barlow ioyne with me in this , which of our two churches and religions haue descended visibly from s. augustins church and religiō vnto our dayes ? can he deny that s. augustins church taught purgatory , prayer to sayntes , prayer for the dead , mas●e and sacrifice for the li●ing & dead , and many other articles now in controuersy betweene vs ? dare he stand to this triall out of s. augustines workes themselues ? and if he dare not ( as i know he dareth not , nor will euer accept thereof ) why doth he here prattle out of s. augustine , as though if he were now aliue agayne , he would allow the lawes of protestant princes made against that religion and church which himselfe defended while he was lyuing ? this then is another absurd shift of m. barlow to delude his reader . but there followeth another if not more absurd , yet at least lesse shamefast , for that the malice is more apparent . father persons , sayth he , who in the preface of one of his legends , commendeth queene elizabeth for her moderate gouerment , & that was in the last yeare of herraigne : and yet by the way , for the mans singular honesty , it is worth the nothing , that in one and the same leafe , hauing so commended her in one page ( marry then she was aliue ) in the very next page ( for then he heard she was dead ) in a preface to his maiesty he compares her to no other , but di●clesian for cruelty . thus he , and for that he citeth a booke that is in euery mans hand , to wit the first part of the three conuersions of england , and thereby his allegation is easy to be examined , i did magine that i should finde him very exact and punctuall in his assertion . wherefore i went to looke vpon the two pages of the selfe same leafe , the one written before the queenes death , the other after : but i could see no such matter so neere togeather , then comming back some foure or fiue pages , i found that which i suppose to haue giuen him the occasion of this fond cauill , for that the author hauing dedicated that booke to the catholiks of england , & in the epistle dedicatory layd forth at large the great af●lictions and tribulations which they had long suffered for that religion , he commendeth them for their patience , and loyall behauiour towardes theyr prince in all worldly affayres : vvhich course , sayth he , though it hath not escaped the calumnious tongues and pens of some carping aduersaries ( making all treason ) yet is it iustifiable and glorious both before god and man , where reason ruleth , and not passion . and i doubt not , but that t●e wis●dom● and moderation both of her maiestie and ●er s●● counsell i●●ll rather in this point p●nder y●ur owne facts , then your a●uersaries wordes . so there . where by is euident that the authour doth not commend queene elizabeth for her moderate gouerment towards catholickes , as this man sayth ( for that within fiue lines after he sayth , they haue passed so many yeares vnder the rod of sharpe afflictions : ) but only persuadeth himselfe that the wisedome and moderation both of her maiestie , and the counsell will stay them from condemning catholickes for treason vpon other mens words , rather then vpon theyr owne facts : which being but a particuler case , inferreth not , that father persons commendeth her for her moderate gouerment . nor is the other point true , that in a preface to his maiestie , he compareth her to no other , thē to dioclesian for cruelty . for that my wordes were these : here generally the applause is no otherwise , then it was in old time among the christians vpon the entrāce o● constantine into the empyre after dioclesian , and of iouinian a●ter iulian. nor is there any mention , or comparison of cruelty in that place : so as here neyther the leafe or page do● agree to his citation , nor the commendation of her moderate gouerment is found ; neyther the comparison of cruelty with dioclesian is extant ; nor is he only mentioned , but iulian also . doe you note how many defects of truth are discouered in so smal an allegation ? but after this again he commeth in with a great scorn against me , for saying , that our catholicke priests put to death by q. elizabeth dyed for religion , and were true martyrs : for that hauing life offered thē if they would renoūce the pope , and con●orme themselues to the present state of of england , they resused the same . and with this he maketh himselfe merry with diuers ies●es about the consequēce of this argument . wherunto i answere , that i alleadged diuers reasons , why our catholick priests dyed for religion , & not for treason . first for that no such treason could be proued against them , in the sense and iudgement of any indifferent man that was present at their arraignments , to wit of the one hundred and thirty that before i mentioned . secondly for that the publike registers themselues and histories , as iohn st●w , and others in their chronicles do● obiect no other treason to the most of them , but only being priests , & their taking of holy orders beyond the seas , which in no sense can be treason , no more then the confessing of the blessed trinitie can be made treason by the trinitarians in transiluania . thirdly for that they themselues dying did protest vpon their consciences , as they should be saued , they neuer meant treason in thought , word , or deed against queene elizabeth . and then ●ourthly for confirmation of this , i alleaged this other reason , so much scorned by m. barlow , they hauing life offered them if they would renounce the pope , & conforme themselues to the state , they refused the same : which he saith is a false and faulty inference , and i say it is very good and true , and that if m. barlow had any moderate skill of the case according to the rules ●yther of philosophy or diuinity he would be ashamed to say as he doth in philosophy , it being a common axiome , that omnis actus specificatur ab obiecto & fi●e , euery action is specified , that is to say , taketh his nature and essence from his obiect and end . as if a man should kill one to gayne his goods , this act hath both the nature of man-slaughter & theft , the first from the obiect , the second from the end or intention of the doer : which philosophicall principle being applyed to our case doth euidently proue that the choice of death in him that hath life offered , vpon conditiō he will doe some act against his faith , as going to the protestants church is esteemed by catholickes , though otherwise he were n●uer so great a delinquent before , is an act of martyrdome ; for that it hath both the obiect and the end therof : the obiect to wit death ; the end which is the profession of his faith . and so if we passe to consider the same by theology● which more properly treateth of this vertue of martyrdome , the controuersy will be made much more cleare , for that the word martyrdome being a greeke word● and signifying a testimony or bearing of witnesse ( as the word martyr signifyeth him that yealdeth testimony or be●reth witnesse ) euery testmony or bearing of witnesse is not meant by the word martyrdome , but only such a testimony as is giuen by dying for god in the defēce of some truth belonging to our faith , either expressely impugned or implyed in the impugnation of some other vertue , that containeth the sayd truth of our faith therin ; which last clause is added , for that a man may be a true martyr , though he dye not for any expresse article of faith or part therof , but it is sufficient that he dy for the defence of any one vertue , as chastity , obedience , iustice and the like , according to the saying of our sauiour : beati qui persecutionem patiuntur propter iustitiam : blessed are they that suffer persecutiō for righteousnes . and s. iohn baptist is acknowledged by all deuines for a true martyr , although he died for no article of faith , but for reprehending the incestuous marriage of king herod , with more libertie of speach and spirit , then any such prince-flatterer & base mind as m. barlow would euer haue done in the like case , if we may ghesse at his vertue by his writing . but to apply the former ground and vncontrollable principle to our present purpose in hand , whether these priests died for refu●ing the oath of the feminine supremacy , or for that they were made priests beyōd the seas , or ●or that they refused to come to your heretical seruice● ; certaine it is , according to the rules of catholicke diuinity , that they died for de●ence of their faith , or maintenance of vertue which is sufficiēt to iustify their martyrdomes , hauing so great warrant , and store of all manner of witnesses ●or the truth , and doctrine they suffered for , as might well in conscience assure them of the righteousnesse of their cause , and that they died for that religion in which all the princes and people of christendome for so many yeares & ages both liued and died . and wheras m. barlow impugneth this by two cases or examples , they are but so many arguments of his owne ignorance . let vs speake a word or two of them both . the first is of absolom , putting the case that he was an idolator , as well as a traitor , and that king dauid after sentence passed against him ●or his treasons would acquite him frō death conditionally , that he should renounce his idolatry , and that vpon re●usall he should be executed , shall we say ( sayth m. barlow ) that he died ●or religion , or for treason ? we will say , good m. barlow , that he died rather for false religion , that is to say idolatry , then for treason , and was the diuels martyr : and none i thinke can deny the same , vnles he be as ignorant as your selfe , as shall further appeare by the answere to the next example , which in effect is all one with this , to wit , that a yonger sonne should aspire his fathers death with hope to haue his riches , and that being condemned , his father should offer to saue him , if he would go to church and leaue his euil life of following queane● &c. shall ●e say ( quoth m. barlow ) that he is executed for his whore-domes , or for this par●icide against his father ? but here i would aske m. barlow , why he leaueth out going to church , which was the first part of the condition , and nameth only whore-domes ? no doubt but the honest man , would haue the staying from the church in catholicks , and whore-domes seeme to be companions . but now i answere to his question , that if he meane by refusing to go to church , such as is practised by catholikes , for conscience sake , and not to deny thereby the truth of the catholicke faith , which forbiddeth to go to hereticall churches , then dyeth he for the truth of his faith , and consequently he is a martyr . but if he choose to dye for loue of wicked life , and whoredome , it is no cause of martyrdome , and consequently he is the diuells martyr , as we said before of the idolator . but as for par●icide , cleere it is , that he cannot be sayd to haue died for it properly , as the immediate cause of his death , for that it was remitted vn●o him ; and their passed another election on his mind , to wit , that he would leaue his old life : so as ●or this he died propriè & proximè , properly , and immediately : and for the parricide only remotè & occasi●naliter , a far of , and as from that which gaue the first occasion of his death . what sayth m. barlo● to this ? doth not common sense teach it to be so ? and thus much for the death of those our catholike and innocent priests , whose death was pretiosa in con●●ecta domini , pretious in our lords sight , that died only for testimony of his truth ; which if m. barlow did as well see and feele , as queene elizabeth doth at this day , he would not so prattle as he doth . let vs see a little further . he bringeth in for proofe of the queenes mildnes an historiographer of genua called bizarrus , or bizarro , which in english signifieth a mad-cap , and he is brought in to tell vs certaine points of a mad-cap indeed , to wit , the great moderation of her mind , her in-bred clemencie , though himselfe be an out-bred : that she gouerned her subiects with exceeding great mildnes , abhorring from bloud , or putting any to death &c. which belike he writing in genua , knew better then english men liuing in england , who felt the smart in themselues , and others , whiles this man was out of the gunshot , and , as it is likely , well paid for his paynes : for syr horatio parauicino was able both for his credit , and wealth , to vndertake a greater matter then this . and for that you m. barlow , with m. sutcliffe and others do so often alleadge this bizarro , as an author against vs , it shall auaile much , both for your credits , and his , to tell vs where , when , and by what authority he was printed , for here in italy we can heare of no such worke , although some search hath bene made for him , which doubtles we should do , had he bene set forth in these parts , and therefore we thinke him to be no catholike writer , but of a bastard brood , and a mad-cap indeed of your owne making . besides that , how truly he writeth , not only all england , but all the whole world can testify : and to omit all other most cruell massacring and bloud-shed , the memory of the vnnaturall , and butcherly tyranny , executed vpon his maiesties mother , will remaine for a most rufull example to all posterity . but m. barlow not content with externe witnesses alleadgeth also domesticall , saying : your owne priests shal speake for queene elizabeths lawes : and then cyteth out of the book of quodlibets a certaine pathetical exaggeration in praysing queene elizabeth , and her lawes also against catholickes , which we esteeming to come from that good suggester ri. can. who suggested so notorious a lie vnto m. mort●n , as himselfe complaineth , & hath byn shewed in the late reckoning with him , we esteeme it accordingly , & do giue it the credit , that it deserueth ; which is nothing at all . and m. barlow is driuen to a hard exigent , whē he stoopeth so low , as to take vp these base raggs to blazon q. elizabeths prayses withall , which a wiser man would haue byn ashamed to alleage : especially knowing with what sorrow of hart the poore man that fathered that filthy worke , repēted him at his death therof , & asked of god & the iesuites pardon for the same , as before hath bene signified . of qveene elizabeths sicknes and death , and other things belonging thereunto . §. iii. after the former points of queene elizabeths lawes and executions therof made against catholikes , and catholike religion , whereby she made her selfe most odious both at home , and abroad to forrayne princes , yea to many protestant potentates themselues , that misliked such cruelty : i shewed , that as the naturall effect , and consequence in such causes is feare , diffidence , suspition , and vexation of mind : so grew the same vpon her very much in the course of her life , especially towards her latter dayes , when she was impressioned that not only priestes , and iesuites , who indeed did pray to god for her conuersion , but souldiars also , and captaynes , and phisitians did seeke her death , eyther by poysoning her body , saddle , chayre , seate , or somewhat else belonging vnto her , as the deathes of lopez , squier , & others doe testify , to all which m. barlow doth answere now , by running to certayne common places , and sentences , that proue nothing , but only that he hath bene more diligent then iudicious in gathering them out of authours , and applying them without pu●pose : for he telleth vs first out of salust , that ingenia regum sunt prona ad form●dinem , the inclination of kings are prone to feare . and then out of seneca , d●bia p●● certis solent timere reges : kinges are wont to feare th●ngs that be doubt●full for certayne , which in my iudgement maketh more for my purpose , then his . then he sayth , that it was not soe with queene elizabeth , for that carefull she was , fearefull she was not : wary she was , but not iealous : prouident , but not suspicious : wherin i referre me to them that knew her better then m. barlow , and to the effects themselues , which are the best witn●sses . and for that i sayd in my letter , that this griping passion of feare , and iealousy did force her to lay hands vpon the bloud of the most dearest in affection and nearest of kinted that she had in this life , as the earle of essex , and his maiesties mother : m. ●arlow comming to answer this poynt , sayth neuer a word , but passeth it ouer with mumme-s●lence : and no marueile , for he had sayd so much before , both for the earle , and against the earle , while the queene was a liue ( for him , in setting ●orth his excessiue prayses , and tryumph after cal●s voyage , when he hoped to haue preferment by him ; and against him , a●ter his d●ath , when the path of promotion opened it selfe another way , to wit by disgracing & infaming him ) as i thinke the miserable man knew not what to say , perswading himsel●e ( wherin i thinke he erred not ) that whatsoeuer he should say , no man would belieue or greatly care of it , and therefore sylence was the best . but for the thing it selfe , i meane the manner of his d●ath , i will not meddle : nothing doubting , but that so loose and exorbitant a life as he led , being alwayes accōpanied with crewes of goodfellow-ministers , that by life , and doctrine taught him that way of perfection in their trade , he deserued no better an end , then he receiued . and moreouer it may be also , that the state , and queene had further reasons to moue them to seuerity against ●im , then euery man knoweth : although with the queenes owne person he was thought to be further engaged for speciall ●auours receyued , then that vpon the suddayne he could fall to hate her , and seeke her destruction , and so he protested at his death : though this bloudy sycophant in strayning his actions , thoughts and intentions after his death at paules crosse ( wher in a mā may discouer supereminent malice issuing out of the roote of ambition ) leuelled all his speach to that end , to styr vp and confirme iealousy in the queenes mynd , that they two could not liue togeather , and therefore in the end of his sermon extant now in print , he left thirteene most spightfull recordes to be borne in memory , whereof the sixt is in these wordes : hi● li●e a danger to the queene , marke that . which wordes of , marke that , are not adioyned to any of the other recordes : whereby it is euident , that , that was the butt wherat he shot , and may probably bee ghessed , that as , ladron de casa , one wholy depending of him , and knowing his secret intentions , was vsed before to beate this poynt secretly into the queenes head , while the other was aliue , which after his death he pre●ched so publikly . and no man doubteth , but that if his maiestie , that now is , whome he so highly flattereth had then come in his way , and that it had as well layen in the queenes power as it did in her desire to equall his fortune with his mothers , for her owne greater safety : this fellow would as eagerly haue runne vpon the same theme , as he did then against the earle , to wit , that the king of scotlandes life had bene a danger to the queenes life of england , and would haue sayd also , marke that . nay he would confirme it with the saying of tacitus , which here he doth alledge , for iustifying his mothers death , suspectus semp●r in●isusque dominantibus quis●●e proximu● aestimatur . he that is next in succession to a principality is alwayes suspected , and hated by him that is in possession . vpon which ground m. barlowes eloquence would quickly haue drawne forth some probable argument of likely danger to the queenes life , if the other were permitted to liue , and consequently consulen●●● securitati , it is good to make sure . i will not stand to discourse what he would haue done in such a case , if it had fallen out for his purpose , for that may be presumed by that which he did , which was to scan the sayd earles actions , wordes , driftes , and intentions , with as much malignity , as euer lightly i haue noted in any , to make him odious to the prince , state , and especially to the cittie of london , which ●e knew to be well affected vnto him , & therfore his thirteenth and last record was to the sayd cittizens there present , deliuered in these words : hi● hard opinion and censure of your basenes , and vnfayth●ullnes to th● que●ne : which manner of sycophancy himselfe con●esseth in a preface afterward to the reader , did so much displease the mayne● ( to vse his word ) as if he had with ananias lyed to the holy ghost , or preached his owne damnation : others gaue out that he was strooke suddaynly with a dredfull sicknes : others ( sayth he ) with more virulence , though with lesse violence , for penal charge , frame matter of hard iudgement out of the discourse it selfe : first in generall , that i haue broken the canon both of religion and law , in reuealing a penitents confession , which was with remorse , and priuate &c. secondly in particuler , because in one part of my preface i sayd , that i was not a penny the richer , nor a step the higher for the earle , albeyt i celebrated his glory at the crosse for cales victory , and therefore hence they cōclude , that i now speake of splene , and preach for rewardes . thus farre m barlow testyfieth of the peoples iudgmēt cōcerning him , & his iudgemēt of the earle of essex : wherin he being so much interessed , as now you see , no meruaile though he passed this point with silence . let vs see what he sayth to the other cōcerning his maiesties mother , and her making away . first he beginneth with a common place as before i mentioned , saying : if iealous suspition and feare extend it selfe to any ; it commonly alights vpon the heyre apparent or the successour expected . and for proofe of this he citeth the wordes of tacitus before by me alleadged . and how litle this maketh to his purpose for excuse of the matter euery meane-witted-reader will cōsider . he goeth further therefore , saying : that as be●ore this censurer brought in the mother of his maiesties father for a parallell to the powder-treason : so he reckoneth now for one of queene elizabeths miseries , the death of the queene his maiesties mother . wherto i answere first , that the parallel was iust , as to me it seemed : for that as this treasō was designed by powder , so that of his maiesties father was both designed and executed . and as this was done by catholickes , so that by protestants : only this happy difference there was , that wheras the other had effect , this had not . and secondly i say , i did not reckon the death of the queene his maiesties mother for a misery of queene elizabeth , if w●e respect the effect it selfe , for that i doubt not , but that the sayd queene elizabeth did hould it for a felicity to be able to achieue it : but i hould it for an infelicity , in respect of the cause that forced her vnto it , which was miserable feare , iealousy , and suspition . but what inference doth he make of this thinke you ? let vs heare him vtter it in his owne words : vvherby ( sayth he ) the reader may iudge , how he would vse hi● maiesties owne fame , if he were gathered to his fathers , when he is glad to alleadge soe vnsauoury examples of both his parents . what sequele or consequence is this ? for that i doe with compassion and detestation of the facts make mention of both theyr murthers procured , and executed by people of m. barlows religion , therefore i would vse euill his maiesties ●ame , if he were gathered to his fathers . what coherence is there in this ? or whereof doth this consequence sauour but of folly only and malice ? but yet he passeth on to a further poynt of defence , for this hath none at al , as you see . that renowned queens death ( sayth he ) was a misery indeed to this whole land , and the most in●●leble blot that can be recorded of this countrey . doe you see that now he calleth her renowned , against whom in their ordinarie books and sermons they did vse in those dayes , the most vilest and basest speaches that could ●e applyed to a woman ? doe you heare him say now , that in deed her dea●h was a misery to the whol● land ? doe you heare him tell vs , that the blot thereo● is indele●le ? vvould he haue spoken so in his saint queenes life time ? this fellow is no time-seruer you may be sure . vvell this is hi● confession . let vs heare his excusation , ad excusandas excusationes in peccato . but , sayth he , that our late soueraygne was abused therein , and that wicked act committed before her knowledge therof , besides her notable expressing of her owne grie●es when she heard o● it , other sufficient proofes haue fully resolued all hon●st men hereof . so he . and i trow hee meaneth honest men of his owne honesty , that will admit for sufficient , any proo●es for the making away of any , without scruple , that stand in theyr light . but was queene elizabeth abused therein ? vvas the act of cutting o● the head of queene mary of scotland a wicked act ? vvould m. barlow haue called it so in queene elizabeths dayes ? that it was commited before her knowledge ? durst any man in her dayes ●ut to death a kitchin boy of her house , much lesse of her bloud , without her knowledge , approbation , and consent ? did she make so notable a demonstration of her owne griefes which she had therof ? what demonstration was this ? wherin did it consist ? did she shed teares ? did she vest her selfe with s●ckloth for the same ? did she put any man to death , any of the doers or counsellours therof ? and if not , what sufficient proofes , & notable expressing of her griefes doth this minister meane ? what mourning garmentes were there seene throughout the whole court , for this fact ? what signe of sorrow , and publick affl●ction ? of her mother , it is written , that when she heard o● queen dowagers death , she mourned in yellow sattin with gould l●ce : what apparell queene elizabeth did mourne in for queene maryes death by her selfe commanded , i read not : but that then as the cause wa● somewhat like of both theyr ioyes , both of queene anne and queene elizabeth , mother and daughter by the fa●l of their aduersaries , it is probable also that their mourning habits were not vnlike . but in truth when i doe consider the circumstances of that lamentable and vnheard of bloudy action , that a queene of that nobility , so honourably borne & brought vp , a queene of two so great kingdomes , and heyre apparent to the third , comming into the realme vpon assurāce giuen , hauing no obligation of subiection , nor being lyable to any corporall punishment by the lawes , eyther of nature or nations , beeing equall and no wayes subiect , and if she were guilty in any thing , yet can it not be pre●umed to haue bene more then the seeking of her owne liberty , being vniustly deteyned , which is permitted both by diuine and humane lawes : yet notwithstanding , after soe many yeares of afflictions in restraint and pr●son , to be brought to a blocke , and to be forced to lay d●wne her necke at her commandement , whome shee allwa●●s esteemed vnequall to her selfe , and to haue her he●d cut of as the poorest woman that liued , by the common hangman , seemeth to mee to be one of the most pittifull spectacles that hath happened in chri●●endome , since that christianity beganne : especially she hauing so potent and able a prince regnant at that time in so warlike a nation , and so neere as his maiestie was . but let vs see what m. barlow sayth to this , for it foloweth immediatly vpon his former words : and since that ●ime , sayth hee , our now soueraigne that had the nerest interest in that errand , was long agoe satisfied by her maiesties owne purgation . but i would demand of m. ba●low , what ingredients there were in that purgation , he talketh of colloquintida a little before , but i will not stand with him about apothecary-druggs , but this i say , that exept the purgation of queene elizabeth concerning his maiesties mothers death , had for ingredients these three things , first confession of her iniustice in that act : then sorrow and contrition for the same : and thirdly offer of satisfaction , i must needes say as god by the pro●het ●eremy sayd to ierusalem : silaueris te ni●ro , & mul●iplicaue●is ti●i her●am borith , macu●ata es , & in iniquitate tua coram me , dicit domi●us . if thou sh●lt w●sh thy selfe with ●alt-peeter , and multiply neuer soe much the herbe borith , thou art defiled with thine iniquity before me , sayth the lord god. but his maiestie , sayth m. barlow , was long agoe satisfied with that purgation . that may bee out of prudence , ●o● the causes that euery wise man will gh●sse , the times standing as they did . yt may be also that his maiestie meaneth to follow the wisedome of king dauid , who left somthing in this kind to be done by his sonne , which sure i am , that if his maiestie were but three moneths abroad in the world to heare what is talked in other princes courtes and countreys , he would exact perhaps a larger satisfactiō about this matter . now thē to speake briefly of queene elizabeths death , which of purpose for some pages i haue ouerslipt , to treat of these premises now handled that went before it : i sayd in my letter , that after so long a life in such worldly prosperity●s , pleasures and iollityes , as hers had bene , it was a pittifull death to depart from this world to eternity with so little preparation or mention of god , as she is reported to haue vsed , wherof i sayd that i had seene a relation of a person of worth , that was present at all her sicknes and death , and had written the same not long after her buriall , which i sayd then i would passe ouer for breuities sake . but now , for that i am so much vrged thereunto by m. barlow , i meane to impart with the reader the greatest part of the sayd narration , though not all , for sundry respects , but without any addition of matter from my selfe , as most sincerely i doe protest . but first let vs heare what m. barlow sayth to that which already i haue written before . first he sayth , that if queene elizabeth at the first assault of her sicknes were silent , and solitary , phisicke will ascribe it vnto the nature of melancholy diseases &c. then , ● hat reason would interprete , that as ●he in refusing peremptorily her bed , did shew her princely resolution , stantem mori , to dye standing ; so christian charity would inferre her retired silence to be a with-drawing of her mynd from her senses , for a more serious meditation or her by-past lyfe , and future state . behould heere m. barlowes spirituall rhetoricke or rhetoricall spirituality , that can make madnes meditation , and silence or rather dumbnes vpon melancholy to be a voluntary withdrawing of the mind from her senses . indeed her by-past life , and future state were matters that required deep meditation , yea contrition also and teares , if wee will belieue saint augustine , who both wept hartily , and repeated often ouer the penitentiall psalmes when he lay on his death-bed : and further said , as possidius relateth in his life , that no man ought to goe out of this life without pennance , if he hath time to procure it : but alas it seemeth that queene elizabeth was not in that state of mynd or sense to procure it , or to accept of it , if any man had offered the same vnto her . as for the other particulers , what she answered to her doctor of phisicke , that she did meditate ; that she did lay her hands vpon the head of doctor vvhitguist archbishop of canterburie kneeling by her , and saying amen to his prayers , and sayd vnto one of her ladyes wayting vpon her , that her mind was little of from god , and so gaue vp the ghost &c. all this i say , for that it is much different from the faithfull relation of the aforesayd worthy person which was present and wrote the story , as an eye-witnes , which m. barlow doth not , i shall remit my selfe and the reader to the sayd relation , which is this that ensueth . her maiestie being in good health , one day a priuy counsellour presented her with a peece of gould of the bignes of an angell , dimly marked with some small characters , which he sayd an old woman in vvales bequeathed her on her death-bed , and therupon he discoursed , how the sayd old woman by vertue of the same , liued to the age of an hundred and od yeares , and in that age hauing all her body withered , and consumed , and wanting nature to nourish , she died , commaunding the sayd peece of go●ld to be carefully sent her maiesty : all●aging further , that as long as the sayd old woman wore it vpon her body , she could not dye . the queene vpon the confidence she had thereof , tooke the sayd gould● and wore it vpon her ru●fe . now though she fell not suddainly sicke , yet daily decreased her rest , and feeding , and within few dayes fell sick indeed , and the cause being wondred at by a lady with whom she was very priuate and confident , her maiesty tould her ( commaunding her to conceale the same ) that she saw one night in her bed , her body exceeding leane , and fearfull in a light of fire . this sight was at vvhite-hall a little before she departed from thence to richmond , and may be testifyed by another lady who was one of the neerest about her person , of whom the queene demaunded whether she was not wont to see sightes in the night , telling her of the bright flame she had seene . afterward in the melancholy of her sicknes she desired to see a true looking glasse , which in twenty yeares before she had not seene , but only such a one as was made of purpose to deceaue her sight , which glasse being brought her , she fell presently into exclayming agains● them whic● had so much commended her , and tooke it so offensiuely , that some which before had flattered her , du●st not come into her sight . now falling into extremity , she ●ate two dayes and three nightes vpon her stoole ready dresl●d , and could neuer be brought by any of her counsell to go to bed , or to eat or drinke : only my lord admirall one time perswaded her to drinke some broath , ●or that any of the rest she would not answere them to any question , but sayd softly to my lord admiralls earnest perswasions , that if he knew what she had seene in her bed , he would not perswade her as hee did . and comaunding the rest of the lords to depart her chamber , willed my lord admirall to stay , to whome she shoo●● her head , and with a pittifull voice said vnto him . my lord , i am tied with a chaine of iron about my n●eke : he alleadging her wonted courage , she replied : i am tied , and the case is altered with mee . about the same time two ladies waiting on her in her c●āber discouered in the bottom of her chaire the queen● o● hartes , with a nayle of iron knockt through the forehead of it , the which the ladies durst not then pull out , remembring that the like thing was reported to be vsed to other , for witch-craft . another lady waiting in these times on the queene , & leauing her asleep in her priuy chamber at richmond at the very first distemper of her sicknes , met her at she t●ought , three or foure chambers of , & fearing that she would haue byn displeased that she le●t her alone , came towards her to excuse her selfe , but shee vanished away : and when the lady retourned into the same chamber where she left the queene , she found her asleepe as before . so in time growing past recouery , hauing kept her bed some daies , the counsell sent vnto her the bishop of canterburie & other of the prelates , vpon sight of whom , she was much offended , cholerikly rating them , bidding them be packing : & afterwardes exclaymed to my l. admirall that ●he had the greatest indignity offered her by the archbi●hop that a prince could haue , to pronoūce sentēce of death against her , as if she had liued an atheist . and some lords mentioning to haue other prelates to come vnto her , she answered that she would haue none of those hedge-priests & so none of them came to her , till after she was past sense & at the last gasp , at which tyme some praiers were said not farre from her . the queene being departed this life , the lords of the counsell went to london to proclaime his maiesty , leauing her body with charge not to be opened , such being her desire : but some for some reasons hauing giuen a secret warrant to the surgeons , they opened her , which the rest of the counsell did not contradict . now her body being seared vp , was brought to vvhite-hall , where it was watched euery night by six seuerall ladies : who being all about the same , which was fast nayled vp within a board-coffin with leaues of lead , couered with veluet , it happened that her body brake the coffin with such a cracke , that it spleated the wood , lead , and cerecloth , to the terror and astonishmēt of all that were present : wherupon the next day she was fayne to be new trimmed vp , in so much as all were of opiniō , that if she had not byn opened , the breach of her body would haue byn much worse . diuers other particularities , ●or that they cōcerne speciall pe●●onage● , i haue thought good for some causes to conceale . and this narration i haue byn forced to set forth , to auoid the calumniation of m. barlow , who saith vpon my first words , in the letter to my friend : this is another ies●●●icall tricke , as well in matters histo●icall , as o● doctrine , to ●ra●e it out with an impud●nt tale : but aske thē for their author who saith it , then ansu●●er is like the c●clops c●y in homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nobody , nobody . but we say cōtrary to the cyclops , somebody , somebody , or rather many lodies togeather : for that in this point i haue the original by me , & haue shewed it to many men of grauity & iudgmēt , though it be not cōuenient to declare the name of the relator for this present to m. barlow , for more causes then one . and as for his general slaūder & con●umelies which he though good he●● to cast in , that it is a iesuitical trick , as well in matters historicall as of doctrine , to braue it out with an impudēt tale , the assertiō therof must needs ●hew his impudency , if he doth not proue it with some examples , as he neyther doth , nor can : but how often i haue don it against him in this book , the reader hath partly seene , and will more before wee end . and the two late bookes published , to omit all other , the one , the sober reckoning with m. morton , the other , the search of m. francis vvalsingham , one of their owne religion , do so put them to the wall in this matter of lying and falsifying , as if m. barlow be able well to answer those two bookes , and satisfy substantially for the mayne and huge number of falsities therin obiected , and demonstrated , it shall not be needfull for him to trouble himselfe any more to answer this my booke , for i will take my selfe satisfied by the satisfaction giuen to them . and thus now hauing buried q. elizabeth & brought her body to rest for a time ; would to god we might hope the like , both for body and soule eternally , & christ iesus our sauiour knoweth how hartily & sincerely i do desire it , without any worse affectiō towards her then harty cōpassion , notwithstanding all the outcryes & raging exclamations made by this intemperate minister against me for the contrary , to wit , ●or malice , and hat●ed against her and for iudging her before the tyme , against the prescription of the apostle s. paul , which i haue not done . for gods iudgements are secret , & cannot absolutly be known in particuler before the last day , when according to the scripture all shal be made mani●est , so far as it shal be conuenient for men to know . but yet in this lyfe men also may giue a ghesse , and take notice according to our present state of many things , how they are to fal out afterwards , as s. paul doth often repeate , and affirme most resolutly , that such as shall commit such and such delicts , as he there recounteth , shall neuer attayne to the kingdome of heauen , but be damned eternally , according to their workes , as loose life , murthers , fornications , adulteryes , sectes , schismes , heresies , and the like . and if one should see , or know some persons to commit all these sinnes togeather , or the most of them , & so dye without contrition , or pēnance for the same to his knowledg , might not he by good warrant of s. paul affirme , that in his opinion they are dāned ? nay doth not s. paul giue this expresse liberty of iudging to his scholler timothy , & by him to vs , when he saith as before also hath bene noted , quorumdam hominum peccata mani●●sta sunt , praecedentia ad iudicium : quosdam autem subsequentur . the sinns of some men are manifest going before them vnto iudgmēt , and others haue their sinnes following them . so as i● eyther before their death or after their death , whē the particuler iudgment of euery soule is to be made , any mans gri●uous sinnes be made manifest , there is no doubt but that men may iudge also in a certaine sort , or at least make to thēselues a very probable and likely coniecture of the miserable state of that party : yea more thē a cōiecture , if the church should censure him for any great sin cōmitted● & d●ing a●terwards in the same without due repētāce , which is wont to be declared by denying vnto him christian burial , as when they murther themselues , & the like . but aboue all , when the said church doth cut of any body by excōmunication from being any more a member thereof , for schisme , heresy , or other offence of this quality , a man may make iudgement of his dānation , yea must also : for then is he in the case whome s. paul affirmeth to be s●buersum , subuerted by heresy , that is as much , to say , turned vpside downe , or pluckt vp by the rootes , & proprio iudicio condemnatum , condemned not only by the iudgment of the church , but also by his owne iudgmēt in like manner , when he cōmeth to answere the matter : for that being bound to follow the direction of the church , he became haereti●us homo , as the apostles words are , that is to say , an heretica●l man , one that out of choice or election would ne●des follow his owne iudgment . this point then that a man or woman dying in the excōmunication of the known catholicke church , may be pronounced to be damned , and cannot possibly be saued ( albeit their liues were otherwise neuer so good and apparent holy ) is a thing so generally , earnestly , and resolutely affirmed , and incultated by the ancient fathers of the primitiue church , that no man can doubt of it , without pertinacity or impiety . for s. cyprian that holy bishop and martyr doth treat the same largely in diuers places , saying first , that an hereticke or schismatike that is out of the church cannot be saued , though he should shed his bloud for christ , inexpiabilis culpa , quae nec passione purgatur : it is an inexpiable synne ( to be an hereticke or schismaticke ) that is to say , not euer to be forgiuen , nor can it be purged by su●fering for christ himselfe . and againe he sayth , that such a man can neuer be a martyr though he should dye for christ ; nor yet receiue any crowne for confession of christian fayth , euen vnto death : which death , saith he , non erit ●id●i corona , sed poena 〈◊〉 : it shall not be a crowne of fayth , but a punishment o● per●idiousnes . and many other like places and s●yings he hath , which for breuity i omit : wherin also do coacurre with him , the other ancient fathers that ensued after , and namely s. augustine in many parts of his worke● : in particuler , where he saith against the donatists , that neither baptisme , nor martyrdome profiteth an heretike any thing at all , which he repeateth o●ten times : and in another place he saith : if thou be out o● the church , thou shalt be punished ●ith eternall paines , although thou shouldest be burned quicke for the name of ch●ist . and yet againe the same father : here●ikes d● sometimes brag , that they do giue much almes to the poore , and do su●●er much for truth , but this is not for ch●ist , bu●●or their sect. ●●oke for whom thou sufferest , quia for as mi●●us es , ideo miser es , ●or that thou art cast sorth of the communion of the church , therfore art thou miserable , whatsoeuer thou doest or sufferest otherwise . for harken to the apostle , saying to himselfe : i● i should giue all that i haue to the poore , and deliuer my body to the ●ire , without ●harity i am nothing : he that is out of the church , liueth out of chari●y . and let the reader see more of this in s. a●gus●ine , serm. domini in mome cap. . & lib. . contra petilianum donatist . cap. . lib. . contra gaud●ntium cap. . & in conc. de g●stis cum eme●●●o , where he hath these words : i● vnto an heretike that is out o● t●● church , it should be said by an enemie of christ : off●r vp sacrifice to my idols , and adore my gods , and he in refusing to adore , should be put to death by the sayd enemy of christ for this fact : yet shall ●●le damn●d and not crowned . i pretermit in this matter s. chrysostome hom . . in ●●ist . ad e●●es . s. pacianus bishop of barcelona , that liued s●m●what be●ore him epist. . ad s●mpronium , s. fulg●ntius t●at liued the next age after lib. de fide ad p●trum cap. . whose wordes are these , spoken with a vehement spirit , and some men ascribe them to s. augustine : firnassime tene & 〈◊〉 dubi●●s &c. do thou hould ●or most firme and certayne , and no wayes doubt , but that whosoeuer is an hereticke , or ●chismaticke , and therby out of the church , t●ough he be baptized in the name of the father , the s●nne , and the holy ghost , do neuer so good workes , giue● n●u●r so ●●ch almes , no though he should shed his bloud for th●n● m● o● christ , yet can he not be saued . well then this is the maior proposition , no christian man or woman , though of neuer so good life can be saued ●ut of the vnitie of the knowne common catholicke church , nor in that vnitie without good life ; especially if he should die in any of these sinns mentioned before by s. paul , that goe b●fore or follow him to iudgement . the minor proposition is , that q. elizabeth is noted most grieuously in both these kinds : ergo , there may be a iust feare of her euerlasting damnation . neyther doth this preiudice almightie god his extraordinarie mercies to whome he listeth ; we speake here of the ordinarie way of saluation reuealed vnto the church , and in that sense onely shal be sayd somewhat to the minor proposition , wherin standeth the cheife moment of this our question . that queene elizabeth was excommunicated by name by two or three bishops of rome , whome we hould for supreme heades on earth of the knowne catholike church , no man can deny : that she was likewise excommunicated by con●equence , though not by name , by the general councel of trent , in all t●ose canons & anathematizations which were made against protestants for their doctrine , which she also held , no mā can doubt of : as neither but that she was cōprehended in all the cases that touched her faith or actions in bulla coenae , euery yeare repeated and pronoūced against heretikes , schismatikes , & vsurpers of ecclesiasticall power , and authority , whereof she auouched herselfe to be head in her owne kingdomes . and now that this externall visible church called catholike , and knowne by that name throughout the world , aswell by friends as enemies , which s. augustine sayth is an argument that it is the true church indeed , is the selfe same visible church , that was in the foresaid fathers times , and visibly deduced by succ●ssion from their dayes to ours , is so manifestly to be proued , as no man can with reason deny the same : and consequently if it were so certaine a damnation to be excommunicated , or put out of that church , as now you haue heard the said fathers to affirme , then is it soe now a●●o , and then go●th hard the case of queene elizabeth , as you see , for that it is not knowne that she was euer reconciled , or taken into the sayd church againe . and as for the other point , concerning other sinnes , meant or mentioned by the apostle , as on the one side i will not take vpon me to determine what , or how many or how great she committed : so on the other , considering the frailty of mankind , the temptations of the triple enemie , the world , the flesh , and the diuell , the many occasions she had in her free state of life to fall into sinne ; and that in the space of foure and fourty yeares at least , after the entrance to her crowne , she neuer vsed the ordinary help of ancient christiās for purging her soule , which the foresaid fathers doe teach vs to be not onely contrition , but also sacramental confession , & absolution of the church : her state , i say , being this , it must needs follow , that so many as belieue and acknowledg this sacrament of the church to be necessary to saluation , when it may be had yea is c●mmaunded by the sayd church vnder paine of censures to be reiterated euery yeare once at least , if not oftener , that this woman neuer making the same , and dying in that state , cannot be saued according to the iudgment of all those that belieue & follow that church that condemneth her : which church being spread throughout the whole world , as it was in s. augustines time , and hauing obtayned the same priuiledge which he tooke to be sufficient to demonstrate the true church , to wit , that she is knowne by the name of catholicke , both to friends & enemies , true christians and heretickes , according to the common sense of men ( for he proueth that neuer heretical congregation could obtayne to be so much as called catholike , throughout christendome , or to be knowne by that name ) this thing , i say , being soe , we see what a dreadful preiudice this may appeare to be against the euerlasting saluation of queene elizabeth . for if there were so great & mayne a difference betwene bodily phisitian●● both for number , skil , experience , antiquity , and authority about the temporall death of any prince , as there is here in all these qualities betweene the spirituall phisitians of christendome catholike , and english protestants , concerning the eternall death of queene elizabeths soule , to wit that so many more temporall phisitians in number without comparison , so much more learned , so much more experienced in corporall phisicke , as the other exceed them in spirituall : yea further , and that they had so many deadly symtomes , chry●es , and prognosticons con●●med out of the authority of hipocrates , gal●● , and other ancien● phisitians , all tending to mortality , as the other haue out of the doctrine , iudgment , and perpetuall practice both of the said church , and holy ghostly fathers of the same , fo● queene elizabeths euerlasting death : i doubt nothing but that the sayd princes temporall life , would be held for very dangerous , or rather his death were very probable . neither did i say any more of the spirituall death of queene elizabeth most likely to accompany her corporall . i beseech the mercie of almighty god that it be not soe . and here i might adde also another plaine & familiar proofe , out of the said ancient fathers , and namely out of s. augustine , to the end we may see how his church did agree with ours , or rather the vniuersall known : catholicke church in his dayes , with that church that hath the same name & notes in ours . for besides that number of authorities which i cited out of him before , as agreeing with other fathers , that it is impossible for an heretick , schismatick , or an excōmunicated person , dying in that state to be saued , he goeth further in an other place into more particulers ; for being required by his freind quod-vult-deus to set downe vnto him a briefe catalogue , or enumeration of all the particuler heresies , that the catholicke church had condemned , from the beginning of christianitie vnto their time , or did hould for heresies in those dayes ; he set downe aboue fourescore , and added in the end , that if any man should professe , or belieue any of those heresies , or any other that had , or s●ould spring vp , he could not be a christian catholicke ; and consequently neyther be saued , but euerlastingly damned . now in this catalogue or booke of heresies ( which was also gathered vnto their dayes by philastrius , and s. epiphanius before him ) s. augustine setteth downe for damned heresies some that queene elizabeth did manifestly ●ould , and so was thought to hould , and for any thing that we know , died in the same , as namely those heresies of the hereticke aërius , that solemne fasts appoynted by the church were not to be obserued , but euery man or woman to fast when they would , least they should seeme to be vnder the law . so sayth that hereticke . and then ( which maketh most to our present purpose ) that prayer and sacrifice were not to be offered vp for the dead , nor did profi● them any thing at all , vpon which later poynt i am induced to make this ensuing consideration . s. augustine in his nynth booke of conseffions recounting the story of his iourney from millan to rome , and from thence to africa his countrey , in the compaine of his mother , a holy widdow named moni●a , sheweth how they comming to the port of ostia , where they were to imbarke , his sayd mother fell grieuously sicke , and after some dayes of sicknes departed this present li●e : and for testification of her great sanctitie , the sayd doctor recoūcounteth many of her godly speaches vttered before her death , and amongst other sh● earnestly recommended vnto him and other there present , that shee might be prayed for at the altar in time of sacrifice , which s. augustine not only performed himselfe , but in the same place most hūbly desireth all those that shall read his wordes , to pray both for the soule of his sayd mother , and likwise for the soule of his father dead long before , named patricius . now then haue we the testimony of s. augustine , & by him also of all the catholike church in his time ( for that he was neuer noted of errour eyther for thus writing , or thus doing : ) first that aërius was an heretick , and consequently damned for holding that prayers & sacrifice were not to be offered vp for the dead . secōdly we see by the fact of the holy widdow , that , that was the cōmon sense of the vniuersall church in her dayes , for that she hauing liued first in the catholick church in afria , & then vnder s. ambrose in millan , and sometime also in rome , she would neuer haue demaunded this office to haue byn done for her soule after her death , if it had not byn the common known practice of the vniuersall church in her daies : neither would her learned godly sonne h●ue permitted it , & much lesse performed the same himself , and intreated others to do the like , wherof it seemeth i may well inferre , that if 〈◊〉 were damned for teaching the contrary doctrine , then is m. barlow in great danger of damnation ( if he repent not ) for defending the same doctrine . and if s. monica & s. augustine her sonne may be thought to be saued , that both belieued & practised prayers , and sacrifices for the dead , then hardly can be saued queene elizabeth with her chaplin m. barlow ( except he change his opinion ) that neither practice or belieue that doctrine . i remit me to the carefull reader , what force there is in this argument . of the flattery and sycophancy vsed by divers ministers to his maiesty of england , to the hurt and preiudice of catholicke men , and their cause . chap. iii. as during the life of queen elizabeth one great witch-craft of ministers was , for bringing her asleep in the bed of careles security , to intoxicate her braine with excessiue praises , and immoderate adulations : so , sayd i , they attempted to do the like with his maiesty that now is , indeauoring to incite him dayly more & more against catholiks , & their religiō , by pretence of zeale towards his state & persō , which no waies would they haue him belieue that catholicks did loue or fauour . and in this poin● i did mention in particuler t.m. the yonger , of whome i was credibly informed , that his custome was by reason of his place neere his maiesty , at the time of repast to iniure catholicks that were absent , either by false relating their doctrine , or miscōstruing their actiōs , or alleaging & shewing forth some places out of their books , that may seeme preiudiciall agains● thē , being taken at the worst , & without due interpretation . my words at that time were these . vve doe verily perswade ourselues , that if his highnes had bene left to himselfe , and to his owne royall nature , & noble disposition in this point ( as queene elizabeth was wont to say of her disposition in religion ) we had tasted indeed much of this his great humanity ; and so we began for somtime , but being preuented and diuerted by the subtile working of this and other such ministers , as desired to draw bloud , and to incite his maiesty against vs , we hauing no place to speake for our selues , no admittance to be heard , no effectual intercessour to interpose his mediation for vs , no meruaile , though we were cast of , and do indure the smart . and i doe name this minister ( t. m. the yonger ) in the first place among the rest , for that it is commonly sayd , that his whole exercise is sycophancy and calumniation against men of our profession , be they strangers or domesticall , and that among other deuises he hath this , that euery time his maiesty is to take his repast , he is ready either with some tale , iest , scoffe , or other bitter lance to wound vs absent , and that he hath euer lightly some book & page therof ready to read to his highnes , somewhat framed by his art to incense , or auert his maiesty more , eyther in iudgement or affection , or both , and therby to draw from him some hard speaches , which being published afterward by himselfe , and others , do serue to no other end , but to gall , and alienate min●es , and to afflict them that are not suffered to giue reason for themselues , & that is the seruice he doth his maiesty in this exercise . and now vnto this let vs see how m. barlow beginneth to frame his answere : is not this ●ellow truly can is in praesepe ( saith he ) that can neither speake well himsel●e , nor indure that vertue should haue her due commendation by others ? he m●an●th concer●ing the praises of his maiesty , which he would s●y that i can neither vtter them of my selfe , nor suffer others to do the same , & yet within a few lines after , finding me to haue yelded vnto his maiesty sūdry worthy due praises , he is forced to run to the quite contrary extreme , of reprehending me for it , saying : vvheras this iudas cōmendeth his maiesties great humanity , royall nature , and noble disposition , so did the diueth con●esse christ to be the sonne of god , but their conclusion was withall quid tibi & nobis ? what haue we to doe with thee ? so he . and is not this humor of malicious contradicting verie fit for the diuell indeed , who therof hath his name of sathan ? in the former lines he sayd , that i would neyther prayse his maiesty , nor suffer him to be praysed , and here he compareth me to the diuell for praysing him ; and yet goeth further , saying● that his maiestie may demaund , what euill haue i done this day , that so bad a fellow as this is , should speake so well of me ? so as whether we speake well , or hould our peace , still we must be blame-worthie . and this also is a principal point belonging to the prof●ssion of parasites , if you marke it well , to admit noe concurrence of their aduersaries , in honouring that prince ( though neuer soe sincerely meant ) whome themselues alone by their exorbitant adulation do meane to possesse . let vs see what generall ground our antagonist here m. barlow , that seemeth indeed to be an egregious craftsman in this occupation , doth lay vs down to defend himselfe from the imputation of flattery , for this he is wont to do full wisely , whē he meaneth to build somwhat theron . flattery , sayth he , cānot be without touch of both parties , because none vse to ●latter , but such as haue no other meanes to aduance themselues , and none loue to be flattered but those which haue no true vertue to commend themselues . which ground hath two partes as you see , and both of them most euidently false . the first , for tha● otherwise none but poor men should be flatterers , wheras rich men may performe the same office , and do also often tymes more then others , eyther for increasing their riches , or preseruing that they haue , by the grace of the prince , whom they flatter , or for to hurt others . the second part also is false , for that men endued with many great vertues , may delight to hear themselues praysed , and their vertues acknowledged , though in their hartes perhaps ( if they be wyse and vertuous indeed ) they do scorne the prayser , when they vnderstand , that he doth it out of adulation for his owne gayne , or to hurt others . for it is to be considered that the nature of adulation which consisteth in excesse of desire to please , and delight the person which is flattered , doth not alwayes require that the thinges themselues should be all false that are spoken in such adulation , but it is sufficient there be excesse in the measure or manner of vtterance , or in the time , place● and other such circumstances . for i● a prince for example , had a good leg indeed , for one to tell it him often & openly in all places & occasions , and still to bring in speach of good legs , as some wil say the custome was to flatter a certain earle when he was yonge , in our english court ; this should be base flatte●y of it selfe , though the subiect were true . but if here withall the flatterers intention should be to gayne vniustly , or to hurt any man iniuriously therby ; then should it be malicious and damnable flattery . and now whether also these circumstances did concurre in the flattery of m. barlow , & his fellowes towards queene elizabeth , when she was aliue and towards his maiesty that now liueth , i will not stand much to discourse : only i am sure , that the last circumstance , which of all other is the worst , to wit , of hurting catholickes , neuer commonly fayled . so as we may truly say , as s. augustine sayd vpon those words of the psalme , conuertantur statim erubescentes , let flatterers presently with confusion be conuerted , for that , plùs nocet lingua adulatoris quàm gladius persecutoris : the tongue of the flatterer doth hurt more th●n the sword of the persecutor . and this we haue well experienced . i haue somewhat touched before , how well m. barlow obserued the circumstance of time in exercising this art : for when the earle of essex was in his ruffe , thē was he his ●●comiast , & the loud-sounding trumpet of his triumphs , but when time began to turne , and prosperous fortune to change her face , then did he change his course also , and became not only a silent orator in his behalfe , but also an open accuser , yea a calumniator & syphocant , as out of his before mētioned printed sermon you may haue obserued : for that sycophācy ( as himself in this place for the defence of his brother t. m. the yonger , will presently declare at large by the first institution of the word ) signifieth a complaint or accusation of carrying out figgs from attica , contrary to the law , and afterwards remayned with the signification of false or trifling accusations , or calūniations , prying into other mens actiōs , malicious inferēces , odious collections , & the like , wherof in that printed sermon against the said earle you shall find good store , especially ●hose . last records which are left to the cittizens of london to meditate vpon , which in effect are all but captious illations , and odious inferences of his owne gathering : but on the other side the flatteries bestowed vpon the queene are both eminent and excellent , which not to loose time in repeating , i will only report the last con●ayned in the very last words of that sermon . vvhat now remayneth ( saith he ) but to conclude with my text , giue vnto cesar the things of cesar , our most gratious soueraigne i meane , honour her , obay her , feare her , but aboue all pray for her , that she being the light of the land , may shine among vs as long as the two great lights in heauen , the sunne and moone : this god grant for his mercies sake . amen . thus he taught his auditory to pray by vocall prayer , and especially the cittizens of ●ondon there present , to whome for mentall prayer he had giuen the forersaid thirteene poyntes of meditation before set downe , wherof the last was , o● the earles opiniō & censure o● their basenes &c. but now i would know of m. barlow , whether in his diuinitie , prayer may be made without the vertue theologicall of hope , which appeareth by the whole course of scripture that it cannot : for he that hopeth not to obtayne that which he prayeth for , prayeth in vayne . and then secondly i would demaund wha● grounded hope the cittizens of london might haue to pray with him , that queene elizabeth might liue , as long as the two lights in heauen , the sunne and moone , should endure ? could they hope for this , seeing her now an old woman , and weakened also by many diseases ? and if they could not hope it , how could they pray for it , but only in iest ? and whether iesting with god in prayer be lawfull by m. barlowes theologie , i would also gladly know ? especially for so much as he seemeth to haue spoken this in very good earnest , by adioyning a vehement reduplicati●e in the very last words of all : this god graunt for his mercies sake , amen : as if he had sayd , this is the poynt of most moment to be demaunded at gods hand , that the queene , the sunne , and the moone might liue out togeather , and be of one age , and that they shin● togeather , she ouer england , & they ouer the whole world : this is the grace that we ha●e most need of , vnum est necessariu● : other folkes with mar●ha are solicitous & troubled about many things , but we haue need of one thing : this god graunt vs ●or his mercies sake , that queene eliz●beth do not dye before the sunne and moone : and yet good man h● did not consider in thi● seruent deuotion , that he o●fered great iniurie to his maiestie that now is . for if queene elizabeth had liued and shined as long as the sunne and moone , his maiesty had neuer had any part in that succession : for that after the sunne and moone i suppose there will be no succession . and this will serue for one example amongst the rest of his adulation towards queene elizabeth . b●t as for those which he vseth towards his maiesty that now is , both in this place , & throughout his whole booke , though they be grosse and palpable inough● and consequently also seene i doubt not , and scorned in great part by his maiesties prudence : yet meane i not to treat therof , for that the common refuge of flatterers in this poynt is to say , that such as do taxe or mislike their flatterie , are enemies or enuious of the prayses giuen to the person flattered : and the same is m. barlowes defence in this place . only then shall i ●eau●●his matter to the iudgment of the reader , but especially of his maiestie , who in this case for m●ny respects may be the most competent iudge , notwithstanding the cause doth most concerne himselfe . let vs now se● wh●t m● ba●lo● sayth ●o that which before was obiec●ed ag●inst him , and his like , and nam●ly against t. m. the yonger , for sycophancie and calumniation against catholickes , and their doctrine by sinister meanes , at such times as his maiesty tak●th his repast . it is true , sayth he , that his maiesties 〈◊〉 for the most part at times of repast , is a● constantines court ( ecclesiae 〈…〉 ) a li●le v●iuersitie compa●sed with learned men in all professions , and his ma●estie in the midd●st of them ( as the grecian in●ituled one lesse deser●●●● ) a liuing library , furni●h● 〈◊〉 all handes to reply● answere● 〈…〉 explayne 〈…〉 vpon fact , or 〈◊〉 vpon 〈◊〉 ● in which wordes for so much as concerneth his maiesties person , i will not meddle withall to con●r●dict , but rather to admite and r●ioyce 〈◊〉 such excellencies of lea●ning in so great a prince , and 〈◊〉 most hartily and 〈…〉 almighty god euery day that his di●ine maiesty would bestow vpon him the true excellencie , and indeed aboue all other learning , which is ●he knowledge of his true cat●olick● church and doctrin● , without which , as we haue now heard out of the an●ient fathers before alleadged , that all other skill and learning is eyther vayne or pernicious , for that it shall be as s. cyprian sayth , non corona 〈…〉 . his 〈…〉 heard but one part , and hath bene ●uer obse●t with th●s● academicall fellows both in scotland and england , which here m. b●rlow nameth his table-●niuersity , being indeed ●ut ●r●ncher-minister● : for in sc●o●●●● and publicke 〈◊〉 they dare not ●ppeare , or 〈◊〉 thei● f●ce . and ●ow th●t his ma●●●ty hath giuen so plentifull occasion of tryall by writing with his hand t● all christiā princes , stirring vp the●by great store of learned men to dis●usse the questions in controuersy ; we do verily hope in the mercy of almighty god , that as goo●d by rubbing and heating is made more cleare ; so will ●ruth by disputation , and examination , wherin his maiestie hauing so principall an interest , as now to the world is knowne , he will stand more attent to the discussion , an● issue of all , and therby recei●e that lig●● which is needfull to euerl●sting blisse . a●d this concerning his maiestie with all duty and respectiue loue . but as for the little vniuersitie of learned men of all professions , that inuirone his mai●sties table at time of repast , i must say somewhat more , though verie b●eif●y also . we doe easily imagine by the effects , what m●●ner of learned men , and of what measure in learning they are , that attend his maiestie at those times , and places : and we do measure them principally by their bookes whic● they haue published , for that it i● like t●at their 〈◊〉 writings are no lesse considerate and weighty , then their table-talke ex tempore . and then if m. barlow for example , ●hould talke no more substantially in that place , and audience then he doth here in this hi●●ooke , which he hath published to the world , it would pro●e , god knoweth , a very poore vniuersity , which his maiesty should haue about him , of such men , wherin i remi● me for some part to the triall already made in this discussion of mine . if we should compa●e the ac●demies & vniuer●●tyes of learned de●ines , that his mai●styes noble & renowned ancestours both of england and scotland had about them , from time to time for a thousand yeares togeather , for resoluing them in all cases necessary for belie●e or man●●● , with these new men , lear●ing with learning , grauitie with grauity , & authority wi●h authority , they being ioyned with all other learned men of the christian world in vnity of doctrine : & these men being alone , & ag●●ei●g with no other part or sect , ●o not of their owne prot●stā● that liue out of england , no● hauing any other cert●ine ●●le of infallible direction but their owne heads : the difference will quickly be seene betweene them , as also whether his maie●ties furniture be better or not , in this behalfe , then all theirs , and of all other princes of the christian world bes●des . and yet further to increase the weight of this consideration somewhat more , let vs suppose that this maiesty our soueraigne , with that great pregnancy of wit , and ot●er gui●tes bestowed by almightie god vpon him , should sit downe in an assembly of halfe a dozen of the ancient learned fathers and doctours of the primitiue christian church , as s. athanasius , s. gregory nazianzen , and s. c●rysostome of the greeke church ; s. ambrose , s. 〈◊〉 , & s. augustine of the latin , all liuing aboue twelu●●●ndred yeares agone , and that s. gregorie the gre●● though comming somewhat after them , yet for that he sent first christian preachers into england , should sit downe with them , and that all the●e togeather should reason grauely wi●h his maiestie de reg●o dei , of the kingdome of god , as s. luke testifieth that our sauiour did with his disciples after his resurrection for fourtie dayes togeather ; and that s. athanasius as somewhat more ancient then the rest , should grauely begin , and recount vnto his maiesti● what passed betweene him , and other catholicke bi●hops , and his lord the emperour constantius , deceaued by the arian preachers , and ministers of that sect , who flocked no● lesse about him at that time , to flatter him , ●●d incite him against catholickes , then doe these protestant ministers about his maiestie in these dayes : and namely he should tell him , that which he hath left written in a large epistle of his , how the sayd emperour being auerted now from the catholickes by the arian m●●isters , 〈◊〉 for di●ers bishops , commanding them in his p●●ence to subscribe to his imperiall order , for the banishing of athanasius , and communion to be frequented with the sayd arians ; and that the sayd catholick bishops wond●ing at his command●ment , and telling him that it was against ecclesiasticall canons , that the emperor should meddle with such matters ; he persisting notwithstanding to haue his will done , they held vp their hands to heauen appealing vnto god for remedy : presuming further to tell him , that his kingdome was not his , but from god , who gaue it him , and it was to be feared least ●b would take it away againe , if he proceeded in that course : and finally deuounced vnto him the dreadfull day of iudgement , perswading him not to peruert the course of ecclesiasticall affaires , neither intermeddle the roman empire in dealing with ecclesiasticall institutions &c. all which and much more is set downe by s. athanasius himselfe in a long epistle of this matter , where he also recoūteth the bold speach of bishop osius the famous confessor of corduba , who was one of the . fathers that sa●● as iudges in the first councell of ni●e , and vsed the sa●● liberty of speach to the forsayd emperour at another time which the other bishops had done before him , saying to him : leaue of i beseech thee o emperor these dealing● in ecclesiasticall affayres ; remember thou art mortall , feare the day of iudgement , keep thy selfe free from this kind of sin , do not vse cōmandements to vs in this kind , but rather learne of vs , for that god hath cōmitted the empire vnto thee , & to vs the things that appertaine to his church &c. all which speaches doth s. athanasius allow , & highly cōmend in the same place , adding further of his owne , that now the sayd constantius had made his pallace a tribunall of ecclesiasticall causes , in place of ecclesiasticall courtes , and had made himselfe the cheife prince and head of spirituall pleas , which he calleth , the abhomination foretold by daniel the prophet &c. which speach , if old athanasius should haue vsed to his maiestie in the presence of all the rest , and seconded by others that sate the●e with him , could not in all reason but much moue , especially if● so gregory nazianzen , and s. ambrose should haue recounted their admonitions about the same , to their temporall lord and emperour valentinian , as when the former sayd vnto him , as is extant yet in his oration , that he should vnderstand that he being a bishop had greater authoritie in ecclesiasticall matters then the emperor ; and that he had a tribunall , or seat of iudgment higher then the emperour , who was one of his sheep ; and that more resolutly s. ambrose to the same emperour , when he comaunded him to giue vp a church to the handes of the arians : trouble not yourselfe o emperor , sayth s. ambrose , in commanding me ( to delyuer the church ) nor do you persuade your selfe , that you haue any imperiall right ouer these things that are spirituall , and diuine : exalt not your selfe , but be subiect to god if you will raigne , be content with those things that belonge to cesar , and leaue those which are of god , vnto god : pallaces appertayne vnto the emperor , and churches vnto the preist . and these three fathers hauing thus briefly vttered their sentences ( for much more might be alleaged out of them in this kind ) let vs see how the fourth , that is to say s. chrysostō archbishop of constantinople cōcurred with thē : stay o king ( saith he ) within thy bounds & limits , for different are the bounds of a kingdome , & the limits of priesthood , & this kingdome of priesthood is greater then the other . bodies are committed to the king , but the soules to the priest. and againe : therfore hath god subiected the kings head to the priests hād , instructing vs therby , that the priest is a greater prince then the king , according to s. paul to the hebrews , the lesser alwaies receaueth blessing from the greater . these foure fathers then hauing grauely set downe their opinions , about this point of spirituall power not to be assumed by tēporall princes , let vs imagine the other three to talk of some other mater , as namely s. hierome , that he vnderstandeth diuers pointes of the heresie of iouinian , and vigilantius , against whome he had with great labour written seuerall bookes , to be held at this day in his maiesties kingdomes of england & scotland , which could not but grieue him , they being cōdemned heresies by the church . s. augustine also vpon occasion giuen him , may be imagined to make his cōplaint , that he hauing written amongst many other books one , de cura pro mortuis agenda , for the care that is to be had for soules departed , & both in that booke and in sundry other partes of his workes , said downe the doctrine and practice of the church in offering prayers & sacrifice for the dead , and deliuering soules from purgatory : and that the sayd catholicke church of his time had condemned aërius of heresy , for the contrary doctrine : yet he vnderstood that the matter was laughed at now in e●gland , and aërius in this point held for a better christian then himselfe : yea , and wheras he ( s. augustine ) had according to the doctrine and practice of the true catholicke church in his dayes , prayed for the soule of his mother , & besought all others to doe the like , his maiestie was taught by these new-sprong doctors to condemn the same , & neither to pray for the soule departed of his mother , dying in the same catholicke fayth , nor to permit others to do the same . all which saint gregory hearing , ●et vs suppose him out of that great loue and charity wherwith he was inflamed towardes england , and the english nation , to vse a most sweet and fatherly speach vnto his maiestie , exhorting him to remember that he sent into england by the first preachers that came from him , the same catholicke christian religion , which was then spread ouer the whole world , and that which he had receiued by succession of bishops , and former ages from the said fathers there present , and they from the apostles : and that the said ancient , true , and catholicke religion was sincerely deliuered vnto his maiesties first christian predecessor in england king ethelbert , and so continued from age to age , vntill king henry the eight . if , i say , this graue assembly of ancient holy fathers should be made about his maiesty , he fitting in the middest , and should heare what they say , and ponder with what great learning , grauity , and sanctitie they speake , and how differently they talke from these new maisters , that make vp m. barlowes little vniuersitie , i thinke verily that his maiestie out of his great iudgment , would easily contemne the one , in respect of the other . but alas , he hath neyther time nor leysure permitted to him to consider of these thinges , nor of the true differences , being so possessed , or at least wise so obsessed with these other mens preoccupations , euen from his tender youth , and cradle , as the catholicke cause , which only is truth , could neuer yet haue entrance , or indifferent audience in his maiesties ●ares , but our prayers are continually that it may . and now hauing insinuated , how substantially this little vniuersity of ancient learned fathers , would speake to his maiesty if they might be admitted , eyther at table , or time of repast , or otherwise : let vs consider a little how different matters , euen by their owne confession , these new academicks do suggest , for that m. barlow going about to excuse his fellow t. m. the yonger , from that crime of sycophancy which was obiected for his calumniations against catholikes , in his table-talke ; & trifling first about the word , what it signifyeth in greeke , according to the first institution therof ; to wit , an accusation of carrying out of figges out of athens , as before hath bene shewed : and then for him that vpon small matters accuseth another ; as also for him that seeketh to recreate princes & great men by pleasant speaches ; and finally also him that iesteth with a deprauing vayne ; he telleth how that maister t. m. may with credit be called a sycophant in the three first senses , but not in the last ( sayth he ) for that sycophancy must be clanculum , and without witnesses , but t.m. vseth this sycophancy openly , euen by the censurers confession , when his maiesty taketh his repast , that is , in the hearing of many ; so that the party being knowne , and the tale openly tould , he cānot be called a sycophant , saith m. barlow . but i would first demaud of him , where he findeth that the word clanculū , or secretly , must be conteined in the definition of a sychophant , for that the first , & prime signification , and deriuation of the word doth openly repugne : for as m. barlow sayth , in this place , such delatores ficuum , or sycophants in athens , were honorable magistrates , that did accuse publikely : and secondly in applicatiō of the word , to a false accuser , & malicious forged crime , there is no such restraint , that it must be secret , by any author set downe , as may be seene in henri●●s st●phanus his thesaurus , where there is no restraint of the nature of a syc●ophant , or sychophancy to such secrecy , ●● here m. barlow assigneth , but it is sufficient , that it be a false forged malicious crime : albeit if we consider the priuate place , and auditory while his maiesty taketh his repast eith●r by day , or night , in comparison of the whole body of catholickes there calumniated , in their absence , there will not want also this circumstance of clanculary calumniation , if m. barlow will needs haue it necessary . but now let vs passe to another point touched by m. barlow , wherin he pretendeth to be somwhat pleasant & to recreate his reader with certaine iestes , though with little grace , as you will see . the occasions of his iestes are these , that for so much as this word sycophan●ie , is deriued of figges , as now you haue vnderstood , he will tell vs diuers stories of figgs , some sweet , some sower , some pleasant , some vngrateful , some poysoned , and the like : and vnder this m●eaphor he will shew vs what figges t. m. and his fellowes do p●rhappes represent vnto his maiestie at his table for his better rec●eation and pastyme : as namely first , diuers stories of popish feigned myracles , as that , sayth m. barlow , of s. denis in france , who being byshop of paris and beheaded , carried his owne head in his hand after it was stroken of : and of clement the first , who when he was cast into the sea , with a milstone about his necke , the sea fled three myles frō the shore , and there was found a lytle chappell ready built in the sea , where his bodie was bestowed : and that of s. gregorie of ne●caesarea whose sta●●e being stuck downe by him at the banke side , kept the riuer frō ouerflowing the banks , and presently sprong vp and spred it s●lf into a n●ighty tree . thus he . condemning as you see our credulity in belieuing these miracles . but first i would demād of this little learned vniuersitie , an● their procter m. barlow , what more religion there is in not belieuing these , and other like recounted myracles , then in belieuing them ? for so much as infide●ity is an easie matter to be found euery where , in the worst kind of men , as turkes , iewes , and gentiles , and the worst christians ; but to belieue is more hard , and to be found in fewer men , be it humane or diuine fayth that is required . secondly these , and many other such like myracles not recounted in scripture , are not proposed as articles of fayth necessary for euery man to belieue , though they being related by good and probable authors , euery pious mind will rather incline to giue them credit , then scoffe ●t them , as heretickes do . for that the scoffing at these things , which they haue no ground of any moment to impugne , sheweth but a prophane , audacious , and lucianicall spirit . and in this case i would demand of m. barlow , what ground he hath to scoffe so at these three miracles here set down as he doth ? to wit , of s. denis● s. clement , & s. gregory of neocaesarea , surnamed by ancient writers thaumaturgus , for the multitude and grea●nes of the miracles done by him ? is it perhaps , for that they are strange , and not according to mans reason or vse of things that fall out ordinarily in the world ? if this were not so , they were no myracles . what then ? do they passe ( perhaps ) gods power to doe them ? this he wil be ashamed to say . what then ? hath he any testimonies of authors that auow the contrary , and affirme that they were not true ? this i presume he cannot say ; whereas wee on the other side , haue diuers authors that affirme the same . and if m. barlow , and his fellowes doe belieue many thinges of fact by humane faith , for that some one probable historiographer either christian , or prophane doth recount the same ; with what reason can they scoffe at vs , for giuing credit to these things , that are testifed by many authors ? as for example , the myracle of s. denis the areopagite , of carrying his head in his hands is testified by nicephorus calixtus , a grecian , in his second booke of histories , and twentith chapter , and by symon metaphrastes another grecian before him againe in the life of s. denis : and before him againe by hildewinus abbot of the monastery of saint denis by paris , vpon the point of eight hundred yeares agone , who all●adgeth also an other author elder then himself , named lysbius , that had set forth the same in his writings , and some other authors in like manner : all which the sayd hildewinus gathered togeather bo●h out of greeke and latin writers , at the request of ludouicus pius king of france . the other miracle also of saynt clement the first who was cast into the sea with an anchor about his necke ( but not with a milstone , as m. barlow hath deuised ) and that the sea went three myles backe &c. and the rest heere obiected by m. barlow , is mentioned not onlie by the foresaid two greeke authors nicephorus lib. . histor. cap. . and metaphrastes in vita clementis : but by s. gregorie of towers also , that liued a thousand yeares agoe , in his booke de gloria martyrum cap. . & . . and no lesse the third of s. gregory neocaesarea surnamed thaumaturgus , that he piched his staffe vpon a banke side , and kept the riuer from ouerflowing , is writt●n and testified at large , not only by the sayd necephorus lib. . cap. . but by a farre more ancient father , as namely by s. grego●y nyssen , brother to s. basil ; which said holie man hath written the admirable life at large of the aforesaid s. gregory thaumaturgus , well neere . yeares agone , which is extant in his works from the page . . to . and s. basil himself lib. de spiritu sancto cap. . hath touched the same : and after repetition of many of his miracles , he endeth thus : sed omnino pe●longum fuerit viri percensere miracula , qui &c. but it should be ouerlong to recyte all his myracles who for the excellency of gyftes bestowed vpon him in that kind , wrought by the holy ghost in all power , signes and myracles : he is called a second moyses , euen by the very enemies of truth themselues &c. heere then you see what ground & iust cause m. barlow had to scoffe at these myracles , as he doth with like ground and spirit , at the myracles of the new mynt , as he calleth them , of the lady of hales , of the conformities of s. francis , the life of ●●●●rius , of m. garnets countenance in a straw , with all which he maketh himselfe sport , vpon no other ground then lust of speaking euill . and vpon the same might any infidell or atheist scoffe at the myracles recorded in the old and new testament , which to humane sense and reason are as impossible , as these here alleaged and scorned at by this minister : as the multiplying of loaues , walking on the sea , a hatchet to rise from the bottome of the water and ioyne it selfe to a handle , with the like , which in another place i haue handled more at large against m. sutcliffe , and syr francis hastings . next after this he bringeth in other figgs , and commeth to scoffe at diuers indulgences that do pardon , sayth he , enormous sinnes , for innumerable yeares vpon sweet conditions ; as for kissing two iron crosses at saint peters church dore , . yeares of pardon : for looking vpon one of the pence that our sauiour was sould for , . yeares of pardon : for behoulding the crosse vpon the top of s. iohn laterans steeple . yeares of pardon , and other like ●oyes of his owne inuention , which those that liue at rome are neuer acquaynted with , and himself cyteth noe other profe but only noteth in the margent indulg . rom. liber : but where that booke is to be had , whether printed or written , where it was set forth , or with what authority he telleth nothing at all . in these partes i am sure , it is not to be had or heard of . what these good fellowes to make themselues merry and deceaue other men , may haue deuised to themselues in england , or els where i know not , but i suspect the rather , for that i do vnderstand that the hugonots of france deuised a booke not long agoe , whose title was , catechismus iesuitarum ; & set it forth as in their name , full fraught with all manner of errors , and ignorances , which being brought to rochell , by them that had deuised it , they could not get it there printed , the argument was so absurd , and the fraud so manifest : and yet now do i see it often alleaged by protestāt writers against them , and namely by thomas rogers in his late edition of . protestant articles : so as one way or other , these people will euer make themselues matter for exclayming against vs , be it true or false , or neuer so maliciously inuented or peruerted . and here i would aske m. barlow in good earnest , whether he do thinke indeed , these particulers to be true , which here so confidently he hath set downe about the yeares of pardon which he numbreth ? for that i cannot easily perswade my selfe , that in truth of conscience ( if he haue any ) he can be of that iudgment , and muc● lesse in the other clause of slander which immediatly foloweth : to wit ; that pope sixtus quartu● graunted forty thousand yeares of pardon , to him that would say a praier of his making , consisting of about fourty fiue wordes , but he bringeth no other proof at all for thesame , but his owne bare word . and the reason by himselfe alleadged , why it was granted , conuinceth ●he same of a manifest lye & fictiō : which reason is , ●or because his catholicks , q●●●h he , might not complaine , that the protestants satisfaction was easier then theirs ; & yet was there noe name of protestant knowne in the world in pope sixtus quartus tyme , nor a good while after : for that there passed foure popes , betwene him and leo decimus , vnder whome luther began , & vnder him the name of protestants : soe as sixtus quartus could not haue that consideration of protestāts in his indulgence , which m. barlow hath deuised . and would any learned man fal into such absurdyties , and so shew his ignorance both in things & times ? againe in his very first entrance to this calumniation he vttereth two or three grosse vntruthes , which are inexcusable , when he affirmeth , that popes doe pardon enormous sinnes , for innumerable yeares vpon sweet conditiōs . for first they pardon no sinnes at all by indulgences , and much lesse enormous sinnes : for that indulgences of the church in catholike doctrine , as euery man knoweth that hath the least degree of learning therin , doe reach only to the remission of temporall punishments due after the guilt of sinne remitted , and not of sinne it selfe , which c●nnot be remitted , but by the sacrament of pennance , or vertue therof . and it is strange that one profes●ing learning as m. barlow would faine ●eeme to do , would eyther erre ●oe grosly or wilfully as here it cannot be denied , that he doth . but if he be desirous to know better our doctrin herein , he may read cardinall bellarmine , gregory of valentia and francis suarez in their learned bookes of this argument , & by them , if he vnderstand them , he may learne to see his own error , & acknowledg it also if he haue so much grace . now then seeing that all which hath bene sayd by m. barl●w of indulgences hath bene only spoken eyther vpon heresy , and false relation , or of error , ignorance , or malicious fiction , the iudicious reader may consider , how vnworthy an argument this was for m. barl● his little vniuersity to treat by scoffs , before his maiesty at his rep●st : much more to the purpose , had it bene to haue treated substantially , and grauely out of the holy scriptures , and fathers , the principall question about this affaire , to wit , what ample authority christian priesthood hath to remit si●●● in this world , wherof s. chrysostomes bookes de sacerdotis , prouing that christs tribunal● in heauen hath submitted it selfe in a certaine sort vn●o the priests tribunall vpon earth , would haue yealded them ample and graue matter : as also many other ancient fathers treatises , and discourses to the same purpose . the other question also that followeth after this , whether after the guilt of synne forgiuen , there remayneth some temporall punishment to be satisfied , eyther in this life , or in the next , eyther by satisfactory workes here or by fyre there , had bene a matter of moment to be discussed , and well pondered : for that it belongeth to all , and ●one can auoid their part therin . and to this purpose they might haue considered of diuers tr●atises , as of origen , saint augustine , and other fathers that handle the question at large . this then had ben● to some purpose to be treated before his maiesty : but those other trifling ●oye● here mentioned by m. barlow , of looking vpon the top of a steeple , and the like , are vnfit both for his maiesties ●ares , and presence . but now he doth insinuate further , that some other figgs also are exhibited now & then in that assembly 〈◊〉 bitter then these , as namely , about the powder-traitours , and absoluing them by the iesuites . those dreadfull cruel positions also ( saith he ) of popes deposing kings , exposing them to murther , incyting their subiects to rebellion , and determining such parricide be to meritorious &c. and furthermore what an excellent vaine , both popes h●●e in figging ech other away ( by poison ) and iesuits too ( as the priests relate ) in dispatching , with such pleasant pilles any that stand in their light &c. which be meere calūniations , and malicious maledictions , vnworthy eyther to be heard by his maiesty , or to be refuted by me : as also that insulse insolency of the minister , where he maketh his maiesty to vse those odious words against all of the catholike religiō , o romanistae seruum pecus ! o romanists slauish beasts● as though there were no princes , and monarches of that religion , that might take in euill part this insolencie of the malepart minister : as if it had some allowance from his maiesty , for that in his name he speaketh it , & doth dedicate his booke vnto him . and thus much about this point of adulation , wherunto also i must add one thing more , tending to the same effect , and much talked of at this present , both at home , and abroad , which is ; that these new maisters , of the little vniuersity , and other their friendes haue perswaded his maiestie , that they are valiant men in writing against their aduersaries , and would performe great exploytes therin , if besides their vniuersities , & cathedrall churches , they had some speciall colledge of writers erected for that purpose , which men say is appointed to be at chelsey , and that the matter is very forward : and that his maiesty hath assigned therunto , both situation of a house and other great helpes ; which if it be so , i doubt not but that it proceedeth from him , out of a most honourable respect , for aduancing learning : but i assure my selfe this will not serue , though there were twenty colledges more applyed to this end , except his maiestie should giue them a new cause to write o● , ●or o● this betweene catholikes and protestants , albeyt they multiply books , neuer so fast , they will neuer be able to write with credit , either of them selues , or of their founders : for that falsity cannot be defended but by ●alshood , nor one vntruth but by another ; and consequently their cause being such as it is , their multuplying of writers , and increasing the number of bookes is but to multiply their owne disgrace , whereof some scantling may be taken in the last two bookes ( not to speake of any others ) that haue gone ●orth on the catholicke side , to wit , the reckoning with m. morton , and the search of francis vvalsingham , wherein the proper argument now in hand , is treated about true or false writing . and yet on the other side , if the said designement shall go forward , i thinke our english catholickes will be glad thereof . first , for that it will honour not a litle their cause , it appearing by this , that the learneder sort of protestants , do feele the weight of their weapons : for the besides the forsaid vniuersities , scholes , & churches , they are forced to seeke yet further furniture for their defence . secondly , it may be hoped , that forraine catholick princes hearing of this matter , will thinke themselues bound in zeale , and honour of their owne religion to assist in like manner , for erection of some house , or colledge , for english catholike writers to defend the same . thirdly it may in reason be expected that this little vniuersity of protestant writers , will for their honour , and credits sake , deale effectually with his maiestie , that the passage of catholike bookes written in answere vnto theirs , may be more free , and not so subiect to losse , danger , and vexation , 〈◊〉 ●●therto they haue bene , ( especially , if they be written modestly , and to the purpose only ) for that otherwise it would seeme a very vniust matter● to open , as it were , a schoole of fence , and yet to forbid the entrance of any that would offer to try their manhood and skill with them ; or as , if proposing a goale for runners , they would bynd the leggs of such as should runne with them . but fourthly and lastly , our greate●●● help of all would be in this case , that his excellent maiestie as before in part hath bene touched , beeing inuited by this occasion to read some bookes of both sides , would by the sharpnes of his great capacity , enlightened with gods grace , discouer in tyme , where truth , and where falsity remayneth , where substance , or fraud is stood vpon : which would be the greatest benefit that we can possibly desire , or wish for at gods hands , for the common benefit of our cause . abovt toleration or liberty of conscience demaunded by humble petition at his maiesties handes by catholikes , whether it were height of pryde or not : as also concerning the contention betweene protestants and puritans . chap. iiii. as by that which hath bene set downe in the former chapter , we haue seene and beheld , the good talent that m. barlow , and his fellowes haue in fl●tering the memory of queene elizabeth now dead , and his maiesty liuing : so now there ensueth another large treatise of his , that sheweth his iniquity and virulent humor of most bitter calumniation against all sortes of catholicks , for making humble supplication to his maiesty , after his entrance to the crowne for some liberty of conscience , or toleration at least in matters concerning religion , which petition though proposed , as hath bene sayd , with neuer so much humility and prostrate subiection of the petitioners , and many most forcible and apparent reasons alleaged for the same : yet will m. barlow needs defend it for a supreme height of pryde in them , to haue hoped for such a matter , or made supplication for the same . the clemency of his maiesty ( saith he ) wrought in them that height of pride , that in confidence therof they directly did expect , and assuredly promise vnto themselues liberty of conscience , & equality in all things with vs , his maiesties most best and faythfull subiects . and doe not you see how great and grieuous a charge this is , especially if you cut of the second part , as you must do , to wit , equality in all things with protestants his maiesties best subiects ? for this was neuer demaunded in the petition of catholicks : & much lesse either directly or indirectly expected , and least of all assuredly promised to themselues . for then should they haue demaunded also to share equally with bishops , and ministers in their benefices , which we may assure our selus they neuer so much as dreamed of , or of other preferments in the common wealth , with that equality which heer they are made to haue assured themselues of . their petition then was only for liberty of conscience as hath bene sayd , or if not that , yet at least wise some moderate toleration of the vse of that religion , which they had receyued from their ancestours , from the first beginning of christian religion planted in our english nation , and continued in possession for more then nyne hundred yeares togeather , vntill the time of king henry the eight , and his children , who made the first innouation , and by regall power interrupted the sayd possession , wherunto the sayd possessors , and ancient tenants , though not presuming to demand restitutionem i● integrum , full restitution of that which by violence was taken from them ; yet that they might remayne with some kind of quiet and rest , for the vse of their said consciences in priuate , which they promised to vse with all humility and moderation , without scandall , or publicke offence , whereof they offered very good assurance , both for this , and for all other dutifull behauour in their ciuil obedience , as became true subiects : yea adding further also , that they would inforce thēselues to continue the payment of that mulct , or penalty of statute layd vpon them for their recusancy , at such a resonable agreed sūme of money yearly to be paid , as his maiesty should thinke conuenient : so as by this meanes , they might haue some externall peace , and quietnes from the continuall molestations , which now they suffered in regard of their sayd consciences . this was their supplication , & now why this should be called pride , yea the height of pride , & highest degree of pride , & further , the extreme height and celfitude of pride , & lastly , the summity and sublimity of pride , as m. barlow calleth it , i vnderstand not . for if pride be defined to be an inordinate desire of excellency aboue others , i doe not see that here in this petition , either catholikes doe prefer themselues disorderly before others , but are content with a far inferiour degree then protestants : or that their desire in demaunding , is disordinate ; whether we consider the same as it proceeded eyther from themselues to desire a thing so necessary to the health of their soules , or as it is directed to his maiesty , their prince , and soueraigne , who is the person that may relieue them : and consequently , the laying forth of such theyr desires , by ordinate meanes of humble supplication , to theyr lord , and prince , cannot be called inordinat●s appetitus excellentiae , ●a disordinate appetite of excellencie aboue others , and consequently no pride , & much lesse celfitude of pride , as m. barlow out of his celfitude of amplification , or rather height of hatred doth define it . but yet let vs see briefly what reasons he frameth for this his consequence . for first , sayth he , it is impious against god to graunt any such liberty of conscience , for that god symbolically forbids such mixture in the linsy-wolsy garment , deut. . & . ergo , it is height of pryde so sue for it . but whoseeth not heere that neither the antecedent nor consequent haue any force ? god did forbid in deuteronomy 〈…〉 garments , ergo , it is sublimity of pride for catholicks in england , to sue to his maiesty for some toleration of conscience . will their brethren the protestants of france allow of this argument ? let vs see the second . secondly ( sayth he ) it being a matter dishonourable to the king , is extremity of pryde to demaund it , for that honest men ( euen of their equalls ) will expect nothing , but that which shall stand with the credit , and reputation of the granter : but this without stayne of the kings honour cannot be gr●●●ted , ergo , it is height of pryde in the catholicks to sue for it : which second or minor proposition , for that he imagined we would deny , that it would be a staine to his maiesties 〈◊〉 to grant it , he goeth about to confirme the same , by diuers weake , and fond reasons , not vnfit for his inuention , as , that his maiestie should be contrary to himselfe , and shew too much weaknes and slipperines , hauing apprehended the religion , which he now professeth , from the cradle of his infancy , resolued in his conscience , mantayned it by disputation , enacted it by lawes , established it by oath , & the like : which are reasons quite from the matter . for the graunting of toleration vnto catholickes , requireth not change of religion in his maiesty , no more then it doth in the moderne king of france , in granting the sayd toleration to his protestants , or then it did in the emperor charles the fifth , when he permitted the same in germany : so as m. barlow here rather roueth then reasoneth . and further he is to be put in mind , that if it be a good argument , which here he vseth , that his maiesty may not change his religion , for that he hath professed it from the cradle of his infancy &c. which yet hath not the antiquity of fifty years by a good deale , what may we say of the continuance of the catholike religion in our countrey ? how many fifty yeares are passed since that cradle was rockt ? and why may not we make the same argument for any other sor● of men whatsoeuer , that haue liued in any other religion for so many yeares , as his maiesty hath done in this ? so little weight , or substaunce is in this ministers words , who , so he may seeme to say somewhat , careth not greatly what it be , or how litle to the purpose . i leaue his other reasons as triuiall , and not worth the answering , as that queene elizabeth would not graunt this toleration of conscience , that our doctrinall positions are dangerous , that if his maiesty should graunt toleration , he should loose the loue of all his subiects , & the like : wherof some are false in the antecedent , as the second and third , for that our doctrinall positions truly vnderstood , are not daungerous to any common wealth but salutiferous : nor should his maiesty leese the loue of his people , by vsing such ●lemency to so principall a part of his people , not a little pittied by the rest , of most wisdome , and best natures . as for the first , though it be true in the antecedent , that shee graunted no such toleration , yet is it most fa●se in the consequent , that therfore it is height of pride , to demaund it of his maiesty : no reason requiring that her actions should be a necessary rule to his maiesty for his , they being no better then they were . but now we must see briefly what m. barlow answereth to all my reasons before alleadged for defending catholickes from the imputation of height of pride , in making this demaund , and humble petition to his maiesty , which i shall set downe , in the very same words , which before i vsed . and surely , i cannot but wonder , that this minister was not ashamed to call this the height of pride , which is generally found in all protestants neuer so humble : yea the more humble , and vnderlings they are , the more earnest are they both in bookes , speaches , and preachings , to proue , that liberty of conscience is most conforme to gods law , and that wresting , or forcing of consciences , is the highest tyranny that can be exercised vpon man. and this we may see first , in all m. fox his history , especially during the time of the three king henries . . . and . and afterward , when those that were called l●llards , and wickelissians , who as m. fox saith , were indeed good protestants , being pressed some what about their religion did continually beate vpon this argument of libertie of conscience , and when they obteyned it not , they set v● publicke schedles vpon the church dores of london , an● made ●hose famous conspiracyes of killing k. henry the d and all his family , which are recounted by vvatsingham . stow , fox , and other english historiographers . in this our age also , the first opposition of protestant princes in germanie , against their emperour charles the . both at smalcald , austburgh , and other meetings ; as afterwards also the fierce and perilous warrs by the duke of saxony , marques of brandeburge , and other protestant princes , and their people , against the same emperour , begunne in the very same yeare that our k. henry dyed : were they not all for liberty of conscience ? so pretended , so printed so published , so diuulged to the world ? the first supplications , memorials , and declarations in like manner , which the protestants of france set forth in print● as also they of holland , & zeland in tyme of the gouernments , as well of the duchesse of parma , duke of alua , commenda●or major , and other gouernours : did they not all expresly professe , that their principall griefes were , about liberty of conscience restrayned ? and did not they cyte many places of scriptures , to proue the equity & necessity therof ? and do not all protestants the like at this day , in all places where they are , both in polonia , austria , bohemia , styria , and els where ? and how then is iordanis conuersus retr●rs●m , with this minister ? how is his voyce contrary to the voyce & sense of all the rest ? how , & with what reason , may he call it the height of pryde in english catholicks , to haue but hope therof , which is so ordinary a doctrine & practice of all his brethren in forraine nations , to wit , for vs to expect liberty of conscience , at the first entrance of our new king , of so noble , and royall a mynd before that tyme , as he was neuer knowne to be giuen to cruelty , or persecution in his former raigne ? the sonne of such a mother , as held her selfe much beholden to english catholicks ? and himselfe in his litle golden * booke to his sonne the prince , had confessed that he had euer found the catholicke party most trusty vnto him , and therupon had done sundry ●auours to diuers of them , and giuen no small hope of greater vnto others . from this king ( i say ) whom they so much loued , and honoured , receyued so gladly , and with vniuersall ioy , meant to serue faithfully ; & trusted that as he had vnited the two kingdomes in one obedience by his succession : so would he by his liberality , vnite and conioyne the harts of all his subiects , in bearing a sweet and equall hand towards them all : from such a king ( i say ) for vs to expect liberty of conscience , and equality with other subiects ( in this poynt at least of freedome of soule ) what height of pryde may it be called ? may it not rather seeme height of pryde in this minister , & his fellowes , that hauing byn old enemyes , and alwayes borne a hard , & hatefull hand , and tongue against his maiesti● both in their sermons , bookes , speaches , all the tyme of the late queenes raigne ; now vpon the suddayne sine vllis meritis praecedentibus , will needs be so priuiledged , & assume vnto themselues such a confident presumption of his maiesties speciall fauour , as to suffer no man to stand by them , but to hold it for height of pryde in vs to hope for any freedome and liberty of our conscience at all ? what is height of pryde and folly , if this be not ? these are my words in my former booke : and now let vs behould what m. barlow layeth forth agaynst the same . first he beginneth with a pull at the purytans , though i neither named , nor designed them , but only sayd as now your haue heard , that generally all sorts of protestants neuer so humble ( or far of from height of pryde in theyr owne conceipt ) doe allow , and desyre , yea the more humble and vnderlinges they are , the more earnest they insist , both by bookes , speach , and preaching , to proue , that liberty of conscience is most conforme to gods law &c. wherupon m. barlow maketh this comment , that by vnderlinge protestantes , i do meane them , that doe seuer themselues from him , and hi● , in matter of ceremony , and church-gouerment , who are not vnderlings , sayth he , because they are humble , for that pryde only keepeth them aloofe . it is not the inferiour place , sayth he , or the deiected vysage , or the soft voyce , or dislike of prelacy , that doth denominate humility . and these are the notes belike , that doe distinguish puritans from the protestants , to wit , the in●eriour place , the deiected ●isage , the soft speach , dislike of prelacy . but yet i cannot but wonder to see him twice in this place to repeate , that the difference betweene these brethren and them●elues● is only in matters of ceremony , differing ( sayth he ) only in matters ceremoniall , though before he added also church-gouernment . whereby is euydent that he houldeth theyr church-gouernment , and prelacy , matter of ceremony only , and consequently also his owne prelacy and his being a bishop , is but a meere ceremony , and no substantiall matter in their religion . now then let vs see , what ensueth vpon this , and what honour and seruice m. barlow doth to his whole cleargy , and namely to his old maister and lord of ca●terbury , by this his new doctrine . is all the dignity , and preheminence , which his sayd lord hath aboue all the ministers in england , his superiority ouer the cleargy , his being archbishop & primate , his spirituall iurisdiction , his courtes of the arches , his power of dispensations , his making ministers , and giuing them power to preach , ●each , & administer sacramēts : is all this but a ceremony ? or do the puritans in denying and impugning this , impugne but a ceremony , and no poynt of religion it selfe ? truely then must i say that their cause against you , is far better then i euer hitherto esteemed it to be . for if all these thinges be but ceremonies , and contayne no substātiall poynt of religion : why do you , that in other things professe your selues enemies to ceremonies , stand so much vpon them to the disturbance of the whole realme ? but of this i shall haue occasion to speake againe a little after , and to lay open your absurdities in this eua●ion . now only , will i say a word to your argumēt which heere you make against vs , for toleration or liberty of cōscience● if t●ese humble vnderlings , say you , dwelling amongst 〈◊〉 ●●●d differing only from vs in matters ceremoniall , are not heard in their suite of liberty of conscience : how much lesse those who in poyntes essentiall , and fundamentall are seuered from vs , may not be tolerated ? wherunto i answere , that if we respect reason and iustice in this matter , there is more on the behalfe of catholicks , then of puritans , for obtayning this toleration , notwithstanding their differences in poynts of religion were , or be greater : for that the puritans came out of the protestants , and therby the protestant church may pretend to haue ius aliquod ecclesiasticum , some ecclesiasticall right vpon them . but the catholicks of england came neuer out of the protestants , nor their church out of the protestant church , but were long before them in possession , which is the markable poynt so much pondered by s. iohn to discerne heresy , & heretickes thereby , prodierunt ex nobis , they went out of vs. and consequently the protestant church can haue no spirituall iurisdiction vpon the sayd catholickes , and much lesse by right , or reason , can they barre them the vse of their religion , as they may do to purytans , that were members once of them , though they differ in fewer poyntes of beliefe . an exāple may be the iewes in rome , who are tolerated in their religion , which protestants are not , though they differ in more poyntes of beliefe : but yet for that they were in possession of their religion , before christians , and went not out from them , as protestants did from catholickes , they are tolerated in that place , and protestants not . and hereby is also answered m. barlowes last reason against graunting of toleration , which i pretermitted before to be answered in this place : which is , that if the cause were ours , as god be thanked he sayth it is theirs , we wil not graunt liberty to them , for their religion . but how doth he know that , seeing soe many catholike princes both in france , low-countryes , and germany doe permit the sayd toleration , to diuers and different sectes ? and if he obiect that in queene maries daies , it was not permited to protestants in england , nor yet by king henry the eight , much lesse by the foresayd . henryes that went before him , yet may the causes , and reasons be different now . for albeit for equity and iustice the matter do passe , as before we haue sayd , that no sect in england whatsoeuer , as of l●●lords , vvickcliffians , lutherans , zuinglians , calui●ists , or the like can haue any right in conscience to deny toleratiō of their religion vnto them , out of which they themselues went , and that the catholike church hath that right vpon them as going out of her : yet may shee leaue to vse that right oftentimes , and tolerate different sectaryes also , when they are so multiplied , as they cannot be restrayned without greater scandall , tumult , and perturbation , according to the parable to our sauiour , concerning the cockle growne vp amongst the wheat , which our sayd sauiour willed rather to be let alone , vntill the haruest day , left by going about to weed out the one out of due time , they might pluck vp the other . so as these catholicke princes his maiesties ancestors , that did deny toleration , considering their kingdomes to be quietly setled in the ancient religion of theyr fore fathers , did iustly and lawfully resist the new attempts of innouators : and iustly also may we affirme that if other forrayne princes at this day , of the same catholick religion do permit vpon other reasons liberty , or toleratiō of different religion : much more may his maiesty of england do the same to his catholick subiects , for the reasons that haue bene now alleadged . and so much of this . to the exāples of the lollardes & vvickliffian protestants , that made such earnest suite for toleration and liberty of conscience , in the dayes of three king henries . . and . and tooke armes for obtayning the same , he sayth , that if any such conspiracies were , we de●end them not : subiection to princes we preach , insurr●ctions we defy &c. and with this he thinketh he hath well satisfyed the matter● to the forreyne examples of higher germany in the time of charles the fifth , and of the low-countryes in these our dayes , he answereth , that these are noe fit presidentes for our state , the gouerment of the emperour being limited● and conditionall , and we speake of subiects vnder an absolute monarchy . to those of bo●hemia , polonia , and hungarie he sayth , that it is to be considered , vvhether the en●rance into those kingdomes be successiue , or electiue by descent , without condi●i●●all restraintes : and if they were absolute monarchies , what is that to his maiesty , who in cases of religion taketh not mens examples , but gods lawes , for his dyrects . he knoweth what princes ought to doe , not regarding what they please to doe &c. but al this while me thinkes the chiefe point is not answered by m. barlow , which is that those good protestants were of opinion , that toleration , or liberty of conscience might be graunted according to the law of god , and ought also to be graunted . and why is iordani● now turned backward , saith the letter● why is this ministers voice contrary to the voice & sens● of all other protestants ? the sayd letter goeth forward , laying downe di●er● considerations , which engendred hope in the minde● of catholicks , for obtayning this suite of toleration , and namely these three , to wit : first , the first entrāce of our new king , knowne to be of so noble and royall a mind before that time , as he neuer was noted to be giuē to cruelty or persecution for religion . secondly the sonne of such a mother , as held her selfe much behoulding to english catholi●kes . and thirdly that himselfe had confessed , that he had euer found the catholicke party most trusty vnto him in his troubles , and many conspiraci●● made against him . to the first wherof m. barlow in effect answereth nothing at all , but only citeth certayne places of scripture , for punishing of idolatry . to the second he sayth , that if his maiesties mo●her had not relied too much vpon the priested sort in england , her end had not bene so suddaine , or vnkind . belike he was priuy vnto it , that he can tell those particulars . and his epithete of vnkind , in cutting off her maiesties head , was very iudiciously deuised by him . for indeed there can nothing be deuised more vnkind , then for two queenes so neere of kinred , to cut off one the others head , and that vpon the suddaine , as here is graunted , which increaseth the vnkindnes of so barbarous a fact , perswaded and vrged principally , as al men know , by the continuall incitations of those of m. barlows coate , to the despite both of mother and sonne , and ruine of them both , if it had laye● i● their hande● . neyther is this to cast salt into his maiesties eyes , as m. barlow heere sayth , but rather to open the sa●e , that he may see● what kind of people these are , that do s● much flatter him now , and impugned both him and his at that time . but let vs heare how ironically he dealeth with vs● in framing a fond argument on our behalfe , as to him it seemeth . the mother , sayth he , loyalty● ergo , the sonne must giue them liberty of consc●●c● . and i● this sy● so bad an argument ? do you take away the word 〈◊〉 , which is of your owne thrusting in , and put in place therof , that the sayd sonne may be the soone● induced to gra●t them that liberty , in respect of their former dutifulnes , and loyalty to his mother in her distresses , and the consequence will not be euill . to the third of his maiesties confessed experience of the loyalty of catholickes both towards himselfe and his mother , in their distres●es , he sayth : that his maiesty nameth not catholi●kes at all , in his said booke , but only prosesseth that be found none so stedfastly to abide by him in his greatest straites , as they which constantly kept their true allegiance to his mother . well syr , and who i pray you were they ? catholickes or protestants ? let the acts of those times be seene , the authors noted , the effectes considered . yet , sayth m. barlow , no● i● is very probable that when his maiesty , hath cast vp his accompt of for●er disloyalties , he shall ●ind the moderate ●nd dir●ct protestant● that incli●es neither to right hand nor left , to be the first and faithf●ll subiect . well syr , this may be p●rhaps f●● the time to come , for your sel●e saith , tha● it is but probable : but for the time p●st his maiestie hauing now cast vp his accompts , hath found that reckonyng , as he h●th set it downe . and the common rule of wisdome is to beleeue as we haue found , vntill different experience teach vs the contrary . and by the way we must● learne here m. barlowes new deuised epithetons , of a moderate and direct protestant , that as , he sayth , is neyth●r iesu●ted , nor geneuated , that is neither catholicke nor pury●an , but moderate , and direct : that is to say , moderate in not belieuing to much on any s●de , if it stand not with his profit , and direct in following iump the prince and state that may aduance him , whatsoeuer they should determine in matters of religion . this is the man by m. barlowes direction , vpon whome his maiestie must buyld , and not the purytan or zealous catholicke , for that they are ouer scrupulous . i could wish that m. barlow had bene a litle more scrupulous in the very next ensuing number , where without all blushing , he casteth out two notorious lyes , agaynst father p●rsons , to make him odious thereby to his maiestie , saying first , that he pronounceth his sayd maiestie to be a desperate and ●orlorne hereticke , but cyteth no place where it is to be found ; nor indeed is there any such place to be found where father person● vseth any such words , as euer i could yet see . secondly he alleadgeth for father persons expresse words , these : that whosoeuer shall consent to the succession of a protestant , is a most grieuous , and damnable sinner , and citeth for the same d●l●man pag. . which quotation serueth only to condemne m. barlow of a notorious wilfull calumniation , for that these expresse wordes are not there found , nor is there any mention of the succession of a protestant , but in generall is sayd thus , that for any man to giue his help towards the making of a king whome he iudgeth faulty in religion , and consequently would aduance no religion , or the wrong , if ●e were in authority , is a grieuous sinne of what syde soeuer the truth be &c. so as neither protestant nor succession is named in this place , but m●king of a king , by such as my haue authority to doe the same ; and it may as well hould agaynst the entrance of a catholicke prince , as of any other sect whatsoeuer . and consequently both of these are s●landerous accusations , the first being a meere inuented vntruth , and the second a malicious peruerted calumniation : so as in respect of both , i may well say with the prophet , dilexisti omnia verba praecipitationis lingua dolosa , and i pray god the threat next insuing do not take place , propterea deus destruct to in finem &c. i desyre not his destruction , but his amendment . after this followeth in my foresaid letter a narration of the dutifull demeanour of catholickes towardes his maiestie , euen from his first entrance , and how by the vniust perswasions of their enemyes , they began quickly to feele his hard hand borne ouer them , euen before the powder-plot , as by the confirmation of all queen elizabeth● penal lawes , in the first yeare of his maiesties raigne , with the execution therof afterward , doth well appeare : wherof many particuler examples are set downe ; and among other things it is touched , as a matter of speciall disfauour , that his maiestie vouchsafing in his owne royall person to giue publicke audience both to protestants and puryt●● for . dayes togeather concerning the differences of their religion , no such grace at all was graunted vnto catholickes . vpon which words m. barlow stayeth himselfe , and maketh this cōmentary . it is a strange humour , sayth he , that this epistler hath , i● he sayth truth , he lyeth : it is true there was a conference , but about difference in religion , it is vtterly false ; say●● they would possesse the world that we are at iar among our selues ab●●● our religion , whereas the quarrell , though it be indeed vnkind , yet it i● not in this kinde , saue only for ceremonyes externall , no poynt subst●●tiall &c. but now of this i haue spoken somewhat before , shewing , that if this vnkinde quarrell betweene protesta●●s & purytans , as he calleth it , be only about externall ceremonies , then is both his prelacy , and that of his lord and maister the archbishop only an externall ceremony . and if his phrase of vnkind quarrell be of the same kind that he mentioned before to be in queene elizabeth towards queene mary of scotland , whose he●d she cut of● then is the matter somewhat substantiall , & not only ceremoniall : and indeed he that shall consider what the purytan in this vnkind quarrell pretendeth agaynst the protestant and his church , shall see , that he striketh at the head indeed , or rather striketh of the head of the sayd church , whether we consyder either the externall and ministeryall head thereof , to wit , the princes ecclesiasticall power , and of bishops vnder him ; or the internall head metaphorically taken for the life , spirit , and essence of the sayd church in denying it to be a true christian church , but only a prophane congregation , without any spirituall power at all . this appeareth by all the course and drift of puritan wryters , and bookes extant , of the differences acknowledged also by protestant writers in their treatises against them : so as to me it seemeth , not only a shameles bouldnes to deny it , as m. barlow here doth , but a sham●full basenes also , and beggary so to runne after their enemyes , intreating them to haue some association with them ; whereas the other do both contemne , and detest them . for this falleth out not only in this case , but also with the lutherans , whom m. barlow and his fellowes , when they deale with vs , will needes haue to be theyr brethren of one and the same church , fayth , and beliefe , for all substantiall poyntes of doctrine : whereas the lutherans on the other syde do both deny and defy this communion in fayth with them , and haue set forth whole bookes to proue the same , which were too long here to repeate . yea caluinian , and zwinglian ministers themselues are witnesses hereof , in many of their treatises , as namely , the tigurine deuines , who confesse , that theyr differences , and contentions with the lutherans are about iustification , free-will , the ghospell , the law , the person of christ , his descent into hell , of gods election , of his children to life euerlasting , & de multis alijs non leuis momenti articulis , & of many more articles of no small importance : which is euident , for that ioannes sturmius another zwinglian or caluinist addeth other controuersies , as of the supper of our lord , and reall presence , of predestination , of the ascension of christ to heauen , his sitting at the right hand of his father , and the like : adding also that the lutherans do hould the protestant caluinian churches of england , france , flanders , and scotland for hereticall , and their martyrs , for martyrs of the diuell . and conforme to these their writings are their doinges and proceedings with them , where they haue dominion ; for that they admyt them not to cohabitation , nor to the common vse of marriage betweene them , nor to be buryed with them , after theyr deaths , as they well know who haue liued , or do liue among them . and thus much for the lutherans of the one syde . now let vs see somewhat also of the purytans of the other . and first of all this matter hath beene handled dyuers times , and demonstrated by catholicke english wryters of our dayes , agaynst this absurd assertion of m. barlow that the differences at this day betweene protestants and purytans are not at all concerning religion , nor of any substantiall , and essentiall poyntes thereof ; but only ceremoniall : and in particuler the same is conuinced , and made most manifest in the preface of a late booke , intituled an answere to the fifth part of syr edward cookes reports , where the different grounds of spirituall and ecclesiasticall power , betweene protestants , puritans , and catholickes being examined , it is found , that their differences are such as cannot possibly stand togeather , to make one church and house of saluation , but that if one hath the truth , the other must necessarily remayne in damnable error ; which is euident also by the writings of protestants themselues , especially by the bookes intituled dangerous positions , set forth and imprinted at london . and the suruey ofpretended holy discipline , made as they say , by him that is now lord of canterbury , and doctor sutcliffe , as also the booke intituled , the picture of a purytan , writen by o. o. of emanuel , printed . and other like bookes . but especially at this time will i vse for proofe of this poynt , the testimony of thomas rogers minister , and chaplin , as he styleth himselfe , to his lord of canterbury , who of late hauing set forth by publike authority , the fayth , doctrine , and religion of england expressed in . articles vpon the yeare . doth in his preface to his said lord , hādle this matter of the differences betweene the puritans and protestantes , though partially agaynst the discontented brethren , he being theyr aduersary , but yet setteth downe out of their owne words , what their iudgment is of the importance , and moment of the controuersyes betwene them , to wit , that they are not only about ceremonies , and circum●tances , as m. barlow pretendeth , but about poyntes contayned in scripture , & in the very ghospell it selfe . they are compryzed , say they , in the booke o● god , and also be a part of the ghospell , yea the very ghospell it selfe : so true are they , and o● such importance , that if euery hayre of our head were a life , we ought to aff●ard them all , in defence of these matters : and that the articles of religion penned , and agreed vpon by the bishops , are but childish toyes in respect of the other . so they . and will any man thinke or say now that these men doe not hould that theyr differences with the protestants are differences in religion , as m. barlow sayth , or that they are only matters of ceremonyes , and not of any one substantiall poynt concerning religion ? let vs heare them yet further telling theyr owne tale , and related by m. rogers . the controuersy betwene them and vs ( say they , of the protestants ) is not as the bishops , and their welwillers beare the world in hand , for a cap , or tippet , or a surplisse , but for greater matters concerning a true ministry , and regiment of the church according to the word of god. the first wherof , which is a true ministry , they ( protestants ) shall neuer haue , till bishops and archbishops be put downe , and all ministers be made equall . the other also will neuer be brought to passe , vntill kings and queenes doe subiect themselues vnto the church , and doe submit their scepters , and throw downe their crownes before the church , and licke vp the dust of the feete of the church , and willingly abyde the censures of the church &c. this they write , and much more in that place● which i trow is more then m. barlow ascribeth vnto the matter . for if it be contayned in gods booke , yea a part o● the ghospell , the very ghospell it selfe , about which they contend ; what proter●ity is it on the other part , to call it a matter only of ceremony . but yet further within two pages after agayne , they doe explayne themselues , and theyr cause more in particuler saying : our controuersy with the protestants is , whether iesus christ shal be king or no : and the end of all our trauell is , to b●yld vp the walls of ierusalem , and to set vp the throne of iesus christ 〈◊〉 heauenly king in the myddest thereof . and are these poyntes also not substantiall , nor any wayes touching religion , but ceremonies ? harken then yet further what they do inferre vpon the protestantes church , for dissenting from them in these pointes : neyther is there among them , say they , a church , or 〈◊〉 least wise no true church : neither are they but titular christians , & no true christians indeed . and yet will m. barlow continue to say , that there is no difference at all in religion ; and that i lyed , when i sayd , that his maiesty yeelded to a conference between protestants & puritans , concerning their differences of religion . vvhat will he answere to the two precedent members touched by the puritans , to wit● that their strife is for a true ministry , & a lawfull gouermēt therof , expounding their meaning to be , that for obtaining the first , all bishops and archbishops must be put downe , & for the second , all temporall princes , kings , & queenes must leaue their superiority ouer the church , & submit themselues , and their crownes vnto the same church , to wit , their presbyteries , as m. rogers expōdeth their words ? and is there no substantiall point neyther in all this , but only matter of ceremony ? and doth not the very life , & soule of the church depend of these two things , a true ministry , and lawful head ? is not the power of preaching , teaching , administration of sacraments , care of soules , possessing cures and benefices , absoluing from sinnes , spirituall iurisdiction , and all ecclesiasticall hierarchy deryued from hence ? and are all these thinges only ceremoniall without substance , or essence of religion ? doth m. barlow discharge his duty of a champion , eyther towardes his king , or his old lord ( from both which it seemeth al●eady he hath receaued large fees ) in bringing both their authorities in ecclesiastical matters to be meere ceremonies ? no man i thinke will sue to be his clyent hereafter , i● he can plead no better . but let vs yet see a little further , how he hath aduanced his maiestyes spirituall authority . thus he writeth of his being moderator in the conference betwene the puritans and protestants . this difference ( sayth he ) about thinges indifferent , his maiesty desirous to reconcile , vouchsafed his princely paynes to moderate , & mediate . in which wordes , first doe you note againe his often repetition , that they were thinges indifferēt , to wit , whether his maiesty should haue supreme primacy in church causes , or renounce the same , and cast it downe , togeather with his scepter before the presbytery of the puritans ; and whether the lord of canterbury should leaue of his lordship , and graceship , and become a simple minister equall with the rest ? and so likewise m. barlow himselfe to leaue the sea of lincolne , and title of lordship , which none that knowes the humor of the man will imagine that he holdeth for a thing indifferent , or a meere ceremony . this i say is the first notandum : for if these things be indifferent , what need so much a doe about them ? and the second notandum is , that he saith , that his maiesty did moderate and mediate in this conference : which is a very moderate and meane word indeed to expresse so high and eminent authority ecclesiasticall , as sometimes they wil seem to ascribe vnto his maiesty . for who cannot moderate or mediate in a conference , if he haue sufficient learning and knowledge of the cause , though he haue no eminent authority at all to decide the same ? but who shall determine or define the controuersy ? here no doubt m. barlow wil be in the brakes . for that a little after being pressed with the free speach and deniall of s. ambrose vnto valentinian the emperour , when he medled in ecclesiasticall affairs , and in particuler when he sent for him by dalmatius a trib●ne , with a notary to come and dispute in the consistory before him , his counsell , and nobility , with the hereticall bishop auxen●ius , s. ambrose refused vtterly to goe , yeelding for his reason , that in matters of faith and religion bishops must iudge of emperours , and not emperours of bishops : which deniall m. barlow well alloweth , saying , that ambrose did well in it , and sayd well for it , his fact and reason were both christianlike . but suppose , that his maiesty , had sent for the bishops to dispute and confer with the doctors of the puritan party in his presence , as the emperour valentinian did s. ambrose & that they had refused to come , with the same reasō , that s. ambrose did , would m. barlow that wrote the conference haue defended the same as good , and lawful ? or would his maiesty haue taken the same , in as good part , as valentiniā did ? i doubt it very much , as also i doubt , whether s. ambrose if he had disputed , would haue suffered valentiniā ( suppose he had bin learned ) to haue moderated & mediated in that disputatiō , as m. ba●low saith his maiesty did in this . but if without effect , & that he could not conclude ; who should giue iudgment of the matter ? the bishops ? they were party , and theyr whole interest lay therein . the puritan doctors ? they were also a party , and therby partiall . his maiesty could not doe it , according to m. barlowes doctrin in this place , if any point of religion were handled therein . who then should iudge , or giue sentence ? the church saith m. barlow in another place . but who maketh that church ? or who giueth authority of iudgement to that church , if the supreme head and gouernour haue it not in himself ? do you not see how intricate this matter is , & hard to resolue ? and according to this , as it seemeth , was the effect and consequence of this meeting , if we belieue m. barlow himselfe , who maketh this question : did th●se great and princely paynes which his maiesty tooke with the purit●ns , worke a generall conformity ? and then he answereth : vvith the iudicious and discreet it did , ( wherof m. barlow was one ) but the rest grew more aukward , and violent . so he . but all this while if you marke it , there is nothing said to the point , for which all this was brought in , to wit , why the like fauour had not beene shewed to catholikes , for a conference also with them about their religion . m. barlow doth touch some number of reasons , as that our opinions doe touch the very head , and foundation of religion : that his maiesty was perfect in all the arguments , that could be ●rought for the aduerse part , and that he throughly vnderstanding the weaknes of them , held it both vnsafe and vnnecessary to haue them examined : that the protestant religion being throughly well placed , and hauing so long continued , is not now to be disputed &c. which reasons being either in themselues fond , or against himselfe , i will not stand to refute . one only contradiction wil i note , that our argumēts being so weake , yet that it should be vnsafe to haue them examined ; and that the long continuance of protestant religion in england should make it indisputable : whereas more then ten times so long prescription of catholike religion could not defend it , by shew of a conference or dispute h●ld at vvestminster at the beginning of queen elizabeths raigne , when the same was changed and put out . and finally i will end this with a notable calumniation , insteed of a reason vttered by m. barlow , why this conference ought not to be granted to catholikes , for sooth : for that , euen in their common petition for toleration , they ●is●hed his maiesty to be as great a saint in heauē , as he is a king vpon earth , shewing thereby , saith he , that gladly they would be rid o● him , but w●ich way they care not , so he were not here . and may not this prelate now beare the prize for calumniation and sycophancy , that out of so pious an antecedent can inferre so malicious a consequent ? the catholickes doe wish vnto his maiesty both life present , and euerlasting to come ; here a great king and there a great saint : m. barlow seemeth not to care much for his eternity , so he may enioy his temporality , by the which he himselfe gayneth for the present , and hopeth euery day to do more & more : it import●th him litle how great a saint his maiestie be in heauen , so vpon earth he liue longe to fauour him and to furnish him with fat benefices . and thus he inforceth me to answere him , contrary to my owne inclination , for repressing somewhat his insolent malignant speach , which is the most exorbitant perchance , virulent , and impotently passionate , that euer appeared in paper in our english tongue , for which i intend not to follow him any further , step by step , and foote by foote , as hitherto i haue done : for it would require a huge volume , & weary both vs , and the reader with the impertinency therof . wherfore i shal in that which is to ensue , draw the rest of this his answere to certaine particuler heads for more perspicuity and breuities sake , wherby shal appeare how worthy a writer he is , and well deseruing his fee , that runneth into such absurdities , errors , ignorances , corruptions , and falsityes , as wil be layd against him : wherin i remit my selfe , not only to that which is already sayd , but particulerly also to that which is to ensue . concerning errors , absvrdities , ignorances and falsities , vttered by m. barlow in the rest of his answere . chap. v. wher as page . & . of my letter i began in the second part of the second paragraph to handle whether temporall obedience were denied vnto his maiesty , by those that refused the oath of allegiance , and that by the expresse order and commandement of the pope in his breue , as the apologer often affirmeth , and m. barlow still auoucheth , i sayd , that this was iniurious dealing towards vs , who ne●er denied this poyn● , that all dutifull ciuill obedience was to be performed● and that it needed not to cite both scriptures , fathers , and councells , to proue the said temporall obedience to be due , for that we both confessed , taught , and perswaded the same to all his mai●sties subiects , and that the co●trary neuer passed through our cogitations , but do hould ( said i ) and tea●h that subiects are bound to obey their temporall princes , in all thinges lawf●ll , & not only good princes , but bad also ; and not only out of f●●re , & fla●tery ( as some do ) but out of conscience , as the apostle ●eac●●th vs to the romans , propter conscientiam , sayth he , for conscience sake , but yet not contra conscien●iam , against conscience , or contrary to conscience . against which clause m. barlow very learnedly and piously setteth downe this doctrine : they teach ( sayth he ) , that the prince is to be obeyed ; propter con●cien●iam● n●● contra conscientiam , for conscience sake , not against conscience : that is no sound doctrine in the negatiue part : for euen against a mans conscien●e the prince is to be obeyed , vnlesse that he that disobeyeth , c●● proue his conscience to be the same , which the apostle describeth , a good conscience , accompanied with true loue , and ●ayth vn●ayned . so he . and presently he add●th a reason out of syr thomas more one o● our martyr's , as he calleth him , and we worthily account him so , who sayth , that there may be consci●ntia a●●nina , and conscientia lupina , the conscience of an as●e , and the conscience of a wolfe , which we easily graunt , and that syr thomas more had neyther of them , and m. barlow perhaps hath both ; the asinina in making this ignorant & impious determination , that a man may obey princes against his owne conscience ; and the lupina in going about craftily & violently to defend it by the shew of scripture , as presently will appeare . for albeit i haue written somewhat of this mat●er before in the first part of this discussion , to wit , of the obligation that euery man hath to follow his conscience , and precept of his inward reason , be it right or wrong , so long as it standeth vncontrolled : yet am i forced to say somewhat more here , for detection of this mans wilfull ●rror or grosse ignorance in this place , and that in both the two poynts now mentioned , concerning the obligation that men haue not to do against their conscience , and the prescription of a good conscience pretended to be alleaged out of saint paules epistle to timothy , for in both pointes there be e●regious fraudes , if not fooleries . and for the first , the reader must vnderstand , that this proposition so assertiuely set downe here by m. barlow ; that euen against a mans conscience the prince is to be obeyed , is so absurd and impious in catholicke christian ●ares , especially of the learned , as nothing can be more , for that it openeth a playne way to atheisme , and ouerthroweth the very first morall principles of vertuous actions in vs , to wit , the synderisis , and pr●script of reason it selfe , that god hath by nature planted in our soules , for our gouernment and direction : against which light and rule , whosoeuer doth any thing willingly must needes sinne , whatsoeuer the thing that is done be , good or bad : the reason wherof is , for that the goodnes or badnes of any thing● imbraced by our will , dependeth of the apprehension , and estimation therof by our vnderstanding and prescript of reason , that inwardly directeth the said will , so as if it should be proposed vnto our will for exa●ple sake , as an euill thing , and with that apprehension imbraced by our will , though it were good in it selfe , yet to me it must needs be euill , for that i did it , thinking it to be an euill thing . as for example to belieue in christ ( sayth s. thomas ) in it selfe is a good thing , and necessary to saluation , but y●t the will of man doth not imbrace it , but as it is propounded vnto the same by our reason , and therfore if the said reason and iudgment should propose it as an euill thing , and not good to belieue in christ ( as in turkes and iewes it doth ) and that the will notwithstanding should choose , and imbrace it as it is proposed , vnder the same apprehension that it is euill indeed , then doth our will commit sinne , for that in her conceipt and apprehension , she chooseth and imbraceth euill : and though in it selfe it be not so , yet to her it is , that iudging it so , doth notwithstāding imbrace it . in which case schoolmen do define , that a good obiect so chosen by the will against the dictamen of reason , and conscience , is ●on●m s●●pliciter and secundum se , but m●lum per accidens huic homini si● eligenti , it is good simply and in it selfe , but accidentally euill to this particuler man that chooseth it , against the direction of his iudgment and conscience . and this poynt is a thing so cleare in nature it selfe ● as that aristotle in his ●irst and seauenth bookes of mor●ls , trea●ing o● the nature , and condition of the incontinen● man , sheweth that a man may be incontinent two wayes , one way properly in that he doth exercise any act that appertayneth properly a●d truely to the vice of incontinencie , the other way accidentally , when he doth exe●cise an act , that he imagineth and perswadeth himselfe ●o be in the matter of incontinency , and is not : and yet doth aristotle conclude this man to be incontinent , for ●hat his will did disagree in this matter from his reason and iudgment , making choice of that which the said reason did propound vnto her , as an euill thing . wherfore according to these principles , the vniuersall consent both of philosophers an deuines is , first that bonitas voluntatis seu actus interioris dependet à ratione propone●te ; that the goodnes of the internall act of our will● in choosing any thing , dependeth vpon our reason & iudgment that propoūdeth the same ; so as the will may not choose or imbrace any thing , that is so propounded , and consequently that , voluntas discordans à ratione , ●on solùm recta ●e●um etiam errante , est semper mala : that our will when it doth d●sagree from our reason , and conscience , and chooseth not that which our said reason and conscience propoundeth , it is alwayes euill and sinneth , though the sayd reason and conscience do erre in propounding the same : yea further that this obligation for our will , and ch●ice to follow our reason , iudgment , and conscience , is , by the law of god , in na●ure it sel●e so strong and indispensable , as that not onl● any man liuing● prince or potentate can dispense with the same , to haue it bro●ē whi●● the ●aid repugn●nce ●ndureth , but neither god himselfe . wherupon a great learned deuine of our dayes setteth downe & defendeth thi● proposi●ion , neminem nec ips●m deum dispens●re posse , vt sin● peccato quis faciat contra propriam conscientiam , that no man , nor god ●imsel●e can di●pense , that a man may do any thing against his owne conscience without sinne . ●nd his reason is , for that almighty god should be contrary to himsel●e , if hauing put a precept by nature , that our will must ●ollow our reason and cōscience , & do nothing against the same , he should notwithstāding dispense that the breach of this precept should be no sinne , for the● should these lawes contradictory stand ●ogeather , i ha●e●ery breach of gods precept is a sin : & yet that the breach of this precept is no sin . true it is , that god according to some deuines may dispense in his precepts by taking thē away , and thereby also take away the force of their obliging man to sinne , that should doe against them , but they standing in force and vigor , no dispensation can be giuen to do against them without sinne , for the reasons now set downe . well then this position & assertion is most certaine in all catholike scholes , as well by the groundes of philosophy , as deuinity , that no man without sinne may do against th● dictamen , or direction of his owne reason or cōscience , yea though it should be erroneous in it selfe , for that so long as it is not knowne to be erroneous to the doer , but thought to be right , he esteemeth it as a rule prescribed vnto him by god , and consequently to doe against it , is to doe against gods rule , and precept , and so must it needs be sinne vnto him . but here perhaps some man will demaund , what then may be done in ●a● erroneous conscience , whether it be afi●●a by ignorance , or lupina by loosenes , or otherwise e●ring as m. barlow mentioneth . truly the remedy is not , as he prescribeth , to doe against a mans conscience , i meane against that very erring conscience , so long as it semeth to the doe● not to erre , but to be right , for therin he ●●old si●ne , as hath beene said : but he ought to depose that conscience if he can , and to seeke rea●ons of better information , and therwithall frame vnto himselfe another conscience : but yet so long as he cannot doe this , he is bound not to doe against the other conscience , which he think●th to be right , though vnknowing vnto him , ●t should be erroneous . but now in what cases , and vpon what grounds , and with what circumstances a man may be bound to reforme or alter his conscience , either by direction or authority of his superiours , or by contrary reasons , proofes , arguments and authorities , according to the substance and quality of the things , is a large dispute among schoole deuines , casuistes , and canonistes . for vs it is sufficient at this time to haue seene , that all generally doe condemne , as most false and wicked , this proposition of m. barlow , that euen agaynst a mans conscience the prince is to be obeyed : which proposition you haue seene before confuted . now we must consider certayne shi●te● and absurdityes vsed by m. barlow in setting downe this his false doctrine . euen agaynst conscience , sayth he , the prynce is to be obeyed , vnlesse he that disobeyeth , can proue his conscience to be the same , that the apostle describeth , a good conscience accompanied with true loue and fayth vnfayned . in which wordes you must note , that first there is contayned a very absurd shift , not voyde of impiety ; and secondly much corruption and falsity . the shift is , in that when any thing is proposed to a man by a prince or superiour , that is contrary to his conscience , he byndeth him absolutely to doe it , euen agaynst his conscience , vnlesse he can proue that his conscience hath true loue and fayth vnfayned , which being a very hard matter for many men to discerne in themselues , especially the ignorant and vnlearned , he doth not only licence them● but obligeth them also , to doe agaynst theyr conscience , good or bad , whatsoeuer is proposed vnto them , which openeth a gap to all impiety , and to the ouerthrow of all conscience in most men . for certayne it is , that the far greater part of christians haue not sufficient time , leasure , learning , or commodity to make this proofe prescribed out of the apostle : and then i would demaund him , what he will say of turkes , iewes , and gentiles that haue not true fayth ? haue they no conscience ? and must they doe what soeuer is ordayned them , though neuer so repugnant to theyr rea●on , because they cannot proue theyr conscience to be such as the apostle ( though falsely ) is presumed here to describe ? what will m. barlow say also of christian sectaryes of our time , to wit , anabaptists , trinitarians , ●●●●●tes , l●●berans , swingfeldians , brownists &c. whom he will not grant i am sure to haue true loue , and vnfayned fayth ? haue they no conscience , that may bind them to any thing , different frō that which is proposed vnto them by kings or princes , whether it seeme vnto them good or bad ? may all these men ●weare to whatsoeuer is requyred , or do what soeuer is exacted by a temporall prince , without further examen , for that they cannot proue as m. barlow will no doubt suppose , that they haue true loue , and fayth vnfayned ? who would expect such monstrous doctrines , from the chayre of a prelate ? but now let vs see how he vseth s. paul in this matter , and abuseth his reader vnder pretence of his name , and authority . he sayth , that the apostle describeth a good conscien●e , to be that , which is accompanied with true loue and fayth vnfayned : and vpon this foundeth his discourse , as now you haue heard , cyting for it● . tim. . . but if you read the place , you shall find the matter quite otherwise , and by this you may learne , how these fellowes that cry nothing but scriptures , do abuse the simple people , with misalleadging , and misconstruing the same . for that the apostle describeth not a good conscience at all in that place , but only assigneth the same as a thing necessarily requyred , to the end and perfection of the law. for the wordes of the apostle are these : finis pr●cepti est , charitas de corde puro , conscientia bona , & fide non ficta : the end of the cōmandement or law is charity out of a pure hart , a good conscience , & faith not fayned . which is no description of a good conscience as you see , but of the end & perfection of th● law , which is charity , according to that which in another place the same apostle sayth : ple●itudo legis charitas : the fullnes or fulfilling of the law is charity . but here he describeth more at large what manner of charity it must be , to wit proceding out of a pure hart , as also out of a good conscience ( which ●●ge●●●●● hope ) and out of vnfayned fayth . so as here tr●e charity 〈◊〉 described , and not a good conscience ( which i● named ●●●ly as a condition needfully required to the fulfilling of the law , and not described , as m. barlow falsely aff●●●●●● . ) for if a thing be described that hath many parts of 〈◊〉 requi●ed to the complement thereof , it were very● 〈◊〉 to say , that euery one of the said parts , or parcels it described therby , or that the said description may be ascribed 〈◊〉 euery one of them . as if a man should describe a knight or a captaine , that is to go to the wars , what ●●●●i●ure i● required , to wit , a horse , s●ddle , speare , armour , and the like , it cannot be said that a horse is here described , or a saddle , or a speare , but only the knight himself , who hath need of all these thinges : so as in this m. barlow is found 〈◊〉 haue peruerted the whole text and meani●g of s. paul. there remaineth then his conclusion , that for so much as hereticks and schismatickes also doe plead conscience for their standing out , and that there is no one article in the oath offered , that can be proued to be contrary to a good conscience , and true christian religion , therefore standeth the apologers conclusion incōtrollable still , that the pope hath prohibited english catholikes to performe euen ciuill obedience to their soueraigne . but all this hath beene now answered , by that which hath beene treated before : for that shi●matikes and heretikes though they be ●ound both to informe & reforme their consciences : that be erroneous : yet so long as that repugnācy indureth ; they should sinne in doing contrary to the dictamen therof . and as for the articles in the oath , that are contrary to englis● catholikes consciences , and to theyr religion , they are so many , as do any way impeach , or preiudice their religion , which are the most part in the oath , as is knowne . neyther must m. barlow run to this ordinary shift , and say as he is wont , that their consciences are not well cleansed● and that their religion is not true christian religion , & therefore they ought not to haue scruple in sweating● for that now it hath been shewed , that it is sufficient for binding them from swearing , that their conscyences doe tell them the contrary , which conscience to them doth appear good , and their religion true : in which respect the pope that is of the same conscience and religion hath defined it to be vnlawfull vnto them , to sweare against this their cōscience and religion , so long as it standeth as it doth . and therefore if m. barlow will haue them sweare without sinne in this case , he must first make them protestants , and so giue them a new conscience , and new religion , for in that they haue , they cannot doe it ; albeit for temporall obedience , they offer all that may be exacted , at their hands by any law of christian subiection to their temporall soueraigne . and this much may be sufficient for discussing of this point , whether subiects may or must obey their princes , when they command things against their consciences , which in my letter i denyed . and whereas the apologer did alleadg dyuers authorities out of scriptures , fathers , and councels to proue the obedience of subiects to theyr princes , not only christian but also infidels , as to king nabuchodonosor of babylon , to king pharao of egypt , king cyrus of persia , my answer then was this . he alledgeth for examples out of the scriptures , that the children of israel obeyed the king of babylon , as also they exhibited temporall obedience vnto king pharao of egypt ; as in like manner to cyrus king of persia : all which examples we grant to be true , and could add many more , both of the iewes , and christians that lyued peaceably vnder infidell princes in those dayes . but let one example ( as i said ) be brought forth , wherin they obeyed them in points contrarie to their conscience or religion , and it shall be sufficient . we read in the prophesie of daniel● that those three famous iewes , sidrach , misach , and abdenago , were most trustie vnto king nabuchodonosor in temporall affayres , and so much esteemed by him , as he made them his vniuersall gouernors ouer all the workes of the religion of babylon , saith the scripture : and yet when it came to the poynt , that he would haue them for his honour and pleasure , and vpon his commandement , adore the golden statua , which he had set vp ; they forsooke him flatly , and said to him in the presence of all his nobility assembled togeather , that they were not so much as to answere him in that commandement , not would they do , as he had appoynted them . the like in effect did the ancienter iewes do with king pharao of egypt ; for that albeit in temporall affayres they obeyed him , euen in that tyme when he oppressed , and persecuted them most : yet in that he would haue had them stay and sacrifice in egypt , and not follow moyses their spiritual superiour into the desert ( notwithstāding that the king had some cause perhaps to suspect their temporall allegiance also by that departure , they being a potent multitude of people : ) yet would they not obey him nor do as he would haue them , when they persuaded themselues that god would haue the contrary . i let passe how daniel and his fellowes would not eate the meates of the king of babylon , nor tobie those of the assyrians , & much lesse would he leaue of to bury the dead , though it were forbidden by proclamation vnder payne of death . the machabees in like manner obeyed king antiochus so long , as he commanded nothing against their law and conscience : but when he went about to force them to sacrifice , and to eate swynes-flesh , and other things against their law and conscience , they refused openly to performe that obedience . so as these places of scriptures alledged by the apologer , do proue nothing for him at all , but are rather flat against him , and for vs as yow haue seene . thus i wrote then , now let vs see how m. barlow ouerthroweth it . first as concerning the . pagan kings pharao , cyrus , and nabuchodonosor , wherof i sayd the iewes obedience vnto them was in temporall matters only , he sayth , that therin i do abuse the reader , for that they shewed their obedience ( sayth he ) to be due , and performed the same , in matters of spirituall seruice : wherat i thinke no man can but laugh , that m. barlow is become so spirituall , as that he can make those infidell kings to be spirituall superiours also , or at leastwise to haue spirituall power , euen in spirituall thinges ouer gods faithfull people . let vs see his proofes of so strange an assertion . to offer sacrifice ( saith he ) vnto the lord in the desert is an ●igh case of conscience , and religion ; yet would not the iewes in egypt attempt it , without asking , and obtayning the kings leaue . and why was that ? was it for that they held him for their supreme gouernour in all causes ecclesiastiacll , and temporall ? then they ought to haue obeyed him , when he would haue had them offered sacrifice in egypt , which they refused to doe , for that their spirituall gouernour moyses , though a naturall borne subiect of king pharao , ●ould them that gods will was contrary : and as for their asking , and obtayning leaue before they went to sacrifice in the desert , who doth not see , but that it was in respect of temporall danger , which might ensue vnto them , if so great a number of their vnarmed people should haue aduentured to depart without his licence . but i would demaund of m. barlow , who sayth , that the people of israel shewed their obedience to be due vnto pharao , and performed it in matter of spirituall seruice , what manner of obedience was that , which came alwaies in the imperatiue mood , thus saith our lord , dimitte populum meum , let go my people ? and when he yeelded not therunto , he was plagued and punished with so many afflictions , as are set downe in exodus for . or . chapters togeather : & in the end what leaue obtayned they , but against his will , when he durst no longer deny them ? which appeareth , for that his feare being somewhat mitigated , he pursued them afterward againe . and will m. barlow make this an example of spirituall obedience to temporall princes , that was thus extorted ? or of spirituall iurisdiction in heathen princes , ouer faithfull people in causes ecclesiasticall , that was contradicted both in word and fact by moyses himselfe ? but let vs heare his second instance , for it is more ridiculous . so , saith he , the commaundement of king cyrus was in a cause meerly ecclesiasticall viz. the building of the lords house in ierusalē , and transporting thither the consecrated vessels . but who doth not see that these things as they were ordayned by king cyrus were meere temporall , as is the building of a materiall church , for that otherwise , the masons , carpenters & architects , that build the same , should be ecclesiastical officers , albeit they were gentiles . if king cyrus had had authority to appoint them out their sacrifices , & to dispose lawfully of their sacred actions therein , as he had not , nor could haue , being a pagan , and not of their faith & religion ; then might they haue sayd , that he had beene a spirituall superiour vnto them : but for giuing them leaue only to go to ierusalem to build their temple , and to carry their consecrated vessels with them , that had been violētly taken away from thence , argueth no more spirituall iurisdiction in him , then if a man hauing taken away a church-dore key , so as the people could not go in to pray , except he opened the dore , should be said to haue spirituall iurisdictiō ouer that people for opening the dore , & letting them in , & that they in praying him to open the said dore , did acknowledg spiritual obedience vnto him . and is not this meere childish trifllng , & worthy the wit of m. barlow . what definition trow you , will m. barlow giue of spirituall power and iurisdiction , therby to verifie these monstrous and absurd propositions , which in this affaire he hath vttered , partly by his assertions , and partly by his examples ? truly i know no other set downe by deuines , but that it is a power giuen by god , to gouerne soules for their direction vnto euerlasting saluation , euen as ciuill power is giuen for gouerning the cōmon wealth to her prosperity and temporall ●elicity . and will m. barlow say , that god gaue this spirituall power to pharao and cyrus , that were heathens , and knew not god , for gouerning & directing the soules of the iewes , that liued vnder them , whose religion or god they neyther knew , nor cared for ? or that nero the emperour , or claudius had this spirituall power and iurisdiction , vpon the soules of s. peter and s. paul , that liued vnder them in rome , and were their temporall lordes and princes ? these thinges are so absurd that i am ashamed to exaggerate them any further , and therfore let vs passe forward to the rest . as for the other examples by me alleaged how sydrac●● mysach and abdenago , refused to obey nabuchod●●●sor their king in adoring the statua , as also refu●ing the meates of the king of babylon , & toby of the assyrians , and the mac●abees for refusing to eat swines-flesh at the commandment of their king antiochus , he sayth , that all these had their warrants for defence of their consciences , from the word or will of god : as who should say , catholickes haue nothing for iustification of their conscience , which is a meere cauill , and as logitians call , petitio principij , and wholy from the question : for that we affirme , first that they haue sufficient groundes , for iustification of their consciences in that behalfe , as they will easily verify in euery point if they might be hard with any indifferency . and secondly if they had not , but their consciences were erroneous ; yet so long as that dictamen rationis , or prescript of conscience standeth to the contrary , and telleth them , that they haue sufficient ground , they may not doe against it without sin , as now hath bene proued . let vs see what he saith of the other example of tobies breach of king senacherib his commaundement in niniue , which wee shall examine in the next ensuing paragraph . vvhether toby did well or no , in breaking the commaundement of the king of nini●e , concerning the burying of the dead iewes . and how m. barlow answereth vnto the authorities of the fathers : and ouerthroweth the kings supremacy . §. ii. among other examples and testimonies alleaged by me out o● scripture of lawfull disobeying temporall princes commaundements , when they are vnlawfull , the exāple of tobias that disobeyed the edict of king senacheri●● of niniue about burying such as were slayne , seemed to haue troubled most m. barlow in this answere ; and so after some discussion of the matter vp and downe , whether he did it openly or in secret , by day or by night , by stealth or contempt , he maketh this conclusion ; take it eyther way , sayth he , was his disobedience in such a cause iustifiable ? no. grauely resolued , as you see , and doctour-like , but yet without any testimony , except only his owne . for first the context of the story it selfe hauing recounted the circumstances of the fact , in the first and second chapters of the booke of toby , to wit , how the foresayd king senacherib sonne to salmanasar being returned much exasperated from iury agaynst the iewes , for the euill successe which there he had , did promulgate an edict , that such as he caused to be slayne should not be buryed , the story sayth , that toby notwithstanding this edict and commaundement , did bury them by night , yea and left also on day his dinner , and the ghests which he had with him , at the same , for to fetch in the dead body of a iew slayne in the streetes : and when some of his neighbous , seeing the peril thereof did reprehend him , for aduenturing vpon so great daunger , saying to him● that himselfe had bene commaunded to be slayne for burying men before , the story doth not only defend him , but also commendeth him for the same ; saying : sed tobias plùs timens deum , quàm regem , rapiebat corpora occisorum &c. but toby feating god more then the king , did take away the dead bodies that he found in the streetes , hyding them in his house and burying them at mydnight . secondly the angell raphael in the twelth chapter discouering himselfe vnto toby , togeather with the mystery of all his actions with him , doth manifestly shew , that these his deeds of charity , of giuing of almes , and burying the dead bodyes of such as were slayne , were gratfull vnto almighty god : quando cra●as cum lachrymis , & sepeliebas mortous , & derelinquebas prandium tuum &c. ego obtuli ●●ationem tuam domino , & quia acceptus eras deo , necesse suit , vt tentatio probaret te . when thou didst pray with teares , and didst bury the dead , and didst leaue thy dinner for doing this worke of charity , i did offer to god thy prayer , and because thou wert acceptable vnto god , it was necessary that temptation should try thee . here then we haue the testimony of an angell , agaynst m. barlow , that is no angell : and if he be , yet must we account him for a very wicked , and false angell , if the other be a good and true angell . now then let vs examine a little whether of these angels deserueth most to be belieued , or whether for a mans saluation it be more secure to follow the one or the other , for that they speake contraryes . the one that this fact of toby was not iustifyable , the other that it was not only iustifiable , but acceptable also , and pleasing to almighty god , and that in a very high degree , as by the text appeareth . the one determineth as you haue heard , that toby was reprehensible in that he obeyed not the king● the other saith , he did very well in obeying god , more then the king . how shall we know which of these two angels is the good , and which the bad . m. barlow will on his part perhaps say , that this booke of toby is not held by him for canonicall scripture , but only hagiographum , a holy ancient writing , as the iewes themselues do allow it to be , though not in their canon of scriptures : yet doth not this take away the credit of the story , which hath indured , and hath beene belieued , and taken for true , so many ages bo●h before , and after christian religion was planted ? and m. barlow cannot alleadg one authenticall author , or holy man before these our tymes , that euer sayd this story was false , or not to be credited , though he receiued it not for canonicall scripture . secondly we see it acknowledged for canonicall scripture , and of infallible truth , not only by a generall councell of our dayes , wherin the flower of the learnedst men in christendome were present , i meane that of trent : but by another councell also aboue . yeares before that , to wit , the third of carthage wherein s. augustine himselfe was present , and subscribed thereunto ; and in diuers other places of his workes , giueth the same testimony to this booke , as do sundry other fathers ancienter then he , as s. ambrose , that wrote a whole booke of the story of toby , containing twenty foure whole chapters , s. basil in his oration of auarice ; yea the holy martyr s. cyprian also himselfe more ancienter then them all , and this in sundry places of his works , and after s. augustine , s. gregory , s. isiodo●us , cassiodorus , and others : wherby is euident , that in s. augustins time , and before , this booke was held for diuine , and canonicall . and therfore for a man now to venture his soule , vpon this bare deniall of m. barlow , and his consorts ( for there goeth no lesse in the matter , his assertion being blasphemy , if this be true scripture ) let his poore sheepe of lincolne thinke well of it , for other men will beware how they venture so much with him . but now setting aside this consideration , whether it be canonicall scripture , or no ; let vs consider a little further what holy men in ancient times did thinke of this fact of toby , whether it were iustifiable or no. s. augustine in his booke de cura pro mortuis habenda , hath these words : tobias sepeliendo mortuos deum promeruisse , teste angelo commendatur . tobias is commended by the testimony of the angell , in that by burying the dead he merited the fauour of almighty god. and the same father repeateth the very same words and sentence againe , in his first booke of the citty of god. whereby we see what his sense was in this matter , both in belieuing the good angell , and esteming that good worke of burying the dead ( which m. barlow by contēpt calleth a ciuil co●rtesy ) to haue merited with god. and of the same sense was s. ambrose , who speaking of this edict of the king , that no man should bury any dead man of the iewes in that captiuity , commendeth highly holy toby for neglecting the same , in respect of that charitable worke . ille interdicto non reuocabatur , sed magis incitabatur &c. he was not stayd by that edict or proclamation from burying the dead , but rather was therby incyted the more to doe the same : erat ●●im misericordiae praemium , 〈◊〉 p●na : for that the punishment of death , was the prince of mercy . s. cyprian also that holy bishop and martyr long before s. amb●ose , in his booke of our lords prayer , extolling much the meryt of good workes , and exhorting men vnto the same , amongst many other authoryties of the scriptures , cyteth this of toby saying : et ideo diuina scriptura in●●r●it , dicens , bona est oratio cum ieiunio , & ●leemosyna : & therfore the dyuine scripture in●tructeth vs saying : that prayer is good accompanied with fasting and almes . in which wordes first we see this booke of toby affirmed to be diuine scripture , and secondly this speach & doctrine of the angell raphael vnto toby concerning the prayse and merit of good works , to be allowed by cyprian● which is full contrary to m. barlowes diuinity . but let vs heare our s. cypriā in the same place : nam qui in die iudicij praemium pro operibus &c. for that he in the day of iudgment ( to wit our sa●iour ) will giue reward for our good works , & almes , & is now also ready to shew himsel●e a most benigne heater to him , that shall come vnto him by prayer & works : and so did cornelius the centurion merit to be heard , as doing many almes vpon the people , sayth the scripture . and when about nyne of the clocke the sayd centurion prayed , an angell stood by him and gaue testimony of his good works , saying , cornelius thy prayers and almes haue ascended vp before god : citò orationes ad deum ascendunt , quas ad deum merita nost●i operis imponunt . our prayers do quickly ascēd vnto god , which the merits of our good works do lay before him &c. and presētly with this scripture , he ioyneth the other out of toby : sic & raphel angelus &c. so the angel raphael did testify vnto toby alwayes praying & alwayes working : whē thou didst pray togeather with sara , i did offer the memory of thy prayer in the sight of god , & when thou didst bury the dead , and leaue thy dinner for doing the same , i was sent by god to tempt thee , and afterward to cure thee , & i am raphael one of the sea●en iust angels , who do assist , & conuerse in the sight of god &c. where we see that s. cyprian maketh another manner of accompt of the holynes and meryt of this worke , and of the truth of this angell , then m. barlow doth . and the very self same speach s. cyprian vseth in his booke de m●●talitate , alleadging this place of toby , and testimony of the angell raphael in the commendation of tobies fact , in burying the dead against the kinges commandement . so as white and black , hoat and cold , or the two poles are not more opposite one to the other , then the spirit of s. cyprian , and that of m. barlow in this point . and truly it seemeth that a man may gather by good consequence , that for so much as he condemneth that fact of toby in burying the dead bodies of the iewes in persecution , he would also , if he had bene there , not only not haue buried these dead bodies against the kings edict , but also neyther haue receaued the persecuted into his house , agaynst the commaundement of the sayd king. nay he would haue rather deliuered them vp to the persecutors hands , and the like , if he had liued amongst christians , vnder nero , domitius , and dioclesian . and this is m. barlows piety in respect of that of holy toby , and s. cyprian , s. ambrose , s. augustine , and other such sincere pious men , who both approued and commended this fact . now let vs passe on to the rest . after these examples of scriptures there were alleadged by the apologer sundry authorityes of ancient fathers which shew the obligation that subiects haue to obey their temporall princes , which in my letter i declared no way to preiudice our cause , who both acknowledge and offer all dutifull obedience in temporall affaires , which is so much as the sayd ancient fathers doe teach , and for that the sayd authorityes are cleare , for vs in that behalfe , i shall ●et downe here what i answered to the same . as these places of scripture ( said i ) alleaged against vs do make for vs , so much more do the authorities produced out of the ancient fathers , for that they go about to proue the very same point that we here hold , that in tēporall & cyuill affayres we must obey dutifully our temporall princes , though infidels or pagans : but not in matters concerning god , our religion , or conscience . and his very first example out of s. augustine is such , as i meruaile much , that he would cyte the same , but that somwhat for shew must be alleadged : for it maketh so clearly & directly against him , as if it had beene written purposely to confute him in this our case . but let vs heare what it is . agreable to the scriptures ( saith he ) did the fathers teach . augustine speaking of i●dian , saith thus : iulian was an vnbelieuing emperour , was he not an apostata ? an oppressor and an idolatour ? christiā souldiars serued that vnbelieuing emperour : when they came to the cause of christ , they would acknowledge no lord , but him that is in heauen : when he would haue them worship idolls & sacrifice , they preferred god before him : but when he said , go forth to fight , inuade such a nation , they presently obeyed : they distinguished their eternall lord from their temporall , and yet were they subiect euen vnto their temporall lord , for his sake that was their eternall lord and maister . thus he . and can any thing be spoken more cleerly for vs , and for our cause , then this ? for euen this do we offer to our king & soueraigne : we will serue him : we wil obey him : we will go to warre with him : we will fight for him : and we will do all other offices belonging to temporall duty : but when the cause of christ commeth in hand , who is lord of our consciences , or any matter concerning the same , or our religion ; there we do , as s. augustine heere appoynteth vs , preferre our eternall king , before our temporall . and like to these are all the other places of fathers cyted by him , who distinguish expresly betweene the temporall honour and allegiance due to the emperour , and the other of our religion , & conscience , belonging only to god. and to that playne sense are tertullians words cyted by the apologer : vve honour the emperour in such sort , as is lawfull for vs , and ●xpedient for him , as a man second after god , and as hauing receyued from god , whatsoeuer he is , and only l●sse th●n god. and will not the catholicks of england vse this speac● also vnto their king ? or will the apologer himselfe deny that tertullian heere meant nothing els , but in temporall affayres , for somuch as the emperors at that tyme were heathens & gentils , and consequently were no● to be obeyed in any point against christian faith or religion ? the like playne sense haue the words of iustin●● martyr to the emperour himselfe , cited here in the third place , to wit : vve only adore god , and in all things we cheerfully performe seruice to you , prosessing you to be emperours , and princes of men . and do not all english catholickes say the same at this day : & in all other things , that concerne not god & his obedience , by rule of catholicke religion , they offer cheerfully to serue his maiesty , acknowledging him to be their liege lord and king , & inferiour only to god in his temporall gouernment ? and how then are these , and such other places brought in for witnesse , as though they had somewhat to say against vs ? the other two sentences in like manner cited out of optatus and s. ambrose , the first saying : that ouer the emperour there is none , but only god , that made the emperour . and the other , that teares were his weapons against the armes and souldiars of the emperour : that he neither ought , nor could resist : neyther of thē do make any thing against vs , or for the apologer , euen as they are here nakedly cyted , without declaration of the circumstances : for that in temporall affaires , the king or emperour is supreme , next vnder god. and when the emperour will vse secular forces against the priests of his dominion , they , being no souldiars , must fall to prayers , and teares , which are priestly weapons . but what ? did s ambrose by this acknowledge that the emperour had higher authority , then he , in church-matters ? or that if he had offered him an oath , repugnant to his religion , or conscience , in those matters he would haue obeyed , or acknowledged his superiority ? no truly . for in three seuerall occasions that fell out , he flatly denyed the same , which this apologer cra●tily dissembleth , and saith not a word therof . the first was , when he was cited by dalmatius the tribune , bringing with him a publicke notarie to testifie the same , in the name of the emperour valentinian the yonger , to come & conferre , or dispute with the hereticall bishop auxen●ius , in the presence of his maiesty & other of his nobility & coūsell , which poynt s. ambrose refused vtterly to do , telling the emperour playnly by a letter written vnto him ; that in matters of faith and religion bishops must iudge of emperours , and not emperours of bishops . and dyuers other doctrines , by this occasion , he taught him to that effect , as is to be seene in the same epistle . the second occasion fell out the very next yeare after in millane , when the said emperour , by suite of the arians , and fauour of iustina the empresse on their behalfe , made a decree , that a certayne church of that citty should be deliuered to the said arians : which decree s. ambrose the bishop refused to obey . and when the emperours officers comming with armes , vrged greatly to giue possession of the church , he fled to his former weapons of weeping and praying : ego missam facere coepi &c. i began to say masse● and when the temporall magistrate vrged still , that the emperour vsed but his owne right in appoynting that church to be deliuered , s. ambrose answered : quae diuina sunt , imperatoriae potestati non esse subiecta : that such things as belonge to god , are not subiect to the imperiall power . and thus answered s. ambrose about the giuing vp of a materiall church . what would he haue said in greater matters ? the third accasion was when the emperour sent his tribunes , and other officers to require certayne vessells belonging to the church to be deliuered , which s. ambrose constantly denyed to do , saying : that in this , he could not obey : and further adding . that if the emperour did loue him selfe , he should abstayne from offering such iniury vnto christ. and in another place , handl●ng the same more at large , he saith : that he gaue to cesar that which was cesars , and to god , that which belonged to god , but that the tem●ple of god could not be the right of cesar : which we speak ( saith he ) to the emperours honour . for what is more honourable vnto him , then that he being an emperour , be called a child of the church , for that a good emperour is within the church , but not aboue the church . so s. ambrose . what would he haue done , or said , if he had bene pressed with an oath against his conscience , or any least poynt of his religion ? thus far i answered in my letter , & he that shall read m barlows reply now , will se● that he hath nothing at all in substāce to say against it : for to that excellent speach of s. augustine cōcerning the emperour iulian , he tri●●eth exceedingly ; first bidding vs to shew that poynt in the oath which is different from true religion : which is a cauill , as you see , for it is inough if it be contrary to the swearers religion . and wheras we offer vpon that speach as the subiects of iulian did , vve will serue our soueraigne , we will go to war with him , and we will fight for him , & the like , he sayth , it is but an hypocriticall florish of words . to the speach and facts of s. ambrose he is forced eyther to say nothing , or to speake against himselfe . for wheras i do make this demaund , did s. ambrose by saying that he could not resist the emperour , and that his weapons were teares , acknowledge by this that the emperour had higher authority in church-matters then he ? or that if he had offered him an oath repugnant to his religion and conscience in those matters , he would haue obeyed ; and acknowledged his authority ? to the first he sayth that it is only extra ole●s , not to the cause in hand , and that he will handle it in another place ; though euery man of discretion will see , that the demaund is full to the purpose , and ought to haue beene answered here . to the secōd he hath but a ridiculous shift : suppose , saith he , that s. ambrose would refuse such an oath vrged vpon him , would he withall forbid others to take it ? surely no. but i say surely yea : for if we graunt s. ambrose to haue bene a good prelate , pastour , & father to his people , we must also graunt , that what oath he thought pernicious for himselfe to take , he would haue forbidden the same to haue bene taken by his people , if they had demaunded his opinion , as english catholickes did the popes , or els he had not bene a faythfull pastour . but what doth m. barlow answere to the three instances alleadged out of s. ambrose , in all which he contradicted the emperour , that was his temporall lord , and denied to obey in matters , ecclesiasticall : the first , when he refused to go with the tribune , and notary sent for him by the sayd emperour to dispute , in the consistory with auxenti●● the arian bishop , yielding for his reason , that in matters of faith and religion , bishops must iudge of emperours , and not emperours of bishops . which answere of s. ambrose m. barlow doth allow , and cōmendeth it much : & albeit we haue said somewhat before about the same , yet shall we presently add a word or two more thereof . the second refusall of the said father was , as now you haue heard , to deliuer vp a certaine church in millan● to the arians , at the commandement of the emperour , alleadging for his reason , quae diuina sunt , imperatoriae potestatium esse subiecta , that such things as are diuine , are not subiect to imperiall power . which answere in like manner m. barlow alloweth , albeit i thinke i may assure my selfe , that if his matie of england should cōmaund one of his parish churches of lincolne diocesse to be deliuered vp to the puritās , or brownists , or other like sectaries , and that his maiesty should be so earnest , & resolute therin , as the emperour was , sending his officers & souldiars to put them into possession , m. barlow would not be so resolute in his deniall as s. ambrose was ; neither would he be so bold to alleage that reasō which s. ambrose did , that diuine things are not subiect to king iames his power ; including in the name of diuine things , the possession of this , or that materiall church . or if he would be so bold now , i assure my self he would not haue bene so in queene elizabeths dayes , whose spirituall supremacy though femininae , seemed much more to be esteemed of him , then this now of his maiesty , as presētly will appeare . the third refusall of s. ambrose to the emperour was , when the said emperour sent his tribunes , and other officers to require certaine vessels belonging to the church , to be deliuered , which s. ambrose constantly denyed to do , answering as before hath bene set downe , that i● th●● 〈◊〉 could not obey him , and that if he loued himselfe , he should abst●●●e to offer such iniurie vnto christ &c. which answer also m. barl●● well alloweth , signifying therby , that he would a●●wer● in the same sort to the magistrates & officers of king iam●● if he should send them vpon any occasion , to require at his hands the cōmunion cup , or any other such vessels belonging to any church in lincolne diocesse . and will any man belieue this , that he will be so stout ? but it is a pastime to see how he chatteth about this matter , as though he would say somewhat indeed , but yet saith nothing , at least to the purpose . let vs heare what he bringeth . things separated ( saith he ) to holy vse , are not to be alienated to 〈◊〉 vsage . here now euery man will laugh , that remembreth , how the vessels , vestments , and other such things dedicated vnto god , and consecrated to ecclesiasticall vses , in the catholike church , haue bene handled by protestants , taken away , defaced , and conuerted to prophane vses , which this man i presume dareth not to condemne . let vs heare him further . god hath in them , saith he , a 〈◊〉 right , as king dauid confesseth : first as his gift to man , secondly as mans gift agayne to him , which twofold cord tyeth them so strong , as it is an anathema ( or curse ) for any man , not consecrated to chalenge them : yea for them which are consecrated , if they do not only p●● them to that vse alone , for which they were dedicated . and do you see now heer● , how zealous m. barlow is become vpon the suddayne for defence of consecrated vessels in the church ? what vessels haue they consecrated thinke you ? or what kind of consecration do they vse therein ? he sayth it is an anathema for any person not consecrated to chalenge them : the sacred emperour , and king do demand them in this our case : if their persons be sacred , then in m. barlows sense they are also consecrated , and they may demaund these vessels , which as i said are very few in the protestant church : and if they had beene as few in the church meant by s. ambrose , it is not likely that the emperour would haue troubled himselfe so much in sending tribunes , and other officers for the same . but suppose the vessels were of like number , price , and value in the one , and the other church . yet i thinke m. barlow will not deny , but that the manner of consecrating them was far different , which may be seene in the ●●g●●churgians themselues , in the fourth century , and by s. ambrose in his second booke of office , cap. . where he putteth downe two sorts of church-vessels dedicated to diuine vses , the one initiata , hallowed or consecrated , and the other not yet hallowed ; and that in the time of necessity to redeeme captiues , or to relieue the poore , the second sort are first to be broken , and applied to these holy vses , but the former with much more difficulty , for that they were now hallowed . which difference i thinke the protestants do not greatly obserue , in their hallowed vessels . s. gregory nazianzen in like manner talking of such consecrated vessels as were vsed in the church in his time sayth , that it was such , as it made it vnlawfall for lay men to touch them , which i thinke m. barlow will not lay of his communion-cup , which all men take in their hands . but now to the question it selfe . do you thinke that m. barlow would deny vnto king iames that communion-cup , or any other vessels of a church , if he should as earnestly demand them , as valentinia● the emperour did , when he sent his tribunes and other chiefe officers to require them of s. ambrose ? if he would , what kind of supremacy doth he allow his maiesty in spirituall matters , if he may be denyed and disobeyed in these also that are in a certaine sort mixt , and in some part conioyned with temporall respects ? and truly when i do consider with my selfe , with what degrees m. barlow doth descend and go downeward in defending of the ecclesiasticall supremacy of his maiesty , bringing it , as it were to nothing from that high pitch , wherin king henry the eight both placed it , and left it , & his children king edward , and queene elizabeth continued the same ; i cannot but wonder and admire the prouidēce of almighty god , that hath wrought the ouerthrow in effect of that new protestant idoll , of spirituall authority in temporall princes , euen by protestants themselues . iohn ●aluin beginning the battery , as all men know , calling it antichristian : the puritans following him in that doctrine ; and now m. barlow ( though vnder-hand and dissemblingly ) confirming all that they haue sayd or do●● therin . the first pitch wherin king henry did place the same , was , as appeareth by the statute it selfe , in the twentith six yeare of his raigne , that he and his herres should be taken , ●ccepted , and reputed the only supreme head on earth of the church of england , called anglicana ecclesia , and should haue and enioy , ●●nexed ●nd vnited to his imperiall crowne , asi●eli the title & style therof , as also all honours , dignities , preheminences , iurisdictions , pri●iledges to the said dignity of supreme . head belonging &c. wherby is euident that the parlament gaue vnto him , as great authority ouer the church of englād , as the pope had before . and this very fame authority was translated after him , to his sonne king edward though a child , yea all preachers were commanded to teach the people that his minority of age w●● no impediment to his supreme spiritual gouernment , for that a king is as truly a king , at one yeares age as at ●wenty : so as the exception made by m. barlow , that valentinian●he ●he emperour was yong , when he commanded s. am●ro●e to dispute before him , maketh nothing according to this doctrine , against his spirituall authority , if he were head of the church , as king edward was . and further the parliament in the first yeare of king edward , explaining this authority , hath these words : that all authority of iurisdictions spirituall and rēporall is deriued , and deducted frō the kings maiesty , as supreme head of the churches and realmes of england and ireland vnto the bishops , and archbishops &c. and the like was passed ouer also to queene elizabeth by a statute in the first yeare of her raigne , wherin it is said , that all such iurisdiction ecclesiasticall as by any spirituall or ecclesiasticall power hath hitherto bene or may be lawfully exercised● for the re●ormation and correction of all māner of errors , heresies , schismes , 〈◊〉 &c. all and all manner of iurisdiction , priu●ledges , and prehe●●●●●ces , in any wise touching any sprituall , or ecclesiasticall iurisd●cti●●● with in the realme , was giuen vnto her , and vnited vnto the cr●●●e . this was the high doctrine in those daies of the pri●ces supreme ecclesiasticall , and spirituall power , o●er the church of england , no lesse thē of the pope himselfe ouer his church of rome . but now of later dayes , and by later writers , the case seemeth wonderfully altered ; for not only haue they taken away the name , & title of head of the church , which was treason by king henries statutes to deny , and many were put to death for not yielding therunto : but haue taken away the authority also it selfe , if we respect the substance , and shifting in words , to seeme still to retaine somewhat . wherin among others m. barlow seemeth eminent , and vnder a shew of defending the kings supremacy , to take it quite away . for let vs heare , first how he handleth the question , about the princes authority for iudging in cases of religion ; which is the principall of all the rest . he both proposeth , and solueth the question thus . may not then , saith he , a prince iudge in cases of religion and faith ? no : not iudicio definitiuo , to determine what is sound diuinity or not and so impose that vpon the consciences of men for faith , which he alone defines to be so : but iudicio executiuo , or iurisdictionis he may , and ought when the church hath determined matters of saith , command the prosessing therof , within his kingdome● as the soundest and worthyest to be receaued . this is his determination ; whereby it is euident , that he permitteth only vnto the king to execute that which his church in england , to wit , the bishops and clergy therof , shall determine about matters of religion , which is no one iote more of power in ecclesiasticall matters , then that which catholicks do ascribe vnto their ●emporall princes , to execute what the church determineth : but yet with this difference of much more dignity , that they are bound to the execu●ion only of that which the vniuersall church shall determine , & not of their owne subiects alone , as it falleth out on the behalfe of his maiesty of england in this case . in which point also i do not see , how he can wind himselfe out of this maze , that must necessarily follow of his owne doctrine , to wit , that one should receiue from another , that the other receiued from him . as for example , if the bishops being his maiesties subiects , as well in spirituall as temporal affaires , haue no spirituall iurisdiction but frō him , as the statute of king edward doth determine : and on the other side his maiesty to haue no authority , to define of any matter belonging to religion at all , but only to execute that which the bishops do define ; it seemeth that they receiue from his maiesty that authority , which they deny to be in him , and so , that he giueth them the thing , which he hath not in himselfe , but is to receaue from them . moreouer it is euident by this doctrine of theirs , that the bishops do make their courtes & tribunalls for matters of religion , to be absolutly greater then the kings , for that they do allow him no other power for iudging in spirituall matters , but only to execute , that which they shall define and determine . and albeit for dazeling the simple readers eyes , m. barlow doth in this place fumble vp a certaine distinction , not wel vnderstood by himselfe , takē out of some schoolmen , as he saith , noting occam in the margent , that there be three parts of this executiue iudgmēt , the one discretiue to discerne , the other directiue to teach others , the third decretiue : which third he saith , is in the prince both affirmatiuely to bind to the obseruing of that , which is so tryed and adiudged , and negatiuely to suppresse the contrary : and that this last is to iudge for the truth ; and the former of defining , is to iudge of the truth . yet doth all this reach no further , but to the power of execution of that which others haue determined , which may be called a power of impotency in that behalfe ; for that therin he is subiect , and not superiour , especially if it lye not in his power , either to execute , or not to execute , as he shall think best , which m. barlow here denveth , saying : that he may , and ought to execute , when the church hath determined . but on the other side , if he haue power and liberty to execute , or not to execute , then is the other power of defining in the bishops to small purpose . for that they may define , and he not execute , his iudgment being that they haue defined e●ill , and by that way becommeth he their iudge againe , to define whether they haue defined well , or no. and this is another circle or labyrinth which i see not how m. barl●● will easily auoid . i doe pretermit diuers other childish thinges that be in this speach of his , as where he propoundeth thus the question : as first , vvhether a prince may iudge in cases of religion , ●●d saith ? as though these two were sinonyma , and all one ; whereas religion contayneth many cases , as well of life , manners , and cerimonyes , as of faith ; in all which cases it may be demanded , how far the king may be iudge . secondly he saith , that the king cannot define , and determine , what is sound diuinity or not , which is far from the purpose . for the question is not , whether the king may iudge and determine what is sound diuinity or theologie , but what is matter of faith , and what is to be belieued , or not be belieued by a true christian within his realme . thirdly in like manner when he saith , that the king hath only iudicium executiuum , or iurisdictionis , as though they were all one : whereas executio , and iurisdictio are two different things , & iurisdiction is more properly in that party that defineth , then in the other that executeth : for that the former commaundeth , and the second obayeth . fourthly his terme also of discretiuum ascribed by him vnto all christians , to haue power to try spirits , whether they be of god or no ( besides that it seemeth contrary to that of s. paul to the corinthians , who reckoneth vp discretion of spirits to be a peculiar and seuerall gift vnto some alone , saying , alij discretio spirituum &c. ) is nothing well applyed by him to iudicium execu●iuum , for that it appertayneth rather to iudicium definitiuum , for somuch as those that haue power to define , & to determine of matters , are principally to iudge of spirits , & not their subiects to iudge of theirs : for that other wise there must needes ensue an inextricable confusion of trying , & iudging of one the others spirits . as if for example the bishops o● england should try & condemne the spirits of the purytans , and they agayne the spirits of the bishops , by colour of this power to discerne spirits , giuen thē by m. b●●lo● out of the words of s. iohn , there would neuer be an end . and lastly it appeareth by all this that his l●st distinction , wherin he sayth , that the king may iudge for the truth , and not of the truth , is a meere delusion , giuing somewhat in wordes , but nothing in deed ; for that if the iudging for the truth be nothing els , but to execute , allow , and approue , that which others haue defined , determined , and appointed out vnto him , to be belieued , and defended as the truth , then hath he no more free choice , or superiority in iudgment in this case , then euery subiect or common man , who is likewise bound to belieue and defend the same , according to his ability and power . now then to conclude the matter , and to reduce all to a briefe summe , for so much as m. barlow taketh away from his maiesty of england not only the title and style of head of the church , which was giuen to king henry , and confirmed to king edward , but the papall authority in like manner , for decision of matters , which was ascribed vnto them both by parlament , and confirmed to queene elizabeth ; and here saith , that he cannot iudge in cases of religion and fayth iudicio definiti●o , to define and determine any thing , but only execu●iuo , to execute what the church of england , to wit , what the bishops shall define , and ordayne : and for somuch as he addeth yet further now , in that which before we haue discussed , three other particuler cases out of s. ambrose , wherin he con●es●eth that his maiesty hath no authority , but may be resisted , to wit , if he should call before him a bishop to dispute with another of a different religion , as valen●inian did s. ambrose , and he denyed him : if he should commaund a bishop to deliuer ouer a church to a people of a different religion : and if he should command a bishop to deliuer vp the ve●els of his church , as the said empe●ou● did , and the ●ther refused to obey : all these things , i say , laid ●oge●t●er ●ut of m. barlows doctrine , do so much diminish the greatnes of his maiesties supreme power in causes ecclesiasticall , as in effect it commeth to be no more , th●n catholike doctrine doth ordinarily allow to euery catholicke temporall prince , for the obseruance , and execution of that which the church determineth . and this is m. barl●●●● heroycall exployt , to marre the matter he takes in hand for his clyent . let euery man iudge how well he hath deserued the good fee , which already he hath rec●a●ed for his plea , and hopeth to receaue more hereafter , if he may speed according to his expectation . of another example or i●stance out of s. gregory the great , about the obeying and publishing a law of the emperour mauritius , that he misliked : which m. barlow calleth ecclesiasticall . §. iii. there followeth another controuersy betweene m. barlow & me about a certayne fact of s. gregory the great concerning the law of mauritius the emperour prohibiting souldiars , and such as were accomptable to the emperours courtes for offices borne by them , to enter into monasteries and professe a religious life without his licence , whereof i wrote thus in my letter . neyther doth the last place cited out of s. gregory the great to the emperour mauritius , make any thing mo●e for our apologers purpose of taking oathes against conscience . for albeit the same father do greatly compla●ne in diuers places of the oppression of the church by the kingly power of mauritius , whome ( though otherwise a catholike emperour ) he compareth in that poynt to nero and diocl●si●n , saying : quid nero ? quid dioclesi●●●s ? q●id de●ique iste● qui ●oc tempore ●●●lesiam persequitur ? n●mq●●● 〈◊〉 omnes porta inferi ? wh●t was nero ? what was diocles●●● ? what is he who at this time , doth persecute the church ? are they not all gates of hell ? yet in this place alleaged by the apologer , he yealded to publish and send abro●d into diuers countreys and prouinces , a certayne vniust law of the sayd emperours , that prohibited s●uldiars , and such as had bene imployed in matters of publike accompts of the cōmon-wealth , to make thēselues monks . w●ich law , though s. gregory did greatly mislike , and wrote sharply agaynst it , to the emperour himselfe : yet to shew his due respect in temporall thinges vnto him , and for that indeed the law was not absolutly so euill , but that in some good sense , it might be tolerated , to wit , that souldiars sworn to the emperours wars , might not ( during the said oath & obligation ) be receaued into monasteries , but with the princes licēce : yet for that it tended to the abridgmēt of ecclesiastical freedome , in taking that course or state of life , which ech man chooseth for the good of his soule ; s. grego●y misliked the same , and dealt earnestly with the emperour to relinquish it , or to suffer it to be so moderated , as it might stand without preiudice of christian liberty : wherunto the emperour at length yeelded , and so s. gregory sent the same abroad vnto diuers primates and archbishops of sundry kingdomes mentioned by him , but corrected first and reduced by himselfe , as supreme pastour , to a reasonable lawfulnes , and temperate moderation : to wit , that those who had borne offices of charge in the common-wealth , and after desired to be admitted to religious life in monasteries , should not be receaued , vntill they had giuen vp their full accompts , and had obtayned publicke discharge for the same . and that souldiars which demanded the like admittāce , should be exactly tryed , and not admitted vnto monasticall habite , but after they had liued three yeares in their lay apparell , vnder probation . this determineth s. gregory in his epistle , beginning , gregorius eusebio thessalonicensi , vrbicio dyrachitano &c. adding further in the same epistle , as hath bene said , de qua re , ser●iss●mus & christianissimus imperator omnimodò placatur : about which matter our most clement and christian emperour is wholy pleased and content . so as in this s. gregory shewed his pastorall care and power , in limiting and moderating the emperours law , according to the law of god , though in temporall respectes he shewed him the obedience , that was due vnto him . but what is this vnto our oath ? may we thinke that s. gregory , that would not passe a temporall law of the emperour , without reprehension of the vnlawfulnes thereof to the emperour himselfe , and correction therof in the publication , for that indirectly it did infringe the liberty of religious life , when men were called therunto ; that he would not haue much more resisted the admission of an oath , about such affaires , if it had bene proposed ? no man , i thinke , in reason can imagin the contrary . to this declaration of mine m. barlow beginneth his reply thus : but that of gregory , saith he , toucheth the very quicke , who as he thought his duty discharged to god , in shewing the reasons why he disliked the law , so did he performe it very readily to the emperour , in promulging the same immediately , according to cōmandment . wherto i answere first , that howsoeuer it be , the quicke of our question is little touched hereby , for that we treat , whether an oath offered against the conscience of the swearer , may be taken or not , especially when the points therof concerne matters of religion : and here the question betweene s. gregory & mauritius is about the publishing of a law , partly temporall , for as much as it concerned the emperours army , officers , and publike accompts , and partly also including some touch against ecclesiasticall liberty , intaking that holy profession of monasticall life , for help of their soules ; for which la●er respect . s. gregory was most earnest with the said emperour to be content to haue the said law mitigated , & tempered as he had proposed the same ; and so in the end obtained his purpose , as by his words now recited doth appeare . secondly then , the chiefest point o● difference betweene m. barlow & me in this matter seemeth to be , whether s. gregory did yield to the publishing o● this law , before the mitigation & correction therof , or not . he sayth he did . but cardinall baronius , who seemeth more practised in the writings of s. gregory , then m. barlow in his cōmunion booke , holdeth the contrary , and proueth it out of s. gregories owne words and writings vnto the foresaid archbishops & metropolitās , eusebius of thessalonica , vrbi●i●● of dyrachium , constātius of millane , iohn o● corynth , iohn of creet , & others mentioned in his said l●tter : which letter he sent togeather with the said law , vnto those chiefe bi●hops & metropolitans , to be diuulged ; but first moderated and corrected ( saith baronius ) in the two points before by me mentioned . adding fu●ther that this epistle o● s. gregory concerning this co●rec●ion is found in his register , not in his due place & ranke , but remoued from thence , as many other of his ●pi●tles also are , which haue giuen some occasion to m. barlow for to wrangle about the matter , for that in two other epistles of his that go before this , to wit , the . to the emperour himselfe , and . to theodorus his phisitian , he intreateth earnestly for the emperours consent to this mitigation : wherof no man can meruaile , considering the humility and sweetnes of s. gregories nature , & that the law it sel●e seemed to be made vpon great reason , for the common-wealth , for some abuses perhaps that had pass●d , & might passe ; and consequently was no such ecclesiastical law , as m. barlow would haue it to be taken for . and so much the more reason had s. gregory to deale humbly by way of petition , with the sayd mauritius● for allowing of his modification , for that the law did not directly repugne any ecclesiasticall matter , but by a consequence only , the subiect of the law being grounded vpon temporall respects , which consequence notwithstanding s. gregory as a care●ull supreme p●stour , would not suffer to passe wit●out due reflection made theron , with endeauour to haue it amended . but wh●ther this were before or after his first sending o● the law into diuers prouinces , a● he sayth epist. . lib. . or after , as he writeth to the foresayd metropolitans , epist. . lib. . or whether he sent it two times , ●i●t to the prouinces with some aduertisements to be considered of , vntill he should haue obtained the emperours consent : and then againe vnto the sayd metrop●litans , with more full resolution , and ●ssurance that the emperour was content , and satisfyed , i shall leaue the matter to be disputed betweene cardinall baronius , and m. barlow ; albeyt the matter it selfe be of sm●ll moment to our purpose , as i haue sayd , for that , as s. gregory did on the one side shew himselfe subiect vnto mauritius at that time , in te●porall ●ffaires , so did he not neglect his pastorall office , & supreme care , in dealing with those arc●bishops , & metropolitans of diuers nations ( to whom he sent the emperours law ) to practise the sam● according to the temperament , and declaration sent them . and if his spirituall authority had bene acknowledged to haue bene no more at that time , then ouer the roman diocesse only , as now our protestants will acknowledge no more to our present popes , he would neuer haue taken vpon him to write , and send the law with his exposition , to so many great archbishops of diuers other realmes , and nations . and if mauritius the emperour had held himselfe for head of the church in those dayes , and to haue power aswell in ecclesiasticall affaires , as temporall , and that s. gregory had not bene head , he would neuer haue sent the law to haue bene published by him to the metropolitans , both of the east and west , greeke and latin church , himsel●e liuing in constantinople , being neerer vnto diuers of the said metrop●litans , then was rome , but would haue sent the same immediately vnto them , as from himselfe . and this might be su●ficient for this matter , but that i may not let passe without the note of another egregious ignorance , and malice , or rather malicious ignorance of m. barlow conioyned togeather in this place● the malice standeth in this , that he accuseth me of falsifying , for leauing out wittingly certayne wordes of s. gregory in his for●said epi●tle to the metropolitans , whereby he assureth them , that the emperour was pacifyed , and contented with his mitigation of the law sent vnto them . this ●alsi●ying iesuit ( saith he ) mentioneth the epistle , but leaueth out the wordes very cunningly , mihi credite , belieue me , our grati●●s emperour is so contented . whereas if you looke backe vpon my wordes , you shall find them set downe by me thus , as they stand in s. gregory ; de qua re serenissimus & christianissimus imperator omnimodò placatur . about which matter our most clement , & christian emperour is wholy pleased , & contended ; if mihi credite were pretermitted , it importeth little to the matter . this then was malicious , let vs see the ignorance coupled with more then with a single malice , when he speaketh of s. gregories wordes written vnto theodoru● the emperours phisitian , as before hath beene mentioned , sending a letter to him to be deliuered to the said emperour , at his good commodity . m. barlow relateth the matter thus . he writes to theodore the emperours phisitian , saith he , and intreats him to deale with his lord and soueraigne about it . the reasons wherof he had not , yea he would not , he saith , à respōsali suo publicè dare , publikely yeald as frō his chaire and oracle ( much lesse by his breue interdict ) but hauing suggested it priuatly , he left it to god and the emperours leasure and wisdome . in which words , besides the gros●e ignorance , in taking responsali for the popes chayre or oracle , wherin he defineth matters for direction of christendome ( whereas the word signifieth only his messēger , nuntius , or legat ) there are diuers euident fraudes discouered : as first that he doth interprete the popes priuate letter or suggestion ( as s. gregory calleth it , which he sent to theodore to be giuen to the emperour ) by the words yealding of reasons publikly , which is far from s. gregories meaning , as presently shall appeare . and secondly to make the sentence of s. gregory more appliable to his fond purpose , of interpreting it a chayre or oracle , he chāgeth dari into dare . the words of s. gregory be : nol● eam ( scilicet epistolam , vel suggestion●m ) à responsali me● publicèdari , quia vos qui ei familiariùs seruitis , loquiei liberiùs & ape●ti●● p●●●sti● , que pro eius sunt anima . i will not haue my sayd ●●●●er ( or suggestion ) to be giuen to the emperour publikly , by my legate or agent , for that you who do serue him more familiarly , may speake vnto him more freely and openly , those things which be for his soule . which words being most plaine , who but an ignorant man , or most malicious , would translate responsali , as from hi● chayre and oracle ? which cannot stand in the sight of euery child , either with signification of responsali● , or with the reason of s. gregory here alleadged . for what sense may it haue if s. gregory should say to theodore the phisitian , as m. barlow feigneth him to say , i haue not , nor will not yield reasons publickely from my chayre and oracle , and much lesse , i●erdict by breue , for that you seruing him more familiarly , may speake more boldly and openly . but as i say the wilfull ignorance or malice is manifest , for that he can neuer in his whole life shew vs in any one example where responsalis is taken for the popes chayre or oracle , but for a messenger , embassadour , nuntius , legate , or agent , named otherwise apo●rysiarius . we could shew him a multitude of places out of s. gregory him selfe , if we would stand vpon it , as namely in his . epistle lib. . to mauritius the emperour , talking of the legates of cyriacus archbishop of cōstantinople he saith , responsales fratris & consacerdotis mei cyriaci benignè suscepi : i benignly receaued the legates or messengers of my brother and fellow priest cyriacus . and agayne afterward in the same epistle , responsales eius mecum feci sacra missarum solemnia celebrare . i caused his messengers to celebrate the holy solemnity of the masses togeather with me . where i hope m. barlow will not say , that he receaued bishop cyriacu● his chayre with benignity , or that he made his c●aire and oracle to say masse with him . and the very same speach he vseth againe in the very next ensuing epistle , to e●logius bishop of alexandria , and to anastasius bishop of an●ioch . and agayne in his epistle . to iohn archbishop of constantinople . et antè per r●sponsales me●s , & nunc per communem filium meum sabinianum diaconum alloqui fra●erni●●tem vestram volui . i resolued first to admonish your brotherhood by other messengers of myne , and now by our cōmon sonne sabinianus the deacon . many other such like exāples might be alleaged , which for breuity i pretermit : & doe take pitty of m. barlow to see him erre so grossely , as to imagine that responsalis should signify a popes chayre , or oracle . and so much of this . vvhether covncels have svbmitted themselves vnto christian emperors in spi●ituall affayres : and namely that of arles to charles the great ? chap. vi. after the examination of the authorities of scriptures , and fathers alleaged by the apologer , for the prerogatiue of temporall princes in matters of religion , there followeth also in ●he third place somewhat of councells , that seemed to submit themselues in t●eir decrees about religion , vnto the iudgment and liking of emperours , which to the end the reader may the better conceaue , and ●ee the whole conflict betwene m. ba●low and me in this poynt , wherin as in all the rest ●e seek●th to be obscure , i shall set downe the whole speach ●sed in my former letter : thus then it was . the last thing thē ( said i ) that i● cited without purpose by the apologer , are certayne councels which ar● said to haue submitted themselues to emperours as that of arles in france vnto charles the great their king , for that in the last words of the said councell , the bishops there gathered togeather , presenting the same to the said charles write thus : haec sub breuitate , quae emendatione digna perspexim●s , &c. these thinges briefly which we haue seene worthy of reformation , we haue noted , and deemed to be presented to our lord the emperour , beseeching his clemency , if any thing be wanting to supply it by his wisdome , and if any thing be otherwise done then reason requireth , it be amended by his iudgment , and if any thing be reasonably censured , it may be perfected by his help , and by the clemency of almighty god. so the councell . and heerof would the apologer inferre that this councell of bishops submitted it selfe to the emperour . but i would aske him wherin ? to take any oath that the emperour charles should propose vnto them ? we see no oath offered , nor mentioned , and so nothing here to our purpose . wherin then , or why are they said to haue submitted themselues ? for that , perhaps , it is said in the preface of the councell , that they were gathered togeather by order , and cōmaundement of the said emperour . surely it was hard , that so many bishops , and archbishops should be assembled togeather without his liking , and order . but that the consent , direction , and chiefe commission for the same , came from the bishop of rome , may easily be gathered : for that in the first councell that he caused to be celebrated in his dominions , which was that of vvormes in the yeare of christ . it was left registred in these words : auctoritas ecclesiastica , atque canonica d●cet , non debere , absque sententia romani ponti●icis , concilia celebrari . ecclesiasticall and canonicall authority teacheth , that councels may not be held , without the allowance of the bishop of rome . and wher in thē ? or why is this submission made ? for approbation of matters concerning faith ? no , for that yow haue heard before out of s. ambrose , that therin emperours are not iudges of bishops , but bishops of emperours . wherin then , or why is this submission , or rather r●mission to the emperour , and his iudgment ? it was , for that this councell was made onely for reformation of manners and matters , at the religious instance of the good emperour , the effectuating wherof did depend principally of his good will and ass●●tance , and so after the first canon , where briefly is set downe the confession o● the christian faith , all the other . canons ( for there are only . in all ) are about reformation of matters amisse : as for more diligence in daylie prayer for the emperours person , and his children , to wit , that a masses and ●et●●ies be said da●lie for them by all bishops , abbots , monks , and priests . b that bishops and priests study more diligently , and teach the people , both by lessons and preachings : c that lay men may not put out priests of their benefice , without the sentence of the bishop , nor that they take money of them for collation of the said benefices : d that none be admitted to enter into the monasteries of virgins eyther to say masse , or otherwise , but such as be of appro●ed vertue : e how peace is to be held betweene bishops , earles , and other great men , especially in execution of iustice : f that weightes and measures be iust and equall , and that none worke vpon holy dayes : g that all tythes be payd , al ancient possession mantayned to the churches . that no secular courtes be held in churches , or church porches : that no earles , or other great men do fraudulently buy poore mens goods &c. these then were the pointes of reformation , decreed in that councel of arles , at the instance of charles the great , who was so zealous a prince in this behalf● , as he caused fiue seueral councels to be celebrated in diuers partes of his dominions within one yeare , to wit , this of a●les , another at towers , a third at chalo●s , a fourth at mentz , the fifth at rhemes , and another the yeare before ( which was the ●ixt ) ad theodonis villam , which is a towne in luxemburge . al which prouincial synodes are extant i● the third tome of councels , togeather with the canons and decrees , which are such as could not be put in execution , but by the temporall fauour , authoritie , and approbation of the emperour in such matters , as concerned his temporall kingdome and iurisdiction . wherfore i● for these respects , the councell did present vnto the emperour these canons to be cōsidered of by his wisedome , whether any thing were to be added , altered , or taken away , for the publike good of the common wealth ( no controuersy of faith being treated therin ) what is this to proue , eyther that the emperour in spirituall matters was superiour to the said bishops , or that if he had proposed vnto them any such oath , as this is , wherin by pro●essing their temporall allegiance , they must also haue impugned some poynt of their faith , that they would haue obeyed him ? and so much of this councell . this was then my speach , yielding furthermore a reason , why i did not stand vpon the places of some particuler councels alleadged , for that the discussion of this one made manifest all the rest , that they tended only to this end , that they proued temporal obedience in subiects towards their princes , in temporal affaires , which catholicks deny not , and so in effect they proue nothing to the purpose in hand . but yet it shall be good to ponder a little , what m. barlow bringeth in against that , which heere i haue written . first he saith , that not only these prouinciall councels , of arles in france , and diuers others submitted themselues wholy to the emperour charles the great , in most humble termes , but the foure generall councels also s●mmoned at the beck , and command of the emperour , submitted themselues for the validity , and establishing of their decrees to his most royal assent . and within three lines after againe : vvhole councels , saith he , submitted themselues in all dutifull reuerence to their soueraignes , not only in matters of temporall affaires , but in faith and religion . and yet further in the very next page : the emperour , saith he , that hath the sole authority to summon a councel , hath the sole power to make good or voyd what it concludes . and we must note that he putteth downe the words to make good , or voyd , in a different markable letter , therby to signify that this is an axiome of great solidity . and yet i suppose that he could not be so forgetfull , or negligent as not to see , that all this is quite contrary to that which he wrote within three leaues● before , to wit , that in cases of religion and faith , princes could not iudge any thing , iudicio definitiuo , to define or determine , but only executiuo , to put in execution that which the church determineth . but now if not only the councell of arles , and other prouincial councels , but the first foure general councels submitted themselues also for the validity and establishment of their decrees , which are knowne to haue bene concerning points of religion and faith , vnto the emperours royal assent : so as whatsoeuer was decreed there by the church ( & this not a prouincial or national church only of england , but the whole vniuersall church gathered in those first foure counc●ls ) should haue no validity , except the emperour approued the same ; this is more then iudicium executiuum , to execute that which the other had determined . for here the emperour doth iudge of al , yea euen of the iudges themselues , and of their iudgments and decrees , and consequently hath the last and supreme iudgment de●initiue , to define and determine what decrees are truly and rightly made , and to ratify or make void what he shall think good , which is as much as we do , or can ascribe vnto the pope . and this is confirmed in like manner by m. barlows second ass●ueration , that councels must submit themselues in all dutifull reuerence , not only in matters of temporall affaires , but of faith and religion also● what can be ●poken more plainly in contradiction of his former assertion ? and what more absurdly then that which followeth in the third place , that the temporall prince hath sole power to make good or voyd● what the councell concludes ? for that hereby all the conciliabula or vnlawfull false councels that met togeather often in the primitiue church , as that of a●iminum for the arians against the catholickes , that of carthage against cecilianus , that of constan●inople against marcellus , that of antioch against athanasius , that of burges in france against s. hilary , & diuers other , hauing the assent and approbation of hereticall emperours then bearing rule , shal be good and lawfull councels , and all other councels gathered for the catholicks against these to be voyd , & of no validity . do you see heere m. barlows manner of writing ? and how he plungeth himself aboue the eares in contradictions , without marking , or respecting what he said before , so he may say somewhat for the present ? but do you thinke that he wil stand to this now ? no. for that in the very next ensuing leafe , he being pressed by me to answere what submission that was , which the councel of arles made to charls the great for his approbation , and whether it were of matters concerning faith , he runneth quite backe againe , denying that emperours haue any such authority . to iudge , saith he , definitiuely which are matters of faith , or no , is not for the emperour : but to ratify by hi● assent , and command by his authority , what the church or councell so assembled hath defined to be matter of faith , is proper to emper●●rs and kings . which words if you consider them well , do cōtaine most euidently the contradictory of that he sayd before , that councels were to submit themselues for the validity of their decrees to the emperours royall assent , and that not only in temporall affaires , but in faith and ●eligion : and that they only haue power to make good or voyde all conclusions of councels : which contayneth manifestly power also to define : & it is but a shift to say heere , that it is not for the emperour to iudge definitiuely , which are matters of faith or not . for it is not the chiefe question , which matters belong to faith , and which not , for that is easily discerned in general , but which opinions in these matters be true , or false , doubtfull , dangerous , catholicke , or hereticall in particuler . wherin , forasmuch as the decrees that are , or shal be made by the councels assembled , must take their validity from the emperours assent , yea euen as they are matters of fayth and religion , and that without this assent they are vtterly vo●de ; it is a ridiculous thing to see m. barlow play fast and loose , as he doth in this matter , taking away with one hand , that which he giueth with the other , & then yielding againe that which before he had taken away , which proceedeth of the miserable labyrinth , wheri● he seeth himselfe to be in this question , about the kings spirituall authority , which he would seeme to defend , ●●t in effect ouerthroweth the same , when he commeth to the point , as before hath byn noted . and this necessity driueth him to such contradictory speaches , not knowing well where to rest himselfe , as euen heere in these his last wordes , there is a notorious intanglement , if they be wel considered . for first he sayth , that it belongeth not to the emperour definitiuely to iudge which are matters of faith , but to ratify by his assent , what the councel had defined to be matter of faith . suppose that some councel had decreed that christ was the sonne of god , and equal in god●ead to his father , as diuers did vnder constantius the ariā emperour , and he would not ratify the ●ayd decrees by his assent , were they all voyd for this ? and had they no validity ? or was this councel bound to submit it selfe , in these points of faith and religion , vnto that emperour , as m. barlows former doctrine inferreth ? though heere he would seeme to moderate the matter ; but indeed he knoweth not where to consist . for if no decrees of councels in any matters of faith or religion , haue any validity , without the emperours ratification and assent , as heere also he doth insinuate , then must we needs allow also vnto him power to iudge definitiuely , and not only to execute , as before hath beene proued . and as for the instance which he alleage●h out of the synod of aquileia held vnder the raigne of gratian , valenti●●an , and theodosius ioynt emperours , wherin was s. ambrose that wrote with the rest of the bishops vnto the foresai● emperours , humbly and earnestly desiring them ( saith m. barlow , that they would vouchsafe to make good , what the bishops ●ad in th●s assem●ly concluded , it is meerely false , for first no such speach is found in the place by him cited : & secondly though the sayd bishops doe complayne much in that letter of certa●ne disorderly hereticks , that troubled their peace , namely valence , and attal●● , and did request the protection o● t●e ●ayd emperours , for their quiet : ye● doe they not , as m. barlow falsely affirmeth , desire th● emperours to ratify their decrees , set downe in matter● o● faith , or to make good , what they had concluded ; fo● that had byn to haue made them iudges of their said decrees , against which thing , as attempted by the heretiks , s● ambrose excepteth in that very place , saying , that pries● must iudge of lay men , and not lay men o● priests , in matters belo●g●●● to religion : but they did demaund their temporall help an● protection , only for defence of that which they had decreed , and for peaceable obseruing thereof , putting th● said emperours in mind , to haue first respect vnto th● reuerence of the catholick church , and then vnto th● obseruation of their owne laws therby : reuerentiam pri●●● ecclesiae catholicae , deinde etiam legibus vestris pietas vestra defer●●●ubeat . ●hat your piety doe first commaund reuerence t● be exhibited to the catholicke church , and afterward t● your owne laws . so s. ambrose with that synod . where●by may appeare , what reuerence , and respect they requyred at these three christian emperours hands vnto thei● ecclesiastical decrees ( they representing the church ) before their owne imperiall lawes . vnto the sentence which i doe cite in my letter on● of the councell of vvormes , that councels may not b● held without allowance o● the bishop of rome● m. barl●● an●wereth with more choller then reason , that it is a manifest vntruth , made good by an obscure author , out of a councel ●euer assembled , or neuer recorded . but if it be so manifest , why had not he alleadged so much as one author , old or new since that time , which is aboue . yeares agone tha● denied the same , vntill this our age ? whereas we alleadg● for the affirmatiue , that there was such a councell held at vvormes vpon that yeare of . both out of the life o● charles the great , written by a very ancient author , a● al●o out of the . and . bookes de capitularibu● franc. and out of m●ny histo●ies after them , as namely rhegine , tha● liued full . yeares agone , and mentioneth that councell of vvormes , vpon the same yeare : yea the author● themselues mentioned by m. barlow , namely genebra●d , byn●●● and caranza , being confessed by him to mention such ● councel , do proue also that it was recorded . and as fo● his negatiue argument out of canisius in his short table of chronography , prefixed before his catechisme , who ●●ming some councels , doth not name that councel of vvormes , hath no substance at al. for that canisius his purpose was not to name all councels , especially such as were prouinciall , as this of vvormes was , but some only 〈◊〉 example sake : for in that very age of . wherein ch●●les did florish as emperour , i find . or . at least pre●●rmitted by canisius , as ratisponense , altinense , constantinop●●●● 〈◊〉 , actinacense , lugdunense , and some others . and in the precedent age , when charles was king of france , i f●nd aboue a dozen prouincial councels left out of ca●●●●●s his chronology ; and so might this also be of vvor●es , albeit there is a councel of vvormes registred by him , about the middle of the age of ; which also may be this , that we talke of , though placed by the printer somewhat lower in the columne , then it should be . but why do we stand spending of time in these tri●●ing obiections brought in by m. barlow against himselfe ? if the counc●ll be confessed by so many as himselfe mentioneth here in this place , to wit , genebrard , by●nius , and caranza , and the sentence before cited for the necessity of the popes consent in gathering of the councels cannot be denied , but that it is registred in the history before mentioned , de capitularibus franc. as bynnius also expresly affirmeth , though concealed by m● barlow ; who doth not see but that one or two ancient authors affirming any thing , are to be preferred before many , that hould their peace , and say nothing to the contrary ? but as for the mayne question it selfe , whether it appertayne vnto the popes authority to call councels , and approue the same , the profe is not taken so much from this acknowledgment or testimony of the councell of vvormes , which did but set downe the sense of the christian church in these dayes ; but from other far more ancient proofes and testimonies , as m. barlow wel knoweth , though here he dissembleth the same , and cha●eth exceedingly , saying , that this fugitiue ( for such is his modesty of speach ) wil f●tch a 〈◊〉 sentence from this councel to warrant no councel to be good , that i● celebrated without the popes authority , and therby at one push ouerthrow the credit of al councels , both general and particuler for the better part of . yeares after christ. wherto i answer first , that to be a fugitiue for the cause of catholicke religion , is no reproach at al , but a high commendation , warranted by christes owne words , when he willed them that were persecuted in one citty , to fly into another : and much more happy is it to be a fugitiue , then a persecutour . s. athanasius in his booke de fugasua , of his flight and persecution , doth handle the matter at large , to whom i remit the reader . secondly , as for the summoning & gathering of coūcels , general or particuler , our controuersy is principally of general councels , for as for diocesian synods , as they may be assembled by ech bishop in his district , and the prouincial councels by the metropolitan , which protestants themselues wil not deny : so by the due proportion of good order , general councels must be gathered by commandment or consent at least of the general pastour , though in states subiect to temporal princes , good reason requireth that the matter be done in like manner with the approbation of the said temporal princes , for the houlding of the said councel , in this , or that place of their dominions . and this was obserued in the first . general councels , which were commanded to be gathered by constantine , theodosius the elder , theodosius the yonger , and martian the emperours , by the assent and approbation of the popes , syluester , damasus , celestinus , and leo : which besides other proofes of seueral histories is made euident by the last of the said . councels , to wit , that of chalcedon , where , in the first action , the heretical archbishop dioscorus was punished publikely , and forbidden to sit amongst the bishops , for that he had presumed to call a councell without the authority of the apostolike sea : qu●d numquam licui● , say they , numquam sactum est , that neuer was lawfull , nor euer was done . and consequently this prooueth that all the first . generall councells were gathered by the consents and approbations of the bishops of rome , though with the concurrence also of the emperours , without whose good liking , the meeting of so many bishops in their states could not be permitted , as before hath bene said . but now here before i passe any further , i must make you acquainted with a solemne foolery and falshood of m barlow , concerning cardinall bellarmine , for that hauing vttered the words before mentioned , that coūcels were to be gathered by the emperours , and not by the bishops of rome , though he citeth no one argument for the same : yet saith he , this is a thing so cleare and radiant , that bellarmine himselfe being dazeled with behoulding the euidence , euen as s. peter , not wi●●ing what he said , though he laboured to build for the pope , yet lab●●reth be also to build for the emperour , and in that same place he ●●eweth diuers reasons , why it rather belongeth to emperours , then to popes for ●o assemble councells , citing for the same in his margent bellar. de concil . cap. . but truly when i went to the place of bellarmine and read his words , i was ashamed on m. barlowes behalfe , and his folly was so radiant in my eyes ( to vse his phrase ) that i could not read them without blushing : for that in the chapter by him cited , and in the other going before , bellarmine doth proue most substantially by many arguments both out of scriptures , fathers , councels , reasons , histories , practice , and examples , that it appertayneth not to the emperour only or principally , but to the bishop of rome to call general coūcells , or at leastwise , that it may not be done without the said bishops consent , and approbation first had , so as the very contradictory proposition to this , which m. barlow sets downe , is found in these expresse words in bellarmine , ●sse reuerà ponti●icis , non imperatoris congregare synodum generalem , that is belongeth truely to the pope , and not to the emperour to gather a generall councell . adding notwithstanding . particuler reasons and temporall respects , why diuers generall councells could not be gathered togeather vnder the emperours , who were temporal lords of the world , without their likings & consents . not , saith he , for that a councell gathered without the authority of the emperour among christians should not be of validity , as our aduersaries doe dreame ( whereas s. athanasiu● saith plainely in his epistle to them that lead a solitary life , quando vmquam iudicium ecclesiae ab imperatore authoritatē habuit ? when did euer the iudgment of the church take authority from the emperour ? ) but for that the temporall state of christendome standing in the emperours hands , no such meeting could be made without their approbation . and can this stand with that which m. barlow here affirmeth in his name , that he shewes diuers reasons why it rather belonged to emperours , then to the pope to assemble councells ? will he not blush , and be ashamed of this shameles calumniation , or rather forgery ? as for that he obiected cōcerning the graunt giuen to charles the great , by adrian the pope , to haue authority to approue the election of the bishop of rome , and other bishops and archbishops , and to dispose of the sea apostolike &c. i referre him to cardinall baronius for his answer in his annales of the yeare . where he discusseth the matter at large , and proueth it a meere fiction , and plaine fraud inuented , & registred first by sigebertus in fauour of the cause of henry the fourth emperour excommunicated by the pope : which he proueth by many playne euidences out of all the ancient writers , for the space of . years after charles his time , who neuer made mention of any such graunt ; as also the expresse testimony of eginhardus , that was notary to charles the great , and was alwayes about him , and wrote his life , and by diuers other proofes which were too long here to recite . therfore with this shall we end this chapter . vvhether the pope in his breve did forbid temporall obedience to his maiesty of england ? and whether the said pope hath power to make new articles of faith ? chap. vii . wheras in the apology , a great cōplaint was made against the pope , for that in his breue he did forbid temporall obedience to be performed to his maiesty , as a poynt against fayth and saluation of soules ; & moreouer chargeth him with assuming vnto himselfe infallibility of spirit to make new articles of sayth when euer it shall please him &c. my answer therunto was this . i find no such thing in the breue at all , as that temporall obedience is against faith & saluation of soules : nor doth the breue forbid it : nor doth any learned catholike affirme , that the pope hath power to make new articles of faith : nay rather it is the full consent of all catholike deuines , that the pope , and all the church togeather , cannot make any new article of beliefe , that was not truth before , though they may explane what poynts are to be held for matters of faith , and what not , vpon any new heresies or doubts arising ; which articles so declared , though they be more particulerly , and perspicuously knowne now for points of faith , and so to be belieued , after the declaration of the church , then before : yet had they before the selfe same truth in themselues , that now they haue . nor hath the said church added any thing to them , but this declaration only . as for example , when salomon declared the true mother of the child that was in doubt , he made her not the true mother therby , nor added any thing to the truth of her being the mother : but only the declaration . wherfore this also of ascribing power to the pope of making new articles of fayth , is a meere calumniation amongst the rest . so in my former writing : now we shall examine what m. barlow replyeth about these two points . in the first , whether the oath do containe only temporall obedience , he is very briefe ; for hauing repeated my words by abbreuiation , that the popes breue forbids not temporall obedience . no , saith he , it forbids the oath , wherin is only acknowledgment of ciuill allegiance . but this we deny and haue often denied , and still must deny , and craue the proofe at m. barlowes hands , who though he hath often affirmed the same , yet hath he neuer proued it by any one argument worth the reciting , which notwithstanding is the only or principall thing that he should proue . for that being once proued , all controuersie about this oath were ended . and it is a strange kind of demeanour , so often and euery where to affirme it , and neuer to proue it . he addeth for his reason in this place : he that prohibits the swearing against a vsurping deposer , denieth temporall obedience to his rightfull soueraigne : and sayth neuer a word more . but what doth this proue ? or in what forme is this argument ? for if vnto this maior proposition he shall add a minor , that we do so , or that the popes breue doth so , we vtterly deny it as manifestly false . for who will say that the popes breue prohibits swearing against an vsurping deposer ? or what catholike will say that his refusall of swearing is against such a one , and not rather against the authority of his lawfull pastour ? wherfore this proofe is nothing at all● but he hath another within a leafe after , which is much more strange , for he bringeth me for a witnes against my selfe in these words . vvhat hitherto ( sayth he ) he ●a● laboured to confute , and now peremptorily denyeth ( that the breue ●●insayeth not obedience in ciuill things ) he plainly now confesseth , and gr●●teth . if this be so , that i do grant the popes breue to prohibite obedience in temporall thinges , then will i graunt also that m. barlow indeed hath gotten an aduantage , and some cause to vaunt : but if no word of this be true , and that it is only a fond sleight of his owne , then may you imagne to what pouerty the man is driuen , that is forced to inuent these silly shifts . let vs lay forth then the mystery , or rather misery of this matter as himselfe relateth it . the pope , saith he , being iustly taxed for not expressing any cause , or reason of the vnlw●ulnes of the oath , the epistler saith , there are as many reasons , that it is vnlawfull , as there are points in the oath which concerne religion , against which they must sweare . and is not this a good reason , say i ? is not the forswearing of any one poynt of catholike religion sufficient to stay the cōscience of a catholike man from swearing ? but how doth be proue by this , that i confesse the breue to forbid temporall obedience ? do you marke , i pray you , his inference , and consider his acumen . but there is no one poynt ( sayth he ) in the oath , that doth not so , to wit , that doth not concerne religion , euen that first article which meerely toucheth ciuill obedience . i do sweare before god , that king iames is the lawfull king of this realme &c. ergo , i do grant that the breue forbiddeth the swearing to all the articles , and consequently leaueth no obedience , ciuill or temporall . but do not you see how he contradicteth himselfe in the selfe same line , when he sayth that there is no one point that concerneth not religion , euen the very first article , that toucheth meerly ciuill obedience ? for if it touch only and meerly ciuill obedience , ●hen doth it not touch religiō in our sense . for that we do distinguish these two , deuiding the oath into two seuerall parts , the one conteyning points of temporall obedience , for acknowledging the right of his maiesty in his crownes ; the other concerning points of catholike religion , belonging to the popes authority . to the first wherof , we refuse not to sweare , but only against the second . and now m. barlow sayth , that all concerne religion , and consequently we grant that the popes breue alloweth no temporall obedience , but denieth all . and is not this a worthy dispute ? but let vs passe to the second question , whether the pope or church , hath authority to make new articles of faith , as the apologer obiected . and first to my declaration before set downe to the negatiue part , that the catholicke church pre●endeth not any such authority to make new articles of faith , that were not of themselues true , and of faith before ; he obiecteth first doctor stapletons saying , that the pope and councell may make the apocryphall bookes named hermes , and the constitutions of clement to be canonicall . whereto i answere , that doctor stapleton sayth only , that as the ancyent christian church had authority vpon due examination by instinct of the holy ghost to receaue into the canon of deuine bookes some that were not admitted before , as for example the epistles of s. iames , the two bookes of machabees , the epistle of iude , and diuers others , as appeareth in the third councell of carthage , wherein s. augustine himselfe was present , and su●scribed ; so hath the same church at this day , and shall haue vnto the worlds end , authority to do the same , si id ei sanctus spiritus suggereret , sayth doctour stapleton , that is , if the holy ghost shall suggest the same vnto her● librum aliquem al●●m n●ndum in can●nem recep●um , apostolorum tamen tempore conscriptum &c. to receaue into the canon some other booke written in the time of the apostles , and neuer reiected by the church , though it were not receiued for canonicall before , giuing instance of the said two bookes of hermes , and cl●ments constitu●ions before mentioned . so teacheth doctor stapleton , and the reason of his saying is , for that the authority of the church is the same now , & shal be vnto the worlds end , as it was in the first ages to iudge of scriptures , when occasion is offered . and if the church should admit any such booke now into the canon of holy scriptures , which was not held for scripture before , ( which yet is a case not like to fall out ) then should no● this booke be made scripture by the church , but only declared to be such , which was so from the beginning , though not so knowne & declared . so as the church in this case should not giue infallibility of truth vnto the booke , but only testimony by instinct of the holy ghost , that this booke was such from the beginning , though not so accepted . so as you must note two cogging tricks of m. barlow in cyting doctour stapletons words , first to conceale his first condition , si id ei spiritus sanctus suggereret , if the holy ghost should suggest the same vnto the church : and then these other two conditions , if it were written in the time of the apostles , and neuer reiected by the church : which omissions were made by m. barlow of purpose , to make m. doctour stapletons speach to appeare more naked and improbable : but indeed it was to keep his old custome , which is neuer commonly to relate things truly in all respects , in any citation whatsoeuer . his second obiection is out of bishop fisher , vvho sayth quoth he , that whatsoeuer the pope with a councell deliuereth vs to be belieued , that is to be receiued as an article of fayth : which we graunting to be true , do ad only this , that it is to be vnderstood according to our former declaration , and as the bishop himselfe expoundeth it , against ●uther out of scotus saying : non quòd ●unc verum ecclesia fecerit , sed à deotraditum explicauerit , sayth scotus : not for that the church made true this article ( for it was true before ; ) but ●or that it did declare it to be true , and to haue bene deliuered by god , and this by direction of the holy ghost , promised by our sauiour to the church . so sayth bishop fisher. here now you see that neyther the church , nor the pope head therof do pretend to make any new article of fayth that was not in it selfe an article of fayth before ( yea and so belieued also fide implicita , by implyed fayth ) in the faith of the church : but only the intention of the church is to declare it to haue byn such from the beginning , though not so knowne or declared , and therfore men were not bound to belieue it fide explicita , by expresse fayth , as now they are , after the churches definition , and declaration therof . and that this is the common sense of all catholicke deuines , according to my former wordes , that the pope and all the church togeather cannot make any new article of beliefe , that was not truth before , ( at which assertion of mine m. barlow maketh much adoe , as though it were false ) is proued among other learned men of our dayes by gregorius de valentia , whose wordes are ; that it is sententia communis theologorum , the common opinion of deuines : for which he citeth in particuler a multitude of authors , & principall schoolemen . and his whole discourse founded vpon scriptures , fathers , councells and other arguments consisteth in this , that as whatsoeuer is now belieued by the church for matter of fayth , was in substance belieued before , in all other precedent ages vnto christes time actu fidei implicito , by an implyed act of fayth , that is to say , the belieuing in generall whatsoeuer the church belieued : so many thinges are now belieued by the church , actu fidei explicito , by expresse fayth , which were not so belieued before , for that the church frō time to time hath had authority to explaine matters more clearly and expresly , which before were belieued by an implied faith only . as for example , the first councell of nice though it determined nothing for the p●oceeding of the holy ghost from the father and sonne , as was afterward declared vnto vs by the church , but that it belieued the same , yet may we not deny but that it belieued the same , not fide explici●a , but implicita only . and so in like manner the other articles of faith and explications therof made by the subsequent councels , about the vnity of the person & differēt natures in christ , & that his mother should be called the mother of god , were belieued implicitè , by those of the councel of nyce , and consequently were then also articles of faith , though they were not belieued by them explicitè , as we are bound to do , after the explication made by the church . let vs conclude therfore with bishop fi●●ers owne words against m. barlow : quod tame●si nequeat sum●●● pontisex &c. that albeit the pope with a councel , that is to say the catholick church , cannot make any thing true or false , that is not true or false of it selfe , and consequently cannot make any new articles of faith : yet whatsoeuer the said church shal deliuer vnto vs , as an article of faith , that , al true christians ought to belieue as an article of faith , which scotus also himselfe in the same place affirmeth . thus bishop fisher ( whome you see how impertinently m. barlow alleadgeth against my assertion ) saith the very same that i do . let vs go forward . thirdly then he obiecteth s. thomas of aquine , who talking of the different creeds that are set forth concerning the articles of our faith , some more large , and some more briefe , demandeth to whome appertayneth noua editio symboli , the new edition of a creed , when the necessity of new heresies doth require ? and he sayth it belongeth to the pope as head of the church . and what is this against me ? did not s. athanasius also set forth his creed , though he were not pope , with addition of many articles for explanations sake , which were not expressely in the apostles creed , though in substāce of truth they were nothing different ? did not diuers councells set forth credes with sundry explanations that were not before ? all which standeth vpon this ground so much pondered by ● . irenaeus , that the apostles had all truth reuealed vnto them by christ , and they left the same in the church : so as whatsoeuer is , or hath , or shal be added afterward by the said church , are only explications of that first reueiled truth : and the childish babling here of m. barlow to the cōtrary , is to no purpose at al , for he citeth diuers authors for that which we deny not , but yet alwaies commonly with addition of some vntruth of his owne , as heere he alleadgeth out of the iesuit azor , that it belongeth vnto the pope to define dogmata fidei , doctrines of faith , which we deny not : but when he addeth , that this belongeth vnto the pope only , and not to a councel , this is his owne inuention , for azor ioyneth them both togeather , the councel as the body , and the pope as the head , and saith that these words of the promise of christ , the holy ghost shal teach you al truth , were not spoken to a councel , or to the church , as separate from her head , but as adhering to her head , and ioyned with the same . so in like manner he citeth suarez to affirme , that th● pope may define any thing , though not expressed in scripture , to be defide , without any expresse reuelation from god ; which though in some part it be true , for that the ordinary assistance of the holy ghost to the church , may giue sufficient direction for the church so to determine : yet are there diuers wilful corruptions here to be discouered , in these few words of m. ba●low , for that first suarez doth not speake of the pope alone , but of the whole church , to wit , of the body togeather with the head , as azorius did before . secondly he doth not say that any thing may be defined , for a point of faith , by the church , but speaketh of a special doctrine in some speciall case , which case he there setteth downe . thirdly , though he required not nouam reuelationem expressam , a new expresse reuelation , as his words be , yet he requireth implicitam and t●citam , an implyed and s●cret reuelation . al which limitations m. barlow leaueth out of purpose , and therin sheweth his fidelity in citing of authors . next after this he hath this speach : but what need opinions , saith he , when the practice is extant , a whole new symbolum is set ou● in the prouincial synod at millan , wherin twelue new articles are added to the nicen creed , which al catholicks are bound 〈◊〉 paine o● anathema , to professe by word , and sweare by oath . so he . and truly this is a strange point , that a prouincial councel of millan , reaching no further then within the compasse of that dyocesse , should binde all catholickes vpō paine of anathema , both to professe by word & sweare by oath that which was there decreed . doth m. barlow speake like an intellig●nt man ? but the very last words of swearing by oath , do discouer his fraud , to wit , that no new symbole or creed is set downe in that councel , as added to the nycen , but only a large profession of the catholick faith , according to the decree of pope piu● quartus there recorded , for al such as take ecclesiastical promotion , in which prof●ssion , after the whole creed set down verbatim , as it is repeated in the masse ( which is not only the nycen ) there is added presently , apostolicas & ecclesiasticas tradiciones firmissimè admitto & amplector &c. i do most firmely admit and imbrace t●● apostolical and ecclesiastical traditions , as i do also admit and imbrace the holy scripture , according to that sense which our holy mother the church hath held , and doth hold &c. running ouer the chiefe heads of such articles as are now in controuersie betweene vs and protestants , which heads are not heere decreed for articles of faith by this councel , but proposed only to him that maketh the profession : yea the whole chapter , which is large , hath this title , de fidei prof●ssione , of the profession of the catholicke faith . what new articles are then here added to the nycen creed ? is it not a shame to roue so farre from the marke , and to falsify the plaine meaning of authors , and writers in this sort ? but now he returneth againe to speake of the oath , & we must follow him , for that now we haue boūd ourselues so to do . thus he sayth of vs , they reply that it is not the substance of the oath that sticketh in their consciences● but the ●orme therof , especially those last words : i do make this recogni●ion willingly and truly : otherwise they haue a tricke in their religion to swallow the whole oath , without straining : for it is their doctrine and it is worth the obs●r●ing ; that i● a man be called to sweare , if he take the oath vnwillingly , i● is vn●o him as he had not sworne at al : yea grant he haue voluntatē iurandi , be very willing to sweare , but hath not voluntatem se obligandi , not wil to bind himselfe to performe what he sweares , it i● no oath vnto him : he is as free , as if he were neuer sworne . and thus much he reciteth as out of azorius . and do you heare this doctrine , or do you belieue that he saith truth therin ? certes i could hardly belieue a man to be so wilful in falshood . for first where , or when can he shew , that we stick not at the substance of the oath , but only at ●he forme ? are not al those twelue points before mentioned in this epistle , which m. barlow goeth about to refute , which do touch catholick religion , and at which we do principally sticke , of the substance of the oath ? can this be denyed with any shew of shamefastnes ? but let vs see how egregiously he doth abuse the learned writer azorius , in making him the author of these absurdities about swearing , which here he setteth downe , as our doctrine , if a man sweare vnwillingly , saith he , it is vnto him ( according to the papists doctrine ) as if he had not sworne at al. but where can he find that azorius saith this ? if we looke into the place by him cyted , where he handleth de iure i●rando , there is no such matter , but only it is said to this point , that if a man do sweare hauing no intention to sweare indeed ( but only to comply and deceaue another ) though it be no oath in it selfe , yet in respect of the iniury or hurt ensuing , it may bind the swearer to performance : which is quite contrary to that which m. barlow here citeth . and in another place speaking of an oath extorted by feare or death , as to a thiefe vpon the way , or the like , which no man will deny to be vnwillingly made , he answereth in these words : respondeo ex communi sententia theologorum & pontif●ij ●uris doctorum , valere . i do answere out of the common opinion of al d●uines , and doctors of the common laws that it bind●th . for which he citeth seauen doctors for the same . and what wil m. barlow say to this ? will he not blush at this vnhonest dealing herein ? but he passeth further to a second member of our doctrine in this matter . if a man be willing to sweare , sayth he , 〈◊〉 hath no wil to bind himsel●e to performe what he su●eares , it is no oath vnto him : he is as free , as if he were neuer sworne . but what ●hal a man say to these people , that are so forlorne in this point of fals dealing , as they care not what they set down ; so they may satisfy their present appetite , of seeming to say somewhat ? let any man read the place of azorius heere quoted , but according to my quotation , and not his which ordinarily is false , and he shal see a good large and learned dispute of azorius vpon this question , vvhether a man promi●●●g a●y thing by oath , without intention to per●orme the same , be notw●thstanding bound in conscience to per●orme it ? wherein hauing hid downe the two different opinions of ●undry learned ●en , togeather with their reasons , arguments , and proofs , the one affirming that he is bound , as caietan , sotus , and c●●●rruuias ; the other that he is not bound by force of that oath , as syluester , nauar , and others , azorius sheweth that both parts haue their probability of reason , but he inclineth more to the first opinion , saying : that if the swearer had an intention to sweare , thinking nothing of the obligation , then was he bound : and that in this sense the opinion caietan is most true . and further determineth not the question : and therefore this notorious vntruth of m. b●●low , that azorius holdeth this to be no oath vnto him that sweareth at al , but that he is as free , as if he had neuer sworne , i cannot tell in ●hat predicament of impudency to place it , and therfore we will let it passe for a tran●cendent . of certaine other fraudulent , and vntrue dealings of m. barlow , vnto the end of this paragraph : with a notorious abuse in alleadging s. thomas of aquine his authority . §. ii. vvhereas often and eager inuectiues are made by m. barlow against the pope and cardinall bellarmine , and all others , that do seeme in any sort to exhort the catholickes of england to stand for their consciences , and to suffer rather whatsoeuer losses , hurtes , or dangers may happen to their liues , liberty , goods , or other temporall affaires , then to preiudice any point of their religion , m. barlow terming these exhortations not only needlesse and vayne ( there being no persecution at al against the catholickes ) but that they do tend in like manner to open disobedience against their temporall princes , and so may iustly be cause of their ruyne indeed ; my answere was , i did not see but that the very same might be obiected vnto s. cyprian , and other fathers of the primitiue church , that they were guilty of so many martyrs bloud , wilfully cast a way , and of the ruyne of their familyes , and other inconueniences , by exhorting them not to do against their consciences , nor to yield to their temporall prince● commandements against god and their religion : no not for any tormēts that might be laid vpon them , nor for any losse that might fall vnto them , of goodes , life , honor , fame , friends , wyfe , children , or the like , which were ordinary exhortations in those dayes of persecution , as by their bookes yet ●xtant doth appeare . neyther is i● sufficient to say , that those times & ours are different , for that the thing●s then demanded were apparen●ly vnlawfull , but these not : for that , to vs that are catholickes , these thinges are as vnlawfull now , as ●hose other were then to them , for that they are no lesse against our consciences in matters of religion . for why should it be more damnable then , and indispensable to deliuer vp a bible , or new testament , for example sake , when the emperour commanded it , then now to sweare an oath against our conscience and religion , when our temporall prince exacteth it ? for that this perhaps , is called the oath of allegiance ? who knoweth not , that the fayrest title is put vpon the fowlest matter , when it is ●o be perswaded or ●xacted ? and he that shal read the histories of that time , and of those ancient afflictions , shall s●e that act also to haue bene required , as of obedience & allegiance , and not of religion , being only the deliue●y vp of material books : and yet did the whole church of god condemne them for it , that deliuered the same , and ●eld for true martyrs , all those that died for denying therof , for that they would not do an act against their consciences . against this my speach m. barlow first doth trifle , affirmimg me to say , that in the consciences of catholicks it is as vnlawfull to sweare allegiance vnto his maiestie their naturall and rightfull soueraigne , as to sacrifice to idols . which is a meer cauill indeed , for first i do not say , that it is vnlawfull at all to sweare allegiance to their naturall soueraigne , as often hath bene told him : but he ●●uer stayeth his tongue from repeating the contrary againe without end . the vnlawfulnes consisteth in swearing that for allegiance , which appertaineth not to humaine and temporal allegiance , but diuine allegiance also , in keeping our consciences vnspotted before almighty god. secondly my comparison was not so much in the thinges themselues , to wit , swearing and sacrificing , or to determine which of these is the greatest sinne in it se●fe , as of the similitude in obligation both in those times and ours , to st●nd for defence of the integrity of our conscience both in them and vs , whatso●uer inequality of the sinne may be in the sight either of man or god. it is inough that both of them be forbydden to sacrifice against christian religion , & to sweare against c●tholick religion . and further to shew that the external small apparence of that which is forbydden , cannot alwaies be a ●ule of taking away , or diminishing the obligation of conscience in obeying the prohibition ; i did alleadg the other example of giuing vp diuine bookes vnto the persecutors , when they demaunded them , and might haue alleadged many other examples to the like purpose , as namely the ●ating of flesh offered to idols , in the beginning of christianity , with offence of others , whereof s. paul maketh so great accompt , as albeyt he maketh light of the thing it sel●e , and sayth that the idol is nothing , yet doth he account the transgression for damnable , if he doe it against his owne conscience . but what sayth m. barlow to this ? you shall heare his distinction and determination . simply , sayth he , to deli●●r vp a bible to his superiour , requiring it , is no sinne , yea to deny i● , i● a contempt . about this proposition we will not much contend , but only aduertise him , that it is not to the purpose , that we doe talke here of superiours lawfully requiring it , but of a persecutor vniustly exacting the same . let vs see then what he sayth further . but if the emperour , sayth he , requireth them , to wit the books , to burne and de●ac● , in conte●p● and despight , or ●ury and passion , or as iulian the apostata , wh● called in all the heathen writers , both of philosophy and poetry , out o● the christians hands , vnder a fayre pretence of abandoning paganisme , to bereaue them o● all knowledge , therby to take ●rom christians the true meanes o● their instructions , the cause is far different : for so to o●ey were wil●ully to betray the truth of god. this is his determination consisting of two members , as you see : the first , of the vnlawfulnes of giuing vp the bible , & other such diuine bookes of christian religion , consisted in the ill intention of the persecutor , to bereaue men of so importāt meanes , for their instruction and saluation , and therefore not to be obe●ed , which seemeth to be far different , from that which before he held so resolutely , that princes were to be obeied euen against conscience : but of this we will not dispute any more now , but only i say , that conforme to this his doctrine , english catholickes are admoni●h●d also to consider , with what intention this new oath ●g●inst the authority of the bishop of rome is exacted , whether to preiudice catholike religion , or no. for that ●●is may increase their obligatiō of refusall or acceptance , ●●en according to m. barlowes doctrine in this place . but for the second point concerning the fact of iulian the apostata in demaunding heathen wryters to be deli●ered vp of philosophy , and poetry ; that , in this case i say , there should be the like obligation not to obey that emperour , but rather to deny to obey , yea and to dy for the sayd deniall , if need were , as many did for the other : i confesse that i cannot conceaue m. barlowes mystery therin . for who euer wrote this before ? or who was euer accounted a martyr in the church of god , for refusing to deliuer vp ● heathen poet , or philosophers booke ? doth not now m. barlow shorten againe , and straiten greatly the lymits of temporall obedience to princes , when h● graunteth that christiā subiects may deny to obey them , when they exact the deliuery vp of a poeticall prophane booke , to wit a catullus , or tibullus , or ouids metamorphosis , or some such other fit for m. b●rlowes reading ? is not the man very constant to hims●lfe in his assertions , that sometimes so ouerlasheth in extending temporall obedience , and sometimes so exc●ssiuely contracteth the same ? he sayth that iulian herby did meane to bereaue christians of all knowledge , and therby to take from them the true meanes of their instruction ; and for this he noteth in the margēt the ecclesiasticall history of socrates lib. . cap. . but as in all other citations commonly he erreth more or lesse , wherof i might all●adge some scores of examples , if i would stand therupon , and therby giueth iust suspition , that he neuer read the authors themselues , but had them out of other mens note●bookes ( as m. morto● confessed of himselfe , when he was pressed therunto , ) so here no such matter is found in the chapter by him cyted , but in two chapters after , socrates hath these words , atque iulianus imperator &c. and iulian the emperour applying his mind ear●estly to this thing , made a law that christians should not be instructed in the doctrine of the gentiles , most certainly assuring himselfe , that the f●bles that are read in heathen writers , would ●asily be turned by the said christians to the reproofe of his religion . which is anoth●r thing you see , then this which here is set downe by m. barlow . and much more likely that he was afraid , that christians reading the pagan wryters , would turne the folly and foulenes of heathen fabl●s against his religion : and not that christians should want true meanes of instruction● for want of those fables , as m. barlow here fable●h . albeit if he instruct his flocke with no better meanes of instructions , i must needs graunt that they are in a miserable case . but let vs go forward to examine a little further his very next lines , as they ly in his booke , about tēporall obedience to princes , in which point he runneth so forth & backe , from extremes to extremes , as it is strange to consider : for hauing so diminished the same in hi● former example of the emperour iulian , as now you haue heard , that christians might disobey him euen about the deliuery of a poeticall booke , though he had neuer so earnestly required , or cōmanded the same , now he starteth to the other end againe , saying , as out of s. thomas aquinas , that temporall princes are to be obeyed euen in things vnlawf●●● . his words are these : from subiection to princes there is no startling exception , sayth aquinas , vnlesse he be either an vsurper or i●truder which commaunds ( and this is not our case god be thanked : ) or that he commaund things vnlawfull ; if he say this is their case , we deny it ; but let vs suppose it , yet their angelicall doctour will tell them , that in those things they must notwi●hstanding obey propter vi●andum scandalum , aut periculum : ( of this diuinity i iudge not , it is their owne . ) is this our owne syr ? not so properly , as it seemeth that lying & cogging is your owne , for we acknowledge not this doctrine , but with due lymits , far different from your allegation . but you do absolutely abuse both s. thomas and the reader , and cannot choose but know that here is falshood vsed by you , except you will confesse extreme ignorance in not vnderstanding the sense of s. thomas , whom you alleadge , though it be most cleare and plaine for children to conceaue , that haue the latin tongue . the title of s. thomas h●s article is , vv●ether christians b● 〈◊〉 to obey secular powers , or not ? and he proueth that they are , by an euident argument deduced out of the . to the 〈◊〉 , that the fayth of christ hindreth not the order of i●stice appoynted by the law of nature , and consequently that no man is excused by being a christian from performing due obedience to temporall princes : and for better strengthning of this his assertion , he proposeth an obiection according to his custome , and solueth the same . the obiection is this . s. augustine in his fourth booke of the citty of god teacheth , that great kingdomes when they cast of iustice become great robberies , and the●uedomes , but christ his l●w doth not bind christians to obey such vniust princes & magistrates , and therfore in all cases christians are not bound to temporall obedience . wherunto he answereth thus ; that forsomuch as the order of iustice is the ground of all obedience , therfore a christian man is bound so far forth to obey secular princes● as order of iustice requireth : and therfore if such princes haue not iust principality , but vsurped , or that they should command vniust ●hinges , his subiects are not bound to obey him , ●i●i fortè per accidens , ad vitandum sc●ndalum , vel periculum , except perhaps accidentally , for auoyding of scandall , or perill . and this is the diuinity that m. barlow scoffeth at , & saith he will not iudge of it , for it is our owne . and i say that the diui●ity is very good , and so would haue appeared , if m. b●rlow had eyther vnderstood it rightly , or truly alleaged it , for that the doctrine of s. thomas is very cleare and incontrollable , that christian subiects are bound to obey their lawfull temporall princes , so long as they commād lawfull thinges : but if they be vsurpers ( in which ●ase i say also with m. barlow , god be thanked we are not ) or command vnlawfull thinges , then are not subiects bound to obey them , at leastwise by obligation of iustice , and conscience , which is the true foundation of obedience ; though perhaps , saith s. thomas , accidentally they may be somtimes boūd therunto , for auoyding sc●ndal & perill . as for example , if a prince s●ould demaund of me the one hal●e of my goodes vniustly , i were not bo●nd in conscience & iustice to giue it him : yet if i should doubt that by my deniall , he would take away the other halfe also , or perhaps my life , or that some scandall would follow , as that other men by my example , would shew disobedience in greater thinges ; i should be bound in prudence , and p●ety , for auoyding of these greater euil● , both to my selfe and others , to obey , and giue him the halfe of my goodes , which he demaundeth : but this is not directly by force of iustice and conscience , as you see , but per accidens , that is to say ●accidentally for auoyding of those greater euills of scandall , and perill , if i obey no● . but now let vs see the truth of m. barlow in relating this resolution of s. thomas . first he cutteth of the words , nisi forè per accidens , which do alter the whole case , and ●ayth , that their angelicall doctour telleth them , that in vnlawf●ll things commaunded they must obey , ●or auoyding scandall and perill : wheras s. thomas sayth , non te●tentur obedire , si iniusta praecipi●●● , that they are not bound to obey their princes , if they commaund vniust things . secondly m. barlow distinguisheth not , when vnlawfull things are commaunded , whether they be vnlawfull only vnto the prince that cōmaundeth , or to the subiect in like manner , to whom they are commaunded . and it may be that the ministers head conceaued not the distinction , or if he did , he concealed it by guile and fraud , for the thing importeth much to the resolution of the case : for when the thing commaunded is vnlawfull only to the commaunder , as in the former example , when he commaundeth me to giue halfe of my goods wrongfully ; then may i out of prudence , as hath bene sayd , for auoyding of greater euils , obey that vniust commaundment : but if the thing commaunded should be vnlawfull , not only to the prince to cōmaund , but to me also to performe , as to do another man iniury , or to endanger my owne soule , or to offend god by any sin whatsoeuer , then may not i according to s. thomas his doctrine , for auoyding any scandall or perill whatsoeuer per●orme the same . this was craftily here concealed by m. barlow ( for i will not hold him so grossely ignorant , as that he did not consider it ) and the c●●se o● this concealment was , for that it maketh , wholy ag●●st him , in our mayne controuersy of temporall obedience . for that the swearing to the new oath cōmaunded vnto catholikes in preiudice of their conscience , & religion , is of the number of those vnlawfull things , that are vnlawfull not only to the commaunder , but also to ●●e performer : and consequently neither for the auoyding scandall or perill may be obeyed . and therby is cut of all m. barlowes idle discourse which he maketh in this place of ●●e danger , and perill , that by taking this oath he sayth , may be auoyded : & vrgeth vs with the doctrine of s. tho●●● therin , that euen in things vnlawfull we must obey our temporall princes . but in this you haue seene both the depth , and fidelity of the man. now let vs see a poynt or two more , and so end this parapraph . pag. . he hath these words against me : the epistler saith he , makes the way to end this paragraph , for as cōcerning rome bei●g babylon , he speakes not a word , as by silence granting that to be true which cardinall matthew playnly also acknowledgeth , and ●●sesseth to be that babylon of the apocalyps . so h● . and truly it is strange , and ridiculous to see men of reason , to proceed in this manner so , without reason : for it cardinall bell●rmine and other catholikes do graunt that rome was called babylon by s. iohn in the apocalyps , and by s. peter also that wrote his epistle from thence , vnder the name of ●abylon : and if s. hierome and other fathers do expound 〈◊〉 of r●me , as it was heathen , & persecuted the martyrs in ●hose dayes , and not of christian rome , or the christian people of rome , who were holy , and saynts in those dayes : if this i say be so , and that the protestants be told therof aboue an hundred times , and yet still their writers do come● forth with this doughty argument , that rome was babylon ; what shall a modest man do , but passe it ou●r with silence and contempt ? there followeth a certayne contentiō about the two ●reues of clemens octauus written into england at two different times● about the point of succession to the crowne ●fte● the queenes death ; the first exhorting the catholicke● to doe their best inde●uours ●or procuring a cath●●licke prince : the other altogether in fauour and recom●mendation of the aduancement of his maiestie that 〈◊〉 is ; of which two breues i wrote in my epistle , that haui●● procured some knowledg about that point , i found th●● they were sent into england , not both togeather , nor i●●mediatly before the late queenes death , as was obiected but the one diuers ye●res before she died , to wit , vpon th● yeare . and the other . yeares after , to wit vpon th● yeare . immediatly after the sayd queenes death contrary to which m. barlow sayth , that tort●● affirm●●● that hauing the copyes of . breues in his hand , 〈◊〉 findeth that they were sent in togeather vpon the year● . but the reconciliation of this is easy . for tha● those two breues named by tortus , are accounted by me b● one breue , for that they were all of one matter , but d●plicated in effect , the one to the archpriest and clergie , th● other to the laity , so that there is no contradiction at al● for that besides that first double breue , there was anothe● sent in , of another argument , wholy in fauour of hi● maiestie in particuler , as now hath bin said , vpon th● yeare . and so there i● no contradictiō at all in this , but that both the assertions are true . only that is fals● which is here in parciculer affirmed by m. barlow , that i● the first breue was set downe , that no man might be admitted , except he would first sweare , not only to tolerate , but also to promote the romish catholicke religion , which wordes are not there , neither is swearing once mentioned in either of these duplicated breues . and as this is vntrue , so that which ensueth is parasiticall , when vnto my speach of pope clements particuler good opinion and affection towards his maiesties person , when he was king of scotland , to wit , that he loued him most hartily , and alwayes spake honorably of him , treated kindly all those of his nation● that said they came frō him , or any wayes belonged vnto him : and oftentimes vsed more liberality that way vpon diuers occasions , thē is conuenient for me perhaps to vtter here ; caused special● prayer to be made ●or his maiestie &c. to all which m. 〈◊〉 answereth in these words . that albeys there is nothing 〈◊〉 m●●●stie , but that which is amyable , and admirable , his parts of 〈◊〉 , art , & grace all so singular , that by the eminency of his place 〈◊〉 descryed far and neere , they must needes excite great loue to his 〈◊〉 , draw ●ne●s affections to him , and occasionate most honorable ●●●●es of his qualityes , and deportementes : yet that pope clement 〈◊〉 be so kindly respectiue vnto him , is much no be doubted . and is it so syr ? yet spirituall writers do admonish 〈◊〉 , that in dubiis pars p●a magis s●quēda , in doubtfull things the more pious part is to be followed by a pious mind . and why had not you done this also , if your mind had not 〈◊〉 impious ? you know who sayth mala mens , malus animus . and this is that which before i called parasiticall in this answer , not so much for your grosse flattery , & annointing his maiestie with oleum peccatoris , which holy king 〈◊〉 so much detested , and his maiesty in time i doubt not will discerne ; but for your malignity in misconstruing the knowne good affections of pope clement towards his maiesties person , for that both these parts belong properly to a parasite , as you know , not only laudare in ●s pra●●●●● , ambitiously to prayse him that is present , whether the thinges vttered be true or false ; but malignantly also 〈◊〉 absenti , to detract from him that is absent : of which two partes , the latter is the worse , for that the former may proceed sometimes of lightnes , or intemperate desire to please , but the other alwayes goeth accompanied with enuy and malice . and as for his maiesties due prayses , albeit they cannot be but most pleasing and comfortable to all his louing subiects , yet when they are so rudely clowted on , and so importunely thrust in , and that by such a one as m. barlow is held to be , that alwayes speaketh for his profit , men can haue commonly no other sense therof , then is wont to be when they see a faire garment marred in the cutting , or a delicate peece of meat spoyled in the dressing . and as for the honorable speaches occasionated abroad , as he saith , of his maiesties qualities & deportments , true it is , that as his maiesties rare qualities are had in due consideration with externall princes & people , so is it not doubted , but that his deportmēt towards his catholike subiects also 〈◊〉 be correspondent , were not the sycophancy of this , a●● other like flatterers continually occupied in egging & v●ging him to the contrary . and among other speaches i● these partes , none are more ordinary , then in lamentin● that so good a nature , as that of his maiesty is , should be 〈◊〉 strange●y abused : as also in pittying the same , that for w●● of fit men he should be forced to bestow the prelacies and bishopricks of his realme , vpon such as m. barlow is 〈◊〉 who in other coūtreyes would scarse be thought worthy for his manners to be a seruant or sexton , in so honour●ble a church as lincolne is . the last point remayning of this paragraph is of th● later two breues of paulus quintus concerning the oath 〈◊〉 allegiance , and his misliking thereof in respect of th● poynts conteyned therin in preiudice of the integrity o● catholicke religion , which m. barlow doth so much debase , as here he taketh vpon him to defend , that they ar● deuoyd ( especially the first which is the principal● , the other being but a confirmation , or ratification thereo● ) not only of all diuinity , but of policy , and cōmon sense also : which is a long dispute , and a large enterprize to b● taken vpon his shoulders , that any man that doth but read the breue , and is acquaynted with the grauity , learning , wisdome , and modesty of the author thereof , will rather laugh at m. barlow , for taking such an enterprize in hand , then perswade himselfe , that he can haue good successe therin : but he that shall turne from reading the said breue , to read the pittifull proofes , which here m. barlow goeth about to set downe , to shew that the said breue hath neither diuinity , policy , or common sense in it , will pitty him indeed , and thinke that he lacketh cōmon sense in setting downe such senselesse reasons , as he doth against so sensible a declaration , as there the pope maketh in that his breue . the end of the second part. the third part concerning card. bellarmine his letter . of the occasion of the letter written by cardinall bellarmine vnto m. george blackewell archpriest . and vvhether he mistooke the state of the question . also of the change of supreme head , into supreme gouernour . chap. i. first of al then , for the better vnderstanding of the whole matter , and to make the reader acquainted with the occasion of this present contentiō , i do not thinke it amisse to repeate in this place , what i wrote in my letter concerning the same . my words then were ●hese . the last part of this apology concerneth a letter written by cardinall bellarmine in rome , vnto george blackwe●● arch-priest in england : which letter , as appeareth by the argument therof , was written out of this occasion : tha● wheras vpon the comming forth of the forenamed new oath , intituled , of allegiance , there were found diuers points combined togeather , some appertaining manifestly to ciuill allegiance , wherat no man made scruple , some other seeming to include other matters , contrary to some part of the catholicke faith , at least in the commom sense as they by ; there arose a doubt whether the said oath might be taken simply and wholy , by a catholicke man , as it is there proposed , without any further distinction , or explication therof . wherupon some learned men at home being different in opinions , the case was consulted abroad , where all agreed ( as before hath byn shewed ) that it could not be taken wholy with safety of conscience , and so also the pope declared the case by two seuerall breues . in the meane space it happened , that m. blackwell being taken , was committed to prison , and soone after , as he had byn of opinion before , that the said oath might be taken as it lay in a certayne sense ; so it being offered vnto him , he tooke it himselfe . which thing being noysed abroad , and the fact generally misliked by all sortes of catholicke people in other realmes , as offensiue , and scandalous in regard of his place and person , so much respected by them ; cardinall bellarmine , as hauing had some old acquaintance with him in former yeares , as it may seeme , resolued out of his particuler loue , & zeale to the common cause of religion , and especial affection to his person , to write a letter vnto him , therby to let him know what reportes , and iudgments there were made of his fact , throughout those partes of christendome where he remayned , togeather with his owne opinion also , which consisted in two poynts , the one that the oath , as it stood , compounded of different clauses , some lawfull , & some vnlawfull , could not be taken with safety of conscience : the other , that he being in the dignity he was of prelacy , and pastorall charge , ought to stand fir●e and constant for example of others , & rather to suffer any kynd of danger or domage , then to yield to any vnlawfull thing , such as the cardinall held this oath to be . this letter was written vpon the . day of sep●ember . and it was subscribed thus in latin ; admodum r. dae dom. is v. ae frater & seruus in christo. robertus card. bellarminus . which our apologer translateth , your very reuerend brother : wheras the word very reuerend in the letter is giuen to the arch-priest , and not to card. bellarmine , which the interpreter knew well inough , but that wanting other matter , would take occasion of cauilling by a wilful mistaking of his owne , as often he doth throughout this answer to bellarmine , as in part will appeare by the few notes which here i am to set downe : leauing the more full answere to the cardinall himselfe , or some other by his appoyntment , which i doubt not , but will yi●ld very ample satisfaction in that behal●e . for that in truth i fynd , that great aduantage is gyuen vnto him , for the defence of his said epistle , and that the exceptions taken there against it , be very weake and light , and as easy to be dissolued by him , and his pen , as a thin mist by the beames of the sunne . this was the preface vsed before to this third part. to which m. barlow hauing very little or nothing to say , seeketh to spend time in idle talke . for thus he beginneth : as if the apologers answere , saith he , like to iericho's walls should presently ●all with the blast of a ramms-horne , and a few tournes about it & . so hath he many tournings and windinges in the preface before he c●me to it● and being in it , he treads a laby●inth , and some times looseth himselfe , and yet in the conclusion he windeth his cornet with three seue●all blasts , communicatory , causatiue , supplicatory &c. and is not this a pretty deuise to spend time , and to play the vise indeed ? vvhat of all this is seene in my preface ? next to this he beginneth against me thus : this epistler s●yth , that cardinall bellarmine taketh the oath to be compounded of lawfull and vnlawfull clauses , wheras the cardinall saith plainly , though it be so tempered and modified , yet is it wholy vnlawfull : whi●● is as much to say , as there is not a lawfull clause in it . so he : & this me thinks is to great an vntruth to begin withal . for that according to art he should goe by order and degree , and if he begin with such wilfull escapes as these are , what wil he doe before he come to the end ? cardinall bellarmine doth not only not say this , which he imposeth vpon him , but sayth the quite contrary , to wit : vt iuramentum recusetur non est necessarium , vt cos & singulae partes eius sint male : satis est , vt velvna sit mala . that the oath may be refused , it is not necessary that al & euery part therof be naught , it is inough that one only be naught . is not this plaine inough ? next after this he taketh in hand the defence of that translation of the cardinalls subscription vnto his letter your very reuerend brother robert cardinall bellarmine : the latin being as you haue now seene , admodum rdae domis vae frater & seruus in christo robertus card. bellarminus . and it is a world to see how many wayes he windeth himself to get out of this brake . first he beginneth with a tal● of a certayne emperour , that would perforce make a gentleman belieue that he was like to be sicke , for that he saw a pimple rising vnder his naile : but this tale he applyeth not : and i se not where vnto indeed he may apply it . then cōming to the matter , he demaundeth this question : suppose it were not exactly translated , is not the sense all one ? whereto i answere , no : for it were somewhat ridiculous to call him selfe m blackwels reuerend brother . for by the same reason he writing to a duke ; & ●aying , excellentiae vestrae frater , might translate it , your excellent brother : and the same might a poore man doe in like manner writing to the same duke , excellentia vestrae humillimus seruus : your most humble excellent seruant : which i thinke no man will approue . but m. barlow will proue it by reason , for that both the brotherhood sa●th he , and reuerence are reciprocall , and may be referred to both parties either , your reuerence-ships brother , or your reuerend brother : but this is refuted now already by my examples al●edged . and besides this wil m. barlow haue no respect to the cases and genders in latin ? is not reuerenda with a dipthong , and of the femynine gender , and genitiue case , different from reuerendus of the masculine gender and nominatiue case ? and if they be different , how can they then be reciprocal in signification & translation ? but yet further m. barlow hath another shift , saying : that in the written copy d. in the end had such a dash , as it might be taken for dus or dae . but this shift is worse then any of the rest , for so much as that d. doth not stand in the end of the subscription , but in the very beginning , as hath byn seene by the words before set downe , which are ad●●●um rdae domis v rae , which d. though it had neuer so great a dash , yet could it not signify dus , by force of the sense , being set in the first place , and in such order as it was . after this m. barlow attempteth another euasion demanding of me , why i had not translated the word domi●●tionis into english , that he might haue posed me therin ? for if it should be translated lordship , it would haue seemed to much , and if mastership , it would seeme to little , and therupon telleth vs againe another tale out of diogenes l●●r●i●● ( for he is copious in this kind out of his note books as before i haue aduertised : ) and the tale is , that diogenes the cynicke begging a tallent at king alexanders hands , he ●●d it was to much for a cynicke to aske , then he damāded him a halfe-penny , but the other answered , it was to little for alexander to giue , and with this m. barlow thinketh he hath wel satisfied the controuersy in hand . next vnto this there is an exception made against cardinal bellarmine his letter to m. blackwel , as though therin he had mistaken the whole state of the question by going about to impugne the old oath of supremacy made in king henry the eight his time , insteed of this new oath intituled of allegiance , and consequently , that the cardinal did batter a castle in the ayre of his owne framing . which as i confessed , had beene a great ouerfight in him , so learned and famous a man , if it could be proued : so i did conuince by sundry euident arguments , and by cardinal bellarmines owne words , that it was not so : but that he impugned directly this later oath of allegiance : the cause why this was obiected to cardinal bellarmine was , for that he going about to impugne the vnlawfulnes of this later oath , doth insist much in reprouing the kings spiritual supremacy , and in shewing the same to belong to the bishop of r●●● , which they say appertaineth to the ancient oath , and not to this , wherin nothing is demanded but ciuil obedience only , which the cardinal denyeth , and in the very first leafe of his answere vnder the name of tor●●● , ioyneth issue principally vpon that point , saying : primùm ●stend●mus iuramentum hoc catholicis propositum , non solum ciuilem obedientiam , sed etiam catholicae fidei abnegationem requirere . we shal first proue that this ( later ) oath proposed vnto catholicks , doth not only require ciuil obedience , but abnegatiō also of catholick faith . and he proueth it by fiue or six arguments . first by the words of the english statute , the title wherof is , for the detecting and repressing of papists : which word of papists , importing such as stick to the pope , or defend his supremacy , maketh it euident that the statute was not intended only against them that deny ciuill obedience , but rather the kings supremacy in spiritual affaires . secondly by the words of the oath themselues , that the pope cannot by himselfe , or any other , or by any authority of the church depose &c. which is some denyal of the pope his authority , and consequently not meerely only of temporal obedience : and so out of foure or fiue points more by him obserued , and there set downe ; which as i had not seene , when i wrote my epistle , before the publicatiō of the said cardinals booke : so i vsed not those arguments , nor any of them , but contented my selfe with one only taken out of the cardinals words in the beginning of his letter to m. blackwel , as sufficiently prouing the same that in it sel●e was most cleare , i said as followeth . this exception against the cardinal for mistaking the state of the cause , seemeth to be most clerely refuted by the very first lynes almost of the letter it selfe . for that telling m. blackwel , how sory he was vpon the report , that he had taken illicitum iuramentum , an vnlawfull oath , he expoundeth presently , what oath he meaneth , saying : not ther●ore ( deare brother ) is that oath lawfull , for that it is offe●●● s●●ewhat tempered and modified &c. which is euidently meant of the new oath of allegiance , not only tempered with diuers lawfull clauses of ciuill obedience , as hath bene shewed , but interlaced also with other members that ●each to religion : wheras the old oath of supremacy hath no such mixture , but is plainly , and simply set downe , for absolute excluding the popes supremacy in caus●s ecclesiasticall , & for making the king supreme head of the church in the same causes : all which is most euident by the statutes made about the same , from the . yeare of king henry the . vnto the end of the raigne of king edward the sixt . to this declaration of myne m. barlow is in effect as mute as a macedonian frogge , if to say nothing at al to the purpose be to be mute , though words and wynd be not wanting . but first to the cardinalls six argumentes he s●yth neuer a word , albeit he had both seene and read them , as may be be presumed . to my reason of the difference between the oath of supremacy and this of allegiance , for that this is modified and tempered with different clauses of thinges partly touching ciuil obediēce and partly religion , wheras the other is simply of religion , against the popes supremacy : to this , i say , he answereth with this interrogation : if this oath be so modified i● comparison of the other , why is it accounted by ●he censurer the greatest affliction and pressure , that euer befel the catholickes ? do you see what a question he maketh , and how farre from the purpose ? my intention was , and is to proue , that for so much as cardinall bellarmine did particulerly impugne this mixt and tempered oath , therfore he did not mistake the question by impugning only the other oath of supremacy , as was obiected ; there being between them this difference amongst others , that the one , to wit of allegiāce , is compounded of different clauses ( as hath bene said ) partly touching ciuill obedience , and partly religion : wheras this other of supremacy is simply of religion . this was my demonstration . and to what purpose then ( for answere of this ) was brought in that other dem●und of m. barlow , asking vs very seriously why this second oath should be afflictiue vnto vs , if it be modifyed and tempered ? is there any sense in this ? we say , for so much as it is compounded and tempered , as the other is not , therfore it was meant by the cardinal , and not the other : m. barlow saith , if it be so tempered , why doth it afflict yow ? we say first , that this is nothing to the purpose , noe more then , vvhich is the way to london ? a poke ●ull of plummes . secondly to m. barlowes impertinent demand we say , that albeit we grant that this second oath is modifyed and tempered : yet we say not that it is moderate and temperate , for a law that in substance is mild , may be by some clauses or circumstances so modified , that is to say , framed in such manner , as it may be seuere and rigorous : and a thing may be tempered aswell with exasperating ingredientes as mollifying , and as well with afflictiue as leniti●e compounds : and so is this oath more sharpe perhaps then the other ; and so doth m. barlow him selfe confesse within a few lynes after , saying : that this last oath of allegiance is more press●ng , pitthy , and peremptorie , and in all circumst●nces a more exact and searching touch-stone , then the ●ormer of the supremacy . and yet as though we did not see nor feele this , he will needs haue vs to acknowledge in the same place that this oath is allaied , tempered , corrected , and moderated ( for all these are his wordes ) by the variety of clauses therein contayned , & theron foundeth his subsequent discourse of our ingratitude in not accepting the same ; wheras both he , and we do hold the contrary , that it is more stinging , as now you haue heard , and that euen by his owne confession : what then shall we say of this manner of m. ba●lowes disputing ? is he fit to be a kings chāpion in writing ? but heere now by the way i must tell the reader , that in my letter i interposed a few lines in this place , for noting the different style vsed by king henry , & king edward , in their statutes concerning the o●●h of supremacy , and this oth●r now related , in the a●●logy in thes● wordes : i. ● . do vtterly t●stify and declare , 〈…〉 , that the king● h●ghnes is the only supr●me gouer●●● , 〈◊〉 in all causes eccl●sia●t●call , as temp●rall : wheras in t●e s●tute of twenty sixt of king henry the eight , where the tytle of supremacy is ●nact●d , the wordes are these 〈…〉 ●●●cted by this present parliament , that the king , his heires , 〈◊〉 s●●cessors , ●●albe taken , ●●●epted , and rep●t●d , the ●nly sup●eme 〈…〉 earth , of the church of england , and sh●ll 〈◊〉 a●d ●ni●y , 〈◊〉 and vnited , vnto the imperiall crow●e of this realme , as●●● the tytle and style therof , as all honours , dignitie● , authorities , 〈◊〉 , profites and comm●diti●s 〈◊〉 the said dignityes of supreme 〈◊〉 of the said church belonging &c. and in another statute , two yeares after that : from h●●cef●rth he shall accept , r●pute , ●●d take the kings maiestie to be the ●●ly supreme head o● earth , of 〈◊〉 church of england &c. and that the refusers of this oath , 〈◊〉 reputed traytours , and suffer the p●y●es of ●●ath &c. and in other statutes it is decr●●d , that it ●halbe ●reas●● t●●eny th●● tytle 〈◊〉 headship ; and that this was held of such importance , vnder king edward , who succeeded his father , that it is decreed by statute , that all authority of iurisdiction , spirituall and temporall in the bi●●ops , and mi●istry , 〈◊〉 dedu●ed , and deriued fr●● 〈◊〉 kings maiestie as supreme 〈◊〉 &c. vpon this important doubt , i was so bold as to stay my selfe a little , as now ●lso i must , intreating m. barlow to giue the solution therof● to wit ; that forsomuch as this matter of the headship of 〈◊〉 chu●ch was held of so great weight , by th●ir prime , a●d principall protestant● , and especially by their pa●riarkes , cranmer , ●idley , h●●per , and others , then holding the places of bishops in parlament , when the sayd title was not only confirmed in the child king , but declared als● to be the fountayne of all spirituall ●uthority and i●risdiction in the clergie ; and that it was treason , to deny this tytle of spirituall influxe in the clergie ; how this matter came about , that it should be so little esteemed , as to be left of , and changed now , yea to be denyed expressely by their principall wry●●●● , as namely by doctour iohn ●●ynolds , in his ●ōference with m. hart , where he flatly de●yeth , that they doe call the queene supreme head but only supre●● 〈◊〉 : which if they be syno●●ma , and all one , then what nec●●●●●ie to h●ue denyed 〈◊〉 vnto her● but i● go●ernour do signify any thing les●e , then supreme head , then haue they changed their principall point o● doctrine , wheron dependeth the law●ulne● of their whole cl●rgie , a● you se● ; and so the matter being of such weight , i thought it worth the staying to haue some answere . but m. barlow falleth into a great chafe for this my stay : the giddy fellow ( sayth he ) hath an other err and to do , not 〈◊〉 of the way , but by the way . the scripture setteth a more esse●●i●●● 〈◊〉 vpon such by-way takers , saying : that wicked men declinant 〈◊〉 o●●iquation●s , take all the by-wayes , n●okes , a●d lanes they c●● passe , for feare to be descryed or apprehended : this is one reprehension , as you see , insteed of answering the matter . yo● shall heare ano●h●r more ch●leri●ke : it is a vexing torme●● 〈◊〉 a man ( sayth he ) th●● is inioyned a io●rney , vpon a speed● 〈◊〉 requiring a serious dispatch , to tra●aile with a tri●ling compan●●● , that will make many er●ands by th● way , or hath many acquaintances to stop him in the way , or is forced to make often returnes , vp●● forge●fullnes of d●●ers ●hing● &c. and i expected , that he would haue sayd also , that he must need● d●inke at eue●y ale-house , as he passeth by . but this perhaps , he thought would haue caused more reflection then he esteemed conuenient ; and those other triflings are inough , for so much as they yield such a ve●ing t●rme●● to m. barlow in his i●ioyned 〈…〉 , ●pon so speedy a busines . but , why did he not giue me 〈◊〉 a speedy answere , without tryfling , and so dispatch both me , and himselfe quickly ? truly you haue heard , somewhat largely b●for● , what he can say to this matter ; ●nd therfore , i meane no● to dwell theron long in this pl●●e , especi●lly for so much , as the man is in such hast , and so impatient of stay . you haue heard what hath bene treated before , about this point of spirituall authority , in the temporall prince , and to ●ow ●ow a pitch he bringeth the same , euen in effect to agree with vs , granting ●nto the prince the power ●●ly o● execution of such things , as are determ●●ed by the church . but now in a wo●● let vs see , how he shifteth of the change of the name of supreme head. first he sayth that 〈◊〉 maiesty did not leaue it out o● his title vpon ●uer-awed 〈◊〉 to take it , forasmuch as god gaue the said ty●le to a far worse king ( & i pray you note the phrase which is strang from a s●biects pen ) ( to wit to saul ) when he said he was caput in tri●●bus● head among the tribe●●f israel . and s. paul nameth the ●●sband head of the wife . but what is this to our purpos● , that do talke of the spirituall head of the church ? nay it seemeth rather to make against m. barlowes prouing that the tytle o● head was lawfull ( and so it was in the true sense of ciuill head ship ) and consequently it should haue bene con●inued : wheras we demand why it was left of , & chan●ed ? so as this first answere is nothing to the purpose . his second is , that it is but identity of commaund expressed 〈◊〉 ●iuersitie of termes . but why then was it changed ? and why doth m. doctour reynolds by m. barlowes owne , ●●●●i●ony , giue the title not of head● but of supreme gouernour ? what need that expresse negatiue , if they were all one ? if you should deny to the kings highnes , the tytle of king , and of supreme head of the common-wealth , and call him only supreme gouernour , would it be taken well , or excused by identity ? no man can be ignorant , but that in euery state neuer so popular , there is a supreme gouernour ●hough no king. thirdly he sayth , that the change of supreme head , into supreme gouernour was made by parlament , the first yeare of queene elizabeths raigne , at the request of the nobles and deuines of the land. but the question is , why , and vpon what ground , forsomuch as it may be presumed , there were as great deuines in king henry the eight h●● time in the parlament ? and if not , yet at least in king edwards parlament , that did approue and establish this tytle of supreme head. it was , saith m. barlow , not in regard of queene elizabeth her sexe , for she being descended as she was , she had as absolute authority in the fruition of the crowne ( for both powers spir●tuall , and temporall ) as any male-monarch whatsoeuer . and a little after agai●e he saith , that this change was made , least a weaker 〈…〉 thinke , that they gaue vn●o kings t●●t ti●le , secundum interiore● influ●um , according to ●he in●●riour influence , which 〈◊〉 the pr●p●● office of the head , as being the fountayne of moisture , and is ●he ●●st 〈◊〉 attribute of christ alone . but not to speake in this place , of this internall influxe of grace , that commeth originally from christ alone ( although instrumentally also frō men , as in the administration of sacraments , according to c●tholike doctrine ) what will he say of the externall influ●● of power , & iurisdiction ouer soules , of preaching , te●ching , & administring sacraments , ordayning ministers , and the like ? could this power come aswell from a feminine , as a masculine mon●rch ? if it could● i do not see why she might not be called aswell supreme head of the church , as supreme gouernour . and if it could not , then is there some difference in the names , for that according to the protestant bishops , & diuers of king edwards dayes , that made the forenamed statute , all spirituall power descended from the title of headship , which is here denied to descend from the title of supreme gouernour . and this shal be sufficient for this place . whether the denying of taking this new oath doe include the deniall of all the particuler clauses contayned therin ? §. ii. in the progresse of the argument here handled about the refusall of this new oath , the apologer affirmeth first , as you haue heard that there was no one clause in the whole oath that touched religion , but were all and meerly of ciuill obedience . secondly , that a man could not refuse this oath , but he must refuse all & euery one of the clauses therin contained . the former point hath bene h●ndled in the precedent chapter : of the other we must speake now in this place . ●●d for more perspicu●ty , we ●●all set downe heere what i wrote , before in my epistle about the same , which was this . this later oath ( said i ) albeit the apologer sticketh ●ot to say , that it toucheth not any part of the popes spi●ituall supremacy : yet in the very next period , he contradicteth & ouerthroweth himselfe therin . for so much , as deuiding the said oath of allegiance into . seuerall partes or parcels , twelue of them , at least , do touch the said supremacy one way or other , as by examination yow will fynd , and we shall haue occasion after to declare more at large . as for example , he writeth thus : and that the ini●stice ( saith he ) as well as the error of bellarmine his grosse mistaking in this point , may yet be more cleerly discouered ; i haue thought good to insert immediatly the contrary conclusions to all the poynts & articles , wherof ●his other latter oath doth consist , wherby it may appeare , what vnreasonable and rebellious poynts he would dryue his maiesties subiects vnto , by refusing the whole body of that oath , as it is conceaued . for he that shall refuse to t●ke this oath , must of necessity hold these propositions following : first that our soueraigne lord king iames is not the l●wfull king of this kingdome , and of all other his maiesties dominions . secondly that the pope by his owne authority may depose &c. but who doth not see what a simple fallacy this is , which the logicians do call à composito ad diuisa , from denying of a compound , to inferre the denyall of all the parcels therin conteyned . as if some would say , that plato was a man , borne in greece , of an excellent wit , skilfull in the greeke language , most excellent of all other philosophers , and would require this to be confirmed by an oath ; some plato●ist , perhaps , would be content to sweare it : but if some s●●icke , or peripateticke , or professour of some other sect in philosophy , should refuse the said oath in respect of the l●st clause , might a man infer against him in all the other clauses also , ergo he denye●h plato to be a man ? he denieth him to be borne in greece , he denyeth him to be of an excellent wit , he denyeth hi● to be skilfull in the greek● tongue &c. were not this a bad kind of arguing ? so in like manner , if an arrian , or pelagian prince● should exact an oath at his subiects hands , concerning diuers articles of religion , that were belieued by them both● and in the end , or middle therof , should insert some cl●●ses , sounding to the fauour of their owne sect , for which the subiect should refuse the whole body of that oath , as it was conceyued ; could the other in iustice accuse hi● , for denying all the seuerall articles of his owne religion also which therin are mentioned ? who seeth not the iniustice of this manner of dealing ? and yet this is that which our apologer vseth heere with catholicks , affirming in good earnest , that he which refuseth the whole body of this oath , as it is conceyued ( in respect of some clauses therof that stand against his conscience , about matters of religion ) refuseth consequently euery poynt and parcell therof , and must of necessity hold ( in the first place ) that our soueraigne lord king iames is not the lawfull king of this kingdome , and of all other his maiesties dominions . the contrary wherof all catholicks do both confesse , and professe : & consequently it is a meere calumniation that they deny this . this much was written about the matter . let vs consider what is brought by m. barlow against the same . and first concerning the contradiction obiected to the apologer , in that he sayd , that the oath touched not any point of the popes supremacy , and yet he deuiding the said oath into foureteene points , diuers of them are euidently seene to be agaynst the same ; m. barlow after a great deale of fumbling , and shuffling , of things togeather , as desirous to say somewhat , thoug● with such obscurity , as that ( i dare auo●ch ) any ordinary reader can hardly vnderstand him ; i find him to say no more in effect , but that these clauses excepted against in the oath , do concerne the popes temporall authoritie , & not his spirituall supremacy : but that is nothing . for as it hath bene often sayd , this extraordinary temporall au●●ority to be vsed in some cases , belonging to the censur●●g of temporall princes , when other remedy is not foūd , ●s it proceedeth from the popes spirituall charge , and is giuen for the conseruation of the spirituall : so consequently , can it not be denyed , or impugned without preiudice , ●●d impeachment of the sayd spirituall supremacy it selfe ? and consequently for so much , as in the oath it is ●●idently by sundry clauses impugned , it must needs follow that the popes spirituall supremacy is also impug●ed , which no man can deny , but that it appertaineth to the integrity of catholike religion , which is contrary to that which m. barlow saith , th●● only and meerly ciuill obe●●●●ce is exacted in this oath . to the sophisticall fallacy obiected by me , of arguing à c●●posito ad diuisa , that whosoeuer denieth this cōpound 〈◊〉 , must needs deny all , and euery part & parcell therof● and to the two examples by me alleadged , against the ●●●e , one of a philosopher describing plato , the other of 〈◊〉 arian prince propounding an oath , with many lawfull clauses , and one only vnlawfull , tending to the setting ●●●th of his owne heresie , for that they are euident in cō●on sense , and do presse m. barlow to the quicke , he findeth himself in very great straits : and to the first he pre●ermitteth to answer at all , seeking to couer himself with a ridiculous calumniation against me , for naming a philosopher . he girds ( sayth he ) at his maiestie for bei●●● philo●●●her , which is his maiest●●s great glory , & our realmes happines● for true philosophy ioyned to gouernment , regulats the scepter to his subiects c●●fort , and to the kingdomes renowne . by which words you may see , how vigilant and exact a craf●seman m. 〈◊〉 is in the art of adulation , in somuch that if the sci●nc● of parasitisme were lost he could restore it agayne of himselfe . and i say he is vigilant in this place , for that he hath taken occasion to flatter his maiesty , where none at all was giuen . for i did not so much as name his maiesty , but only said , as now you haue seene , that if any ●an would describe plato , affirming him to be a man born in greece &c. of an excellent wit , and ●●ally a●●ing that he was the most eminent of all other philosopher● , 〈◊〉 last point only might be sufficient to make 〈…〉 pe●●pate●icke deny to sweare the oath , although they did not d●ny all the other particulers therin contayned , ●o wit , that he was borne ●n greece , of an excellent wit , skilfull in the gr●●ke language , and the rest : and so , th●t albeit a catholicke man doe refuse to sweare to a●e oat● of allegiance , in respect of diuers clauses the●●in co●tained in pr●iudice of his religion : yet doth not he deny all the other clauses , as both absurdly and ini●riously m. barlow doth affirme . the second example in like manner , of an ari●● prince proposing vnto his subiects an oath contayning di●●●● clauses of true catholicke religion , and some one of a●ianism● , for which the whole is refused , barlow●●ndeth ●●ndeth to be as vnanswerable , as the former , though for a ●●●rish he taketh vpon him , to set it downe againe , in a better frame , as he pretendeth , but in very deed the very same in effect , and wholy against himselfe , to wit , tha● an arian prince con●●yueth an oath for his subiects to sweare , th●t there are three persons in trinity , that the s●cond person is the s●●● of god &c. adding notwithstanding , that he is not ●quall with his father , which is arianisme , some christia●● , saith m. barlow , fearing an error therein haue recourse to s●●e great doctour : he descrying the arianisme , sorbids them to take it , and not shewing them the erroneous artic●e , assureth them that the 〈◊〉 oath as it lyeth is vnlawfull . and doth not that doctour conde●●e all the articles the●in ? and willeth them inclusiuely to deny the trinity ? this is m. barlowes demaund vpon this case . and euery man of common sense i trow will answer , no , that he doth not eyther inclusiuely or exclusiuely deny the blessed trinity . and it is strange that a man of sense will argue so , or make so senselesse a demand . for why , or how doth this doctour deny heere the other two articles of true catholick doctrine ? for that he did not tell them distinctly which of the clauses contayned arianis●● ? first this maketh not to our case of the oath of allegiance , for that we set downe clerly the claus●s that we mislyke therin , which are all those , that touch either the popes authoritie , or any other part of the roman catholicke religion . secondly it was not necessary to tell the clause in particuler that contayned the arianisme , for that some of the people perhaps , that demaunded him the question could not well vnderstand it , and therefore it was sufficient to say , that the oath was , as it lay , naught : that there was some heresie therin : as if a phisitian should say of a dish of myn●ed meate brought to the table , that the eaters should beware , for that in some part there were poison , it were sufficiēt , though he shewed not the particuler part . or if a cooke should say , that among other hearbes in the pot , there was one very noysome , it were sufficient for aduise , to refuse the whole pot of pottage : and yet by this he doth not condemne all the other good hearbes , that might be in the pot . or was it perhaps for that the doctour said that the whole oath as it lay , was vnlaw●ull ? first i do not find the word whole to be vsed by cardinal bellarmine , but only the word iur amentum indefinitly . and secondly , if he had said , that the whole oath , as it lyeth , were to be refused , he had not thereby condemned ●uery clause , or part therof , which he proueth in these words , saying : nam ex 〈◊〉 sententia bonum ex integra a causa constituitur , malum autem ex singulis de●ectibu● : quare vt iur amentum prohibeatur vel recusetur , 〈◊〉 est necessarium omnes & singulae partes eius sint malae : satis autem est , si vel vna sit mala &c. for according to the common sentence of philosophers , that which is good , must consist of the whole cause , that is to say , of all parts requisite ; but to make a thing euill it is sufficient , that it hath but some one defect ; wherefore , for prohibiting or refusing this oath as euill , it is not necessary , that all and euery part thereof be euill , but it is inough if any one part therof be naught . and soe on the contrary part , to the end that this oath may be admitted , as good and lawfull , it is necessary that no part thereof be euill . this is cardinall bellarmines doctrine , wherein we see , first that he doth not vse the word vvhole , totum i●ramentum , which word notwithstandinge m. barlow doth often vse , and repeate in this place , making it the foundation of all his idle dispute . and secondly we see , that he doth not condemne al the parts of this oath , for that some be vnlawfull , but rather proueth the contrary out of the common sentence of philosophers , that if any one part be euil , it is sufficiēt to make the oath euil & vnlawful . in which kind m. barlow himselfe in the very nex● ensuing page , giueth an example of an indēture that hath many clauses , wherof the breach of any one prouis● ( sayth he ) doth forfeit the whole ; whereby is euident , that one de●ect is sufficient to make the thing euil ; but to make it good , al that is requisite must be obserued . and so in this oath , to make it vnlawful , it is inough that any one clause therof be naught , or against a catholick mans conscience , but to make it good and lawfull , al the clauses therof must be good and lawfull . and so you see how substantially m. barlow hath answered this point , ouer throwing himselfe with his owne argument . i wil not stand to confute that other mad assertion of his , more franticke then fantastical , wherby he affirmeth , and wil needes defend , that whosoeuer refuseth to sweare , to any one of the articles of this oath , acknowledgeth not the first , that king iames is lawful king of england . and what is his reason trow you ? no other , but that of the indenture before mentioned : for the whole oath , sayth he , is like an indenture , al the clauses tying , and tending to one condition o● allegiance , the breach of oue prouiso in the indenture ●or●eits the whole ; the denying of one article in the oath , is the dental of the whole , euen of the very first , that king iames is not lawful king. so he . but he that shall examine the matter wel , wil find that this pretended parity betweene the oath and indenture , articles and prouiso's , is only in sound of words , and not in substance ; for that in making an indenture , and the prouiso's therof , both parts must agree , that the breach of euery such prouiso shal forfeit the whole ; for that otherwise euery such prouiso , doth not euacuate the whole indenture , or make it naught . but herein framing this new oath , and the articles therof , there is not the consent or agreement of al those that are required to take the oath , nor obligatiō of conscience to agree : but rather to the contrary , they are bound by the principles of their religion to disagree , and disclaime against the same , as preiudicial to their soules . so as here those articles , or different clauses . are not as prouiso's agreed vpon , as in an indenture , but rather as points , and conditions proposed and required by the landlord , wherof the tenant may by right deliberate and consider , whether they stand wel for him or noe . and if not , he may refuse them , or at the least so many as he shal thinke to be hurtful or iniurious vnto him . neither is the denyal of any one or more , the denial of al , as m. barlows bad diuinity , and worse philosophy presumeth , to teach men that it is . but yet before i end this matter , on which he standeth so much , i would demand him further , whether this his assertion be not general concerning al kings , and he may not wel deny it , for that his reason is general as presently ensueth ; saying , the king being once in lawful possession , whosoeuer shal say , that he may be deposed for any cause , denieth that he is lawfull king. wherupon it followeth , that the kings of france , & spaine also are no lawful , or true kings in the opinion of their subiects , for that they al with vniforme consent , do hould this doctrine of the church , that kings and princes may in some cases ●e excommunicated and deposed . saul also was neuer lawful king , for that he was deposed , or els must we say that god did him iniury in deposing him . it followeth also by this inference of m. barlow , that if a man should deny to sweare to the last clause only , of al the oath , to wit , that he sweareth al the former articles hartily , willingly , and truly , vpon the faith of a christian : so help him god. &c. doth deny to acknowledg king iames to be lawfull king ; which is another point of parasitisme , more ancient ( perhaps ) then the former , especially if you adde therunto his propositions , vsed here to that effect , as namely , that if he were once lawful , he ●● ouer so●●or th●● 〈…〉 neither intended nor remitted , that vnlaw●ulnes o● title 〈…〉 with it the casuality of deposing , that no varying in religion , 〈◊〉 altering of manners , 〈◊〉 misordering a common wealth 〈…〉 his title ; that only a king can say to god , tibi soli p●●●ani ; that whosoeuer de●ieth not to the pope a deposing● power , de●ieth to 〈◊〉 king the law●ulnes of h●● inuestiture● and do●●●ion ; that , let a ●ing 〈◊〉 he will , for his religion , and gouernment , if he hath right to the 〈◊〉 his subiects must indure &c. and wil you not say now , that m. barlow is as good a chaplaine for the king , as he is a champion ? that is to say , as good a ghostly father of spirituall counsaile and resolution of case● of con●cience , as he is a valiant defendour of whatsoeuer was set down before in the apology ? but inough herof . vvhether the fovrth covncell of toledo did prescribe any such set forme of oath to be exhibited to the subiects , as is affirmed in the apology ? chap. ii. bvt now we must passe to another contemplation about a certain councel of toledo in spaine , alledged by the apologer , for authorizing and iustifying of this new oath , not only allowed , but decreed also ( as he sayth ) in that ancient councel , to wit , the fourth of toledo : i shall alleadg his words togeather with my answere therevnto at that time . and that the world ( saith he ) may yet further se his maiesties and whole states setting downe of this oath did not proc●ed from any new inuention of theirs , but as it ●warrāted by the word of god : so doth it take the example from an oath of allegiance , decreed a thousand yeares a● gone , which a famous councell then , togeather with di●uers other councels , were so farre from condemning ( ●● the pope now hath done this oath ) as i haue though● good to set downe their owne wordes heere in that purpose : wherby it may appeare , that his maiestie craue●● nothing now of his subiects in this oath , which was no● expresly , and carefully commanded them by the counce● to be obeyed , without exception of persons . nay , not i● the very particuler poynt of equiuocation , which his maiestie in this oath is so carefull to haue eschewed : but yo● shall heere see the said councels in their decrees , as carefull to prouide for the eschewing of the sa●e ; so as , almos● euery poynt of that action , and this of ours , shall be foun● to haue relation , and agreeance one with the other , sau● only in this● that those old councels were carefull , an● strait in commanding the taking of the same ; wheras by the contrary , he that now vaunteth himselfe to be hea● of all councells , is as carefull and strait in the prohibition of all men , from the taking of this oath of allegiance . s● he . and then i added . and i haue alleadged his discourse at large , to the en● yow may better see his fraudulent manner of proceeding● he saith , that the example of this oath is taken from a● oath of allegiance decreed a thousand yeares agone in the councells of toledo , but especially the fourth , which prouided also for the particuler point of equiuocatiō . but le● any man read those councells , which are . in number , and if he fynd eyther any forme of an oath prescribed , or any mention of equiuocation , but only of flat lying and perfidious dealing , let him discredit all the rest that i doe write . and if he fynd none at all , as most certainly he shall not● then let him consider of the bad cause of this apologer , that driueth hi● to such manner of dealing , as to auouc● euery point o● that action to haue agreeance with the offering of th●● oath . here now you see how m. barlow is prouoked to shew his manhood in defence of this passage , which he begin●eth very fiercely , with many contumelious words , with i ●e● passe as wind , and only shall relate those that ●e of some moment to the cause . vvhiles this iesuite ( sayth ●e ) i●●●aching the apologer of supposed fraudulency , himself euen 〈…〉 be arested of a fraudulent impuden●y , ●or that he charging 〈◊〉 apologer to say , that euery point of that toletan action hath 〈◊〉 with ours , ●e leaues out the principall word , which the said ●●●●●ger vsed , when he sayth , that almost euery point agreeth ; as if 〈◊〉 were no● difference , betwene his speach that should say , that father persons was almost vpon the sea-coast for england , and his that 〈◊〉 a●●rte , that he was at the sea-cost and shipt for england . ●●erto i answer first for the word almost left out . secondly 〈◊〉 the example . the words of the apologer about the likenes of our 〈◊〉 , to the toletane action are thrice repeated by me : first in the beginning of the matter p. . n. . where repeating the apologers words , i said , almost euery point of that action is 〈◊〉 to ours . in the end also , p. . n. . i related his words ●●s : that almost euery point of that action hath agreeance with that of 〈◊〉 &c. so as twice the word almost is repeated , though in the third place pag. . num . . it is said , euery point of that 〈◊〉 &c. which might be , as well the errour of the writer , or printer , as ouerslip of the authour . and how then can this be called fraudlent impudēcy ? or rather was i● not more fraudulent in m. barlow , not to tell his reader , that it was twice put downe , though once left out ? as for the two mēbers alleaged , they are both known to be false , that either father parsons was almost vpon the sea-coast for england , or vpon the sea-coast , and shipt for england , to expect the ●●●der-●lot , for that hundreds of witnesses will testifie in 〈◊〉 , that neither at that time , nor in al that yeare was he out of that citty ; so as this is somewhat more , then almost two vntruthes . and this is as much , as in effect he answereth to this matter . but i went forward in my letter to shew out of the councell , and histories of spaine , the occasions , causes , and circumstances of this councell , and how it was procured by the king of spaine , sis●nandu● of the gothish bloud , who hauing ceposed his lord , and maister king suintila , was somewhat iealous , least the oath of f●●elity , made vnto him by the spaniards , would not be obserued , and therfore made recourse vnto the bishops , and clergy , for assisting him in that behalfe , with their ecclesiasticall authority , as they did , both confirming the one , and excluding the other : wherupon is set downe in the preface of the said councell , that he comming into the same , accompanied with many noble , and honourable persons of his trayne , coram sacerdotibus dei bumiprostratus , cum lacbry●●● & gemitibus , pro se interueniendum postulauit , he prostrate on the ground before the priests of god , besought them with teares , and sobs to make intercession for him . wherupon the councell commaunded vpon seuere censures , that no man should practise his death or deposition , or breake his oath of fidelity made vnto him ; but no particuler forme of oath do i find there to haue bene prescribed , or decreed , wherby this our new oath may be confirmed , or authorized , but rather another oath prescribed vnto the king , and all his successours , iuramento po●licean●ur hanc se catholicam non permissuros eos violare sidem : that they sweare that they will neuer suffer their subiects to violate this catholike faith . and marke ( said i ) that he saith ( 〈◊〉 ) which was the catholike fayth then held in spaine , and explicated in these coūcels of toledo ; the particulers wherof , do easily shew that they were as oposite to the protestants fayth as ours is now . to all this , what sayth m. barlow ? he beginneth with a tale , as he is wont , when he hath little els to say : pericles ( sayth he ) as some do affirme , had that skill in wrastling , that though he receaued a fall , yet he would perswade the wrastler , that cast him , and the spectatours that beheld him , that he was the conquerour . you will imagine how well this is ●pplyed by him : he sayth , that there is not one poynt of this which i haue sayd , to the purpose or against the apologer . but how doth he proue it ? first he saith , that this conncell was gathered by the cōmand of king sisenandus . and what maketh this to the purpose ? did not we graunt also , that kings within their kingdomes , may cause prouinciall councels to be made by their bishops , archbishops , & metropolitans ? but how submissiuely this king did behaue himselfe in that coūcell , appeareth by his former submission , both in fact & words . and ye● by the way , the reader must note m. barlows smal truth in relating for his purpose these words : religiosissimi sisenandi regis iussu & imperijs conuenimus ; we are assembled by the commaund and authority of our most religious king sisenandus , wheras the true words in the councel are , ●●m studio amoris christi , ac diligen●ia religiosiss●●● sisenandi regis , apud toletanam vrbem , in nomine domini conuenissemus : wheras for the loue of christ , and by the diligence of our most religious king , we came togeather in the name of god , in the citty of toledo . and then those other words which ensue a●terwards , to wit , eius ●mperijs atque iussis , are referred to another thing , not to their meeting , but what matters they should principally handle touching discipline &c. vt communis a nobis ageretur de quibusdam ecclesiae disciplinis tractatus . in which treatise of discipline , was contayned in like manner the kings owne temporall cause , concerning the assuring of his succession by ecclesiasticall cēsures . when or wherin then shall we find m. barlow to deale pūctually , and sincerely ? but let vs go forward . in the next place , he sayth , that this councell , & the canons therof do make for the protestants , and giueth example in three or foure canons , and concludeth generally in these words : the church o● england , both for substance in doctrine , and ceremony in discipline , doth hould the same , which ma●y of the sayd canons do conclude . well then we shall see presently , how many they be . he citeth only foure of seauenty and foure , and those so impertinently , as by the citation he maketh himselfe miserable , as now you will perceaue . and first he cyteth the . canō , saying , that the marriage of priests , so it be with the consent of the bishop , is therin allowed : and he beginneth with this , for that it seemeth to him a knocker , and to the purpose indeed , for authorizing priests marriages . wherfore we shall handle it in the last place of the foure alleadged by him . in the second place then he leapeth back from the . canon , to the . saying , that therin it was positiuely set downe , that ignorance is the mother of all errours , but not of de●●tion . a great obiection no doubt against vs ; as though we were great friends of ignorance : ignorance ( sayth the canon ) the mother of all errours , is most to be auoyded by priests , who haue the office of teaching the people . do we cōtradict this . what meane our schooles ? our seminaries ? our colleges ? our vniue●sities for bringing vp , and instructing priests ? are our priests in england , or on this side the seas , more incumbred with ignorance then the ministers ? why then is this canon brought in against vs ? for that perhaps it sayth not , that ignorance is the mother of deuotion , nor we neither , as it hath bene sufficiently proued against syr francis h●sting● that ignorant knight , who following m. iewell , obiected it as spoken once by doctour cole , meaning ( if he spake it ) that some simple people are more deuout then greater learned : but that ignorance should be a mother , or necessary bringer forth of deuotion , was neuer affirmed by any position of catholikes , and was proued to be very false in syr francis owne person , who shewed himselfe to be very ignorant , and yet nothing deuout . and the same in due measure and proportion , may be verified in m. barlow : & if he deny it , let vs part our proofes . i haue shewed his ignorance in alleaging this canon that maketh nothing for him ; let him proue his deuotion . from the . canon he steppeth forward againe , to the . wherin he saith , is decreed that the clergies imm●nitie from ciuill molestations , and troubles , is from the king , and by his cōmaund and authority . and what maketh this against vs , or for the protestants ? why is not this practised at this time in englād , that all clergie men be free , ab omnipublica indictione atque labore , ●t lil●ri s●ruiant deo , sayth the same canon ? from all publike taxes , & labour , to the end they may attend to se●ue god more freely ? is the vse of this canon more amongst catholikes or protestants ? and if more amongst catholikes , and nothing at all amongst protestants , especially in england , what wisdome was this of m. barlow , to b●ing it in as a point decreed by the councel , conforme to their doctrine , and practice ? but saith he , this immunity came from king sisenandus his order and commandement . true it is that he , as a good catholike prince , was very forward therin , yet the decree was the councels , and therfore it is sayd in the canon , id decreuit sanctum concilium , the holy councell decreed it . neither do we teach that this immunity , or freedome of the clergy , from secular burthens , is without the consent , & concurrence of christian princes , proceeding out of their piety , and deuotion towards the church , to fauour & further that , which was esteemed by the church needfull to gods seruice , & conforme to gods diuine law , both written , & impressed by nature . so as this immunity of clergy men was brought in both by diuine and humane law , as largly & learnedly doth proue cardinall bellarmine in two seuerall chapters of his booke de clericis , to whom , as to his maister , i send m. barlow to schoole , though much against his will : where also he will learne , that long before this fact of king sisenandus , other christian emperours and kings , had consented to these immunities of clergy men , and confirmed the same by their temporall lawes & decrees : which piety king sisenandus did follow , and imitate in spaine . and would god he would inspire his maiesty to do the same in england . but what helpeth this m. barlowes cause ? truly euen as much as the rest . let vs see if you please , what is his fourth canon , which he cyteth for his proof , of the coūcels agreement with protestants . he leapeth then lastly to the . canon , which is one more then is in the booke , for there be but . but this is a small fault in respect of that which presently ensueth . his words are these : lastly that all the decrees , and canons of that councell , were confirmed by the clergy , annuente religiosissimo principe , after the kings royll assent had vnto them , and that set downe can. . but first of all if the thing did stand in the councell as heere it is set downe , that the princes consent and confirmation had bene demaunded to all the decrees , and canons , as m. barlow sayth , yet the words being but annuente princip● , the prince consenting therunto , i do not see how it can be truly translated , as it is by m. barlow , after the kings royall assent had vnto them , which are the vsuall words whereby parlament statutes are confirmed , wherein the king , as truly supreme head , hath chiefe authority to allow , or reiect ; which i doubt not but that king sisenādu● toke not vpon him , in this councell of toledo : nay if the place be rightly examined , which is in the very last lynes of the sayd councell , it wil be found that the said consent of the prince was not about the decrees of the councell , but about the subscribing of all the bishops names vnto the sayd councell . for they hauing ended all , and made a large prayer for the prosperity of the said king , and all said amen , it is added lastly : definitis itaque ●is , qua superiùs comprehensa sunt , annuente religiosiss●mo p●incip● , ●lac●it d●inde &c. et quia pros●ctilus ecclesiae , & anima nostra con●●ni●nt , & iam propria subscriptione , vt permaneant , roboramus . wher●fore hauing defined these things , that before are comprehended , it seemed good also by the consent of our most religious prince , that forsomuch as these things , that are decreed are profitable for the church , and for our soules , we do strengthen them also by our owne subscriptions , to the end they may remayne . i isidorus in the name of christ metropolitan bishop of the church of siuill , hauing decreed these things , do subscribe &c. and so did all the other bishops by name . heere then i see not what m. barlow can gayne by alleaging this canon . for if this allowance of king sisena●dus , be referred to the bishops subscriptions ( as it seemeth by that it cōmeth after the mention of the made decrees ) or if it were in generall allowance of the whole counc●ll by way of yielding to the execution therof , as m. barlows doctrine ●lse where is ; it maketh nothing against vs at all . for we grant this consent to all princes , whithin their owne kingdomes , therby to haue their assistance , for execution especially for such points as interesse , or touch the politicall state or cōmon-wealth . there remaineth then to examine a little the first allegation out of the . canon , where he sayth , that priests marriage is allowed in this canon , so it be with the cōs●nt of the bishops . wherin two egregious frauds are discouered so manifestly as he could not but know when he wrote them , that they were such . the first is , for that he translateth presbyteri , for clerici , peruersly thereby turning clarks into priests , knowing well inough what he did , for that he must needs see the difference in the very canon , as presently we shall shew . the second fraud is , that he knowing , that this coūcell did vtterly disallow the marriage of priests , yet he shamed not to affirme the quite contrary . we shall say a word of the one and the other . for the first he alleageth as you haue heard , the . canō , whose words are : clerici qui sine consultu episcopi sui du●●int &c. : clarks that without the consultation of their bishop shall marry wiues &c. must be separated from the clergie , by their proper bishop . which word cleri●i , m. barlow translateth priests , notwithstanding he knoweth i● i● not so taken there by the councell , but for inferiour orders ●nder subdeacon , which is the first of the three that excludeth marriage . this is seene by many canons , as namely by the . which beginneth thus : omnes clerici vel lectores , siue leuitae & sacerdotes , detonso superiùs capite toto , inserius solam circuli coronam relinquant . all clarks and readers , as also deacons and priests , cutting of all the hayre of the vpper part of their head , let them leaue in the lower part only the crowne of a circle . here you see that clerici , & sacerdotes are distinct degrees : you see also this ceremony of discipline in that church of spaine . will m. barlow confesse that his church agreeth in this ? the tytle also of the . canon is , de cupiditate episcopi , presbyteri , v●l diacomi , siu● clericorum : of the couetousnes of a bishop , of a priest , or deacon , or clarks . wherby is euident that in the councels sense , priests , deacons and clarkes are distinct orders in the church , and consequently though the councell doth say that clarks may not take wiues , without the consent of their bishops ; yet their meaning is not that may take wiues , with the said consent ; so as in this m. barlow was false , and knew that he deceaued , when he translated clerici for priests . but now for the second point , that he must needes know also , that the meaning of this councell could not be , that priests myght marry , by allowance of the bishop , i proue it thus , for that this councell did make profession to follow their auncestors , and forefathers decrees ; and we find registred in an ancient spanish councell held three hundred yeares before this , called elibertinum , this canon which is the . of the said councell ; placuit in totum prohibere episcopis , praebyteris , diaconibus & subdiaconibus positis in minist●rio , abstinere se coniugibus suis , & n●n g●nerare filios , quod quicumque ●ecerit , ab honore clericatus extermi●etur . it seemeth good to the councell wholy to forbid , all bishops , priests , deacōs , & subdeacons placed in ministrie , that they abstayne themselues from their wiues , and beget no children : and whosoeuer shall do the contrary , let him be cast out of the clergie . after this agayne in another coūcell of toledo , which was the second held some hundred yeares before this fourth , the mater is determined in the very first canon thus , speaking of yong men , that pretended to take holy orders , & to be priests : vbi octauum decimum aetatis suae compleuerint annum &c. when they shal be full eighteen yeares of age , let the bishop in the presence of the clergie and people search their wils , about desire of marriage , & then if by the inspiration of god , the grace of chastity shall please them , and they shall answer that they will keep their promise made of chastity , without coniugall necessity , then let these men , as desirous of a most strait way , be admitted vnder the most sweet , and easie yoake of our sauiour . and first , let them take the ministry of subdeacon at . ●eares of age after the probation had of their constancy , and at . yeares , let them take the office of deacon : cauendum tamenest his , ne quando suae sponsionis immemores , ad terrenas nuptias vltrà recurrant : yet must these men take heed , least being at any time forgetfull of their promise or band , they do run backe to earthly marryage . by these two more ancient councells then of spayne ( not to speake of others ) we may see what could be the sense of this fourth of toledo , cōcerning marriage of priests , as also what is meant by that direction giuen in the . canon : vt quando presbyteri , aut diaconi per parochias constituun●● , ●p●rtet eos primùm professionē episcopo suo facere , vt castè & purè ●i●ant : when priests or deacons are appoynted throughout parishes , they must first make profession vnto their bishop , that they will lyue chastly and purely . the councell doth not say heere , that they may take wiues , with the bishops consent , as was said of clerici before . wherfore in both these points , i meane as well in this translation , as in the maine assertion , that then it was lawfull for priests to haue wiues , m. barlow dealt fraudulently . i will not cite other councells held both before and after this both in spaine & elswhere concerning this matter : as before , that of toledo the third about the yeare . that of lyons , ● . that of t●u●rs , . that of orlea●ce , . as also after , let the reader view the . and . of toledo , about the yeare . and . that of shalons in france the very next yeare after . yet can i not pretermyt one canon of the forsaid third councel of toledo held vpon the point of fifty yeares before this fourth , wherof we now talke , which third councell of toledo , in the fifth canon hath these words : c●mpertum ●st à sancto concilio &c. it is vnderstood by this holy councell , that certayne bishops , priests , and deacons , comming from heresie , do contynue to haue carnall desires , and copulation with their wiues , and to the end this may not be done hereafter , it is cōmanded by the councell , as also it hath bene determyned in former canons , that it is not lawfull for them to lyue togeather in carnall society , but that so long as coniugall faith doth ●●mayne betwene them , they may haue care , one of the others cōmon vtility , but yet not dwell togeather in one ●oome : or if their vertue be such , as may seeme to haue no● perill ; yet let them place their wiues in another house , that their chastitie may haue testimony , both before god and man. and if any man after this ordinatiō , will choose rather to liue scandalously with his wife , let him be deposed from priestly function , and beheld only as a lector or a reader &c. by which ordination of the coūcell , we may see the seueritie of that time , not only in keeping priests from marriage after they were priests , but euen in forbiding the vse of their wiues that were married before , if any such were admitted . and it is to be noted , that the coūcell saith here , that this custome of priests liuing with wiues , came from the heroticks of those dayes , and was practized by them principally , that were turned from heresy to catholike religion . and finally i cannot pretermit , for the vpshot of this matter , to note one sentence of isidorus archbishop of si●●ll that was president , and first subscribed to the foresayd councel of toledo , who in his second booke , de ecclesiastic●● officys , talking of this very same councel , as it may seeme , sayd , placuit sanctis patribus , vt qui s●cra myster●● cont●●cta● , ●asti sint , & continentes ab vxoribus . it seemed good vnto the holy father , to determine that such as do handle the holy mysteries , should be chast , & continent from wiues . and thus much for the first point auerred by m. barlow , that foure canons of the fourth councel of toledo do make for him , and his religion . but now we haue seene his ill fortune in the choice , for that no canon maketh for him , but rather all against him , and especially this last . now let vs see somewhat about the second point , that the church of england at this day , both for substance in doctrine , and cerimony in discipline doth hould the same , which many of the said canons do conclude : which though as before , i haue noted , it may seeme to be a very dubious & imperfect assertion , for that they of england , being christians , and so those of that councel also , it were very ●ard but that of . canons ( wherof the first only comprehēdeth the summe and confession of all articles of christian fayth contayned in the common creeds : ) it were hard i say , ●ha the church of england should not hold in substāce , at least , the same that many of those canons do conclude . but let vs touch the point indeed , concerning the articles now in controuersy betweene vs , and protestants , ●oth for doctrine and cerymonies , whether in these the sayd councel of toledo , did agree m●re with the church of engl●●● as now is teacheth & practizeth , or with the church of rome . and albeit this councell was not gathered togeather , purposely to handle and determine matters of faith , and doctrine for the establishing of king sisenand●● his successi●● , and concerning ●he dep●sition of king suintila , as hath bene touched , ●nd by that occasion , for reformation also of manners of the clergy : yet are there many things here handled which giue sufficient signes with what church they more agreed , either the protestants or ours . in the very f●●st canon , where they make their profession of 〈◊〉 , ●hey say , descendit ad inser●● , 〈…〉 he descended into hell , to fetch from thence tho●● sain●● which were there detained . do the protestants agree to this interpretation ? and then talking of the last iudgment they say : alij pro iustitiae meri●●● vitam 〈◊〉 : some shal receaue life euerlasting at christs ●and● for their merrits of iustice . will protestants acknowledg this in their creed ? and it followeth immedi●tely , haec est ecclesiae catholicae fides &c. this is the ●●ith of the catholicke church : this confession we 〈◊〉 and 〈◊〉 ●hich 〈◊〉 ●h●soeuer shal constantly keepe , shal 〈◊〉 li●e euerlasting . s● they● and for so much as there oc●●●red a doubt in the church of spaine , about the vse of ●aptisme , some allowing a triple dipping in the water , some one only ; the canon saith● that the recourse in former ●●me was made to the sea apostolick for deciding of the same , by s. leander archbishop of siuill , who wrote to s. gregory the great then pope of rome , to haue his resolution . and wil m. barlow allow of this recourse ? but let vs heare the words of the canon . proinde quid à nobis &c. wherfore what we are to do in spaine ( saith the councel ) in this diuersity of administring the sacraments , apostolica sedi● in ●●●mem●r praecepti● , non nostrā sed paternam instructionem sequent●● : let us 〈◊〉 by the pr●cepts of the sea apostolick , not following our owne instruction , out that o● our fore-●at●●rs● wherfore gregory of holy memory bishop of rome , at the request of the most holy man leander bishop of si●●●● , demāding what was to be followed in this case ; answered him in these words : nothing can be more ●ruly ans●ered , about the three dippings in baptisme , thē that which you your selfe haue set down , that diuersities of some customs , doth not preiudice the holy church , agreeing all in one faith . so s. gregory . but yet discusseth the question more largely , as may be seene in that canon : but much more in his owne booke , lib. . regist. epist. . and is thi● conformable to the practice & doctrine of m. barlows church ? some men will say perhaps ; yea , to the church of engl●●● that then was , for that about the very same tyme that s. leander metropolitan of : si●ill wrote to s. gregory , to haue his resolu●ion about this difficulty of diuers custome● in baptizing . s. augustine archbishop and metropoli●●n of the english nation , wrote vnto the same s. gregory , about the like doubts , as appeareth by venerable bede , and had his answere to the same . but this recourse also of the english church at that time will not greatly please m. barlow . in the seauenth canon some men are noted , that vpō good friday after h●ra nona , did vse to breake their fast , for which they are much condemned by the councell , adding this reason for the same : for that the vniuersall church did obserue the fast of that day , wholy , and strictly , for the memory of the passion of our sauiour , & therfore whosoeuer should breake that fast , besides yonge children , old men , and sicke men , before the church haue ended her prayers of indulgence , he should not be admitted to the festiuall ioy of easter day . and is this conforme to the present church of england ? in the eight can●n there is a re●son giuen by the councel , cur lucer●a & cereus in peruigilijs à nobis benedicantur : why the candell , & the waxe taper are blessed by the bishops . and if any mā will contemne this ceremony , qui haec contempserit , patr●● regu●is subia●ebis , sayth the canon , he shall vnder goe the punishments appointed by the rules of the fathers . this cogitation i thinke hath neuer much troubled m. bar●●● . in the tenth canon , order is giuen about the discipline to be vsed in lent , both in respect of publike prayer , and priuate chastisings of the bodie . touching the first , it is ordained , vt in omnibus quadragesimae diebus , quia te●pus non est gundij sed m●rori● , alleluia non decantetur : that alleluia be not songe in all the daies of lent , for that is a time , not of ioy , but of sorrow● and then for the chaftysment of the flesh they say : opus est fletibus & ie●u●ijs insistere , corpus cilicio & cinere induere , 〈◊〉 moeroribus deijcere , gaudium in trislitiam vertere quousque ●●●iat tempus resurrectionis christi . it is necessary to insist in weeping and fasting , to couer our body with haircloth ●nd ●she● , to deiect our mynd with sorrow , to turne mirth into sadnes , vntill the day of christs resurrection do come . and doth this ceremony of discipline please m. barlow , or doth his church admit the same ? and if he doe not , th●̄ let him heare what followeth in the councel , hoc enim ecclesiae vniuersalis consensio in cunctis terrarum parti●us roborauit &c. for this the consent of the vniuersall church hath establyshed in all parts of the christian world , and consequently it is conuenient to be obserued throughout the prouinces of spayne , and galicia , and therfore if any bishop , priest , or deacon , or any whatsoeuer of the order of clarks , shall be found to esteeme , or perferre his own iudgment before this constitution of ours , let him be put from the office of his order , and depriued of the cōmunion at easter . this toucheth m. barlow neere , & euen to the very quicke : and i thinke his church will hardly brooke this seuerity of the old spanish discipline , though you haue heard him promise that he will. in the . and . canons , order is giuen for singing of hymnes in the time of masse , and namely that of the three children in the fornace , and certaine priests are reprehended quòd in missa dominicorum dierum , & in solemnit atibus martyrum canere negligant , that they do neglect to sing the said hymne at masse on sondayes , and on the festiuall dayes of martyrs . wherfore this holy councell doth ordayne , sayth the canon , that throughout all the churches of spayne and galicia , in omnium missarum sole●●itate idem in publico decantetur , in the solemnity of a●l masses , the s●me hymne be publikely song ; vnder payne of loosing their communion , who shall do contrary to this ancient custome of singing this hymne , and shall violate this o●● definition . so the councell . and will m. barlows church admit this doctrine of masses and celebrating the martyn feastes ? in the . canon remedy is prouided for certaine disorderly monks , who ●unning ou● of their monasteries non solùm ad saecul●m reuertantur , sed e●iam vxores ac●ipia●t , do not only returne to the world , but take wiues also : and the remedy is , that they must be brought backe to their monasteries againe , & poenitentiae deputentur , ibique ●●fle●●t crimina sua , and be appointed to do penance , and there let them weepe , and bewayle their sinnes . and what will m. barlow say to this point of discipline ? or at least what would his chiefe doctours and grandfathers , ●●ther , o●colampadius , peter martyr , ochinus , or to come neerer home , what would scory of hereford , bartlet of bath and vvells , fryar bale , and others haue sayd therunto ? might not beares as soone be brought to the stake , as these men againe to their monasteries to do penance ? and yet if they had bene in spayne at that time , this spanish discipline would haue brought them backe , which m. barlow in generall saith , that his church houldeth also : but when i● commeth to the particuler , i doubt not but he will go from his word againe : and therfore i will stand no longer vpon this point , though many other examples might be alleaged . there remayneth only then now for the conclusion of this chapter , to see and weigh the comparisons that may be made betweene this oath of fidelity of the spanish subiects vnto their king sisenandus ( the keeping wherof is so earnestly recommended by this councell ) and this other english oath of allegiance , required by his maie●●ie , wherin i sayd i found no more parity or semblance , but as that was an oath of ciuill obedience to their temporall prince , so is this also in some clauses , and therfore as the councel did well allow , yea much recommend and incharge the keeping of that oath to king sisenand●● : so do all good catholickes desire the obseruation of the foresaid clauses contayned in this oath , so far forth , as they concerne the said temporall obedience . but this doth not proue that any such forme of oath as this new oath is , was there prescribed or decreed , either quoad for●●● , or quoad materiam . for as for the forme , i find no particuler forme set downe or decreed in the councell , as hath bene said , but only an admonition to keepe the oath before taken , with an earnest dehortation , & commination against all perfidious conspiring or rebelling against their king , which we most willingly also agree vnto . and as for the matter and subiect of the oath it is cleere , that , that was of temporall obedience only , and had no such clauses against the authority of the bishop of rome , as this hath : nor can it be imagined with any probability that if any such thing had bene proposed by k. ●isenandus to that councel , that they would haue harkened vnto it , and much lesse agreed , and subiected themselues to ●ake it , or allowed it to others , to be either proposed or taken . well then , what saith m. barlow to this conclusion ? certes he seeketh so say many things , but so far from the purpose , that he truly may be sayd to say nothing . he setteth downe clauses of my speach , with his answers thus . first , quoth i , there is noe partyculer forme of an oath put downe in the councell and consequently this new forme could not be taken from that . he answereth ; can an oath be kept which was not first taken ? but what is this to the purpose : for the question is not , whether the spaniards did take an oath to their king or not , for that is graunted , but whether the forme of the oath were like to this of ours . and yet as though he had answered to the purpose he goeth forward to proue that an oath was taken . it appears ( sayth he ) in the canon i● self , that all of them had taken an 〈◊〉 the state decreed it , the subiects of all sorts tooke is , the 〈◊〉 inioyned the inuiolable performance thereof . so then an oath there was● that is without question , and a forme it ●ad , i● not set downe i● 〈◊〉 councell what is that to the point ? truly syr nothing at all : as is neither this your prouing of that which is not denied , but it had bene much to the point to proue that , that forme and this forme had bene a like , and soe the one confirmed by the other , which you attempt not at all to do . and yet i pray thee good reader , see heere how he braggeth immediatly . sufficiently ( sayth he ) hath the apolog●● euicted what he would to proue that the oath of allegiance amongst 〈◊〉 is no such strange thing , hauing a president in like kind confirmed by diuers councells , about a thousand yeares sithence . but i would demaund of m. barlow , what was the question betweene vs ? was it whether there were euer any oath of allegiance to temporall princes allowed , or taken in the christian world before this of ours ? for if this were the question , then hath he sufficiently euicted his purpose , by shewing that so long ago an oath of allegiāce was allowed in the councell of toledo . but if this was not the question , but only whether there was a like oath to this in forme or matter allowed in the councell of toledo , then hath m. barlow euicted nothing , but his own disgrace , for that he hath run quite from the purpose . and yet to seeme to say somewhat , he returneth agayne afterward to speake of the forme , and matter of this oath , recommended in the councell of toledo . and first he sheweth , that albeit the forme be not expressed in the councel , yet must it be persumed to haue bene made in the name of god , as is commaunded in deuteronomy the . but this is very general . then he setteth downe a certayne protestation made by the bishops , and archbishops in the sixt councell of toledo , for the temporall safety of their prince , in these words : ideo testamur 〈◊〉 deo , & omni ordine angelorum &c. therefore we do testyfie , before god● and all the orders of angells , as also● before the quire of holy prophets , and apostles , and of all martyrs , and before the whole catholike church , and congregation of christians , that no man intend the destruction of the king , that no man attempt any thing against the life of the prince , that no man depriue him of the gouernment of the kingdome , that no man by tyrānicall presumption vsurpe vnto himself the height of his kingdome , that no man by any machination in his aduersytie do associate vnto him the assistance of conspirators ; and if any man shall presume to attempt any of these thinges , let him be stroken with our curse , and be condemned to euerlasting iudgment without any hope of remedy . here now m. barlow tryumpheth , and sayth , that this is a forme of an oath prescribed , and therfore i haue lost my credit , that denied the same ( in the . councel . ) whereto first i answere , that this is rather a protestation of the councel , a commination , or threatning to others as appeareth by the punishment appointed , thē any forme of an oath , either taken by themselues or prescrybed to others . and secondly i say , that this is so far different from the forme of our new oath of allegiance , now exacted as nothing can be more ; which euery man will see by comparing them togeather : for i hope m. barlow will not allow the inuocation of angells , prophetts , apostles & martyrs called for witnesses , as heere is vsed : and so the formes are nothing like , nor is this an oath made to the king. but let vs see somewhat more of this matter . he alleageth my exception , that the oath in the councell confirmed , was an oath of ciuill allegiance only , which neither the catholikes refuse , now pope paulus doth prohibite . against which he maketh a long idle discourse , that the same thinges are contayned in the one , and the other oath , as the safety of the king , the preseruation of his life and crowne , and the like . which though in some part it be acknowledged to be true ( and in this we haue no difficulty to agree with him : ) yet is not this only sought in the new oath , but the deniall also of the popes authority . or if m. barlow will contend , that this of the princes safety , is only sought : we answere , that at least it is not sought by good and lawfull meanes , but by such as the councel of toledo would neuer haue yielded vnto , if their king sis●●dus should haue demanded them such an oath , with such and so many exceptions against the popes authoritie , wherof in that oath m. barlow shal not find one , although he search and sist it neuer so narrowly , and therfore all that hitherto he hath said , is nothing to the purpose . there remayneth then only the last clause to be examined , whether the said councell of toledo did prouide euen for the particuler point of equiuocation , as the apol●g●● said , & i in my answere denied , that there was any mention of equiuocation in that councel , but only a reprehension of lying and per●idious dealing ; which m. barlo● comming now to treate , confesseth that there is no mention indeed therof , but that lying and equiuocating is all one , which is to rayse vp agayne an old contention , that passed betweene m. morton and me , wherein i presume to haue made so euident demonstration , that lying and amphilology or doubtfull speach ( by others called equiuocation ) are far different thinges , and cannot stand togeather ( and much lesse are all one , ) as no man though ●f very meane capacity can but see the same ; though malice doth not suffer m. barlow to confesse it . to which effect i haue alleaged many proofes out of the nature and definition , both of the one , and the other , many examples out of the holy scriptures , out of the old & new testament , the authority of sundry ancient fathers , the practice of many saints , the consent of schoolmen , and other like proofes , which m. barlow hauing read and wel pondered , should haue confuted , or at least some of thē in this place , before he had cast him selfe anew into m. mortons absurdities , by affirming againe with him , that menda●i●● and amphibologia , lying and equiuocating is all one . but he doth not only this , but he runneth also to find out certayne synonima of different soundes , of the same sense , in the north and south of england , as for example . takers in the north , doe signify theeues in the so●th , 〈◊〉 vsed women in the north are called wh●res ( as he saith ) in the south : * fit examples for his inuention . but all is impertinent : for we do not hould that mendacium & equi●ocatio are sy●●●i●a , but quite different things . for a lye , as largly hath bin han●ed against m. morton , is when any false thing is vttered , contrary to the knowledge of the vtterer ; but he that doth equiuocate , doth alwayes speake truth in his owne sense and meaning , though the hearer doe conceaue another meaning , for that the speaker reserued somewhat in his minde , which he vttereth not : & this thing is so ordinary , & euident in the speaches both of the ancyent prophets and apostles , and of christ our sauiour himselfe , as m. barlow , and m. morton laying their heads togeather , will neuer be able to answere the multitude of examples by me alleadged in that behalfe ; which appeareth sufficiently , both by that m. morton in his late reply , pretermitted them all , and durst not as much as take them in hand to answer ; and the like doth m. barlow heere , but only that this later , as more temerarious , runneth into other absurdities , shewing indeed , not to vnderstand well the state of the question or nature of the thing it selfe . for thus he describeth equiuocation & lying . vvhen a man , saith he , speaketh any thing contrary to that he thinketh in his mind , equiuocare est ( say the iesuits ) mentiri est , sayth the m. of sentences . wheras notwithstanding , euery learned man knoweth that both the iesuits , and others that write of this matter do agree with the m. of sētences in this point . for whosoeuer speaketh cōtrary to that which in his mind he thinketh , it is a lye , & no equiuocatiō , for he that doth equiuocate , must alwayes haue a true sense in his owne meaning , which he cannot haue , who doth speake contrary to that which in his mind he thinketh . then goeth he forward in his declaration , saying : the principall difference which they make is in their purpose , for that they do it not with an intent to deceaue , but only to defend themselues : and then as though this supposed ground were true , he goeth forward to shew vpon the same , that a good intention is not sufficient , to iustifie the doing of that which is euill : but this principall difference seemeth to be a principall ignorance in m. barlow , shewing that he doth not vnderstand indeed wherin we do put the principall difference betweene lying and equiuocating , which is not in the purpose and intention of the speaker , as he sayth , but partly in the thing it selfe vttered , to wit , that it be really true , in the sense , and meaning of the vtterer : and then in the quality of the hearer , whether he be a lawfull iudge , and therby may oblige the speaker , to speake to his intention , and other such circumstances , which are largely hādled in my foresaid booke , and not vnderstood as it seemeth , or not read by m. barlow , which me thinkes he ought to haue done , meaning to treate of this matter here . and so i shall passe no further therin , but referre him & the reader , to the larger treatise of that subiect already extant . cardinall bellarmine is cleered from a false imputation : and a controuersie about certaine words & clauses in the oath is discussed . § ii. after this m. barlow passeth to a poynt concerning cardinall bellarmine , set downe in the apology in these words : some of such priests and iesuites as were the greatest traytors & fomentours of the greatest conspiracies against her late maiesty● gaue vp f. robert bellarmine for one of their greatest authorities and oracles . so sayth the apologer , & noteth in the margēt , campian & hart in their conference in the tower. this was noted by me in my letter , as an vniust charge , both in respect of the two men mētioned in the margent , who were most free from being traytours , and much more the greatest traytours : excepting only their priestly functiōs most iniuriously made treasōs , against all truth & equity , as aboundantly else where hath bene proued ; but much more in respect of cardinall bellarmine , who was not so m●ch as named , by any of them in any matter tending to treason , or conspiracy towards the late queene ; and therfore if he were by any of them named or mentioned , it was in matter only of learning , not of treasons , and conspiracies , which m. barlow is also forced here to confesse , and sayth that it was meant in matters of the conference in the tower : but euery man of iudgment will se what the words of the former charge do import , and how farre they reach , which m. barlow considering , he dareth not stand to his first refuge , but addeth , that bellarmine in his booke which english priests do study , doth teach such doctrine as is the ground of rebellions : he blowes ( sayth he ) the bellowes of seditious doctrine , which flames out by his schollers conspiracy , to the disturbāce of the chiefest states of christendome . but this now men will see how passionate , and vntrue it is , that the chiefest states of christendome are disturbed by cardinall bellarmines doctrine : i do not meane to stand vpon the confutation of so childish imputations . there followeth a certaine small controuersie , about the words temperate , and tempered , whether they signify the same or no : wherof we haue handled somewhat before , & so shall dispatch it here in a word . cardinall bellarmine had said in his letter to m. blackwell , that this oath is not therfore lawfull because it is offered as tempered , and modified , with diuers clauses of ciuill obedience , giuing an example out of s. gregory nazianzen of the ensignes of the emperour iulian , wherin the images of the heathen gods were mingled and conbyned togeather with the emperors picture , and therby so tempered & modified , as a man could not adore the one without the other . which speach of the cardinall was much reprehended by the apologer , as though bellarmine had misliked the temperate speach vttered in the forme of this oath . but that was no part of bellarmines meaning , but that the said oath was tempered , mixt , and compounded of different clauses , some lawfull , and some vnlawfull , as a man would say , morter is tempered with water , sand , & lyme : and this appeareth by his example of the ensignes before mentioned tempered , that is , mixt with the images of the emperours , and their false gods. and if m. bar●●● will needs haue this temperament to haue also with it some temperature , which is his only reply now in this place , we will not greatly striue with him . let it be esteemed to be some temperature , that here are mingled some clauses of ciuill obedience , with other concerning religion , it helpeth the mixture , but not the scruple of conscience to him that must take it . i pretermit all the rest of m. barlows superfluous and idle speach about this matter , as striuing to say somewhat , but yet in substance sayth nothing . it followeth in my letter , concerning the answering of two questions proposed by the apologer , wherin i shall repeate againe my owne words then vttered : thus then i wrote . that the apologer hauing said with great vehemency of asseueratiō , that heauen and earth are no further a sunder , then the profession of a temporall obedience , to a temporall king , is different from any thing belonging to the catholike fayth , or supremacy of s. peter ( which we graunt also , if it be meere temporall obedience without mixture of other clauses : ) he proposeth presently two questions for application of this to his purpose . first this : as for the catholike religion ( sayth he ) can there be one word found in all this oath , tending to matter of religion ? the second thus : doth he that taketh it , promise to belieue , or not to belieue any article of religion ? wherunto i answere first to the first , and then to the second . to the first , that if it be graunted , that power & authority of the pope , and sea apostolike left by christ , for gouerning his church in all occasions and necessities , be any poynt belonging to religion among catholikes , then is there not only some owne word , but many sentences , yea ten or twelue articles , or branches therin , tending and sounding that way , as before hath bene shewed . to the secōd question , may make answer euery clause in effect of the oath it selfe . as for example the very first : i a. b. do truly , & sincerely acknowledge , professe , testify , & declare in my conscience , that the pope neither of himselfe , nor by any authority of the sea or church of rome , hath any power & authority &c. doth not this include eyther beliefe or vnbeliefe ? againe : i do further sweare , that i do from my hart abhorre , detest , & abiure , as impious & hereticall , that damnable doctrine , & position , that princes which be excommunicated , and depriued by the pope , may be deposed &c. doth not here the swearer promise , not to belieue that doctrine which he so much detesteth ? how then doth the apologer so grossely forget , and contradict himselfe , euen then , when he goeth about to proue contradictions in his aduersary ? it followeth consequently in the oath : and i do belieue , and in conscience am resolued , that neyther the pope , nor any person whatsoeuer , hath power to absolue me from this oath , or any part therof . these words are plaine as you see . and what will the apologer say heere ? is nothing promised in those words to be belieued , or not belieued ? this was my speach . and now see what quarrell m. barlow seeketh agaynst it . first wheras in my answer to the first question , i say , if it be granted , that the power and authority of the pope , and sea apostolicke &c. be any point belonging to religion among catholicks , then is there not only some one word , but many sentences concerning religion in the oath . what answereth m. barlow ? this epistler ( saith he ) doth impudently impugne the oath as vtterly vnlawfull , and agaynst religion , which yet dependeth vpon an if , and is not yet determined for a point of religion , that the pope hath any such authority ouer kings , as in the oath is mentioned . no syr ? not among catholiks ? ( for of them only i speake , though you leaue it out , and doe many wayes corrupt my words : ) will not they grant the popes authority in such cases to be a point belonging to their religion ? doth the word if put the matter in doubt , that when you say , if there be a god , this or that is true or false , you may be said to doubt , whether there be a god or no ? and when you say , if i be a true man , this is so , you may be thought to doubt , whether your selfe be a true man or no ? do not you see that this is playne cauelling indeed , and not disputing ? but what more ? you say that when i do affirme the popes power , i do not distinguish whether in ecclesiasticall or ciuill causes : but you know well inough that i haue often distinguished , and so do other catholicke deuines , that the popes authority is directly only ecclesiasticall and spirituall , for gouerning and directing of soules to euerlasting life ; though indirectly for conseruation of this ecclesiasticall , and spirituall end , there is annexed also temporall , in such cases , as before hath bene specified , concerning temporall princes . and so this is but a shift to say , that i doe not distinguish . as that is also another , about my answere to the second demaund of the apologer , where he demandeth whether any man that taketh the oath , doth promise to belieue , or not to belieue any one article of religion , contayned in the said oath . for answere wherunto , i did set downe sundry clauses of the said oath , wherby it seemeth plaine , that the swearer doth make such promise . now you reply with this new shift , saying , that i doe still beg the question in controuersy . so you talke to seem to say somwhat . but what is the question in controuersy ? is it not whether the swearer doth make promise to belieue , or not to belieue any article of religion , in taking the oath ? yes . and i haue proued that he doth so , by diuers examples . how then doe i beg the question , when i do euince it by proofe ? you reply , that these articles abiured , or allowed by him that takes the oath , concerning the popes authority , are not points of ●aith , but rather machiauelismes of the conclaue . but this now is rayling , and not reasoning , for that a catholike conscience houldeth the doctrine of the popes supremacy , and all poynts belonging therunto , for matters appertayning to fayth & catholicisme , and not to machiauelisme , which machiauelisme agreeth much more fitly to m. barlows assertions , that depend on the pleasures of prince & state , alteration of times , and temporall vtilities ( wherof machiauel was a great doctour , ) then to the simple positions of catholikes , who without these worldly respects , do playnly and sincerely imbrace and belieue , all such points of doctrine as the knowne catholike church doth deliuer vnto them , as any way appertayning to the integrity of catholike religion . heere then m. barlow being driuen from his refuge of my begging the question , layeth hand vpon another , much more ridiculous , in my opinion : for it is somewhat like the sermon of the parish priest to his parishioners , which he deuided into three parts ; the one , that he vnderstood , and not they ; the other that they vnderstood , and not he ; the third , that neither of them both vnderstood : and the third part seemeth to be our case now : for as i confesse , that i do not conceaue well , what m. barlow would say , so i haue reason to suspect that himselfe also can hardly explane his owne meaning , or at least wise , he doth it not so here , as the reader may easily vnderstand the same . his words are these : this censurer is an absurd dispu●●nt , still to beg the question , as if these articles abiured or allowed were points of ●aith &c. this you haue heard answered now : there followeth the other member : or as if ( saith he ) beliefe were vsed euery where ●heologically , and that a christians beliefe should alwayes be taken for his christian beliefe : ●or there is a naturall beliefe , the obiects wherof are naturall and ciuill things , such as in this oath &c. so he . and did not i tell you , that you should haue mysteries ? a christians beliefe , is not alwayes a christian beliefe , but a naturall beliefe ; the good man would haue holpen himself , with the school-mens distinction , of fides diuina & fides ●umana , diuine & humane fayth , if he could haue hit vpō it , but yet wholy from the purpose if he had found it out : nay quite contrary to himselfe . for i would aske , what fayth or beliefe , diuine or humane , christian or naturall● did the apologer meane in his demaund ? whether he that taketh the oath , do promise to belieue , or not to belieue , any article of religion ? did not he meane diuine fayth , or theologicall beliefe ? it cannot be denied : for that the obiect being articles of religion , as heere is sayd , which are not belieued but by diuine fayth , as they are such ; it followeth , that in this question , the apologer ma●e his demaund of christian beliefe , and not only of a christians beliefe , yea of theologicall beliefe , and not of naturall beliefe , that is to say of humane beliefe : & so conforme to this his qu●stion were the clauses of my answere , i do truly and s●●cerely acknowledge , professe , testify , and declare in my conscience &c. and againe , i do further sweare , that i do from my hart abhorre , dete●t , and abiure , as impious doctrine &c. and yet further , i do belieue , and am in conscience resolued &c. and is not all this beliefe in conscience , out of conscience , and for conscience , and of things belonging to catholike religion , to be vnderstood of christian and theologicall beliefe , but naturall only ? who would write so absurdly , but m. barlow , who seemeth not to vnderstand what he writeth ? and that this may be better vnderstood , i am mynded to say a word or two more of this matter . he maketh a distinction heere as you see , betweene naturall , and theologicall beliefe , adding for his reason , that the obiects of naturall fayth , are naturall and ciuill things , and that such are the articles contained in the oath , ayming as before hath bene said , at the distinction of diuine and humane faith . but he is grosly deceaued , in that he distinguisheth these two faiths , or beliefes , by their materyall obiects , and things belieued , contrary to the generall consent of all philosophers and deuines , who do hould , that o●●es actus specificantur ab obiectis formalibus , that all acts are specified by their formall obiects , and not by their materyall , which may be the same in acts of different nature , and consequently cannot distinguish them : and so in our present purpose , these two faiths or beliefes are not distinguished , for that the one hath naturall and ciuill things for her obiects , and the other supernaturall . for that as well humane , and naturall faith , may both haue naturall , and supernaturall thinges for her obiects , as also dyuine and theologicall faith may haue the same . as for example , when a man belieueth that there is a citty called constantinople , for that many men do report it : and when a pagan belieueth that there is a god , for that some learned philosopher hath tould him so , to whom he giueth credit ; heere both naturall , and supernaturall things are obiects of humane , and naturall fayth . and so on the contrary side , if a man should belieue naturall , and ciuill things as reuealed by god in his scriptures , or otherwise ; as that cayn killed his brother ; matth●salem lyued so long , and the like ; these things should be obiects of thologicall and diuine fayth , as well as if they were in themselues supernaturall . wherfore these two faithes and beliefes , are not distinguished by their materiall obiects , be they either naturall or supernaturall , but by their formal obiects or motiues ; non per res creditas , sed per rationes credendi , as scholemen say , not by the things that are beleiued , but by the motiues and causes , for which they are belieued : so as whatsoeuer is belieued vpon any humane motiue or authority , though in it self it be supernaturall , appertayneth to humane fayth , and not dyuine ; so likwise on the contrary side , whatsoeuer is beleiued vpon diuine motiues and authoritie , and as reuealed from god , though in it self , it be naturall , and cyuill , as m. barlow calleth it : yet doth it appertaine to theologicall and diuine fayth , as an obiect thereof . but these things it is like m. barlow hath no commodity to study , and therefore i would easily pardon him these rude and grosse escapes , if he did not shew himself so insolent in vaunting , as he doth , and so con●umelious against others that know more then himself . vvhether princes have ivst cavse to feare mvrthering by the commandement of popes . and in discussing of the particuler example produced by the apologer , concerning the fame , great fraud and malice is discouered in m. barlowes falsifying of authors &c. chap. iii. in the page . of my letter , i do handle a certaine speach of cardinal bellarmine in his letter to the archpriest , wherin he saith , that neither his maiestie of england , nor any prince else hath cause to feare violence from the pope , for that it was neuer heard o● from the churches infancy , vn●il this day , that any pope did command , that any prince , though an hereticke , though an ethnicke , though a persecutor , should be murthered , or did allow of the murther , when it was done by another . thus the cardinall . against which was obiected , that popes had depriued diuers princes , and had raysed great warres against others , and that in warre was contayned the casualty of killing in like manner . but this was answered , that the question was of murthering . now what reply thinke you maketh m. barlow ? first he bringeth in a long idle discourse to shew that according to homer , and other poets , & politicke historians , princes ought to go alwayes armed , and vigilant for their safety ; and then he maketh this demaund : what difference is there betweene personal murthering of princes , & raysing war against them , the lot wherof is common and vnpartiall ? thirdly he bringeth in my answer as saying , that though the pope hath waged warre against princes : yet he neuer caused any to be vnlaw●ully murthered . wherin , saith he the aduerbe is worth the obseruing , secretly implying , that the pope hath commanded , or may command princes to be murthered , but not vnlawfully . wherin he sheweth himselfe to be a meere calumniator : for that i speaking diuers times of this matter , did neuer ioyne the aduerbe vnlawfully with the word murthered ; but in one place only i sayd thus : that albeit popes vpon iust causes , haue waged warrs against diuers princes , yet they neuer caused any to be vnlawfully made away , murthered , or allowed of their murthers committed by others . where you see the aduerbe vnlawfully is not ioyned with the word murthered , but with the wordes made away . and the like corruption of my wordes , and peruerting my sense , he vseth afterward in the same page , with intolerable iniquity , making me to say that which was farre from my meaning , concerning the warres betwene popes and princes ; and it is his generall fashion , neuer commonly to recite my wordes with sincerity . but he goeth forward to proue , that popes do command murthers of princes , saying : vvere there no example of fact extant against the popes in this kind : yet they may command princes to be killed , is bellarmines owne doctrine , both symbolical as the spirit may command the flesh to ●asting and chastisement , yea euen 〈◊〉 death it selfe , i● the spirit s●e it necessary : and positiue also , for that christians may not suffer an infidell or hereticall king to raigne ouer them . so he . and out of these two arguments doth proue that popes do , or may command princes to be murthered . but who doth not see the folly of these arguments , which can moue nothing but laughter , or stomacke ? for albeit b●llarmine do teach that the spirit in a man may punish the flesh by fasting and chastisement , where it is necessary for the souls health ( and i could wi●h that m. barlow had some of this spirit : ) yet may he not kil him selfe , or punish his body vnto death , as m. barlow falsifyeth him , but cum detrimento aliquo , & debilitatione ipsius corporis , though it be with some losse and weaknes of the said body . true it is , that in another case of martyrdome , bellarmine teacheth that the spirit may command the flesh to yield it selfe vp to the persecutour , for defence of christian fayth : but this is not our questiō . so as in this first point m. barlow is foūd to falsify : & in the second , to make a foolish consequēce , that for so much as christian men may not tolerate in some cases an infidell prince &c. therfore they must murther him ; as though there were no other remedy but murther : these are odious inferences , fit for such a spirit as m. barlowes , who notwithstanding meaneth not to murther himselfe by the seuerity of bellarmines doctrine , whom he falsely affirmeth to teach , that the spirit may subdue the flesh , by fasting and other chastisements , yea euen vnto death , nor yet to debilitate his body therby , according to cardinall bellarmines true doctrine . another argument of the popes murthers is made to be , for that he is said to haue cōmanded the body of henry the . emperour of that name , that died excōmunicated in liege vpon the yeare . to be taken out againe of his sepulcher , and thereof he inferreth , that if the pope would vse such rage against a dead body , much more against alyue . but this argumēt houldeth no more , though the matter were true , as heere it is alledged , then the former , for that many things are done against princes bodies when they are dead , which would not be attempted in their life tyme. who will not confesse this to be true ? but let vs leaue the consequent , & consider the antecedēt : two things are auouched by the apologer pag. . first , that the pope ( which was then paschal is the second ) was enraged at the yong emperour henry the fi●th , for giuing buryall to his fathers body , when it was dead , in the citty of leodium or leige . the second was , that the pope had stirred vp the said sonne emperour against his father . and for both these points were cited in the margent as wittnesses , platina and cuspinian in their histories . to which i answered in my letter , that platina had no such matter , & that cuspinian had the contrary , to wit , that when henry the father was dead and buried in a monastery at leige , his sonne would not make peace with the bishop of that place , called otbert , except the dead body were pulled out of the graue againe , as it was , and so remayned for fiue yeares . this i answered to the first point , about the exhumation of the body , by the enraged sonne against his father , for taking armes against him againe , after that with common consent he had resigned the empire vnto him : and for more proofe of this , i cited two authors more , to wit , nauclerus and crantzius in their histories , that affirme the same . to this now m. barlow in his replie , sayth first neuer a word vnto the silence of platina , nor to the testimonies of nauclerus & crantzius , but passeth slyly to proue another matter , that we deny not , to wit , that the bodie of the elder henry was taken out of the graue againe at leige , after it was buryed , but by whome or whose commaundemēt eyther of the pope paschalis , then liuing , or of his sonne henry , that lay neere by with an army , that he proueth not , which is the only point he should haue proued , to wit , that by order of the pope the dead corps had bin tak●n out of the graue . i haue for the cōtrary besides the authors before alledged , the manyfest authority of vrspergensis who liued and wrote in that tyme , and might be present perhaps at t●e fact , relating the matter how after that the death of henry the . was knowne to his sonne & to all the bishops , and archbishops that were there with him , and that notwithstanding he dyed excommunicate , his body was buryed by the b. of leige , that had followed also his part ; the said yong emperour , and bishops would not admit the said bishop of leige vnto their communion ( though he most earnestly offered himself ) but with condition that he should both doe pennance , and besides that , take out of the sepulcher agayne the buried bodie of the said emperour , which contrary to the canons of the church he had buryed the day before : his words are these : leod●ensis autem episcopus &c. but the b. of leige , and other bishops who had followed the part of henry the . were receiued into communion to doe pennance with this condition , that they should take forth of the graue the dead corpes of the said excommunicate henry , which they had buryed in a monastery the day before . so he . and the same word pridie , the day before , hath not only vrspergensis , but also nauclerus , which doth euidently conuince , that this exhumation could not be commaunded by the pope paschalis , that liued at rome , and could not be aduertised of the death of the emperour henry , and of his buriall so soone ; and much lesse giue order for his taking vp againe within the compasse of . or . dayes , if there were so many betweene his death , and his buriall . to this i do add the manifest and perspicuous testimony of huldericus mutius in the . booke of his germane chronicle , who speaking of the admitting to fauour of the foresaid bishop of leige and his people , sayth : leodienses noluit recipere , nisi e●●ossum genitoris sui cadauer abijcerent in locum quempiam vbi solent mortua pecora loca●i . henry the yonger would not receaue into grace those of leige , except they would cast out the dead body of his father , into some place where dead beasts are wont to be cast : and this not so much for religion , sayth the same author , as for deepe ●atred , that he had conceaued against his said father . by all which is seene , that not the pope , but the yong emperour , and the bishops & archbishops , that were with him , hauing stood against the old emperour , and his followers , and excommunicated the same , were the cause why the body was taken vp agayne . but now let vs see how m. barlow doth seeke to establish the contrary , to wit , that he was digged out of his graue by commandment of the pope , for in this he laboureth much , and alleageth for shew therof , some . or . authorities of different authors , calling them a cloud of witnesses . for digging vp , saith he , the dead body out of his graue , that is compassed with a whole cloud of witnesses . but if in all this cloud , we find nothing in manner , but clouted fraud●s , and that no one of them hath passed his hands without corruption , then may you cal it a blacke cloud indeed . first then let vs examine the two authors already alleadged for our cause , to wit vrspergensis and nauclerus , cyted here in his margent , for that he will haue thē to proue the quite cōtrary of that , for which i produced thē before . and as for vrspergensis , he citeth his words thus : the bishop of leige with other of his sort were receiued into the communion of the church ( who cast them out but the pope ? ) vpon condition they would dig out of the graue the corps of the emperour , which he had before buried in the monastery . so he relateth the words of vr●ergensis in a different letter , as though they were punctually his , which indeed they are not , but accommodated by m. barlow , with some paring and mincing to his purpose . for wheras vrspergensis saith , that the bishop of leige , and his fellow bishops inter caetera recipiuntur in commu●●nem poenitentiae , were receaued among other conditions , to the communion of pennance , m. barlow thought good to leaue out the word pennance : as also , where he sayth cadauer i●siu● excommunicati , the dead corps of the excommunicate emperour , which did yield the reason of their digging vp , m. barlow left out also the word excommunicate . but of much more moment was his leauing out the word pridie , when he saith the body of the excommunicate emperour buried by him the day before in the monastery should be digged vp , for by that he striketh of the head of the strongest argument that is against him , as be●ore we haue shewed . for if the emperour were buried but one day before his exhumation was commanded , then could not that commandment come from the pope , but m●st needs come from the emperour & bishops there present . heere then is found fraud in m. barlow his allegation ; and to publish the same more , he would needes vse the word before bvried in great letters , as though they had well expressed pridie tumulatum , buried the day before . but heere perhaps some will demaund , suppose this narration of v●spergensis were graunted to be true , as m. barlow setteth it downe , how doth it proue that the pope commanded the exhumation ? whereunto he answereth heere by a certayne demaund , in a parenthesis , vvho cast them out ( to wit those of liege ) but the pope ? wherunto i answere that the bishops and archbishops that were with the new emperour , had excommunicated them long before , and the emperour himselfe had giuen out against them the imperiall band , which is a ciuill excommunication : which besides that it is euident by the testifications of histories , is made cleere also by that they receaued them into communion , presently vpon the death of the old emperour , without imparting the matter to the pope , which they would not haue done , if the excōmunication had not come from themselues : for that no man can take away , that which he could not impose . and so here is nothing proued against the pope , but a great good will to calumniate him . the like fraud is committed in the allegation of the other authour naucle●us , who , saith m. barlow , relateth verbatim both the fact , and the reason of the fact , as vrspergensis doth . vvherunto i answere , that it is true , that he relateth both ; but the one and the other are peruerted by m. barlow : for thus writeth nauclerus . inopinata fama mortis im●eratoris mox subsequitur &c. the vnexpected fame of the death of the old emperour did presently ensue , which being diuulged , all those that for gayne-sake had stuck vnto him , and had sould their soules vnto him , did subiect themselues sine mora , without delay vnto the obedience of the yong emperour , and to the catholicke communion . but they of liege were receaued into the said cōmunion , with this condition , that the dead body of him that was excōmunicated , and buried the day before in a monastery , should be digged vp &c. in relating which words , we see that m. barlow left out first the censure of the author against them , that had followed the part of the old excōmunicated emperour . and secondly he leaueth out , that they were reconcyled to the new emperour , and to the catholicke communion of the bishops there present sine mora , without any stay , which inferreth that they could not send for the popes consent to rome . thirdly , he leaueth out as he did in his former author the words , per se pridie tumulatum ●ff●derent , that they of leige should dig vp againe the body , which the day before they had buryed . fourthly , he leaneth out these words that ensued , comprobātibu● his qui aderant archiepiscopis & episcopis , the archbishops and bishops that were present approuing and giuing their consents . to whome ? to the new emperour that would needs haue it so : which deliuereth the pope from hauing any part therin . and doth not m. barlow trim vp authors well that passe through his hands to make them serue his purpose ? but now you must heare the trymming of another , which is cuspinian the historiographer , whom i denied before , to affirme that pope paschalis was enraged with the new emperour henry the fifth , for burying his father , as was said in the apologie , but rather the contrary . for that when king henry the father ( said i ) was dead , and buryed in a monastery at leige , cuspinian writeth , that his sonne would not make peace with the bishop of that place , called otbert , except the dead corpes were pulled out of the graue againe : which words he sayth , that i alleadged as cuspinian his owne words . but i deny it , but only i alledged his sense , as may appeare in that i did not recite them in a different letter , as is accustomed by them that deale playnly , when the proper words of any author are alleaged , though m. barlow doth not obserue this with me , but alledgeth as my words , euery where cōmonly in a different letter , those which are not my words , nor often times my sense , but either framed of himself , or so interlaced with speaches of his owne , as that it is a quite different thing from that which i do say . let the reader examine but some few places , as they come , cōferring his booke , and my booke togeather , and he shall see , that i haue good reason to make this complaint of his perfidious dealing therein . but now to the present case . m. barlow affirmeth that the latyn words of cusp●●●●● are , filio procurante , non potuit reconciliari episcopus leodiensis , nisi exhumaretur cadauer , by the sonnes procurement the bishop of leige could not be reconciled , except the dead body were taken out of the ground againe . out of which words i did inferre , that the bishop of leige could not be reconciled to the other bishops , but vpon condition , that the body should be taken vp , and this at the procurement of the yong emperour . and for so much , as his reconciliation with the said bishops did imply also his reconciliation with the emperour , he that letted the one , letted the other , which was the yong emperour himself , who though himself would not for respectes ( the bishop being a potent man ) vtterly deny to admyt his submission ; yet did he procure the stay therof by others ( to wit , by the archbishops and bishops ) vntill he had yielded vnto the condition of taking vp the dead body , & consequētly the thing is true , which i alledged out of cuspinian that the yong emperour would not make peace with the bishop of leige except the body were taken vp ; for so much as himself was he , that had letted that reconciliation , as here appeareth , and procured also as may be supposed the great reprehension which was giuen to the said bishop and his cōpany , when they were admitted , wherof crantzius speaketh when he sayth , ad fidem regis confugiētes grauiter increpati rec●piuntur , they making their refuge to the protectiō of the emperour , they were admitted , but with a grieuous reprehensiō : & this among other causes ( no doubt ) for hauing buryed the dead body of the excōmunicate emperour . this then being the playne meaning and sense of cus●●●ian his alleaged speach , let vs see how m. barlow doth trym vp the same for his turne : the ●ords of cuspinian ( sayth he ) are playne , filio procurante , non potuit reconciliari ●piscopus leodi●●sis , nisi exh●maretur cadau●r . that is , by the sōnes procuremēt , ( at whose hands but the popes ? for what needed any procurement by himselfe to himselfe ? ) the bishop could not be reconciled ( to whom but to the pope , who had accursed both church and churchmen at liege , for burying the emperour ? ) except the dead body were taken vp againe . so m. barlow . where you may see , that in this only translation of two latyn lines , he hath inserted twice two falsities of his owne , against the authors owne sense , & meaning . the first is , that the emperour had procured the stay of the bishops reconciliation at the popes hands , which could not be for the breuity of time , and distance of places , as before hath bene shewed : nor doth it agree with the sense of cuspinian and other authors that haue the words mox , fine mora , pridie , and the like . the second is in his second interrogation , what needed any procurement by himselfe to himself ? which is a fallacy , for that a man being desirous to stay a sute , & yet not willing to take all the enuy vpon himselfe , may procure that the stay may seeme to come from others . the third fallacy is in his other demaund , to whom could not the bishop of liege be reconciled , but to the pope ? yes to the archbishops , bishops and others , out of whose communion he was cast forth before , as now hath bene shewed . the fourth vntruth is , that the pope had excōmunicated both the church and all church-men of liege , for burying of the emperour , which cannot be true , as now hath bene declared , for that in so short a space as . or . dayes , newes could not be sent to rome , and answere be returned ; and much lesse such an excommunication be sent . and albeit m. barlow for this last do cyte viterbiēsis : saying , that he liued in those very times ; yet he being an italiā , & liuing neere ●n hundred yeares after the fact , might be misinformed . and howsoeuer it be , the credit of his owne relation is not to be matched with that of so many other authors , and namely of v●spergensis , that liued at the very same time , and with the said two henryes , the father and the sonne . there remaine three other authors cyted by m. barlow , who are helmoldus in his history of sclauonia , sigoni●● in his ninth booke de regno italia , & binnius in his last edition of the councels , all which he cyteth to proue this poynt , that pope paschalis did forbid the buriall of the dead body of henry the fourth . but in all this is voluntary fraud , & m. barlow could not but know it , going about to deceaue his reader by equiuocation in the time . for albeit pope paschalis did not , nor had time to forbid the first buriall , after the emperour was d●ad , nor yet commaunded the taking vp therof againe , as now by many witnesses , and other arguments hath bene proued : yet the said body being once taken vp , and carried to spire , and there placed in the chappell of s. asra , in sarcophago lapideo saith cuspinian , in a tombe of stone , where it remayned fiue yeares , before it was buryed solemnely in the church of our lady : in this time ( i say ) the pope informed perhaps of more of his enormityes of life , & not to seeme to condemne the fact of so many archbishops , and bishops , who had excommunicated him , as among others , dodechinus abbas that liued presently after the fact doth testify , and to the terrour of others that should liue , and dye out of the church in excommunication : for these and other reasons ( i say ) pope paschalis seing the body placed already in a sacred chappel , was not easily moued for some time , to haue the same solemnly and publikely buryed ; though at length his sonne in respect of his honour , desired and demaunded the same . but what is this to proue our chiefe question , whether the said pope did forbid the first buriall , or commanded him to be digged vp againe , when he was buryed ? where is the cloud of vvitnesses that should proue this ? no one of these three last alleaged doth auerre it , no not as m. barlow corruptly alleadgeth their words . for out of helmodus he cyteth them thus : tanta seueritate dominus papa in ipsum vl●us est , vt humari non sineret : the pope did pursue him with such seuerity , as being dead he suffered him not to be buryed : which could not be at the first buriall , and consequently must be vnderstood of the subs●quent time , when he lay in the chappell of s. afra . i pretermit the sleight of m. barlow heere , laying all vpon the pope alone , wheras the author saith , papa & 〈◊〉 ad●ersary ciu● , the pope and other of his aduersaryes did pursue him , & speaketh still in the plurall nūber . sigenius also speaketh to the very same effect , that the emperours body lay vnburyed for fiue yeares , in a certaine de●art cell of a church , pontifice id sepeliri vetante , the pope prohibiting the same to be buryed : which must needs be vnderstood in like māner of the time ensuing , after the first taking vp of the body . and finally binnius maketh no more to his purpose then the other , but sayth the same thing , though he haue taken more paines in corrupting him then the rest . for thus ●e relateth him to say : the emperours body being put into the earth , hortatu papa , by the popes perswasion it ●a● digged out againe , and remayned alo●e ground fiue yeares . and heere you will find a notable patching , to make vp a sense without a verbe , and therby seeme to say somewhat , but flying the true words , and contexture indeed , as they lye in the author , which are these : c●m hortatu papae defuncti & excommunicati cadau●r exhumatum quinque annis insepultum reliquisset anno domini . romani pety● &c. wheras henry the fifth by perswasion of the pope had left the dead body of the excōmunicate emperor , taken out of the graue , vnburied for fiue yeares , he went vpō the yeare . to rome &c. by which words we see , that the popes perswasiō was not to haue the dead corps digged vp againe , but forsomuch as his father died in excōmunication , & that his body was now taken vp , he should leaue the same vnburyed ( according to the canons , for terrour of others ) and not that he perswaded it to be taken vp , as it was in leige : or this was not possible , as before hath bene shewed . and why now had not m. barlow recited the whole sentence , as it lay in binniu● ? why should he vse such nipping & paring in his allegations , but that iuglers must not be seene in all their knacks ? if his cause were good , he would not need these shifts . and by this also we may discouer the foundation of a great many of other impertinent discourses , and assertions which m. ba●low maketh in this place , both out of viterbiensis and baronius , to proue that the sonne emperour was ●ory to haue his father lye vnburyed , and therfore he alleadgeth out of viterbiensis : filius ossa patris doluit fore c●● sceleratis , it grieued the sonne , that his father should lye amongst wicked men . baronius is also alleaged to affirme out of petrus diaconus ( not paulus , as m. barlow erroneously , or ignorantly doth name him , for that petrus , & paulus diaconus , were different authors , and liued long one after another : ) baronius , i say , is affirmed to relate out of the said petrus , that amongst other points in a certaine consultatiō , betweene the popes commissioners , and the emperours , neere vnto rome in the yeare . it was demaunded by the emperour , that his fathers dead body might be interred , and that the pope denyed the same . but neyther of these points do make against vs , nor in fauour of m. barlow his assertion , for that we deny not , but that pope paschalis , for the reasons before touched , was , after some time that the body had bene taken vp and placed in the chappell of s. afra in spire , vnwilling to yield to the sollemne , and sumptuous reburyall therof , the man dying excommunicate , and out of the church , and the memory of his many violent actions against the church , being yet fresh in all mens minds . but what proueth this to our principall controuersie , whether the pope did prohibite his first buryall , and commanded his disinterring in leige● do you not see how m. barlow fighteth in the ayre with the wind , and runneth from the purpose in euery thing he taketh in hand , and yet braggeth of a cloud of witnesses ? but i hope i haue cleered the ayre , and dispersed all these smoky clouds . but it is worth the considering how besides this deuiation , he vseth both baronius , and petrus diaconus , in relating out of their testimonies pope paschalis his answere to the yong emperors cōmissioners when they proposed the matter , of the solemne burying of his father some foure yeares after his body had bene taken vp in leige , by the said sonnes commandement . m. barlow relateth the matter ironic● thus . the pope yielded presently to the demaund , with a strong negatiue , and tells him , it may not be , and giues him his reason , for that he had receiued a terrible iniunction from the martyrs deceased , and in those places shrined , that he should suffer no wicked persons to be buryed within their church , for they would not indure it . and all this relateth m. barlow in a different letter as if they were the very words of the author , and diuers clauses he setteth out in great letters , which cōmonly are great lies , and not found in the author . i shall set downe the true words as they stand in baronius , taken out of petrus diaconus . ad hoc respondit paschalis &c. to this demaund of the emperour , about the buryall of his father . pope paschalis answered : the authority of holy scripture is against this , and the reuerence we beare to diuine miracles doth forbid the same , for that martyrs themselues now placed in heauen haue dreadfully cōmanded , that the carcasses of haynous wicked men should be cast out of their chappell 's , and with whom we haue not had communion in their liues , we may not communicate when they are dead . these are the words of paschalis verbatim , which m. barlow hath trymmed to his purpose , as you see . for if he had set them downe sincerely as he found them in the authour , they would not haue appeared so ridiculous , as he desired they should appeare , and therefore spiced them after his owne fashion . for first the pope beginneth not , with that strong negatiue , it may not be , set downe in great letters , but only sayth , that the authority of holy scriptures was against it , alledging , as may be presumed , to th●se places of scriptures , wherin separation is willed to be made , betweene the good and the bad , the wicked and godly , especially such are curst out of the church for their contempt , and dyed in the same contempt , according to that saying of our sauiour , si ●cclesiam non audierit , sit tibi tamquam ●thnicus & pu●licanus : if he heare not the church , let him be vnto thee as an heathen , and publican . and we may see by the diligence of tobie , and other holy men , how carefull they were least the bodies of the faithfull people , should be mingled with gentils , which s. augustine , and other fathers do much commend , and for auoyding wherof euen from the beginning of christianity , places of speciall buriall for christians were prouided , as appeareth by s. dionysius areopagita in the end of his ecclesiasticall hierarchie , which places afterward were named in greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , c●emeteria , that is to say dormitories or sleeping places : for that christians deaths are accompted but for sleepes , appeareth by the apostle . and the holy martyr s. cyprian , and others after him do often make mention of these cemeteries , or burials of christians : and among other thinges , the foresaid s. cyprian writing an epistle to the clergy , and people of a certaine church in spaine against one martialis , that had committed idolatry , he accuseth him among other poynts ; quod filus apud profana sepulchra depositos , & alienigenis consepultos permisisset : that he had suffered his children to be depositated in prophane sepulchers , and to be buried with such as were externes , & not of the same church and communion . this was the care at that time , but much more afterward did the church by speciall prouision of ecclesiasticall canōs , ordayne that infidels , hereticks , schismaticks , and excommunicated persons , should not be buried togeather in sacred buriall , as well for the instruction and terror of such sortes of men , as also for the reason alleaged heere by the pope , that with whome we haue had no communion in life , we should not communicate after death : which reason m. barlow in his playne dealing thought good to leaue out , as also the mention of the authority of holy scripture , named by the pope , and the reuerence due to diuine miracles . there remayneth then the chiefe iest , brought in by m. barlow , of the terrible iniunction , which the pope said he had receaued from the martyrs deceased and shrined in those places , that he should suffer no wicked persons , within their churches , for they would not indure ●t . in which few lines cōsider i beseech you how many corruptions there be , and confesse that m. barlow is a craftes man indeed . first the author doth not say that the pope himself had receiued this terrible iniunction frō the martyrs shryned in those places , as m. barlow doth , but only that martyrs now in heauen had so commaunded , but by what reuelation , or to whome , or when , he sayth not : so as it might be many yeares before , and in far different places that the apparitions had bene made . for that martyrs haue often tymes appeared to good men , and reueiled somewhat touching their owne or other mens bodies , is euident by all ecclesiasticall histories , wherof we haue example of the saints geruasius and protasius , in s. ambrose , s. augustine , and others : and of the apparition of s. fa●stinus martyr in brixia , commaunding the remouall frō thence of the body of valerianus patricius , whereof s. gregory wryteth , as also of other examples to the like effect in the ensuing chapters . secondly he doth not say , that the martyrs commaunded to suffer no wicked persons to be buried within their churches , for that were hard , that no sort of euill men should be admitted to buriall within saints churches : but the apparitions must be presumed to haue bene at certayn particuler places , vpon particuler occasions , where the said martyrs willed , vt sceleratorum corpora de suis basilicis ei●cerentur , that the bodyes of certayn heynous wicked men , such as infidells , hereticks , excommunicated persons are , should be cast out of their chappels . why doth m. barlow confine the matter to these martyrs , that were deceased & shrined in those places of germany , where the emperours body lay ? hath he a generall licence , to take away or adde what he listeth to his authors words ? and finally those last words , that they would not indure it , written in great letters , where doth he find them ? and if he find them not , who gaue him leaue to add them , and crowne his owne inuention with capitall letters ? is there no law of truth or sincerity ? is it lawfull for euery man to deuise , add , alter , cut of , or disguise what he wil without controlment ? is this the liberty of ghospellers ? there haue bene now alleadged by him about this point some eight seueral authors , cuspinian , helmodus , vrspergensis , nauclerus , sigonim , binnius , baronius , and petrus diaconus , and euery one hath receaued his cut . will euer catholicke writer be found that dealeth so with authors ? and so much of this point . then followeth the other , whether the pope did stir vp the emperours sonne , that is henry the . against his father . and first i sayd that it could not be verified of pope hildebrand , called gregory the seauenth , for that the rebellion of the sonne succeded after gregories death , and the report also was , that gregory the . before his death had absolued the same emperour henry the fourth . and this i alleadged out of the apologers owne author cuspinian : and moreouer i shewed that the said cuspinian affirmed , that the rising of the sonne against his father , was by the perswasion of the marques theobald , and of ber●ngarius count of noricum , now called st●ria , and of otho which was neere a kinne vnto him by his mothers side : and for confirmation of this , i alleadged foure other historiographers besides , to wit vrspergensis , nauclerus , crantzius , and sigonius . to all which authorities m. barlow replyeth neuer a word in this his answer : yet to the former point wherin i said , that the report was , that gregory the . did before his death absolue the emperour , he answereth thus . first this is written but for a report , then which there is nothing more vncertaine , saith the orator . but yet what followes h●erof , therfore the pope stirred not vp the sonne against the father ? a weake consequent . whereto i answere that the consequent is good , and strong to proue , that pope gregory the . of whome i spake , did not stir vp the sonne against the father , if he absolued him , especially if you ioyne this with the other alledged by me , that he tooke not armes against the father , till after the said popes death . and as for the other popes that followed , victor , vrbanus , and pas●halis , vnder whome the rising of the sonne against his father was ; and vnder whome the said henry the . died almost twenty yeares after the death of gregory the seauenth , the testimonies now alleadged of those other three noble men that stirred the said sonne against the father , do sufficiently deliuer the sequ●nt popes from that calumniatiō of setting him on ; albeit it is not denied , but that diuers yeares after , when that all the states of germany did generally so much mislike the life & gouernment of henry the fourth , as by common consent and counsaile they determined that it was conuenient , and necessary for the good of christēdome , that he should giue ouer his gouernment to his said sonne henry the . paschalis the second of that name pope , being informed by the said states , of the said necessity , and that christendome otherwise could not be quieted , nor infinite miseries , calamities and abuses remedied , he concurred with them , with his consent and approbation , though himselfe were at rome . and the diet or meeting of the states was held at mentz , from which parlament were sent , in the name of the pope , and all the rest , three archbishops , to wit , of mentz , cullen , and vvormes , all princes of the empire , to take from him , that was prisoner in a little castell neere vnto that place , all the imperiall ornaments , and ensignes belonging to that state , and to deliuer them ouer to his sonne henry ; and so was it done . and what more orderly proceeding could there be then this , in an act of such quality ? m. barlow maketh it a hainous point , against the pope for dealing in the matter ; and bringeth in the testimonies both of sigonius & genebrard , to aggrauate the same ; but both of them ( as alwaies ) somwhat corrupted : for albeit he do alleadge these words of sigonius truly , which were spoken by the fores●id t●ree embassadors vnto henry the . pon●●fici principibusque germaniae placuit &c. it hath seemed good to the pope , and to the princes of germany , that thou be depriued : yet doth he craftily leaue out the reasons yielded of the said deposition by the embassadors , to wit , quia tu deterrimo dissidio multos iam annos dei ecclesiam lacerasti &c. for that thou hast rent the church of god many yeares by most wicked breach of discord , and for that thou hast put to sale both bishoprickes , abbeys , and all other ecclesiasticall dignities ; and that thou hast broken all lawfull order in choosing of bishops &c. and that m. barlow may not except against the testimony of these embassadours because they were then in actuall opposition against him , their sentence in this behalfe may be confirmed by one who was not the popes friend , but of great authority , as i suppose with m. barlow , to wit iohn caluyn himself , who in his . booke of institutions sayth thus : henricus imperator eius nominis quartus , 〈◊〉 leuis & temerarius &c. henry the . emperour of that name an vnconstant and rash man , of no wit , very audacious , and of dissolute life , had the bishopricks of all germany exposed in his court , partly to sale , and partly to pillage . and a litle after : erat henricus &c. this henry for his very insolent manner of gouernement was odious to the most part of the princes . so he . but not to depart from sigonius , of whose testimony we now specially treat , he that shall read what he relateth of him out of helmodus and dodec●i●●● touching the horrible abuse done to the empresse his wife called adelis , by his commandement , will be ashamed if he haue any shame in him , to praise and commend a man of so monstrous iniquity , as i for my part do for meere shame forbeare to expresse the thing . and besides that , his other excesses were so enormous in the eies of all disapassionate men , as he of all others may least seeme worthy to be produced for an example , of such as haue susteined wrong at the hands of the pope , in regard that all the courses held against him , both by popes and princes , may in respect of his outragious demerits seeme to haue bene very myld , moderate , and gentle . and so much for sigonius . the other wordes of genebrard also are cited with diminution , by saying that genebrard commeth not short of sigonius , who saith , that this was done ( to wit the deposition ) iussu paschalis pontifi●is , by the commandement of pas●halis the pope , leauing out the next words , & principum qui ad generalia comitia conuenerant ; and of the princes of germany that met in that vniuersall diet or parliament at mentz : so as euery thing is heere minced to the purpose , & scarce any thing set down sincerely & simply throughout the whole booke . and as for the principall point , that m. barlow would and should proue in this place , that pope paschal●● did set on the sonne against his father ; now you haue seene , that those his two authorities alleaged of sigonius , and genebrard , that he concurred with the generall diet in germany , do proue it nothing at all , for that the election of the emperour by seauen german electors , hauing bene appointed by the sea apostolike not much aboue an hundred yeares before that time , to wit , by gregory the . that crowned otho the . and annexed the imperiall dignity to the germane nation , pope paschalis hauing by this meanes , besides all other , so great right to haue a hand in this matter , for the good of christendome , cannot be said to haue stirred vp the sonne to rebellion , when he concurred with the whole state of germany for the translation of the crowne , from the father to the sonne . nor whē the said sonne took armes against him afterwardes , doth any probable author ascribe it to the pope , but expresly vnto others , and namely to the three noble men before mentioned out of cuspinian ? vnto which three noble men in like manner vrspergensis , that was present , & saw what passed , doth ascribe the said rebelliō vpon the yeare . without euer mentioning the pope , against whome notwithstanding the said vrspergensis as one that followed the part of henry the fourth vseth no fauour at all in his relations , and consequently may be a witnes without exception , as also may be huldericus mutius , a protestant german ●riter , whose wordes are : henricus filius quorumdam consilijs seductus , aduersus patrem moli●ur res nouas : henry the sonne being seduced by the counsailes of certaine men , did attempt new thinges against his father : and in all his narration he toucheth not the pope , ascribing any part therin vnto him . and this shall be sufficient for this matter . and as for the other point that he toucheth out of cuspinian and sigebertus , that pope gregory the . did acknowledge at his death , that he had molested henry the . vniustly , and was sory for the same , besides that it maketh nothing to our purpose for stirring vp the sōne against the father , which hapned almost . yeares after gregories death , none of th● doth alledge it as a thing certaine , but as a report , which m. barlow a little before proued out of the orator to be vncertaine : besides that they do not agree in the narration in diuers points : & finally for the most of them , they are plainly contradicted by a multitude of witnesses , which you may read layd togeather , both by doctor sanders in his monarchie , and cardinall bellarmine in his . booke de rom. pontifice . and so i shall need to say no more in this matter . abovt the death of henry the third king of france : whether it may be an example of the popes allowance of such murt●ers ? as also about the late queene of england . §. ii. for another example and proofe , that popes are wont to allow murthers of princes is brought in a certayne oration which pope sixtus quintus is sayd to haue made in the consistory with admiration and praise of that fact , and that the fryar which committed the murther , should haue beene canonized for the fact , if some cardinalls out of their wisdome had not resisted the same : whereunto was answered both by me first , and afterward by cardinall bellarmine , that no such oration was euer extant in rome , or els where , but onely amongst the protestants in forrain countreys , that wrote against it in their declamatory inuectiue , intituled anti sixtus , who in this against the pope deserues smal credit . onely it is acknowledged that sixtus in a secret consistory vpon the first news of the fact , did vtter a certayn speach in admiration of the strange prouidence of almighty god ( said i ) in chastising by so vnexpected a way , so ●oule and impious a murther , as that king had committed vpon a prince , & cardinall archbishop ( & those two also of nearest bloud to his maiesty of england ) without any forme of iudgment at all , & that a spectacle hereby of gods iustice was proposed vnto princes to be moderate in their power and passions , for that in the midst of his great & royal army , and corporall guards , he was strangely slaine by a simple vnarmed man , when he nothing lesse expected , or feared , then such a disasterous death . to this now m. barlow replies with great excesse of railing against the pope , saying , that the oration was made , & that the pope therin was like yong elihu whose words boyled within him for ioy of the fact , like new wine in a bottle , & with open mouth , & stretched sydes & glorious tearmes he did hyperbolize both the author , manner and fact , and that this oration was like to haue rec●aued in that consistory an herods plaudite in deifying the pope , & canonizing the fryar &c. all which as it hath no other proofe but the assertion of m. barlowes wild and vnruly tongue , so is it easily contemned by any man of discretion , especially since there be so many graue men , cardinal● and bishops yet aliue that can testify of the matter , and gentlemen that were at rome also at that tyme , and neuer saw or heard that euer any such oration of pope sixtus quintus was extant , or made by him in allowance , or approbation of that horrible fact of the fryar , though otherwise as i sayd , he did highly admire the strāge prouidence of god in chastising by so vnexpected a way , so foule and impiou● a murther , as that king had committed against all order of law and iustice . secondly then hauing nothing in effect to say to this ; yet for that he is bound to say something for his fee allready receiued , he thought best to carpe at those wordes of m●ne , that pope sixtus did highly admire the strange prouidence of god in his vnexpected iustice vpō the sayd king ; and so iesting at my words of strange prouidence , he saith , a fit epithete doub●les , and fetched from profound 〈◊〉 : for can gods prouidence be strange , which in the vniuersall gouerment of the world , and guidance with protection of particuler creatures , i● daily and continuall ? well then here m. barlow will needs shew the profundity of his diunity , and the shallownes of his aduersary . and in very deed he vttereth diuers profundityes , which are so deepe , as i thinke that the reader will say , when he hath considered of them that himselfe vnderstood them not , when he set them downe , and much lesse that he can iustify them in the readers vnderstanding . i shall touch some of them in order . the first profundity that he vttereth , is in his first question or demand , which now yow haue heard , to wit : can gods prouidence be strange which is daily and continuall ? as though it could not . and in this demand two positions are contained if yow marke the matter , and both of them false : the first , that the prouidence of god in those effectes , which are daly and continuall , can not be strange and admirable : the second , that this euent whereof we intreat to wit , of the king of france his vnexpected chastisement from god , is daily and continuall . and who will not laugh at these two profundityes of m. barlowes diuinity , neither of them being iustifyable in the eyes of any man of meane capacity ? as for the first , i remit him to s. augustine his learned discourse vpon the miracle of our sauiour in s. iohns ghospell , when he did feed fiue thousand men with two barley-loaues : vpon which place the sayd learned father maketh a notable discourse to proue the quite contrary of m. barlowes assertion , to wit , that many things of gods prouidence , and heauenly power that fall out daily and continually , are as strange and admirable ( mira stupenda ) in themselues , as other things that fall out seldome , and by their seldom euents doe seeme more strange ; and he guieth an example of the daily gouernmēt of the whole world , the course and continance of the starres , the multiplying of graines of corne in the ground , which is no lesse meruaylous then the multiplying of those two loaues to the feeding of fiue thousand people : and yet sayth s. augustine this is wondred at , and the other not wondred at , non quia maius est , sed quia rarum est , not for tha● it is a greater miracle , but for that it falleth out more seldome . so as according to s. augustine the effects of gods power and prouidence which are continuall , and fall out daily , are no lesse strange and admirable in themselues , for that they are so common : seing the strangnes therof is not to be vnderstood as m. barlow would haue it , onely for the rarenes of the euent ( for then it should seeme strange that m. barlow should speake a wise word , because he doth it so seldom ) but for some thing which is admirable in the worke it selfe , whether the same be seldome or cōmon : and this also , especially in the iudgment of wise men , as here m. barlow will seeme to be accounted : but that this first depth of his helpeth him nothing to the attayning of that good opinion . his second depth also or profundity contained in this question , which is , that this euent of king henry of france his vnexpected chastisment by so an vnimaginable means of a simple fryar , and other like circumstances , is daily and continuall , and consequently neither strange nor admirable , is such a depth , that euery shallow wit will easily discerne it to be both false and fond , and against experience it selfe . for how many such examples can m. barlow produce to haue happened in many ages togeather , & much lesse daily and continually , and therby to be neyther strange not wonderfull ? but now his third profundity standeth in another question immediatly ensuing vpon the former , which is deep indeed , and passeth all sense and vnderstanding . for is any thing strange in gods prouidence ( saith he ) which seeth things to come , as if they were present and existent ? which demaund is quite from the purpose : for our question is , whether gods prouidence in his workes & effects may be called strange and admirable in our eyes , as this of the king of france his punishment ; and not whether any thing can be strange or admirable in the eyes of god , and his eternall prouidence . ●he●e questions are as ●arre different , as are the vnderstanding of god and man , and the two poles the one from the other . but will you heare another profundity of his , in another question . can visible acts ( sayth he ) be called gods pro●●●●●● and why not syr , as they are the effects of gods prouidence , & do proceed from the same ? as when we see certaine effects of gods iustice vpon any wicked man ; we truly say it is gods iustice. and the like when we see certaine eminent works of gods mercy towards any people , countrey , or priuate person , we truly say , that it was gods mercy towards them , and so in all the rest of gods attributes , though they remayne in god , and be the selfe same thing with god : yet when they worke , and their effects be apparent , we do cōmonly call the effects by the names of the attributes themselues , that is to say , the effects of gods iustice , are called gods iustice ; the effects of his mercy , are called his mercyes ; of his wisedome , his wisdome ; of his prouidence , his prouidence ; which as it is most true , so notwithstanding my words were with more exactnes vttered , then m. barlow would seeme to take them , i saying that pope sixtus quintus did highly admire the prouidence of god , in chastising so ●oule a murther : so as i distinguished betweene the cause and the effect , and betweene gods prouidence , and the chastisement of the king proceeding from the same : wherby is preuented a certain petty florish made by m. barlow , by naming the definition of schoolemen to be , that gods prouidence is so farre forth called gods prouidence , as it remaineth in his secret counsaile : but when it sheweth it selfe in effects sensible , then is it called fatum , and not prouidentia . and for this he cyteth in the margent , aquinas , summa contra gentes , but no place at all where ( the said worke being great , and contayning foure bookes , and aboue an hundred and fourescore chapters ) the thing may be found , which is a common shift of his , when he will not be vnderstood , nor found out . but the worst of all is , that the poore man vnderstandeth not one scrap of what he hath read in s. thomas , or other schole-men concerning this matter , for they do not say , as he doth , that gods prouidence is no longer called prouidence , then it remayneth secret in gods counsaile , and that when it sheweth it selfe in sensible effects it is no more prouidence , but fatum : but thus they say , that wheras gods prouidence hath two partes in it , the one which is in the mind of almighty god to dispose of all thinges in the world , how they shall fall out ; and the second the execution of this disposition by secondary causes : this second part of gods prouidence conteyning the cōnexion & order of the secōdary causes , is called , though improperly saith s. thomas , fatum , destiny , for that in respect of gods immoucable order in his disposition , the second causes doe worke infallibly , though in producing their effects some worke necessarily , some casually , some freely . hereby then we see first , that m. barlow vnderstood not his authors , in saying that gods prouidence is so farre forth called gods prouidence only , as it remayneth in gods secret counsaile : for as saint thomas in the booke by him alleadged , saith , gods prouidence hath two partes , the one is ordinatio or ●ispositio rerum , the other is ordin●● executio per causas secundas , which second is called fatum , or destiny ; but yet is a part of prouidence , as yow see , and therby doth m. barlow erre grossely in contraposing it to prouidence , saying it is called fatum , and not prouidence , wheras fatum is a part of prouidence , as appeareth by that which hath beene said : but yet more grosly doth he erre , when he sayth that when gods prouidence doth shew it selfe in sensible effects , it is destiny & not prouidence , for that this fatum , or destiny consisteth , as it hath beene said , in the order & connexion of the second causes , before they worke their effect , & not in the sensible effects themselues , when they are now produced , and extra causas . and so by this we see in part m. barlowes profundity in schoole-diuinity . but we haue not yet done , for that he goeth forward against the pope , saying : if after the murther of the king of france , the pope had seene that some really true , not partially supposed good , had bene effectuated by the parricyde , that should he truly and only haue ascribed to gods prouidence , as ioseph applyed his being in egypt , for the reliefe of his kinred vnto gods permission , but not vnto his brethrens sale &c. and heere now we see another profundity , not so much of diuinity , as eyther of ignorance or impiety , ascribing only vnto gods prouidence things that in our eyes seeme good and profitable , wherin he impiously abridgeth gods prouidence , which is ouer all things without exception eyther dispositiuè or permissiuè , by ordayning , or by permitting : as he might haue seene in the author by him alleadged , i meane s. thomas in his question de prouidentia , not that god is the author of sinne , or of the obliquity therof , as caluin & his followers wickedly affirme , but that god doth vse euen naughty and sinfull actions oftentimes to his glory , and to the vniuersall good of his gouernment : and so he vsed the wicked action of herod , pylate , and others to the furthering of christ his sacred passion : for so it is sayd expressly in the acts of the apostles vnto god himself , that herod & pilate togeather with the gentils and iewes conspired against our sauiour , facere quae manus tua & consilium tuum decreuerunt fieri , to do those things which thy hand & counsaile haue determined to be done . to which effect many other places of scripture might be alleadged : wherby it is euident that the admiring of gods prouidence in such actions , is not an allowāce of the thing it selfe , as lawfull in the doer , for that no man will say , that the apostles did allow the actions of herod & pilate , in putting christ to death , though they do acknowledge it as we haue now seene to haue come by the particuler prouidence of almighty god : & consequently all that idle speach which is here vsed by m. barlow against pope sixtus q●intus , that he did not as king dauid did , in detesting ioab for his trayterous slaughter of abner , but would haue canonized the fryar , if some cardinals had not resisted : this speach , i say , is very idle indeed . for neuer was there any such cogitation knowne to haue bene in the pope for canonizing that man , nor did the pope euer prayse , or allow the fact , as often hath bene sayd : nor doth m. barlow know , how he would haue dealt with the sayd fryar for the same , if he had escaped death , and had bene in his power to punish him : so that all heere is spoken out of passion , and will to calumniate : much also out of errour and ignorance , as hath bene sayd , as namely , that nothing is to be ascribed to gods prouidence , but that which to vs seemeth really true , good , and not partially so supposed . so as heere a man is made iudge , what is to be ascribed to gods prouidence and what not . in which case i doe not see how the actions of herod & pilate could well be ascribed to gods prouidence , as the apostles did ascribe them . i do not see also , how m. barlow can mantaine his assertion here set downe , that the selling of ioseph into egypt by his brethren was not by gods prouidence , but only as he sayth for the reliefe of his kinred ; which the patriarch ioseph doth seeme plainly to contradict , when discouering himselfe vnto his brethren , he said : i am your brother ioseph whom you sold into egypt , be not afrayd , nor let it seeme vnto you a hard thing , that you sold me into these regions , for that god sent me before you into egypt for your safety . and more plainly in the last of genesis , where the patriarch speaking to his brethren , sayth : vos cogitas●is de me malum &c. you thought to do me hurt , but god turned it to good , to exalt me , as at this present you see , and to saue many people . and are not these words playne , that the whole action of ioseph his selling into egypt was by gods permissiue prouidence ? or will m. barlowes profound diuinity teach vs , that in the selfe same mysterious actions , one part is subiect to gods prouidence , and the other not ? the last example brought forth to proue the pops accustomed attempts for murthering princes , is that of queene ●lizabeth , late queene of england , against whose life was obiected many attemptes to haue beene made by priuity and incitation of diuers popes ; but i desired some proofes therof : whereto was answered in th●se words , for veryfication of this , there needeth no more proofe , then that neuer pope , eyther then or since called any church-man in question for medling in those treasonable conspiracyes . to which my words of answer were : and needeth there noe more syr but this ( quoth i ) to condemne both confessors and popes , for that no pope hath called into question or punished any clergy-man for such like attempts ? what if he neuer knew of any such attempt , nor beleiued , that there were any such really designed ? what if he neuer heard of any clergie man accused , except such as were put to death by the queene herselfe , and so were sufficiently punished , whether they were culpable or innocent ? to all which demands of myne m. barlow answereth with great impatience . for where i demand , and needeth there no more , syr , for proofe but this ? his answere is : there needeth no more ( cvrr ) but that . but this i ascribe to his choller . and for that he bringeth no other thing of any moment about this matter , & that i haue spoken largely els where of queene elizabeth her affaires ; i shall here pretermitt the residue of the trifles , which m. barlow for lengthening his booke bringeth in , spicing the same euery where with most virulent raylings ; as the examples of squire and parry , which so often haue beene answered by vs , the former as a meere fiction , for so much as concerned his sending from spaine into england by f. vvalpole the iesuite for poisoning the queenes chaire , and the earle of essex his saddle ; the other a deuise of his owne , to wit of parry himself , to gaine the queenes goodwill , and therby some preferment by telling her that he was sent to kill her , by some catholikes out of the land : whereas indeed he was neuer trusted by them in farre lesse matters , then in such an enterprize . but he returneth yet once ag●ine excessiuely to praise the said queene . that lady queene elizabeth , saith he , the diamond amongst princes , the glory of royall maiestie , the ioy of the christian world for her sex whilst she liued . and what will the discreet reader hould m. barlow for his sex ? truly i thinke for one of the most grosse and palpable flatterers that mankind doth containe : and as for her being the ioy of the christian world , i meruaile what christian world he can pretend to meane . for if he will confine the christian world within the protestant world , it is , god wote , but a very small part therof , and yet in this protestant world neyther was she held to be so rare a diamond , or glory of royall maiestie , nor was she such a ioy vnto them , as there is sayd , which is euident by their writings extant , especially of the lutherans that misliked her religion , & māner of proceeding , and especially her taking vpon her to be head of the church , whereat they do laugh , euen vntill this day . and the same or greater dislike was euen in the purer sort of caluinists , both at geneua the mother-church of that profession , as also throughout all france , holland , zeland , scotland , and england : so as this little protestant world held her not for such a ioy , nor yet iewell of theirs , as here by m. barlow she is described . but as for the catholike christian world , for what diamond they held her , and what ioy they tooke of her , and in her , appeareth well by their bookes which are extant , and will indure till the worlds end : so as the chiefe ground of all these excessiue and exorbitant prayses and flatteries , is no other , as far as i can see , but the volubility of this ministers tongue for the present : what it may be hereafter vpon the blast of other windes i know not , but it is like that the weather cock will turne . some examples haue we seene before of his constancy about the earle of essex , and may do also hereafter concerning queene elizabeth , if his maiestie that now reigneth shall neuer so little turne the fauour of his eyes from her actions , which of all other princes , by the iudgement of most men , he hath most cause to do , as somwhat i touched in my ●ormer letter , and now shal be inforced to repeat somwhat againe for defending my selfe , against m. barlows calumniations ; but it shal be only the conclusion of that my discourse . to conclude then ( said i ) about queen elizabeth : albeit pius quintus , & some other popes did excōmunicate her and cut her of from the body of the catholike church by ecclesiasticall censures , in regard of her persecuting catholicke religion : yet did i neuer know it hitherto proued , that any pope procured or consented to any priuate violence against her person : albeit , if the forealleadged statute of the . yeare of king henry the . be true , wherin it is determined both by the king himself , his counsel and whole parliament , and by the archbishop cranmer , with his doctors in his iudiciall seat of the arches , that lady elizabeth was not legitimate , nor that her mother was euer king henryes true wife ( which once being true , could neuer afterward by any humane power be made vntrue , or amended to the preiudice of a third , rightly by due succession interessed therin : ) & if , as the whole parlament testifyed , it should be against all honour , equity , reason , and good conscience , that the said la. elizabeth should at any tyme possesse the said crowne , then the said popes respecting in their said sentence ( as it is certayne they did ) the actuall right of the queene o● france and scotland , and of her noble issue his maiestie that now is , they might proceed , as they did , against the other , for her remouall ( whom they held for an vsurper ) in fauour of the true inheritours oppressed by her , not only by spirituall , but temporall armes also , as ag●inst a publicke malefactor and intruder , contrary to right and conscience . and i cannot see , how this fawning apologer , can eyther without open vntruth , or manifest iniury to his maiesty , auerre the contrary . which being true , doth greatly iustify the endeauours and desires of all good c●tholicke people , both at home and abroad against her , their principall meaning being euer knowne to haue bene the deliuerance , & preferment of the true heire , most wrongfully kept out , & vniustly persecuted for right ●ousnes sake . to this discourse of mine m. barlow with many bitter wordes taketh vpon him to reply this that followeth : first , that there are many more euidences to proue , that the pope is antichrist , then that queene elizabeth was illegitimate : this you see what force it hath , & how fit it is vnto this purpose , and therfore he taketh hādfast of another hould , thus : if king henry her father , b. cranmer , with his court of arches , and , body of the parlament , did sentence her for such ; yet the same father arches and parlament , vpon better ground within few yeares renounced the same sentence , and repealed that act . this now is somewhat , if m. barlow had cited the act , or parlament , or decree of bishop cranmer , or his arches , or some other particularity , how , or where it was repealed , as i did cite for the contrary of her condemnation rastals abridgments . i do find indeed in the booke of statutes that seauen yeares afterwards , to wit , anno . of henry the eight cap. p●●●o , when king henry had determined in person to go ouer and make warre in france , as in the said statute is affirmed , and after the death of so many other wyues had married the lady katherine parre widdow , hauing small hope of more issue , he made a certaine declaration of the succession , if in case himselfe and the prince edward , and lady mary should dye without lawfull issue , to wit , that for lacke of such issue the said lady elizabeth should succeed in her turne : but there is no word of her legitimation , nor of the repeale of the foresaid statute declaratory , of the inualidity of her fathers and mothers marriage . and albeit i find diuers other clauses of that statute . henry . cap. . repealed by . edward . . cap. . and primo & secundo philip. & mariae cap. . & . yet do i not find any such repeale made concerning the said illegitimation of queene elizabeth . and king henry himselfe in that parlament of the . cap. . doth professe that he had authority by parlament to giue and dispose the said imperiall crowne by his letter patent at his wil & pleasure ; which sheweth that he might if he would , appoint her to succeed in default of other issue , though she were neuer so much illegitimate ; seing all was referred to his owne appointment . but for so much as m. barlow doth make so light accompt of this sentence of parlament , as after you shall heare out of his owne contēptible words against the same , i haue thought it good briefely to repeate them heere , and therby shew the weight and moment therof . thus then they ly in the statute . and albeit , most dread soueraigne lord ( saith the parlament ) that the said acts were then made , as it was then thought by your maiesties nobles and commons , vpon a ●●re , perfect , and cleare foundation , thinking the said m●rriage then had betwene your highnes & the said lady anne in their consciences to haue bene pure , sincere , p●r●●●● and good , and so was reputed , accepted , and taken in the realme , till now of late , that god of his infinite goodnes ( from whom no secret things can be hid ) hath caused to be brought to light euident and opē knowledg , as well certaine , iust , true , and lawful impediments , vnknown at the making of the sayd acts , and fithence that tyme confessed by the sayd lady anne , before the most re●er●nd father in god thomas archbishop of cāterbury metropolitan and primate of all england , sitting iudicially for the same : by the which plainely appeareth that the said marriage betwene your grace and the said lady anne , was neuer good nor correspondent to the lawes , but vtterly void and of no effect , by reason wherof your highnes was , and is lawfully diuorced and separated from the bands of the said marriage , in the life of the sayd lady anne . and this notwithstanding most gracious and soueraigne lord , the lady elizabeth your daughter , being borne vnder the said vnlawfull marriage , by vertue and authority of the act of your succession aboue remembred , for lack of heirs-males of your body , should immediatly succeed as your lawfull hei●e in the most royall estate of your imperiall crowne of this realme , against all honor , equity , reason , and good conscience , if remedy should not be prouided for the same . this was the sentence , which is graue and weighty as yow see , for that the whole parlament affirmeth , that such impediments were discouered by gods infinite goodnesse , and con●essed by queene anne in publicke iudgment before the archbishop cranmer , sitting vpon the same matter , as by the same it was euidētly conuinced that she was neuer king henries true wife indeed , and consequently that the lady elizabeth was neuer his true and lawfull daughter . and did not this deserue , that m. barlow should haue brought forth authenticall testimony to the contrary ? for if this attestation of the parlament , king , and metropolitan were good and true , that queene anne was neuer in her life lawfull wife to king henry , then could not any future parlament , though neuer so faine it would , afterward make her legitimate , or lawfully giue her the crowne , in preiudice of the next lawful heire , after queene maries death , which at that time was his maiesties mother queene of france and scotland . but here now m. barlow would seeme to make some answere to these last words of mine , saying : that being once true , quoth he , to wit the illegitimation , no humā power could make it vntrue to the preiudice of another ; & then he answereth : if the illegitimation had byn in her bloud , it is true , no law could make it good against the right heire . and do you grant thus much syr ? that if the illegitimation had bin in her bloud , no law could make it good ? wherein then i pray you was this illegitimation ? was it in her bones , or in her flesh , or skinne ? for in one of these foure it must needs be : for asmuch as it descended by her birth from her father & mother . but , saith m barlow , her bloud being sound , seming allegations and plausible inferences might for a time dazell , not alter her right , but they being cleared and reuersed , these second deliberations did not so much establish her right , which was inherent in her bl●ud , as make it more apparent , and sensibly incontrollable . here now is indeed that begging of the question which without cause it pleaseth m. barlow sometimes for fashiōs sake to obiect against me . for here our questiō being , whether queene elizabeth was sound in bloud or no , he supposeth it for a principle , that it being so , then seeming allegatio●s , or plausible inferences cannot hurt her right , but the parlament supposeth & proueth the cōtrary , that she was not soūd in bloud , but wholy vnsoūd by her birth & natiuity : and the same do we suppose by the authority of this parlament , and by the testification both of her father and mother . and how ridiculous then is it that m. barlow should suppose the con●●ary without proofe , saying : that supposing she was sound , plausible inferences could not hurt her ? secondly he calleth the resolute , and seuere asseuerations of king henry himselfe , and of archbishop cranmer and of all the lords both spirituall and temporall of the parlament togeather , with the iudiciall confession of queene anne her selfe , be●ore her execution ; he termeth them i say but seeming allegations , and plausible infere●ces , which thing considering both the greatnes of the persons , and grauity● of the matter , both in the sight of god and man , and the most weighty consequences which therof did depend , is the grieuous iniury that in words could be offered to so great authority . for it is to make them all wicked men and lyers , they affirming the matter to be true , and to h●ue beene reuealed by gods infinite goodnes , so euidently , as there is set down ; and m. barlow saying to the contrary , that they are nothing but seeming allegations , & plausible inferences . thirdly , where he sayth that these plausible inferences being cleared and reuersed in the second deliberation , to wit of the parlament , did not so much establish her right , which was inherent in her bloud , as make it more apparent , he beggeth againe the question , and supposeth that for his ground , which we deny vntill he can proue it , to wit , that the former determination of parlament , was reuersed concerning her illegitimation . for why should not this appeare in the satute booke , as well as the former . and wheras he sayth , that her right of successiō was but dazeled , & not altered by this decree of parlament , for that it was inherent in her bloud , we haue now shewed , that it is a ridiculous tergiue●sation , for that the parlament condemning , and disanulling vtterly the marryage of her mother with her father , doth therby condemne her whole bloud for vnlawfull to succeed , except m. barlow will say she had other bloud , which she tooke not from father or mother , or els that he will teach vs by his law or diuinity , that albeit her father and mother were neuer truely man & wife : yet she borne by their coniūction , had true right in her bloud to succeed in the crowne , which yet the parlament denyeth , as yow haue seene . and this shall suffice for this matter : wherby may appeare what causes some popes might haue , in respect as well of this knowne illegitimation by her father & mother , as also of other many pe●●●nall demerits of her owne , to fauour the right of her next lawfull successour , persecuted , & iniuted , & finally destroyed by her . but now as for the other cauill of recrimination that d●●●man in his booke sayth , that it is a grieuous sinne for any man to giue consent to the making of a king that is of a contrary religion , it hath beene answered sufficiently before against m. morton , who obiected the same , but with fraud and falshood , as this man doth , leauing out the principall words that do ensue , which are , that is a sinne to him that doth it , ●●hat side souer the truth be , or how good , or bad soeuer the party 〈◊〉 that is preferred . he doth leaue out also the reason of the speach , taken out of the authority of s. paul in these words : for if s. paul haue pronounced so absolutly and plainly in the place be●ore alleadged , that euen in eating a peece of meat it is damnable for a man to discer●e , and yet to eate ; what may we thinke will it be in so great and important a matter , as the making of a king is , for a man to ●ssemble , or do against his owne conscience , and iudgment ? here you see is nothing , but that a man should not do against his conscience in the choice of a king , when that case shall fall out . can m. barlow say any thing iustly against this , if he will not calumniate ? i see not what . but yet he leapeth to another thing , in a farre different place , where doleman sayth , that the statute of association was obiected by other competitors against the succession of scotland , which statute was made in the . yeare of queene elizabeths raigne , and intended principally ( as it seemeth euident both by the queene , and by such as procured the making therof ) against the sayd succession of the queene of scotland and her issue , in such forme of words , as she being prisoner in england might easily be ●●tr●pped therin , as afterward she was by the attempt of m. ●abingt●n & his fellowes , and lost her life for the same . the statute contained , that if any act should be attēpted tending to the hurt of queene elizabeths person , by or for any person , that shall , or may pretend any title to the crowne of this realme , after her maiesties discease , by any person , or with the priuity of any person , that shall , or may pretend title to the crowne &c. then all such persōs shal be excluded and disabled for euer , to haue , or claime the sayd crowne &c. hereto m. barlow answereth now first , that they only in this act are excluded from succession , by who●e meanes queene elizabeths life should be taken away ( not sought ) and that should not touch their issues , except they had bene any wayes assenting or priuy to the same . but to this may be replyed ; that the words now set down in the statute are cōtrary , which say , that if any act be attēpted tending to the hurt of her maiesties most royall person ( though not achieued ) yet they shal be excluded . and as for their heires and issues , though in the second part of the statute , when queene elizabeths life should be taken away by such attempts , there is mention of them , that it must be by some assent or priuity of theirs ; yet in the former part now alleadged , there is no mention ; wherby notwithstanding the sayd pretenders , for whome , or by whose priuityes such attempts only should be made , are condemned of treason , and made incapable of any pretence to the crowne : which being once effectuated , the consequence doth easily ensue in like manner against their heires and issues . so that this is but a meere trifling matter , brought in for want of other better . of certaine contradictions obiected to cardinall bellarmine : and what confidence may be placed in a mans owne good workes . chap. iiii. wheras among other things there were obiected in the apology of the new oath of allegiance certaine cōtradictions against cardinall bellarmine , out of his workes , as impugning the one the other , i thought good in my letter , to looke into some t●ree or foure of them , leauing the rest for the cardinall himselfe to answere , as he did very sufficiently : which answere might serue for vs both , but that i hauing enlarged my selfe somewhat for the better explayning of the first obiected contradiction , about the placing of confidence in good and meritorious workes , m. barlow hath bene so copious in his reply , partly preaching , partly pratling , without substance or verity , as i am inforced to insist more vpon the matter , then i had purposed . and for more plaine dealing and discouering of his fraud , and impertinency i shall here repeat againe , what in my letter i set downe about this controuersy . the apologer●quoth ●quoth i ) doth thus begin his list of cōtradictions against cardinall bellarmine . first in his bookes of iustification ( saith he ) bellarmine affirmeth , that for the vncertainty of our owne proper righteousnes , and for auoiding of vaine glory , it is most sure and sa●e , to repose our whole confidence in the alone mercy and goodnes of god : which proposition of his , is directly contrary to the discourse , and current of all his ●iue bookes de iustificatione , wherin the same is conteyned &c. of this first contradiction we haue said somewhat before , to wit , that it is strāge , that fiue whole bookes should be brought in , as contradictory to one proposition . for how shall the reader try the truth o● this obiection ? shall he be bound to read all bellarmines fiue bookes , to see whether it be true or no ? had it not bene more plaine dealing to haue alleaged some one sentence , or conclusion contradictory to the other ? but now shall we shew , that there can be no such contradiction betwixt the senten●● of one part of his said booke of iustification , & the whole discourse or current of the rest : for that bellarmyne doth make all the matter c●e●re by soyling three seuerall questions in one chapter , which is the seauenth of the fifth booke here cyted . the three questious are these about fiducia quae in merit is co●●oca●i possit , what hope and confidence may be placed by a christian man in his good workes , and merites . the first question is , whether good workes , in a christian man , doe increase hope & confidence by their owne nature , and the pro●ise of reward made vnto them ? and bellarmine answereth that they doe : and proueth it by many places of scriptures , as that of toby the . where it is said : that almes-dedes shall giue great confidence , and hope to the doers therof in the sight of god. and iob sayth , that he which li●eth iustly , shall haue great confidence & hope , and shall sleepe securely . and s. paul to timothy saith : that whosoeuer shall minister well , shall haue great confidence &c. i omit diuers other plaine places of scriptures , and fathers there alleadged by him , which the reader may there peruse to his cōfort , shewing euidently , that the conscience of a vertuous life , and good workes , doth giue great confidence to a christian man , both while he liueth , & especially whe he cōmeth to dye . the s●cond question is , whether thi● being so a man may place an●●o●●idence wittingly in his own●●●rits , or ve●●uous li●e . and it is answered , i hat he may ; 〈◊〉 be with due circumstances of hum●lity , auoydin●●●●●e & pr●sumption . for that a man feeling the effect of ●ods g●ace in himsel●e , wherby he hath beene direc●ed to liue well , may also hope , that god will crowne ●is gifts in him , as s. augustines words are . and many examples of scriptures are alleadged there by card. bellarmine of sundry holy saints , prophets and apostles , that vpon iu●t occasions mentioned their owne merits , as gifts ●rom god that gaue them hope and con●idence o● his mercifull reward : and namely that saying of s. paul , i haue sought a good fight , i haue consummated my course , i haue kept my faith &c. and then addeth , that in regard hereof , r●posita●●st mihi corona iustitiae : a crowne of iustice is ●ayd vp for me , which ●od the iust iudge shall restore vnto me . the third question is ( supposing the foresaid determinations ) what counsaile were to be giuen , whether it be good to put confidence in a mans owne merits o● no ? wherunto card. bellarmine answer●th , in the words set downe by the apologer , that for the vncer●ain●y of our o●ne proper iustice , and for auoyding the perill of vayne glory , the su●●st way is to repose all our cōfidence in the only me●cy & benignity o● god ; from whome and from whose grace our merits proceed . so as albeit cardinall bellarmine doth confes●● , that good life , and vertuous acts do giue hope , and confidence of themselues , and that it is lawfull also by the examples of ancient saints , for good men to comfort themselues with that hope and confidence : yet the surest way is to repose all in the benignity and mercy of almighty god , who giueth all , and is the authour , aswell of the grace , as of the merits , and fruits of good workes that ensue therof . and thus hath cardinall bellarmine fully explicated his mind in this one chapter , about confidence in good workes , by soluing the foresaid three different questions , wherof the one is not contrary to the other , but may all three stand togea●●er . and how then is it likely , that the foresaid proposition , of reposing our confidence in the mercy of god , should be contradictory , as this man saith , to the whol● discourse and current of all his fiue bookes of iustification ? let one only sentence be brought forth , out of all his fiue bookes that is truly contradictory , and i shall say he hath reason in all the rest of his ouerlashing . this was may declaration , and explication of card. bellarmines doctrine , in this point , whether any confidence might be placed in good workes , and what his counsaile is therin . wherunto , though m. barlow finding himself vnable to make any substantial reply , do multiply words from the matter , without answering directly , to any one of these points now set downe , and much lesse , to the authorityes of scriptures , and other proofes alleadged for the same : yet shall we take an accompt of him what he saith , reducing him back againe to these heades , as they lye in my letter , now recited , and see whether they make any iust satisfaction for an answere or no. first then , whereas i required , as you haue heard , that for prouing this first contradiction , obiected to bellarmine that one only sentence , might be brought forth , out of all his fiue bookes of iustification , that is truly contradictory to the foresaid proposition , counsailing to put our whole confidence in gods onely mercy : this hitherto is not done , which notwithstanding had beene easy to do , if the whole current of these fiue bookes , as there was said , had beene contradictory to this proposition . but now let vs see m. barlowes proofs , out of those bookes in generall . all the chiese questions ( saith he ) in that bulke o● controuersies ( about iustification ) may be reduced to these two principall heades , eyther to the quality of our iustice , that is inherent , not imputatiue : or of the merit , whether it be rewarded ●or the value of the worke , or of meere grace . and both these by the first word of this proposition ( to wit vncertainty ) are directly cut off . thus he . and this we deny : for that the vncertainty of a particuler man , concerning the perfection of his owne merits doth not cut off any of those thinges , which m. barlow fondly dreameth . let vs heare his proofe . for the vncertainty there mentioned ( saith he ) is eyther rei , or personae , of the righteousnes it sel●e , or of him which hath it . wherto i answere , that it may be of both in regard of a particular person , for that he may haue some vncertainty , both whether the iustice that is in him , be perfect , or that himselfe haue performed all circumstances requisite to true merit , though notwithstanding he doth not doubt but that the doctrine of the catholike church is true , & most certaine , about the merit of good workes : and that in the said church , and many of her children , there be true merits , wherin iustly some confidence may be placed , as the scriptures themselues , and the plaine words , and example of s. paul before alledged do euidently conuince . for which cause s. bernard alleadged by card. bellarmine doth worthily cry out . felix ecclesia , cui nec merita sine praesumptione , nec praesumptio absque meritis de est . habet merita , sed ad promerendum , non ad praesumendum . happy is the church , vnto whom neither merits are wanting without presuming thereon , nor presumption without merits . the church hath merits , not to presume vpon them , but to deserue gods fauour by thē . and why had not this bene answered ? let vs heare his further speculation . if the vncertainty ( sayth he ) be of the thing it self , then is it no true righteousn●s . this now is one folly . for a man may haue true righteousnes , & yet not be sure therof himself , according as the scripture sayth : no man knoweth whether he be worthy of loue , or hate at gods hands ; but let vs heare him further . for truth , saith he , whether of essence , or of propriety cassiers all vncertain●y . this is another folly . for how many thinges be there truly and really in particuler men , which they themselues know not , as would appeare , if they should see their owne anatomy ? and in m. barlow , may there not be true ignorance , pride or presumption in many thinges , though himselfe eyther do not know , or at leastwise will not confesse it , for that he remayneth not perswaded therof , and consequently vncertaine ? i might name , for example , those two words of essence or propriety thrust in heere , eyther of ignorance or ostentation , without sense or purpose . for what is truth or propriety , that ●assiers vncertainty ? the man would seeme to speake pro●oundly , and so exceedeth his owne capacity . but let vs heare him further . it is hypocrisy ( saith he ) not righteousnes , which is not true : if not righteousnes , then not inherēt . whereunto i answere , that this is not true which he saith first , for that all defect of true righteousnes , maketh not hypocrisy , but onely when a man pretendeth to be iust , and is not . but if a man should doubt , whether his righteousnes be perfect or no ( which is our case ) then were it no hypocrisy at all , and if it were , then were it inherent hypocrisy in the hypocrite , which is contrary to the other inference of m. barlow : that if it were not true , and perfect righteousnes , it were not inherent , for that be it true or false , perfect or vnperfect , such as it is , it must needs be inherent in the subiect , which it doth denominate . and this is m. barlowes wise discourse , about the first part of his two-membred proposition , of incertitudo rei , & personae ; incertainty of the thing it selfe , or of the person ( to wit ) of righteousnes it selfe , or of him that hath it . now he commeth vnto the second , about the person , saying : if the vncertainty be of the person , then the second part of the proposition , concerning merit , is cut of : for merit raiseth a confidence , but where there is no comfort , there can be no confidence ; and in vncertainty there is no comfort . which speach is so prudently vttered , as how many inferences , so many plaine falsities there be in the same . as first , that where there is no comfort , there can be no confidence . for that iob in his tribulations , was greatly abandoned of comfort , and yet he said to god , albeit thou shalt kill me , yet will i hope in thee , and it is an ordinary thing with god to take away oftentimes sensible comforts from good men , who notwithstanding do not loose their confidence in him , and his mercies for the same . the other proposition also is false , that in vncertainty there is no com●ort . for then would no man labour to obtaine any thing , wherof he were not certaine : no merchants would aduenture to the seas , being vncertaine of their gaine ; no suters would come to londō to feed lawiers being vncertaine what successe they shall haue : and f●nally , not onely common experience , but also common sense doth conuince these propositions to be ridiculous , and so i meane to spend no more time in examining them , but will pas●e to the examining of the other three propositions or resolutions of cardinall bellarmine before mentioned . in the meane space , you see how well and substantially m. barlow hath proued hitherto , the contradiction of the third proposition , against his fiue whole bookes of iustification , wherewith notwithstanding he saith the cardinall was so pressed , as he gasped for wind , whē i stept in to help him . he steppes , saith he , to bellarmine , o●er whome , as if the cardinall were gasping for breath vnder the blow he hath recieued for his contradictions , he braues it with some ●hetoricall ●lorishes &c. this is his confidence , which i grant commeth not of merits , but of onely faith , or rather presumption , and therefore i meane not to impugne it . he saith then concerning my answere before set downe , out of my letter ; first of all , that bellarmines case standing so bad in it selfe as it did , i m●de it farre worse , by seeking to assist him : and for proof hereof he saith , that i , supposing the cardinall to handle the controuersy by questions and answeres , wherby it seemes that i neuer read the place myselfe , do summe vp the chapter in way of interogatiō , & solution . whereto first i answere , that the many particulers , which i do set downe out of that chapter , whence the proposition is taken , aswell of scriptures , and other reasons , must needs conuince m. barlow , that i had read the whole chapter , and so he cannot say this heere , but against his owne conscience . secondly it is true , that bellarmine doth not handle those three assertions of his by the way of questions , and solutions , but onely by way of assirmatiue , and resolute propositions . but i thought it best , and more cleare for the english readers vnderstanding to frame the questions of my self , and take the summe of his said propositions , for answers and solutions to the same . what can m. ba●low mislike in this ? he sayth , that i haue wrongfully set down the cardinalls meaning , and namely in the first question , and that there is no such thing in the whole chapter . let vs examine then this . the first question then , said i , is whether good works in a christian man doe increase hope , and confidence , by their owne nature , & the promise of reward made vnto them . and bellarmine answereth that they do , and proueth it by many places of scripture . thus i said : & doth not bellarmine allow this doctrine ? or doth he not teach any such thing in this chapter ? let the reader peruse it , and blush for m. barlow that affirmeth it . but he giueth an instance saying : neither bellarmine , nor any other deuine , eyther protestant or papist , will say good works increase confidence in their owne nature . but good syr , is your nature such , or lack of grace so great , that you can speake nothing without manifest falshood ? i say that good works in a christian man , do increase hope and confidence , by their owne nature , & the promise of reward made vnto them . i do ioyne two things togeather , you doe separate them and caui●l vpon one onely . i doe speake of good workes in a christian man , to whom the promise of god is made of reward for good works , you leaue out that , and do speake of good workes as they may be in a pagan , and for the same cause you say in their own nature , as cōsidered in th●●elus & without gods grace & promise of reward : i do ●ay , that they do increase hope , and cōfidence by their owne ●●ture , and gods promise of reward . wherby i doe meane that being workes so qualified , they do of themselues , and by their owne nature of meritorious works increase hope and confidence in the worker , though he for his part , do not place any confidence in them . these then are the first corruptions vsed by m. barlow vpon my words . why did he alter them , and not recite them as i set them downe ? but let vs see a second proofe of his . he alleadgeth card. bellarmine against me , saying , that he distinguisheth betweene good workes , and merits , for that all good workes are not meritorious : and so say i too . for that good morall workes , may be in infidels , as hath bene said , for they may do almsdeeds , & other such good things , but they cannot be meritorious , for that they do not proceed from grace , & haue not the promise to god made vnto thē . what then doth this make against me ? nay harken i pray you what ensueth : he bringeth the wordes of bellarmine against me , saying : that if good workes should be consider●d in their owne nature , without respect both of the promise made ●nto them , and also of the dignity of gods spirit , the originall worker of them , they could carry no merit : which doctrine i willingly acknowledge , as fully making with me , and condemning m. barlow of false dealing , that he left out wilfully in my words before recited the clause of the promise of god made vnto them : and so in this he fighteth against himselfe , and discouereth his owne vntrue dealing . but hath he any more to say , thinke you , against the first question ? or doth he answere one word to the plaine testimony of scriptures , alleadged out of toby , iob , and s. paul for proofe therof , all cyted by me ? no , not so much as one word , and much lesse to those other , that stand in bellarmines booke , which are more in number , as neyther to the ancient fathers s. cyprian , s. chrysostome , s. ambrose , s. augustine , euidently confirming the same , that good and meritorious workes do of themselues comfort the conscience of the doer , by increasing hope , and confidence in him , in respect of the promised reward ; yea albeit he do not of himselfe place any confidence in them , but respecteth onely , and relyeth vpon god almightyes grace & mercy ; for that so it may often fall out ( and it is to be noted and borne in mind ) that a man may haue confidence by good works , and yet place no confidence in good works ; for that a vertuous life enriched with many meritorious actions , may of it self giue a man much confidence , for the life to come , though he for his part do not place any confidence therin , but only in gods mercy : so as now we see the first propositiō of cardinall bellarmine to be true , that the confidence of holy m●n , which they place in god , doth not only spring out of ●ayth , but also out of good meri●s , and therefore that ●uery man must labour wi●h all study , to procure good meri●s , to the end that they may haue confidence with god ; which is the very same in substance , that i set downe in my letter , though somewhat by me abridged and accommodated to the capacity of the vulgar reader . there followeth the second question , proposed by me in these words : vvhether this being so , a man may place any confidence wittingly in his own merits , or vertuous life ? and it is answered , that he may , so he a●oyd pride &c. which containeth the very same in effect , that d●th cardinall bellarmines second propositiō , that some confidence may be placed in good me●its which are known to be such , so as pride be auoyded ; vnto which second proposition , m. barlow not being able to say any thing ag●inst the truth therof , confirmed by many testimonies , & exāples , both out of the old , & new testament , and writings of holy fathers , that did both teach , and practice the cōfidence of a good conscience , he runneth to seeke cauills , both against me , and cardinall bellarmine ; and for me he hath deuised one of the most childish , that euer perhaps you heard , and such a one that doth euidētly declare the malice of his mind , and misery of his cause , that driueth him to such shifts : for that neuer man of grauity , or sincerity would vse the like , knowing , that it must needs be discouered , by the first inspection of the booke , by his aduersary : thus then it is . where i do frame the second question thus ; vvhether a ●an may place any confidence in his owne merits , and do answer , yea ; he leaueth out of purpose , the question it self , and putteth downe the solution only without question , a●●i●ming me to say , as it were by way of propositiō , a man m●● place any confidence in his owne merits , and writeth the word any , in great letters , to make it more markable , as though i ha● said , a man may place ( any ) confidence w●atsoeuer , that is to say , al confidēce in his own merits : wheras if he had set down the que●tiō simply as i did , whether a mā may place any cōfidence in his merits , & answered only yea , as i did , without adding any further , it would haue appeared plainly , that the word ( any ) did signify as much as some con●idence , answering to bellarm. words , aliqua fiducia ; wheras omitting the question & putting down againe the word ( any ) he changeth the significatiō therof , & maketh it to signify , as much as all , or any whatsoeuer , as though i had said , a man may put all confidence , or what confidence soeuer in our merits , & therby disagree frō bellarmine , whose word● are , as hath bene sayd , aliqua fiducia in bonis meritis collocari potest ; some confidence may be placed in good merits : & this shifting fraud is so palpable , as it may be discouered by infinite examples . if one should aske another , whether he had any bread in his house , as elias for example did aske the poore widdow of sarepta , euery man of sense seeth that the meaning is , whether he haue any bread at all , of any sort soeuer , and not whether he haue all kind of bread : & so if the other do answer , yea , without adding further , it is to be vnderstood , that he answereth according to the meaning of the demaunder , that he hath some bread in his house ; but if he should answer , as m. barlow maketh me to answer , yea , i haue ( any ) bread , it would import , that he had all sorts of bread . and the like is , if a man should aske m. barlow whether he haue any vertue , the meaning is , whether he haue any at all , and soe euery man i thinke will vnderstand it , and himselfe also , i belieue , would take it , and thinke himself iniured thereby , if any man should answere , no : but if he should repeate againe the same word ( any ) in the a●swere , saying : y●a he hath any vertue : heere the word ● 〈◊〉 ) changeth the fo●mer signification , and import●th as much , as that he hath all vertue● which i suppose himself would be ashamed to answer in his owne cause , as a thing contrary , asw●ll to his owne conscience , as to other mens knowledge . and the l●ke i●● if a man should demaund him , wh●●he● h● hat● any s●●ll in the mathematickes ; he might an●●●●e pe●h●pps , y●a , if he added no ●urther , vnders●●nding ther●by that h● hath some skill : but if he should a●swere , a● he maketh me to do ; yea , i haue any skill ; it may s●●ue to make pa●time to his demaunder : and yet vpon th●● f●ol●sh ●●●ging d●uise of the different taking of t●e word ( a●y ) he mak●t● great a doe ; and foundeth m●ny ●r●●●●ntations , writing it still with great letters , a● pres●n●ly you shall see , seeking thereby to proue , that cardinal b●llarmine , & i are at debate ; he saying , that some con●●dence may ●e placed in merits , & i saying , that ( any ) confidence may be placed : which is al he hath again●t me , about the ●econd question . now let vs see , what he hath again●t cardinall bellarmine . ●wo thinges he pretendeth , to wit , that his second , and third propositions are contrary the one to the other i● two pointes ; for that the second proposition , doth ●llow some kind of confidence , to be put in mans merits , the third doth exclude all , and sayeth it must be in the only mercy of god. but this is a very ridiculous contradiction , to be obiected to so learned a man as bellarmin is . for that both th●se are true , and may stand togeather as 〈◊〉 s●tteth them downe : for that , it is both true , th●t a m●n may place some confidence is his merits , as cardinal b●●●●●min● proueth , both by scriptures , and fathers before mentioned : and it is true also which he sayeth in his third p●oposition , that this notwithstanding , tu●●ss m●m ●st , it is mo●● safe for a man , though he haue good m●rits , yet not to respect them , but to place all his confidence in the only mercy o● god. and what contradiction is there heere ; a man may place some con●idence , but the sure●t way is to place none ? cannot these two stand togeather ? let vs examine some places of scriptures . if a man , or woman had come to s. paul , to aske his opinion , whether he , or she should marry , or no ; he would haue said as he wrote : you may marry , you shall not si●ne by marrying , but the safest way is not to marry : the one is lawfull ; the other more perfect : should this ●peach of s. paul be contrary to it self ? i trow no. now t●en let vs see , whether cardinall bellarmines speach be a like : he is demaunded , whether it be good for a man to put any confidence in his merits , or noe : he answereth , that i● he find that he hath good merits , he may put some hope therein , so it be done without pride ; but yet the saf●st way were not to respect , or thinke vpon his owne merits , but only to put his whole confidence in the only mercy of almighty god. is here now any contradiction ? he sayth in the one , that he may put some confidence : in the other , the sa●est way is to put none ; this is but a counsaile what were best to be done , and most safe ; the other a declaration , what in rigour may be done ; no man i thinke of common sense , will say that here is any contradiction , and yet doth m. barlow vrge it againe and againe ; insisting vpon the words , whole con●idence , and al●ne mercy of god , vsed in the third proposition , which carrieth with it ( sayth he ) a double contradiction , both subiecti , & obiecti ; the subiect , tota ●iducia , all mans confidence , tota , the whole , whether greater , or lesse ; whether weake , or strong ; whether one , or the other , is wholy to be cast vpon gods mercy ; euen as our sauiour commaundeth vs to loue god with our whole soule , hart , and strength , includes therein all the facultyes of the soule and body , parts inward and outward , inward of vnderstanding , will , affection , outward all the members of our body to be made s. paules whole burnt sacrifice &c. and so runneth forth , amplifying vpon the words ( whole ) and ● all● and then also vpon the obiect , saying , that the obiect affoards a strong cōtradiction● sola misericordia , only mercy , or mercy alone , which admits no participation with another : and ●uch more like ●●usle , as if he were in his pulpit , deluding the people there , by vaine repetition , and exagg●●ation o●●●●●e words , which yet import no mo●e , ●ut that car●inall bella●mi●e his counsayle is ( though not as a p●ecept of nec●ssity ) that albeit a man haue ●●uer so many good workes , and may iu●●ly therby in●r●a●● his hope , and con●idence in god , by looking vpo● t●●m as his gi●●●● ; yet to be ●ure ( for that a man may be decei●ed in e●timatiō o● his owne merits ) the best way is no● to respe●t them , but only to place his whole hope in the sole mercy of almighty god. and this by way of counsaile , and not of precept , as you haue heard , though m. barlow doth egregiously also abase him , y●a very per●idiously , vrging again●t him , that in his third proposition he sayth , vve must place all our whole con●●dence in t●e sole m●rcy of god , and th●n indeed it were cont●a●●c●o●y to t●at , which he sayth in the second , that a man may plac● some confid●nc● in his merits , but the cardinall saith not that , we must , but that , it is the saf●st way . and the like perfidiousnes doth he vse in peruerting , and vrging the words of his second proposition , as though he did ●ay , some con●idence must be put in our merits , and not only may : whereas the cardinall sayth ●n●y , that some confidence may be put : & this also with a restriction , vt ca●catur super●ia , that pride be auoyded . let vs heare i pray you m. ba●lows insolent conclusion , ●fter that he hath 〈◊〉 beaten himself vp and downe to proue these to be co●●r●d●●●ions . ●her●ore , sayth he , the apolog●rs o●●●ruation 〈…〉 made , a●d ●ogi●ke , ●onf●●m●s it to be a viol●n● contradiction ; 〈…〉 t●o pr●posi●ions , mans whole confid●nce i● to ●e 〈…〉 god● me●cy alone ; and , some confidence i● to be 〈◊〉 in man●●●●it , will no more agr●e as b●ing m●st opp●●●te , 〈◊〉 a new pee●e , wi●h an old g●rm●nt , which our sa●iour saye●h to ●e an 〈◊〉 i●possi●ility . so he . by whic● speach of his o●ly , if the●e were no other o● 〈◊〉 note , the man , and his t●uth may be t●roughly dis●●●ned , h●uing here falsified both cardina●l b●llarm●n● words , and mea●ing , in the recitall of both the●e propositions . for as cardinall bellarmine setteth th●m downe , they are both true , as be●ore i haue shewed : but as this man rela●●th them , he maketh them opposite . for cardinall bella●mine sayth not , that mans whole confidence is to be placed in gods mercy alone , as though it were by way of nec●ssity , and not lawfull to respect any thing our owne good works , but that , the safest way is so to do . and secondly , he doth not say , that some confidence is to be put in mans merits , as though this also were of necessity , but that some may be put : so as this man seemeth wholy to be compounded of fraud , and that with sincerity of truth he cannot vtter any sentence , either of his owne , or ours without some imposture . what a prelate is this ●or men to hang their soules vpon the truth of his words ? the other point in this sentence , i leaue to be laughed at by his reader , that ●ogick confirmeth a viol●nt contradi●tion , betwene t●ese two propositions , to wit , that himself hath framed out of his owne fingers ends . and as for his example of cont●adict●on , and highest opposition , yea imp●ssibility of cohe●ence betwene a new peece , and an old garment , euery begger that goeth vp and downe the countrey , with a patcht clo●ke , will conuince him of vntruth therein , e●pecially if he haue passed lately by any taylors shop , where he hath had commodity of new shreds to ioyne to his old cloake , and shew , that there is not such logical contr●diction or opposition betweene them , but that they may stand togeather in a beggers cloake , if not in congruity of decency and handsomnes ( wherof it seemeth ●hat our sauiour only meant : yet at leastwise without logic●ll opposition , or impossibility● which was far from the s●nse of christ in that parable . so as here are now thr●e or foure fal●●oods at once discouered , & conuinced against m. ●a●l●w , about this ●irst imputed contradiction , ●etwene these two propositions . let vs see the second . the s●cond obiected contradiction is , for th●t c●●d . b●llarmine sayeth in his second proposition , or 〈◊〉 to the second question , that a man may put 〈…〉 dence i● bonis meri●is , quae talia e●se compertum sit , in go 〈…〉 that are found to be truly such . and in his third proposition , he sayth , that propter incertitudinem propriae iustitiae tutissimu● est &c. for the vncertaynty of our own proper iustice , the safest way is to put all our confidence in the only mercy of god : which , sayth m. barlow , is contradictory the one to the other ; the former affirming , that we must know , that our merits be truly good , before we can put any confidence in them ; and the second , that this is vncertaine , & therefore it is most safe to put our confidence only in gods mercy . wherto i answere , that if these things be well considered , there is no contradiction ; for that the knowledg of our merits , which is required before we can put any iust confidence in them , is a morall knowledg only , such as may stand with some vncertainty , as is to be seene in many things of this world . as for exmple , a man borne now in england , is morally certaine , that he is baptized , for that he is tould so by his parents and others , for that the ministers do odinarily baptize infants in the parish where they dwell : but for that he doth not know certainly , whether he that did baptize him , had the intention of the church , and vsed the forme of words prescribed , it may stand with some vncertainty , whether he be baptized or no. and the like is in marriage , wherein there is morall certainty , that a man and woman that haue liued togeather many yeares in wed-locke , are truly husband and wife : but yet for that there is not absolute assurance , that both parts did consent in hart to that marryage , it may stand with some vncertainty , whether the mariage were good or no. and so in infinite other thinges . and in this our case it is euident , that the knowledg required by the cardinal of our merits , is but morall , such as may stand with some vncertainty ; for though we should know , that we haue giuen almes aboundantly , redeemed captiues , nourished orphans , visited the sicke , and imprisoned , and done other good works cōmended by our sauiour , that promised life euer lasting to the same : yet because we know not whether we haue done them with all due circumstances or no , it is but a morall knowledg of their being t●ue merits , & con●●quent●y may ●●and with some vncertainty , as is sayd in the third proposition . and what now hath m. barlow to say to this ? still he telleth vs , that they are contradictions , and setteth them downe thus in great letters . a man ( sayth he ) must be a●ertained that the wo●ks that he doth be truly g●od , or ●ls ●e may ●ot trust in them , and y●t no man can assure himsel● that th●y ar● so , ex●●pt he haue a reuelation sayth the cardinall . well syr , and what will you infer of these two propositions ? you say that they are opposite , and contradictory . proue it : ●or that a contradiction est a●●irmatio , & negatio de eodem , respectu eiusdem : here the certainty and vncertainty , that are spoken of , are of different kinds . a man must be acertained that the good works , that he hath done , be truly good before he put cōfidence in them . this is to be vnderstood of morall certainty only ; not absolute & infallible . and then againe , no man can assure himself , or know certainly that his works are such , which is to be vnderstood of absolute , and infallible certainty ; so as morall certainty , and absolute certainty , being neither the self same thing , but much diffe●ent , the former may be affirmed , in the ●econd p●oposition , and the other denied in the third , without any cōtradiction at all . so as all the rest of m. barlowes tat●●ng , in this place , saying ; that better it were ●or the cardinall to ac●knowledg an ouer sight , then to ouer●hrew one soule , redeemed by christs bloud : and : that contradiction in assertion woundes but o●e o●posite member , but vnsoundnes in doctrine doth wound the we●●● cons●ience of a christian : that this may be amended by repeale , retr●●●ing it &c. all this , i say is but idle , and vaine speach , without any ground giuen on the cardinals behalfe , as b●fore hath bene shewed . and the vnsoundnes hath bene pro●ed to be on m. barlows side , in reg●rd of the many vn●ru●hes , sleightes , and absurdities committed by him . and not to loose any more tyme in this , we will pas●● to other contradictions , obiected to the sayd cardinall . of three other contradictions imputed vnto cardinall bellarmine , but proued to be no contradictions at all . §. ii. as wee haue bene more large then was purposed , in the discussion of the precedent obiected contradiction , about the thr●e que●tions , and answers proposed : so shall we endeauour to recompence our length there , with breuitie in this place , for that m. barlow indeed hath heere as little to say , as there he speaketh much to small purpose . the second contradiction then , is said to be , for that cardinall bellarmin taking vpon him to shew that god is not the author of sin , nor inclineth man thereunto , hath this proposition : that god doth not incline a man to euill , eyth●r naturally or morally , physi●e vel morali●er ; expounding in the same place , what he meaneth by the words naturally and morally , to wit , that to incline a man naturally to euil , is immediatly to mooue his will to some euill act ; but to incline morally is to cōmaund , or counsaile an euill act to be done ( which is properly called morall concurrence : ) in neither which kind , may god be said to incline a man to euill : but yet there is another way , called o●casionaliter , or by occasion , as when an euill man that hath a naughty will is bent to sinne , god almighty , by sending some good cogitation to him , may be the occasionall cause , why he committeth this sinne , rather then that : wherof i gaue an example out of the booke of genesis , the . chapter , where the brethren of ioseph , hauing a naughty will to kill him , god almighty by sending that way the ismaelite merchāts of galaad , ga●e an occasion rather of thinking how to sell him into ●gipt , then to kill him , & so to commit rather the lesser synne , then the greater . cardinall bellarmine also in his answere repeateth againe those words of the psalme , conuertit cor ●orum , vt odi●ent populum eius , god did turne the hartes o● the eg●ptians , to hate his people : not that god did either physice o● morali●er , properly moue their wills , or command or counsaile the egyptians to hate his people , but only occasionali●er , that is to say , as s. augustine expoundeth the matter , god by doing good , and b●e●sing his said people ( which was a good action in him ) g●ue the egyptians occasion to enuy , and hate them , they abusing that to euill , which he did for good . and for that this occasionall concurrence , may be tearmed also morall , in a certaine large sense , therfor● god may be said also to cōcurre morally in this meaning : but for ●o much as these two meanings of moral concurrence , are far different ; the first which is proper , may be denied , and this which is vnproper may be granted without ●ll contradiction , for so much as a contradiction is not , but when the selfe same thing is affirmed and denied in the sel●e same subiect , and in the same re●pect , which here is not ; no more then if a man should say , these two propositions are contradictory : god commandeth expresly all men in generall , non oc●ides , thou shalt not kill ; and yet to diuers in particuler for seuerall causes , he permitteth to kil , and yet here is no contradiction , for that killing is taken in different senses . and this is so plaine , that m. barlow though he striue to talke som what , for that he is obliged for his credit , & hired therunto ( as you know : ) yet findeth h● nothing to fasten vpon by any probability , and therefore in the end , hauing intertained himselfe for a while in repeating what bellarmine saith , in the place from whence this supposed contradiction about the different sorts of gods concurrence is taken ( in repetition wherof he sheweth plainly not to vnderstād him : ) he finally breaketh out in his malice to end with the odious example of iames clem●nt the monke , in killing the late king of france ; dem●nding how god concurred with that action , either in generall or in particuler ? but to this now the answere is already made , and so many wayes of gods concurrence , or not concurrence , as concerne this cause , haue bene explained , as to stand long●r vpon it , were los●e of time : let m. barlow meditat● by himselfe , how god can concurre with so many ●urthering actions of his , by slandering and de●aming his neighbour , as heere againe he chargeth iesuits wit● poisoning of popes ; which being not only apparantly f●●●● , but without all ●hew or colour of probabilit● , & yet most violently malicious ; sure i am , that god concurreth not therwith , either physicè , or moraliter , by mouing his hart or tongue to speake so wickedly , and much les●e by commanding or approuing the same . but whether he ●o it occasionalit●r or no , to his greater sinne & damnation , ●●at i know not : but certaine i am , that the contumely being ●o intolerably false , and ridiculous as it is , and yet vtter●d and repeated againe so often by him , in this his booke : most certainely , i say , i do perswade my selfe , that the d●uel hath cōcurred with him in al these three waies , both ph●sice , moraliter , and occasionaliter . almighty god forgiue him , and make him to see , and feele out of what spirit he speaketh . and so much for this second proposition . the third contradiction is vrged out of bellarmine , in two books of his ; the first , de clericis , where he sayth , that all the fathers do constantly teach , that bishops do succeed the apostles , and priests t●e se●uenty disciples ; and then in his book de pontifice , he hath the contrary : that bishops do not properly succe●d the apostles : vnto which my answere was at that time vpon viewing the places themselues in bellarmin , that this was no contradiction at all , for that it was spoken in diu●rs senses : to wit , that bi●hops do succeed the apostles i● power of episcopal order , & not in power of extraor●inary , & apostolical iurisdiction , and so both were true , and might well stand togeather , for that all bishops haue t●e same sacred episcopal order , which the apostles had , but not their extraordinary iurisdiction ouer the whole world , as each one of them had : which answere o● mine , since that time , hath bene confirmed by cardinall bellarm●ne himselfe , in his owne defence , though in different words , saying : episcopos succedere apos●olis &c. that bishops do succeed the apostles , as they were the first bishops of particuler churches , as iames of ierusalē , iohn of ephesus , & the like , is grāted in the book de clericis , but yet that bishops do properly succeed the apostles , as they were apo●tle● , that is to say , as they were sent into all the world with most ●ull power , is denyed in the booke de pon●i●ice . so as in different senses both are true : neque sunt contraria , vel con●●a●ictoria , sayth be●l●rmine , nisi apudeos qui i ogi●am ignoran● , v●l sensu communi carent : neither are they contrary , or contradictory , but with them that want logicke : or common sense . so he . all which being so plaine , yet notwithstanding m. barlow will needes say somwhat to the contrary , not ●or that he doth not see , that the thing which he is to say , is nothing at all to the purpose , but perchance , that h● thinketh himselfe bou●d to say somwhat for fashions ●ake , and so rusheth himselfe into absurditie● , as now ●ou ●hal 〈◊〉 . thus then he relateth the case , t●at bell●rmine 〈…〉 place that bis●ops do succeed the apostles , and in another , tha●●is●op● do not properly succeed the apostles : and least any should thi●k● , t●●t this is no antilogy , because in the last proposition ●he 〈◊〉 ●p●●p●●ly ) qualifieth it , t●e cardinall hims●lfe ha●h in the v●ry next pre 〈◊〉 〈◊〉 chapter , preuented that , wh●re he saith , that bishops do pr●●●●●y succeed the apo●●les : then which , what more strong coun●e●-●●ocke ca● there be b●●●●ene any two ? so he . and what ●e me●neth by this strong counter-shocke , i know not , but sure i am that he giueth a ●trong counter-buffe to his owne credit , by bringing in this reply ; for that bellarmine in the very sel●e●ame place , and words of the precedent chapter , wh●re he sayth , that bishops do properly succe●d the apo●●les , sheweth him selfe to meane in succ●ssion of ●piscopall ord●r , and power of preaching thereto b●longing : in which power of preaching he s●yth , epis●opi proprie apostoli● 〈◊〉 ut , bishops do properly succeed the apo●●l●s ; and proueth it out of the sixt of the acts ; but where he sayth in the other place , that they do not properly succeed the apostl●s , he mean●th , and so expoundeth his meaning to be , t●at t●ey do not succeed them in their extraordinary vniue●sall iurisdiction ouer all the world . and could m. barlow choose but see this when he wrote his reply ? if he did not , yet will i not retu●ne the vnciuill word , here vsed to me , out of the poet ( for th●re lyeth his learning ) nauiget ami●yras , ●or that my braine wants purging &c. but i will answe●e ●im mo●e modestly , to wit , that if he saw not this error of his , then it was at least a great ouersight in him to look so negligently to what he writeth : but if he did see it , & yet wou●d so falsely alledg it , then were a pu●gation rather to be wished for his conscience , then for his braines . but he ceaseth not heere , we must see two , or three false tric●s of his more . first he taketh vpon him , to proue that bella●mine in the place before cited de clericis , doth ind●●d proue tha● bishops do succeed the apostle , not only in power of holy order , but also of iurisdiction . for that b●llarmine being to proue , sayth he , according to the title of his chapter , that bishops are greater then pri●sts , he setcheth his s●cond reason from their differ●nt power of iurisdiction in the new testament , because they , the bishops , haue the same that the apostles had : nam ●pi●copos apostolis succedere , that bishops do succ●ed the apostles , therin is not one mans testimony alone , constanter docent omnes patres , say●h he , all the fathers do hould it with one consent , without varying in themselues , or differing from others . hitherto m. barlow . and if he shew himself faithfull in this , you may trust him if you will another time : but if in this as in most other things , he still vse shifting , then you may trust him as you find him . first then it is true that card● bellarmine his purpose in this . chapter , is to proue against caluin , and some other protestants , that bishops and priests are not equall in degree , but that priests are inferiour to bishops , and he promiseth to proue three points . first that a bishop is greater then a priest , quoad ordinis po●estatem , in the pow●r of holy order . secondly , quantùm ad iurisdictionem , that he i● greater also in iurisdiction , for that a priest hath iuri●diction but ouer one parish , and a bishop ouer his dioc●ss● : thirdly that bishops in the primitiue church , were not only , as caluin sayth , like consuls in a senate , but like princ●s rat●er in 〈◊〉 . the fir●t , an● 〈◊〉 of which points appertaine not to our p●●s●nt p●●po●e , ●ut ●●ly the ●●cond about iuri●●●ction , ●●d this not much nei●her , if you consider it we●l , ●or that cardina●● 〈◊〉 in●ent is , to shew , that the iuri●●iction of b●s●ops i● greater thē that o● prie●ts , but not th●t bishops had a●l the iuri●dictiō which the apostles had , no● doth ●e once name it , or say any such thing : and it is a no●orio●● deceipt of m. bar●●● , when he sayth ●●ere , that 〈◊〉 ●etcheth his s●cond re●son to proue the preheminēce of bishops aboue p●iests frō their power of iuridis●tion , becau●e they haue the s●me that the apostles had . bellarmines words are these : se●●●●● probatur h●c idem , ex aistin●●i●ue apos●clo●um & dis●ip●lor●m s●ptuaginta . secondly the same is proued ( to wit that bishops are greater then priests ) by the di●tinction of the apostles , and the seauenty disciples ; and then do ensue immediatly those words : epis●opos apostolis suc●edere , that bishops do succeed the apostles , and prie●●s the seauenty disciples , all fathers do constantly teach . so that here bellarmine doth not found his argument of prouing bishops to be greater , and worth●er then priests● vpon the succession of bishops to the apostles apostlicall iu●isdiction , but in the dignity of holy order , which is sufficient to proue thē to be greater then pri●sts : nor doth he fetch this his second reason from iurisdiction , but from distinction , as you see , in his plaine words : and therfore these other words of m. barlow written in great letters , that they haue the same ( to wit iurisdictiō ) which the apostles had , and did succeed the apostles therin ; this i say , is falsely put in , and he did well to write the word ( therin in markable great letters , for that it contayneth a markable fraude , no such word b●ing in bellarmine to that sense : nor did all fathers , nor any father teach this , that bishops succeed the apostles in apostolicall iurisdiction ; but rather the plaine contrary , as is largely proued in the other places , ci●ed out of the fou●th book de pontifice , where the negatiue is put downe by bellarmine as you haue heard , concerning apostolicall iurisdiction ; to wit , that bishops do not therin succeed vnto the apostles ; which though of it selfe it be euident , for that euery bishop hath not iurisdiction ouer the whole world , as the apostles had , nor may teach , or preach , or build churche● throughout the world , as they by their vniuersal iurisdiction might : yet doth bellarmine proue the same largely t●roughout foure whole chapters togeather , shewing that al●eit christ our sauiour did giue immediatly vnto all the apostles , vniuersall iurisdiction ouer the world ( but yet differently to s. peter from the rest , for that he was appointed to be the ordinary high pastour ouer the same , and they extraordinary , and consequently he to haue successours in his vniuersall iurisdiction , and they not : ) yet doth he not so giue it to all their successours , but only mediatly by the chiefe ordinary pastour of al , which is peters successour , and that also with more limitation of place : wherof ensueth , that no bishop , besides the bishop of rome , though he succ●ed the apostles in dignity of episcopall order ; yet doth he no● in iuri●diction , but receiueth that mediatly only from god , by the sayd bishop of rome . and this doth bellarmin proue , ( to wit , that all bishops take their iurisdiction from the bishop of rome ) by eight seuerall arguments out of scriptures , fathers , councells and reasons in one chapter , which is the . next following , and answereth all the arguments obiected to the contrary , to wit , fix by name , repeating often and prouing , that in this power of iurisdiction , episcopi non succedunt proprie apost●lis , bi●hops do not succeed properly the apostles : expounding also what he mean●th by the word properly● dicuntur episcopi ( sayth he ) succedere apostolis non proprie , eo modo quo ●nus episcopus alteri , vnus rex alteri , sed duplici alia ratione , primò ratione ordinis sacri episcopalis , secundò per quamdam similitu●inem &c. bishops are sayd to succeed the apostles , not prope●ly , as one bishop succeedeth another , and one king a●other , ( in all their power and iurisdiction ) but two other wayes ; the first by reason of sacred episcop●ll ord●r which they haue , which the apostles had : and secondly by a certaine similitude or proportion , that as the apostles were the ●irst , and immediate vnder christ , when he was vpon earth , so are bishops now vnder the chiefe bishop &c. a●l which being set downe so clearely in bellarmines owne words , and writings , heare i pray you what modest conclusion m. ba●low maketh of all that is said . if he stand ( saith he ) on the place where the negatiue is , to wit , in the fourth booke de pontifice , there indeed the cardinall , driuen to ●is shif●s , is forced to coyne this distinction : but yet that salues not the contradictiō , but maketh it greater . for therin he sheweth , that he mani●estly opposeth both himselfe and all the fathers . for in superiority of iurisdiction bishops by testimony of all the fathers succeed the apostles , as himselfe con●esseth , proueth , and approueth in this place . so he . and what shall we say now to this ? was there euer the like dealing or māner of answering , to out-face a man , against his owne words , proofs , and protestations ? doth bellarmine confesse , proue , and approue in this place , that bishops do succeed the apostles , in their superiority of iurisdiction , receaued immediately frō christ , which he hath impugned before by so many strong arguments ? in what law of modesty doth this lye , to affirme such things ? but see , i pray you , how cōtradictory he is to himselfe , euen in these few lynes . for if bellarmine were driuen to coyne this distin●tion , that bishops did succeed the apostles in dignity of order , not in power of iurisdiction , then cannot he be sayd to confesse , proue , and approue , that they do succeed in superiority of iurisdiction , as here m. barlow affirmeth him to auouch . and can there be any thing more contradictory then this ? and is not passion a great infirmity , that driueth a man to these absurdities ? i will let passe that childish , though malicious scorne which he vseth against cardinall bellarmine in comparing him with d. vvhitaker , whose name ( sayth he● though dead , like zisca his drume , is a terrour to bellarmine : alluding vnto that famous roguing rebell of bohemia , zisca , who enraged with the drunkennes of iohn husse his new heresie , vpō the point of some two hundreth yeares agoe , tooke armes against his lawfull soueraigne , made an army of the common people , that were put into madnes with the same heresy , tooke castels , spoyled townes , bu●ned villages , monasteries , murthered in●inite people , especially o● the clergy , and finally died so miserably blind , both in body and soule , that as hauing not any one eye corporall left him : so seemeth he ( though m. iohn fox do set him d●wne for a saint and confessour of his church , in his ecc●●siasticall kalender , vpon the fifth day of february ) to haue had no lea●t part of any spirituall eye in his sou●e ; for that men comming to him as he lay on his death-bed , to know how he would be buried , & what sort of obsequies he would haue , he answered most prophanely , that they should ca●t him out where they would , that ●oules might deuoure his flesh , but that first they should take of his skinne , and make a drum therof , assuring them , that his enemies ( the papi●●s ) would fly vpon the only noise of the same . this is the witty , and modest comparison that m. barlow thought good to vse betwene cardinall bellarmin , and d. vvhitaker ; and of the terrour that m. vvhitakers name , being now dead , doth strike into bellarmine , as o●ten as he heareth it , no lesse then the drum of zisca . but how like soeuer m. vvhitaker might be to zisca for his sect and religion ( scarce setled peraduenture in any ) i will not dispute ; but for the terror of his drum to bellarmine it is ridiculous to them , that haue read , or do read both their works . and surely what miracles m. vvhitakers memory , or skin may worke now after his death ( especially if it should be made into a drum , as that of zisca was ) i cannot tell , but sure i am , his tongue , and pen wrought few miracles , whilest he was aliue . and that is euident both by his owne writings , and of others against him , as well in english , as that of m. d. stapleton , m. gregory martyn , and m. vvilliam reynolds ; as also in latin , of the said d. stapleton in two bookes , duraeus , and gretz●rus haue euidently d●clared . and to repeat only a note or two , giuen by the said m. reynolds , whome all men know to haue byn a very modest man , and for many yeares to haue byn a great protestant , his censure was very meane of m. doctor vvhitakers learning , as may appeare by his booke against him , ascribing vnto him very shallow knowledg , and in●olerable arrogancy , in condemning all doctors and fathers , as appeareth both in his preface p. . . and in the ensuing book pag. . . and againe he sheweth , pag. . that he vnderstandeth not the protestant doctrine of only faith , which he taketh vpon him to defend . moreouer he sheweth , pag. . . . . . . . how he contradicteth himselfe most mani●estly : and that this is his custome , which is no signe of exquisite learning as all men know . and finally to enter into no more particularities , i will cite only halfe a score of lines , if they be so many , of m. reynolds words , concerning m. vvhitakers ignorance , discou●red in one only paragraph . in this paragraph , sayth m. reynolds , you commit as many errors as lightly you may . for first you vnderstand not m. martyn , whome you go about to confute . secondly you vnderstand not s. paul alleadged by him . thirdly you vnderstand not s. paul alledged by your selfe . fourthly you vnderstand not the state of the question , of which you talke . and lastly you vnderstand not your selfe , and the doctrine of your fellowes . thus he . and presently proueth all these ignorances , one by one , in such sort , as i see not how any of them may iustly be denyed . and yet ( forsooth ) this is the man , whose skin and drum m. barlow will haue to be a terror to bellarmine . let vs put this to his other follies , and so an end . but if this do not suffice , let m. barlow if his leasure serue him , reade the two books of m.d. stapleton , against m. vvhitaker , and he shall soone see the mans weight and worth , and what drum might be made of his skin , or rather what scar-crowes , to feare fooles , for learned men he can neuer feare , that was himselfe so ignorant , and so euer esteemed amongst them , in his life-time ; wherto we may add this for an argument , that his large latin duplication against the said doctor , was held by all to be such poore stuffe , as it lay on the printer ( legats ) hands for want of sale : in so much that he was forced to make sute to m. chatterton ( your predecessor m. barlow in the sea of lincolne ) in respect of the great multitude of ministers in that diocesse , that he would cause thē to buy the copies , therby to ease his charge , who otherwise was like to be much ●ānified , if not vndon by the printing of such a worthlesse worke , which of all the works of bellarmine and stapleton , you shall neuer heare of to haue happened , though they haue byn printed , and reprinted diuers times . there followeth the fourth contradiction obiected to cardinall bellarmine , about iudas , where he is accused to ●ay in one place of his works , to wit , lib. de pontifice , cap. . that iudas belieued not : and yet in another place , lib. . de iust ficatione c. ● he sayth , that iudas was iust , & certainly good , which i say was no contradiction at all , if we respect the two seueral tymes , wherof card. bellarmine did speake , prouing out of s. iohns ghospell , that iudas in the beginning was good , and did belieue , but afterward , he became euill , and lost his fayth . this was the summe of my answer : and the cardinalls booke comming out afterwards , hath the same in effect in these words : distinguish the tymes , you shal agree the scriptures . iudas belieued , and was iust , and good , in the beginning of his election ; but afterward he yealded to the tempter , and not only did not belieue , but became a thief also , and betrayed his lord , and lastly hanged himselfe . so he . and now what do you think , that m. barlow out of his ingeniosity will find to bring for maintenance , that this was a true contradiction in bellarmine ? truly he will adventure far to find somewhat , though it be to his owne shame and discredit . let vs heare his mad defence . ioyning●sayth ●sayth he ) of the aduerbe verè ( by bellarmine ) that iudas was truly righteous , and certainlie good , and yet did not belieue , makes it a contradiction incurable . and to the end that his fraud may be more notorious , he writeth the wordes truly , certainly and not belieue , in great letters . but now if you looke vpon cardinal bellarmines words , you shall find first , that he doth not ioyne the aduerbe vere , that is truly righteous , nor the others of certainly good at all ; his words are these : domini●o ●o annis . pater quos dedisti mihi custodiui , nemo ex eis periji nisi filius perditionis . si pater de dit illum filio , certe bonus erat . that iudas was sometimes iust , s. hierome doth proue out of the words of s. iohn . father i haue kept those , that thou hast giuen me , and none haue perished , but the sonne of perdition . if god the father gaue him to his sonne , truly he was then good . heere then you see that there is no ●ere iustus , truly righteous , as m. barlow hath thrust into bellarmines words . and albeit he sayth , certe bonus erat , yet certe is not referred to bonus , as is euident . these are then two willfull corruptions . but the third is much more eminent , that he maketh bellarmine to say , that notwithstanding that iudas was truly righteous , and certainely good : yet did he not belieue . wheras bellarmine sayth , he did belieue , and so is it set downe in the forme it selfe of the obiected contradiction , saying ; that first he did belieue , when he was chosen an apostle , and that then he was iust : but afterward he lost his faith , and did not belieue . and now wil m. barlow for making vp of some shew of contradiction against bellarmine , make him say , that at the one , and the selfe same tyme , iudas was truly righteous , certaynely good , and yet not belieued . and to shew that this is an absurd proposition , he maketh a long discourse out of scriptures and fathers , to proue , that without fayth a man cannot be truly righteous , nor certainely good , as though cardinall bellarmine had denied the same . is there any shame in these men ? but after this againe , he goeth further in another place , demanding ; whether , supposing iudas to haue belieued at the beginning , his fayth were ●ormata or no ? that is , informed by grace , working by charity ; ●llead●ging aquinas in these words : surely in him that hath such a ●aith aquinas sayth , nihilinest damnationis , there is no damnation for being once had , it cannot totally , and finally be lost : nor is it more separable from him , then the essentiall forme of any thing frome the subiect , which it denominates . thus he . and will not euery man that readeth these words , thinke that aquinas doth hould all this doctrine heere auerred , that fides formata once had , cannot be finally lost ? m. barlow hath holpen the matter the best he can to deceaue his reader , in not citing any place of aquinas , where he houldeth this , for that he could not do it : but they that are acquinted with aquinas his bookes , and doctrine , know him expresly to teach the cōtrary , as the reader may see , if he li●t to peruse the places here quoted , where he purposly proueth , that charitas semel habita potest ami●●i , and for that charity is the forme of faith , it followeth by necessary consequence , that fides formata , to wit , a iustifying faith may in aquinas his opiniō be lost : and herof no catholicke deuine can doubt . so as the impudency was strange , in charging aquinas with this , which is the proper heresie of iohn caluin : but much more that in the very place , whence this pretended contradiction , about iudas , is taken , to wit , out of bellarmines third booke de iustificatione , bellarmine doth proue by eight examples out of scriptures the quite contrary , to wit ; that fayth , and iustice being once had , may be lost againe . what will m. b●●low answere to all this ? wil not his friends blush for him in this behalfe ? or will not euery iudicious reader make a pause here , and say , that it is a strange misery of a cause in religion , which cannot be defended , but with such grosse , & palpable falshoods . let vs leaue thē these obiected contradictions and passe to some other things . the cardinal hath answered al the rest him selfe ; nor did i think it good , that wrot besore him , to preuent him therin , nor yet to ●asse any further , hauing proued these first foure to be such , as now you haue seene : though m. barlows defence hath made the matter far worse . of the contentions of svndry other emperovrs , kings , and princes with popes of their times , in temporall affaires : obiected as arguments against the security of acknowledging the popes superiority . vvherin many fraudes and forgeries are discouered in m. barlow , particulerly concerning fredericke the second , and his contentions with popes . chap. v. this argument of the temporall dangers imminent to princes , as is pretended , by acknowledging the popes supreme authority , and of so many hurts and dangers ensuing therof , though we haue ●omwhat largely handled before by occasion of the examples obiected of the emperours henry the . and henry the . yet here are we forced to re●terat● the same argument againe : for that many more examples are obiected , concerning the sayd henry the fourth his doing pennance at the ca●tle of canusium , inforced therunto by pope gregory the . as also of the emperour fredericke the . forced by pope alexander the third to lye a groo●e on his belly , and to suffer the other to tread on his neck : of philip the emperour sayd to be slaine by otho , at the popes motion : of the emperour fredericke the second excommunicated and depriued by pope innocentius the . & procured afterward to be poisoned : that pope alexander the third wrote to the souldan to poison the emperour , & sent him his picture to that effect : that pope alexander the sixt caused the brother of baiazetes the turkish emperour named gemen to be poisoned at his brothers request , and had two hundred thousand crowns for the same : that our king henry the second , besides his going barefoote on pilgrimage , was whipped vp and downe the chapterhouse , like a schoole boy , and glad to ●scape so too : that the father of the moderne king of france was depriued by the pope of the kingdome of nauarre , and himselfe ( i meane this king of france ) forced to begge so submissiuely the relaxation of his excommunication , as he was content to suffer his embassadour to be whipped at rome for pennance . all these examples ( sayd i in my letter ) were heaped togeather to make a muster of witn●sses , for profe of the dangers that princes persons are , or may be in , by acknowledging the popes supreme authority : adding this for answere . but first ( quoth i ) in perusing of these , i find such a heape indeed o● exaggerations , additions , wrestings , and other vnsincere de●lings , as would require a particuler booke to refute them at large . and the very last here mentioned of the present king of france , m●y shew what credit is to be giuen to all the rest , to wit , rome● & the latin interpreter turneth it , vt legatum suum romae virgis caesum passus sit , as though he had byn scourged with rodds vpon the bare flesh , or whipped vp and downe rome ; wheras so many hundreds being yet aliue that saw the cerimony ( which was no more , but the laying on , or touching of the sayd embassadours shoulder with a long white wand vpon his apparell , in token of submitting himselfe to ecclesia●tical discipline ) it maketh them both to wonder , and laugh at such monstrous assertions , comming out in print : and with the same estimatiō of punctual fidelity do they measure other things here auouched . as ●or example , that our king henry the second was whipped vp and downe the chapter-house , and glad that he could escape so too , ●or which he citeth houeden , and this he insinuateth to be by order of the pope : in respect wherof ( he saith ) the king had iust cause to be afraid . but the author doth plainely shew the contrary , first setting downe the charter of the kings absolution , where no such pennance is appointed : and secondly after that againe in relating the voluntary pennance which the king did at the sepulcher of s. thomas , for being some occasion of his death , doth refute therby this narration , as fraudulent , and vnsincere , that the king was whipped like a school boy by order of t●e pope , as though it had not come from his owne free choice , and deuotion . thus sayd i in my letter . to these two last examples of whipping , both in the king of france his ●mbassadour , & our king henry the second of england , m. barlows reply is only in certaine scoffs for intertaining of t●●e . a wand ( saith he ) was laid so●tly on the embassadour of france his shoulders &c. is the rod of ecclesiasticall discipline in rome , turn●d now in●o a white wand so●tly laid on ? againe after : herby a man may coniecture , what the sel●e-whipping of iesuits , and roman●sts is . vvill they not s●y when they haue the ●●ip in their hands , as s. peter said to his maister , parce tibi : be good to your sel●e syr ? for no man yet euer hated his owne flesh , but nourished it : which is a better place of scripture against selfe-whipping , then t●e pop● hath any for turning the rod of correction , into a wand of cerimony . so he . and whether it be a better place of scripture or no , i wil● not decide : but sure i am , that the practice is more ●asy and sweet to nourish a mans owne flesh , then to disciplin the same ; and more allowed , i doubt not , by m. barlow , & such as follow his spirituall directions . but yet about this better place of scripture auouched by m. barlow , against whipping , it shall not be amisse to consider somewhat , how rightly it is aleadged , and therby see what becōmeth of scriptures , when it is once brought into these mens possessions . the place is cited togeather , as you see , all in a different letter , as if s. peter had spoken the whole ; & yet in the margent he quoteth matth. . and ephes. . wherby those that are learned vnderstand , that the former words only of parce tibi : spare your selfe syr , are of s. peter , and the later , of nourishing our flesh , against disciplining , is of s paul. and not to stand vpon the former clause , albeit that it differ from the vulgar translation , surely the place of s. paul beareth not m. barlows sense and application against disciplining of our flesh , which is so farre of from the apostles true drift and meaning , as nothing can be more . his words are these : husbands ought to loue their wiues , as their owne bodies , and he that loueth his wife , loueth himselfe , for no man euer hated his owne flesh , but nourisheth , and cherisheth the same , euen as christ the church . and is this so good a place of scripture now , as m. barlow saith , against selfe-whipping , for so much as here the apostle speaketh of husbands nourishing and cherishing their wiues , as christ doth his church ? which though he loued as his owne flesh , yet doth he often whip and chasten , as all men do both see , and feele , that liue in her . this then is impertinent , and nothing to s. pauls meaning . but what ? were it not a better place to the contrary , for whipping and chastening a mans owne flesh voluntarily , when the same apostle saith , cas●igo corpus meum , & in ●●r●itutem ●e●igo : it do chasten my owne body , and doe bring it into seruitude : the greeke word also being more forcible , to wit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth to make blacke , or ●lew : as also where he talketh of vigiliae , & ieiunia multa , of manie vigills and fastings , practized by him , and other apostles . doth not this proue that a selfe-chastizing of a mans bodie is pleasing to god ? what will m. barlow say to that other precept of ●erram● do you mortifie your members vpon earth . doth not voluntary mortification of the members of our body include voluntary cha●tisment of the flesh and consequently allso whipping sometimes if need require ? what will he say of that crucifying our members , wherof the same apostle speaketh ? doth not crucifying imply as much as self whipping ? but it semeth that these things are strange paradoxes to m. barl. that was neuer acquainted with the same , but being accustomed rather with the other pa●t of the sentence of nourishing & cherishing his flesh , by good cheere , soft apparell , and other delicacies of life , so far ●orth as he hath bene able to procure it , laughing at them that ta●ke o● whipping , quia ani●alis homo non percipi●●a qu● 〈◊〉 sp●●itus d●● because the fleshly man doth not vnderstand those thing● that appertaine to the spirit of god. and this shal be a sufficient answer to m. barlowes trif●ing about whipping , both in the king of france his embassadour at rome , and king henry the second at canterburie in england . but yet one thing is to be noted , for conclusion about whipping king henry the second , of whom it was sayd before , that he was whipped vp and downe the chapter-●ouse , like a schoole boy , and glad to escape so too : now being pr●ssed by my answer thereunto out of houeden , and other witnesses that the penn●nce which king henry did there , was voluntary , and not enioyned by the pope : now ( i say ) m. barlow answereth it thus : vvhether the pennance were voluntary or enio●ned to the king , who maketh the question ? the apologer said no such thing &c. but let the words themselues now recited be iudges in the matter , which say , that he was whipped vp & downe the chapter-house like a schole boy , and glad to escape so too . doth this import voluntary or inuoluntary whipping ? and how then can m. barlow say , that the apologer said no such thing ? for if he were glad to escape so too , who will not inferre , that he would haue escaped with lesse whipping , if he could , and that therefore the same was in●erred ? which is y●t contradicted by those historiographers that recount the same . and i think m. barlow will find very few school-bo●es that are voluntarily whipped . there remaine now the other examples of the emperours frederick the first , henry the sixt , and the rest before mentioned , affirmed to haue bene iniuriouslie dealt withall by popes of their time . all which i might iustly pretermit , as prouing nothing against our case of the oath , though all were graunted , which hath bene obiected about them . for suppose that some popes had dealt hardly , and rigorously with some emperours , kings , and princes , that should no more take away his authority , then it should take away any kings authority , if he should offer iniury to one , or more of his nobilitie . but besides this , i sayd further in my letter , that in examining the particulers , i found many exaggerations , additions , wrestings , and vnsincere dealings in the alleaging of these examples . and as for the first of fredericke , that he should ly a groo● on his belly , and suffer pope alexander the third to tread on his necke , and say , super aspidem & basilis●um &c. is a great exaggeration , and refuted as fabulous by many reasons , & authorities of authors alleadged by card. baronius , to whom i remitted the same , for that the discourse therof was euer long to be repeated by me in that letter . the other exāple also of henry the . emperour , whose crowne c●l●stinus the pope is accused to haue stroken from his head with his foote , after he had set it on , i held in the same number of fabulous narrations , for that it being sayd to be done in rome , it was only mentioned first by an ●nglish writer roger h●ueden , that liued so many hundred miles from the place , and thereby might easily be deceaued , as reynold of ch●ster in like māner was , that took it of him . wh●ras no other writer o● other nations , eyther present 〈…〉 coronation , when the thing is fayg●ed to haue bene done●● god● fridus 〈◊〉 secr●tary to the said emperor ) n●r other writers afterward relating the said coronation , a 〈◊〉 , b na●●●●rus , c sab●ll●●●s , d blondus , e sigoni●s and f 〈◊〉 do so much as o●●● make mentiō therof , which ●s ●m●rob●●le that they would haue pretermitted , being so 〈◊〉 a ●oint , if it had fallen out . to this last example , and my answer about the same , m. barlow hath no reply to make , but that baronius seemeth to take it for a truth , and graceth it , saith he , with a symbolical hieroglyphike , expressing what the pope should meane in doing so . whereto i answer , that baronius relating the matter out of roger houeden , doth neither affirme it to be true , or false , but according to that narration of houeden expounds what it might signify if it had bene true , and as it was ●ould houed●n in england . but so many other authors that speake of that coronatiō , & mention not this other f●ct , as ●ow we haue alleadged , do make the negatiue much more probable . and as for the former about fredericke the first emperour , and pope alexander the third , i 〈◊〉 to stand to my former remissiō therof , to the large di●cussion of cardinall baronius , far ouer long to be brought in , into this place : but there all may be seene at large , to wit , the meeting of the said pope and emperour at venice , vpon the yeare . the kynd and friendly reconcilement betweene them , written by the second archbishop of sal●rnum called rom●aldus , who was legate or ●mbas●ad●ur to the king of sicily , & was present , & saw all that pass●d : whose recordes are yet extant in an ancient got●icall character aswell in the church of sal●rnum , as in the vaticam library . he proueth the same also by the epi●●les & act●s themselues of pope alexander yet extant , and by the silence of all ancient writers that lyued then , or soone after , w●o m●ntioning all that passed very particulerly , do not make mention of this act of the popes putting his foot vpon the emperours necke , nor of any such spe●ch , as super a●pidem & ●asilis●ū &c. and finally he proueth the same to be a table , by the disconueniency of diuers other thing● there done to make peace , as that yt had beene the way to ouerthrow all , and to exasperate the emperour for euer , whom the pope sought by all meanes to pacific and gaine , and yt was contrary to that popes nature and condition , who was sweet and curteous , with sundry other arguments , which i let pa●●e , re●erring the reader to that co●ious discou●s● and declaration of his about this matter : agaynst all which , m. barlow now alleageth nothing of any moment at all , but inueighing ●irst against baronius for alleaging a manuscript in the popes librarie , one romualdus ( sayth he ) not yet extant in view , and for ought is knowne , may aswell be ●orged as true . and is not this good dealing , when ther● are so many authors o● credit in print , to a●●ow this s●orie ? one manuscript , vn●o●h , ●b●●ure ●rit●r must encou●t●r the credit of them all . so he . and ag●ine after he tea●meth the said rom●aldus , a vatican desk-creeper &c. but the answere is easie , that the printing o● a booke , maketh it not of greater authority : for then no worke had beene of authoritie , some hundred yeares agoe when there was no print in the world , but all were manuscripts . and as for the truth of this s●orie , baronius toucheth so many particulers of the two libraries where the worke is extant in gothicall characters , which euery man may see and read , as no probable doubt can be that he hath deuised or faigned it ; as there may well be of vvalthramus naumburg●nsis so often alledged against vs , of whom notwithstanding we haue no other certainety then the credit of flaccus illyricus the lutheran , which with vs is very small : wheras baronius remitteth all men to these two auncient manuscripts , stil extāt and to be seene by al that wil. and as for some later writers obiected by m. barlow to haue affirmed the same of fredericke , baronius his answere a●ter many other proofs , is this : si quid huiusmodi per alexandrum papam &c. if any such thing had byn done by alexander the pope , how would these writers , that were present and wrote euery least thing that was done , yea did set downe euery seu●rall thing , in the very words that they were sp●ken there , & that with all diligence , as we haue seene now the kings legate romualdus to haue done : how i say , is it probable , that they would haue pretermitted this matter , so strange , so new , so mon●●rous for the indecency thereof , there being also so many emulators , and of faction ag●inst the pope ? would no one of them set it downe in their writings , or so much as make mention therof ? so ba●o●ius . there followeth in the third place , the story of the emperor philip , of which i wrote thus before : that also of the emperour philip , affirmed to be slaine by otho his opposite emperour , at the incitatiō of pope innocentius the third , is a meere slaunder , for that according to all histories , not otho the ●mperour , but another otho named of vvitil●spacke a priuate man , and one of his owne court , vpon a priuate grudg did slay him . albeit vrspergensis , that followed the ●action of the emperours against the popes , do write , that he had heard related by some the speach here set downe , that innoce●tius should say , that he would take the crown from philip , or philip should take the myter from him : yet he sayth expresly● quod non erat credendum , that it was not to be belieued . and yet is it cited here by our apologer , as an vndoubted truth , vpon the only authority of vrspergensis in the margent . to this also m. barlow hath very litle to reply , & might wel haue held his peace ; but that he saw himselfe obliged to say somwhat . wherfore first he granteth , that such a mistaking of one otho for the other , might be in so intricat a story . then he goeth about yet further to amēd the matter , by this euasion , that it was not sayd , that philip was slaine by otho the emperour his hands , but that otho slew him , which may ●e re●●rred ( saith he ) to his meanes , rather then to his hands . but what is this to our purpose , who do seeke which of the otho 's did slay philip ? and vrspergensis who then liued , saith , that he was slaine by otho the count , without any mentiō in the world of any procurement therof by otho the emperour , and much lesse of the pope ; howbeit m. barlow maketh one nicolas cisucrus ( o● whome yet i had otherwaies no notice● to tell vs out o● vrspergensis , that not long after the p●ace was concluded mutual●y , what ●y the pope , what by otho , betw●ne them both , philip , was murthered in his chamber , and ●laine : putting the words , what by the pope , what by otho in di●●erent letters , and then the word both in capitall characters , to make his lye more visible , which otherwaies was gros●e inough of it selfe . ●or ●●re i am , that no such thing is to be ●ound in vrsp●rgens●s : & if cis●erus relate no other then he hath of him , it is very probable that he hath as little , and that all is framed out of the forge of m. barlows chymerical inuention . and as for the distinction , which he maketh in the same place , betwene conradus a lich●●na● , and abbot vrspergensis , i shall a little after in this chapter , vpon another occasion , shew it to be no more , then there is betwene vviliam barlow , and vvilliam ●incolne , as he stileth hims●l●e in the end of his epistle to his maiesty , to wit , that it is one and the selfe same man , and it is but a dreame of m. barlow to make them two . so likewise touching the other distinction● set down in the words be●ore alleadged , that the 〈◊〉 marke re●erred to otho the emperours meanes , as w●ll , or rather , ●●en to 〈◊〉 hands ; there shall need no further r●futation , 〈◊〉 the apology it selfe , saying : vp●●aith ●●aith he ) otho against him , who sl●●● him , and presently went to rome and was crowned emperour by the pope . do not these words affirme plainly , that otho the emperour , and not otho the count slew philip ? and yet doth his author vrsp●rg●nsis cited in the margent affirme expressely , that otho the count , and not otho the emperour slew him , as now hath bene sayd , which m. barlow here granteth , though with an exception , saying : for the count he is plaine , of the emperour he sayth nothing : silence omits the relation , excuseth not the guilt . by which words it seemeth that he would say , that albeit otho the count did sl●● philip , yet oth● the emperour had his hand therin . but what one author can he alleadg of any credit , that saith the same ? he alleageth for a coniect●re , and vrg●th t●e words of the pope before cyted ; that he would either take from philip his crowne , or philip should take ●rom him his m●t●r , which being related only by vrspergensis , as a 〈…〉 , he addeth notwithstanding , quod non erat cr●den●●● , that it was not to be belieued : which word● m bar●●● now corre●t●th , s●●ing , that his true words are , dissi 〈…〉 , & vi● credendum , which he eng●isheth thu● ; 〈…〉 , was a hard thing to be related , and scarsely 〈…〉 , wherin you see that he helpeth the dye ( to vse m. m●●ton● phrase ) by a fauourable translation . the substance is not any thing different from the summe of his words which i set downe before . there ensueth in the fourth place , the obiection about the ●mperour frederi●k the second , of whō i wrote in my letter thus . the like may be said of the tale of fredericke the second , attempted to haue bene poysoned , first in apulia by pope innocentius the . and afterward effectuated by one man●redus , as hyred by th● pope : which is a very tale indeed , and a malicious tale . for that he which shall read all the authours that write of his life , or death , as platina ( whom the protestants hould for free in speaking euil of diuers popes ) blondus , sabellicus , nauclerus , crantzius , sigonius , & others , shall fynd , that as they write very wicked things committed by him in his life : so talking of his first danger in apulia by greiuous sicknes , they make for the most part no mention of poison at all , and much les●e as procured by pope innocen●ius , praysed * for a very holy man , & to haue proceeded iustly against fred●ricke . and s●condly for his death , they agree all , that it was not by poyson , but by stop●ing his breath and stifeling him in his b●d with a pillow , by man●redus his owne bastard-sonne , to whome he had giuen the princedome of ta●entum , for 〈◊〉 l●a●t he should take it ●rō him againe , & b●stow it vpon conradus his other sonne . but that the pope was priuy to this , or hyred him to doe the fact , as our apologer a●●irmeth , there is no one word or syllable in these authors thero● . but you will sa● , that he cyteth one petrus de vineis in his margent , and cus●●nian in the life of fredericke , both which are but one author ; for that cuspiniam p●of●sseth to t●ke what he sayth , out of petrus de vin●●s , which petrus was a seruant to fredericke , & a professed enemy to the pope , and wrote soe parti●lly of this contention , as pope innocentius himselfe wrote apologe●i●os● ( as blondus record●th ) apologeticall books , to confute the l●e● of this pet●us de vin●●s in his li●e tyme. and yet you must note , that ●● auouc●eth not all that our apologer d●th , with soe much stomacke , or affirmatiue ●ssertion . for thus relateth cuspinian the matter out of petrus de vineis : non potuit ca●ere , &c. the emperour could not auoid , but when he returned into apulia he perished with poyson , the . yeare of his raigne , and . of his age , on the very same day that he was made emperour . for wheras at the towne of horenzola in apulia , hauing receaued poyson he was dāgerously sicke , and at length , by diligence of phisitians , had ouercome the same , he was s●ifeled by man●redus his bastard-sonne , begotten of a noble woman his concubine , with a pillow thrust into his mouth , whether it were , that man●redus did it as corrupted by his enemies , or by the pope , or for that he did aspire to the kingdome of sicilia . so he and albeit , as yow see , he sayth more herein against the pope , then any of the other authors before mētioned for that he desired to cast some suspitions vpon him : yet doth he it not with that bold asseueration , that our apologer doth , saying : that both his first sicknes was by poyson of the popes procurement , and his murthering afterward by hyring of manfredus to poyson him againe : wheras the other ascribeth not the first poysoning to the pope ( if he were poysoned ) neyther doth so much as mention the second poyson , but onely the stifeling , and finally leaueth it doubtfull , whether the same proceeded from the emperors enemies , or from the pope , or from his sonnes owne ambition , and emulation against his brother . thus much i wrote then . whereunto now m. barlow endeauoureth to make a large reply , but without any re●utation in e●fect , of that which is said : only in words he seemes to wrangle , wherein i meane not to follow him , but with breuity , to see whether any thing in substance be contrary to that which heere is set downe . the points in controuersie are : first , whether frederick the emperour dyed by poyson : then whether he were murthered by stopping his mouth with a pillow by man●redus his sonne : and thirdly whether the pope had any part in the one or the other . the first two points are of small importance to our purpose , but only the third . about the fir●t t●at ●e died of poyson , my words were , that the most part of authors make no mention thereof ; but whether they doe or not , it litle impo●teth . m. barlow replieth to this , saying : that he was poysoned , there are as many ●or it , as otherwise : cus●inian , petrus de vineis , and matthaeus pari●tensis . w●erto i answere , that these three will not make one sure witnesse in this matter : for the first is of small credit , and withall so variable in his tale , as within the compasse of six lines he contradicteth notably himself . for hauing sayd , that v●n●no p●r●t , he died of poyson , in the same place he sayth , that by help of his phisitians he ouercame the poyson , and was stifled by man●red . and so our question being , whether he died of poyson , cuspinian sayth in the last place , no , but that he recouered of the same , and was choaked with a pillow . let m. barlow tell vs which we shall belieue : for that , he recouered , and died of the same poyson , is a cleere contradiction , and then i shall answere him further . neyther can petrus de vineis , as after i shall shew , be a witnesse at all , for this poyson . and truly it s. augustine i●s●ed at the iewes because against the truth of christs resurrection they brought forth dormientes testes , sleeping witnesses , much more may we laugh at m. barlow , for producing the blind braineles carcase of this peter , to write and testifie what passed a yeare after his death . for albeit there may be some mistaking in the sense of cuspinian , who ( as m. barlow afterwards telleth vs ) prefereth this petrus de vineis before the italian writers ( because he fitted his humor best ) for the truth of those things he writeth of frederick ; yet more exactly reading that author , i find that he speaketh not of his death , but of the other accidēts of that ●mp●rours life , to which that testimony of petrus de vin●is only by him is applied , which at the first sight , may seeme to be referred vnto all , i meane , as well to his death , as life . but m. barlow his errors are so grosse in this affayre , as they can be excused by no mistaking : for he doth not only often au●●re , that all which cuspinian hath , is taken out of petrus de ●ineis , but setteth downe , and that in a different letter , the very words as he would haue them seeme of this author , saying : in apuliam rediens veneno per●●t , sayth petrus de vineis . returning into apulia he perished by poyson ; and then citeth in the margent epist. lib. . but all is cogging and notorious forgery , as more at large shall afterwards be shewed , when we shall handle this authority more in particuler . and for the third witnesse , brought in for a supplement by m. barlow , to wit , matth●us parisiensis , i say , that neither he can be a sure witnesse of this poysoning , for that he affirmeth it not with that certainty , which m. barlow assureth his reader , when he sayth , certayne it is , a●d therin most agree , that the emperour was drenched , and had tak●n in the poyson before he came to apulia , potionatus venit in apul●am , saith matthew paris . but here i must cal vpon m. barlows vnsincerity in alleadging matthaeus parisiensis , to his owne purpose , and ●●auing out that which serued not his turne . matth●ws words are : ●edijt in apuliam , vt dici●●● potionatus ; he return●d into ap●lia , as it is said , drenched . why should m. barlow leaue out the words ( as it is said ) and yet infer a certainty vpon his words ? is this plaine dealing ? and as for the second point ; to wit , whether he died by poyson , or by stifeling , m. barlow though he alleadge nau●le●us , yet confes●eth , that allbeit he make mention of poyson , yet doth he no● determine it . but i doe add further , that the same nauclerus , in the very same place , and in the words immediately following , affirmeth the verie same that i doe say , that is , that the most part of authors do affirme , that he was killed by his bastard sonne mansredus . binnius also , he saith , is doubtful , in respect of the variance of writers . but by his leaue , he houldeth the opinion of his stifeling for probable : and lastly he saith , that s●●●nius houldeth that he died of poyson in apulia . but this is little to the purpose . for what authors besids sigonius , or sound arguments , doth m. barlow bring to proue , that the death of this emperour fredericke was by poyson , and not by stifeling ? wheras , first we haue for the later , in some sort sigonius himself , confe●●ing that it was so reported , but more assertiue by vincentius , ioannes villan●s , s. antoninus , blondus , platina , sabellicus , thomas fazelius , crant●ius , paulus lingius , cuspinian , and others , whom we omit ; for that these may suffice , to conuince the apologer affirming resolutely , that he died of poyson , which is the case now in question betwene vs , and denyed by me . and ●ere by the way ( gentle reader ) i cannot omit ( hauing since the printing of my letter , ●allen vpon another edition o● cuspinian , with large annotations vpon the same , by one vvolfgangus hungerus , a dutch m●n ) to let thee know also his iudgement herein : who hauing much trauailed , as it seemeth , to si●t , and search out the truth of this matter , reiecteth both the one , and the other opinion as fabulous , and proueth largely , that he died of a feuer , and that also very repentant . to which we may add the testimony of abbas stadensis , and matthaeus pari●iensis , who making mention of his finall repentance , absolution frō censures , & putting on the habit of the cisterciā monks , haue nothing of the poyson , or pillow , which matthew yet liuing at that time , by all likelyhood , should haue heard of the same , if any such thing had happened . and with the former authors agreeth also scardius the caluinist in the li●e of this emperour . and therefore that he should dye of poyson , is of all the rest most improbable : & it argueth small sincerity in m. barlow , in so resolute tearmes to affirme vncertainties , only to disgrace the sea of rome , which yet will more fully apeare by that , which is now to ensue in the third point ; to wit , whether pope innocentius procured his death , which m. barlow goeth about to proue thus . no author freeth the pope , saith he , from this matter : the only freedome which they giue him , is their silence o● him . and is not this s●r a good freing ? i● you had bene aliue at that time and should now be accused to haue had part in that fact , were it not a good freeing of you to say , the authors that wrote thereof , neuer so much as mentioned you ? bu● let vs heare you further : theyr freeing of him is by their silence of ●im , sa●e only one , to w●t matthaeus parisiensis , who acquitteth him thus : that indeed the enemies of the church gaue it out , that the pope had hyred one , what with money , what with promises , to poyson him● but doth he free him therby ? god knowes , saith he , whether it were true or noe , but ( absorduit domini pap● s●ma per hoc non mediocriter ) the pope got him a soule name by it : quoth that very author . thus m. barlow . but what proueth this very author against the pope in this matter ? to wit , that he was infamed by the enemies of the church . and may not this happen to the holiest man that is ? and did it not happen to our sauiour hims●l●e , and s. paul , and other great seruants of god ? and is the infamation of enemies sufficient with you , m. barlow , to condemne a man ? but now for this very author , brought in heere by m. barlow , and vrged against the pope , why doth he alleadg him so ca●telously , and with such sleights ? why had he not tould vs plainely , what he findeth in him , concerning the credit o● this his relation ? why doth he so closely couer & mince the narration , by telling vs a part , and not the whole , as it lyeth in the author ? he saith , that the pope was reported to hyre one to poyson the emperour , but he telleth not , who that one was , though his author doth , and maketh a large declaration therof in this very place cited by m. barlow , and sayth , it is was petrus de vineis , as afterwards shall be further declared , when we come to discusse m. barlows inf●llible demonstrations , which he bringeth in for proofe , that the emperour was poysoned by the pope , the chiefest of which is the authority of this petrus de vineis , whome m. barlow there exalt●th aboue the clouds : but we shall so pull him downe , as he shall be brought vnder the earth , and rotten also before that fredericke died , and so not in case to testify that , for which he is alleadged . and ●or that m. barl. to cōclude more forcibly against me , and more euidently conuince , that the emperour was poysoned by the pope , laieth downe two sorts of proofs , the one which he calleth strong presumptions , and violent inducements ; the other which he maketh more sure and e●iden● : i shal for once be content exactly to examine them both , and see what weight , or moment they carry with them , and whether they be sure foundations to build so much vpon , as m. barlow would make them . i shal therfore for better perspicuity , set downe his owne words at large , and then after examine them part by part . well then that the pope procured the emperors death by poyson , he goeth about to proue in this manner . the presumptions ( saith he ) are very strong for it ; for sure it is , that the pope hated him so extremely , vt noc●es , di●sque ( saith cuspinian ) that day and night he deuised how to destroy him . saul not more eager in the pursuite of dauid ( yet he eyed him and followed him as the hawke doth the partridg ) then pope a●ter pope was in pursuing that emperor , more like diuels then christians , if their owne stories be true . he is excommunicated and depriued of crowne and allegiance , vpon sleight pretenses by them ; he is procured by them to promise in per●on to go into the holy-land against the ●urke ( euen as iason by p●lias into col●hos for the goulden-fleece ) that in the meane time they might ri●●e his territories in his absence , and so they did indeed . the emperour by reason of his dangerous sicknesse , was forced to stay his iourney one yeare ; the pope tooke it for a dissembling , and excommunicated him for his delay ; the emperour sending his embassadors to rome with their affidauit , to make fayth for his sicknesse , the pope would not admit them to his presence . next yeare , to satisfy the pope , the emperour determined his iourney , but before his going , he called a counc●●l of his princes to rauenna , which he appointed also for the place of r●ndre-●ous for some of his souldiers to attend him . the pope caused them to be stayed from that meeting , way-laying the coasts of verona and mil●an , and tooke order that the souldiers should be spoiled , that were prepared for that expedition against the tu●ke ; which , alas , is a shamfull thing to speake of , sayth the abbot that wrote it . the emperour being in the holy-land , and in battaile against the turke , the pope ( in his absence ) enters apulia ( part of the emperors dominions ) surpriseth and takes it to his owne vse , and keepeth backe all supply of souldiers that should go ●or aide of the emperor in that holy warre : and ( which is the height of all impiety ) the emperour hauing performed his promise by this iourney , requesting absolution from the pope , he , not only with contempt denied it , but cōmanded the christian souldiers in a●ia , to leaue the emperour to the turkes malice , as being a publike enemie of the church ; and dispatched secret letters to the patriarke of ierusalem , and the souldiers there , to rebell against t●e emperour , a● blondus ( the popes soothing flatterer ) is forc't to confesse : and by priuate letters ( which were intercepted by the emperour , & wherof he complaines ) dealt with the saracens to make no truce with the emperour , nor to deliuer the crowne of hierusalem vnto him , though he should winne it by conquest . and when the emperour sent letters of ioyfull aduertisment to the pope , of his victory and truce taken with the turke , the pope threw away his letters in disdaine , and caused it to be giuen out through the empire , that the emperour was dead ; vpon which rumor , there grew a de●ection of many citties from the emperour to the pope ; and those valiant souldiers ( the almaines ) which were returned from that christian expedition against the turke into apulia , were designed to be slaine by the inhabitants , vpon this rumor . vvhat is this ( will he say ) to the popes consent for his poisoning ? surely they are violent inducements , that he thirsted a●ter the emperours death which way soeuer : for he which would arme the emperours owne souldiers against him ; cause a treacherous reuolt from him while he was fighting the lords battails ; betray him into the mouth of christs sworne enemy ; inuade his possessions in his absence ; disperse ●al●e rumors of his death , contrary to truth and his owne knowledg ; and by contempts and anathema's do his best● or worst to breake his heart : would make little accompt or conscience to dren●h him out of this life , if opportunity & secrecy wou●d concurre . thus you see , i haue fully set down m. barlows loathsome discour●e : now let vs briefly examine the substance , and truth therof . and wheras he doth so odi●●sly accumulate the rigorous proceedings , as he would haue them to seeme of diuers popes against the ●mperour ; yet doth he , as you see , fraudul●ntly dissemble & conceale the emperours demerits , and misbehauiour against the church , and whole state of christianity , ●●s●ifi●d by so many authors , as he may be ashamed to plead ignorance of it : as it may appeare , first by that which binnius , out of others setteth downe , of the causes of his excommunication by gregory the . in these words : fredericum secundum tamquam ●oedifragum , sarace●o●●m sautorem &c. gregory did ius●ly , and worthily excommunicate fredericke the second , as a league-breaker , a fauourer o● saracens , a deceauer of the king of hierusalem , yea , and of all the christians that made warre in asia against infidels , a breaker of his vow , often confirmed by oath to make warre against the saracens , and whē afterwards he was absolued from c●nsures by the same gregory , and restored to the communion of the church , he added to his offences before abiured , other more gri●uous crimes , to wit , he besieged the citties of the church , and raised vp againe that most odious faction of the gu●lphs and gibbelines , after it had bene appeased for more then . yeares . he gaue offices to the saracens , and granted them a citty called nu●eria saracenorum . h● spoyled churches and monasteries : he tyrannically oppressed the sicilians : he dissuaded , and withdrew the king of tunis his brother , from his holy desire of baptisme at palermo : he stopped all the waies , for the assembly of the councel which pope gregory had called at rome : and finally he kept certaine cardinalls , and other prelats in prison , for which pope gregory excommunicated him the second tyme. thus he . all which may be seene more at large in the definiti●e " sentence of excommunication , and deposition exta●t in the councell it selfe of lyons , and related by matthew paris ; where also are specified diuers other particul●rs of his periury vpon periury , horrible abusing of the clergie , his assassinating of the duke of bauaria , the notorious suspition of his being an hereticke ( for as fazelius writeth , he tearmed moyses , and our sauiour impostors , & deum de virgine nasci non potuisse horrende protulerit ; and horribly pronounced that god could not be borne of a virgin , and the like : ) which albeit he partly excused , and resolutly denyed ; yet were the proo●es so euident , and euincent , that patrum omnium consensu ( saith fazelius , with diuers others here noted ) with common consent of all the fathers , he was excommunicated , and deposed . to which , if we add what all other authors ( excepting vrspergensis his follower , and fabulous cuspinian ) write of ●im , we shall find him a fit subiect for such an encomiast , worthy , i meane , to haue his prayses thus blazoned out by m. barlow . for none i thinke of any honesty , would euer go about to cōmend so wicked a man. but this whole matter will better appeare by the particul●r examination of that , which m. barlow here reporteth . he is excommunicated , and depriued , sayth he , of crowne and allegiance , vpon sleight pretenses by them . and are these sleight pretenses syr vvilliam ? it seemes your consciēce is not very ●trait that can swallow downe so fast such great gudgeōs . and the same to be no vniust charge against the emperour , great multitude of authors may be produced , which both for learning , truth , and credit , wil farre ouer-weigh the flattering collusion of one vrspergensis , of whome paulus a●milius ( seeing how he contradicted all manner o● authority ) in his french history writeth thus : abbas vrspergensis cius temporis aequalis , historias suas claudit laudibus frederici , insectation●que pontisicum &c. fama frequenter , & sensus propè omnium conspirans eum d●mnāt &c. abbot vrspergensis who liued at that time , endeth his histories with the praise of fredericke , and railing against the pope &c. the more common fame , and the conspiring consent almost of all men do condemn him . so he . but it sufficed m. barlow , that this abbot could flatter the prince , ●nd ra●l● against the pope , which are the most frequent flowers in all his writings . which two alone , with the huge heape of his lyes , being deducted out of this his large answer , that ●e●t which remaines may be ●hut vp in a le●se nut-shell , then that was , wherin ●lexander is said to ●aue kept homers iliades . but m. ba●low goeth on . he is procured ( saith he ) to promise in person to goe to the holy-●and , against the turke , that in the meane tyme they may ri●l● his territories , in his absence : and so they did indeed . so he . this is much wrested , or to speake more plainly , is a notorious vntruth , and framed out of his fingers ends , not only against the credit , and vniforme report of authors , but euen contrary to vrspergensis himself , on whome only he wil seeme to rely for ●is whole narratiō . for read vrspergensis that will , he shall not find him to assigne any such cause of the emperours sending : and if he haue it not , i would faine know vpon what authority m. barlow doth auerre it ? but we haue seene store of such legier-d●-main ; & if any one trust such a iugler further then he seeth with his owne eyes , he shall not tayle to be deceau●d . the most that , that schismaticall abbot saith , is , that the empero●rs enemies taking occasion of his abs●nce , inuaded his ter●ito●i●s . and if m. barlow will ●ay , that this is all one : although any blynd man will say , that there is great diuersity , then l●t him also combine these two togeather as one : when m. barlow was in londō , the earle o● ●ssex was beheaded● and m. barlow was in london , that the earle of ●ssex might be beheaded . and if he cry out against this la●●r , i will ●lso cry shame on the former , for they are both of one stamp . the true causes then why the pope cau●ed some of his states , as namely apulia , to be inuaded , are diuers : ●irst the certaine aduertisement he had receaued of a fraudulent peace made by him secretly with the soldan , before he d●parted out of italy , and in confirmation therof , vpon his arriuall at acra in syria , his mar●hall depa●ting from him , with part of his army , attended not ( saith s. an●oni●us ) to fight against the saracens , but against the christiās , whom he spoyled , as they returned victorious with great booty gotten of their enemies , killing many of them , taking many prisoners , in accōplishment , as it is thought , of his ●ecret agreement before made . ●o●●oue● being a● a●●a , h● would haue destroyed the church of the ten plans , & ind●●d he tooke many ●or●restes from them ; and ●inally i●●●salem being yelded vnto him , by the sol●●n , accord●ng to their cōposition , he permitted the ●oly temple of our sauiou●s sepul●her to be still in the saracens hands , that ma●omet might be serued and inuoca●ed th●●●i● . in so much , that neither the pop●s ●egate , nor the patriarch of hi●rusalem nor the ●●m●plars , nor the knights of s. iohn● , nor other barons and noble men in syria ; nor the captaines of the s●rangers would consent to this peace , quia omnibus v●sa est pax fraudulenta &c. ( saith s. a●toninus ) b●cause it seemed to them all a fraudulent peace , to the hurt & shame of the christians , & hinderance of the conqu●st of the holy-land . and a little after he addeth : gregorius audita nequitia imperatoris &c. gregory hearing of the wickednes of the empe●our , and his treacherous peace made with the souldan , ordayned , that besides the sentēce of excommunication pronounced against him before , that king iohn of hi●rusal●m , who was then in lom●ardy , with the army of the church , should with his souldiers enter apulia , and stirre vp the people of that kingdome , to reuolt against ●redericke . so he . and besides this , two other causes are assigned of this inuasion by sigonius , to wit , that the emperour departed before he was reconciled to the church : and moreouer because he went with so small forces , leauing the most part of his a●mie behind him , to rifle , and spoile the churches o● sicily . and as for his other most pe●●id●●us dealings before related out of s. antoninus , they are all recorded in like manner , not only by ioannes villanus , who liued soone after fr●de●icke and by diuers others : but also by the pratriarch o● hierusal●m himself , who was an eie witnes of what passed in sy●ia in his ●pistle to the christians of the west , who setteth downe so many particulers of his foule and vnchristian dealings , as maketh the matter most ●u●d●nt . a fourth cause , & by all liklyhood one of t●e chiefest , was , that at his departure to the holy ●and , he le●t order with r●ynald his deputie in sicily , to hould the pope ●nd a●● clergie men for enemies , who accordingly , vpon fredericks departure , entred into the state of the church and t●ere tooke certaine townes in the marchia of ancona : as● so conradus guiscard , another captaine of his , entred into the vale of spoleto , & tooke ful●gnio . so as we see , that the first beginning of this warre came from the emperor and not from the pope , which m. ba●low might haue seene in nau●l●rus himself , whom diuers tymes he cyteth ; but that he will haue all men see , that he seeketh not the truth but to intertaine talke by telling of vntruthes , for nau●l●●us telleth expressely , that wheras the emperour complayned after his returne , that the pope had inuaded his territories , w●il●t he was in the holy land , the pope answered that he did that , because r●ynaldus , fredericks deputy did first ●et vpon the state of the church . and as for the cause of fredericks voyage ( which m. barlow blusheth not to affirme , to be procured by the pope that he might ri●le his estate at home al authors agree , that it was specially pro●ured by io●n king of hierusalem , who seeing the present daunger of his owne countrey , to be ouerrūne by the saracens , came in person into eu●ope , & most earnestly sollicited both pope , emperor , kings o● france and england , & other princes , ●or present succour : wherevnto they all contributed , as euery where is testified . and thus much for thi● point . m. barlow proceedeth , and saith , the emperour by reason of his dangerous sicknes , was forced to sta●one year● : the pope ●oc●e it for a d●ss●mbling , and excommunicated ●im for his delay : and the emperour sending his embassadours to r●me with their ●ffi●auit , to make saith for his sicknes , the pope would not adm●t 〈◊〉 to his presence . so he . in which words two things are au●uched : first that the emperours stay & delay of ●is vo●age wa● truely sic●nes : and secondly , that for the sam● h● was ●xcommu●icated . but both these if we belieue t●e who●e torrent of other authors are manifestly false . for most agree t●at the sicknes was counterfait , and that the cause of hi● e●communication , was not for that del●y , but rather for his return● againe with his f●rc●s & gall●●●s a●●●r he had bene for some time at sea , which m. ba●low could not but haue seene , and therefore might haue beene ashamed vpon the credit of one schismaticke to checke all other writers , and to set downe this fabulous report for true . for that his sicknes was counterfait may manifestly be gathered by the very behauiour of the emperour himself , who in that very time , when he was sicke , forsooth , hearing of the death of the lantgraue of thuring , came in al hast from sicily to brundusium , to rifle the said lantgraues palace , where ●e tooke away ●●yth ●rantzius , di●ssimi , p●incipis ●quos , arma , aurum & argen●●m , lau●iss●mam supe●●●●●lem ; the ●o●●●s , ar ●ou● , gould , siluer , and other most sumptuous furniture o● t●at most wealthy prince . and this his dissimulatiō of sicknes , in plaine termes is ●uo●ched , fi●● by the pope himself in hi● letters , who 〈◊〉 th●t he knew the sam● , euen frō the 〈◊〉 who then were with the emperour : and by the ●a●d ●a●zius , a luthers●nco ●nco ●●a b ●om●i●a●io ●hronologica al germans al●o by c platina d sabellicus , e blo●dus f ta●cag●o●a , and others : but these in so cleare a matter may suffice . now that his excommunication was not for his delay but for his returne , after he was set forth from brundusium , is most euident by the testimony of most writers , amongst whom hulderi●us mutius , a brother-german of m. barlows ( i meane of the same sacramentary faith , although as it seemeth , of a more sincere historicall faith or fidelity then he ) relateth the matter thus : mense augusto venit fredericus &c. in the month of august came fredericke to brundusium , and making no stay , by reason of the insection , with all his nauy set forth , and went directly for asia : but being on his way , he came backe againe with the fleete , and returned not without shame : for now all did openly cry out , th●t he was a coward , an effeminate , and periured person , that he neuer intended to go against the enemies of the christian faith , that he was a dishonour of the empire . the pope when he was certified , that fredericke was returned back againe , presently calling a councell , with common and ioynt consent of all assembled , iudged the emperour excommunicated , by vertue of the sentence pronounced against him by his predecessor honorius , and againe he doth anathematize him vntill he performe his voyage to hierusalem , and this sentence be caused to be promulgated by his legates , in germany , france , and italy . frederike when he vnderstood this sentence of the pope to be euery where esteemed , himself to be accompted a ●oole , and hated of many , and that by contempt of the sentence , there might arise danger , that he might be deposed from the empire ; the next spring he sayled with many troopes o● german and italian souldiers into asia &c. so saith this zuinghan . and v●●th him agreeth a nauclerus , b crantzius , c fazelius , d villanus , e blondus , f sa●●ll●us , g ta●●agnota , h platina , i antoninus , k sigonius . ●o which a●so we ma● ad● matthew paris , in whom may be seene , both pope gregories testimony of the cause why he did excommu●ic●●● him , as also frederiks letters to the christian princes in purgat●on of himse●● , for his retu●ne , affirming himsel● to be vniu●tly excommunicated , fo● that as he t●●re saith , he was sicke : and last of all the authors iudgment of the fact it sel●e , though otherwise partiall inough to the emperour . for he writeth that vpon the newes of his returne , aboue forty thousand souldiers were so discouraged , that they returned home : q●od sactum imperatoris ( sayth he ) domnosè nimis &c. which fact of the ●mperour did redound to the great hurt , shame , and preiudice of all the whole busines of christ crucified , and for that cause according to the opinion of many , the sauiour o● the world ( as hath bene said ) shewed himselfe to the christian people , nayle● on the crosse , and besprinkled with bloud , as it were making open com●laint vnto all and euery one , of the iniury don● vnto him by the emperour . thus matthew paris . whose testimony m barlow vsing so often in other things , i hop● he will not reiect in this . but let vs go forward . it followeth in m. barlow . the next yeare to sati●fy the pope , the emperour determined his iourney , but before hi● going , he called a councell at rau●nna , which he apointed also for the place of rēdre-vous , ●o● some of his souldiers to at●nd him : the pope camed ●●●m ●o 〈◊〉 ●tayed from that meeting , way-●aying t●e coastes of verona and millaine , and tooke order , that the souldiers should be spoiled , that were prepared for that expedi●●on against the tur●e , it● t●us he . but by his leaue his authour vrspergensis hath it not , in such sort , as he setteth it downe , and therefore it is a shamefull thing in m. barlow to bely him . for the abbot saith no other , t●en that , when the emperour had called a diet to be held in lent , at rauenna of the princes of germany , he was hindered from the same , by the messages , and embas●ages of the pope , nam veronenses , & mediolanēses , sayth he , non permiserunt &c. the people of verona and millaine , would not suffer any to pas●e by their territories , spoiling and rifeling euen those that were signed with the crosse , vt asserebāt , au●loritate domini papae &c. as they sayd , by the authority of the pope , which ( alas ) is a shamefull thing to speake . and this is all which that author hath hereof . and here we may see the di●●erence betwene vrspergensis , and m. barlow , in seting downe this thing . the ●●r●t only relating what the souldiers pretended and ●aid , for their excuse : and the other most resolutly affirming it for true . vrs●ergensis sayth , that those of verona and mill●ine affirmed , that they spoiled the emperours souldiers by the popes authority . m. barlow seteth it not downe , as the words and excuse of the souldiers , but with a resolute affirmation , that the pope tooke order , that the waies should be laied , the souldiers spoiled &c. wherin also it is to be noted , that this thing falling out in the yeare . as is to be seene in vrspergensis , & frederik● being excōmunicated the yeare before , & remaining 〈◊〉 vnder ce●sures , these souldiers hauing relation to the sentence past , might well say , that they did it by the pope 〈…〉 to wit , by vertue of the excōmunication , alt●ough the pope him self neuer knew thereof , and so you see the obiec●ion to be friuolous , albeit we should belieue vrspergensis the schismaticall abbot , de●ending the emperour ●uen then , when he was excommun●c●c● : yet yt had bene we●l that m. barlow for his credits ●ake had cited him , as he is : ●or he o● himself is had inough , and litle needed m. barlows furtherance , to haue made him worse . the next charge against the pope is more tragicall , then the ●ormer , and is thus expressed by m. ba●l●w . the ●mperour being in the holy-land , and in battail against the turkes , the pope ( in his absence ) enters ap●lia ( part of the emperonrs dominions ) surpriseth and takes it to his owne vse , and keepeth backe all supply of souldiers , which should goe for ayde of the emperour in that holy war●e , and ( which is the height of all impi●ty ) the emperour hauing performed his promise , by that his iorney , reque●ting absolution from the pope , he not only with contempt denied it , but commanded the christian souldiers in asia to leaue the emperour to the turkes malice , as being a publicke enemy of the church , and dispatched secret letters to the patria●ke of i●rusalem , and the souldiers there , to rebell against the emperour , as bl●●dus ( the popes soothing flatterer ) is forced to confesse . thus far m. barlowes piti●ull complaint . and as for the first point , it is already sufficiently answered , in ●hewing frederick himself to haue bene the author of the wars in apulia , by giuing order to r●●nald sonne to the duke of spoleto , and the emperours d●puty of sicily , to inuade the popes state in his absence , which he did , a● already at large hath bene declared . all the rest which is added , contayneth nothing but meere malicious vntruthes , and calumniations . for vntrue it is , that the pope ●ept backe all supplie o● souldiers , whilest the emperour was in the holy-land , which he laboured to gather from all parts of christendome to send thither . neither doth v●spe●g●nsis●ay ●ay so much , but only that he denyed passage by ●ea to the signed souldiers in apulia and ●omba●dy , which commeth far short of k●eping back all supply , vnlesse it may be proued , that ●e had no ot●er souldiers , but in those two places , or that they could haue no passage but from thence : both which are very false , as this charge is both ridiculous & vntrue , ridiculous , for the warrs being so ●oat on foote , both in lombardy , and apulia , what need was there of any prohibition , ●or not sending away of souldiers out of these partes , when as they were so needfull at home ? vntrue , for that m. barlow cannot be ignorant , that fredericke in his letter to the duke of cornewall , which he wrot after his returne from the holy-land , & in which he laieth down all his agrieuances sustayned ( as he would haue the world to beleiue ) at the popes handes , hath not one syllable therof : which silence could not come of any ●orgetfulnes , being written a●ter his returne , when things were fresh in his mind , nor yet of any desire he had to spare the pope : seeing , that lesser matters , & more vnlikely are there vrged , with the most aduantage : and by all meanes he did seeke by this accusation , to discredit him with all princes , as the most potent meanes , to couer his owne shame , and dishonourable behauiour , as well in the holy-land , as in other partes of europe . secondly , it is false , that the emperour performed his promise , which was to go to aide the christians , and recouer the holy-land , w●eras he with his secret and treacherous treaty , & peace , which of purpose he made to hinder the war intended against the soldan , sayth antoninus , & villanus , betrayed them both : the one ( to wit the christians ) sustayning intolerable iniuries at his hands , and hierusalem with all the countrey soone after his returne being vtterl● lost . and this cause all authors al●eadge , for the not abs●luing of the emperour by pope gregorie , when by his embassadours he did request it . to whom , saith crantzius , the pope euen to their faces obiected the per●idious dealing of their lord the emperour , & as faz●lius addeth , euen the very turkes themselues confessed , that had fredericke ioyned with the christians , and fought ●gainst them , he had gotten out of their hands by force , both citty and kingdome . and the euidence of this truth is so radiant ( to vse m. barlows phrase ) that euen the aboue named zwinglian huld●●icus mutius writing of this request of the emper●ur , & the pops denyall , setteth down the matter in these words : mit●it autem in europam legatos &c. the emperour sendes his embassadours to ●●gni●y to the pope and princes how he had forced the soldan to yield him vp hierusalem ; but that peace with the soldan nothing pleased the pope , who forsaw that it would not endure , because the chiefe strength of the kingdome , remained in the enemies hands in such sort , that as soone as the christian army should be di●●olued , the enemie would easily recouer all againe . neither was fredericke himselfe so simple , that he saw not this , but that his mind was wholy set on germanie and italy ; and thought it inough for him to haue satis●●ed his vow ( by going thither ) sic fit cùm venatur aliq●is in●i●is ●a●ilus ; so it falles out ( saith he ) when men doe hunt with doggs that haue no list to runne . and naucleru● sheweth the issue of this affaire after the ●mperours returne into europe vpon the yeare . where he writeth that this very soldan of babylon , with whom the emperour had dealt , caused the ara●ians to rise in armes against the christians : which arabians setting first vpon the knights of the tēple , quite vanquished thē , and easily tooke the citty of hierusalē , which had no wall to defend it , & slew the christians that were in the same . and the sepulcher of our sauiour which vntill that tyme had bene kept vntouched , was now with great shame defiled . thus he . and this may suffice to shew how well fredericke performed his promise , and what good of●ices he did to the christian cause , by his going to the h●l●-land . the third which followes , is so emin●nt an vntruth that alone it may carry away the siluer whetstone , frō all the lyars of lincolne : for who euer heard , or read before m. barlow set it out in print , that the pope ●ōmaund●d the christian souldiers in asia to leaue the emperour to the turkes malice ? what malice is this in m. barlow to report so sham●ull an vntruth ? what author besides himselfe doth auerre it , in this manner , as he doth ? for the pope knew full w●ll , that fredericke was in no danger of the turke , with whom before his departure from europe he had made peace , and by whom vpon his arriuall into syria , he was still either fea●●ed , or presented with rich giftes in recompence of his perfidious league , by which he betrayed the christian army and cause , as hath bene declared . and all that which naucl●rus sayth , whom m. barlow citeth to auer the same , is in these words : pontisex hospitalarijs , tēplarijsque in asia mili●ā●ibus , vt ●rederico tāquam hosti publico sauores detraher●nt , iniunxit . the pope commaunded the knightes of the hospitall , and templares to withdraw their help from frederick , as from a publicke enemy : or , as other authors platina , fazelius , paulus a●milius , & others expres●e it , vt ab impera●or●●aue●●nt ; that they should beware of the emperour . and the last named is more particuler , saying : vt cau●●ët nomini christiano insidias à perditissima simulatione f●ederi●i ; that they should beware of the treachery , intended against the christian cause , by the most wicked dissimulation of fr●d●ri●ke s● he . a●d thē addeth , ne● vana suspitio visa , arabibus , a●●yp●y●que aequio● inu●ni●atu● caesar quam nostris . neither was this a vaine ●u●pitiō , ●or the emperour was found to be a greater friend to the arabians & aegiptians thē to the christians . and this alone sheweth how free frederi●ke was frō any danger at the soldans hands : which the pope well knowing , could not intend to leaue him to his malice , as m. barlow hath most confidently affirmed : but contrary wise , in respect of the great league , and loue that was betwene him and the soldan , he feared more that the emperour would betray the christians , and leaue them to the soldans malice ( as in the end it fell out , as now you haue heard ) then that they should leaue him , of whom there was no feare , by reasō of the ten yeares truce already made betwene thē , by which fred●ricke was secure from all danger , and might stay in the holy-land , and returne at his pleasure . which being so , and the emperour excommunicated at this time , there was great reason why the pope should giue order to the christians for the one , and the other : to wit ; as well to take heed of him , as of a perfidious traytou● to the cause , as also to withdraw their fauours from him , as from an excommunicated person , and publicke enemy of the church : but both of these come farre short of leauing him to the turkes malice , as m. barlow doth most fa●sly and maliciously auouch . there remayneth yet one vntruth more in this matter , and that worthy of the maker , to with , that the pope dispatched secret letters to the patriarch o● hierusalem , and the souldiers there , to rebell against the emperour , as b●ondus the popes soo●●ing flatterer ( sayth m. barlow ) is ●orced ●o confesse . but here without all soothing and flatteryng i must con●esse , and professe also , that all is lying & forgery which here you speak . for where i pray you , as blondus forced to this confession ? where doth he mention these secret letters to the patriarch ? truly these letters are so secret , that no mention of them is to be seene in blondus , and therfore i will more beleiue my owne eyes , then m. barlowes reportes in this affaire . hospi●alarijs templarijsque in asia pro crucis honore militātibus ( saith blondus ) vt fred●rico tamquam hosti publico fauores detraherent , iniunxit . the pope commaunded the knights of the hospitall , & templars fighting for the honour of the cros●e , to withdraw their help or fauours from fredericke , as f●om a publike enemy . and this is all he hath of this matter , in which as yow see , he sayth no more , then nauclerus sayed before , but much lesse then m. barlow would haue him , or rather force him to speak . for there is no mention in him , of any secret letters to the patriarch , or of any rebellion to be made against the emperour , but only that they should withdraw their fauours , which no wi●e man , i thinke , will take to be all one , with rebellion : the one being but a meere negation of help , & the other an actual opposition of hostility . all which being considered , there remayneth only this , that some good friend of m. barlows , aduise him before he write againe , that for common honesties sake at least , he would in his assertions be true in some thing , for hitherto we haue found him f●lse in euery particuler , and shall do much more in that which is to ensue . for thus it immediatly followeth in m. barlows charge , or rather lying slaunder against the pope . by priuate letters ( saith he ) which were intercepted by the emperour , and wherof he complaines , the pope dealt with the sarracens , to make no truce with the emperour , nor to deliuer the crowne vnto him though he should win it by conquest . so he . this tale is of it selfe so incredible , and deuoid of all shaddow , or likelyhood of truth , as there needeth no other proofe besides the bare narration thereof to refuse it : and m. barlow guilty , as it should seeme , of forgery , citeth no author for the same , vnles he referr vs vnto vrspergensis , whome in the beginning of this paragraph he cyteth thus : vide haec omnia apud vrsp●rgensem ; see all these thinges in vrspergensis . but of this matter , i must tell him , that vrspergensis , hath not one syllable , and therefore me thinkes , some other authour should haue bene cited either in text , or margēt . the most that i can find hereof , is in a letter of the emperours , to richard earle of cornwall , vnto which it may be m. barl. hath relation , where amongst other complaintes , the emperor saith the popes nuntius & legates in syria dealt by secret letters with the soldan , that he should not render to the emperour the holy-land , which by right was due vnto him : but , that he should make no truce with him , nor yeald him the crowne though he should win it by conquest ( which are m. barlows words ) there is no mention : and therfore i shall beleiue m. barlow , as i shall see his proofes , hauing already found him so false in all other authors whom he hath cited . but graunting all to be true , to wit , that fredericke obiected this thing , and in this manner against the pope ; yet it may be presumed that m. barlow could not but know the answer of the said pope , which also mathew paris setteth downe at large , to wit , that the thing was so absurd , & so improbable , as no man , that was well in his wits would beleiue it . and moreouer the vertuous life of gregory , and the wickednes of the emperour being knowne to all , this answer of the pope to this and other such imputations , being published and spread ouer christendom , did make the emperours letters suspected to the whole wo●ld . and so much for this . now let vs examine the last which followeth in these wordes . and when the emperour sent letters of ioyfull aduertisement to the pope of his victorie , & truce taken with the turke , the pope threw away his letters in disdaine , & caused it to be giuen out through the empire , that the emperour was dead : vpon which rumor , there grew a de●ection of many citties from the emperour to the pope : and those valiant souldiers ( the almaines ) which were returned from that christian expedition , against the turke into apulia , were designed to be slaine by the inhabitants vpon this rumor . so he . still m. barlow wil be m. barlow , like himselfe , and false in all things . for why could he not here haue set downe the words of his author ? or why doth he so resolutely affirme that for certaine , which vrspergensis , otherwise imprudēt inough , doth but only relate vpon heare-say ? papa ( sayth he ) ●um suis cōplicibus ( vt ass●rebant homines ) seci●●n apulia diuulgari &c. the pope with his followers ( as men gaue our ) caused to be reported in apulia , that the emperour was dead &c. were these wordes so heauy that they must ly on your stomacke m. barlow , & not be vttered . truly if vrspergensis , who cared litle what he spake against the pope , said he had it but by heare-say , we may well say , that it is vnlikely to be true , seeing that without that limitation , he bouldly affirmeth for true many thinges , which all other writers condemne for fal●e . but i perceaue we must perforce pardon you m. barlow ; for it seemes that by some necessity , you are constrained to be sincere in nothing ; your selfe telling vs out of the oratour , that there is nothing more vncertaine then a report : & this being spoken by the abbot as a report , and that also of the vulgar people , must needs in the iudgement or disapassionate men , & by force of your owne position , be vncertaine , and consequently your malice very singular , in putting downe this heare-say as an vndoubted truth . and thus good reader hast thou seene all this sharpe charge against the pope , to haue bene sufficiently refuted , and that , vnles i be deceaued , to m. barlowes shame . and if this suffice not , i hope that which ensueth will make vp fu●l weig●t , and therefore i pray thee to stand attent to that which vpon the premisses m. barlow will now inferre : ●or all this hath bene alleadged to make it probable , or ( to vse his owne wordes ) to lay downe strong presumptions , or violent indu●ementes , that pope innocentius the . in whose time fredericke died , had hyred one to poison him . thus then he concludeth his former charge vpon the premisses . what is this ( will he say ) to t●e popes consent for his poysoning ? surely they are violent inducementes , that he thirsted after the emperours death , which way so euer : ●or he which would arme the emperours owne souldiers against him , cause a treacherous reuolt from him , whilest he was fighting the lords batta●ls ; betray him into the mouth of christes sworne enemies ; inuade his possessions in his absence ; disperse false rumors of his death cōtrary to truth and his owne knowledg ; and by contemptes and anathema's doe his best , or worst to breake his hart ; would make litle acompt or conscience to drench him out this lif● , yf opportunitie and secrecy would concurre . so he wel pleaded m. barlow . but soft syr , i pray you take me with you . what is that , which by these violent inducementes , as you terme them , you go now about to proue ? is it not to shew that innocentius the . hired one to poyson fredericke ? and are these particulers , or any one of thē which you haue so much vrged , for this purpose , to be verified of innocentius ? did not all these thinges passe in the tyme of gregorie the ninth ( of whose going about to poyson t●e emperour no man hitherto euer so much as dreamed : ) neyther do yow your selfe charge him therewith , diuers yeares before innocentius was pope ? how then may these thinges violently induce any man to beleiue , that po●e innocentius did conspire the poysoning of fredericke ? a●d to the end that your inducementes may be the more strong , we shall reduce the whole force of them into a logicall argument , thus : pope gregory the ninth armed the emperours soulddiers against him , caused a treacherous reuolt from him , whilest he was fighting the lords battails , betrayed him into the mouth of christs sworne enemies &c. ergo twenty yeares and more after this , pope innocentius the . hired one to poyson him . this is m. barlowes violent inducement , set downe in forme , to prooue pope innocentius the . to be guilty of poysoning the emperour . and what force it hath , i shall not need to declare . for the argument is so ridiculous and transparent , as there is no child so simple , that doth not see through it . and truly m. barlow cannot here excuse himselfe in my iudgment from willfull malice , that alleaging all this out of vrspergensis , who ended his historie with the yeare . or the beginning of the next , at what time pope gregory liued , as he did for . yeares after , would notwithstanding lay it all vpon innocentius the . for which cause as it may be thought , he dissembled pope gregories name throughout al his relation , which he could not but see expressed in his author . and what will you say to such malicious follie , or foolish malice ? m. barlovvs more sure and stronger proofes are discouered to be lyes : with other things concerning fredericke the second , and innocentius the fourth . §. ii. bvt m. barlow , yow may thinke , hath some better proof besides these violent inducements , to proue the pope accessory to the poyson , and death of fredericke , by which he will make all so cleare , as there shal rest no more difficulty in the matter . in those , perhaps , he will vse more sinceritie : & i say , perhaps , for that the custome of lying is so habituated , and rooted in him , as it is difficise mobilis a subiecto , hardly to be separated from him , as the philosopher speaketh of all other habits , which are not easily separated from their subiectes . let vs see then what demonstratiue proofs , and irrefutable arguments he will bring to proue , what he intendeth . his words are these . [ and yet that presumptions ( sayth he ) may not only carry it , cuspinian hauing authors for both reports , relateth the procurers therof doubtfully , but the instrument certainly , that mansredus poysoned him wit●out controuersie , siue ab hostibus , siue a ponti●ice corruptus , but whether corrupted by enemyes of the emperour , or by the pope , he will not say ; but so he died● so he . what still nothing but lying m. barlow ? did you not promise vs surer argumentes , then presumptions ? and why then doe you beginne with so notorious vntruthes ? doth cuspinian say , that manfred poysoned him ? then truly hath m. barlow belied cuspinian before ; for that he saied , and cuspinian agreeth with them ( to wit petrus de vineis , and nauclerus ) that the emperour recouering by the help of phisuians , from the poison , manfred tooke a shorter course with him , and as hazael serued benhadad with a cloth , stopped his breath with a pillow . so he . and yf this be true m. barlow , how then do you here set it out in capitall letters , by the authority of cuspinian , that man●red poisoned him , and that so died : for these are your words heere . so as if m. barlow be true in one place , he must needes be false in the other . for in the one he sayth , that he recouered of the poyson , in the other , that he died of the same : which is so playne a contradiction , as m. barlow will neuer be able to make doth partes to agree . besides it is a grosse vntruth to affirme , that cuspinian should say , that the emperour was poysoned by man●red , whereof he speaketh nothing at all : and therfore where you say , that he reported the instrumēt certainly , that mansredus poysoned him without cōtrouersy , certainly without con●rouersie it is a lie of yours , and not the assertion of cuspinian , whose words you might haue seene set downe in my letter alleadged thus : non pot●it cauere &c. the emperour could not auoide , but when he returned into apulia , he perished with poyson , the ●eare of his raigne , and . of his age , and the very same day that he was made emperor , for wheras at the towne of florenzola in apulia he was daungerously sicke , and at length by diligence of phisitians had ouer come the same , he was stifled by manfredus his bastard-sonne ( begotten of a noble woman his concubine ) with a pillow thrust into his mouth , whether it were that manfredus did it , as corrupted by his enemies , or by the pope , or for that he did aspire to the kingdome of si●ilia . so he : where you see no mention made of man●red for the poysoning , but only for the sti●eling . and how then doth he relate the procurers of the poyson doubtfully , and the instrument certainely ? i thinke m. barlow vseth to write sometimes in his sleepe ; for had he bene waking , he would not ( as i suppose ) euer haue bene so shameles , or ignorant , as so to corrupt or mistake the authors which he citeth , in so base a manner . and truly cuspinian himself seemeth to haue dreamed in these few lines here cited , as before i haue noted , for hauing said veneno peryt , he perished or died with poyson , yet presently after as you see , he saith , that by diligence of phisitians he ouercame the same , and afterwards was stifeled . and with such sleepers , and dreamers are we troubled with all , who not seeking to finde out , or deliuer the truth in the matters they handle , do contradict themselues , and runne into grosse , and palpable absurdities . but let vs proceed . the second maine pillar , vpon which m. barlow relieth for proofe of the popes poisoning of the emperour frederick , is matthew paris , an english man , who ( saith m. barlow ) affirmeth , that the emperour hauing discouered a poyson intēded & prepared , or him by his trustiest attendan●es , as he thought , vpon examination , ●oūd it to be the popes doing , & makes a lamentable cōplaint therof . so he . and indeed this testimony seemeth somwhat more forcible and euincent , then the former , both for that the author liued at that time , and for that he aue●reth it so con●idently , saying that vpon examination he ●ound i● to le●se popes doing . but what if here also vpon examination we find m. barlow a lier ? what if neither these words no● the sense of them , be to be found in matthew paris ( as indeed they are not ) nor yet in any author besides ? is not then the false prelate worthie for euer to be discredited ? well , let vs see what matthew paris hath hereof ; who hauing set downe the storie , how the emperour discouered the treachery of petrus de vineis , and his intent to poyson him , setteth also downe the said emperours complaint , in these wordes : vae mihi contra quem propria pugnant viscera &c. wo be to me , against whom my owne bowells doe fight . peter whom i beleyued to haue bene a rocke , & the half of my soule , hath by treason sought my life . and lo , the pope whom the empire hath exalted of nothing , and enriched vnder my noble predecessors , doth go about to exterminate it , and seekes to ouerthrow me the gouernour of the same declining empire . whom shall i trust ? where shal i be safe & c ? so matthew paris : whom you see auerreth not , as m. barlow sayth he doth , that the emperour found it to be the popes doing : for all that can be truly gathered out of these wordes , is , that the emperour suspected some such thing in the pope . and so far is matthew paris from affirming that it was found to be true , that hauing said that the popes fame was therby much blemished ; he addeth this restrictiue clause , as from himself , veritatem tamen nouit deus secretorum scutator infallibilis : but god knoweth the truth , who is the infallible searcher of secrets , as though he had sayd , that this matter had no other ground then the emperours suspition , and slaunder of his scismatical followers , for had there bene but any apparent proof therof , it would haue bene layed open to the vttermost . and to confirme this , the same author a little before the wordes now rehearsed , saith , that the enemies of the church gaue out , that the pope had sought to corrupt petrus de vineis to poyson the emperour . so then to conclude , wheras out of this author m. barlow saith , that fredericke vpon examination found it to be the popos doing , there is no such thing to be found : that which we find , is that m. barlow either corrupteth , or corruptly alleadgeth all the authors which he dealeth with . but now you may thinke , that he hath kept a sure card for the last , and bringeth forth an author without all checke or controll , who with his verie name will ouerbeare all opposition : and indeed he is here discribed as an vnconquerable giant , and as such a one , who by himselfe may stand for thousandes : and this man forsooth is petrus de vineis , of whom m. barlow speaketh th●s : but what better witnes , and of more credit can there be , then petrus de vineis , who liued in those dayes , and was continually about the emperor : and as cuspinian sayth , hath truly related the occurrences of that time ? and againe after : vvho was euer about him , wrote truly , & is an author approued . and yet further : in whome cuspinian , an authenticall writer , ver●ies that prouerbe , omnia sub vnam myconum , he alone may stand for all rest . yea this man is so great , that in m. barlows iudgement , no man is to be heard against him . not innocentius the pope , who refuted him : not the italians , who contradicted him : nor yet all other authors , that condemned his partiality , and falshood : in so much , as if we will beleiue m. barlow , he is an author of infallible truth , notwithstanding he were a professed enemy of the pope , and sworne seruant of the emperour . and if we belieue other authors , a very corrupt man , & therefore iustly punished by allmighty god with vntimely death : & that rather for his greatnes , vpon a pickt quarrell ( as some affirme ) then for any iust cause of demerit giuen by himselfe for the same , against the emperour . what then shall we say to this ground , or rather to this strong foundation , & inuincible bulwarke ? the words of this author are plaine , in apuliam rediens veneno peri●t , returning into apulia he perished by poyson : and m. barlow noteth vs the place in the margent thus epist. lib. . but yet like a bad grammarian he omitteth the principall verbe , i meane our cheifest question in hand , which is not so much , whether frederick were poysoned , as whether he were poysoned by the pope , for to that end are these strong presumptions , violent inducements , & other argumēts brought , & what place is cyted out of this author for proofe hereof ? truly no more thē there is alledged to proue that fredericke went about to poyson the pope . and is not this per●idious treachery in m. barlow to make him his chiefest pillar , who hath not one word o● the matter in controuersy ? but let vs suppose that some such thing is in his booke ( which i cānot beleiue to be true ) i am content that for once it be not thought ridiculous in m. barlow , which in other men would seme to be meer madnes , to produce one , & that such a one against the whole stream of other authors . let vs make this petrus de vin●is another achilles , hercules , or golias ; yea let him stand for all , as m. barlow will haue him , & let his litle finger be as great as alexanders backe , yet sure i am that for the poysoning & death of fredericke , eyther by the pope or any other , he will stand for nothing els but to condemne m. barlow , and all others who layne so much vpon him , of fraud , or folly , or worse dealing , which i trust to make so euident & cleere , as it is cleer & euident m. barlow neuer saw one to write after that his eies and braines were out , his body cold , and his bones rotten . and first i suppose , which m. barlow doth freely grant me , that this petrus de vineis was secretary vnto fredericke and continually about him ; but certaine it is , by vniforme consent of all authors of those tymes , that the same petrus de vineis was dead a yeare at least before the emperour , and therefore could testify nothing of his death , vnles he wrote by prophesy : for by the emperors commaundment for treason eyther indeed intended , or pretended only , as i haue said , he had his eyes put out , and being committed to prison , he knocked out his owne braines ; which besides the testimony of catholike authors , as a s. antoninus b villanus , c tritemius , d volateranus , e sigonius , f matthaeus parisiensis , g fazelius , h pigna , i caraffa , k tarcagnota , l dante 's the poet , who liued presently after in the same age , with his two commentatours m landinus , and n velutellus , and others , is also testifyed by o scardius a caluinist in the life of the sayd petrus de vineis , set out with his epistles , & p martinus crusius a lutheran , who also cyteth poggius a florentine writer . and this m. barlow did well foresee , though he would s●eme to dissemble it , or which is worse , is forced to forge a new deuise ( as the man is full of his fictions ) & to come vs out another petrus de vinea , who also should be secretary to the emperour & continually about him , which is an inuention worthy of m. barlow , hauing no author or shadow of reason for the same , seing all writers to agree , that the same petrus de vineu who knocked out his owne braines , had bene secretary to fredericke , and written tam ex persona sua , quàm imperatoris , epistolarum libros sex , six bookes of epistles , as we●● o● his owne , as the emperors , sayth tri●emius : besides that it is most improbable , that he would take another secretary , of the same name , within lesse then a yeare after so horrible a treason , as was pretended against his owne person , which alone might make that name hate●ull vnto him whiles he liued , and therefore m. barlows marginall note , to wit , some thinke it was the same party , but it is not probable , is without all probabylitie . and m. barlow should haue alleadged some author for the same ; but that he saw all authors , reason , & truth it selfe to stand against him in this point . wherefore seeing so many to stand for me , in defence of this truth , and no one man that i haue seene to deny the same , i may with more reason challenge the priuiledg of gods rule of two witnesses against m. barlow , then he doth against me . for a litle after in handling the matter of alexanders poysoning of gemin , related by iou●us and guicciardine , which i said to haue most apparence of truth of any of the former accusations , and yet not to be altogeather certayne● for that other authors do otherwise report the same , m. barlow thus replyeth . the rule of almighty god is , that is the testimony of two witnesses speake with one mouth , in ore duorum , it shal be an establishment : and that is more , then an apparence of truth . in the case of frederick the second , vineis and cuspinian were both produced to confirme one storie , that would not serue the turne , because they were but one ( the last borrowing what he said from the formost : ) in this instant there are two different witnesses , which concurre in the veri●●ing of one and the self same ●act , and this , though thus seconded , is sleightly turned of , as making but an apparence . thus far m. barlow , pleading a certainty vpon the credit of two witnesses , which yet in the case of susanna proued not so certaine , & much lesse in the matter we now talke of , wherin is diuersitie of opinions , and neither of the two authors auoucheth it for certainly true , as in the next paragraph we shall shew . in the meane time , this rule will serue most apparently and certainly also , to condemne m. barlow , seeing that here not only in ore duorum , in the mouth of two , but of seauen or eight times as many , we haue proued m. barlow a false forger of petrus de vineis wordes , and that with such euidency , as he cānot produce one man to the contrary , & therfore is cōpelled to defend one , by making of another ●for by writing one and the self same name , of de vinea , and de vin●is , in the singular , and plurall number , he will needes shew vs a plurality of persons , and make one man to be two . but let vs see what ground there is of this fond inuention . al that he hath for proof of his idle conceipt , is a seely coniecture , set downe in a few wordes , and those also so obscure , as they require some attention in the reader to vnderstand them , if not natatorem delium , to interpret them . for thus he sayth : a man shall oftentimes heare his own seruants cursing him , sayth king salomon : and no fitter instance can be giuen , them of this emperour in that case : for he differed not much from the historians name , whom the pope hired once to poyson this emperour ( if parisiensis do not erre , or deceaue his reader ) for his name ( being of neere place , & trust about the emperour , euen for his soule ) was petrus de vinea , that was so hired , and plotted withall . this is all , and very intritate also , as you see . but his sense , & meaning is ( if i mistake him not ) to make a difference where there is no diuersity , in separating one & the self same man from himselfe , to wit petrus de vineis , from petrus de vinea , which is all one . but this is not the first error which m. barlow hath committed in this manner of metamorphosis , by transforming one man into two ; for some three leaues before , he doth the very same with vrspergensis , making him to differ frō cōradus of lichtenaw ; wheras there is no greater difference betwene them , thē that conradus of lichtenaw was a●●ot of visperge , & writer of the history : for so ●ay tritemius , posseuinus , and others , notwithstanding m. barlows metaphy●●cal distinction , who tells vs that ni●b. cisuerus iustifieth ●hat ●e sayth , by the testimony of an abbot of vrsperge , ●●ose name being for a long time not kno●ne , ●is annales were as●ribed vnto him whom we vsualy call vrspergensis , till the er or was espied & amended . so he . and putteth in the margent conradus or lichtenaw . but i pray you syr , whom we call vsually v●spergensis , is not this name conradus of lichtenaw ? surely his owne printed booke ( with the abridgement of his life set before it ) tritemius , posseuinus , & others say , yes . and how then was the error espied and amended ? where i pray you was there any error at all ? and if no error , wherin was the amendment ? i would to god , m. barlow , your errors could be as well amended , as they are espied , and then might your friendes hope to see you once a true man ere you dye . now for petrus de vineis , that he was the same with petrus de vinea is so euident , as i much maruaile at your simplicitie , for calling it into ques●ion . it is a signe you read little , or vnderstand not what others write : for whom a parisiensis , paulus aemilius , sigonius , b philippus bergomas , vbertus ●olieta , c g●ne●ard , ciaconius , d posseuimus , with others cal petrum de vinea , or petrum vineam , the same , s. antoninus , fazelius , tritemius , e blondus , f nauclerus , g vincentius , h paulus langius , i collenutius , k scardius who wrote his life , iohn fox , and l huldericus mutius ( all which foure last are protestant calumists ) with crusius the lutheran , call petrum de vineis : to whom we may add the italian writers , as villanus , pigna , caraf●a , landinus , velutellus , dante 's , and tarcagnota , who call him in their tongue pietro delle vigne , which in latin is de vincu . and he that shall confer all their writings togeather , cānot choose but see , that he is one , & the selfe same man , who is signified by both these names : yea volateranus in one worke calleth him , both vineis● and petrum vineam ; and the self same things are recorded vnder both names , as that he was secretary to the emperour fredericke the second , in great and speciall fauour with him , was sent to the councell of lyons with thaddaeus sinuessanus , had his eyes pulled out for treason , & finally knockt out his owne braines : only i must confess , that none of these authors , vnder the one or other name , do mention of his miraculous writing of frederikes death , after his eyes & braynes were out , but left that as a meere lying fiction to be registred alone by m. barlow . this then being so , whereof i thinke no learned man , that hath read the histories can make any doubt , to wit , that petrus de vinea , and de vineis is but one mans name , who was put to death by the emperour frederick ; it must needes follow ( as i haue said ) that , that epistle , or what else so euer , vnder his name , which mentioneth the poysoning or death of the emperour ( if there be any such ) to be bastard , counterfait , and forged by some schismaticall or hereticall writer , who the better to deceaue the reader would vse the cloke , and authority of the name of petrus de vineis , and m. barlow , who setteth him out with such lofty prayses , and makes him according to his misapplyed prouerbe , to be omnia sub vnam miconum : he alone , sayth he , may stand for all the rest , shewes himselfe to be a brain-sicke beetle , so much to commēd a blynd & brainles author f●r a thing , which eyther he neuer wrote , or else he did it , w●ē both his eyes & braines were out of his head : and th●n you may be sure , it was very wisely done . and as wisely hereunto doth m. barlow apply the prouerbe of omnia sub vnam miconum , which he in ●rpreteth , as you haue heard ; he alone may stād for all the rest : whereas strab● , whome he alleadgeth for the same , doth explicate it in a far different fense , saying : omnia sub vnam miconum , adagium est de his , qui sub vnam descriptionē cogunt ea quae natura seiunxit : all vnder one miconus , is a prouerbe spoken of thē , who comprehend things of different natures vnder on description . and the like he might haue seene in manutius , who explicating the prouerb , sayth , qui res natura diuersas eodem titulo complectuntur : who comprize things of different natures vnder one title . and with them agreeth calepine . but it is m. barlows good fortune to be mistaken in all things , be it of historie , humanity , philosophy , or diuinity . but not to stand longer on these trifles , but to draw to an end of the whole matter , in which m. barlows manifold mistakinges haue made me the longer , it will not be amisse for conclusion hereof , to lay good reader , before thine eyes , all the errors & vntruthes , that in this matter only m. barlow hath committed , by which thou wilt easily consecture , how great a bulk i had bene forced to write , if i should haue bene so particuler in all other pointes , which he handleth , as i haue bene in this : but i thought it sufficient for a tast to exemplyfie only , in some few , omitting the rest , as being loath to loose good tyme in searching so narrowly into such false and friuolous matters . vntrue then it is , that the emperor was excommunicated vpon sleyght pretences , as the councell of lyons , and all other authors do testifie . it is vntrue , that the emperour was sent into the holy land , that the pope might rifle his state at home . thirdly it is vntrue , that the emperour stayed for sicknes , which ( euen by them who were with the emperour ) was testified to be but seigned . againe it is not true , that for the same stay he was excōmunicated , but for his returne with the nauie , after he had set forth to sea . fiftly vrspergensis sayth not , that the pope way-lied the coastes of verona and millaine , and tooke order that the souldiers should be spoyled . sixtly , that the pope kept back all supply of forces from the holy-land whiles fredericke was there , which his owne author saith was but only in lombardy and apulia . seauenthly that the emperour perfourmed his vow , and promise by his voyage to hierusalem● and therfore was vniustly denyed absolution . eightly , that the pope commaunded the christians in asia to leaue the emperor to the turkes malice , & that nauclerus doth affirme the same . ninthly . blondus is belyed , whom m. barlow will haue to auouch , that the pope sent secret letters to the patriarch of hierusalem , to rebell against fredericke ; but blondus hath returned him a writ of non est inuentus in baliu● meo , there is no such thing to be found in my booke . the tenth vntruth is , that the pope dealt with the sarac●●ns to make no tru●● with the emperour , nor deliuer him the crowne , though he should win it by conquest : both partes are false , and for such may be crowned . the eleauenth is , in making vrspergensi● resolutely to affirme , that the pope caused to be giuen out in apulia , that the emperour was dead , wheras he doth report it only by heare-say . and to make vp a full iury of twelue , to cry guilty at the barre against m. barlow , a most notorious vntruth it is , that these thinges were done by innocentius , as m. barlow auoucheth . and these being all the strong presumptions , and violent inducements , that are brought by him to proue the popes poysoning of the emperour , and proued by me to be all lyes , slaunders , and corruptions , i leaue it to the readers iudgment to determine whether they be not strong presūptions , & violent inducements rather of m● barlows per●idious dealing , & bad conscience , then any proof , or probability of the popes poysoning of the emperour at all . but besides these inductiue lies , there remaine yet certayne capitall or fundamentall , to wit ; the euident , and demonstratiue euictions ( as m. barlow would haue them seeme ) of this counterfait poysoning , which wee now haue both euicted , and demonstrated to be nothing else , but open vntruthes : to wit , that cuspinian should say , that mansredus poysoned the emperour : that the emperour died of the poyson , which lye we haue shewed to be ioyned with a grosse contradiction of m. barlow himself : that matthew paris should say , that the ●mperour found his poysoning to be the popes doing : that petrus de vineis testifieth , that the emperour was poysoned by the pope : to which if wee add the lie which he maketh of inn●ientius . which i shall now set downe , i see not what can be more required to make m. barlow free of this trade , that in defending his maiestie , eyther by violent inducements , or euident demonstrations , hath brought no other arguments for the one , or the other , but meere cogging , lying , and forgery . and that you may know , that he will end , as well as he began , thus he knitteth vp all his discourse of this ●mperour frederick . pope innocentius ( the . ) did see , that his actes could be no longer hid : descried they were : and is was time for him to speak● : and then if he would not make the best for himself , with his owne pe● , he might haue bene begged for an innocent . this is the finall vpshot of his defence . and it is maruel , that he did not adioyne iohn fox his dreame of the same pope , how before his death at naples , he heard a voyce saying , veni miser ad iudicium dei , come thou wretch to the iudgment of god : and the next day he was ( sayth this fabling goose ) found in his bed all black and blew , as though he had bene beaten with batts . if you aske what author affirmeth it , iohn fox only telleth you , that the writers of annales record it : but who these writers are , and what their names be , you may seeke if you list , and find if you can , for he giues you no further direction . perchance he had it by reuelation , as he had the explication of the apocalyps for counting the moneths by sabboths , whē the spirit that speake with a maiestie within him , called him , thov foole . pope innocentius actes , saith m. barlow , could be no longer hid : descried they were &c. what were these acts i pray you ? were they these which you huddle togeather for strong presumptions , and vehementinducements , to proue that he would haue poisoned the emperour ? but all these we haue shewed , in case they had bene true , as they haue proued false , to touch gregory , and no way to concerne innocentius . and if you meane the other part of your charge , concerning the same subiect , of his hyring one to poyson him , that also we haue sh●wed to be as false , as the former . what then are th●se great matters with which innocentius is to be charged ? forsooth those things which are imposed vpon him by pe●●us de vin●is . but what reason is there that i should belieue more this author against the pope , then the pope against him ? to this m. barlow so answereth , as if there were no other proof , it alone may suffice , to shew his folly and vnsincerity . i shall verie briefly let you see what he saith hereunto , and if you knew not his wit before , now may you take the iust valuation and measure therof by this example . it was obiected by me , that petrus de vineis was a seruant of frederick , and sworne enemy to the pope . to this m. barlow giueth three answeres : first that so were s●●iu● & baronius to the popes sea , and profest enemies of their religion . but this reacheth not home , for these collect their histories out of other records , and write nothing of themselues , but only relate what they find in others , and therfore are credited according to the waight of proo●e , or reason , which they bring to confirme that which they write . secōdly ( saith m. barlow ) seruants do not alwaies speake the best of their maisters &c. and he , as appeareth by cuspinian , dissembles not , euen the foule vices o● the emperour his maister . this loe , is farre more silly then the former : for although that seruants do not alwaies speake the best of their maisters , yet for the most part they do , especially if they by princes , and that to the vttemost , with most palpable flattery , & most of all if they speake or write , that which their maisters may heare or read , as petrus de vineis did , whilest he was in frederickes speciall fauour & grace , and as we see m. bar● . to do throughout all this loose idle worke of his , when he hath occasion to speake of his maiesty , which also he oftē of purpose taketh , where none is giuē . and not to seeke further for an exāple in this kind of sycophancy , besides many others which before haue bene alleadged , the very next ensuing words after those of his charge against pope innocentius , most euidently confirme the same , wherin all his poore wit and skill , is bent to flatter his maiesty to the vttermost . and wheras m. barlow saith , that pe●r●● de vineis ( as it appeares by cuspinian ) doth not dissemble his maisters foule vices , it is a cleare signe , that they were so foule , as that they could not be dissembled : although i rather thinke these things in cuspinian concerning the emperours vices , to be spoken by cuspinian himselfe out of other authors , for that petrus de vineis should so write of the emperour , and that in the sayd emperours time , whilest he was in grace with him , seemes a meere fiction . neither doth cuspinian infinuate any such thing out of petrus de vineis , as m. barlow here would make vs belieue , and therfore this may passe for another vntruth . and to this we may adioyne a very solemne foolery , which followeth in the very next page , where forsooth he reiecteth blondus , by the same reason , by which he here iustifies petrus de vineis , to wit , because he was secretary and seruant to a pope , nick-naming him glozing recorder blondus , & painfull pseudolus , and yet he con●es●eth , that he liued two hudreth yeares after innocentius , in which respect there is lesse cause of any suspition in writing partially of innocentius , as hauing no dependance of him , then there is of petrus de vineis , seruant and secretary to the emperour , and writing whiles the emperour was aliue , and himselfe in his seruice . the third answer then , which of all the rest is most silly , and simple , m. barlow fetreth downe thus : thirdly saith he , neither did vineis write this as a seruant , but as an historian , who in all his tract must haue m●●e to the ●●th , without w●●ch as polybius wel resēbles , it is like a liuing body with al the bones taken out . thus he . and doth not this reason cleare as well blondus as petrus de vineis ? for did not bloudu● write as an historiā , & not as a seruant ? or did petrus de vineis write any history ? i would gladly know what proof he hath for the same , for i find no such history of his , nor any record therof , only i find recorded his epistles , as well in his owne name , as the emperors , & therfore as may be presumed , written by him more like a seruant , then an historian . and truly this reason of m. barlows seemes to iustify all histories , that euer were written , seeing that as he saith , an historian must alwaies haue an eye to the truth , and therfore petrus de vineis , when he wrot the history of the emperour , did write the truth , & so did philostratus , when he wrote of apolonius tranaeus , & gessrey of monmouth in setting downe the ge●ts of vther-pendragon , & prince arthar . these are the reasons of m. barlow , why petrus de vineis should be credited against innocentius , but that inuocentius should not be beleiued in his owne case , writing an apology for himselfe against petrus de vineis . this he would seeme to proue , harken i pray thee good reader , if thou canst without laughter , for m. barlow will play the vice in kind . but did the pope ( saith he ) write these bookes in defence of himself , to consute petrus de vineis ? surely that is an argument that he was guilty . and why , good m. barlow ? suspitionem ( saith he ) mihi facit nimia diligentia , saith s. hierome : pr●mptitude of excuse implieth a consciousnes of the fault . yea what sayth the same father of iudas the traytor , when our sauiour told his disciples that one of them should betray him , and all the rest of the apostles ( as stroken with griefe ) pluck their hands from the dish , forbidding meate to their mouths , & iudas only thrust in his hand . this he did , vt audacia bonam conscientiam mentiretur , that therby he might dissemble , & thinke to perswad his innocency with meere bouldnes . so he . and is not this good stuffe ? who euer heard wise man before draw an argument to proue one to be faulty for that he wrot in his owne defence ? for by this reason s. athanasius , s. basil , s. gregory nazianzen , who wrote apologies for themselues against their calūniators , shal also be guilty of these crymes , wherewith they were charged by their aduersaries : neither shall the emperour fredericke himself be free , who wrote diuers epistles in his owne defence , as euery where we find : yea your whole church of englād , m. barlow , shal be condemned , who wrote a lying apology for it selfe , refuted by d. harding , and shamefully defended by your brother , the superintendent of salisbury , m. iohn i●ell . and truly the inference of m. barlow in prouing innocentius guilty , for that he defended himselfe , being before wrongfully charged , is not more childish , then the proose which he bringeth for the same is impertinent , suspitionem ( sayth he ) mihi facit nimia diligentia , and then interpreteth it thus : promptitude of excuse implies a consciousnes of the sault . this is his reason ( if so it may be tearmed ) out of which it followes , that the sooner a man offers to cleare himselfe , the more he is to be suspected as guilty therof : which who seeth not how ridiculous it is : and moreouer i would faine know how , or vpon what ground , m. barlow doth gather , that innocentius was so prompt , or forward in answering , that his very promptitude gaue so great occasion of suspitiō , as that it was to be compared with iudas readines in putting his hand into the dish , to couer his malicious intention , for in this only standeth the force of his proofe : how ( i say ) doth he proue , that innocentius was more prōp● , then slow in writing ? or that he may not as well be condemned , for his too much slacknes , as for his ouer much ha●t ? what proofes are there for the one , more then for the other ? are not these pretty fooleries m. barlow ? may not any man proue quidlibet ex quolibet by this your manner of reasoning , in which you say what you li●t , and proue nothing at all ? and for the example of iudas , who seeth not that it much better befits m. vvilliam barlow , for betraying the earle of essex his maister , then innocentius the pope , for defending himselfe . but to returne againe to your former charge of pope innocentius . if the pope be not lyable to these former pretended imputations , of which we haue now fully cleared him , i would , as before i haue said , faine know what these acts were , that are here sayd to be descried , any could no longer be hid : for in cuspinian ( this popes professed aduersary ) i find no such personall crime obiected against him , but only the contention betwene him and the emperour , for which the whole councell of lyons , which represented the church at that time , doth cleare him , in condemning fredericke : and all authors , excepting one or two set out by heretickes , do not only cleare him , but also much commend him ; and out of petrus de vineis , m. barlow citeth nothing , wheras , me thinks , in so odious a calumniation , some instance should haue bene produced , some author alleadged , and things more specified , t●en in such generall termes . but that ( as the philosopher saith ●dolosus versatur in generalibus , the guilfull man goes vpon generalities : by which no man is so free , but may be charged , none so innocent that may not be condemned , especially if generall oc●asions , without particuler proofes may take place . but we against this general assertion , will produce the particuler praises , that authors do giue of this pope in which one thing the reader may note by the way , that as these writers commend innocentius for his prudence , learning , vertue , constancy , & other eminent talents : so in no particuler thing doe they condemne him ; of which we shall see the contrary in fredericke to wit , that his disorders were so great , and so gros●e , that euen his chiefest flatterers , that vse to make ex musca montem , to prayse him farre beyond desert , did yet by force of truth confesse his foule vices , as cuspinian , and the two matthews , i meane paris and vvestminster , as i shall anon shew , when i come to specify , what all authors write of him . but first let vs examine , what they say of innocentius , that so , contraria iuxta se posita , magis illucescant , two contraryes being confron●ed togeather , may both of them the better appeare . innocentius then for his learning , is called of volateranus , vincentius , philippus bergomas , tritemius , ioannetus , and those who wrote his life , doctissi●us , most learned : and by c●antzius , summus doctor , & iuris peritissimus , the chiefest , and most skilfull doctour of law : and durandus a famous l●wy●r of that tyme , calleth him the father of the law , as testifieth alphonsus ciaconius : and the same doth genebrad ou● of volateranus . and he was not only learned himself , but was also a great furtherer and fauourer of learning & learned men , as witnesseth the said genebrard , and tarcagnota . for his constancy and vpright dealing , he is called of paulus lauzius luthers friend , vir rigidus , & iustitiae tenacissimus executor , a seu●re man , and most constant executor of iustice. for his inuincible courage , of folieta , to be impauidi ad terrores animi , one who apprehended no feare . for his wisdome and prudence , he is said of the same author to haue bene , insignipictare & pruden●ia , of excellent pietie and wisdome . and the like hath ciaconius . for his prouidence , and circumspection , of the monke of padua , who then liued , sagacissimus papa , a most prouident , or circumspect pope . for his sanctity of nangis the french man , in the life of s. lewis , beatae & felicis vitae , and s●nctissimus papa , of a blessed and holy life , and most holy pope . and that this was the common opinion of him , through all france at that tyme , the testimony not only of this frenchman , who liued soone a●ter ; but also of blondus do make euident , who sayth , suanis●●mus erat in gallys famae odor grauitatis , sancti●atis , ac rerum ges●arum eius pontificis : cha●is , there was a most sweet odour in france , of the grauity , sanctity , and actes of this pope innoc●n●ius . and this seemeth to be confirmed by the singular reuerence and dutiful respect , which s. lewis of france did yield him at the councell of lions , as writeth paulus a●milius , in his history . and ioannetus in the li●e of this pope sayth , that the emperour was nothing glad for his election : norat enim virtutem viri , atque animi magnitudinem ; for he knew well his vertue and great courage . the same also is auouched by ciaconius , who with onuphrius panuinus a famous historiographer of our daies , giues him this ●●ncomium● multis egregys factis clarissimus , & ob vendicatam assertamque libertatem ecclesiasticam omnibus saculis laudatissimus ; most famous for his worthy deedes , and for recouering the ecclesiasticall liberty of the church , to all posterity most renowned . and therefore his life being so commendable , no meruaile though his death were be wailed of all good men , ●s testifieth hicronymus rubeus in his history of rauenna , saying : innocentius vitam cum morte commutauit , & quidem ingenti ●onorum omnium dolore . vir enim suerat magnitudine animi & vir●tute praestātissimus . i●mocentius departed this life , and truly with the great griefe of all good men , for he was a man both for courage , and vertue most excellent . but this is more fully expressed by vbertus folieta in these words : hic annus non modò genuensibus , sed omni christiano orbe atque omnibus bonis luctuosus suit morte innocentij . in vrbe neapol● &c. this yeare was dolefull not only to the people of genua , but also to all the christian world , and all good men , by the death of innocentius the . in the citty of naples ; who in the eleauenth yeare of his popedome , ended the course of his most renowned gouerment , with this noble act of adding the kingdome of naples , to the state of the church . this man was made memorable & famous to all posterity , as well for his exquisite learning , wherof he left notable monuments , as also for his excellent piety , his noble deserts towardes the weale publicke of christendome , and continuall , and infatigable labours , whose knowne vertue was so admired , and beleiued of all men , that bewayling his losse , they did commonly say , talem virum aut numquam nasci , aut numquam mori oportuisse , that so worthy a man either should neuer haue bene borne , or neuer haue died . so he . and that this their mourning was not for the present only at his descease , ciaconius testifieth saying : clerus , & populus eum dudum luxerunt &c. the cleargie and the people mourned for him a long tyme , as appeareth in the history of genua , written by augustinus iustinianus bishop of nebia , as also in ricardonus a florentine writer . so he . vvho also yealdeth the cause herof in th●se words : relicta apud omnes fama non modò excellen●is scientiae , & exquisitae virtutis , sed ettam integritatis vitae , admirabilisque prudentiae . for that he left behind him the fame , not only of excellent learning , and exquisite vertue , but also of integrity of life , and admirable wisdome . which rare encomium of good life , & long lamentation after his death , may be much doubted , whether it wil euer be left registred by any historiographer of m. barlow , vnles he make some great chang of himself from that which at the present he is sayd to be . and this may suffice for innocentius , wherby , good reader , thou maiest see and iudge with what truth & spirit m. barlow wrote of this pope , that he was forced to defend himselfe , for that his actes were discried , and could be no longer ●id . now then let vs see what opinion writers haue of fredericke , whom m. barlow so much cōmendeth , & defendeth against all popes and writers . although it be an odious and loath some thing to rake vp the ashes of dead men , and to rip vp their vices , which shouldly buried with them in silence ( for which cause i shal be the shorter in their rehearsal : ) yet inforced hereūto , euen against my inclination , by m. barlows importunity , or rather impudency , who to commend this emperour , blusheth not to condemne so worthy a man , as you haue now heard innocentius to haue bene . but i shall deale more vprightly therin , then he hath done with the pope , for that i will charge the emperour no further then with that , which i find him in all historiographers , or publicke recordes to be charged withall , one only schismaticall vrspergensis being excepted , who in this , as i haue shewed , de●erueth no credit . and to beginne with them , who seeme to fauour and defend him most , i meene matthew paris and cuspinian , the former hauing set downe an epistle of fredericks to king henry the third of england , written after his excommunication , and deposition in the generall councell of lions , giueth his censure therof in these wordes : haec cùm ad christianissimos francorum & anglorum reges nuntiata peruenissent &c. when these things came to the knowledge of the most christian kings of france and england , it appeared more cleare then the sunne to them , and their nobility , that frederi●ke with all his endeauours went about to anihilate the liberty and dignity of the church , which he himselfe neuer aduanced , but was established without his liking , by his noble predecessors : and therfore making himselfe suspected of heresy , did impudently and imprudently extinguish , & worthily blot out that little sparke of good name , which hitherto he had amongst the people , for wisdome and prudence &c. and with matthew paris agreeth matthew of vvestminster , saying , that by this letter , se volens excusare , impudenter accusauit , going ● out to excuse the matter , he did impudently accuse himselfe . and as for cuspinian● although by all meanes he seeketh to excuse and iusti●y this emperour ; yet were his vices so notorious , as he could not conceale them altogeather , but hauing set downe those things , which he thought commendable in him ( as there are none so bad commonly , but that some good thing or other may be noted in them ) he concludeth his prayses thus : has praeclaras virtutes contamina●unt , & obscurarunt etiam quadam vitia , sae●itia scilicet hominis , & libido immensa , qui praeter gentis morem concubinas multas & scorta aluit . these noble vertues certaine vices did staine and obscure ● to wit , the cruelty of the man , and his vnsatiable lust , who against the custome of his countrey did maintaine many concubines and queanes . and this , as already hath beene noted , he speaketh of himsese without any reference to petrus de vineis ( as m. barlow would haue vs belieue : ) neither want there store of authors who tax him for the same . and for the first , palmerius saith , he was non essrenis modo ira , sed rabie , & crudelitate immanis , not only impotent in anger , but fierce with rage and cruelty : which folieta tearmeth , barbaram crudelitatem , barbarous cruelty : vvernerus , in fasciculo temporum , calleth it tyrannidem , tyranny . and he that shall but read what he did at his siege in rome , related as well by german authors , to wit crantzius , nauclerus , huldericus mutius &c. as by blondus , sabellicus , m●ssia , iacobus philippus , and others , shall well see that he was not only cruell , but barbarous and tyrannicall indeed : for thus doth crantzius relate the matter , and with him do the rest agree : but i haue chosen him out of the rest , as being a german ; for the germanes , as m. barlow out of cuspinian noteth , doe write more faithfullie of their owne affaires , then other strangers , who cannot so well conceaue them : and this author is more graue , learned & ancient then the other two . fredericus pontificem & ecclesiam satigabat &c. fredericke did afflict both the pope and church : those who were signed with the crosse , once resisted his comming , for hastening to breake downe the gates , and wales of the citty of rome , those of the crosse stood in combate with the mighty army of the emperor : at which he being afrighted was so moued with fury , and rage , as fighting in the van-guard , he cryed out that all such as wore the crosse , and could be taken , should be brought vnto him aliue : & the romans that were brought vnto him , he caused partly to be thrust through with foure woundes , after the fashion of a crosse ; and partly he cut their heades into ●oure partes , and caused their forheades to be cut with crosses : but clergy m●n that did weare their crownes shauen , he commaunded to haue their crownes ado●ned ( as he tearmed it ) with a cro●●e , cut into the same with a knife , of whome one for that he seemed to beare the wound too patiently , they tyed him with a rope , and drew him through a heape of straw , or chaffe , and when as he still preseuered to prayse & glorify god , they burned him . so he . againe in the end of the same chapter : mirae sunt , & raro aliâs auditae crudelitates &c. wonder●ull are the crueltyes & seldome heard of before , which at this tyme fredericke shewed against the legates of the church , throughout the kingdome of sicily , who partly killed many archbishops and byshops , partly kept them in prison , partly banished them : amongst these was the bishop of catana , by whom frederick from his infancy had bene brought vp . so crantzius . and more also in the ensuing chapters , especially the . which for breuity ● omit . only i will add vnto crantzius two other germanes , nauclerus and mutius , who speaking of his siege of parma , say , that he caused as many of his enemies , as were taken to be shot out of great crosbowes into the towne : and vsing great cruelty as well to women , as men , caused many to be torne in peeces before the gates of the cytty &c. and could there be any more barbarous cruelty or tyranny then this ? besides these two examples of his outragious cruelty , one more , omitting the rest , we will adioyne in another kind , out of a germā history , called compilatio chronologica , wherin is recorded , that this frederick maintained certaine man-quellers , and desperate cut-throats which were sent from a pagan prince in syria , king of the assassines , from whome the name of assasinates seemes to be deriued , whose proper profession was to hazard there liues to murther any man , when they were set on worke : and they were the more resolute and desperate in this behalfe , for that they held their obedience herein , to be a special act of religion , yea to be rewarded , and crowned with immortality in the next life , as may be seene in nubrigensis . the king or prince of those people , is alwaies called vetus de monte , or vetustus de montanis , that is , the old man of the mountaine , rather in respect of his wisdome , and grauity then for his age , sayth nubrigensis , being held for a prophet , by those bloudy murtherers . then fredericke had diuers at his commād , by whose help he killed the duke of bauaria , and also ( as monachus paduanus addeth , who liued at that very tyme ) the duke of hungary . which examples fully expresse the horrible cruelty of his nature , & how much he thirsted after bloud . and so much of this . let vs now come to the second . for the other vice of licentious life , & that in so high a degree as little beseemed his imperiall maiesty , there are many proofes ; for with cuspinian agreeth messia , in the life of fredericke , ciaconius in the life of innocentius , blondus out of the relation of one who then liued , and wrote what he saw and knew , nauclerus , crantzius , huldericus mutius , crusius , colenutius , and out of him iohn fox , who setteth downe the matter somwhat nicely , with a ministeriall diminitiue phrase , or ( to vse m. barlows words ) with an hypocoristi●all alleuiation , as being loath to touch him too neere , who was so eager an enemy to the pope , saying : he was not without his fault and human fragility , for the vvriters impute vnto him some fault of concupiscence , wherwith he was stained and blotted , and it appeareth that he was not all cleare therof . so he . and truly i smyled when i read this clause , some fault of concupiscence , in fox . for seeing that euen in the regenerate in the protestants opinion , concupiscence is a sinne , and so still remaineth after baptisme , why is it here imputed as a speciall fault in this emperor more then in other men , seeing that all men are as guilty therof as he , as hauing it al alike engendred within thē ? but he meaneth his wāton life , which he would closely couer with the generall and gentle title of concupiscence . for he addeth that he had by sundry concubines three base children , entius king of sardinia , man●redus prince of tarentum , and fredericke king of antioch , which is somwhat more as you see , then bare concupi●cence : and yet much lesse then others do write of him in this kind . for who so will read his siege of parma , when he lay at his new towne of victoria , shall find almost in euery author , the great multitudes of women , which he there kept , who a●ter the turkish guise ( for to that sect as all testify he was singularly deuoted ) were attended vpon by eunuches , or , as bonauentura angelus in his history of parma sayth , by droues of eunuches , for which he is specially taxed , as i sayd , by all authors : to which their generall and vniforme consent , i see not what for proofe can be added , or answered for reply . and to shew further the base mind of this lasciuious emperour , besides his owne personall misbehauiour in this filthines , crantzius relateth one example of his beastlines , as may alone shew how far this his faulty concupiscence did extend it self . for to gratifie the turkes ( saith crantzius ) as well those who followed him in his warres , as those that liued in africk , he not only suffered , but procured throughout all sicily and his kingdome of italy , the fairest women , and maidens which the turkes lusted after , to be taken from their parents bosome , and married wiues euen out of their husbands armes to be giuen vnto them . so he . and was not this a vertuous man trow you ; who to pleasure the turkes , sworn enemies of christ , would thus deale with christians ? and doth not this man deserue to be credited , speaking in his owne behalfe before pope , all writers , and whatsoeuer other testimony ? but indeed this dealing was conforme to his deuotion , for he who so vilely esteemed of our sauiour himself , no meruaile if in his other behauiour he were so irreligious , base and wicked : for , as we haue before out of fazelius shewed , he held our sauiour and moyses to be no better thē mahomet , calling them all three seducers , as with fazelius the chronicles of augusta , and compilatio chronologica , both german histories do auouch ; and moreouer affirme , that he speake the same in the hearing of henry the lantgraue , saying withal ; if the princes of the empire would but follow me , i would ordaine a b●tter maner of beliefe , and li●e for all nations . and verily it seemeth , that he aymed at this , when as you haue seene before , out of his owne epistle , set downe and censured by both the matthews , he went about to abase all the clergie , by taking all liuings from them , and to depriue them of all their dignity : ●or that being once effected , he might with more ease afterwardes haue made a new clergy , a new faith , a new christ : but he forgot in this his foolish feruor , what the kingly prophet dauid said , and praied against such attēptes , omnes principes qui dixerunt hereditate possideamus sanctuarium dei &c. all tho●e princes , who haue sayed , let vs possesse , as our inheritance , the sanctuary of god , let them be , o my god , as a wheele , and as straw before the face of the wind : as a fier that burnes the wood , and as a flame that consumes the mountaines . so shalt thou persecute them &c. which seemes in some sort to be verified litte●ally in this man , who after his excommunication , being in extreme calamitie , as well by the election of another emperour , & defection of a great part of the empire from him , as also for that one of his sonnes , to wit , entius king of sardinia was taken prisoner by the people of bolognia , and another was dead in apulia . likewise himself percussus est ( saith matthew paris ) morbo qui dicitur lupus , vel sacer ignis , was stroken with the disease which is called the wol●e , or holy fier ; whereby he was so humbled ( as the same author witnesseth ) that he offered vnto the pope good conditions of peace , according , saith matthew , to that saying of the psalmist , which followeth immediatly in the same psalme by me now alleadged , imple facies eorum ignominia , & quaerent nomen tuum domine : fill their face with confusion , and they will seeke thy name , o lord . and this chastismēt of almighty god , as it began in his owne person , so it continued in his issue , partly whiles he liued , & partly after his death , vntill they were all extirpated . in his life tyme , his sonne henry was made away by his owne procurement , being cast into pryson where he was eyther poysoned , by his command ( as some thinke ) or else died naturally , as others report . entius , was taken by the bolognians , and there after twenty yeares restrainst and more , being kept in an iron cage , he pined away , and died miserablie . bononiam ductus ( saith muti●● ) mittitur in ferream● caueam , in qua sordidissimo victu nutritus , miserimam vitam post aliquot annos finiuit . entiu● being brought to bolognia is cast into an iron cage , in which being intertained with most filthy diet , after some yeares imprisonmēt ended a most miserable life . so he . his other bastard-sonne fredericke died in apulia . and after the said emperour his death , his sonne conrade king of sicily was poysoned by manfred his bastard-brother , and manfred was slaine in battaile , by charles of ang●ow : and conradinus sonne or nephew to conradus ( for in this authors differ ) was beheaded at naples , and so ended the race of this wicked and vnfortunate emperour , of whome that may iustly be said , which iob speaketh of the like men . haec est pars impij apud deum &c. this is the portion of the wicked man with god , a●d the inheritance of the violent ( oppressors ) which they shall receaue from the omnipotent . if his sonnes shal be multiplied , they shall die by the sworde , and his nephews shall not be filled with bread . all whome he shall leaue behind him , shal be buried in destruction . which if all princes could remēber amidst their greatnes , no doubt , but they would be more moderate in their power and actions , and also feare him more , qui au●ert spiritum principum terribilis apud omnes reges terr● : who taketh away the life of princes , and is dreadfull to all the kinges of the earth . before we haue set downe out of the councell it self , then which there can be no more graue , or greater authority , all the causes of his condemnation , as his sacriledges ; his periuries vpon periuries ; his perfidiousnes to the christians ; his treacherous treaty with the soldan ; his spoiling of churches and monasteries ; his expelling of the christians out of nuceria , and giuing it to the turkes ; his reuiuing the foule faction of the guelphes and gibbelines ; all which and many more , as they may be seene in the sentence of innocentius , and seuerinus binnius : so also many other authors might be alleadged for the same . and he who listeth to read more herof , may peruse vvilliam of nangis the frenchman , in the life of s. lewis : and with him all the authors whom before we haue cited , where some of these things haue bene more particulerly touched : which no doubt was the cause why vviceli●● a german in his epitome of the popes liues , in this innocenti●● the . spake so contemptibly of the emperours death , as he said , sub hoc perijt bestia fredericus : in the time of this pope died that beast fredericke . and the monke of padua , registring the same death , saith ; vitam amisit in apulia &c. on s. lucies day fredericke died in apulia , and descended into hell , carrying nothing with him but a sack of sinnes . so he : far different from that which before we haue heard others to write of the death of innocentiu● . and this may suffice to shew what smal reason m. barl. had , so much to iustify this emperor : & for his sake to cōdemne the popes who then liued , forgetting in bo●h that seuere cōmination of the holy ghost . qui iustificat impiū , & qui condemnat iustum abominabilis est vterque apud deum : he that iustifies the wicked , and he that condemnes the iust , both are abominable before god. which makes m. barlowes case the more pittifull , for that he alone hath done both the one and other in this example . god send him grace to see , repent , & amend his errour . and so much for fredericke the second . i will now end this matter , with this aduertisement to the reader , that whereas m. barlow & others of his profession , vse to serue themselues much out of the writinges of matthew paris , cuspinian , & peter de vinei● , the truth is , that no one of them deserueth so much credit , as our aduersaries would faine force vpon them . for the first hath many fables , contradictions , railinges , and dogmaticall assertions , which little beseeme a religious spirit , or true catholike , which at least he was knowen to be : and therfore as well this matthew , as the other , being set out by heretikes , and printed at london , by order , as i haue bene informed , from the superintendēt of canterbury that then was , and no other ancient copie being extant that i can heare of , that might be conferred with this in print , it is very likely , that many thinges which are now vrged against vs , are not the wordes of matthew paris the monke , but of matthew parker of canterbury : and he who shal but reade harpsfields history , & examine the places which he bringeth , or things which on their authority he auoucheth , shall soone see , that his matthewes spake otherwayes then these , who in many thinges are made to write like good protestants , although hitherto nothing hath bene alleadged out of them by m. barlow in this matter , which i haue not fully answered . iohn cuspinian as he is a late writer , so is he of little credit , especially for his bookes of history of the emperours which himselfe neuer set forth , but as gerbelius writeth , morte praeuentus inemendatos , & ob scriptoris inscitiam soedissimis er●oribus deprauatos reliquit , being preuented by death , he left his bookes of history vncorrected , and through ignorance of the writer , corrupted with most filthy errors . so he . by profession cuspinian was a phisitian , & knew perhaps how to frame his potions , according to the complexion of the receauers , and therfore this frederick being descēded as some thinke , or at least by marirage neerly allied to the house of austria , he thought by making the most of him , to gratify both maximilian his maister , and yong charles the fifth of the same family , yet seeing he neuer set forth this booke , but left it imperfect , vncorrected , full of errors &c. & that afterwards it was first published by nicolas gerbelius , a protestāt-brother of strasburge , as may be presumed , who printed it in the yeare . we may well thinke , that it was sauced by the setter forth , according to the new ghospell , and good appetite of them of his owne profession . and as for petrus de vineis , besides the iust exception of partialitie , which i tooke against him in my letter , and that which i haue already answered vnto m. barlowes reply therunto ; i shall not need to adioyne any more . wherfore i will only content my self with two censures which i find in two authors of him , to wit , in s. antoninus an italian , and tritemius a german . the first noteth him in these words : iusto dei iudicio factum videtur &c. the death of petrus de vineis seemeth to haue byn procured by the iust iudgment of god , that because he had done many things to please the emperour , against the church , in fauour and excuse of him , by him he was condemned , for whome he had offended both god and the church . so he . and tritemius thus writeth of him , petrus de vineis &c. peter de vineis by nation a german , secretary & counsellour of the emperour fredericke the second , was a learned and eloquent man , but in this very faulty , that adhering to frederick , he did in fauour of him , barke like a foole ( stolidus latrauit ) against the roman church , by whome he was worthily rewarded : for hauing in some things offended him , he had his eyes pulled out &c. so he . and in his catalogue of worthy men , to the like c●nsure , he addeth this clause , hoc praemium eorum &c. this is the reward of thē , who do serue the humors of princes , against the obedience of the roman sea , and vicar of christ , and like wretches fall headlong into hell , except they repent &c. which aduertisment being giuen by so graue an author , before these controuersies were raised by luther , i wish m. barlow , and all other in authority and credit with princes , as petrus de vineis was , seriously to ponder . of the emperovr fredericke the first , whose picture was said to haue bene sent to the soldan by pope alexander the third . and of the charge of alexander the sixt , touching the death of zizimus or gemen , m. barlows innocent turke . §. iii. method and rules of learning require , that euery thing be put downe in his due place and order , and therfore me thinks that fredericke the first should by all reason , haue bene mentioned before the second fredericke his successour , especially seeing that there is another obiection made a litle before out of this very emperour and pope , wherunto this might well haue bene annexed , had it not bene that the margent of the apology was to be filled with citations , and the text with variety of examples , to make popes more odious . but the transposition we●e pardonable , if the thing auouched were true , and the reader not abused by these forged calumniations , who through the heat and heape of many words , is made to conceaue , that m. barlow sayth much to the purpose , and with great sincerity : wheras all he hath , is nothing else but vaine thrasonicall ostentation , impudent lying , & that which alwaies accōpanieth the loose liberty of a licentious tongue , exorbitant rayling against all sorts , and degrees of men whatsoeuer . and this , as it hath bene euery where already shewed : so shall it be more in this , and the other ensuing chapters , though with much more breuity then the former , least both this chapter and the whole booke , be drawne forth to greater prolixity and length , then i haue purposed with myselfe that it should be : which only reason hath made me in other places , to leaue more aduantages , then i might haue taken against m. barlow ; albeit i haue taken more then i thinke will stand with his credit , or honesty , if yet he haue any part or parcell of the one or the other left him . but let vs heare him speake , if he can without lying , which here i assure you he will not , but begin with a round one , at the very first entrance . for thus he sayth : another instance ( saith he ) obiected ●y his maiesty ( which pincheth their holy father to the quicke ) is of that pope , who when emperour fredericke was in the holy-land , ●ighting in christs quarrell ( ●earing that his returne would be some annoyance to the romish sea ) betraied him to the soldan , to whome he directs his priuate letters , and with them also sent the emperours picture , in case the soldan should mistake his person . so m. barlow . and least any man should misdoubt of the certainty of this thing , he saith , that i made no answere therunto , because in likelihood i saw it vncontrollable . but i hope so now to check and controle the same , as all indifferent readers shall cry shame on m. barlows ignorance and impudency , who in so false and forged a matter , reposeth so great confidence , as to affirme , that it pinchet● the pope to the quicke , and is incontrollable . and to answere first in general to this brutish charge ; i say , that it is full of malice , deuoid of truth , and wholy founded vpon lyes , which i shall by such euident demonstration euince , as better proofe in such a matter cannot be required , or had . but first i must aduertise thee , gentle reader , that reason and modesty required on m. barlows behalfe in so odious and iniurious an accusation , that some author , record , or proofe should haue bene produced , for confirmation of the same , especially seeing iouius who was first cited in the latin and english apology , was by me denyed to haue any one word therof . but insteed of prouing this , m. barlow telleth vs , how saul sought for his fathers asses , and found thē not in salila , nor salim . but howsoeuer he sought and found them not there , here i am sure we haue found one at least , if to play the formall foole , as m. barlow doth often , may deserue that title . but let vs examine the thing it selfe . the pope , who is charged in the apology of the first and second edition , as well in the english as latin copies , is alexander the third , much by all authors , as well of that time , as of the ensuing ages praised both for a worthy pastour , and excellent man , as baronius in his last tome , through the whole course of his popedome doth shew , and s. bernard giueth an honourable testimony of his demeanour before he was eyther pope or cardinall , as also the french author robertus de monte doth after his death . and did this man i pray you send these letters and frederickes picture to the soldan ? it is incredible ; and no otherwise is it here verified , then by a bare assertion of m. barlow , by which kind of proof , i may as well proue him to be a souldan , or turke , as he doth , that there was euer any such letter or picture sent . and truly , there is as much ground for the one , as for the other : and as well shall i be able to shew , that this matter betweene frederick and alexander is a meere counterfait fiction , as euer he shal be able to shew , that he is not a souldan ( for of his being a turke i will not so much contend , seeing him so earnest in defence of gemin . ) and truly if in any thing , the vniforme consent of all historiographers be to be heard , it is not to be reiected in this , but it were to long and vnnecessary a labour to lay downe , what all of them haue written in this affaire . it shall suffice me to alleadge , that wherein they agree with thē who then liued , as nubrigensis , houeden , robertus de monte , & nicetas the grecian , or not long after , as the two matthewes , to whome i will of protestāt writers ad huldericus mutius a zuinglian , & martinus crusius a lutheran , that m. barlow may the better perceaue how exorbitant his malice and folly is , that wil haue that passe for vncontrollable , which by all manner of writers is contradicted . first then , by both the matthewes , and houeden , it is euident that frederick at the persuasion , and preaching of henry cardinal , and bishop of alban , sent by cl●m●nt the third , as legate vnto him , first resolued to weare the crosse , and to vndertake the warre of the holy-land , & that in the yeare . as with them testifieth nubrigensis : though the lutheran in this differ from them in putting this resolution of the emperour one yeare sooner , which maketh little or nothing at all to our purpose , although in the next yeare he say , that at the instance of clement the third pope , the emperour prepared himself to the field . so that all agreeing herein , that frederick went at the persua●ion of clement ; and further it being cer●aine , that clement was not made pope vntill the yeare . there can be no difficulty touching this controuersie of the time . and no lesse cleere and certayne it is by these writers , that frederick set not forward towardes syria , vntill the next yeare after , . for so say both the matthews , nubrigensis , robertus de monte , and cr●sius , who al●o agree , that he was drowned the yeare after , to wit . and in this i see no difference or variety of opinions , amongst these writers . and albeit there should be any about the tyme , when he resolued to wag● this warre , or when he was drowned ; yet in this all ioyntly , without any contradiction , agree that he went this voiage , and died diuers yeares after pope alexander the third his death . but this computation of time which i haue declared as it is most common amongst authors , so is it conforme vnto truth , which none could better know then those who liued in that age : amongst whome in this point as i said there is no disagreement , for they all say , that he se● forward for syria in the yeare . and that in aprill , as both matthews auouch , on s. georges day from reinsburg , or ratisbon , & going all the way with his whole army by land through hungary , bulgaria , thracia , and other countries as houeden writeth ; finding also such vnexpected hind●rances in greece , at isaacius his hands , who was then emperour of the east ; it must needes follow , that it was very late in that yeare before euer he could ariue into the holy land. in so much , as nicetas a greeke historiographer then liuing , saith that he came not thither vntill the beginning of the next yeare , which as it was the first of his arriuall there ; so was it the last of his life , to wit , the yeare . as we haue said , and all the authors here cited doe testifie . all which if we suppose ( and who , against the authority of such manner of witnesses , can make any doubt or exception ? ) and withall consider what , not only all these english writers , with the protestantes , but all other authors besides extant before these later controuersies in religion were raysed , do write of the time of the death of pope alexander the third , which by the vniforme testimony of them all ( two only ●xcepted , who put it a yeare later ) fell out in the yeare . he i say who shall consider all this , will blush for very shame , if he be m. barlows friend , to heare him thus resolutly to affirme , that when frederick was in the holy-land fighting in christes quarrell , fearing that his returne would be some annoyance to the romish sea , the pope betraied him to the soldan &c. for how i pray you could he betray fredericke , being in the holy-land , who was dead eight yeares and more , before euer he came thither ? for now we haue shewed that pope alexander the third died in the yeare . which was s●auē yeares before fredericke resolued to weare the crosse , and wage that ba●taile , and more then . before his arriuall into armenia where he was drowned . and here to vrge m. barlow with a dilemma : eyther he knew this diuersity of time , i meanne of the popes death , and frederickes expedition for the holy-land , when he wrot his booke , or he knew it not . if the first ; then is he very shameles , and malicious , who contrary to his owne knowledge and conscience would deceaue his reader in a printed booke , and that in so triumphant manner , as you haue heard . if he knew it not ; then truly he is very ignorant , and vnworthy to write in defence of so great a monarch as his maiestie is ; and withall very negligent , that would not so much as see , & search his authors ; or els very foolish and simple , if he would haue vs belieue him without any other authority , or proofe then his bare word , which i thinke of his next neighbours will not be taken for much . and by this example the reader may know how hereafter to trust him in other places , when he vaunteth and braggeth of aduantages , for these are but suddaine pangs , wherunto the desperatenes of his cause doth driue him , when no other answere can be made . for what is true , or vntrue , ●e seemeth to care little , or not to seeke much , but only indeauoreth to intertaine talke , and get his fee ; and yet this is the man , who in his epistle to his maiestie thinketh me too weak to dispute with him ; and so braggeth of himselfe , as that , he hath neither dallied , nor deluded his reader : yea so farre is he confident in this his answere , that he sayth , he assureth himself security ●rom any sound reply thereto f●ō me . but what eyther of vs haue done in this kind , he for answere , or i for reply , not he , nor i , but the reader must iudge . and yet heere i dare bouldly interpose thus far also mine owne iudgement , that if m. barlow be no more exact in other thinges then he hath bene in this , let him brag as much as he list , & flatter himselfe , with the conquest before euer he see his aduersaries weapons ; let him ●ound out his owne triumphes in euery page of his booke , and make himselfe as glorious as he can : yet it wil be more eas●e , then prayse worthy for any aduersary to refute him , seeing his pro●es are euery where so weake , his lies so frequent , his citations so corrupt , and the whole order & method of his discourse so patched , harsh , and disioynted , to speake nothing of his rayling , flattery , and slanderous detractions , as ( like the apples of gomorrha ) with a light touch all wil resolue to smoke and dust , as any one , who with indifferent attention shall reade ouer the same , will soone confesse . for what now i pray you is become of all this sharpe charge , and virulent accu●ation of pope alexander ? is it not euidently demonstrated , vpon the diuersity of the time of fredericks being in asia , and death of the said pope , to be counterfait , to be false , to be impossible ? i thinke m. barlow will not affi●me that pope alexander by speciall priuiledge before the generall resurrection did rise againe from death to life , to dispatch this busines of betraying the emperour : and yet i call back my word againe , for i see by this charge , that he is resolutel● bent to affirme any thing . and this priuiledge the poore man must confesse , or else cry guilty against himselfe , of as many lyes , as there be lines in his accusation ( to speake the least ) for here is no pinching instance , but a forged fiction , no betraying of the emperour , whiles he was in the holy-land , no letters , no pictures , no pope alexander then liuing , noe feare of annoyance to the romish sea , with which at that time frederick was vnited in all loue and freindship , & at pope clements request vndertoke that enterprize , which m. barlow truly calleth the fighting in christes quarrell , though it were not for the protestant ghospell , but for the preseruation of the catholicke faith in the holy-land , which this minister and his mates in their bedlam bookes , and sermons call idolatry● the vvhore of babylon , antichrist , and the like . but it was sufficient with m. barlow in this place , to make it christes quarrell , because he meant to force it against the pope : such is the wit , conscience , and sinceritie of the man. and truly in this place , seing the truth so cleere , and testimonies of authors so consonāt , i was somwhat moued with curiosity to see , if eyther in the apology of the last editiō with the monitory epistle , or the torturers book , there were any thing more said for this fable , in supply of m. barl. defect , & silence in the same . in the former i only found mētioned the history of fredericke , written in dutch , in the other , many names , as the dutch historie , our english bale , scardius the german caluinist , and besides thē , barnus , ioannes marius , & cremonensis : but all this noyse is but emptie wind , all these witnesses but one , and he scant worth the taking vp . for this dutch historie , & scardius is all one , and so is scardius and bale , the one taking it out of the other : the three catholike names ( if they be catholickes ) serue but for cyphers , to fill vp paper , for no words of theirs are cited , no workes extant of this matter that we can heare of , vnles perhaps lately printed at amaur●t in vtopia , anno magno platonis , and so conuayed into england amongst our ministers . and as for the narration of bale in his centuries of this fredericks death , it is so frought with lies , & those grosse , palpable , ill coherent , and incredible , as a learned writer of our age hauing refuted many of thē , addeth in the end his censure or iudgemēt of the author , in these words . piget taedetque plura vanissima balai mēdacia percensere , quae adeo sunt enormia , vt posteros nostros vix putē credituros fieri potuisse , vt hoc saculum nostrū tam e●●rontes criminatores & calūniatores protulerit . that is to say : it doth loath and trouble me to recount more lyes of this most vaine bale ( in this matter of fredericke ) which are so grosse , or enormous , as i scarcely perswade my selfe , that those who shall liue after vs , wil euer be brought to think it credible , that this age of ours hath brought forth such shameles accusers , and slanderers . so he . and if any list to make tryall hereof , let him turne to the place here by me cyted , and he will desire no more satisfaction in this behalfe , but for euer after loath from his hart so lying a mate . and here the reader may with himselfe consider that if we against the knowne testimony & written histories of former tymes , should alleadge to the contrary our onely bare assertions , as m. barlow doth in this without further authority , coniecture , or proofe , how would our clamorous english clergy cry out against the same ? how would they exaggerate such an aduantage ? and yet here in a most heynous accusation against all writers , without all proof , we must stand to m. barlows bare assertion , or else to two moderne writers , both heretikes , both enemies , to wit iohn bale , and simon scardius , who ( especially the former for his notorious lying , and lasciuious scurrilitie ) with vs , the lutherans , & all learned protestants are of as much credit , as robin-hood , and little-iohn . but let vs proceed with that which followeth in m. barlow , who for that i sayd in my letter , that paulus io●ius in his second booke , did not testifie this matter ( though he were ●yted for it , both in the english and latin bookes of the apology ) replyeth against me thus . if saul in seeking his fathers asses , had returned such an answer , or himself retyred , because he ●ound them not in salila , and salim , he had not proued saul inter prophetas . so contume●●ous still is m. barlow in all his speaches ; but we haue now shewed where the asse , without further seeking is to be found . let vs likewise see how prudent his answer is , or rather euasion . the printer , sayth he , displaced the quotation , giuing it a higher roome by fiue lines in the page then he should haue done , for that it concerned the next story imediatly following . but then i would aske m. barlow , why the letter f. was placed in the text before alexander , and the same correspondent in the margent in paulus ●ouius ? could the printer also change the letter in the text ? and not only this , but the latin translation also , that came after the english hath the same quotation of paulus ●ouius , annexed with the letter a. both in the text and margent , vnto the same storie . was this also the slip of the printer ? besides this , the sayd latin translation leaueth out the word tertius , and nameth only alexander : will you assigne this also to the printer ? but if this quotation of iouius did not se●ue to this allegation about the popes writing to the sol●an , what other author is there , that doth testifie so odious an accusation ? for if that had bene omitted , then why had not m. barlow now supplyed that defect , with aleadging or quoting some author , that testifieth the same ? lastly , for that we ha●e bene ouerlong in this matter we shall end with one only example more , which is , that wheras he alleadgeth out of cuspinian , that pope alexander the sixth did take two hundreth thousand crownes of baiaze●es the emperour of the turkes , to cause his brother gemin whom he held captiue in rome to be put to death , which soone after ensued , he being in the french-mens hands that tooke him with them from rome , when charles the eight king of france passed that way with his army towards the conquest of naples : i answered , that concerning the story it self , true it is that cuspini●n , that gladly seeketh occasion to speake ill of popes , writeth that the sayd gemin or zizimus ( for by both n●mes he is called ) brother of the turke , was put to death by poyson in the army of the french-men , haud ignorante pontifice , pope alexander not being ignoran● thero● . but he sayth nothing that the pope procured the same , as neyther that he receaued the sayd summe of two hundred thousand crownes , as neyther doth iouius , though he doth m●ntion that such a summe was offered by the ●urke , togeather with ●estis incons●tilis christi , the garment of our sauiour without seame . and that besids these authors , others also writing therof do relate the matter doubtfully , as onufrius panuinus , saying , that he died at capua of a bloudy flux , without mentioning poyson● and before him sabelli●us relating the matter as doubtfully , saith : fuerunt qui crederent veneno subla●● : there were some that belieued that he was made away by poyson , & that pope al●xander was not ignorant thereof . and albeyt m. barlow about this poyn●●●riueth to vtter a gr●at company of wordes , partly to proue that which was not denyed , that diuers authours do make mention of this thing ( though with vncertayntie as you haue heard ) partly in amplifying the wickednes of the thing , to yield to the putting to death ( as he sayd ) of an innocent turke ; partly by inueghing , and scoffing at the offer made by the turkish emperour of vestis inconsutilis christi , of christs garment without seame , deriding much in his veine of infidelity , that such a garment can be imagined to haue come downe from the souldyers , that cast lotts ouer it , vnto the turks hands ( and yet notwithstanding it is knowne , and confessed that he had taken ierusalem , and thereby had the spoyle of all christian monumentes of that place ) but much more scorning , that now such a relique , forsooth , should be made the price of innocent gemins bloud , without any iust cause giuen for the same ( and yet can it not be denyed , but that he had rebelled against his lord and brother the emperour and procured both against his person and state what mischife he could : ) all this , i say , notwithstanding , it is euident that these wordes of m. barlow are but wind to intertayne tyme , and fill vp paper , as he hath bound himself by the enterprize , he hath takē in hand , & so you will see , partly by the stir he maketh about my very last wordes , and lines in this matter , which yet i assure m● , being equally considered by the indifferent reader , will not seeme so reprehensible . for these they are . if a man would goe about ( sayd i ) to discredit kingly authority , by all the misdeeds of particuler kings , that haue bene registred by historiographers , since the tyme that popes began , he should find no doubt aboundant matter , and such as could not be defended by any probability : and yet doth this preiudicate nothing to princely power or dignity &c. for this speach of myne , which m. barlow termeth a yerking comparison of kings with popes ( though i know not why ) he inueigheth greatly against me , alleadging first out of seneca , that art cannot long estrange nature , as though out of nature belike , i were inclyned to make such comparisons , and then likening me to venus her cat , that was trickt vp ( as he sayth ) like a wayting-mayde , but yet she discouered her self when she saw a mouse : so the censurer ( quoth he ) who all this while , would make the reader belieue , that he confuted only one t. m. the younger , who being exasperated with his round cāuasing of the pope , he forgetteth his dissembled aduersarie , and retorts vpon kings . so he . and do you see his vanytie ? is the very naming of kings , especially in so honourable a sense , as i doe , for mayntenance of their authority , sufficient to make retorting vpon kings ? or is the mentioning of kings in generall a sufficient inference , that i meane of his maiestie in particuler ? what speach can be free from calumination , when such sicophancy is vsed ? doth not euery man see the itching humour of adulation , discouered here vpon any least occasion ? but let vs heare some reason of his . vvhat insolency ( sayth he ) is this , to compare popes with kings , subiectes with superiours , for euen preists as well as others are subiect to their soueraignes , by chrysostoms rule . and so say we also syr , in temporall affaires , belonging to the comon wealth . but how doth this inference of yours hould ? priests are subiect vnto temporall princes , that are their soueraignes : therefore also popes . is there no difference ? and for that you name s. chrysostome in this matter , and call it an insolency , to compare kings with popes , i would demaund of you , whether you euer read s. chrysostome de comparatione regis & monachi , of the comparyson of a king and a monke : as also his other books de sacerdotio ? and if you haue , and vnderstood , what you read , then will you haue seene that s. chrysostome preferred ●he dignity of both the one , and the other , monke and priest , before the dignity of a king. and cardinall bellarmin● last booke , and third chapter doth alledge so much about this matter , as maketh it sufficiently cleere , without any derogation of princely authority at all . an examination of certa●ne ●entences , and avthor●ties of ancient fathers , alleadged by cardinall bellarmine in his letter to m. blackwell , and impugned by m. barlow . chap. vi. among other points that were impugned out of cardinall bellarmines letter , were certaine sentences , examples , and authorities of ancient fathers , about the oath . and first of all was the comparison of the subtill art , and deceipt ( said i ) vsed by iulian the emperour , surnamed the apostata , and recounted by s. gregorie nazianzen , in placing , and inserting the images of his false gods , into the pictures of the emperour , in his imperiall banner , so as no man could bow downe , and do reuerence to the emperours picture ( as then was the custome ) but that he must adore also the images of the false gods ; which art of tem●erament the cardinall doth compare vnto this mixture , and combination of clauses , lawfull and vnlawfull ; ciuill and ecclesiasticall , in the oath proposed : so as , a man cannot sweare the one , but he must sweare also the other : for which cause , i said in my letter , that the whole oath with all the clauses , as it lyeth ( in which sense , it hath bin also forbidden by his holynes ) cannot in any wise be taken , although touching some one only clause , not only cyuill , but also ecclesiasticall , as for example , of the popes authority , of charity i might thinke ( as then i wrote ) that the priests who tooke the oath , tooke it in some such sense , as being explycated by them , and accepted of the magistrate , might stand with the integrity of fayth . and that the sense of the sayd clause , might be agreed vpon , betwene his maiesty and his subiects , in such sort as it should agree with the opinion , and practise of all other catholicke princes . but the whole oath as it lyeth , is no other , then the picture of the emperour , togeather with the images of false gods. which similitude and comparison , though it expresse most fitly ( as it seemeth ) the matter in hand : yet was it impugned , by seeking out dissimilitudes , & disparities in other pointes , then wherein was made the sayd comparison . as for example , that first iulian was an apostata , but our soueraigne is a christian : iulian changed the religion he once professed , but our king not : iulian became an ethnick , or atheist , our king is not ashamed of his profession : iulian dealt against christians , his maiesty dealeth only to make a distinction betweene true subiects , and false harted traytors &c. and so he goeth forward , alleadging many sundry diuersityes , betwene man and man , thing and things , state & states : which i said is nothing to our purpose . for a similitude requireth not likenes , or parity in all poyntes , for then it should be idem , and not simile , but liknes only in the point , wherin the comparison is made , as here in the compounding , and couching togeather of lawfull , and vnlawfull cl●uses in the oath , as the other did images in his banner : for that other wise , if we will stand vpon seeking out differences between the things that are compared , & other things wherein the comparison is not made , and thereby condemne the similitude , we shall ouerthrow all similitudes whatsoeuer , and particulerly we shall eneruate , & make voide all the parables cōmonly of our sauiour , wherin if we go from the point it self that is compared , we may find ●or the most part more dissimilitudes , then sim●litudes . as for example ; be yee ●ise as serpentes , and simple as doues ; what enemy of christian religion might not cauill , and calumniate this similitude by seeking out diuersities betwene a serpent , and a man , and betwene the malicious craft of the serpent and the true wisdome , that ought to be in a prudent man : and the like in the nature , and simplicity of doues , many dissimilitudes may be sought , but it is sufficient that the similitude do hould in the poynt , wherein the comparison was made , which is that christians sho●ld be both wise and simple , as are serpents , and doues , and imitate both the wisdome of the one , and simplicity of the other , so far forth as is conuenient for a christian life , which s. paul doth afterward expound , how far it must reach , when he sayth : volo vos sapientes esse in bono , & simplices in malo , i would haue you to be wise in good , and simple in ●uill , this then being my declaration of that similitude , out commeth m. barlow ( as it were ) with his dagger drawne in great heate , to incounter the same , casting vpon me , all kind of reproach , and by his ordinary scurrility , calling me salomons loathsome creature , to wit , a spuing dog , resuming the eiection which he had once auoyded , such is the modestie , and ciuilytie of this new prelate . but why , doth he shew himself so enraged ? you must imagine he is in some straits to answer the former discourse , but yet must needs set vpon it , well , or ill . let vs se how he performeth it . all the censurers speach ( sayth this minister ) commeth to this profound conclusion , that a similitude must only hould in that poynt , wherein it is compared , because that if the comparison should hould in all , it were pentity , and not resemblance . which doctrine of myne he seemeth to allow , and replieth not ; but yet to seeme to say somewhat , and not syt out , he passeth to another discourse , that in foure manners comparisons m●y be made , eyther in the nature of the thing , or in the disposition , when some affection is resembled , or when a passion or perturbation is assimilated , or when the action only is compared without circumstances ; which are obscure things without ground at all : and as well may foureteene poyntes of comparisons be found out as foure ; to wit , so many as there may be differences betwene things that be compared ; and therefore we recall m. barlow from these idle euagations to the point it self . and for so much as he now graunteth , that things compared must not be like in all , but only in the point , wherein the comparison is made , how will he ouerturne cardinall bellarmines comparison , betwene the banner of iulian , and the oath of england . his point of comparison was this ; that as iulian did set forth in his banner , and combine togeather the images , as well of the emperour , as of the false gods , seeking to temper and mollify the one by the other ; to wit , by bowing to , and honouring the emperours image ( which then was held for lawfull ) to bow also , or seeme to bow at leastwise to the other , which was not lawfull : so in the oath are combined togeather different clauses , some of temporall obedience , which are lawfull ; some oth●r detractory to the popes authority , which are held by catholicks for vnlawfull . do you see m. barlow , wherein the comparison is made ? then stand to me closely ( i pray you ) and let vs examine this ma●ter without running from the purpose . what say you to the former answer made ; to wit , that iuli●n was an apostata , but our soueraigne is a christian ? iulian changed his religion , but our king not ? he became an ethnicke , but our king is not ashamed of his profession , and other such like differences ? are these the poyntes wherein cardinall bellarmine made his comparison , or noe ? if not , then are you from the purpose . but what say you now in this your last reply after mature deliberation ? you will not , i trust , fall to the same absurdity of seeking dissimilitudes , that are from the point of the comparison it self ? and yet you must needes do it , for so much as you will needs say somewhat , and haue nothing to say against the sayd poynt of comparison . first then , your reply is this ; that the resemblance betwene the banner , and the oath , brought fort● by the cardinall was produced by him for no other purpose , but for the mixture of diuersities , both in the one and the other , vvherin ( say you ) the cardinall hath manifested more malice then iudgement . for euen in that very point , this similitude , as taken with the crampe , hal●s right downe , because in the imperiall pictures , though there were different ●eatures , yet they all concurred to one end and for the same intent , that is for adoration , though to the one more openly , to the other more couertly &c. but in the oath it is taken cleane contrary , which is so far from being a mixture of allegiance , that it separates all acknowledgment o● any temporall right , or right of any temporall acknowledgment from pope , or any other else , but to his maiestie alone within his realmes . thus far are the words of m. barlow , who being well , ( as you haue seene ) towards the end , intangleth himself , and runneth quite from the purpose . he acknowledgeth in the beginning , that the comparison of card. bellarmine is only to shew the mixtures , as of the images in the banner , the one lawfull , the other vnlawfull , so of the clauses in the oath , the one lawfull , the other vnlawfull : but presently he steppeth aside , to put a difference betwixt the mixt adoration of the one , and the mixture of allegiance in the other ; wherin card. bellarmine made not his comparison , no more then betwene the banner it selfe , and the oath ; or betweene the silke cloath wherein the pictures were painted , or the booke or paper wherin the oath was written , or in any other such like differences , as might be pickt out , wherof this also is one , very impertinent to the matter , that the banner did tend to a mixt adoration , but not the oath to a mixt allegiance , of which mixt allegiance card. bellarmine neuer spake word , but only , that as the mixture of these images was deuised to deceaue the christians at that tyme ; so the mixture of different clauses , some conteyning ciuill obedience , some ecclesiasticall disobedience , the one law●ull , the other vnlawfull , was deuised to intangle the consciences of the catholikes . and so we see , that m. barlow is forced to run to the same shift , that before he condēned , which is to seek out diuersities in points wherin no comparisō was made . the second example which is reprehended in cardinall bellarmines letter , is out of the second booke of machabees , of old eleazar that venerable man , who rather chose to die , then to do a thing vnlawfull , and against his owne conscience , or to seeme to doe it by dissimulation . which example the cardinall applieth ( said i ) to the taking of this vnlawful oath by such as are catholikes , but especially by the arch priest , head of the clergy in england , whose case he presumed to be more like to that of eleazar , for his age , estimation , and authority aboue the rest . to which example the apologer answereth thus . that if the archpriests ground of refusing this oath , were as good as eleazars was for refusing to eate of the swines-flesh , that was proposed & vrged vnto him , it might not vnfitly be applyed to his purpose : but the ground fayling ( sayth he ) the buylding cannot stand . but this is an escape much like the former , that runneth quite from the matter : for that the cardinall supposeth a catholike conscience in him to whom he writeth , to which conscience it is as repugnant to sweare any thing , sounding against any poynt of catholike religion or doctrine , as it was to eleazar to eate swines flesh● against the law of moyses . which supposition being made , and that in the cardinals iudgment this oath contayneth diuers clauses preiudiciall to some pointes of the said catholike beliefe and doctrine , concerning the authority of the sea apostolicke , and that the taking therof would not only be hurtfull to the taker , but offensiue also and scandalous to many oth●r of that religion , both at home and abroad , the application of this example of eleazar was most fit , & effectuall . this was answered at that tyme. now m. barlow commeth with new deuises . first he calleth this example aprochryphall , for that it is taken out of the second booke of machabees : but catholicks do hould it for canonicall ; and so do the ancient fathers : and so was it declared by a holy councell , aboue . yeares agoe , wherein s. augustine himself sate as one of the iudges . but whether it were or no ; that maketh nothing to our present purpose , but only whether the example be well applied or no. secondly , that eating of swines-flesh refused by eleazar was forbidden by the law of god , but this swearing ( saith he ) is warranted by scripture . wherto i answere , that swearing in it owne nature , and with due circumstances of truth , iudgment , and iustice is warranted , when true and iust things are sworne ; but euery oath in particuler is not warranted by scripture ; and namely if it containe any thing , that eyther in it self , or in the swearers iudgment , and conscience is not true , or lawfull . and such is this oath to catholiks in both respectes , and therefore not warranted , but condemned by scripture . thirdly he sayth , when i am at a stand , and can go no further , i do wind my self out , by rūning to the common place of conscience , and catholike religion . but what sayth he , if there be a false assumption , and an vntrue applycation by the conscience , is it then erroneous , and not binding ? as put the case , the conscience assumeth that to be sound and catholike , which is false and vnchristian doctrine . to this question i haue answered now sufficiently before , and haue largly proued , that an erroneous conscience also byndeth vntill it be reformed ; and that it is impiety , and ignorance to teach the contrary : nor shall it be needfull to repeat all the reasons and arguments here . this one may stand insteed of all the rest , which is the ground of all , that if a man may without sinne do against the dictamen or direction of his owne conscience , then may he do that which he thinketh to be naught , and consequently do naught , wittingly and willingly without sin , which is against the groundes both of diuinity , philosophy , and nature it self . and yet m. barlow is so wise , as to affirme here , that an erroneous conscience byndeth not . vvhen the r. fath●r , f. robert persons , the author of this treatise was come thus far in the examination of m. barlowes answere , it pleased god to take him out of this mortall life : which as he had imployed to the profit of many , and the edification of the whole christian world ; so he ended with gr●at religion and pi●ty , and passed , as we hope , to et●rnall r●st . he commended on his death-b●d the finishing of this worke , to an especiall friend of his , who for his zeale in gods cause , and his loue to the said father , will , i doubt not , learnedly and exactly p●rforme his requ●st , and shortly cause it to be printed and published , t●ough in a s●parate volume , as for many respects is thought most conuenient . finis . faultes escaped in the printing . page , line , fault , correction . . . reaceaued receaued . . sweares swearers . . soone sowen . . which with . . prohet prophet . . miseriamur misereamur . . scotlnd scotland . . . nothing noting . . an and . . prince price . . is it . . vnlwfulnes vnlawfulnes . . opinion caietan opinion of caietan . . . no to . . yet they yet that they . . truth or truth of . . is in . . abase abuse . . acquinted acquainted . . . popos popes . . . them then . . wales walles . . restrainst restraint . . then fredericke of them fredericke a table of the principall matters handled in this booke . a achabs truely mortification . pag. . adoniah slayne by salomon . pag. . alexander the . pope cleared of calumny . pag. . aluarus pelagius abused by m. barlow . pag. . s. ambrose abused by m. barlow . pag. . his resistance of the emperour valentinian against the arians . pag. . anchor turned into a milstone by m. barlow . pag. . antiquity a good argument in case of religion . pag. . apparitions of martyrs . pag. . aristotle abused by m. barlow . pag. . assembly of ancient fathers , reasoning with his maiesty de regno dei. pag. . s. augustine , and other fathers discourses of temporall and spirituall felicity . pag. . . . item about dying out of the church . pag. . his discourse about gods prouidence . pag. . author of the apology for the oath of allegiance . part . . cap. . § . . b m. barlovv his sharp wit. pag. . his ignorance in grammar , & humanity . prefac . n. . . in logick & philosophy . pag. . & . & . & praef. n. . & n. . in histories . ib. n. . in scriptures . ib. n. . in diuinity . . . . his ridiculous folly . pag. . his virulency against iesuits . pag. . & . his abuse of f. ga●net . p. ● . of f. persons . . & . & . & praefac . à num . . vsque ad . his boldnes with the scriptures . p. . his friendship to aduerbs . pag. . his misunderstanding of medina . p. . his bad conscience and dealing , vbique per totum librum . his notorious vntruthes pag. . pag. . . . . . . . . paulus . the pope accused by him pag. . his mistaking and abusing of gra●●hus & pluta●ke . pag. . his scolding . pag. . & praefac . à nu . . vsque ad . his new philosophy pag. . his abuse of salmeron and sanders● pag. . . and of others . pag. . . . . . . . . of s. thomas , pag. . of vrspergensis , pag. . of nauclerus , pag. . of blondus . pag. . . of cuspiniā . pag. . of matthew paris . p. . of pope innocentius the . pag. . . . of card. ●ellarmine praef. n. . his horning in scotland . pag. . his merriment of the moone in the asses belly . pag. . his flattery of kings . pag. . his hate of ambition , and his mortification● pag. ● . . . his digestion and concoction● ib. his carnall diuinity . pag. . his phrases of indument and stripping . pag . his incōstancy . pag. . & . his canonization of q. elizabeth . p. his courtly deuinity . pag. . his philtra & loue-drugs . pag. . his parasiticall flattery of the king. pag. . . . . & praef n. ● . . his prayers without hope . . his little vniuersity . . his proctership for turkes and infidels . pag. ● . his strange notes of humility . pag. . his impudency . pag. . . . . . . . . . . . . praef. ● . . his absurdities and errors &c. part . . cap. . per totum . his contradictions . pag. . . his fast and loose with the kinges authority pag. . his radiant folly . pag. . his slaunders . pag. . his falsifying of coūcells . p. . his clouted frauds . pag. . his mincing of authors for his purpose . ibid. & . . his falsification in capitall letters . pag. . . his ridiculous profundities . p. . his conscience need to be purged . pag. . his prouerb omnia sub vnam myconum misapplyed . . his scoffing at reliques . . what manner of writer he is . pr●fac . n. . his paradoxes pr●f . n. . his cōscience like a cheuerell point . ib. nu . . his strange construction of orbis terrae . ibid. n. . his extra spheram . praef . n. . vvholy mistaken . ib. n. . his potent word . ib. n. . his bad brewing . ib. n. . his melancholy conceipt . ib. n. . his suddaine pange of deuotiō . ibid. nu . . his rayling against saints , ib. n. . his obsessiō , circumsession , & possession of diuells . ib. n. . a bridewell-doctour . ibid. his sermon in s. edwards church in lincolne , and abuse of syr io. cutts . ib. n. . his cōdemning his maiesties mother . ib. n. . his leuity in writing . ib. ● . . his hypocoristicall alleuiation . ibid. n. . his new found phrases . ib. n. . his paring away . ib. n. . his feminine sexe predominate . ib. n. . bellarnine , see cardinall . binnius abused & misconstred by m. barlow . pag. . bishops how they are said to succeed apostles . pag. . m. blackwell the archpriest . p. . c cardinall , what dignity & title it is . pag. . cardinall bellarmine abused by m. barlow . pag. . his letter to the archpriest discussed . pag. . & deinc●ps . his opinion of the oath of allegiance p. . . & deinceps . cleered from false imputation , pag. . . defended from contradictiōs . pag. . . . . . charles the great emperour his zeale in reformation of manners in the clergy . pag. . ch●lsey erection for wryters . pag. . clement . his breues sent into england . pag. . clergymen freed from secular burthēs whence it first proceeded . pag. . l. cooke chiefe iustice of the cōmon pleas , his booke of arraignments . pag. . his definition of misery by copia & ●nopia . ibid. his poore deuinity . pag. . conscience erroneous , how and when it bindeth . p. . & . contentions betweene popes and emperours . pag. . & deinceps . controuersie betweene s. gregory and mauritius the emperour . pag. . councell of a●les how it submitted it selfe to the emperour . pag. . councells generall alwayes assembled by the b. of rome . p. . councell of millaine corrupted by m. barlow pag. ● . councell . of toledo in spaine , & of the oath prescribed to subiects therin . pag. . & d●inceps . difference betweene that & the oath of allegiance . pag. . & . falsified by m. barlow . pag. . whether it agreed with the protestant church of england . . s. cyprians iudgment of such as dy out of the catholik church . pag. . d descending of christ into hell . pag. . difference essentiall betweene protestants & puritans . praef . n. . differen●e between the writing of f. persons , & m. barlow . praef . n. . diuells concurrence with m. barlow . pag. . diuinity of m. barlow , carnall . p. . fit for the court. pag. . diuision of the worke . pag. . doct●ine of the church not preiudicated by euill life . p. . e earle of e●sex his confession reuealed by m. barlow . p. . preached against by him . . edward , vide cooke . eleazar his glorious death for not eating of swines flesh . pag. . q. elizabeth her life discussed . pa●t . . cap. . & . per totum . her manes . pag. . & . canonized for a saint by m. barlow . p●g . . & praef . n. . her mortifications . pag. . § . . per totum . no cloistred nunne . ● . . her felicities , & infelicities . part . . cap. . per totum . her birth . pag. . her sicknes and death . pag. . § . . her purgation about the q. of scotlands death . pag. . her disastrous end . pag. . . held for an heretike . pag. . how she was a ioy & iewell to the christian world . pag. . her illegitimation . p. . declared by her owne father in parlament . pag. . nec virgo , nec martyr . praef . n. . equiuocation not lawfull in matters of religion . pag. . confounded with lying by m. barlow . pag. . . excommunication of princes practised in the primitiue church . pag. . f faith diuine & humane distinguished . pag. . feli●ities and infelicites of q. elizabeth part . . c. . per totum . felicity temporall , no argument of spirituall . p. . . . anciēt fathers discourses therupon . p. . . . festiuities & masses of saints . p. . b. fisher abused by m. barlow . p. . flattery of his maiesty by mininisters . part● . cap. . per totum . of the nature of flattery . p. . fox his rabble of martyrs . p. . f●edericke the first emperour his submission to the pope . p . fredericke the second his contention with popes , pag. . & deinceps . his voyage to the holy land , . & ● . his counterfait sicknes , ibid. his vices and bad life . pag. . his barbarous cruelty . . his blasphemy . . gods punishment laid vpō him . g f. garnets face in the straw . p. . gemen the turke poysoned . pag. . gracchus abused by m. barlow . pag. . s. gregory rayled at by m. barlow . praef . n. . h head of the protestant church monstrous . p. . henry vide wotton . henry the . emperour taken vp again out of his graue after buriall pag. . his deposition . . henry the . emperour his insurrection against his father . pag. . henry the . of france his murder . pag. . henry the . of england iniured by m. barlow . pag. . henry the . of england his absolution . pag. . henry the . emperour his coronation . pag. . s. hieromes discourse of felicity and infelicity . pag. . hope cannot stand without certainty of faith . praef . n. . huldericus mutius a lutheran . pag. . hypocrisy what it is , and what is the marke of an hypocrit . p. . i iames vide king. idolatry & suspition not cause of feare alwayes . pag. . m. iewell contrary to himselfe . pr●f . n. . immunity of the clergy , whence it first proceeded . pag. . inconstancy vide ●arlow . infelicity vide felicity . infidels denyed christian buriall . . also heretikes , and excōmunicated persons . ibid. innocentius the . pope abused by m. barlow . pag. . . . his death & lamentation therof . . . io●n vide fox . syr io●n cu●● abused by m. barlow in the pulpit . praf . n. . ios●phs●●lling ●●lling into egypt . p. k king iames said to be the author of the apology for the oath of allegiance . part . . cap. § . . why his maiesty was not named in the booke . pag. . that he neuer ●ead the booke ●ttenti●ely . ibid. iniured by m. barlow pag. . flattered by ministers egregiously . part . cap. . per totum . his mild disposition diuerted . pag. . kings their vices recounted in scripture . pag. . king henry the . of england his absolution . pag. ● . king henry the . of france his embassador at rome , and the ceremony of publike absolution . pag. . l s. leo rayled at by m. barlow . ●raf . n. . . liberty of conscience demaunded by all forraine protestants . p. ● liberty of conscience , vide toleration . m machiavels principles agree with protestāt doctrine . pag. . maister , what it signifieth , & how it is a title of honour . pag. . marriage of priests , and m. barlows forgery therabout . p. . decree of the councell of toledo against the same . pag. . . . martyrs in q. elizabeths dayes . pag. . medina misunderstood by m. barlow p. . explicated . . . m●ri● of workes . pag. . misery defined by the l. cooke . pag. . moone in the asses belly . p. . monkes punished liuing disorderly . pag. . m. morton canuased . pag . . his abuse of salmeron . . mortification of m. barlow . pag. . of q. elizabeth . pag. . externall mortification , and internall . pag. . . . mortification for princes . pag. . mortification in time of lent. pa. g . . n nabvchodonosors punishment . pag. . more happy then q. elizabeth . ibid. ne●o & domiti●n heades of the church in m. barlowes opinion . pag. . o oath of allegiance discussed . part● . cap. . & . per totum . whether the taking of it be a blessing from god. p. . & part . . c. . per totum . what freedome the taking thereof bringeth to catholikes . p. . coufuted both at home and abroad . p. . more contayned therin then ciuill obedience . p. . . & . humble petition to his maiesty for the expositiō therof . p. . scandall in exhibiting therof . p. . . &c. no such oath euer enacted before by former princes . p. . card. bella●mins opinion therof . pag. . . &c. deuided into . parts p. . difference betweene the said oath , and an indenture . pag. . oath of supremacy . p. . defēded by m. barlow . . & . obedience against god & mans conscience none . pag. . obedience of our temporall prince how far & when it bindeth . p. . defined by s. thomas . . ordination of protestant bishops first vnder q. elizabeth . praf . n. . p pavlvs quintus pope defēded . . . . . his breues discussed . part . . per totū . whether he forbad temporall odedience to his maiesty therin . p. . & deinceps , ● . persons calumniated by m. barlow . pag. . belyed . p. . petrus de v●●●is extolled by m. barlow . p. . iustified . pag. . censured ● philip the emperour his murder . pag. . plutarke abused by m. barlow . pag. . popes power ouer infidel princes , p. . how they are particuler bishops of rome , & pastours of the whole church . pag. . whether they can make new articles of faith or no ? pag. . . & deinceps . whether they command princes to be murdered . pag. . . &c. powder-treason . pag. . . . &c. f. persons accused therwith by m. barlow . p. . powder-plot of antwerp . pag. . of hage . p. . of edenborrow . ibid. prescription of the church of rome . part . . cap. . per totum . good argument in case of relion . pag. . & . vide antiquity● the same vrged by the fathers . ib. belyed shamefully . pag. . protestants gone out of the catholike church . pag. . their ecclesiasticall power ouer puritans . pag. . their basenes & beggary . pag. . their conflicts with puritans about matters of religion . pag. . their church basest of all others . praef . n. . prouidence of god discoursed of by s. augustine . pag. . q qveene mary of scotlād put to de●th for religion . pag. . preached against by m. barlow . pag. . queene vide elizabeth . r resolvtion of catholiks in maters of faith . p. . of protestants none at all . ibid. & . what resolution is taken from the pope . pag. . m. reynolds writing against whitaker , pag. . rome , recourse to rome about the oath of allegiance . p. . . . &c. the same practised in all difficulties by our english princes & people . pag. . & . church of rome impugned . p. . s salmeron abused by m. morton & m. barlow . p. . salomons fact of killing adoniah condemned . pag. . d. sanders abused by m. barlow . pag. . scandall in exhibiting the oath of allegiance . p. . . &c. of actiue and passiue scandall . pag. . . . scandall of balaa● . pag. . sigebert calumniated . pag. ● . k. sis●nandus his submission to the councell of toledo . p. ● . statute of association . pag. . s●●pition vide idol●try . foure kinds of suspition . pag. . supremacy mascu●●ne & feminine pag. . how it was giuen to k. henry the . pag. ● . to k. edward , and q. elizabeth . ●bid . to k. iames. pag. ● . & m. barlowes iudgment therupon . ibid. & pag. sycophancy vide flattery , m. barlowes diuision of sycophancy . pag. . sixtu● vide pope . t s. thomas his opinion cōcerning obedience . pag. ●●● . about totally . praef . n. . abused by m. barlow . pag. ● . threatnings of god vnto kings . pag. . t●byes breach of the king of niniue his coma●ndment about burying of the dead iewes . p. . § . . the ancient fathers iudgment therof . pag. . the credit of the history of toby . pag. . toleration of religion humbly demanded of his maiesty . part . . cap. . per totum . thomas vide morton . treason vide powder-treason . v vessels consecrated to church vses anciēt . p. . vi●es of wicked kings recounted after their deaths in scripture . pag. . vniuersity of m. barlow , little . p. . w m. vvhitaker a terrour to card. bellarmine in m. barlowes iudgment . pag. . his booke refuted by m. reynolds pag. . his ignorance . ibid. vvilliam vide barlow . vvorkes-good works may giue cause of confidence in god. p. . syr henry vvotton a wodden embassadour . praef . n. . his pranks at ausburge & venice . ibid. x xystvs . belyed about the murder of king henry the . of france . pag. . z zisca the blind rebell of bohemia . pag. . finis . notes, typically marginal, from the original text notes for div a -e three things declared in this preface for the readers satisfaction . why m. barlowes book was answered by f. persons . the cause of the stay of this edition . what manner of writer m. ba●low is . isa. ● . tertull. d● praes●rip . cap. . aug. tract . . in ioānem . bernard . serm . . in cantica . m. barlow in his epistl● dedicatory to his mai●sty . m. barlowes māner of writing . m. barlowes ignorance in grāme● & humanity . barlow . pag. ● . pag. ● gregor . lib. . ep. ep . . barl. pag. . a very gros●e grammaticall errour . fragmentum histori●um in anno . ●omo . hist. germ. casarum . bellarm. l. . de cler. cap. . barlow pag. . a strange construction of orbis terrae . bellar. l●● citato . m. barlowes ignorance in philosophy . leo ep . . d. th● . lec . . in periber . lit . f. m. barlows ignorance in histories . barlow pag. . barlow pag. . & deinceps . barlow pag. . pag. . pag. . m. barlowes ignorance in interpreting the scriptures . barl. pag. . cant. . barlow pag. . iosue . pag. . iosue . . pag. . gen. . matth. . barlow pag. . m. barlowes ignorance in matters of diuinity . barlow pag. . d. thom. . . q. . ar . . ad . . 〈◊〉 . pag. ● . pag. 〈◊〉 . pag. . d. tho. . . q. ●● . . in 〈◊〉 . pag. . m. barlowes paradoxes . barlow pag. . the protestantes cōscience like a cheuerall point . a prophane and barbarous assertion of m. barlow . barlow pag . athan. ep . ad solitar●ā vit●m agēt●s . hilarius lib. . in constāt . augustū paulo post ●nitium . barlow pag ● . barlow pa●● . see supra . pag. . d. andr. respons . ad apol. cap. ● . pag. . §. porr● negat . part . . cap. . printed anno ● . an. . d. couell in his iust and temperate defence ar . . pag. . li● . . in iob. cap. . puritans acknowledge an essentiall difference betweene them and the protestants in matters of religion . an. ● . arg . . circa medium . si nons vpo● the ar●c . pag. . s●e ba●on . tom . in anno . s●●●nnius tom . . pag. . and s. bern. ep . . . & dem ●ps . p●py●ius ma●souius l . annal. in ph●●ppo august . pag. . bern. ep . . ●●●nar . lu●●en et 〈…〉 a●bizen es . 〈…〉 see christianus massaeus l. . chron. ad an . . caesa●ius heiesterb . l. . illust . mirac . cap. . see the protestants apology . pag. . iewel defence pag. m. iewell contrary to himself . guido carmelita in sūma cap. . de vvaldensium harefibus . barlow pag. . m. barlowes disputation about the first contradiction obiected to card. bellarm. discussed at large . pag. . the state of the con●trouersy with m. barlow . barl. . bellar. l. . de iustif. cap. . barl. pag. . a f●●d diuision . ibidem m. barlow vnderstādeth not the distinction which he maketh . a strange inference . ibid. matth. . & . lib. . de iustif . ap . . three degrees of certaynty in bellarmyne . great mistaking . ibidem . hope cānot stand with the absolute certainty of faith . bell. l. . de iustif. cap. ●● . tertia sententia . . cor. ● morall certainty sufficient to yield comfort . ibid. m. barlow altereth bellarmines wordes the better to impugne them . ba●low pag. . pag . m. barlow extraspheram actiuitatis suae . ibidem . m. barlow vnderstādeth not the authors he alleadgeth . d. thom. . part . q. . artic . . in corpora articuli . totality threefold in the opinion of s. thomas . m. barlow vvholy mistaken . pag. ● . m. barlowes potent word● m. barlow makes onely in the word only . barl. pa. . ps. . s. augustine misunderstood . aug. in prafat . ad psal. . bellarm. l. ● de gratia & lib a●b . c●● . & . c●n in psa● . . 〈◊〉 . barlow pag. . m. barlows embroilmēts in logick . m. barlow bringeth an example of a contradiction which in his owne opinion is no contradiction at all . meer babling . m. barlowes bad dealing . pag. . a cluster of m. barlowes lies . barlow pag. . . m. barlo● a bad brewer . pag. . how we● may be acertayned of m barlowes● fidelity . isa. . bell. l. . d● iustif. cap. . §. status igitur & . . §. respōdeo , haec omnia . m. ●arlow very gr●sly abuseth the cardinall . de verb. dei lib. . cap. . §. quare cùm . m. barlows melancholy conceipt . m. barlows suddain pang of deuotion . ibid. nazianzen carmine aduersus ●●●lieres ambitiosiùs se ornantes . why after the proofes of m. barlowes ignorance fo●low the examples of his lying . t●n . syr henry wotton . vide serarium in logis apologet . par . . cap. . §. . in fine . barlow pag. ● . * in steed of essētiall & specificall . the definition of an english bishop taken from the idaea of m. barlow . pag. . a malitious fictiō against f. persons pag. . barlow pag. . aug. l. . confess . cap. . pag. . an vntruth ioyned with forgery . see this ly refuted ●n the t●eatise of m●tigation l pag. . quiet and sober reckoning : pag . barlow pag. . & . dol. p. . pag. ● & . p. c● . pag. ● barlo● pag. ● . l●●ter pag. . see before pag. . §. . a most fa●se and malicious collectiō . pag. . & . pag. . ibidem . m. ●arlows glo● hath no coherence with th● text . a notorious ly ioyned wi●h grosse forgery . barl. pag. . le●t●r pag. . no groūd for this lying forgery of m. barlow in f. persōs booke . a heap of iniurious vntruthes against f. persons . barlow epistle to h●s maies●y . m. barlows couragious aduēture . loco citato . amb. in psal . . pag. . m. barlow very copious in charging his aduersary , but very barren in his proofes . m ●arlows impatience for the praises giuen his maiesty by f perso●s . barl. pag. ● . matth. . m. watson repented at his death that euer he had written against the fathers of the society . see the copy of his arraignmēt at vvinchester , & protestation at his death . quiet and sober reckoning pag. . . example of m barlow sycophancy . barlow● pag. . letter pag. . strange inferences barlow pag. . letter pag. . barlow pag. . m. barlowes graue proofe to shew that f. persons scorned or reproued his maiesty . pag. . m barlows loyalty . m. barlows rayling in his epistle dedicatory to his maiesty . a prouerb misapplied . vetus comoedia barlow pag. . pag. . . the grace of m. barlows spirit . f. persōs● birth better proued to be free from all stayne of bastardy then m. barlow can proue his . barl. . where m barlow may find actaeon . iacob . . the disgraces done by hereticks to f. persons were his great glory , and so likwise are m. barlowes scoldings . philip. . hierom. pro●m . in dialogos aduersus felagianos . ep. . templum deuotionis . pag. . . what feare of god or shame of the world is there here ? pag. . . . rus●icus es coridō . barlow pag. . barl. pag. . epist. dedicat . initio . railing against the pope , and cardinall bellarmine . pag. . pag . . pag . pag. . apoc. ● barl. pag. . pag. . . . . railing against the whole society of iesuits . ba●l . pag. ● . pag. . pag. . iacob . . apoc. . m. barlow raileth against three saints . s. gregory , s leo , and s. martyn . barl. pag. . pag. . m. barlows scurrility against s. leo the great . aelian l. ● . var hist. tit . . . cor. . cassiod . var. lib. . cap. . matth . apoc. . apoc. . barl. pag. . m. barlow much troubled about the obsession , circumsession , and possession of diuels . d. tyndall● m. barlow a bedlam or bridwell doctor . m. barlowes de●out sermō of the circumcision in s. edwards church . laert. in diogen . hieron . in heluidiū chrys. hō . . in act. see apolinaris sidonius lib. . epist. ep . . in fine . q. elizabeth canonized for a saint by m. barlow . pa● . . . flattering foolery . two questiōs proposed to m. barlow . q. elizabeth nec virgo nec martyr . touching his maiestyes mother . cicero pro d●●otaro . baron . ap●end●●e a● . tom . in fin● . elias reusne●us part● . ope●is genealogi●i in stirpe scotica in fine . m. barlows flattering of his maiesty . com●ort in tribulation lib . cap. . bart. pag. . . num. . m. barlow buildeth the whole frame of his flattery vpon a false ground . m barlows leuity in writing . barl. pag. . m. barlowes fine phrases taken from the greek , latin , and french , pag. . pag. . very pretty . pag. . pag. . pag. . m. barlows new foūd english phrases . m. barlowes threefold forgery . in his epistle to his mai●sty . m. barlow amoūteth higher then he should doe , by forging a new text . barl pag. . malicious forgery . admonion to the reader . m. barlows rage ouerrunneth his wit. le●ter pag. barl. pag. . m. barlows paring away . barl. pag ● pag. . harding f●l . . detection . &c. intollerable impudency . . cont iuli●n . cap. . . cor. . a poore clergy . august . contra maximin . cap. . the different māner of writing betweene f. persons and m. barlow . hieron . in iouin lib. ● initio . m. barlowes impudency in his epistle to his maiesty . what account is to be made of the ce●sures whi●h prote●t●̄ts make vpon the bookes of catholick ●riters see m. vvilliam re●nolds● pag. . of his refutatiō of vvhitaker . m. barlow will haue the feminine sex to be predominant . pag. . pag. . bellarmin more a cardinal then iewell a bishop . the first ordinatiō of protestant bishops vnder q. elizabeth . christo●ho●us a sac●o b●sco lib. d● ini●sti ●āda chri●ti . e●●●●sia cap. ● . syr t●● . more . * the like also affirmeth sacrobosco in the place cited . scherer . pos●illa de ●āctis . conc . . de s. stephano . a strange ordinatiō of a preacher . harding confutatiō of the apology fol. . & detection fol. . & deinceps . horace . notes for div a -e the diuision of the whole worke . letter p. . about the authour of the apology . thomas morton . thomas montague see letter pag. . what his m●●es●i●s gr●at iudg●ment w●●ld ha●e 〈…〉 . see letter pag. . what his maiesty in honour would haue misliked . why the king was not ●amed in the booke barlowe pag. . m. barlowes sharp wit. about cardinall bellarmines tytle . barlow p. . & . iohn . & . the dignity ●f a cardinall in what sense the word maister is a title of honour . matt. . isay . & . iosue . . ioan. . barl. p. . m. barl●w h●●dly pre●ed i●iury done 〈…〉 . about the powder-treason . barlow● pag. . m. barlow speaks like a foole . the odious & oft repetition of the powder treason . the powder treasō not so much a cause as an effect of catholiks tribulatiō . in the t●●at●●e of m●tigat●ō in the prefa●e . m. barlow ignorant in logicke & philosophy . arist. praedicam . c. . m. barlow ridiculous . another folly of m. barlow . 〈◊〉 . p●● . ● . 〈◊〉 . . the powder plott of hage . the powder-plott of edenborough . m. barlowes shift barl. p. ● . m. barlowes virulency against iesuits . touching father garnet . barl. p. . m. barlow a b●d cof●●●●ur to the ●a●le o● 〈◊〉 . touching father garnet & his face in the straw . psal. . . f. persons falsely & maliciously accused by m. b●rlow to be priu● to the powder-plot . barl. p. . barl. p. . of catholicks ●a●tyr●d v●der queene e●izabeth . touching the oath of allegiance . letter p. ● barlowe pag. . genes . . deut. . pag. . barl. p. ● . aristot. l. . priorum cap. . all controuersies are not to be ended by swearing . heb. . barlow p. . & . m. barlow voyd of conscience and logicke . about the quodlibets . barl. pag. ● . no equiuocation in matt●rs of religiō . barl. p. ● . barl. p. ● iniury offered by m. barlow to the author of the epistle . barl. p. . matth. . . barl. p. . how an erroneous cōscience bindeth , or no● bindeth vs to follow it . 〈…〉 rom. cap. . 〈…〉 〈…〉 〈…〉 letter . pag. . pag . . pet. . . m. barlow bold with the scriptures apol. p. . page . what a good con 〈◊〉 m. barlow h●th 〈◊〉 a bishop . whether the taking of this oath by catholicks , be a blessing frō god. . statut. . iacobi reg. c. . . ethic. c. d. tho. . . q. . art . . & va●ētia vasquez &c. in eum locum . how freely the oath is taken . ba●l . p. . the diuel in●ure● by m. barlow . m. barlow a great friend to aduerbs . barl● p. . about freedome in taking the oath . the free acceptāce of penall lawes . . tim. . ● barlow pag. ● m. barlo●s ●illy discourse medina in p●●mam . quas● . . a●t . . m. barlow hardly vrged . medina misunderstood . the true meaning of me●ina . medina in . . q . a. . p. . m barlows sheepish apprehension . m. barlows bad inference . ●arl● p. . ioa●●● . bar● . p. . a notorious vntruth of m. barlow letter p. ● . the oath consulted both at home , & abroad . see the breue to . kai . octob. . see answer . c. . recourse to rome euer vsuall from our first christianity . q. mary of scotland . catholicks doe ho●ld & practice what all their ancestours haue don . about re●ourse to rome by our english princes , and people . idletrifling . barl. p. . touching the person of this present pope paulus quintus . barl. p. . see the answer to s. edward cooke , now chief● iustice. ibidem . the purity of life in paulus quintus . ibidem . childish babling of m. barlow . ioan. . . barlow pag. . m. blues &c. m. barlowes wāt of wit in accusing the pope . anno domini . plutar. in vit●s tib. & caij graccherum . a shamefull mistaking in m. barlow . very wisely spoken . m. barlowes scolding . sober r●c . cap. . §. . earl. pag. . & . english catholiks not ●●ssis aliena to the sea apostolik m. barlowes imbroylements . barlow pag. . m. ●arlowes new philosophy . letter pag. . num . . m. barlow a poore philosopher and worse deuine . barlow pag. . bellar. l. . de ●ont rom. cap. ● . victor ●ele●t . . de potest . eccl . conclu . . more cōteyn●● in the o●●h then ●●●●ll obediēce . letter pag. . num . xxv● . a loyall offer of ciuill obedience made by catholiks to ●is mai●sty . barlow pag. . impertinency . barlow pag. . the reasō of the popes power in tēporalibu●● thoma● morton canuased . barl. p. . nū . . & . bern. ad eugen. salmer . in epist pauli disp . ● . bellar. l. . de pontif. rom. c. . & . de claue l. . cap. . ● . de consider . longius ab in●●io . salmeron abused by m. mort. m. barl. &c. salm. in epist . paul. disp . . malicious falshood in m. barlow . mitigatiō pag. . how the pope may be sayd to haue power ouer infidell princes . d. sanders abused by m. barlow . de clau● cap. . contradictiō in m. barlow . victoria relect . . sect . . barl. p. . victor . ●●lect . . sect . . m. barlow a preacher , though not ordinis pr●dicatorum . m. barlow vnderstandeth not his authors . barlow pag. . num . ● . cardinall bellarmin abused . bell. l. . de rom. pon. c. . . . barl. pag. . nu . . de concil . lib. . cap. bar●l . lib. . cap. ● . sigebert in anno . . cl●●d . espēcaus in tim. digress . li● . cap. . ambros. apolog. dauid . c. & . m barlowes impertinent falshood● bellar. li. . cap. . & lib. . cap. . & . sigebert calumniated . sober rec●oning c. . num . . m. barl. and m. morton ●oth falsifiers . ambros. in . apolog . dauid cap. . a place of s. ambrose explicated . ambros. in psalm . . statim ab initio . of eight authors seauē misalledged . nu. . ● . . the sense and meaning of catholiks that took the oath . an hūble petition to his maiesty for expositiō of the oath . m. ●arl●ws fond charge of h●poc●i●● in his aduersary . to iudge of other mens consciences no inseparable mark of an hypocrite . isidor . l. . ● . humilis à medio aug. l. . de s●rm . in mo●●e c. . ●i●ca prin●i●i●m . m. barlow a very feeble philosopher and weake scholler . letter pag. . impudent dealing of m. barlow . barlow pag. . . reg. to distingui●h i● not prof●nda sathanae , but to reiect distinctions is the profu●●ity of m. barlows ignorance matt. . m. barlow for his two hornes deserueth to be horned in scotland . barl. p. . notable falsity in m. barl. m. barlowes bad applicatiō . aristot. ad alex. cap. . m. barlowes egr●gious folly and fal●●ood . cap. . . . . . aristotle abused by m. barl. barl. p. . the learning and sincerity of school-men . excōmunicatiō of princes practised in the primitiue church . pag. . m. barlowes meriment of the moon in the asse● belly . m. barlows flattery of kinges . barl. p. . reg. . wisely syr william . salomons fact of killing adoniah condemned . lucae . iob . psal. . the secōd psalme ill chosen of m. barlow for flattery of princes . examples of gods terrible threats vnto kings . dani●l . . . r●g . . iob . gods prouidence in gouerning his church perfect & no wayes defectuous . alu. pelag . lib. . de planctu eccl. cap. . aluarus pelagius abused by m. barl. gratian decret . part . . distinct . . greg. c. . ad interrogata augustini . beda lib. . de hist. angl. cap. . bertrand . in additione ad glos . de maioritate & obedientia c. ● . barl. p. . m. barlows falfe dealing in alledging his aduersaries wordes . ●et . p. . prou. ● . vers . . vincen. aduers. hares . august . de vera rel . cap. . idolatry and superstition not alwaies causes of f●ar . foure kind●s of superstition . . tim. . m. barl. prouoked to stand to his own authors . the maior . the mi●or . an important controuersy to be hādled . if m. barlow list to accept this offer , al●beit the author be dead , he shall find those that will ioyne with him . barl. p. . there is no vltima resolutio with the protestāts in matters of faith . the catholicks answere concerning his v●tima ●esolutio . no resolution amongst heret●cks . what resolution is taken frō the pope . pag. . m. barlows hate of ambition , scilicet , and his mortification . m. barlows stomake for digestion and concoction . barl. p. . letter pag. ●● . bar. p. . m. barlows idle discourse . . pet. . . cor. . lett. p. . m. barlowes ill fortune in dealing with schol men . barl. p. . of ●ctiue & passiue sca●dall . ● . . q. . ar . . ad . scandal actiue without passiue . ibid. art . . in co●por● . carnal diuinity . bad dealing in m. barlow . the definition of scandal , & what is actiue and pa●siue scandall . scādalum pharisaeorum . scādalum pusillo●ū . s. thomas expounded . s. thom. abused . the errours of m. barlow about the matter of scādall . m. barlows want of patiēce . m. barlow vnderstādeth not the tear●es o● schoole diuinity . epist. . who lay the scandall of balaam , catholicks or protestants ? letter pag. . m. barlow speaketh mor● then he can proue . the success●ō of the church of rome . barl. pag. . & . m. barlows arguments against the church of rome . the pope both particuler bishop of rome , and yet chiefe pastour of the whole church . m. barlowes bad argument which is false both in antecedent and consequent . euill life doth not preiudice truth of doctrine . barl. p. . m. barlowes ministeriall phrases of indument and stripping . by baptisme we are made members of the church . protestāts gone out of the catholike church , not catholikes out of thē . barl. p. ● matt● . ● antiquity & prescriptiō good argumēts in case of religion . matth. . tertul. aduers . marc. lib. . the fathers do vrge prescription . hilar. lib. . de trinitate , ante medium . hier. epis●● ad pa●nachium . pag. ● . concil . ca●thag . apu● cyprianū . bad dealing of m. barlow . how posse●siō with prescriptiō are euincing arguments in m●tters of fayth . sober rec. cap. . §. . &c. m. barlow hardly vrged . matth. vlt. matth. . no such oath euer exa●ted by o●her princes . barl. pag. . notes for div a -e about q. elizabeths raigne , life , & death , lett. p. . queene elizabeth her manes m. barlowes flattering loquence . barl. . m. barl. turnes with the wynd like a weather-cocke . quene elizabeth otherwise blazoned by forrain writers then m. barlow reporteth . barlow . p. . & . q. elizabeth canonized for a saint by m. barlow . q. elizabeth in m. barl. his iudgment neuer cōmitt●d an● mortal sinne . q. elizabeth would neuer haue chosen m. barlow for her ghostly father . about q. elizabeths manes & sacrificing vnto thē . barl. p. . hierom. e●ist . ad rom. orat●●em . august . de d●●tr . chris●ian . m. barl. his trifling . act. . v. . . pet. . . act. . . rom. . . in what cases a mā may iudg of another . tim. . . barl. p. . matth. . about externall mortifications . . reg. ● . . achab truly mortified . prophane impietie in m. barlow . q. elizabeth no cloystered nun●e . a place of s. paul expounded cōcerning bodily exercise . ch●ysost . in comment . ad c. . in . tim. . reg. . m. barlow no friend to mortifications . a strange kind of mortifica●●on . mortification . rom. . ● . aug. l. . confe●s . c. . bern serm . . in cant. ser. de verb●● apost . strange kind of answering . gregor . . moral . c. ● . two parts of mortification , internall & externall . externall mortification in princes . m. barlow a deuine for the court. apol. pag. . m. barl. foolish shift in answering his aduersaries obiection about the persecutiō vnder q. elizabeth . lett. pa● . . let. p. . l. cooke in the book of the late arraignmēt f●l . . psal. . barl. p. . m. barlow very forgetfull . temporall felicity no argument of spirituall happines psal. . hier. . abacu● . psalm . . b●llarm . de notis eccl. cap. . a place of b●llarm● answered concerning temporall felicity . s. august . discourse . s. hierome . arnobius . s. basil. s. chrysostome . theodoret . euthymius . psal. . . psa. ● . . sapien. . prouerb . . . m. barl● moues habens . l. c●●●● in t●e last bo●ke ●f arr●ignmēts pag. . a bad definition of misery by co●●a & ino●ia . psal. . . cor. . syr edw. cooke a poore deuine . none soe bold as blind bayard . lett. pag. . m. barlowes weake philosophy . barlow p. . . ●eg . . eccles. . & . m. barlow hardly vrged . m. barlowes wāt of diuinity . strange cases of conscience proposed by m. barlow . nabuchodonosor more happy then q. elizabet● q. elizabeth her infelicities . m. barlow eue● by his owne censure and sentence contemptible . m. barlow followeth not his owne rules ●arlow pag. . the vices of wicked kings recounted after their death in scripture . letter pag. . a monstrous head of the english protestant church . barlow pag. . nero and domitian heads of the church in m. barlowes opinion . touching the birth of queene elizabeth . m. barl. babylon , phil●ra , & loue-druggs . m. barl. neuer like to be prisoner for religion . s. augus●●●●●o prot●stāt . calumnious citations . for what cause a mā may be a martyr . matth. . the prie●●s that d●e ●●n q. 〈◊〉 time true marty●s . m. barlows two foolish cases . ●arl . p. . quodlib . pag. . . m. barlows trifling . m. barl silence and the cause therof . a charitable bishop . barl. p. . barl. preface to his s●●mon the fi●st sonday in lent , ● . about the making a way his maiesties mother . tacitus l● . histor. m. barlow turns his sailes with the wind & serues the tyme. barl. p. . q. elizabeths purgation about the q of scotlands death . hier. . . about the disastrous death of q. elizabeth . ●● ● . the narration of the manner of q. elizabeths death . in what case we may iudg of other mēs soules after their death . . tim. . no sin to iudge of men deceased in her●sie . cyprian l. 〈…〉 . s. c●priā● iudgment of su●h as dye out o● the church . 〈◊〉 l 〈…〉 . au●ust . 〈◊〉 ● . ad donat● a notable sentence of s. augustine . a ●ard c●sure against all the ●abble of i●●n fox his martyrs . a co●uincing argument vpō th● premi●●s . the hard ●ase of q. ●lizabeth a remarkable cōparison . q. elizabeth held condemned heresies . haeresi . aug. l. . cōf●●● . c. . s. monica desired to be prayed for at the altar after her death which q. elizabeth did not . lett. p. . see answere to syr edw. cook c. . his maiesties mild dispositiō diuerted . the exercise of the minister t. montague . barl. pag. . maliciou● contradiction . barl. pag. . m. barlow a true parasite . barl. pag● . about the nature of flattery & how sy● william demeaneth himselfe therin . augu. in 〈◊〉 . . m. barlow an egregious flatterer . m. barlows praiers without hope . luc. . . flattering of his maiesty . barl p. . syr vvilli●m deserues his fee. about the little vniuersity . these were an other māner of vniuersity . act. ●● s. athan●sius . epist. ad solitari●m vitam agētes . s. gregor . nazian . s. ambrose . nazian . orat . ad ●iues timore perculsos . ambros. epist. . ad sororem . s. chrysostome . s. hierome . s. aug●stine . s. gregory . m. barlows diuision of sycophācy . m●r●cles ●●●d●d and c●ntemned . m. barl. a good proctor for the turkes & infidels . the myracles of s. denys . the myracle of s. clement . m barl. turnes an anchor into a milstone . of s. gregory thaumaturgus . m. barlows fooleries . sixtus quartus b●lyed . barl. pag. ● ● base babling . chelsey erection for writers . bar● . pag. . m. barlow addeth to the text . a most resonable and modest request of the cath. simple & impertinent reasoning of m. barlow . let. p. . in vita 〈◊〉 ●un●i . anno ● . liberty of conscience demanded by al protestants . ● psal. . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . height of pride , and in whome it may be said to be . barl. pag. . strange notes of h●mility set downe b● m. barl●w . m. barlow betrayeth his owne cause . barl. ibidē . the protestant hath ecclesiastical power ouer puritans . . ioan. . in what case catholicks may yeld and grant toleration to protestants . matth. . m. barlow at a non-plus . vnkind dealing indeed . barl. pag. . m. barlow● moderate & dir●ct prot●●t●nt . m. barlow belyeth f. persons . psal. ● . barl. pag. . strāge impudency . basenesse and beggery of protestāts theol. tigurin . in prafat . apol . prafix . orthodox . c●n. anno . lib. . de rat ineund● concordiae p. . & . protestāts and puritans differ in substātial points of religiō . rogers pr●f●●e pag. . arrige aures syr william . m. barlow a bad aduocate m. barlow in the brakes . amb. ep . . ba●l . pag. ● . a hard argument for m. barlow to solue . silly stuffe m. barlows li●le care of his maiestie● eternall life . good & euill princes to be obeyed for consciēce , but not against coscience . barlow pag. . m. barlow hath the cōscience of an asse & a wolfe . a strange & wicked assertiō of m. barlow . . . q. . art . . the goodnes of the act of our will doth depēd vpon our reason and iudgment . a sinne to doe cōtrary to an erroneous cōscience . what i● to be ●one of him who ha●h an erroneo●● cōscience . ● . tim. . m. barlowes mōstrous doctrines more fitting the turkes alcoran then the ghospell of iesus christ. s. paul abused . more cōte●ned in the oath , then ciuill obediēce . let. p. . apol. pag. . hi●r . . . exod. . . esdr. . . dan. . . no obedience against god & a mans consciēce . deu. . 〈◊〉 . ● . mach. . barl. pag. . a strange assertion . weake proofes . a simple discourse barl. pag. . the fact of toby against the cōmandement of k. senacherib . tob. . v. . tob. . m. barlow a bad angell . the credit of the history of toby . c●c . tri● , sess . . carth. can . . aug. . de doc . chrism . cap. . amb. de tob. . cyp. de orat . dominica & l. de mortali● . s. augustines and other fathers iudgments of the fact of toby . cap. . cap. . s. ambr. ●ib . de tob. c. . tob. . cyp. lib. d● oratione dom. this is no protestāt doctrine . a great presumptiō of m. barlowes piety . letter pag. . authorities of ancient fathers . apol. p. . ● aug. in psal. . how far we are bound to obey our temporall prince . apol. p. . tertull. ad scap. iust. apol. . ad anton . impera● . optat. contra parmē . lib. . ambros . orat. cōtra auxent . de basilicis nō trad . lib. . epist. three occasions in which s. ambrose resisted the emperour his temporall soueraigne . libellus . ambros. epist. . amb. l. ● . epist. . amb. ibid. ambros. con● . de basili●●s nō traden●●●s . m. barlowes shifting answere to the three places of s. ambrose . feminine supremacy more esteemed of m. barlow then masculine . barlow pag. . magdeb. cent . . c. . . & . the ancient vse of hallowing church vessels . naz. orat . de s●ipso cōtra arianos . m. barlows declining in the point of supremacy . stat. h. . anno domini . the supremacy how it was giuen to k● henry & in what high measure . k. edwar● . an e . cap. . queene elizabeth . m. barlows iudgment about the kings supreme ecclesiastical authority . m. barlows fumbling . m. barlows absurde distinctions & diuisions . m. barlows delusion . m. barlow hath marred the market of the kings supremacy . lett. p. . apolog. pag. . how s. gregory agreed to the publishing of the law of the emperour ●auritius . greg. l. . epist. . indict . . greg. lib. . epist. ● . indict . . barl. pag. . mauritius his law no● altogeather ecclesiasticall . how the emperors law vvas ecclesiasticall . a good consideration . a fond cauill . pag. . barl. pag. . a ridiculous error in grāmar of m. barlow . letter pag. ● . cōc . arel . sub carol. can. . vi●e in capitularibus franc. lib. . c. . de concilio worma● . wherin the coūcell or arles did submit it selfe to the emperour . a can. . b can. . c can. . d can. . & . e can. ● f can. . & . g can. . . . the zeale of charl● the great to haue manners reformed by the authority of bishops . barlow pag. . a grosse contradicti● in m. barlow a very forcible argumēt . m. barlows memory very short . m. barlow plaieth fast & loose , about the kings authority . a hard question for m. barlow to answere . barl. pag. . false dealing . amb. tō . . edit . vatican . epist. pr●fix . an●e con●il . aquile●ē . about the of coūcel wormes . ●●ō . ann . ● . & . 〈◊〉 f●āc . ● . c. ● . ●● l . c. ●● . better to be a fugitiue for the catholick religion on abroad then to be a persecutour at home . generall councels ●lwaies called by the bishop of rome . barl. pag. . the radiant folly of m. barlow . m bar●owes impudency . ba●on . tom . . ann . . a●o● . p. . & ● . lett. p. . neither the pope or church can make new articles of faith. barlow pag. . a foolish wrangling of m. barlow . barlow pag. . the silly shifting of m. barlow . m. barlowes acumen . m. barlowes cōtradictiō . c●● . . ●ta●leton . lib . c●●tro● . . de c●● . 〈…〉 m. barlowes fidelity . art. . c●nt●a luth●rum . b fisher abused . valētia in . . dis● . . pun●●o . d. thom● . . q. . art . . azor. in●stitut . par . , l. . c. . azor abused . suarez abused . suarez ●ō . ● . in . 〈◊〉 ● . a●t . sect . . ●a●l . pag. ● . tō . . cōc . concil . . mediolan . cap. . about the professiō of faith in the fourth counc●l of mill●ne fraudul●̄tly all●adged by m. barlow . azor. par . l. . c. . §. . quaeritur . strange impudency of m. barlow . azor. par . . l. . c. . §. ● . quaeritur . m. barlows transcendent impudency . letter pag. . see s. cypr. exhor . ad martyres . see euseb● l. . c. . & aug. de bapt. l. . c. . & l. . cōtra crescon . c. . & a●nob . cōtra gentes l. . in fine . m. barlows slander without end . barl. pag. . m barlowes strange mystery . socrat. lib. ● . hist. cap. . socrates peruerted . d. tho. . . q. . artic● . ad . . lying & cogging is proper to m. barlow . s. thomas his opiniō cōcerning obediēce due vnto princes . aug. . de ciuit. c. . an obiection answered by s. thom. m. barlowes ignorance or malice more declared . strange dealing of our aduersaries . letter pag. . about the breues of clemens octauus . m. barlowes mind impious . m. barlows cobling and clowting on of his maiesties prayses . m. barlow more fit to be a sexton then b. of lincolne . notes for div a -e lett. p. . apologia . . the state of the cōtrouersy with cardinal bel●larmine . card bellarmins opinion of taking the oath . pag. . a cauil . barl. p . iosue . . rammes horne . barl. pag. . a great vntruth to begin wi●h all . a foolish fiction of m. barlow without application . m. barlows trifl●ng ignorance . barl. pag. . m. barlow answereth argumēts by telling of tales , & those little to the purpose . card. bellarmine wrongfully charged by m. barlow for mistaking the question . pag. . edit . rom. lett. p. . all is one with m. barlow for a thing to be moderated or to be modified . barl. pag. . stat. . henr. . cap. . the first oath of supremacy . stat. . henr. . cap. . stat. . edw. . cap. . barl. pag. . m barlow vexed in defēding the supremacy . pag. . . reg. . . cor. . m barlowes impertinent answeres . reyn. confer . cap. . disp . . p. . q. elizabeth in m. barlowes opinion as absolute for spiri●tu●ll authority as any male-monarch . barl. pag. . letter . the oath deuided into . parts . apol. p. . bad kind of arguing . barl. pag. ●● . m. barlow without all occasion plaieth the parasite . barlow pag. . m. barlowes senselesse demand . m. barlow foysteth into his text the word whole , and therupon groūdeth al his idle dispute . bellarm. pag. . edit . rom. more required to a good action then to an euil . barl. pag. ● . the difference betweene this oath and an indenture . barl. pag. . barl. p. . strange & parasitical paradoxes . lett. p. . apologia . the oath of allegiance confirmed by the authority of councels . the difference betwene the ancient councels , and the popes counsell●ng of the catholiks . con● . tole . . can . . a lye in print . barl. pag. . about the leauing out the word almost . k. ●●senādus his submissiue behauiour to the bishops in the councel of toledo . the catholick faith confirmed by the councell of toledo . m. barl●w when he cannot answere fil● to tell●●g of tales . m. barlows falshood in relating the words of the coūcell of toledo . m. barlowes shameles assertion . about ignorance & deuotion . m. barlow very ignorant , but not very deuout . immunit● of clergy men from whence it first proceeded . lib. de cler. cap. ● . & . vid● in c●d●e theod●s . lib. . ti● . leg . & . ●t in cod. ●●stin● . l●ge ●an●imus de sa●rosan . eccl. m barlow for a canon leapeth out of the booke . can. . two notorious frauds of m. bar●low . m. barlowes forgery discouered about the marriage of priests . con● . to. l●t . ● . tom . . conc. an . dom. . the decree of the coūcel of tol●d● about the chastity of subdeacons , deacons & priests . let s●r vvilliam b. and his fellowes examine their consciences how they keep this canon . priests liuing with their wiues noted by the councell to come from heretikes . whether the coūcel of toledo agree more with the protestāt church of englād or catholik church of rome . christs des●ēding into hel to deliuer the saints . merits of workes . recourse to rome . beda lib. . hist. c. . wax tapers . all●l●ya . mortification in the time of lent● masses & festiuities of saints . disorderly monks punished . the difference betwene the oath of the councel of toledo & the english oath of pretended allegiāce . barl. pag. . very wisly spoken . concil . ● . tolet. a fond triumph of m. barlow before the victory . the coūcel of toledo would neuer haue allowed of the new oath . about equiuocation very ignorantly by m. barlow confounded with lying . * an immodest example vsed by m. barlow . the difference be●weene equiuocation & lying . a grosse lye of m. barlow . barl. pag. . m. barlowes principall ignorāce . m. barlowes childish imputations against cardinall bellarmine . barl. pag. . lett pag. num . . two questiōs proposed & solued . clauses of beliefe or not belief in the oath . pag. . barl. pag. ● . m. barlowes caueling . barl. pag. . machiauels principles agree better to protestāts doctrine thē to the catholike . m. barlow vnderstandeth not himselfe . barl. pag. . m. barlow his seely distinction . m. barlowes grosse errour in philosophy . diuine & humane faith wherin they are distinguished . the pop● neuer cōmanded any prince to be murthered . bar● . pag. . barl. pag. . bell. de rō . pont. l. . c. . §. ex quo m. barlow falsifyeth bellarmine . m. barlows foolish consequence . lett. p. . na●e . part . gē . ● . in anno ● . crā●● . l. . histor . saxon . c. . m. barlow i● 〈◊〉 where he 〈◊〉 ●●●were . henry the . not vnburied by pope pascalis . naucl. l. . gen . . 〈◊〉 a lutheran . m. barlows clouted frauds in his black cloud of witn●sses . m. barlow pareth and minceth authors to his purpose . m. barlow sheweth himselfe a falsificator in capitall let●ers . m. barlow trimmeth authours to make thē against their wil 's & cōtrary to that they write to speake for him . lett. p. . m. barlowes perfidious dealing in alleaging f. persons words . crātz . l. . hist. cap. . barl. pag. . m barlowes notorious lyes . m. barlowes cloud of witn●sses 〈◊〉 . helmod . 〈◊〉 . l. . c. . binnius misconstrued . binnius tom . . pag. c . the ayre cleered of m. barlowes cloud of witnesses . a commō false trick of m. barlow to set down his owne words in a different letter as if they were the words of the authour by him cited . aug. de ciuit. l. . cap. . & lib. de cura mort . agenda . cypr. ep. penultima & pōtius in vita sua optatus l. ● . contra parmen . cyp. ep . ● . infi●els , heret●kes , & excōmunicated persons , depriu●● of christian buriall . apparitions of martyrs . s. am. seri . de sac●is , & l. . ep. ep . . & . aug. conf●ss . . . c . & ser. . & de civit d●i l. . c. . greg. l. . dialog . c. . . & . m. barlows licence of adding & subtracting at his pleasure . strange liberty of the new ghospellers . about the insurrection of hē●y the . against his father . lett. p. . barl pag. . the deposition of henry the fourth . sig. de reg . ital. lib. . ann . . col. . instit . c. §. . sig. in ann . . genebrar . l. . anno mūdi . in paschal . ann. . sub papa greg. quīto . huld . mutius l. . chron . ger● fol. . barl. pag. . sixtus v. belied by m. barlow . barl. pag. . m. barlows egregious folly . m. barlows ridiculous profundityes discussed . an excellent discourse of s. augustine concerning gods prouidence . august . t●act . . s●p●r ●oā . an other strange prof●●ity of m. barlow without all wit or sense . mark this doctrine syr william . d. thom. p●● . & q. . the difference betweene pro●●●ē●●a & fatum . d. thom. cont . gentes lib. . cap. . the profoundity of m barlowes ignorance in school-diuinity . barl. pag. . an other profound ignorance of m. barlow . d. thom. . p. q. . a●● . ● . act. . . reg . . . reg. . . ioseph sold into egvpt by god his prouidence . gen. . v● . . . lett. p. . barl. pag. . m. barlowes immodesty . q. elizab●th no ioy nor iew●●● of the christian world . m. barlowes constācy , scili●et , statut. an . . h. . c. . q elizab●th against consciēce held the crowne from his maiestyes mother . years . about q 〈◊〉 , legitimation . barl. pag. . the stat●te of 〈◊〉 he●●● for t●● 〈…〉 of q elizabeth . whether q. elizabeths bastardy were in body . ba●● . p●g . . m. barlow●●pē iniury vnto ● . ●ē●● the ● . and the whole court of parla●ēt . m. barlow● begg●●g o● the question . dolem . cōf●●ē●e part . . c. . pag. . rom. . . cor. . & . about the stat●te ●● association . doleman part . . p. . lett. p. . the first su●●osed ●●●tradic●i●n . ●●llarm de i●●●i● . ab . cap. . apol. . tob. . iob. . . tim . . tim. . th● sū●●e o● card. b●●●●r●in●s 〈…〉 and an●wea●e . barlow . ber ser. . in psal. qui habita● . m. barlowes follyes . much idle babling ●f m. barlow to no other purpose then to s●●w his owne igno●ance . m. barlows false charge vpon his aduersaty . bellar. d● iustificat . lib. . cap. . good workes may giue cause of confidēce although a man put no confidence in them , but onely in gods mercy . bellar. lib. ● . de iustif. cap. . a ●hildish 〈◊〉 of m. bar●●● . b●●l . pag. ● . a notable ●●gging of m. barlow . r●g . . . cor. . an excellēt example out of s. paul to con●ute m. barl●w● contradiction obiected against the cardinall . ba●l . pag. ● . b●●l . pag. ●● . euery beggars patcht cloake conuinceth m. barlow of egr●gious folly . b●rl . p●g . . the secōd supposed contradiction . b●llarm . li● . . de statu pe . cati , & amis● . gratiae ● . . psal. . bellarmin clea●●●●●ō contradiction . bell l. . de cl●●i●is ● . . & l. . de p●nt . cap. . d● c●●e . l. . cap. . 〈…〉 . ●●lla●m . c. . m. barlow sett●th 〈◊〉 his own● fraud in mark a ●● great le●●ters . lib. . de pontif. c. . . . . barl. pag. . shamles dealing o● m. barlow . m. barlow maketh ●ely whitaker to be terrour vnto bellarmine . spectatum admissi ●isum tene atis . zisca the blind bohemian rebell a fit saint for iohn fox . m reynolds refutatiō o d. whi●taker . m. whitakers ig●norance . m. rey●nolds confutation ● . whitakers boo● not wort the takin●● vp . apolog. to●t . pag. . 〈◊〉 pag ● . an egre●gi●us abusing cardina bellarm to fram● contrad●●ction ba●l . pa● . s. thomas e●r●g●ously 〈◊〉 by m. barlow . d. thom. ● . q. . art . in corpore . & art . . & . per totum . lib. . institut . c. . lib. de ius●i●i●at . c. . letter pag. . l●tt . p. ● . touchi k. hen●● the secō●● houed . . ib. p. see bar●● in an sub ●inen barl. pag. . m. ba●●low off●●●ded for that the king of france 〈◊〉 embass●●dour 〈◊〉 not wh●●●ped . matth. ● e●hes . ● . matt. . ephes. . 〈…〉 . 〈◊〉 . . . m. barlow litle a●●●a●nt●●●ith 〈…〉 body by di●●●pline . . 〈◊〉 . . . ●a●l●w pag. ● . frederick the first . about the coronatiō of henry the sixt . a in ●ita c●l●stini . b p●rt . ● . g●● . . in 〈◊〉 . ● . c 〈◊〉 ● . 〈…〉 ● . d ●n an. ● . e 〈…〉 . f 〈…〉 . baronius an. . alexander the . ●●eared 〈◊〉 a ●●lūny . paron . in annal . an . . ●arlow pag. . ba●l . pag. . walthramu● so often obiec●ed of no credit . ●●ron . tom. . 〈◊〉 . r●● . pag. ● . lett. pag. ● . apolog. pag. . about philip the emper●r ●laine not by otho the ●mp●ror , but by otho the c●ūt . 〈…〉 . l●tt● pag. ● . in vita inno●ē . . lib. . d●●ad l. tom. . enne . . l. non longè ante finem . part. . gen . . an● . lib. . c. su●● saxoniae . in fine l. . * ● lond . v●i supra . petrus de vi●eis lib. . ●p●st . . & 〈◊〉 vita 〈…〉 . 〈…〉 . inforcing of matters against the pope . aug. in ●sal . ● . barl. pag. ● . in ●in● & . barl. pag. . b●rl . pag. . m. barlows iugling . ●●●dem . barl. pag. . barlow pag. ● . m. barlows lying discourse p. . . sam. . . plat. in honor. . vide ●ac omnia apud v●spergen . nau●l . gē . . anno . m. barlow dissēbl●th the e●perors fa●lts ther by the better to charge the pope of iniustice against him . ●●innius in gr●g . . tom. . pag. ● . thom. fazel . decad. . l. . c. . circa finē . vide in . decret . de s●nt●nt . & rei●dicata c. . fazel . ibid. iacob . phil. bergom . an . ● . vvestmonast . anno . sab●ll . enead . . l. . paulus . ae●●l . in l●d●● . nono . monacus p●du●nus in anno . antoninus tit . ● . cap. . platina in inno●●ntio q●a to . ioannet . & al●h●●● . ci●●●n . vbert . ●●●●et . l. . hist. g●n●●●s . paul. ●enal in ●●dou . . m. barlows vntruth about the cause of the empe●rours going to the holy-lād . the tr●e ca●●es why the e●perors sta●● w●re inuad●d in hi● absen●e . antonin , ti● . ● . . §. . 〈◊〉 . l. ● ● . . 〈…〉 l. . c. . &c. s●gon . in a● . h●l●●● . m●tius in an . . ●rantz . 〈◊〉 . . c. . fazelius d●cad . . lib. . c. . n●u l. 〈◊〉 . . 〈◊〉 . in ●in● . why fredericke wēt to the holy lād . the emperours sicknes counter●ait . lib. . c. . na●●l . lo co c●●ato . a in● br●n . 〈◊〉 . ●n . b 〈◊〉 il . e●●ē●n . c in greg. n●no . d en●a . . l. ● in g●egor . e decad. . l. . anno . . f ● . ●art . hist. l . h●ld ●uti●●s ●nno ● . 〈◊〉 . fr●d●ri●k sp●●ial●y excō●uni●ated for his retu●ne frō sea . a g●n . . an . ● . b ●●b . . cap. . c decad. . l. . cap. ● . d lib. . cap. . e lo●o citato . f vbi supra . g vbi supra . h vbi supra . i tit. . cap. . §. . k in anno . matth. paris . a. ● . pag. ● . ib. p ● . matthew paris his cen●ure of the ●mperours returne . a shamfull lye of m. barlow . v●spergēsi●●ade w●rse thē he is by m. barlow . a heap of m. ba●lows lye● . crantz . l. . cap. . faz●l . l●co ●●●ato . huld . mut vbi sup●a . 〈◊〉 . gē . . a●n● . . paris . an . . nauclerus abused by m. barlow . vbi supr● . blondus nota●ly belye● by m barlow . m. barlows other lyes . paris . an . , . paris . i●id . m. barlow like himselfe , that is , false in all things . m. barlows false & ridiculous plea. malicious cosenage in m. barlow . th● habit of l●ing hardly remoued from m. barlow● barlow pag. . a flat contradiction in m. barlow . . r●g . . cuspian ●● lyed by m. barlow . m. barlow and his author cuspinian taxed . matthew paris belied by m. barlow . matth. paris in an . . petrus de vineis magnified by m. barlow . villanus l. . cap. . barlow pag. . a tit. . c. . §. . in fine . b lib. . cap. . c lib. de script . eccles . & in catal. virorū illustrium in petro de vineis . d in anthropol . l. . a. . e an . . f eodē an . g decad. . l. ● . cap. . in fine . h lib. . histor . de prin●iribꝰ estensious . i lib. . hist di napol . a. . k par. . l. . a . l cantiō . . . partis , & in eū locū . m landinus , & n velutell . o in vita petri de vineis ep . prae fixa . p martin . crus . part . . an. ●ue●●corū l. . an . barl. pag. . deuteron . . . m. barlow by gods rule condēned of forgery m. barlows error cōcerning vrspergē●is . barl. pag. ● . a in anno . & in eodē sigon . b lib. ● . an● . c lib. . chron. an . . d in apparatu i●● innocēt . . e dec. . l. f an. . g lib. . hist. c. ● . h in anno . i in vita frederici . k in vita petri de vineis . l in chrō . an . ● . & ali●● lo●● supracitatu . m. barlows prouerb misapplied . m. barlows vntruthes heaped togeather m. barlows fundamentall lyes . pope innocentius t●e . calumniated both by m. barlow and fox . see three conuers . p●t . . ● . ● . three of m. barlows answeres examined . another vntruth of m. barlow . blondus nicknamed by m. barlo● a seely reason of m. barl. to iustifie petrus de vineis . barlow pag. . a ridiculous exception of m. barlow against innocētius . m. barlows charge against innocentius only in generalities . arist. in problem . the pra●ses of pope innocentius the . by diuers authors . geneb . . c●ron . in an . . l●ng . hist. citiz. in an . . poliet . l. . hist. genuensium . ibi●●m . in vita innocent . mona●h . pa●●uan in a● . . blond . decad . ● . l. . an . in sine . in innocent . . touching the death of innocentius & the general lamentation for the sa●e . r●be● s● l. . ●●●t . rauen . immediat● ante an . ● . lib. . ●●st . gen● . in vita innocent . . innocentius death for a long tyme bewayled . touching the life & vices of frederick the secōd . frederick the . conde●ned by matthew pari● and matthew westminster . matth. paris . in an . . p. . see also the same author anno . p. . matth. vvestm . an . . pag. ● . cuspinians iudgment of frederick barl. pag. . in fine mon. . pal●e● . in chron. an . . foliet a hist. genu . l. . vverner in f●s●●●●●o an . . crantz . l. . c. . saxoniae . frederick his barbarous cruelty . n●●●l . 〈◊〉 . anno . mutius anno . . compila● . c●●onol . an . . nubrig . ● . . ● . . & l. . ● . . monach. paduan . l. . an . . the licētious life of fredericke . cu●pin . & messia in vita frederic . ciac● in innoc. . blondus dec. . l. . naucl. gē . . anno . c●ātz . l. . c. . mut. an . . crus . part . . c. . colenut . in vit . fox acts & monumēts . pag. . a very base and barbarous example . crantz . l. . saxon. cap. . the blasphemou● speach of frederick● . psal. . the punishment of god vpon fredericke & his issue . huld . mutins in chron. an . . in fine . iob. . psal. . other enormities of fredericke . nang . in an . . prouerb . . matthew paris censured . cuspinian censured . nico. gerbel . praefat . ad carolū quintum petrus de vineis cēsured . s. anton. tit . . cap. . §. ● tritem . l. de scriptorib . eccles. in petro de vineis . in catal. virorum illustriū in petro de vineis . m. barlow pag. . numb . . a cluster of lies in m. barlow . alexāder the third calumniated . baronius tom . . bern. epist. ● . ad rolandū ( for that was alexāders name before he was pope ) cancellariū &c. rob. de monte in chron. an . . vterque matth. in an . . houed . eodem an . nubrig . also for thetim agreeth , l. . cap. . whē fredericke wēt into the holy-land . houed . loc . citat . antonin . tit . . c. . §. . nicet . choniat● lib. . hist. in isaacio angelo . compilat . chronol . suff●idus . fragmēt . hist. godef . chron. austral . chrō . august . mercator in an . . sigon . de regno italiae l. . & . messias & cuspin . in vita freder . blond . dec . . l. . sabe●l . en. . l. . paulus aemil . l. . antonin . tit . . c. . §. . crātz . l . saxon. c. . vinc. l. . c. . huld . mut. l. . in an . . crus . annal . su●ui . par . . l. . c. & . &c. v to que mat●h . in an . . nubrig l. . c. . houed . part . in an . . robert. de monte in anno . g●neb . in chrō . nau●ler . vol. . gen . tritem . in chron . monaster . hir sa●gien . m. barlow very great in his owne conceipt . gretserus apologia pro cruciat . exped . cap. . bales egregious lying cēsured . barlow pag. . touching gemin the turke . in vit . alexād . . aennead . . lib. ● . m. barlow scoffeth at reliques . lett. pag. . barlow pag. . m. barlowes sicophancy rom. . monkes & priests preferred before kings by s. chrysostome . similituds h●ld not in all things but onely in that wherin the similitude is made . mat●h . . rom. . . ba●l . . m. bar●lowes immodesty . m. barlow called from his idle vagaries . barl. pag. . m. barlowes shifting . letter pag. . about the exāple of eleazar . apol. pag. . hier. . an erroneous cōscience bindeth . two speeches delivered before the subscribing of the covenant, the . of september, at st. margarets in westminster the one by mr. philip nye, the other by mr. alexander henderson. nye, philip, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing n ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) two speeches delivered before the subscribing of the covenant, the . of september, at st. margarets in westminster the one by mr. philip nye, the other by mr. alexander henderson. nye, philip, ?- . henderson, alexander, ?- . [ ] p. printed by robert bryson, edinburgh : . reproduction of original in union theological seminary library, new york. eng solemn league and covenant ( ) oaths -- england. a r (wing n ). civilwar no two speeches delivered before the subscribing of the covenant, the . of september, at st. margarets in westminster. the one by mr. philip nye, philip c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈◊〉 speeches delivered before the subscribing of the covenant , the . of september , at st. margarets in westminster . the one by mr. philip nye . the other by mr. alexander henderson . published by speciall order of the house of commons . edinburgh , printed by robert bryson , anno dom. . an exhortation made to the honourable house of commons and reverend divines of the assembly , by mr. nye before hee read the covenant . a great and solemn work ( honourable and reverend ) this day is put into our hands let us stir up and awaken our hearts unto it . wee deal with god as well as with men , and with god in his greatnesse and excellency , for by him wee swear , and at the same time we have to do with god and his goodnesse , who now reacheth out unto us a strong and seasonable arme of assistance . the goodnesse of god procuring succour and help to a sinfull and afflicted people , ( such are we ) ought to bee matter of fear and trembling even to all that hear of it , ier. . . we are to exalt and acknowledge him this day who is fearfull in praises , sweare by that name which is holy and reverent , enter into a covenant and league that is never to be forgotten by us nor our posterity , and the fruit i hope of it shall be so great , as both we and they shall have cause to remember it with joy ; and such in oath as for matter , persons , and other circumstances ; the like hath not been in any age or oath we read of in sacred or humane stories , yet sufficiently warranted in both . the parties ingaging in this league are three kingdomes , famous for the knowledge , & acknowledgment of christ above all the kingdomes in the world ; to swear before such a presence , should mould the spirit of man into a great deal of reverence ; what then to be engaged , to be incorporated , and that by sacred oath , with such an high and honourable fraternity ? an oath is to be esteemed so much the more solemne , by how much greater the persons are that sweare each to other : as in heaven when god sweares to his son , on earth when kings swear each to other , so in this businesse , where kingdomes sweare mutually . and as the solemnity of an oath is to bee measured by the persons swearing , so by the matter also that is to be sworn to ; god would not swear to the covenant of works , hee intended not to honour it so much , it was not to continue , it was not worthy of an oath of his : but to the covenant of grace , which is the gospell , he swears and repents not of it . god swears for the salvation of men , and of kingdomes : and if kingdomes swear what subject of an oath becommeth them better then the preservation and salvation of kingdomes , by establishing the kingdome of a saviour amongst them , even our lord and saviour jesus christ , who is a mediator and saviour for nations as well as particular persons ? the end also is great and honourable , as either of the former two is better then one , saith he who best knoweth what is best ; and from whom alone every thing hath the goodnesse it hath . association is of divine off-spring , not only the beginning of creatures , but the putting of them together : the cluster as well as the grape is the work of god : consort and harmony amongst men , especially amongst saints , is very pleasing unto the lord if when but two or three agree & assent upon any thing on earth , it shall be confirmed in heaven : and for this , because they gather together in his name , much more when two or three kingdomes shall meet and consent together in his name and for his name , that god may bee one , and his name one amongst them , and his presence amidst them . that prayer of christ seemeth to proceed from a feeling sense of his own blessednesse : father , that they may be one , as thou in me , &c. unity amongst his churches and children must needs therefore be very acceptable unto him : for out of the more deep sense desires are fetcht from within us , the more pleasing will be the answer of them unto us , churches and kingdomes are dear to god , his patience towards them , his compassion over them , more then particular persons , sheweth it plainly . but kingdomes willingly engaging themselves for his kingdome , his christ , his saints , the purity of religion , his worship , and government , in all particulars ▪ and in all humility sitting down at his feet to receive the law and the rule from his mouth , what a price doth hee set upon such ? especially when ( as we this day ) sensible of our infirmity , of an unfaithfull heart not , steddy with our god , but apt to start from the cause , if we feel the knife or the fire : who binde our selves with cords , as a sacrifice to the hornes of the altar . we invocate the name of the great god , that his vowes , yea his curse may bee upon us , if we do not this , yea though we suffer for so doing that is , if we endeavour not so farre as the lord shall assist us by his grace , to advance the kingdome of the lord jesus christ here upon earth , and make jerusalem once more the praise of the whole world , not withstanding all the contradictions of men . what is this but the contents and matter of our oath ? what doe we covenant ? what do we vow ? is it not the preservation of religion , where it is reformed and the reformation of religion , where it needs ? is it not the reformation of three kingdomes , and a reformation universall , doctrine , discipline , and worship ▪ in whatsoever the word shall discover unto us ? to practise , is a fruit of love ; to reforme , a fruit of zeale ; but so to reforme , will bee a taken of great prudence , and circumspection in each of these churches . and all this to be done according to gods word , the best rule , and according to the best reformed churches , the best interpreters of this rule . if england hath obtained to any greater perfection in so handling the word of righteousnesse , and truths , that are according to godlinesse as to make men more godly , more righteous : and if in the churches of scotland any more light and beauty in matters of order and discipline , by which their assemblies are more orderly : or if to any other church or person it hath been given better to have learned christ in any of his wayes then any of us ; wee shall humbly bow , and kisse their lips that can speak right words unto us in this matter , and help us into the nearest uniformity with the word and minde of christ in this great work of reformation . honourable and reverend brethren , there cannot be a more direct & effectuall way to exhort and perswade the wise , and men of sad and serious spirits ( and such are you to whom i am commanded to speak this day ) then to let into their understandings the weight , and worth , and great importance of the work they are perswaded unto . this oath is such , and in the matter and consequence of it , of such concernment , as i can truly say , it is worthy of us , yea of all these kingdomes , yea of all the kingdomes of the world , for it is swearing fealty and allegeance unto christ the king of kings ▪ and a giving up of all these kingdomes , which are his inheritance , to be subdued more to his thron , and ruled , more by his scepter , upon whose shoulders the government is laid , and in the increase of whose government and peace there shall be no end , esay . yea , we finde this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet upon two of gods kingdomes , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to doe this day , and so swearing , rev. the effect of that oath you shall finde to be this , that the kingdomes of the world become the kingdomes of the lord and his christ , and hee shall reigne for ever . rev. , his oath was for the full and finall accomplishment , this of yours for a graduall , yet ▪ a great performance towards it . that which the apostles and primitive times did so much and so long pray for , though never long with much quietnesse enjoyed , that which our fathers in these latter times have fasted , prayed and mourned after , yet attained not ; even the cause which many dear saints now with god , have furthered by extreamest sufferings , poverty , imprisonment , banishment , death , ever since the first dawning of reformation : that and the very same is the very cause and work that wee are come now , through the mercy of jesus christ , not only to pray for , but swear to . and surely it can be no other , but the result and answer of such prayers and teares of such sincerity & sufferings , that three kingdomes should be thus born , or rather new born in a day ; that these kingdomes should be wrought about to so great an engagement , then which nothing is higher , for to this end kings raigne , kingdomes stand , and states are upheld . it is a speciall grace and favour of god unto you brethren , reverend and honourable , to vouchsafe you the opportunity , and to put into your hearts ( as this day ) to engage your lives and estates in matters so much concerning him and his glory . and if thou should doe no more but lay a foundation stone in this great work , and by so doing engage posterity after you to finish it , it were honour enough : but there may yet further use be made of you , who now are to take this oath , you are designed as chief master builders and choice instruments for the effecting of this setled peace and reformation ; which if the lord shall please to finish in your hands , a greater happinesse on earth , nor a greater means to augment your glory and crown in heaven , you are not capable of . and this let me further adde for your encouragement of what extensive good and fruit in the successe of it , this very oath may prove to be , we know not . god hath set his covenant like the heavens , not onely for duration , but like also for extension : the heavens move and roule about , and so communicate their light , and heat , and vertue , to all places and parts of the earth ; so doth the covenant of god , so may this gift bee given to other covenants that are framed to that pattern . how much this solemne league and oath may provoke other reformed churches to a further reformation of themselves ; what light and heat it may communicate abroad to other parts of the world , it is only in him to define to whom is given the utmost ends of the earth for his inheritance , and worketh by his exceeding great power great things out of as small beginnings . but howsoever , this i am sure of , it is a way in all probability most likely to enable us to preserve & defend our religion against our common enemies , and possible a more sure fundation this day will be laid for ruining popery and prelacy , the chief of them , then as yet we have been led unto in any age . for popery , it hath been a religion ever dexterous in fencing and muniting it self by association and joynt strength , all sorts of professors amongst them are cast into fraternities and brother hoods , and these orders carefully united by vow one with another and under some more generall notion of common dependancie . such states also & kingdomes as they have thus made theirs ; they endeavour to improve and secure by strict combinations and leagues each to other , witnesse of late yeares that la sainte ligue , the holy league . it will not bee unworthy your consideration , whether seeing the preservation of popery hath been by leagues and covenants , god may not make a league or covenant to be the destruction of it : nay the very rise of popery seemeth to bee after such a manner by kings , that is , kingdomes assenting and agreeing perhaps by some joynt covenant ( the text saith with one minde , why not then with one mouth ) to give their power and strength unto the beast , and make war against the lamb . rev. . where you read the lamb shall overcome the beast , and possibly with the same weapons , hee is the lord of lords , and king of kings , hee can unite kings and kingdoms , and give them one minde also to destroy the whore and bee her utter ruine , and may not this dayes work be a happy beginning of such a blessed expedition ? prelacie another common enemy , that we covenant and swear against , what hath it been , or what hath the strength of it been , but a subtile combination of clergy men formed into a policy or body of their own invention , framing themselves into subordination and dependencie one upon another ; so that the interest of each is improved by all , & a great power by this means acquired to themselves , as by sad experience we have lately found : the joynts and members of this body , you know were knit together by the sacred engagement of an oath , the oath of canonicall obedience as they called it : you remember also with what cunning and industrie they endeavoured lately to make this oath and covenant more sure for themselves and their posterity . and intended a more publike , solemn and universal engagement , then since popery this cause of theirs was ever maintained or supported by . and questionlesse , ireland and scotland also must at last have been brought into this holy league with england . but blessed be the lord , and blessed be his good hand the parliament , that from the indignation of their spirits against so horrid a yoke , have dashed out the very brains of this project , and are now this day present before the lord to take and give possession of this blessed ordinance , even an oath and covenant as solemne and of as large extent as they intended theirs ; uniting these three kingdoms into such a league and happy combination , as will doubtlesse preserve us and our reformation against them , though their iniquity in the misteries of it should still be working amongst us . come therefore ( i speak in the words of the prophet ) let us joyne our selves to the lord , and one to another , and each to all , in a perpetual covenant that shall not be forgotten . we are now entring upon a work of the greatest moment and concernement , to us , and to our posterity after us , that ever was undertaken by any of us , or any of our . forefathers before us , or neighbouring nations about us ; if the lord shall blesse this our beginning , it will bee a happie day , and we shall be a happy people . an oath is a duty of the first commandment , and therfore of the highest and noblest order and rank of duties , therefore must come foorth attended with choycest graces , especially with these two , humility , and fear . fear , not onely of god , which ought to bee in an eminent measure , gen. . . iacob swear by the feare of his father isaac , as if hee coveted to inherit his fathers grace , as well as his fathers god : but also feare of an oath , it being a dreadfull duty , and hath this peculiar , it is established by the oath of god , i have sworne that unto mee every tongue shall sweare , isa . . it is made the very character of a saint , hee feares an oath eccles. . . humility is another grace requisite , set your hearts before god in an humble obedient frame ; deut. . thou shalt fear the lord thy god , and serve him , and sweare by his name . the apostle paul was sensible of this engagement , even in the very act of this duetie , rom . , i call god to witnesse whom i serve in my spirit ; although it be a work of the lips , yet the heart and the whole man must be interessed if we expect this worship to be acceptable , psal. . accept the free will offering of my mouth , and teach me thy judgements . also it must bee done in the greatest simplicity and plainnesse of spirit , in respect of those with whom wee covenant . we call god as a witnesse betwixt us who searcheth the heart : with him is wisedome and strength , the deceived & deceiver is his , iob . . he hath wisedome to discover , and strength to punish , if our hearts be not upright to our brethren in this matter . let us be contented with this , that the words of our covenant be bands , it may not be so much as in the desire of our harts that they should become snares , no not to the weakest and simplest person that joyneth with us . in the whole work make your addresse unto god , as iacob did to his 〈…〉 there bee the like fear and jealousie over : your spirits , gen. . . my father peradventure will feel me , and i shall seem to him as a deceiver , and i shall bring a curse upon me , and not a blessing . i take liberty with more earnestnesse to presse this care upon you , because i have observed oaths and covenants have been undertaken by us formerly , and by the command of authority , the fruit whereof , though great yet not answered our expectation ; the lord surely hath been displeased with the slightnesse of our hearts in the work . i beseech you bee more watchfull , and stirre up your hearts with more industry this day then ever before : as it is the last oath you are likely to take in this kinde , so it is our last refuge , tabula post naufragium . if this help not , wee are likely to remaine to our dying day an unhappy people , but if otherwise , you will indeed sweare with all your hearts , and seek the lord with your whole desire , god will bee found , and give you rest round about , chor. , . and having sworn , and entred into this solemne engagement to god and man , make conscience to doe accordingly , otherwise it is better thou shouldest not vow ecclesiast . . as it is said of fasting , it is not the bowing down of the head for a day , so of this solemne swearing it is not the lifting up of the hand for a day , but an honest and faithfull endeavouring after the contents of this covenant all our dayes , a truce breaker is reckoned up amongst the vilest of christians , . tim. . . so a covenant-breaker is listed amongst the worst of heathens , rom. . , but hee that sweareth and changeth not , though he swear to his hurt , that is , he that wil keep his covenant and oath though the contents of it prove not for him , nay possibly against him , yet hee will keep it for his oaths sake , such a one shall have his habitation with the most high , and dwell in his tabernacle , psal. . and as for you , reverend brethren , that are ministers of the gospel , there is yet another obligation will lie upon you , let us look to our selves , and make provision to walk answerable to this our covenant for the gospels sake ; it will reflect a great aspertion upon the truth of the gospel , if wee should bee false or unconstant in any word or purpose , though in a matter of lesse consequence , as you can easily collect from that apology of paul cor. , . how much more in such a case as this is , if we should bee found to purpose , nay more , to vow , and covenant , and swear , and all this , according unto the flesh , and with us there should be , notwithstanding all these obligations , yea , yea , and nay , nay ? that we may all who take the covenant this day , he constant , immoveable , and abound in this work of the lord , that we may not start aside , or give back , or goe on uncomfortably , there is a twofold grace or qualification to bee laboured after . wee must get courage , spirits that are bold and resolute . it is said in haggai , that the lord stirred up the spirit of zerubbabel governour of iudah , and the spirit of ioshua the high priest , and the spirit of all the remnant of the people , and they came , and did work in the house of the lord , the vvork of gods house : reformation-work especially , is a stirring work ; read stories , you finde not anywhere reformation made in any age , either in doctrine or discipline , without great stirre and opposition . this was foretold by the same prophet . chap. . vers. . the promise is , hee will fill his house with glory but what goeth before , vers , yet once it is a little while and i will shake the heavens , and the earth , and the sea , and the dry land that is , all nations , as in the words following , this place is applyed heb , to the removing jewish rites , the moveables of gods house . the like you 〈◊〉 in the apostles times , acts , the truth bei●● preached , some beleeved , others did not ; here beginnet● the stirre , vers. . those that beleeved not . tooke unt● themselves certaine lewd fellows of the baser sort , and gathered a company , and set all the city in an uproare : and vvhen they had done so , complained of the brethren to the rulers , as men that turn the world upside down , ver. read also acts . , . . in such a work therefore men had need bee of stout , resolute , and composed spirits , that vve may bee able to goe on in the maine , and stirre in the middest of such stirres , and not bee amazed at any such doings . it may possibly happen , that even amongst your selves there vvill bee out cryes , sir , you vvill undo all , saith one , you vvill put all into confusion saith another , if you take this course , saith a third , vve can expect nothing but bloud : but a vvise states-man , like an experienced sea-man , knovveth the compasse of his vessel , and though it heave and tosse , and the passengers cry out about him , yet in the middest of all hee is himself , turneth not aside from his work , but steereth on his course . i beseech you let it be seriously considered , if you meane to doe any such work in the house of god as this is ; if you meane to pluck up what many yeares agoe was planted , or to build up what so long agoe was pulled downe , and to goe thorough with this work , and not bee discouraged , you most begge of the lord this excellent spirit , this resolute stirring spirit , otherwise you will bee out spirited , and both you and your cause slighted and dishonoured . on the other hand wee must labour for humility , prudence , gentlenesse , meeknesse . a man may bee very zealous and resolute , and yet very meek and mercifull : jesus christ was a lyon , and yet a lambe also ; in one place hee telleth them hee commeth to send fire on the earth : and in another place rebuketh his disciples for their fiery spirits , luk. . : there was the like composition in moses , and in paul , and it is of great use , especially in this worke of reformation . i have not observed any disputes carried on with more bitternesse in mens writings , and with a more unsanctified heat of spirit , yea and by godly men too , then in contraversies about discipline , church government , ceremonies , and the like . surely to argue about government with such ungoverned passions , to argue for reformation with a spirit so unreformed , is very uncomely let us be zealous , as christ was , to cast out all , to extirpate and root out every plant his heavenly father hath not planted ; and yet let us doe it in an orderly way , and with the spirit of christ , whose servants we are , the servant of the lord must not strive , but be gentle to all men , apt to teach , patient , in meeknesse instructing those that oppose , tim. . . we solemnly engage this day our utmost endeavours for reformation ; let us remember this , that too much heat , as well as too much coldness , may harden men in their wayes , and hinder reformation . brethren , let us come to this blessed work , with such a frame of heart , with such a minde for the present , with such resolutions for the time to come ; let us not bee wanting to the opportunity god hath put into our hands this day ; and then i can promise you , as the prophet , consider this day and upwards , even from this day , that the foundation of the lords work is laid . consider it , from this day will i blesse you , saith the lord . nay , we have received as it were the first fruits of this promise , for as it is said of some mens good works they are manifest beforehand , tim. . even so may be said of the good work of this day , it is manifest before hand , god hath as it were before hand testified his acceptance ; while wee were thinking and purposing this free will offering , he was protecting and defending our armie , causing our enemies the enemies of this work to flie before us , and gave us a victory , not to be despised , surely this oath and covenant shall be iudahs joy , the joy and comfort of this whole kingdome , yea , of all three kingdomes . jesus christ king of the saints govern us by his spirit , strengthen us by his power , undertake for us according as he hath sworn , even the oath which he sware to our father abraham , that hee would grant unto us , that we being delivered out of the hands of our enemies , might serve him without feare in holinesse and righteousnesse before him all the dayes of our life , luke . grant unto us also , that when this life is finished , and wee gathered to our fathers , there may be a generation out of our loynes to stand up in this cause , that his great and reverent name may be exalted from one generation to another , untill hee himself shall come , and perfect all with his own hand by his own wisedome : even so come lord jesus , come quickly , amen . a speech delivered by m. alexander henderson , immediatly before the taking of the covenant , by the house of commons , and assembly of divines . although the time bee farre spent , yet am i bold ( honourable , reverend , and beloved in the lord ) to crave your patience a little ; it were both sin and shame to us in this so acceptable a time , in this day , which the lord hath made , to bee silent and to say nothing : if we should hold our peace , wee could neither be answerable to god , whose cause and worke is in hand ; nor of this church and kingdome , unto which we have made so large profession of duty , & ow much more ; nor to our native kingdome , so abundant in affection toward you ; nor to our own heart , which exceedingly rejoyce to see this day : we have greater reason then the leprous men sitting in a time of great extremitie at the gate of samaria , to say one to another , we do not well , this day is a day of good tydings , and we hold our peace ? it is true , the syrians are not yet sted ; but our hope is through god , that the worke begun this day , being sincerely performed and faithfully pursued , shall put to flight , not onely the syreans and babylonians , but all other enemies of the church of god , of the kings honour , and of our liberty and peace . for it is acceptable to god and well pleasing in his sight , when his people come willingly in the day of his power ( and how shall they not be willing in the day of his power ? ) to enter a religious covenant , with him and amongst themselves whatsoever be the condition of the people of god , whether in sorrow and humiliation before deliverance , or in rejoycing & thanksgiving after deliverance ? this is it , which the lord waits for at their hands , which they have been used to performe , and with which hee hath been so well pleased , that it hath been the fountaine of many deliverances and blessings unto them . when a people beginneth to forget god , he lifteth up his hand against them and smitteth them : and when his people , humbled before him , lift up their hands not only in supplication , but in covenant before the most high god , he is pleased ( such is his mercy and wonderfull compassion ) first , to lift his hand unto them , saying , i am the lord your god , as we have it three times in two verses of the . of ezekiel , and next he stretcheth out his hand against his enemies and thers . it is the best work of faith , to joyn in covenant with god , the best work of love and christian communion to joyn in covenant with the people of god ; the best work of the best zeal , to joyn in covenant for reformation , against the enemies of god and religion ; the best work of true loyaltie , to joyn in covenant for the preservation of our king and superiours ; and the best proof of naturall affection ( and to be without naturall affection , is one of the great sinnes of the gentiles ) to joyn in covenant for defence of our native countrey , liberties , and lawes ; such as for these necessary ends to withdraw and are not willing to enter into covenant , have reason to enter into their own hearts and to look into their faith , love . zeal , loyalty , and naturall affection . as it is acceptable to god , so have we for it the precedent and example , not onely of the people of god of old , of the reformed churches of germany , and the low countreyes ; but of our owne noble and christian progenitors in the time of the danger of religion , which is expressed in the covenant it self . the defect was ; they went not on throughly to enter in a solemne covenant ; an happinesse reserved for this time ; which had they done , the corruptions and calamities of these dayes might have been prevented : and if the lord shal bee pleased to move , loose , and enlarge the hearts of his people in his majesties dominions to take this covenant , not in simulation , nor in luke warmnesse , as those that are almost perswaded to bee christians , but as becommeth the people of god , it shall bee the prevention of many evils and miseries , and a meane of many and rich blessings , spirituall and temporall , to our selves , our little ones , and the posterity that shall come after us for many generations . the neere and neighbouring example of the church and kingdome of scotland , is in this case worthy of our best observation : when the prelates there , were grown by their rents , and lordly dignities , by their exorbitant power over all sorts of his majesties subjects , ministers and others , by their places in parliament , councel , colledge of justice , exchequer , and high commission , to a monstrous dominion and greatnesse , and like gyants , setting their one foot on the neck of the church , and the other on the neck of the state , were become intolerable insolent ; and when the people of god through their oppression in religion , liberties and lawes , and what was dearest unto them , were brought so low , that they chused rather to die , then to live in such slavery , or to live in any other place , rather then in their own native countrey ; then did the lord say , i have seen , i have seen the affliction of my people , and i have heard their groaning , and am come downe to deliver them . the beginnings were small , and contemptible in the eyes of the presumptuous enemies , such as use to be the beginnings of the greatest works of god ; but were so seconded and continually followed by the undeniable evidences of divine providence , leading them forward from one step to another , that their mountain became strong in the end . no tongue can tell what motions filled the hearts , what teares were poured forth from the eyes , and what cryes came from the mouthes of many thousands in that land , when they found an unwonted flame warming their breastes , and perceived the power of god raising them from the dead , and creating for them a new world wherein should dwell religion and righteousnes . when they were destitute both of moneys and munition , which next unto the spirits and armes of men , are the sinews of warre , the lord brought them forth out of his hid treasures ; which was wonderfull in their eyes , and matter of astonishment to their hearts : when they were many times at a pause in their deliberations , and brought to such perplexity , that they knew not what to chuse or to do , for prosecuting the work of god , onely their eyes were toward him ▪ not onely the feares and furies , but the plots also and policies of the adversaries , opened the way unto them , their devices were turned upon their own heads and served for the promoting of the work of god . the purity of their intentions elevated above base and earthly respects , and the constant peace of their hearts in the midst of many dangers , did bear them out against the malicious accusations and aspersions put upon their actions ; all which were sensible impressions of the good providence o● god , and ●eg●●e characters of his work ▪ which as the church and kingdom of england exercised at this time with greater difficulties then theirs have in part already found , so shall the parallel be perfected to their greater comfort in the faithful pursuing of the work unto the end . necessity , which hath in it a kind of soveraignty , & is a law above all laws , and therfore is said to have no law , doth mightily presse the church and kingdom of scotland at this time : it is no small comfort unto them that they have not beene idle and at ease , but have used all good and lawfull means of supplications , declarations and remonstrances to his majestie , for quenching the combustion in this kingdome : and after all these , that they sent commissioners to his majestie , humblie to mediate for a reconcilement and pacification ; but the offer of their humble service was rejected , from no other reason , but that they had no warrant nor capacity for such a mediation ; and that the intermixture of the government of the church of england with the civill government of the kingdom , was such a mistery as could not be understood by them . althoug it be true , which was at that time often replyed , that the eighth demand of the treatie , and the answer given thereunto concerning the uniformity of religion , was a sufficient ground of capacity ; and the proceedings of the houses of parliament against episcopal government , as a stumbling block hindering reformation , and as a prejudice to the civil state , was ground enough for their information the commissioners having returned from his majestie without successe , and the miseries of ireland , the distresses of england , and the dangers and pressures of the kingdom of scotland , growing to greater extremity ; such as were intrusted with the publick affairs of the kingdome 〈…〉 according to the practise of former times ( his majesty having denyed a parliament ) to call a convention of the estates for considering of the present affairs , and for providing the best remedies : which immediatly upon their meeting by the speciall providence of god , did receive information of diverse treacherous attempts of papists in all the three kingdomes , as if they had been called for that effect ; and by the same providence , commissioners were sent from both houses of parliament to consider with the estates of the kingdome of scotland , of such articles and propositions as might make the conjunction betwixt the two nations more beneficiall and effectuall for the securing of religion and libertie against papists and prelates with their adherents . their consultations with the commissioners of the generall assembly , did in the end bring forth a covenant , as the onely meane after all other have been assayed , for the deliverance of england and ireland out of the deeps of affliction , preservation of the church and kingdome of scotland from the extremity of miserie , and the safety of our native king and kingdomes from destruction and desolation . this is the manifold necessity which nature , religion , loyaltie , and love hath laid upon them . nor is it unknown in this honourable reverend and wise audience , what errours and heresies in doctrine ; what superstition and idolatrie in worshippe , what usurpation and tyrannie in government , what cruelty against the soules and bodies of the saints have been set on foot , exercised , and executed for many generations , and now of late by the romane church ; all which we hope through the blessing of god upon this work , shal be brought to an end . had the pope at rome the knowledge of what is doing this day in england , and were this covenant written on the plaster of the wall over against him , where he sitteth belshazzar-like in his sacralegious pomp , it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loose , and all his cardinals and prelates to be astonished . when the reformed churches , which by their letters have been exciting us to christian communion and sympathie in this time of the danger of religion and distresse of the godly , shall heare of this blessed conjunction for uniformity in religion according to the word of god and the defence thereof ; it shall quicken their hearts against the heavinesse of oppressing sorrows and feare ; and be no other than a beginning of a jubilee and joyfull deliverance unto them , from the antichristian yoke and tyrannie . upon these and the like considerations wee are verie confident , that the church and kingdome of scotland will most chearfully joyne in this covenant , at the first motion whereof , their bowels were moved within them ? and to give testimony of this our confidence , we who are commissioners from the generall assembly , although we have no particular and expresse commission for that end , not from want of willingnesse , but of foresight ) offer to joyn our hearts and hands unto it , being assured that the lord in his own time wil against all opposition even against the gates of hell , crown it with a blessing from heaven . the word of god is for it , as you have been now resolved by the consent and testimonie of a reverend assembly of so many godly , learned , and great divines . in your own sense and experience you will find , that although while you are assaulted or exercised with worldly cares and fears , your 〈…〉 other times , when upon seeking of god in private or publike , as in the evening of a wel spent sabbath ; or day of fast and humiliation your disposition is more spiritual , and leaving the world behind you ▪ you have found accesse unto god through jesus christ , the bent and inclinations of your hearts will be strongest to go throgh with this work ▪ it is a good testimony that our designes and wayes are agreeable to the will of god , if we affect them most when our hearts are furthest from the world and our temper is most spirituall and heavenly , and least carnall and earthly . as the word of god , so the prayers of the people of god in all the reformed churches are for us , and on our side : it were more terrible then an army to hear that there were any fervent supplications to god against us ; blasphemies , curses , and horrid imprecations there be , proceeding from another spirit , and that is all . that divine providence also which hath maintained this cause , and supported his servants in a marvellous manner unto this day , and which this time past hath kept things in an equall ballance and vicissitud of successe , will we trust from this day-forth , through the weight of this covenant , cast the ballance and make religion and righteousnesse to prevail , to the glory of god , the honour of our king , the confusion of our common enemies , and the comfort and safety of the people of god : which he grant , who is able to doe above any thing that we can ask or think . finis . a clergy-man of the church of england his vindication of himself for reading his majesties late declaration. with allowance. elys, edmund, ca. -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a clergy-man of the church of england his vindication of himself for reading his majesties late declaration. with allowance. elys, edmund, ca. -ca. . sheet ([ ] p.) printed, and publish'd by randal taylor, near stationers-hall, [london : ] signed at end: edmund ellis, rector of east-alling in devon. caption title. imprint from colophon. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng clergy -- legal status, laws, etc. -- early works to . oaths -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a clergy-man of the church of england his vindication of himself for reading his majesties late declaration . with allowance . tho' my averseness from all appearance of opposition to our most reverend metropolitan , and the reverend bishop of this diocess made me resolve ( as i acquainted a learned man in answer to a letter i lately received from him ) that i would not publish any thing upon ●…ion of this great controversy ; yet upon second thoughts of my duty 〈◊〉 our gracious sovereign , and the regard i ought to have to my own reputation in reference to that apostolical injunction , let no man despise 〈◊〉 i now resolve to make known to the world what reasons i had to 〈◊〉 the declaration . i receiv'd it from the hands of the totness-apparitor , without the least doubt or scruple but that it came from my lord bishop of exeter : i read it the sunday after i receiv'd it . the saturday following i receiv'd a letter from the apparitor , acquainting me that it was my lord bishops pleasure that i should not read the declaration . since that time i have often said that i shall not make the least scruple to read it again , if i shall receive an order so to do from the king , or the bishops : and yet amongst a multitude of the foulest calumnies imaginable that have been rais'd against ●…e upon this occasion , this is one , that i am so vext and disquieted in mind for ●…aving read this declaration that i am like to be quite distracted ●…rough anguish that ever i did such a thing . this is so prodigious a lye , at god is my witness i never had the least inclination to repent of it . ●…ave written to several learned men of the church of england , that in a ●●ere desire to keep a conscience void of offence both towards god , 〈◊〉 towards men , i resolv'd to submit to this order , upon these , and the 〈◊〉 considerations , " that our sovereign lord the king , has a right to declare or make known his mind as to any matter whatsoever , to every ●…e of his subjects : and consequently that he has a right to constrain ●…l priests and deacons to be his instruments to make his mind known by ●…eading any declaration , &c. i was prompted to these thoughts my remembrance of those words of st. gregory , which i took special 〈◊〉 of twenty years since . st. greg. regist . l. . ep . greg. — gregorius mauricio augusto . ego quidem jussioni subjectus , eandem legem per diversas terrarum pa●… transmitti feci , & quia lex ipsa omnipotenti deo minime concordat , ecce per 〈◊〉 gestionis meae paginam serenissimis dominis nunciavi utrobique ergo quae d●… exolui , qui & imperatori obedientiam praebui , & pro deo quod sensi minime t●… since i am subject to your command , i caus'd the law ( you had sent me ▪ 〈◊〉 be dispers'd through diverse parts of the world ; and , because the law it self i●… so agreeable to the will of almighty god , behold i have declar'd the same by 〈◊〉 paper which suggests my reasons . and by doing so , i have in both regards pa●… duty i ow'd ; while i both perform my obedience to the emperour , and 〈◊〉 known my sentiments in relation to god. i suppose all the learned clergy of the church of england know w●… saying this is : if the exemption from obedience be not as eviden●… 〈◊〉 the command to obey , it must needs be sin not to obey . this i 〈◊〉 fastly believe ; and therefore i am resolv'd by the help of god to do 〈◊〉 thing that his majesty shall command me , unless i find it to be of s●… nature , that i shall be ready to declare to his majesty and all the w●… that i am so confident that the performance of such an action wou●… 〈◊〉 contrary to the law of god , declar'd in the holy scriptures , or to 〈◊〉 law of the land , or to some canon or constitution ecclesiastical , that i 〈◊〉 be ready to lay down my life in testimony that my refusing to do ▪ 〈◊〉 the king commands is not in disobedience to him , but in true ●…ence to the king of kings : and with this resolution i pity all my ●…mies ; and i desire my friends not to be troubled when they hear m●… bitterly censur'd , and revil'd ; but to consider that some of the rep●… that are dayly cast upon me make me expressly conformable to th●…●…ferings of our blessed lord , of whom it was said : he hath a dev●… 〈◊〉 is mad , why hear ye him ? edmund ellis , rector of east-alling in devon. finis . london printed , and publish'd by randal taylor , near stationers-hall . ●●● some reflections on the oaths & declaration appointed in an act past in the first year of the reign of king william and queen mary in reference to the roman catholicks of england / by sir d.w. baronet, of the church of rome. d. w., sir. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some reflections on the oaths & declaration appointed in an act past in the first year of the reign of king william and queen mary in reference to the roman catholicks of england / by sir d.w. baronet, of the church of rome. d. w., sir. p. [s.n.], london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- great britain. catholics -- england -- early works to . oaths -- england -- political aspects. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some reflections on the oaths & declaration appointed in an act past in the first year of the reign of king william and queen mary , in reference to the roman catholicks of england . by sir d. w. baronet , of the church of rome . london , printed in the year mdcxcv . to my worthy good friend . sir ; it was not yet my hap to be tendered the new oaths , but supposing that at some time it may , since in the last sessions of parliament there were agitations for barring all persons from voices in elections of members for parliament , and from practice in their professions , besides the penalties of this statute , and paiment of double taxes , in case of refusing to swear , and declare , as by this act is required ; these and some other considerations ( needless to particularize ) put me on search into the quality and sense of these oaths , with the duty and lawfulness of taking or refusing them . and first i observed , that in these oaths there is no declaring or swearing to the king's supremacy , in any things or causes , nor a renunciation of the rights or titles of any other person , nor a promise of faith and allegiance to the present prince's heirs and lawful successors , nor an acknowledgment before god and the world of the king 's lawful title to this realm , nor a swearing to the plain and common sense of the words ; all which were parts of the former oaths of supremacy and allegiance , and might have raised scruples , if inserted in these , that are now frivolous . i likewise observe , that the nonjurat protestants and the catholicks are not by the same reasons induced to refuse to take these oaths , the one having sworn the former , the latter generally refusing them . on the whole i have made the reflections , which i herewith present to you , my truly dear friend . i will not affirm to you , that i am so fully satisfied in this enquiry , as that i am resolved to take these oaths , when required so to do ; nor will i conceal from you , that my private opinion is , that i may , as a sound catholick , with a safe conscience , without hazard of salvation , both take these new oaths , and subscribe the declaration now framed by parliament . the matters therein contained are entirely within the consideration of the laws of the kingdom , without any relation to the mysteries of faith ; and therefore i believe you a competent and proper iudg herein , and earnestly request you to give me your thoughts hereof . i would not that it should be said of me , incidit in scillam qui vult vitare charibdim . i resolve to be governed by your sentiments of this affair , and ever to acknowledg to the world , that i very much honour you , and am , sir , st may , . your real and affectionate servant . because in reading these reflections there may be occasion for comparing the several oaths , i have here set them down at large . the oaths and declaration in the act of will. mar. . i a. b. do sincerely promise and swear , that i will be faithful , and bear true allegiance to his majesty king william . so help me god , &c. . i a. b. do swear , that i do from my heart abhor , detest and abjure , as impious and heretical , that damnable doctrine and position , that princes excommunicated or deprived by the pope , or any authority of the see of rome , may be deposed or murdered by their subjects , or any other whatsoever . . and i do declare , that no foreign prince , person , prelate , state or potentate , hath , or ought to have , any iurisdiction , power , superiority , prehemmence , or authority , ecclesiastical or spiritual , w●thin this realm . so help me god , &c. the oath of supremacy , framed in the act , eliz. c. . which oath is now abrogated . i a. b. do utterly testify , and declare in my conscience , that the king's majesty is the only supreme governour of this realm , and of all other his highness dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal ; and that no foreign prince , person , prelate , state or potentate , hath , or ought to have , any jurisdiction , power , superiority , preheminence or authority , ecclesiastical or spiritual , within this realm . and therefore i do utterly renounce and forsake all foreign iurisdictions , powers , superiorities and authorities , and do promise , that from henceforth i shall bear faith and true allegiance to the king's highness , his heirs and lawfull successors , and to my power shall assist and defend all iurisdictions , privileges , preheminencies , and authorities , granted or belonging to the king's highness , his heirs and successors , or united and annexed to the imperial crown of this realm . so help me god , and the contents of this book . the oath of allegiance in the stat. iac. . which oath is now abrogated . i a. b. do truly and sincerely acknowledg , profess , testify and declare , in my conscience , before god and the world , that our sovereign lord king james is lawful king of this realm , and of all other his majesty's dominions and conntries ; and that the pope , neither of himself , nor by any authority of the see of rome , or by any other means with any other , hath any power or authority to depose the king , or to dispose of any of his majesty's kingdoms or dominions , or to authorize any foreign prince to invade or annoy him or his countries , or to discharge any of his subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumults , or to offer any violence or hurt to his majesty's royal person , state , or government , or to any of his majesty's subjects within his dominions . also i do swear from my heart , that notwithstanding any declaration or sentence of excommunication or deprivation , made or granted , or to be made or granted , by the pope or his successors , or by any authority derived or pretended to be derived from him or his see , against the said king , his heirs or successors , or any absolution of the said subjects from their obedience , i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise , and will do my best endeavours to disclose and make known to his majesty , his heirs and successors , all treasons and traiterous conspiracies which i shall know or hear of , to be against him , or any of them . and i do further swear , that i do from my heart abhor , detest and abjure , as impious and heretical , this damnable doctrine or position , that princes which be excommunicated or deprived by the pope , may be deposed or murdered by their subjects , or any other whatsoever . and i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledg , by good and full authority , to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledg and sweat , according to these express words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation or mental evasion , or secret reservation whatsoever . and i do make this recognition and acknowledgment , heartily , willingly and truly , upon the true faith of a christian . so help me god. reflections on the oaths & declaration lately appointed in the room of the oaths of supremacy and allegiance . since the supreme power of this nation hath , for the security of its government , enacted , that all persons should either take these oaths , or suffer severe penalties for their refusal : it seems to be an act of charity , no less than of prudence , to consider the reasons for taking or refusing them : i apply my self to catholicks . the first of these oaths is barely promissory to bear faith and true allegiance to the present prince , who , whatever his title be , hath sufficient power to rule , govern and protect us : to him , whilest we live under his government , we are subjects : as it is undeniable that he is king of this realm either de jure or de facto , or both ways , ( which , matters not now to be considered , for no sort of right is here sworn to , as was in the former oaths to our lawful kings ) so it is plain , that we are his subjects de jure or de facto , or both ways . the right of a prince and duty of a subject are correllatives , they live and expire together . thus whilest he is our king , we are his subjects ; whilest we are his subjects we owe him duty and fidelity , and ought not to scruple promising it , when thereto required ; to which we are now more strictly obliged , by the authority of the kingdom commanding it . in all countries , as well catholick as others , fidelity is required from those in subjection , unto those who have the dominion , whether it be gained by conquest , or otherways . in our own , pope gregory declared , that ( notwithstanding the censures of his predecessor pius quintus ) the subjects of england ought to perform all duty to queen elizabeth : and whatsoever might be the catholicks inward judgments concerning her title , yet after the parliament had acknowledged her a lawful queen , all civil obedience was exactly paid to her . this oath of fidelity is generally taken in ireland by the catholicks , pursuant to the articles for surrender of limerick , by approbation of the primate and clergy of that kingdom . the fathers of the society of jesus , of the english province , decree thus , let us all profess , that as much obedience and fidelity ought to be sincerely sworn and exhibited to our king from every one of us , as is wont to be sworn and exhibited to any princes whatsoever from other catholick subjects . here is no distinction made between lawful or unlawful titles of princes , but the relation between any princes whatsoever and their subjects allowed to be a ground for fidelity . the second oath is a part of the oath of allegiance , made in the reign of king james , which oath was freely taken by the chief and others of the catholick clergy here in england , and by them the nobility and gentry were advised and exhorted to do the same , declaring it to be a duty incumbent on them by the law of god. sixty of the doctors of the sorbon subscribed to the said oath , these following words , we underwritten , divines and doctors of the sacred faculty of paris , do judg the oath , as it is on the other side , ( i. e. the oath of allegiance ) may with safety of faith and conscience be taken by english catholicks , &c. but pope paul the fifth sent a breve into england , directed to the english catholicks , wherein , reciting the said oath at large , he declares , that this oath contains many things plainly repugnant to faith and salvation , and admonisheth and requireth them not to take that oath . this breve his holiness seconded by another , and both were confirmed by succeeding popes . the fathers of the society in their provincial congregation afore-mentioned , decree thus concerning that oath , that the oath ( i. e. the oath of allegiance ) as it is now sprinkled with many heterodox clauses , cannot be taken , as being condemned by many breves of popes . these things considered , i 'll suppose , that oath might not be taken by catholicks , because it contained many things contrary to faith , &c. and is sprinkled with many heterodox clauses ; and lastly , because it is condemned by many breves of popes . but then it must be granted to me , that this oath , now to be taken , is not that oath which was required not to be sworn , which was condemned : this oath is but one clause amongst many which compose that oath ; the pope doth not declare that all the things in that oath are repugnant to faith , &c. his prohibition doth not fall on any particular clause , the fathers of the society do not impeach every clause in that oath , nor distinguish those heterodox ones that are sprinkled in it : both pope and fathers allow , that some things and clauses in that oath are not liable to censure : there are many clauses in that oath , whereof those which are condemned , though called many , may be fewest in number . now if this oath be not plainly repugnant to faith and salvation , there is no ground for refusing it , because it is a part of the former oath : and that it is not plainly repugnant to faith , &c. to abhor , detest and abjure that damnable doctrine and position , ( mentioned in this oath ) the word of god , the council of constance , the subscription of the doctors of the sorbon , the decrees of the parliament of paris , and subscription of the fathers of the society to an agreement with the sorbon , are full and sufficient convincing evidences : to all or some of which every one may easily apply himself for satisfaction . the declaration annexed to these oaths is not to be sworn to , but only to be made , repeated , and subscribed to , as a matter which the declarer believes to be true , according to a rational judgment and moral certainty thereof , which yet may be consistent with an absolute possibility of the thing being otherwise : it is an assertion of the truth of a thing , as it is in his conscience or rational judgment , not as it is in it self ; and this moral certainty may secure the declarer from a lie , and justify him before god and man. the reflections i make being with reference to the catholicks in england , i will consider the duty and lawfulness of their making , or refusing to make this declaration distinctly from others . . and to shorten my work i will here suppose , that by foreign prince , person , prelate , &c. is meant the pope and his successors . . that the pope hath , and ought to have , some jurisdiction , or power , or superiority , or preheminence , or authority , in this realm . . that the popes formerly had , and had a right to , some jurisdictions , &c. within this realm , which now are not enjoyed by them . . that the jurisdictions , &c. which popes formerly had , and now have not , they ought not to have in this realm . to explain my self in my second supposition , catholicks unanimously grant , that christ gave a power purely spiritual to his apostles , throughout the whole world , and in them to their successors , to preach , to feed his sheep , to bind and loose , &c. this power being derived to the pope , as successor to st. peter , his holiness hath a right to throughout the whole world , for thus large is the commission from christ . and this power being given by god , cannot be taken away by men , nor be denied by christians , either in this realm , or any other part of the world , without breach of faith. the spiritual power could not be exercised by kings or princes , it did never belong to them , or to their crowns , nor indeed was ever claimed or pretended to in this realm : therefore i will here only conclude , that it is not probable that this declaration intends to deny the pope's power purely spiritual in this kingdom . i shall endeavour to make this more plain hereafter . my third supposition grants , that popes had a right to , and enjoyed jurisdictions , powers , &c. these were in courts and matters called ecclesiastical or spiritual , as cases of marriage , tythes , wills , &c. these jurisdictions , &c. were merely external , political or civil , and came not to the pope jure divino . our saviour declared , that his kingdom is not of this world , and therefore gave no jurisdiction , power , &c. besides that which is purely spiritual , to his apostles , or their successors . the crown of england is , and of long time hath been , an imperial crown , depending only on god , by whom princes reign . from the crown divers privileges have been at divers times , either by the piety or inadvertencies of princes , granted to popes ( in the language of those days called the church ; ) at other times usurpations have been made , when the princes were weak or unfortunate : these privileges being long used , and their origine either forgotten or concealed , have been commonly look'd on , and claimed , as the proper and inherent right of those to whom they were granted , or came . this right being charily preserved by them , and freely confess'd by others to be a good title , accompanied with a long and quiet possession , and called ecclesiastical or spiritual , came to be thought at last to be a right given them by god , whereas in truth it proceeded from men ; and as all humane things are subject to change , may , by the same power from whence it was derived , be taken away . and thus hath it fared with the pope's power in temporals , which he had and exercised in this kingdom ; sometimes they have been disputed , other times taken from him and restored to the crown , then again restored to his holiness , and about years since were again taken from him and restored to the crown , and so continue at this day , which is a matter so evident to every english-man , that no one of them can find reason to believe , that the pope , at this time , hath any jurisdiction , power , &c. ( besides that which is purely spiritual ) in this realm . the fourth supposition intends , that since those ecclesiastical or spiritual jurisdictions , powers , &c. which the pope enjoyed and exercised in this realm , and which were not purely spiritual , nor derived to him from the apostles , but came to him by the grants of princes , consent of people , or by some other mere humane means , as touching appeals , annats , first-fruits , electing of bishops , dispensations in humane laws , to the prejudice of the crown , and impoverishing of the subjects , giving licences in abundance of humane cases or things , putting bishops into their bishopricks , and priests into their parishes : since i say these powers , &c. came to the popes by times , or by concordates between princes on the one side , and popes on the other , which could not be divine or supernatural powers , that is , powers derived to him , or conferred on him jure divino , are abolished as to his holiness , and restored to the crown , by several acts of parliament , as antiently belonging thereto , it is as plain that the pope ought not to have those jurisdictions , powers , &c. of which he is thus legally divested , as it is apparent that at this time he neither hath nor exerciseth them . now to enlarge somewhat on the substance of the two last suppositions , i will instance in some few remarks , what interruptions the popes have met with in the exercise of their ecclesiastical or spiritual powers , &c. in matters merely temporal in this realm . king henry the first gave the bishoprick of winchester to william gifford , and forthwith invested him into all the possessions thereto belonging , though contrary to a canon . the same king also gave the archbishoprick of canterbury to radolph bishop of london , and gave him investiture by a ring and a crosiers staff. in the same king's reign thurstan , elect archbishop of york , got leave of the king to go to a council held under pope calixtus at rhemes , giving his faith to the king that he would not receive consecration of the pope , but notwithstanding he obtained to be consecrate at the pope's hand , which , as soon as the king heard , he forbad him to come within his dominions . king edward the first prohibited the abbot of waltham , and dean of paul's , to collect a tenth of every man's goods , for a supply to the holy land , which the pope by three bulls had committed to their charge . the same king impleaded the dean of the chappel of wulverhampton , because the said dean had , against the privileges of the kingdom , given a prebend of the same chappel to one at the pope's command . king richard the second , by act of parliament , prohibited that any should procure a benefice from rome , under pain to be put out of the king's protection . thus several catholick princes , in catholick times , disputed the pope's jurisdictions , powers , &c. in several ecclesiastical or spiritual matters . king henry the eighth ( no less a catholick , and likewise in a catholick time ) by several acts of parliament , consisting of lords spiritual and temporal , and commons , all catholicks , deprived the pope of several jurisdictions , powers , &c. which were supposed to be usurped from the crown , and the exercise whereof were much to its detriment . again , queen elizabeth revives all those statutes made by her father , restores all antient jurisdictions to the crown , and abolisheth all foreign powers repugnant to the antient jurisdiction of the crown : and thus they continue to this day . from what i have collected here it may appear , that no purely spiritual power hath been by the laws of this kingdom taken from the pope ; that whatever power hath been taken from the pope , hath been restored to the crown , as its antient jurisdiction , and no other : but since the words of the declaration deny any jurisdiction , &c. to be enjoyed by , or rightfully to belong to any foreign prelate , &c. i shall consider the meaning of those words , wherein , if i can hit on the sense which this declaration by the intent of the imposers of it bears , let that determine the lawfulness or unlawfulness of making it , for no more is required of us . this declaration is verbatim a clause in the oath of supremacy , formed in an act past in the reign of queen elizabeth ; and in another act made in the fifth year of her reign , it is enacted , that the oath made in the first year of her reign , shall be taken and expounded in such form as is set forth in an admonition annexed to the queen's majesties injunctions , published in the first year of her majesty's reign , that is to say , to confess and acknowledg in her majesty , her heirs and successors , no other authority than that was challenged and lately used by the noble king henry the eighth , and king edward the sixth , as in the admonition may more plainly appear . in that admonition the queen saith as followeth : for certainly her majesty neither doth , nor ever will challenge any other authority than that which was challenged , and lately used by the noble king of famous memory , henry the eighth , and king edward the sixth , which is , and was of antient time due to the imperial crown of this realm , that is , under god to have the soveraignty and rule over all manner of persons born within these realms , dominions , and countries , of what estate ( either ecclesiastical or temporal ) soever they be , so as no other foreign power shall or ought to have any superiority over them . now to shew that king henry the eighth neither claimed nor pretended to any power purely spiritual , let us see a proviso made in an act past in his reign , provided always that this act , nor any thing therein contained , shall be hereafter interpreted or expounded , that your grace , your nobles , and subjects , intend , by the same , to decline or vary from the congregation of christ's church , in any things concerning the very articles of the catholick faith of christendom , or in any other things declared by holy scripture , and the word of god , necessary for your and their salvation . the statute containing this proviso is revived and confirmed by the statute of eliz. cap. . and it is undeniable , that all christendom , at that time , did own the pope's spiritual power , which was derived from the apostles . further , to shew , that the queen who made this oath , intended it only for to distinguish those who denied the pope's power in temporals , from others who would not , and that therefore she doubted of their loyalty . in the act made aforesaid is enacted , that forasmuch as the queen's majesty is otherways sufficiently assured of the faith and loyalty of the temporal lords of her highness's court of parliament ; therefore this act , nor any thing therein contained , shall not extend to compel any temporal person , of or above the degree of a baron of this realm , to take or pronounce the oath abovesaid . it was notoriously known , that the lords and commons in that parliament , wherein the oath of supremacy was appointed , were mostly roman catholicks , which includes their holding and professing the pope's pastoral power . it was treason and premunire to hold or profess what by the oath was denied to the pope ; but it was neither for a lord or other person to profess himself a roman catholick , there was no disloyalty in that . thus then , i conclude , that the pope's purely ecclesiastical or spiritual power is not denied in that oath , and that this is the sense , in which this declaration is to be made , as being a part of that oath . and this i am the more inclined to believe , because in these oaths there are no doubtful expressions of swearing the jurisdictions , powers , &c. to belong to any other person ; those which are here only declared , are , that no foreign prince , &c. hath or ought to have . nor is it to be past by without notice , that the powers taken from his holiness by king henry the eighth , were never meant to be other than those that were temporal , for queen mary , by act of parliament , restores to the pope such authority , preheminence and jurisdiction , as his holiness used and exercised , or might lawfully have used and exercised , by authority of his supremacy , &c. without diminution or enlargement of the same , and no other . which demonstrates , that the jurisdictions , powers , &c. which king henry the eighth deprived the pope of , were only such as an act of parliament could restore him to , which cannot be meant of that purely spiritual power given by christ . to sum up this discourse : the pope had a purely spiritual power committed by christ to him , as successor to st. peter , to be exercised throughout the whole world , that is , to teach , to bind , and loose , &c. this power , we say , no temporal prince ever had , or claimed , or could deprive him of . the pope likewise had in this kingdom ecclesiastical or spiritual power in courts and causes , or matters , called ecclesiastical or spiritual , as in divorces , tythes , oblations , obventions , &c. this power was external , political , civil , and meerly temporal , granted by or gained from the princes of these realms , which being found to be exercised to the great detriment of the crown , and adjudged to be so by the estates of the realm , hath been by several statutes divested from the pope , and restored to the crown above years past , and so still it continues . the truth of this is assured to us by acts of parliament , and other credible histories , so manifestly , that there is no room for scruple in affirming , that ( rebus sic stantibus ) no foreign prelate , &c. hath or ought to have any jurisdiction , &c. in this realm , which is not derived from christ , and which the laws of this kingdom have deprived him of . here is authority commanding us to take lawful oaths , and to declare what we may reasonably judg and be morally certain to be true , no competent authority admonishing or requiring the contrary : here are the opinions of great and learned divines for the lawfulness and duty of taking these oaths : here are the highest of evidences for the truth of that matter which we are to declare our belief of ; the catholicks in england ( generally ) never took the former oaths of supremacy and allegiance , and therefore on account of some branches in those , they are not obliged to refuse the first of these oaths : these oaths neither are in themselves , nor are intended to be distinctive signs between catholicks and protestants , for the acts lately made for amoving papists and reputed papists , &c. and for disarming papists and reputed papists , appoint the declaration , made in the reign of the late king charles , to be for the trial and discovery of them , and that declaration is not scrupled at by protestants , who yet ( some of them ) refuse the first of these oaths : and had the declaration which is annexed to these oaths been a denial of the pope's pastoral power in this realm , there needed no other test for discovery of papists , since no catholick would disown that spiritual power to be in his holiness . these things considered , i must own , that i know no reason for the roman catholicks in england to provoke the government , to fall under the reputation of being entirely in the french interest , and to undergo severe penalties for refusing these oaths . finis . notes, typically marginal, from the original text notes for div a -e protection infers publick obedience . in the provincial congregation at ghent , july , . jac. . cap. . this declaration is assertory of something past ; it is an act of faith , depending on the probable evidence of what is past . king james in his premonition , p. . let the pope be primus episcopus inter omnes episcopos , and princeps episcoporum as peter was princeps apostolorum . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . eliz. cap. . eliz. cap. . , p. m. c. . in france the clergy published this proposition , that the pope had no power in civil or temporal affairs , and that kings are subject to no ecclesiastical powers . eliz. cap. . eliz. cap. . eliz. cap. ● entituled , an act to restore to the crown the antient jurisdiction over the estate ecclesiastical and spiritual , and abolishing all foreign powers repugnant to the same . eliz. cap. . admonition to simple men deceived by malicious . if any person shall accept the same oath with this interpretation , sense or meaning , her majesty is well pleased to accept every such in that behalf as her good and obedient subjects , &c. h. . c. . eliz. cap. . ● p. m. c. . carol. . johnson . a treatise of oaths containing several weighty reasons why the people call'd qvakers refuse to swear : and those confirmed by numerous testimonies out of gentiles, jews and christians, both fathers, doctors and martyrs : presented to the king and great council of england, assembled in parliament. penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a treatise of oaths containing several weighty reasons why the people call'd qvakers refuse to swear : and those confirmed by numerous testimonies out of gentiles, jews and christians, both fathers, doctors and martyrs : presented to the king and great council of england, assembled in parliament. penn, william, - . richardson, richard, ?- . parker, alexander, - . whitehead, george, ?- . [ ], , [ ], - p. s.n.], [london? : . signed: "this perform'd in the name and for the service of the people call'd quakers. william penn, richard richardson." prefixed to the "treatise" is an address "to the king and great council of england, assembled in parliament", subscribed by alexander parker, george whitehead and several others, the signatures ending with the names of richardson and penn. place of imprint suggested by wing. errors in paging. item at reel : identified as wing p (number cancelled). reproduction of originals in duke university library and harvard university library. includes bibliographical references and index. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a 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characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- doctrines. oaths. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise of oaths , containing several weighty reasons why the people call'd qvakers refuse to swear : and those confirmed by numerous testimonies out of gentiles , jews and christians , both fathers , doctors and martyrs . presented to the king and great council of england , assembled in parliament . mat. . . but i say unto you , swear not at all . jam. . . above all things , my brethren , swear not . jer. . . because of oaths the land mourneth . theognis , he ought to swear neither this thing nor any thing . maimonides , it is a great good for a man not to swear at all . chrysostom , it is not lawful to swear , neither in a just nor unjust cause . printed anno . to the king and great council of england , assembled in parliament . the case of the people call'd quakers relating to oaths further represented ; and recommended to their consideration , in order to a speedy and effectual redress . the common benefit of the free people of england being undoubtedly both the first and greatest reason for the ancient , just & necessary constitution of parliaments ; and being also inform'd that it is your resolution , to employ this session to the redress of publick grievances : and since we cannot but repute our selves a member of this great body you represent , by birth and english descent ; and are not only involved in the common calamities of the kingdom , but in particular very cruelly treated in our persons and estates , because we cannot for pure conscience take any oath at all ( though we have again and again tender'd our solemn yea or nay ; and are most willing to sustain the same penalty in case of lying , that is usually inflicted for perjury ) to the end we may not be interpreted to decline the custom out of meer humour or evasion ( though our frequent & heavy sufferings by fines and tedious imprisonments , sometimes to death it self , should sufficiently vindicate us against any such incharitable censure ) we do , with all due respect , present you with our reasons for that tenderness , and many testimonies and pr●sidents in their defence ; and we entreat you , to express that care of a member of your own civil body , which nature and christianity excite to ; we mean , that it would please you to consider how deeply we have already suffered , in person and estate , the inconveniencies we have daily to encounter , and those injurious not only to our selves , but others we commerce with , in that both they and we , because of our tenderness in this matter , are constantly at the mercy of such as will swear any thing to advantage themselves , where they are sure that a contrary evidence shall be by law esteem'd ( however true ) invalid ; under which difficulty several of us at this hour fruitlesly labour : that being sensible of our calamity , you may please to endeavour , as for others , so for this grievance , both a speedy and effectual redress ; otherwise , besides ordinary cases , wherein many of us extraordinarily suffer , we may perhaps prove in this of oaths the greatest , if not the only sufferers of the kingdom ; a cruelty , we hope , you do not design against us . god almighty , we beseech him with all sincerity of heart , incline you to justice , mercy and truth , amen . london , the th of the d moneth , . subscribed on the behalf of the rest of our friends by , alexander parker , george whitehead , stephen crisp , william mead , gerrard roberts , william welsh , samuel newton , thomas heart , john osgood , james claypool , thomas rudyard , richard richardson , & william penn. a catalogue of the authors , testimonies and presidents cited in favour of this treatise . aeschylus , p. . albertus magnus , p. , . albingenses , p. , . w.c. albrid . p. . alexander de ales , p. . alexander ab alexandro , p. . alexid , p. . alphonsus de avendano , p. . ambrosius , p. , , . ambrosius ansbertus , p. . anabaptists , p. , . antiochus palest . p. . anthelmus cantuar ▪ p. . tho. aquinas , p. , . aristophanes , p. . aristoteles , p. . athanasius , p. , . augustinus , p. , , , . m. aurelius antoninus , p. . ausonius , p. . b bagool , pag. . baptista folengius , p. . baro●ius , p. , . basil . magnus , p. , , . basilides , p. . j. bechet , p. . beda , p. , . counc . berghamsted , p. . bernard , p. , , , . beza , p. , . bible folio , printed . p. . bible to . printed . . biblioth vet . patr . p. . blandina , p. , . blastaris , p. , . brugensis , p. , . otho brunfelfius , p. . beat bruno , p. . wal. brute , p. . j. burrel , p. . c cajetan , p. , . caesarius , p. . joac . camerar ▪ p. . gui. carmelite , p. . cassiodorus , p. , . castro , p. , . caten . . graec. patr. p. . cathari , p. . hug. cardinal . p. . pet. charron , p. geff. chaucer , p. . cheril , p. . chromatius , , . chrysostom , p. , , , . , , , , . cicero , p. , . clemens alexandr . p. , , . clemens roman . p. , , . j. clements , p. . clineas , p. , . qu. curtius , p. . cyprian , p. . cyril , p. . d j. damascen . pag. . diodorus siculus , p. . diogenes laert. p. . druthmarus , p. , . e archiep. ebur . egbert , p. . j. edward , p. . epictetus , p. . epiphanius , p. , . erasmus , p. . esseni , p. . eusebius , p. , , . evagrius scholast . p. , . f jacob faber , p. . festus ad lapidem , p. . j. fox martyrol . pag. , , . , , . g bp. gauden , p. , , , . gentian hervet . p. . gennadius , p. gloss . ordin . p. , . hug. grotius , p. , , , . h j.m. hadingtonian . p. . haimo , p. . hercules , p. . hesiod , p. . r. herbert , p. . hierocles , p. . hilary , p. , hilary syracus . p. . huetius , p. . humiliati , p. . j. huss , p. . i james on the fathers , pag. . jansenius , p. , . jerom , p. , , , , , . jews antiquities , p. . josephus , p. , . justin martyr , p. . irenaeus , p. . isidorus pelusiot . p. . isodor . hispalens . p. . isocrates , p. . k hist . ref . kirk scotland , p. . l lactantius , p. . laertius hermip . p. . libanius , p. . lindenbrogius , p. . lodovicus pius , p. . lollards , pag. . lotharius , p. . ludulphus , p. , , luitprandus , p. . n. lyra , p. , . lysander , p. . m maimonides , pag. . menander , p. . maldonat , p. . . manichees , p. . marlorat , p. . fra. de mendoca , p. . archiep. mentz . p. . s. morland , p. . n grave of nassou , p. , . g. nazianzen , pag. . , nicodemus's gospel , p. nilus , p. . g. nyssen●s , p. . . o oecumenius , pag. . olympiodorus , p. . prince of orange , p. . origen , p. , , , . orthodoxographa . p. . p paschatius ratbertus , p. . patrini , pag. . pelagians , p. , persians , p. . philo judaeus , p. , , , . plato , p. . plinius , p. . plowman's complaint , p. . plutarch , p. , , . polybius , p. , . polycarpus , p. , . ponticus , p. , . potamicna , p. . jer. of prague , p. . prateolus , p. . le pricur , p. . protestants of piedmont , p. . publicani , p. . j. purrey , p. . pythagoras , p. , . q quintilian , p. r rabanus , p. , . raimundus , pag. . reiner . p. . remigius , p. . rhadamanthus , p. . rigaltius , p. . ruffinus , p. . rupertus , p. . s mich. sadler , pag. . ger. sagarel , p. . grae. sages , p. . rob. sanderson , p. , , . w. sawtree , p. . scapula , p. . scultetus , p. , . scythians , p. . simocat . p. . smaragdus , p. sociad . p. . socrat. schol. pag. , , , . solon , p. . lod. soto major , p. . h. spelman , p. . spotswood , p. . stobaeus , p. , . swarez , p. , , , . w. swinderby , p. . jer. taylor , pag. . tertullian , p. , , . gr. thaumaturgus , p. . theodoret , p. . . theognis , p. . theophylact , p. , , . w. thorp , p. , . titelmannus , p. . treatise of peace , p. . archiep. triers , p. . v valerius max. p. , . villerius , p. . vossius , p. . j. usher , p. , , , . w walden , p. . waldenses , p. , . bp. walton , p. . w. white , p. . j. wickliff , p. . wickliffists , p. . widsord , p. em. willy , p. . x xenocrates , p. , . xenophon , p. . y eliz. young , p. . z euthymius zagabonus , p. . some inducements offer'd to answer this reqvest , from a consideration of the cause and end of an oath , and those reasons and testimonies , given by us against the use and imposition of it . the ground or reason of swearing . this ( we think ) all will agree to have been the degeneration of man from primitive integrity , at what time yea and nay were enough ; for when men grew corrupt , they distrusted each other , and had recourse to extraordinary wayes to awe one another into truth's-speaking , as a remedy against falseness ; else , what need had there been of an oath , or any extraordinary way of evidence , when every syllable was freighted with truth and integrity ? it had been a meer taking of god's holy name in vain : truth then flowed naturally , and wanted no such expedient to extort its evidence . thus , * polybius , though an heathen , in his story of the romans , saith , among the ancients oaths were seldom used in judicatures themselves ; but when perfidiousness increased , oaths increased , or then the use of them first came in . basilius magnus saith , oaths are an effect of sin. gregorius nazianzonus in his dialogue against swearing , saith , an oath is nothing else but a certain consumation of mischiefs . ambrosius saith , swearing is only in condescension to a defect . chrysostom saith , an oath came in when evils increased , when men appeared unfaithful , when all things became topsy turvy . again , to swear is of the devil , seeing christ saith , what is more ( then yea , &c. ) is of evil. swearing took its beginning for want of truth or punctuality . augustin saith , an oath is not among good , but evil things , and used for the infirmity of others which is evil , from which we pray that we may be daily delivered . chromatius saith , what need we swear , seeing it is unlawful to lye. which shows that lying was the occasion of oaths , and by leaving off lying , oaths vanquish as unprofitable . titelmannus saith , that an oath belongs not to virtue . albertus magnus saith , swearing is by indulgence . ludulphus saith , an oath was permitted of infirmity . burgensis cites jerome saying , our saviour teacheth that an oath sprung from the vices of men. bp. gauden also tells us , that the evils of mens hearts and manners , the jealousies and distrusts , the dissimulations and frauds of many christians , their vncharitableness and insecurities are such , as by their diseases do make solemn oaths and judicial swearing necessary , not absolutely ▪ morally or preceptively ; but as a remedy or expedient . jerom ( with many of the fathers , chrysostom , theodoret , and others here omitted , because largly cited hereafter ) make this the reason why god indulged the jews in the use of swearing , that they were but in the state of infancy , and that they might be kept from swearing by false gods ; which the scripture is plain in : for thou shalt fear the lord thy god , and swear by his name ; ye shall not go after other gods , for god is a jealous god , &c. which shews , that he dispensed with swearing by his name , that he might take them off from swearing by false god's , because they would thereby acknowledge them , and not the true god ; so that swearing is only better then idolatry . it will remain that we give our reasons why we cannot take this liberty , and swear , as well as other men have done , and yet do . i. the first is drawn from the cause and ground of oaths , viz. perfidiousness , distrust and falshood : god's injunctions to avoid those hateful crimes ; the ability he hath given man to answer his commands ; and man's duty to make that use of god's gift : for if swearing came in by perfidiousness , distrust , dissimulation and falshood , it is a most just consequence that it ought to go out with them ; or that as the rise and increasing of those evils were the rise and increasing of oaths ; so the decreasing and extirpation of those evils should be the decreasing and abolishing of oaths ; otherwise there would be no truth in the rule of contraries , nor reason in that ancient maxim , cessante ratione legis cessat lex ; that the ceasing of the reason of the law is the cessation of the law : expedients are no longer useful then to obtain what they are designed to . means are swallowed up of their ends ; diseased men only want remedies , and lame men crutches ; honesty needs neither whip nor spur , she is security for her self ; and men of virtue will speak truth without extortings ; for oaths are a sort of racks to the mind , altogether useless where integrity swayes . this we presume no man of reason will deny , viz. that swearing came in , and ought to go out with perfidiousness ; and we hope it will be as easie to grant , at least it will be very easie to prove , that god hath frequently , both by prophets and apostles , reproved men for such impieties , and strictly required truth and righteousness ; as , isa . , , . jer. . , . rom. . . gal. . , , . col. , , . josh . . . sam. . . king. . . eph. . . and by abundance of other places in holy scripture . and that god should enjoyn man any thing that he hath not impowered him to perform , is unworthy of any man acknowledging a god , so much as to conceive . it is true , that the unprofitable servant in the parable is represented to entertain so blasphemous a thought of his maker , that he was so hard a master , as to reap where he did not sow ; but the same parable also acquaints us of the dreadful consequence of that presumption : the prophet micha preached another doctrine , the lord hath shewed thee , o man , what is good : and what doth the lord require of thee , but to do justly , to love mercy , and to walk humbly with thy god ? for this end hath the grace of god appeared unto all men , as speaks the apostle paul to titus , that they should be taught to deny vngodliness and wor●dly lusts , which entering & over-running the world , made way among other expedients for that of oaths ; so that to live that life which needs no oath , man is both requir'd and impower'd : and as it is only his fault and condemnation , if he doth not ; so certainly there can be no obligation upon him who liveth that life of truth and intetegrity to perpetuate that which rose , and therefore ought to fall with falshood and perfidiousness : the reason of the thing it self excuses him ; for , he that fears untruth , needs not swear , because he will not lye , to prevent which men exact swearing : and he that doth not fear telling untruth , what is his oath worth ? he that makes no conscience of that law that forbids lying , will he make any conscience of forswearing ? veracity is the best security ; and truth speaking the noblest tye and firmest testimony that can be given . this we declare to you to be both our judgment and attainment ; we speak not boastingly , but with humility before the great lord of heaven and earth , to whose alone power we do unanimously asscribe the honour : he hath taught us to speak the truth , the whole truth , and nothing but the truth , as plainly and readily without an oath as with an oath , and to abhor lying as much as perjury ; so that for us to swear , were to take his holy name in vain : nor are we therein singular ; for that not only christian fathers , mar - and doctors , but also jews and heathens have had this sense of the rise and use of oaths , as will hereafter fully appear . ii. our second reason , why we refuse to comply with this custom , and our superiours ought not to impose it , is this , it would gratifie distrusts , humor jealousies , and subject truth , and those that love it , to the same checks , curbs and preventions that have been invented against fraud ; whereby the honour of a nobler profession , the power of a veracious example , and the just difference that ought to be made betwixt trustiness and diffidence , integrity and perfidiousness , are utterly lost ▪ how is is possible for men to recover that ancient confidence that good men reposed in one another , if some don't lead the way , and hold forth to the world a principle and conversation beyond the necessity of such extraordinary expedients ? at present people lie all in a heap ; and the greatest truth finds no more favour then the greatest fraud ; fidelity must wear the shackles worldly prudence hath made against the evil consequences of couzennage , and subject her self to the customs brought up through fraud , or go to gaol . be pleased to consider , that trustiness did not all at once quit the world , nor will it return universally in the twinkle of an eye ; things must be allowed their time for rise , progress and perfection : and if ever you would see the world planted with primitive simplicity and faithfulness , rather cherish then make men sufferers for refusing to swear , especially if they offer the same caution to the law with him that will swear . we dare not swear because we dare not lye , and that it may appear to the world , that we can speak the truth upon easier terms then an oath : for us then to be forc'd to swear , is to make us do a needless thing , or to suspect our own honesty . the first we dare not , because , as we have said , it is to take god's name in vain ; and we have no reason to distrust our selves , being no wayes conscious of fraudulent purposes : why then should we swear ? but much rather , why should we be imposed upon ? it is a saying asscribed to solon , that a good man should have that repute as not to need an oath ; that it is a diminution to his credit to be put to swear . it becomes not an evangelical man to swear , was a primitive axiom ; but more of that anon : in the mean while please to remember , you have a practice among you , to exempt your lords in several cases , placing the value of an oath in their bare avouchment upon their honour , supposing that men of those titles should have so much worth , as that their word might be of equal force with a common man's oath : and if you will please to understand honour in the sense of the most ancient and best of philosophers , to wit , virtve , your own custom gives authority to our reason , & makes you to say with us , that virtue needs not swear , much less have oaths imposed upon her , to tell truth , the only use of oaths . it was evangelically spoaken of clemens alexandrinus , that a good life is a firm oath ; which was memorably verified by the judges of athens , who , though heathens , forbad the tendering of xenocrates an oath , because of their great opinion of his integrity , which was three hundred years before christ came in the flesh . iii. our third reason for non conformity to your custom is , the fear we have , lest by complying we should be guilty of rebellion against the discoveries god hath made to our souls of his ancient holy way of truth ; & consequently of concealing his goodness to us , and depriving him of that glory & the world of that advantage this honest testimony may bring to him & them . he has redeem'd us from fraud ; 't is he only that hath begotten this conscientiousness in us ; and we dare not put this light under a bushel , neither can we deny his work , or him to have the honour of it . we intreat you , take this tenderness of ours into christian consideration . iv. oaths have in great measure lost of the reason of their primitive institution , since they have not that awful influence which was and only can be a pretence for using them ; on the contrary , they are become the familiar parts of discourse , and help to make up a great share of the a la mode conversation : and those who decline their company , or reprove their practice , are to go for a sort of nice and squ●amish conscienc'd men. these swear without fear or wit , yet would be thought witty in swearing , fearless they can't : some are curious in their impiety ; old oaths are too dull for men of their invention , who almost shift oaths with their fashions : nay , the most judicial oaths are commonly administred and taken with so little reverence and devotion ( to say nothing of the perjuries , that through ignorance or design , are too frequently committed ) that we can't but cry out , oh the great depravity that is in the world ! how low is man faln from the primitive rule of life ? well may the prophet's complaint be ours , for , if ever land mourned because of oaths , with great sadness we say it , this doth . and what more effectual remedy can any people propose against the notorious abuse and evil consequence of swearing , then truth-speaking ? for those that dare not lye , need not swear ; and they that make no conscience of lying , do not much fear an oath , at least their consciences are very crazy in taking it . this only reason , were we destitute of all other allegations , would be a strong disswasive from swearing ; for we hold god's honour , and our profession greatly concern'd to prove to so false an age , that there is a people who are so far from vain and false swearing , that they dare not swear the truth ; but whose yea and nay shall weigh against other mens oaths , and that with a free offer of sustaining double punishment in case of miscarriage . expedients may last a while , but trvth only shall have the honour of conquering falshood , and virtue will and must be greater then an oath . v. the omnipresency of god rightly understood , shows the uselesness of an oath , and is with us a good argument against swearing ; for what need is there of that man's being aw'd into true evidence by such sort of attestations and imprecations as make up the common form of oaths , who knows god to be always present to reside and preside in his soul , according to that new and everlasting covenant which he hath made , that his people should be his temple , that he would dwell in them , and walk in them . did the children of men know the power , glory and majesty of god , whom the apostle preacht nigh to the athenians , and declared to the ephesians to be father of all , above all , through all and in them all , there would be no oaths , and but few words , and those utter'd with reverence and truth . vi. we do not find that oaths answer this part of the end for which they are imposed , viz. to convince those for whose sakes they are taken , of the weight and truth of a man's testimony by force of god's witness joyn'd therewith : for they don't behold god's concurring witness by such an assistance or avenge of that party , as the truth or falshood of his testimony deserveth ; for the judgments of god are secret , and rarely so publickly seen to men , perhaps once in an age , that he should give any memorable discovery of his good will or displeasure in such a case ; but whenever he doth it , it is not at man's appointment : and it is an evident sign that god approveth not of that sort of invocation , because he doth not answer them that invoke him , according to their wish ; as neither did he in the old law or custom of combating appear on his side that had the better title or cause , as he promised in the law of jealousie , that their thigh should rot , and their belly swell , &c. vii . we look upon it to be no less then a presumtuous tempting of god , to summon him as a witness , not only to our terrene , but trivial businesses ; such as we should doubtless account it an high indignity alwaies to solicit an earthly prince to give his attendence about . what! make god , the great god of heaven and earth our caution in worldly controversies , as if we would bind him to obtain our own ends ? it is to make too bold with him , and to carry an undue distance in our minds towards him that made us ; an irreverence we can by no means away with , and upon which chrysostom is most sharp , as will be seen anon . besides it is vain and insolent to think that a man when he pleaseth , can make the great god of heaven a witness or a judge in any matter to appear by some signal approbation or judgment , to help or forsake him , as the truth or falseness of his oath requires , when he saith , so help me god. viii . besides what we have hitherto urged in defence of our selves against the substance of the oath , we justly except against the form of it ( which further adds to its unlawfulness , and consequently to our vindication ) as by the contents and kissing of the book ; swearing by a sign , being heathenish or jewish . for the romans held a stone , and said , if i deceive wittingly then let diespiter cast me out of my goods , as i this stone : the heroes swore by lifting up of the scepter : caesar swore by his head , his house , that is , consecrated them to the wrath of god , if he wittingly deceived , &c. the manner of the jews is from gen. . . that abraham lift up his hand to god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , if , &c. putting the hand under the thigh , on the head ; passing betwixt beasts divided , as god did to abraham , &c. see more in lapid . sophoc . in antiq. v. . scoliast . baptist . hansen of passing through fire , swearing by the right hand , &c. the use of so help me god , we find from the law of the almans , of king clotharius : the laying on of three fingers above the book is to signifie the trinity ; the thumb and the little finger under the book , are to signifie the damnation of body and soul , if they forswear , so help me god. further be pleased to consider that the english custom has very much overgone english law in this business of oaths ; they were anciently but solemn attestations , as the lord liveth , &c. which are now improv'd to imprecations , so help me god and the contents of this book : though it was ●o of old at combat ; but that concerns not our case . for the kissing of the book , that is also novil : indeed after they rise from solemn attestations to imprecations , the law required a sight and touch of the book ; the saxon jurors were sacratenentes ; in the first norman times it was sacris tactis ; and in later writs , evangeliis tactis ; nay , the priest's hand was on his breast ( in matthew paris ) not upon the book . however jew and gentile , superstition and ceremony , have made up the present form of oaths , which the true christian-man neither wants , nor we conceive , ought to perform ; much less impose where tenderness by sober consciences is pleaded , and equal caution offer'd to the law for the integrity of yea and nay . ix . but were we also destitute of this plea , and the usual oaths of our country the most inoffensively form'd , and best penn'd that ever any were , we have both the example and precept of our lord and saviour , jesus christ , to oppose to any such practice ; for in all that history delivered to us by the four evangelists , we never read him to have used any further asseveration then what in english amounts to verely , verely , or truly , truly , i say unto you : thus by his example exciting us the more readily to obey his express prohibition of swearing , mat. . , , , , . which runs thus , again , ye have heard that it has been said by them of old time , thou shalt not forswear thy self , but shalt perform unto the lord thine oathes ; but i say unto you , swear not at all ; neither by heaven , for it is god's throne ; nor by the earth , for it is his footstool ; neither by jerusalem , for it is the city of the great king ; neither shalt thou swear by thy head , because thou ca●st not make one hair white or black ; but let your word be yea , yea ; nay , nay ; for whatsoever is more then these cometh of evil . he here prohibits even the lesser oaths , as they thought them that reverenced swearing by the name of the lord , which in old time he suffer'd by reason of the falseness of their hearts , and great pronness to idols ; even as moses permitted them to put away their wives , which in the precedent verse also is disallowed by christ , though with the exception of fornication ; but swearing without any exception : he doth not say , swear not except before a magistrate ( though he says , put not away thy wife , except for the cause of fornication ) but swear not at all : why ? because it is of evil ; which reason reaches the oaths taken before magistrates , as well as other oaths ; for distrust & unfaithfulness are the cause of one as well as the other : and there is equal reason in that respect , that a master should swear in private to his servant at his entrance , that he will pay him his wages , as that the servant should swear in publick to a magistrate , that at his departure his master would not pay him his wages ; both which oaths the certainty of their words , their yea being yea , and their nay being nay , makes vain and superfluous . obj. we are not unsensible of the common objection that is made against this allegation of our master's command , that he only prohibited vain oaths in communication : but if the words of the text and context be consider'd , every oath will be proved vain and vnlawful ; for christ's prohibition was not a meer repetition of what was forbidden under the law , but what the law allowed , as bp. sanderson well observeth ; it was not needful that christ should forbid what was forbidden in it self , or was alwayes vnlawful , which vain swearing was and is by the third commandment , thou shalt not take the name of the lord thy god in vain ; therefore christ exceded the prohibition of the law : and the whole chapter is a demonstration of a more excellent righteousness then that which either needed or used oaths ; for christ brings adultery from the act to the thought ; in lieu of revenge he commands suffering , and extends charity not only to friends , but enemies ; so in the place controverted , in the room of such oaths & vows as ought to be perform'd unto the lord , he introduces yea and nay , with a most absolute swear not at all. this was the advance he made in his excellent sermon upon the mount ; he wound up things to an higher pitch of sanctity then under the law , or the childish state of the jews could receive . again , saith he , ye have heard of old time , thou shalt not forswear thy self , but shalt perform unto the lord thine oaths ; but i say unto you , swear not at all ; as plain , general and emphatical a prohibition as can be found in holy scripture . however , those persons that usually advocate for the continuance of oaths under the gospel , tell us , it is not a general prohibition , but is limited to swearing by creatures , either by heaven , earth , jerusalem or head , &c. vvhich is wholy inconsistent with the scope of the place , as we shall make appear from these four considerations : st , the prohibition reaches as well to serious as vain oaths , such as men made , if they swore at all , and ought to make to god only ; for to him alone should they perform them , and are they accountable for them : these very allowed oaths of old time , are the first prohibited by jesus christ ; it was said of old , thou shalt not forswear thy self ; but i say , swear not at all. 't is true , it is not particularized what oaths they were to keep of old ; but in general terms , that they were not to forswear themselves ; and it is clear that god enjoyned them that would swear , that they should only swear by his name . now what can be hence inferred more evidently , then that men ought not to swear those oaths under the gospel , which they might swear , and ought not to forswear , but to perform unto the lord in the law. dly , christ himself gives the explanation of his own words , chap. . , , , , , , . where he teacheth us , that he that swears by the temple , swears by it , and by him that dwells therein ; and he that shall swear by heaven , swears by the throne of god , and by him that sits thereon : so that he that swears by the head , swears by him that made it : and he that swears by the earth , swears by him that created it ; which leaves no room for the objection , for it is as if christ should have said , i not only command you not to forswear , but perform , as it was said to them of old time ; but i charge you , not to swear at all : i mean , not only that you should not swear by god , and those oaths that the pharisees account binding ; but also that you should not so much as swear by those lesser oaths , as they esteem them , and which they are wont to swear by ; for they are not less nor more allowable , in that they that swear by them , swear by him that is the author and maker of them : wherefore being of the same nature with the other , i forbid you to swear by them as well as by those oaths that were of old time made , and ought not to be broak , but perform'd unto the lord ; for this is one of my great commandments , which they must keep that will be my disciples , that is to say , swear not at all. our d inducement to believe this to have been the intention of our lord jesus christ , is the concurrent testimony of the apostle james , which is not only a repetition of his master's doctrine , but an addition and illustration , we hope sufficient to determin the present question with every unprejudic'd reader ; but above all things , my brethren ( saith he ) swear not ; which runs parallel with swear not at all : the negative is as general & forcible . he proceeds , neither by heaven , neither by the earth ; words of equal import with the latter part of christ's prohibition : and as if he had foreseen the cavils of our swearing adversaries , he adds , neither by any other oath ; which though as clear as the sun , if yet for their last shift they should tell us , that he only meant any other oath of that kind , not that he prohibited swearing by the name of the lord , it will not do their business ; for that christ hath already assured us , whosoever swears by heaven , swears by him that sits thereon ; and the very next words show that it was not his design only to prohibit vain , but plainly to exclude all swearing , but let your yea be yea , and your nay , nay , lest ye fall into condemnation ; else why had he not said , but you may swear by the name of god before a magistrate ? why must neither by any other oath be added after such a plain prohibition , as , my brethren , above all things swear not ? and why must yea and nay be substituted in the room of an oath , if it was yet intended by the apostle , that christians might rise higher in their evidence then a bare affirming or denying ? that is , though their yea be never so truly yea , and their nay never so sincerely nay , or the very truth of the matter be spoaken , which is the import of the words ; yet that they ought to swear . what is this but to contradict the natural tendency of the command of christ and his apostles ? which is plainly this ; if your yea be yea , it is enough ; if your nay be nay , it is sufficient ; for christians ought not to swear , if they do , they fall into condemnation , in that they break their master's command , who hath told them , that whatsoever is more then yea or nay , cometh of evil , which is the ground of all oaths ; for they ought to mean so simply and honestly in what they say , as that they should never need to swear in order to tell the truth . our th and last consideration , and that which to us seemeth of great moment to clear up our lord and saviour's sense , and rescue the passage from the violence of objectors , is this clause , for whatsoever is more then yea , yea , and nay , nay , cometh of evil. this cannot be intended of more words then yea , yea , and nay , nay , provided they are not of an higher strain , but of the same degree of speach importing a plain assertion or denyal of a thing ; for it is not the number , but nature of the words spoaken , that is here prohibited : nor can it be only understood of perjury ; for every body knows that to be evil in it self , which is more then that which cometh of , or because of evil : therefore ▪ it must be understood as well of swearing , as of forswearing , which is not evil it self , yet cometh of , or by reason of evil in the world : nor is there any thing more then yea and nay besides perjury , which can be intended , but an oath ; and therefore that was intended . christ doth not only prohibit evil it self , but that which is evil by superfluity to evangelical sincerity , and that swearing is ( be it of what sort it will ) wherever yea is yea , and nay is nay . in short , if what is more then yea and nay , cometh of evil ; then because any swearing , as well as forswearing , is more then yea and nay ; it follows , that any swearing cometh of evil , and therefore ought to be rejected of christians . nor will our english translation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shelter our objectors : for , communication doth not exclude those many cases that require evidences among men , no nor any the least action of man's life ; on the contrary , they have a great place in human communication , which is comprehensive of the various discourses and transactions of a man's life , as kings . . sam. . . eph. . . col. . . cor. . . it is a word of the same extent with conversation , which takes in all that can happen between man and man in this world : thus the psalmist , to him that ordereth his conversation aright , psalm . . so the apostle , let your conversation be as becomes the gospel , phil. . . besides , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be rendred word , as in joh. . . and the italian and french translations have it , let your word be yea , yea ; nay , nay ; as much as if christ had said , as i do not only condemn the act for adultery , which the law did , but also the conception of the mind ; and not only murder , but revenge likewise ; so i do not only condemn forswearing , which is done to my hand in the law of god , but prohibit swearing at all ; for i make that to be unlawful , which the law doth not call unlawful : therefore when your evidence is called for , swear not at all , but let your word be yea , yea , and nay , nay ; that is , do not speak untruth ; for that is evil : don't swear ; for that comes of evil. to conclude ; people swear to the end they may speak truth ; christ would have men speak truth , to the end they might not swear : he would not have his followers upon such base reserves , but their word to carry the weight of an oath in it ; that as others ought not to be guilty of perjury , christians ought not to be guilty of lying : for such is the advance from moses to christ , jew to christian , that as the christian needs not the jew's curb , so his lye is greater then the jew's perjury , because his yea or nay ought to be of more value then the other's oath . x. and lastly ; besides these express prohibitions , swearing is forbidden by the very nature of christianity , and unworthy of him that is the author of it , who came not to implant so imperfect a religion , as that which needed oaths , or should leave fraud , the ground of swearing , unextirpated ; but to promulgate that gospel which retrives ancient sincerity , builds up waste places , restores those breaches oaths entred at , and leads into the ancient holy paths of integrity they never trod in : he is that powerful lord , which cureth the diseases of all them that come unto him , and mystical serpent exalted , that relieves all that believingly look up to him : his office is to make an end of sin , that made way for swearing , and introduce that everlasting righteousness which never needs it ; the religion he taught , is no less then regeneration and perfection ; such veracity as hath not the least wavering ; sincerity throughout , that it might not only exceed the righteousness of the swearing jews , but that law which permitted it till the times of restitution , which he brought to the degenerated world , who said , swear not at all ; for the law that permitted oaths ; was given by moses ; but grace and truth , that ends them , came by jesus christ , who therefore prohibits them . and not only is this gospel of christ , or the holy religion he taught , of so pure and excellent a nature ; but those who will be his disciples , are oblieged to obey it , insomuch that he himself hath said , if ye love me , keep my commandments ; and if ye keep my commandments , ye shall abide in my love. again , ye are my friends , if ye do whatsoever i command you : if any man will come after me , let him deny himself , and take up his cross , and follow me : for i say unto you , that except your righteousness shall exceed the righteousness of the scribes and pharisees , ye shall in no case enter the kingdom of heaven : be ye therefore perfect , even as your father which is in heaven is perfect . these are the weighty sayings of our blessed lord and saviour jesus christ ; and certainly , he who breaks not the least commandment ( forbidden vers . . ) who can suffer rather then revenge , love enemies , and be perfect as his heavenly father is perfect , is above the obligation of an oath unto truth-speaking . his disciples preacht not another gospel then their master's , who prayed , that those who believed might be sanctified throughout , in body , soul and spirit , which is a perfect removal of the ground of swearing ; and they were exhorted to press after the mark of the price of this high and holy calling , until they should all come unto a perfect man , unto the measure of the stature of the fulness of christ jesus : for even hereunto ( saith peter ) were ye called , because christ also suffered for us , leaving us an example , that ye should follow his steps , who did no sin , neither was guile found in his mouth : and saith john , as he is , so are we in this world. if no guile be found in our mouths , then no oaths ; for they came because of guile : and if we ought to resemble him in this world , then must our communication be yea , yea , and nay , nay ; that is , we must live the life of truth , and speak the words of truth , which ought to be of greater force then oaths , that come of evil. if the righteousness of the law ought to be fulfilled in us , we ought not to swear , because we ought to be so righteous as not to lye. this is evangelical ; for as he that conceives not a foul or revengeful thought , need not to purge himself of adultery and murder : neither is there any reason , that man should purge himself of lying by sweating , that doth not so much as countenance an untrue thought . the language of the same apostle to the ephesians further explains this evangelical evidence , but ye have not so learned christ , if so be that ye have heard him , & have been taught by him , as the truth is in jesus ; that ye put off concerning the former conversation the old man , which is corrupt , according to the deceitful lusts , & be renewed in the spirit of your mind , & that you put on the new man , which after god is created in righteousness and true holiness : wherefore pvtting away lying , speak every man trvth with his neighbour : beyond which , there can be no assurance given or desired . and if christians ought never to lye , it is most certain they need never to swear ; for swearing is built upon lying ; take away lying , and there remains no more ground for swearing ; truth-speaking comes in the room thereof : and this not only the christian-doctrine teaches and requires ; but christ , the blessed author of it , is ready to work in the hearts of the children of men , would they but come and learn of him , who is meek , lowly , filled with grace and truth . and we must needs say , it is a shameful thing , and very dishonourable to the christian-religion , that those who pretend themselves to be the followers of christ , for so true christians ought to be , should so degenerate from his example and doctrine as to want and use scarcing asseverations , dispenced with in some of the weakest times of knowledge , and such horrible imprecations ( never known to ancient jews and christians ) to ascertain one another of their faith and truth : religion must needs have suffered a great ebb , and christianity a fearful ecclips since those brighter ages of its profession : for bishop gauden himself , in his discourse of oaths , confesses , that the ancient christians were so strict and exact , that there was no need of an oath among them ; yea , they so kept up the sanctity and credit of their profession among vnbelievers , that it was security enough in all cases to say , christianus sum , i am a christian . but to fortifie what we have hitherto urged in defence of our judgment and practice ; and to the end it may more fully appear , that our tenderness in this great case of oaths comes not from any sower , sullen or superstitious humor , or that we would trouble the world with any new fangled opinion , we shall produce the concurrent testimonies of several famous and good men for above these two thousand years , among gentiles , jews and christians , enough to make an occumenical council ; we shall cite them out of the best editions we have been able to procure , and as truly and punctually as we can render them , digested in order of time. memorable testimonies against swearing , collected out of the writings of gentiles , jews & christians ; some of which were deliver'd to the world several ages before swear not at all was writ by matthew , or spoaken by christ ; which makes swearing , but especially punishing for not swearing , among christians , so much the more disallowable . the whole publisht not only in favour of our cause ; but for the instruction of the world , and to their just honour that said & writ them , as durable monuments of their virtue . i. the sayings of the gentiles or heathens , in dislike of oaths . our two first testimonies shall be the practice of two great people , the persians and scythian : . diodorus siculus , lib. . i. among the persians , saith diodorus siculus , giving the right hand was the token of truth-speaking : he that did it deceitfully , was counted more detestable then if he had sworn . which plainly implyes , that swearing was detested among them , as well as that they needed not to swear , who so much used truth-speaking . quint. curt. in vit . alex. ii. the scythians , as it is reported by q. curtius , in their conference with alexander , upon occasion of an expected security , told him , think not that the scythians confirm their friendship by oath ; they swear by keeping their word . which is not only a proof of their disuse of common oaths , but swearing at all , even in matters of greatest importance . plutarch rom. quest . . iii. so religious was hercules , saith plutarch , that he never swore but once . if it was religiously done to swear but once in a man's life , it had been more religiously done not to swear at all . how just and severe a censure is this out of an heathen's mouth upon the practice of dissolute christians ? hesiod theogon . p. . iv. hesiod in his theogonia places an oath amongst the brood of contention ; an oath , saith he , greatly hurts men . again presently , an oath goes with corrupt judgments ; or an oath flyes away together with cotrupt judgments , that is , when justice appears among men , oaths vanish , as his scope in that place shews . seciad . in stob. . v. it was one part of the doctrine of the seven sages , so famous in greece , that men ought not to swear . stob. serm. . vi. solon , the famous law-giver of athens , and one of those seven sages , exhorted the people to observe honesty more strictly then an oath . as if he had said , honesty is to be preferred before swearing , as another saying of his imports , a good man should have that repute , as not to need an oath ; it is a diminution to his credit to be put to swear , bp. gaud. of oaths , p. . theognis ver . . vii . theognis , the greek poet , writing of a person swearing , saith , neither ought he to swear this or any thing : this thing or swearing ( it self ) shall not be . what is this less then , swear not at all ? valer. max. lib. . cap. . laert. hermip . & orig. contr . cels . viii . pythagoras , a grave and virtuous person , being earnestly intreated of the crotonian-senators for his advice in things relating to the government , did in his ●ra●ion , among other excellent sentences , with more then ordinary emphasis , lay this down in the nature of a maxim , let no man attest god by an oath , though in courts of judicature ; but use to speak such things , as that he may be credited without an oath . h. grot. on mat. . . ix . clineas , a just greek , and follower of pythagoras , out of love to truth , and respect he bore his master's doctrine , that injoyned him to fear and shun an oath , chose to pay three talents , which amount to about three hundred pound , rather then he would take any oath : whose example basilius magnus upbraided the christians of his time with , that were then learning to swear . hierocles comment in carm. pythag. p. . x. hierocles testifies , that pythagoras , in enjoyning them to revere an oath , not only prohibits forswearing , but requires them also to abstain from swearing . and aeshilus makes a sincere beckon to a matter a firm oath . stobaus serm. . xi . socrates , that worthy gentile , and great promoter of virtue among the athenians , among many excellent sentences delivered this , that good men must let the world see , how that their manners or dealings are more firm then an oath . which both proves that he saw a more excellent righteousness then swearing truth it self , and believed it attainable ; for he manifestly exhorts good men to that integrity , which is a greater caution then an oath . he was put to death for testifying against the heathen idols , acknowledging one only god. plut. in lacon . epoph . xii . lysander , the great spartan captain ; thought an oath of so little value in comparison of truth , that he bestowed this contemptuous saying upon swearing , children are to be deceived with t●yes , and men with oaths . implying , that sincerity is a greater security then an oath . isocr . ad demon. xiii . isocrates , a greek orator , in his oration to demonicum , advises , not to take an oath for money matters . also he teaches , that good men should shew themselves more credible then an oath . plat. de leg. . xiv . plato ( call'd divine ) forbids swearing in solemn cases , that none swear himself ; that none require an oath of another . he speaks there , how rhadamanthus brought in swearing by the gods ; but that his art therein was not agreeable to that time ( it seems he accounted it an art of policy ) but that in all actions or causes , laws which are made with understanding , should take away swearing from both adversaries . for ( saith he ) it is an horrible thing , that when many judgments are done in a city , well near half the people are forsworn in them — therefore let the presidents of judgments not permit any to swear in actions , not even for perswasions sake ; but that he persevere in that which is just , with a fitting speech , &c. valer. max. . cic. pro corn. balb. diog. laert. in vit . xenocr . xv. xenocrates was so renowned at athens , for his virtuous life and great integrity , that being called to give his evidence by oath , all the judges stood up and forbad the tender , because they would not have it thought , that truth depended more upon an oath , then the word of an honest man. menander . xvi . menander , the greek poet , saith , flee an oath , though thou shouldst swear justly . cherillus in perseid . xvii . cherillus saith , oaths bring not credit to the man , but the man must bring credit to the oaths . what serve they for then ? to deceive ? it seems by this , that credit is better then an oath ; for it is the credit that is the security , not the oath . stobaeus in jur. c. . xviii . alexides in olynth , saith , a wise man ought alwayes to give credit , not to swearers , but to the things themselves . then oaths are vain ; for it is not the meer oath , but the likelihood of the truth of the evidence , from the consideration and comparing of the circumstances , that turns the scale . simocat . epist . . f. xix . simocatus , perfidiousness appears securer then faithfulness ; and an oath imposed is a fit engin for deceit . strange ! that faithful yea and nay is stopt , when perfidiousness with an oath can pass all guards , courts and offices . he manifestly links oaths and perfidiousness , and gives the praise to faithfulness . h. gr●t . on mat. . xx. epictetus , a famous and grave stoick , counselled , to refuse an oath altogether . quint. l. . xxi . quintilian saith , that in time past it was a kind of infamy for grave and approved men to swear , as if their authority should suffice for credit : therefore the priests or flamins were not compelled to it ; for then to compel a noble man to swear , were like putting him upon the rack , &c. which shows an oath to be an unnatural and extorting way of evidence , and that they preferred v●rtue and truth before an oath . plutarch rom. quest . . xxii . plutarch in his th rom. qu. upon the custom of the romans , holding it unlawful for the flamen dialis , or chief priest , to swear , puts the question , why is it not lawful for jupiter ' s priest to swear ? is it because an oath ministred unto freemen is as it were the rack & torture tendered unto them ? for , certain it is , that the soul , as well as the body of the priest ought to continue free , and not be forced by any torture whatsoever ; or for that it is not meet to distrust or discredit him in small matters , who is believed in great and divine things ? or rather because every oath endeth with detestation and malediction of perjury ? and considering that all maledictions be odious and abominable , therefore it is not thought good , that any other priests whatsoever should curse , or pronounce any malediction : and in this respect was the priestess of minerva in athens highly commended , for that she would never curse alcibiades , notwithstanding the people commanded her so to do ; for i am ( quoth she ) ordained a priestess to pray for men , and not to curse them . or last of all , was it , because the peril of perjury would reach in common to the whole common-wealth , if a wicked , godless and forsworn person should have the charge and superintendence of the prayers , vows and sacrifices made in the behalf of the city ? thus far plutarch , whose morals have the praise among all the writings of philosophers ; who is also commended himself very highly for his virtue and wisdom . see his life . m. aur. ant. in descript . bon . vir. xxiii . m. aurelius antoninus , that philosophical roman emperor , in his description of a good man , sayes , that the integrity of a truly good man is such , that there is no need of an oath for him . certainly then he was far from imposing oaths upon his people , who both by his exam-and precept prefrr'd integrity before an oath . libanius . xxiv . libanius , a greek orator , though otherwise no admirer of christians , reckons this amongst the praises of a christian emperor ; he is ( sayes he ) so far from being blackt with perjury , that he is even afraid to swear the truth . it seems then , they swore not in his time ; and that libanius , an enemy to christians , preferr'd and admired swear not at all . auson . epist . . xxv . we shall conclude with ausonius , whose saying seems to be all contracted , or those other testimonies digested into one axiom , that is , to swear or speak falsly , is one and the same thing . these are the reflections upon oaths we receive from heathens , who by the light they had , both discerned the scope of the evangelical doctrine , swear not at all , preceptively laid down by christ our lord , mat. . . and prest it earnestly : and which is more to their honour , but to the christians shame , several of them lived it sincerely . ii. testimonies from the jews in dislike of all swearing . h. grot. com. on mat. . . xxvi . maimonides , out of the most ancient of the jewish rabbies extracts this memorable axiom , it is best for a man not to swear at all. raimund . p. . xxvii . raimundus quotes him thus , maimonides in tract . de juramentis ; it is a great good for a man not to swear at all ; the ancient and lawful doctrine of the synagogue . jofeph . de bello judaico l. . c. . xxviii . the esseni or essaeans ( saith josephus ) keep their promise , and account every word they speak of more force then if they had bound it with an oath ; and they shun oaths worse then perjury ; for they esteem him condemned for a lyar , who is not believed without calling god to witness . these essaeans were the most religious of the jewish pepole , though the pharisees made the greatest noise amongst the rabble . philo de decalogo , p. . xxix . philo , that excellent jew , relates thus much concerning the same essaeans , that what soever they said , was firmer then an oath ; and that to swear was counted amongst them a thing superfluous . philo judeus on com. d. xxx . the same philo himself thus taught in his treatise on the ten commandments ; commandment d. thou shalt not take the name of god in vain : many wayes ( saith he ) do men sin against this commandment ; so that it is better not to swear at all ; but so well accustom thy self to speak truth alwaies , that thy bare word shall have the force and virtue of an oath . it is become a proverb , that to swear well and holily is a second voyage ; for he that sweareth is suspected of lying and perjury . it is , saith he , most profitable and agreeable to the reasonable nature , to abstain altogether from swearing . whatsoever a godly man speaks , let it go for an oath . the wisdom and moderation of this worthy personage reflects just blame upon those that pillage their neighbours , because they conscientiously refuse an oath : but that men , who pretend to be the disciples of jesus christ , should commit these cruelties , aggravates their evils , and doubt less their guilt . how can they ever hope to look their lord with comfort in the face , who so severely treat their fellow-servants ? certainly jews and heathens will one day rise up in judgment against such christians , for their unnatural carriage towards their brethren : this is not to love enemies , but injure friends . jews and heathens are become names of reproach ; yet to the rebuke of christians , as they call themselves , they not only discern'd the rise and ground of oaths , but the evil of using them , even while they were tolerated ; and both avoided them , and exhorted others to that integrity which had no need of them . these testimonies , though they are of weight with us , and we hope they will have a due impress upon the minds of many of our readers ; yet because nothing produced out of jews and gentiles , may advance our cause with some , or render it ever the more acceptable , we shall next betake our selves to the more christian ages of the world , for approbation of our judgment , who we are sure will kindly entertain us , their liberality being extraordinary to our cause ; and from whom we shall never want votes for swear not at all , while their works are in the world : may our superiors joyn theirs with them , and we have reason to believe , that our deliverance from the yoak of oaths will be the happy issue of this necessary address . iii. testimonies from christians , both fathers , doctors and martyrs , in dislike of all swearing . polycarpus . xxxi . the first testimony recorded against swearing , after the apostles times , was that of polycarpus , who had lived with the apostles , and was said to have been disciple to john , not the least of the apostles ; for at his death , when the governour bid him swear , defie christ , &c. he said , fourscore and six years have i served him , yet hath he never offended me in any thing . the proconsul still urged and said , swear by the fortune of caesar ; to whom polycarpus answered , if thou requirest this vain-glory , that i protest the fortune of caesar , as thou sayest , feigning thou knowest not who i am , hear freely , i am a christian . this good man began his fourscore and six years , which was about twenty years after james wrote above all things , my brethren , swear not ; and several years before john the apostle deceased ; for he is called his disciple . see his history and commendation in eusebius . we know it is objected by some , that he refused to swear only because he could not swear by that oath , which is a guess , and no confutation of what we alledge : but if that had been polycarpus's reason , why did he not rather say , the law of god forbids swearing by idols ? 't is certain , the first christians would not swear , but thought polycarpus's answer security enough to them that demanded their oath : he refused all oaths as a christian ; therefore saying , he was a christian , was reason sufficient why he would not take that oath . justin martyr , apol. . pro christianis , ad anton. pium oper . p. . xxxii . it was some time before his suffering that justin martyr , who is the first we find writing of it , publisht an apology for the christians in the year . as himself saith , and a second after that , wherein he tells us , after the doctrine of his master , that we should not swear at all , but alwayes speak the truth . he , that is , christ , hath thus commanded , swear not at all ; but let your yea be yea , and your nay , nay ; and what is more then these is of evil. see his praise and martyrdom in eusebius , soon after polycarpus . euseb . eccl. hist . lib. . c. . xxxiii . under the same emperor ( says eusebius ) suffered also ponticus , of fifteen years of age , and blandina , a virgin , with all kind of bitter torments ; the tormentors now and then urging them to swear , which they constantly refused . euseb . ibid. lib. . cap. . xxxiv . and in the next emperor's reign , basilides , a souldier of authority amongst the hoast , being appointed to lead potamiena to execution , and by her convinced of the truth in christ , was after a while required to swear ; but he affirmed plainly , it was not lawful for him to swear ; for ( said he ) i am a christian . he did not lay the unlawfulness upon that oath , but upon swearing at all . the history only sayes , his companions would have him swear upon some occasion or other , not mentioning by what ; his answer was , it is unlawful for me to swear ; and why ? because , saith he , i am a christian : the consequence is plain , christians took no oaths , therefore not their oaths . tert. apol. pro christianis advers . gent. cap. . xxxv . in the same emperor's reign lived tertullian , a strict and learned man , who wrote a very notable apology for the christians , wherein he answers the objection of the heathen , who accused them of not being well-wishers to the emperor , nor caesar's friends , in that they refused to sacrifice and swear by the genius , fortune and health of the emperor ( we begin with this because it is urged by some against us ) saith he , we do swear , as not by the genius of the caesars , so by or for their safety , which is more august then all genius's or petty gods ; for we reverently look up unto the judgment of god in the emperors , who hath set them over the nations ; and we know that to be in them which god wills , and what god wills , that we will to be safe ( that god save it ) hoc salvum esse volumus , et pro magno id juramento habemus ; i. and that we account for a great oath , or that we have instead of a great oath ; namely , our well-wishing to caesar : the thing that was desired , the substance of the oath ; that oath which the pythagoreans said was in all reasonable creatures , viz. a full resolution of mind not to transgress the law of god , which tertullian saith here they had respect to ; that oath which a just man sweareth by his deeds , as clemens alexandrinus speaketh . in like manner tertullian sayes , to scapula , we do sacrifice for the health of the emperor , but that way that god pleases , by pure prayer ; so sayes he , here we do swear by the health of the emperor , by willing his health ; and i do work for the health of the emperor ; for i commend him to god * otherwise , if we take the words of this doctor strictly and properly , who in writing is difficult , as scultetus notes ; and obscure , as lactantius sayes , we shall both cross the scope of the place , and accuse him and the primitive christians and martyrs of his time , not only of swearing , but sacrificing for the health of the emperor ; neither of which do we ever read they did , nor as much as offered to do , had they , doubtless we should have heard off me release or favour shown them on that condescension : besides we shall also make him to contradict himself ( which scultetus accuses him not of , in this ) for in his book de idololatria , he speaks without any obscurity ; saying , i speak not of perjury , seeing it is not lawful to swear . and in chap. . he proves , that he which signs a bill of security containing and confirmed by an oath , is guilty of swearing , as if he had spoaken it , and transgresses christ's command , who hath prescribed not to swear . he is before speaking of the idolatry , christians are obnoxious to in regard of imployments , as school-masters by reason of heathenish books and customs ; and merchants or trassiquers of covetousness and lying ; not to speak of forswearing , saith he , seeing it is not lawful so much as to swear ; which if any should do , he should surely be the servant of covetousness , in undertaking an unlawful practice for gain , as he sayes lying was ; but if they should also forswear , so adding swearing to lying , that should be a servant of servants to covetousness , that is idolatry : which if christians had committed indeed , it is unlikely that tertullian would have made such a sleight and short preterition with a sentence of eight words . and further observe , that both tertullian and the martyrs make use of the most universal proof , to make their testimony for god full and compleat . and though their enemies tryal of them were short of proving them christians , and distinguishing them from jews ; yet in the wisdom of god , their answer and argument being general and christian , including the special and jewish , proves them not only true jews , who were forbidden by god to forswear , or to swear by idols ; but true christians , not to swear , because it was unlawful ; for christ had forbidden it : and as his argument in the apology aforesaid , was , it is unlawful to swear , much more to forswear ; so here , christ ( saith he ) hath prescribed not to swear , then sure not to swear and subscribe gentile oaths . so basilides , because i am a christian , it is not lawful for me to swear ; then not your oath : this is the just sense and consequence of it . and said polycarp , i would have thee to know , that i am a christian , and the doctrine thereof , if thou wilt appoint a time , i shall teach thee ( that is , not to swear ) therefore it is in vain for thee to bid me swear , and defie christ : so blandina and ponticus were urged to swear ( by what it is not said , and it matters not ) but in vain ; for they were christians : we do not read that any used the jewish argument , the old commandment , thou shalt not swear by idols ; but the christian argument , the new commandment , it is not lawful to swear , christ forbad it , i am a christian , &c. and to this purpose speaks le prieur on this place of tertullian , in his annotations ( which the publishers desired because of his obscurity ; see their preface ) although , sayes he , the christians did believe that all swearing was forbidden them , they before all oaths were aware of swearing by the genius , or fortune of the prince . here he confesses they were aware of all swearing , much more that which was never lawful , to wit , swearing by idols . and thereupon he brings the example of polycarpus : but if all oaths , then of swearing by the health of the emperor ; for that was an oath . and this african writer's intricate sense ( as the publisher's terms are ) must needs be in this as in the other , all along mystical : and as he sayes a little before , i offer a sacrifice ( oratione ) by prayer ; so going along he sayes , we swear , juramus , i. jure oramus ; for so bruno & cassiodorus derive the word , jurare dictum est , quasi juste orare , hoc est , juste loqui . again , ps . . they swear in god , or to god , or by god , who promise an inviolable odience of mind to him . jurare to swear ( saith he ) is , jure orare , to speak equity , that he will not decline to another party , from what he hath promised . again , here swearing is firmly in mind to resolve to fulfil the good purpose . and that this must be tertullian's sense , not only the scope ( for which see scultetus on the place ) but his explanation of it , by willing what god wills , and that to be to them for a great oath ; plainly declares to sagacious readers , and such tertullian's african speech requires , as rigaltius sayes of his writings , which have been * altered of them that could not comprehend them . but is it likely that a man so severe , that condemned the very subscribing of a writing wherein an oath was contained , and for this reason , because christ forbad to swear at all ; and thought it needless to speak of perjury , because it was not lawful to swear , should yet allow it in himself and others to swear even by that which was not god ? besides , suarez reckons him amongst those fathers who were more especially against swearing . thus are the conspirers against this part of the doctrine of christ , and his apostles , primitive fathers and martyrs , forc'd out of that sanctuary they betook themselves to , in the sentence of this intricate doctor . clem. alex. strom. l. . xxxvi . clemens alexandrinus , his contemporary , famous for learning and strict living , to help him in his mystical meaning of an oath , sayes , he who is once a believer , why shall he make himself an * unbeliever , as that he hath also need to swear , and doth not so lead his life , that the same ( to wit , his life ) be a firm and definite oath , and shew the faithfulness of confession in a constant and stable speech — far be it , that he who is approved and discerned in such piety , should be propense to lye or to swear — he who liveth justly , transgressing in nothing of these things that should be done , the same sweareth truly and holily by his deeds and works ( mark how this agrees with tertullian's improper swearing ) the testimony of the tongue is superfluous to him — it sufficeth to add unto his affirming or denying this , viz. i speak truly , that he beget faith in them who perceive not the stability of his answer : for it behoveth him , as i judge ( saith he ) to have a life worthy of credit ( or faith ) among those that are without , that an oath be not sought from him — neither doth he swear , as being one , who hath determined to put for his affirming yea , for his denying nay . — where is there any need of an oath to him that so lives , as one that is attain'd to the height of truth ? he therefore that doth not swear , is far from forswearing : he that transgresseth in nothing that is covenanted and agreed , he may never swear . — seeing he is fully perswaded that god is every where , and is ashamed not to speak truth , and professeth that it is a thing unbeseeming , and unworthy for him to speak false ; he is content with this , that god and his own conscience know it , and therefore he doth not lye , nor do any thing besides or against what is covenanted and agreed : by that means he neither sweareth , if he be asked ; nor denyes , so as to speak false , though he dye upon the rack for it . likewise in his th , th and th books of strom. also in his d book of his paedagogue with gentianus hervetus's notes on it , where he forbids to set two prices , and commands but one single one , and to speak truth without an oath , &c. origen in matth. tract . . xxxvii . origen , his successor , a man of equal fame for learning and piety , succeeds him also in this testimony concerning swearing : because , saith he , the jews have a custom to swear by heaven ; to the fore-going ( prohibition ) christ added this also to reprove them , because they more easily swore by heaven then by god ; because he deals alike unreasonably , who sweareth by heaven , as he that swears by the temple , or by the altar , in that who sweareth by heaven , seemeth to swear by him that sitteth in that throne , and doth not escape danger , as he thinks , because he sweareth not by god himself , but by the throne of god : and these things he speaks to the jews , forbidding them to give heed to the traditions of the pharisees ; otherwise , before , he manifestly forbad to swear at all. the chief priest said unto him , i adjure thee by the living god , that thou tell us if thou be the christ , the son of god. in the law we find the use of adjuring ; the priest shall adjure the woman with the adjurations of this curse . also ahab said unto michaeas , i adjure thee that thou tell me the truth in the name of the lord. the king adjured the prophet , not by command of the law , but by his own will. and now the priest adjures jesus by the living god. but i account that a man that will live according to the gospel , must not adjure another : for it is even like that which the lord himself forbids in the gospel , but i say unto you , swear not at all. for if it be not lawful to swear , as to the gospel-command of christ , it is also true , that it is not lawful to adjure another , or compel him to swear . huetius upon him addeth , that athanasius , chrysostom , epiphanius , hilary , and many more were of of the same mind with him : and if so , we may without offence add , upon that respect our superiors seem to carry to their names , that it must needs be very remote from the doctrine of the ancient church , to fine , imprison , and bitterly treat those that for conscience of that gospel-command do scruple an oath in this age. if thou wilt return , o israel , saith the lord , and put away thy abominations , then shalt thou not remove . and thou shalt swear the lord liveth in truth , and judgment , and righteousness . origen here tells us , that this is a reproof of them that did not swear in judgment , but without judgment : howbeit , we know ( saith he ) that the lord said unto his disciples , but i say unto you , swear not at all. perhaps formerly it behoved them to swear in truth , judgment and righteousness ; that after any had given proof of his integrity , he might be thought worthy of being believed without any oath at all. but once having yea , he needs no witness that it is yea ; and having nay , he needs no other evidence to prove that it is nay . thus doth origen prefer and extol evangelical verity , wrapt up in solemn yea or nay , above the swearing that was in truth , judgment and righteousness under the dispensation of the law. socrates scolast . lib. . cap. . of his ecclesiastical history . xxxviii . gregory thaumaturgus , so called from his working of miracles , on eccles . lib. . cap. . saith , it is meet to give diligent heed to the words of the king , and to flee an oath by all means , especially that which is taken in the name of god. see his great praise , his works and miracles . cyprian lib. . testim . ad quirin . xxxix . cyprian , a famous father , and faithful martyr ( who lived about the middle of the age , in the beginning of which origen flourished ) in his third book of testimonies to quirinus , who hath desired me ( said cyprian ) to draw out of the holy scriptures certain heads , belonging to the religious discipline of our sect ( for so he calleth his own , the christian religion ) his th head amongst them is , not to swear . again , writing of pastors and teachers , he biddeth them , remember what the lord taught , and said , let your saying be yea , yea ; and nay , nay . in another place he saith , it is unlawful for any man to compel another to take an oath . hitherto the christians , being under most cruel sufferings , generally kept faithful to the command of christ in this point ; and so we find very little in their writings about it , besides a simple and bare asserting of it as the doctrine of christ , not to swear at all , as well as it was of moses , not to swear falsly or vainly ; for more was no way needful , in that it was not contested , but universally so received . but after that christian-emperors had engaged themselves in parties , then it seems many out of flattery , and to engage them to their sect , took liberty to swear , even by the health of the emperor , as is objected against us by some out of eusebius ; but such he did not account religious ; neither that a religious part so to do , much less an august act ; and least of all , a most august act of divine worship , as some would have it ; seeing stobaeus observes from him , that whereas many exhorted that they be honest and faithful in an oath , he , for his part , esteemed it not the part of a religious man , not to avoid even swearing it self . and we believe it will be a hard matter to find any in the greek church , especially for the first three hundred years , that would allow swearing so large a place in sacred things , yea , or in later ages either , even in the latin church ; nay , of those who have allowed it in some cases , many or most of them have denyed it any place at all in the worship of god , as of it self , accounting it an abatement , rather then an advancement to christianity , which no part of the true worship of god can be . but some perhaps taking of tertullian's word augustior , or more august , ( which he sayes , the safety of the emperor is , in comparison of all the genius's ) to be the highest act of god's worship , they would have us swear by that , after the example of those mention'd in some christian-emperors times . tertullian's sense we shall easily grant ; for it is so , and we do so , in that we commend our prince and governours to god , to god only , with earnest and sincere desires for his and their safety , above all such genius's , as tertullian calls daemonia . but we justly deny upon the score of what we have made appear to the contrary , even from tertullian himself , and others , that he , or the christians in his time , or for two hundred years before , or a hundred years after , did swear , as some would have us , least of all as a most august act of the worship of god , without which all others are unacceptable ; or that those who did swear afterwards were the most religious ; seeing eusebius esteems otherwise , and not he only , but also those very devout men that we have already produced , besides many which might and may be mentioned : for , all that we have yet met with , in those times , that speak of it , speak against it ; and of the following times men of greatest renown and authority , labour'd with all earnestness to expel oaths the society of christians , and cure them of that distemper by inculcating the doctrine of integrity , that needs no oath ; proving by holy scripture , that it was the plain and absolute law of christ , that christians ought not to swear at all ; and by other arguments , that the original of oaths was neither from god , nor good men : but they crept into use through the corruption of times , and meer carelesness of governments ; for , when they could not trust one another , they called their god's to witness ; but god separating abraham and his posterity from among them , to himself , the better to draw them from idols , commanded them to swear by him only : as much as if he would have said ; if you will swear , let it be by my name rather then idols , that so you may , though it be after a mean manner acknowledge a real deity , the only lord of all : but how long was this condescension to last ? but till the fulness of time came ; that , with other permissions , removed all swearing , christ bringing men to the truth in the inward parts , as in the beginning , before swearing was in being ; for from the beginning it was not so . but to shew what other fathers reasons & testimonies against this heathenish and jewish usage , indeed bondage , were , at the coming in of the apostacy , we shall begin with athanasius , a man that was in great renown in the dayes of constantine the great , and whose creed is the faith and test of christendom at this day . athanasius on the passion of christ . xl. the evangelical sentence of the lord is , let your yea be yea , and your nay , nay : thus far we , who are in christ , may confirm our words with asseverations , and with no further progress let us flee to or approach oaths , that we alledge not god for witness for corruptible money 's sake , especially since moses so sets down the law ; thou shalt not take the name of the lord thy god in a vain thing . for if any one is plainly worthy to name god , he is also worthy of belief ; for , whosoever is meet for greater things , he will be much more fit for less : on the contrary , if he be not worthy belief , that he may be credited without an oath , surely he is not one that is worthy to name god. if he be not faithful in word , how will god by any means be the witness of an oath for him , who is destitute of faith , to which god hath respect ? again , the lord is nigh to all that call upon him in truth ; by which alone the lord can be called upon : wherefore why do they swear by god , who are not trusted even in small matters ? otherwise , an oath is a testimony of truth , and not a judge of businesses , sith men do swear , not that they may signifie businesses , but that they may confirm the truth ; and that they may shew , that those things which they produce , are without lying : if therefore he that swears hath faith and truth , what use is there of an oath ? but if he hath no faith nor truth , why do we undertake such an impiety , that for poor silly men , and those mortal too , we call to witness god , that is above men ? for if it be a base part to call to witness an earthly king to the lowest judicatures , as one that is greater then both actors and judges ; why do we cite him that is uncreated to created things , and make god to be despised of men ? hout , that exceeds all iniquity and audaciousness : what then is to be done ? no more but that our yea be yea , and our nay be nay ; and in short , that we do not lye . but if we shall seem to speak truth , and imitate the true god , some perchance may thus contradict . if an oath be forbidden to men , and a man imitates god in not swearing , how is it that god is related in the holy scriptures to swear ? for , he swore to abraham , as moses witnesseth : and it is written in the psalms , the lord swore , and will not repent , &c. for these things seem to be repugnant to the former ; and that thereby there is permitted to men a liberty of swearing . but this is not so , nor can any think so : for god sweareth by none ; for how can he , seeing he is lord and maker of all things ? but if any thing , this must be said , that his word is an oath , inducing the hearers by a sure faithfulness , that what he promiseth & speaketh , shall certainly be effected ; sith god sweareth not as man , but his word to us is as an oath for v●rity . and speaking to men , he is said to swear : and this also the saints do utter after the manner of men ; that as they themselves speaking would have credit to be given them , so likewise they themselves should give credit to god : for , as a man's word confirmeth an oath , so also those things that god speaketh , because of the firmness and immutability of his will are to be reputed oaths . the same also that is there written confirmeth my saying , for the lord hath sworn , and will not repent ; as a thing not to be retracted by repenting , but certainly to be effected , according to the engagement of an oath . this also god doth declare in genesis , saying , i have sworn by myself : but that is not an oath ; for he swore not by another , which is proper for an oath , but by himself , which contains not the estimation of an oath . but this is done that the sureness of his promise may appear ; and how confidently that ought to be believed which is spoaken . that sweet psalmist will witness for me in his psalm , calling god to mind , when he saith , where are thy ancie●t mercies , o lord , which thou swarest to david thy servant , in ( or by ) thy truth ? for god sweareth not by his truth ; but because he , who is true , speaketh in his word , that to men is for an oath unto belief . so god doth not swear after the manner of men : neither must we be induced thereby to take oaths ; but let us so say , and so do , and so approve our selves in saying and doing , that we need not an oath for the hearer ; and that our words of themselves may have the testimony of truth : for , by that way we shall plainly imitate god. hilary on mat. . . xli . hilary , a father , very famous in the dayes of constantius , son to constantine ( but an arrian , and which was worse , a persecutor , so that this hilary was banished ) in his commentary on those words in matthew , ye have heard that it was said to them of old , thou shalt not forswear thy self , &c. thus expresseth himself , the law set a penalty for perjury , that the conscience of religion or fear of an oath might restrain the deceitfulness of minds ; for the rude and insolent people made frequent mention of their god by a familiar course of swearing : but faith doth remove the custom of an oath , making the businesses of our life to be ●etermined in truth , and laying aside the affecting to deceive ; prescribing the simplicity of speaking and hearing , that what was , was : what was not , was not ; that the business of deceiving might be apparent between it is , and it is not ; and what is more , is all of evil : for what is , it is its property alwayes , that so it is ; and what is not , it is its nature , that it is not : therefore to them that live in the simplicity of faith , there is no need of the religion ( or superstition ) of an oath ; with whom alwayes what is , is ; what is not , is not : and by these both all their words and deeds are in truth . neither by heaven ] god not only suffers us not to make oaths to god , because all the truth of god is to be held in the simplicity of our word and deed ; but also condemneth the superstition of old disobedience , &c. suarez de juram . l. . c. , . xlii . the next testimony we shall pitch upon in confirmation of our reasons , and the sense we take our master's precept in , swear not at all , is afforded us out of the apostolical institutions asscribed to clemens romanus , reported by suarez , in his book de juramentis , our master ( saith clemens ) hath commanded , that we should not swear , no , not by the true god ; but that our word should be more credible then an oath it self . which is a plain indication of the apostolical doctrine to have been the absolute prohibition of oaths , in that sense wherein they were only reputed lawful : for if men ought not to swear , no , not by the true god ; then consequently by no other oath , as his following words not only imply , but express , viz. that the word of a christian should be more credible then an oath it self . again , he that in the law established to swear well , and forbad false swearing ; commanded also , not to swear at all. orthodoxagrapha p. . lxiii . there is a tract , call'd , the gospel of nicodemus : we know it is reputed spurious , but that makes nothing against us ; that disputes the author , and not the m●tter ; for though nicodemus never wrote such a book , certain it is that such a book was written , which is in favour of christianity , as then received : in the place cited pilate is made to say , i adjure you by the health of caesar , that these things that you say , &c. they answer'd , we have a law , not to swear , because it is a sin. whoever wrote it , this benefit cometh to our argument , that the christians , at that time , thought an oath a sin ; for it is not to be doubted , but he that gave that answer ▪ knew it to be the doctrine and practice of christians ; for he was therein to represent them . basilius magnus on psalm . xlv . basil , called the great , another champion of the like fame , and in the same time of valens , the persecuting arrian emperor , by whom he suffered imprisonment and cruel threatnings ( see their praises in socrates scolasticus ) on the th psalm , with us the th , he that sweareth , and deceiveth not his neighbour ; so basil hath it , and upon it these words : here he seemeth to allow an oath to a perfect man , which in the gospel is altogether forbidden ; but i say unto you , not to swear at all . what shall we say then ? that every where the lord , as well in the old as in the new law , hath the same consideration of commanding ; for desiring to anticipate the effects of sins , and prevent them by diligence , and to extinguish iniquity at the first beginnings , as the old law saith , thou shalt not commit adultery ; the lord saith , thou shalt not lust : the old law saith , thou shalt not kill ; the lord ordaining perfection , saith , thou shalt not be angry : so also in this place , the prophet indeed seemeth to assent to an oath ; but the lord , to take away all occasion of perjury , and willing to prevent the dangers of swearers , takes away swearing altogether : for he names an oath in many places the immutable and firm constancy of any thing or purpose . i have sworn , and have stedfastly purposed to keep the judgments of thy righteousness : also , the lord hath sworn , and will not repent . not that david brought the lord for a witness of his sayings , and to get belief to his doubting , but that he confirmed the grace of his profession by an immutable and firm decree : so also he could have said here , that is , he that sweareth , and deceiveth not his neighbour , that it may agree with the saying of our saviour , let your word be yea , yea ; nay , nay . to things that are , thou mayst affirm and assent ; but of things that are not , although all men urge thee , yet thou mayst never be drawn by any means to affirm against the nature of the truth : is the thing not done , let there be a denyal ; is it done , let it be affirmed by word . and he that shall not assent to him so affirming , * let him look to it , and feel the harm of his unbelief . it is a base and a very foolish thing to accuse one's self , as one unworthy of being believed , and to betake and refer one's self to the security of an oath . now , there are some speeches which have the forms of oaths , and yet are no oaths at all , but rather remedies to perswade ; as joseph to make the aegyptian familiar with him , swore by the health of pharaoh ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 live pharaoh ) and the apostle , willing to shew his love to the corinthians , said , by the glorying of you , which i have in christ jesus , our lord : for he did not depart from the doctrine of the gospel who , by a thing before all most dear unto him , simply sought belief to the truth . he refused to swear at the council of chalcedon : and speaking of clineas , a pythagorean , who might have avoided a mulct of three talents , if he would have sworn , which he rather suffered ; saith , in keeping these things he seems to have heard that command concerning an oath that is forbidden us . and he upbraided the christians of his time with it , that would swear . this basil the great , in his th canon to amphilochius , writes thus , because an oath is altogether forbidden , such an one as is taken to an evil purpose , is much more to be condemned — again , if an oath , simply as such , be prohibited , of greater reason when it is to effect some mischievous end — the cure consisteth in a twofold admonition ; . not to swear ; . to svppress the form of oaths . blastaris syntagma tit. e. c. . xlv . there was an ancient law made to this effect , it is forbidden to all , from the bishop and clergy-men to the readers , to take any oath at all. blastaris also brings in this objection , but since those are punished who swear falsly , and those are passed by who swear well , some may say , therefore it is permitted to swear . to which he answers , but where shall we dispose , o● how shall we dispense with the evangelical precept in the gospel , that forbids staking any oath at all ? adding , but i believe that the gospel endeavoured to root out that wicked stem ( as i may say ) which is in sinful me● , and for that cavse prohibited an oath , which is as the door or in-let to perjury . gregor . nyssenus on cant. orat . . xlvi . gregory nissenus , brother to basil , spoaken of by socrates scolasticus in the same place , and in lib. . cap. . his works are famous : and in his explanation on the canticles , bestows this testimony upon us : he , who by moses established the beginnings of the law , by himself fulfilled all the law and the prophets , as he saith in the evangels : i came not to destroy the law , but fulfil it ; who taking away anger , abolisheth killing also ; and together with lust , took away adultery . he also casts out of men's lives accursed perjuries , whilst by the prohibition of an oath , he has put in his sith as it were to security : for it cannot be , that any should not keep an oath when there is no oath ; therefore saith he , you have heard , that it was said to them of old time , thou shalt not forswear , but shalt render to the lord thy oaths ; but i say unto you , swear not at all , neither by heaven , &c. but let your yea be yea , and your nay , nay ; for whatsoever is more , is of the devil . thus do they mostly end ; which shows how they understood christ's words . greg. nazianz. in his dialogue against swearing , jamb . . xlvii . gregory nazianzen , a great man in the church , also speaketh to the same purpose , in his dialogue against swearing , saying , b. what oath dost thou leave to us ? a. i wish i might leave none , and that there were never any more . but thou sayest , we have heard that god himself sometimes swore : the holy scriptures record that ; but is there any thing better then god ? surely nothing is found better then he : if therefore nothing be better then he , it should follow , that he never swears . b. why therefore do they record that he swore ? a. when god saith any thing , that is the oath of god. b. and how doth he swear by himself ? a. how ! he should not at all be god , if he should lye . b. thou speakest strangely ! a. no wonder ; that is the nature of god peculiarly , that he cannot lye : there is none that can deny this . b. but what wilt thou say to me of the old covenant ? surely it doth not prohibit an oath , but requires a true one ? a. no wonder : at that time only it was prescribed in the law concerning murder ; but now it is not lawful for any cause so much as to smite or beat : then the end of an evil deed only came into judgment ; but now that also which moveth to the end. this is my judgment : for now we have made , a long progress ; wherefore a wise man will abstain from oaths . b. what then ? dost thou give to some as infants a kind of first food , that they may at length receive a succeeding kind of meat ? a. thou judgest right and wisely . b. but paul also swore , as they say ? a. who said so ? oh , what a vain jangler was he that said it ! quoth he , god is my witness , and god knoweth : those words are not an oath , but a certain asseveration in such great things , constant and inviolable . b. wilt thou allow the same also to me ? a. i wish , that to thy power thou wouldst plainly become a paul , and so thou wouldst have a right rule of thine actions . b. what if i use an oath unwillingly , but to free me from danger ? a. let another allow thee that . b. what if an oath be written , and not pronounced with the voice ? a. and what 's the meaning of a writing ? surely amongst all other obligations , a writing doth more bind and obliege us . b. what if we be drawn by necessity to give an oath ? a. why didst thou not rather dye ? for surely , thou shouldst rather dye then do that . b. what if the books of the holy scriptures be not used ? a. what! is religion placed in a leaf ? is god absent by this means ? it is evident that thou fearest ( paper , or ) parchment , and i fear god more : this is a frequent disease to many , and usual ; neither is it otherwise then if a man beat the master , and disgrace him , and make his servant a free-man , and do him honour ( what a notable reproach should that be ? ) or as if a man should preserve the king's image , and in the mean time destroy the king. b. it is even as thou sayest : but i would have thee say what is more to be shewn . a. many use to say , i swore with my tongue , but my mind is free from swearing . any thing may be more cunningly excused then an oath : let him not suffer any colour to be made for himself ; for this is an oath : and how much mischief , tell me , comes from deceit it self ? let us see what an oath is : nothing else but the very meaning ( or mind ) of those things which we set down — thou wouldst have me add what remains : surely an oath is nothing else , but a certain consummation as it were of mischiefs : o dangerous flame ! b. but plato doth some such thing . he is religiously aware , that he swear not by any god. a. truly i know what thou art about to say : there was a certain plane tree , by which alone he made oath : but he did not swear rightly , neither by that ; for he had an understanding in something ; but what a just & religious oath should be , that he could not understand . and what was this , tell me now ? a certain shadow of an oath ; a declaration without a name ; an oath no ▪ oath , as the philosophers swore by a strange and unknown god. lastly , it is nothing else , but to make oath by any thing . here our speech let be an end. thou threatnest that thou wilt leave me athirst sooner then i would . a. if an oath seem a small thing to thee , truly i cannot commend thee : but if it is , as it is , in the number of horrible things , i will also dare to produce a mighty thing : i do adjure by a very oath it self , that thou abstain from , and beware of oaths , and thou hast the victory . b. i wish i had . what fruit gets he that often sweareth ? laughter . what more ? that when he speaks truth , he shall not be believed . in another place he saith , that to swear by creatures is to swear with regard to god himself ; so christ himself saith , mat. . . and chap. . , . caesarius , num. . xlviii . caesarius , brother to gregory nazianzen ; in his spiritual sentences , hath this sentence , flee all swearing , or every oath : how then shall we get belief ? as well by speech as by virtuous actions and carriages , that gain belief to our speech . perjury is a denying of god : what need of god in this matter ? interpose and put in ure thy actions . epiphan . adv . heres . lib. . ord . . §. . xlix . epiphanius , whom s●crates scholasticus , lib. . cap. . calls a man of great fame and renown , and a virtuous and godly person ; in his first book against heresies ●not accounting denying to swear an heresie , but rather the contrary , as may appear by his words , which are these ) in the law , as well as the gospel , it is commanded not to use another name in swearing : but in the gospel he commanded not to swear , neither by heaven nor earth , nor other oath ; but let yea yea ; nay , nay ; be as an oath as petavius translates it ) for what is more then these is of evil. therefore i suppose that the lord ordained concerning this , because of some mens allegations , that would swear by other names ; and first , that we must not swear , no , not by the lord himself , nor by any other oath ; for it is an evil thing to swear at all . therefore he is evil that compels not only to swear by god , but by other things , &c. ambros . de virgin. lib. . l. ambrose , soon after , being a lay man or citizen of milan , was by the people , against his will , chosen bishop of that city , for his great worth and godliness , whose writings are of great account ; and speaking of the inconveniency occasion'd by an oath , saith , wherefore not without cause doth the lord in the gospel command not to swear , that there may be no cause of forswearing , that there may be no necessity of offending . he that sweareth not , certainly he never forsweareth ; but he that sweareth , sometimes he must needs fall into perjury , because all men are subject to lye. do not therefore swear , lest thou beginnest to forswear . therefore the lord , who came to teach the little ones , to inspire novices , to confirm the * perfect , saith in the gospel , ye must not swear at all ; because he spoak to the weak . lastly , he spoak not only to the apostles , but to the multitude ; for he would not have thee to swear , lest thou shouldst forswear . and he added , not to swear , neither by heaven , nor by the earth , &c. namely , by those things that are not subject to thy power . the lord sware , and shall not repent . he may swear , who cannot repent of his oath : and what did the lord swear ? that christ is a priest forever : is that uncertain ? is that impossible ? the lord has sworn . can it any way be changed ? do not therefore use the example of an oath , because thou hast not power to fulfil an oath . also , in his commentary on the hebrews , he saith , because mankind is incredulous , god condescendeth to us , if even he sweareth for us . so that he shews , that not to be an argument for swearing to be desired , seeing it is only in condescension to a defect ; not to be encouraged from it to swear , or to require it . chrysost . on gen. hom . . li. chrysostom , in those dayes very famous in the church , and therefore styl'd the golden doctor ; in his th homily on genesis , saith ; a christian must flee oaths by all means , hearing the sentence of christ , which saith , it was said to them of old , thou shalt not forswear ; but i say unto you , swear not at all. let none say therefore , i swear in a just business . it is not lawful to swear , neither in a just nor unjust thing . to swear is of the devil , seeing christ faith , for what is more , is of evil , or the evil one. swearing took not its beginning from the will , but from negligence only . thou hast heard ( saith he ) the wisdom of christ , saying , that not only to forswear , but also in any manner to swear , is devilish , and all a device of the evil one. if to swear is found to be devilish , how are they to be punished who forswear ? if to swear truly be a crime , and a transgressing of the commandment , where shall we place perjury ? speaking of a christian ( so call'd ; for he that dare do such things we cannot call a sincere christian ) whom he saw compelling a certain honest , ingenuous , modest and faithful matron , to go into the jews synagogue , there to be sworn about some business in controversie betwixt them , she desiring help , and imploring to be freed from this wicked force , &c. i ( saith he ) kindled with zeal , arose , and not suffering her to be further drawn into this prevarication , rescued her ; and enquired of him that had drawn her to it , whether he were a christian or not ? who confessing he was ; i severely urged and upbraided him with his folly and extream madness , to go about to draw any body , he professing himself to be a worshipper of christ , to the jews dens , who had crucified him . and going on in speaking , i taught him out of the holy gospel , that it is not lawful to swear at all , nor to incite any to swear , after that ; not one that is a believer or initiated , no , nor one that is not initiated , to be drawn to that extremity : after i had spoaken much , and a long time of it , i delivered his mind from the error of opinion , &c. be pleased to observe how chrysostom , a zealous and famous man , both for his books , and the persecution that he suffered , being patriarch or prime oversees of the church at constantinople , one of the four of the chiefest in the world , uses no distinction of private and publick oaths , the common talk of our imposers ; for here he labours against drawing any to swear at all , even in judicature , because it was not lawful to swear so at all , no , not as the jews swore , much less as the gentiles . again , let none say to me , what if any lay on me a necessity of swearing ? and what if he do not believe ? certainly where the law is violated one , must not make any mention of necessity ; for there is one unavoidable necessity , not to offend god. moreover , this i say , that in the mean time we may cut off superfluous oaths , those , i mean , which are made rashly and without any necessity amongst friends and servants ; and if thou take away these , in the other thou shalt need me no more : for that mouth which hath learned to fear and flee an oath , if any would compel it ten thousand times , it will never admit of falling into that custom , &c. but if thou fear nothing else , at least fear that book which thou takest in thy hands , bidding another to swear ; and when thou turnst it , and markst what christ hath there commanded concerning oaths , quake & forbear . what doth it say then of oaths there ? answ . but i say unto you , swear not at all . dost thou make that law an oath , which forbids to swear ? oh injurious , oh unjust thing ! for thou dost , as if a man should take for his companion a law giver that forbids to kill , and command him to be made a murderer . as therefore , when a fight is begun , although we are often reviled ; yet we endure it well , and we say to him that doth it , that patron of thine hath hurt me , he holds my hands ; and this serves us for solace . after the same manner if thou wilt exact an oath of any , restrain thy self , and with-hold ; and say to him that is about to swear , what shall i do to thee , sith god hath commanded , neither to swear , nor to compel to swear ; he now with-holdeth me ? this is enough for the law-giver's honour , for thy security , and his fear who should swear . do thus much for me therefore , that they that come hither may say , that is not to be seen in any city , which is at antioch ; for they that inhabit that city had rather their tongues should be cut out , then an oath should proceed out of their mouth , &c. what is it ? thou shalt render unto the lord thy oaths : that is , in swearing thou shalt speak true ; but i say unto you , not to swear at all : and then , to put off the hearers , that they should not swear by god , he saith , neither by heaven , for it is the throne of god ; nor by the earth , for it is his foot-stool , &c. for he said not , because the heaven is fair and great , nor because the earth is vile ; but because that is the throne of god , and this his foot-stool ; by all which he drives them to the fear of god. — what then , if any require an oath , and impose a necessity of swearing ? a. let the fear of the lord be more forcible to thee then all necessity or compulsion : for if thou wilt alwayes object such like occasions , thou wilt keep none of those things which are commanded : for thou mightst also say it concerning thy wife ; what if she be a scold ? what if she be nice and curious ? and of thy right eye ; what if i have a delight in it , and be inflamed with the love of it , & c. ? and so thou wilt trample upon all things that are commanded . but in the laws which men command thou darest alledge no such thing , as , what if this or that , & c ? and if thou wilt keep the law of christ , thou wilt not suffer any compulsion to hinder thee from the observation thereof ▪ for he that heard the blessedness that is before , in the same sermon , and shews himself such an one as christ commendeth , he shall suffer no such compulsion from any , seeing he is venerable and admirable with all men. what then shall we say is beyond yea and nay ? a. without doubt an oath , not perjury ; sith this is altogether manifest , and none needs be taught that it is of evil ; and not so much superfluous , as altogether contrary . now , that is superfluous which is added needlesly , and too much ; which surely is an oath . why then shall this be said to be of evil ? and if it was of evil , how was it commanded in the law ? a. thou wilt say that also concerning thy wife ; how is it now adultery , which was sometime suffered ? what then shall we say to these things ? but that many of those things which were then spoaken , the weakness of them that received the law required : for it is a thing very unmeet for god to be worshipped with the smell of sacrifices , even as it is not congruent for a philosopher to stutter and bable ; therefore such a divorce is now called adultery ; and an oath now comes of evil , when the increasings of virtues are come to their perfection . but if these things had been the laws of the devil from the beginning , they had never come to such proficiency ; for unless those things had gone before , those other had never been so easily received . do not therefore desire the virtue of those things , whose use is now past : they were available indeed then when the time required , yea , if thou pleasest , now also : for now their virtue is shewn in that same thing also , wherein we most accuse ; for that they now appear such , is their great praise : for , unless they had nurs'd us up well and profitably , and had made us fit for the receiving of greater things , they would not now seem to us to be such . for as the nurse's teat , when it hath done all its office , and brought the child to the measure of the stronger age , seems to be unprofitable ; and the parents , who formerly judged the teat to be necessary for their child , do afterward pursue it with very many scorns , and usually do not only make it uncomely in words , but also besmear it with certain bitter juices of herbs , that when they cannot bridle the eager unseasonable desire of the child about it , they may quench it at least with those things . so also christ said , it was of evil ; not that he might shew the old law to be of the devil , but that also he might recall them more vehemently from the old vileness : and these things he said unto his disciples ; but unto the stupid jews , and them that persist in the same impiety , as with a certain bitterness , he so compast their city , they being captivated with fear , as that he made it inaccessible : and because he could not hereby restrain them , but that they again desir'd to see it , as children running back to the teat , he took it quite away , destroying it , and scattering them , most of them , far away from it ; as men usually shut up calves from their dams , that they may gain them to be weaned from their accustomed food of milk. but if the old testament were of the devil , he would not have forbidden * images to be worshipped ; and to the contrary , have brought in and commanded such a worship as this ; for the devil would have such a thing to be done . but now we see that the law did on the contrary ; and for that cause also the way of swearing was in times permitted , † lest men should worship images , and swear by them , swear , saith he , by the true god. so the law brought not a mean good to men ▪ but a very great one , if it sought to bring them to solid meat . what evil therefore hath swearing ? much evil , without question ; but now at this time , after so great manifestations of power ; not then by any means . thou wilt say ; how can it be , that the same is sometimes good , sometimes not ? i will also produce too against thee , how is it that the same thing is sometimes good , sometimes not good ▪ doth not all that is in the world proclaim the same , as , educations , arts , fruits and all other things ? therefore first weigh that in our own nature : for to be carryed in one's arms , is a good part in the first age , afterwards a very pittiful thing . to use chew'd meats in the beginning of one's life is good , afterwards very full of indecency and loathsomness : to be fed with milk & to flee to the nourishment of the teats , at the first is profitable and wholsome , but afterwards hurtful & noisom . thou seest how the same things are sometimes good , according to the times , and sometimes appear to be of another nature : for it is a comely thing for a child to wear a child's vesture , but shameful for a man. wouldst thou also learn on the contrary , how those things are not fit for a child , which are not for a man ? give a man's vesture to a child , and great laughter will follow thereupon , and greater danger in going , making him to reel this way and that way : commit unto him the care of civil businesses and affairs , either to traffique , or sow or reap , and again it will be very ridiculous . but what do i speak of these ? even man-slaughter it sel● , which christ calls evidently a work of the devil , sometime in due season done , hath been praised ; as phineas killed a man , and it was reputed to him for righteousness ; abraham also was not only a homicide , but a parrici●e ; and peter sl●w ●wo , but it wa●● spiritual wo●k : so we must not only consider the actions , but the time , cause , will and difference of persons , and all other circumstances . again , in his 〈…〉 work , cap . it hath been said , thou shalt not for●wear ; but shalt perform to the lord thy oath● but i say unto you , swear not 〈…〉 ] behold the fourth command , ●hi●h covetous men account the least , because they do not account it a sin to swear , without which the command of the law cannot stand ? for unless swearing it self be forbidden , false oaths cannot be taken away , because out of swearing springs up forswearing ; for , whosoever swears often , at one time or other swears falsly ; for this reason solomon gives that admonition , accustom not thy mouth to swearing ; for there is much danger therein . for , as he that accustoms himself to talk much , must needs at one time or other utter unseasonable words ; and he that useth frequently to strike with his hand , cannot but sometimes strike unjustly ; so he that accustoms himself to swear in things convenient , oft-times forswears himself , even against his will ( custom prevailing in him ) in things superfluous ; for we can accustom our selves to any thing when we will , but we cannot turn off that custom when we will. and what the judgment of god is against them that swear , solomon teacheth ; a man , saith he , that swears much , a wound shall not depart from his house . if then a wound depart not from them that swear , how shall it at length depart from them that forswear . tell me , my friend , what dost thou get by swearing ? for if thy adversary did believe that thou would'st swear well , he would never force thee to swear at all ; but because he thinks thou wilt swear falsly , therefore it is that he compels thee to swear ; and when thou hast sworn , he doth not sit down as satisfied in the truth of thine oath , but goes away full of revenge , as it were in condemnation of thy perjury . an oath never has a good end ; for , some will judge thou hast sworn for covetousness ; and some too , that thou hast forsworn : but they that are willing to suppose well of thee , although they do not believe thou hast sworn falsly , yet they are not able to affirm thou hast sworn in truth : but no man can maintain thou hast done religiously . by swearing therefore thou comest into reproach with thy enemies , and into suspicion with thy friends . but thou wilt say perhaps , what shall i do ; he neither doth nor will believe me , unless i swear ? be content rather to lose thy money then thy salvation ; set more by thy soul , then by thy estate : if thou shouldst lose any part of thy estate , thou may'st live notwithstanding ; but if thou losest god , whereon wilt thou live ? dost thou not know , that what thou partest self-denyingly with for the fear of god , thou receivest a greater reward for it , then if thou hadst given alms ; because , the more we bear the gross , the more worthily are we crowned for it ? behold , my friend , i advise thee not to force any man to swear ; if thou thinkest he will swear well , avoid it ; or if thou thinkest he will swear amiss , avoid it so much the rather : for although he swear well , yet thou , as far as relates to thy conscience art become the cause of his perjury , because thou compellest him to take an oath with this intention , not barely that he should swear , but that he should forswear ; for if thou hadst thought he would have sworn honestly , thou wouldst not have forced him to swear at all . oh foolish man , that compellest another to swear ! thou knowest not what thou doest : he , although he forswear himself , yet does it with advantage ; but thou , without any advantage , art found a partaker of his perjury . he that does not stick at lying , does not fear swearing ; for he that tells a lye , goes beyond the truth in his heart ; and he that swears falsly , passes over god in his words : what then is the difference between passing over god , and going beyond the truth , seeing god is truth it self ? this is the only difference , that when we lye , we pass over the truth in our heart ; but when we forswear , we pass over god in words ; for , to men we give satisfaction by words ; to god , by conscience . god himself , who forbad forswearing , even he afterward commanded not to swear : he therefore that is not afraid to set light by the commands of god in swearing , will not be afraid to do the like in forswearing . but what wouldst thou have ? doth he fear god , or doth he not fear him ? if he be one that fears god , he will not lye , though he be not sworn ; but if he be one that does not fear god , he cannot speak truth , though he be sworn . hear , ye clergy-men , who bring the holy gospels for men to swear upon ; how can ye be secure from that oath , who sow the seed of perjury ? he that brings the fire by which an house is burnt , is he a stranger to the burning ? or who reaches a sword , whereby a man is slain , is not he an accessory to the slaughter ? so he that gives the opportunity of forswearing , is a partaker of the perjury : if it were well done to swear , ye said rightly , that we gave them the gospel to swear , not to forswear ; but now ye know , that it is a sin even to swear well , how can ye be acquitted that give the occasion of sinning against god ? let the fire cease , and there is no burning ; take away the sword , and the man is not slain ; so take away swearing , and there is no forswearing . be these things spoaken of them that swear by god ▪ but as for them that swear by the elements , their iniquity is more detestable ; for heaven and earth , and the rest of the elements god made for his own service ; not for men to swear by : for , behold , in the law it is commanded , that they should swear by none but god : he therefore that swears by heaven , or by the earth , or whatsoever it is he swears by , makes a god of it ; therefore every one commits idolatry , who swears by any thing besides god , if it were at all lawful to swear , because he does not perform his oaths to the lord his god , but to the elements : and so he commits a double sin ; first , in that he swears ; and dly , in making a god of that by which he swears , &c. again , in chap. . homil. . on these words , wo unto you blind guides , who say , whosoever shall swear by the temple , it is nothing ; but whosoever shall swear by the gold of the temple , he is a debter — many christians ( saith he ) now adayes do so unwisely understand many things ; for lo , if there shall be any cause , he seems to do a small matter , who swears by god ; but he that swears by the gospel seems to have done some greater thing : to whom it may be said , fools ! the holy scriptures are for god , not god for the scriptures ; for god is greater which sanctifieth the gospel , then the gospel which is sanctified of god. again , hom . on acts of the apostles , ch . . to this conduces not a little , not to swear , and not to be angry ; for , in not being angry , we shall not have an enemy ; and cast off a mans oath , and withal thou shalt cast off those things that concern wrath , and shalt extinguish all anger : for wrath and an oath are like the wind. we set forth sail , but there is no benefit of the sail if there be no wind : so if we do not cry out , nor swear , we cut the sinnews of wrath. come , tell me for what cause an oath was introduced , and why it was allowed ? let us tell its original , and whence it sprung up again , and how , and by whom ; and by our declaration we shall gratifie your attention : for , he that doth justly , must necessarily be also studious of wisdom ; and he that is not yet such , is not worthy to hear a discourse : for , abraham made covenants , and sacrificed sacrifices , and offered offerings ; and as yet there was not an oath : whence then came in an oath ? when evils increased , when all things became topsiturvy , when they inclined to idolatry ; then verily when they appear'd unfaithful , they called god to witness , as giving a surety for security for their words ; for an oath is a suretiship , where their behaviours have no trust or credit : whereupon , first he that swears is taxed , if he have no credit without an oath , and the greatest surety : and because men so little trust one another , they seek god for a surety , not man. secondly , he is in the same crime who receives an oath , if he draw god to be a surety for contracts ; and say , that he will not trvst except he have him . oh monstruous thing ! oh shameful disgrace ! thou a worm , dust and ashes , and a vapour ; darest thou snatch thy lord , who art such an one for a surety , and compellest to accept him ? tell me , if a fellow-servant should say to your children , striving among themselves , and not trusting one another , unless the common master become a surety , there is no trusting ; would not many stripes be inflicted , that he might learn , that he should make use of him as a lord in other things , not in these ? what do i speak of a fellow-servant ? for , if one would have a more venerable man , would not the case have disgrace in it ? but i shall ( saith he ) therefore neither compel him , because this is also amongst men . he may say thus , sometimes thou may'st not receive a surety to thine . what then ? and i shall lose ( saith he ) what is given . i would not say this ; but do not thou endure that god be reproached . therefore he which compels hath a more unavoidable punishment then he which swears . likewise he also which swears when none requires ; this also is harder , that one swears for a half-penny , for a little commodity , for unrighteousness . and these things are so dangerous , when there are no perjuries ; but if perjuries are committed , then all things are confounded , and both he that swears , and he that receives an oath , are the cause . but there are some things that are not known , say they . but sore-seeing these things , thou must do nothing rashly ; but if thou shalt do any thing negligently , take the penalty of the inconvenience in thy own hand ; better so to suffer loss then otherwise . for , tell me , thou halest a man to an oath ; what dost thou seek ? wouldst thou have him to forswear ? but this is extream folly ; for the loss will turn upon thy own head : it were better to lose thy means , then that he should be lost ; wherefore thou dost this to thy own dammage , and to god's dishonour ; such is the soul of a beast and of a wicked man ! but i expect that he may not forswear . therefore believe him without an oath also . but there are many , say they , who without an oath dare defraud , who with an oath do not do it . thou deceivest thy self , o man ! a man who hath learn'd to steal and to wrong a man , will also trample upon an oath often : but if he hath a reverence in swearing , much more in doing unjustly . but thou wilt say , he suffers this unwillingly . therefore he is worthy of excuse . but what shall i say of oaths of the courts that are left ? for there thou canst say no such thing ; for there for six pence both oaths and perjuries are made : for , because a thunder-bolt doth not come down from above , and all things are not overturned , thou standest , and wilt * bind god : why ? that thou mayst get herbs and shoes for a small price , thou callest him to witness . do we therefore think we do not sin , because they are not punished ? this is the lord's mercy , not our desert . swear by thy own child , swear by thy self ; say , so let the officer keep from my sides : but thou art afraid of thy sides ; is god more vile , more contemptible then thy head ? say , so may i not be blind ? but christ so spareth us , that he forbids us to swear even by our own head . but we do so despise the glory of god , that he is drawn every where : ye know not what god is , and with what a mouth he ought to be invocated . moreover , when we speak of any virtuous man , we say , wash thy mouth , that so thou mayst be heedful . but now we vainly distract that honourable name , which is a name above every name , which is wonderful in all the earth , which the devils hearing do tremble at : oh most contemptible custom which hath done that ! lastly , if thou shalt impose on any a necessity of swearing in the holy house , how horrible an oath dost thou enjoyn , if thou dost so ? is it that we abuse that simply , this not so ? ought not one even to dread when god is named ? but even among the jews this name was so reverend , that it was written on the pla●e of the mitre , and none might bear those letters of the name of god , but only the high priest : and now also we so bear his name tenderly . if it was not lawful for all to name god simply , how great audaciousness is it to call it in witness ? tell me now , how great madness is it ? behold , i say ▪ and testifie to you , amend those court-oaths , and shew me all those that do not obey : behold , even in your presence i will command them that are set apart for the ministry , the house of prayer , and admonish and shew , that it is not lawful for any to swear , nor otherwise neither . let him therefore be brought to me , whosoever he be , because these things also ought to be done before us , because ye are children . † oh shame ! for , it is confusion that ye have need to be instructed in some things . darest not thou that art initiated touch the holy table ? but that is yet worse , thou which art initiated , darest thou touch the holy table , and that which it is not lawful for all the priests to touch , and so swear ? but being gone out , thou wouldst not touch the head of thy child ; but touchest thou the table , and doest not dread nor fear ? bring such to me , i will inflict a just punishment ; and with joy will send both away with this commandment , do as you list , i * impose this law , not to swear at all : what hope is there of salvation , when you so contemn and despise all things ? hast thou therefore received letters and badges that thou shouldst lose thy soul ? what so great thing hast thou gained , as that which thou hast lost ? hath he forsworn ? thou hast lost both thy self and him : but hath he not forsworn ? even so thou hast lost , who hast driven him to transgress the commandment . let us expel this disease from the soul : let * us drive it now from the court , and from all merchants & tradesmen's shops . it was a greater labour to us , do not you think , that worldly things are corrected by the transgressings of divine laws . but he doth not believe , saith he ; for i have also heard this of some , unless i swear many oaths they will not believe me : thou art the cause of these things , who swearest so promptly and easily . but if this were not , but it were manifest to all , that thou wouldst not swear , believe me , more credit would be given to thy very beck , then those who swear abundance of oaths . whom therefore do you more believe , me that do not swear , or them that do swear ? but , sayes he , thou art a prince and a bishop . what then , if i shall shew thee , that it is not this only ? answer me in truth now : if i had sworn alwayes , and at every season , what priviledge would my principality have ? no , thou seest that it is not for this : what gainest thou then , tell me now ? paul hungerd ; and do thou chuse rather to hunger then to transgress any of god's commandments : why art thou so unbelieving ? shalt thou chuse to do and to suffer all things , that thou mayst not swear , and shall not he reward thee ? but he feeds daily forswearers and great swearers , and will he give thee up to famish , because thou hearkenest to him ? let all men know , that none may swear that are of this congregation ; and hereby we may be assured , and by this sign be distinguished from the greeks and from all men , and not only by the faith ( or christian - profession . ) let us have this mark from heavenly things , that we may shine with it every where , as the king's flock . we are now known by the mouth and the tongue , as the barbarians , and they that know to speak greek ; for we are discerned from the barbarians by the tongue . tell me now , how are parrets known ? is it not that they speak like men ? and we also may be known , if we speak like the apostles , and speak as the angels : for , if any one say , swear ; let him hear , that christ hath commanded , even not to swear : this sufficeth to bring in all virtue . it is a certain gate of godliness , a way bringing on unto the love of wisdom ( or philosophy ) it is a certain exercise ( or mastery ) let us keep these things , that we attain both present and future good things , by the grace of our lord jesus christ , with whom , to the father , with the holy spirit , be glory , dominion , honour , now and forever and ever , amen . these precepts were because of the jewish depravation ; but those perfect ones , to despise and relinquish riches , stand manfully , lay down thy life for preaching ; despise all earthly things ; have nothing to do with this present life ; do good to them that unjustly afflict thee ; if thou be defrauded , bless thou ; if any slander thee , honour thou him ; be over all things : it was fit to hear these and such like things ; but now we discourse concerning an oath . and it is even as if when a man should come to philosophy , he should draw him away from those his teachers , and make him spell with letters and syllables . consider now , what a confusion it would be for a man that hath a w●ighty scrip , and a staff , and a gown to go to the grammar-school with boyes , and to learn the same things that they do ; would it not be a matter of much laughter ? but more from you ; for there is not so great a difference betwixt philosophy and the elements of speech , as between the jewish matters , and ours ; but as much as is between angels and men. tell me now , if any should call down an angel from heaven , and tell him , that he must stand and hear our sermons , as if he must be thereby instructed , would it not be a ridiculous and confused thing ? and if it were a ridiculous thing to be yet instructed by these ; tell me now how great condemnation , and how great confusion were it , not to give attention to those former ? and how then is it not confusion , that a christian must be instructed , that he must not swear ? but let us repress our affections , that we be not more laught at . let us now discourse concerning the jewish law to day : what is that , will he say ? do not use thy mouth to swear , nor be familiar with the holy name . why ? for as a servant , if he be continually scourged , shall not be clear from marks , so neither he that sweareth . consider the wisdom of that wise man ; he said not , do not use thy mind , but thy mouth ; because he knew it to be all of the mouth , and which is easily amended , &c. the punishment here that is opposed to it , tells us , that it is not perjury , but swearing , that is here to be removed ; therefore to swear is a sin . verily the soul is full of such wounds and scars . but if thou swear because he doth not believe ; say thou , believe , or if thou wilt not , swear by thy self ; and i do not say , that thou art contrary to the law-giver : far be it ; for , saith he , let your word be yea , yea , and nay , nay ; that herein i may condescend to you , and bring you to this , that i may free you from this tyrannical custom . will you learn why they allowed them of old to swear , not to forswear ? it was because they swore by idols : you must not be confounded in these laws , in which they that were weak were conversant . for , if i now take a greek , i do not forthwith enjoyn him this ; but now i admonish him , that christ must be known : but a believer , and one who hath learned him , and heard , if he should use the same indulgence and liberty , as the greek , what profit and advantage would there be ? christ hath made a law , that none swear ; tell me now what is done about this law , lest perchance coming again , as the apostle saith , i do not spare . we hope none will dispute whether chrysostom was against all swearing , or that he understood christ's doctrine as we do ; yet no body can promise for them that endeavour to squeeze swearing out of christ's swear not at all. we have been the larger in this authority , partly because he excellently disputes it ; and partly , because our case needs it ; and lastly , to show christians their apostacy , that they may reform . jerom. libr. epistol . part . tract . . epist . . of obedience , knowledge and revenge . lii . thou saidst , if i mistake not , that on this account thou mayst justly render evil for evil , and oughtest to swear with them that swear , because the lord sometimes swore , and rendred evil for evil. first , i know that all things are not fit for us , that are servants , which are agreeable to the master , &c. i know the lord oftentimes swore , who hath forbidden us to swear ▪ nor must we rashly speak evil of , or blaspheme in this , that he forbad another what he did himself ; because it may not be said , the lord swore as lord , whom none forbad to swear : it is not lawful for us as servants to swear ; because we are forbidden by the law of our lord to swear . but lest we should suffer an offence by his example , since the time he forbad us to swear , neither did he himself ever swear , &c. upon zachary , book . chap. . and love ye not a false oath ] — as to the lord 's commanding in the gospel , but i say unto you , swear not at all ; but let your word be yea , yea ; nay , nay : he that shall never swear , can never forswear : but he that sweareth , let him hear that which is written , thou shalt not take the name of the lord thy god in a vain thing ; for 〈◊〉 these things i hate , saith the lord , according to the words of malachy , saying , and ye did all that i hate . in precepts which belong to life , and are clear , we ought not to ●eek an allegory , lest we seek a knot in rush , as sayes the comick . on jeremy . book . chap. . and thou shalt swear the lord liveth in truth and righteousness , and judgment , &c. and how doth the gospel forbid us to swear ? but ●ere it is said for a confession , thou shalt swear , and for the condemnation of idols , by which israel swore . lastly , offences are taken away ●d he sweareth by the lord ; and what is said in the old testament , the lord liveth , is an oath , to the condemning of all the dead , by whom all idolatry sweareth . and it is also to be minded , that an oath hath these companions , truth , judgment and righteousness ; if these be wanting , it is not swearing , but forswearing . also on matth. book . chap. . but i say unto you , swear not at all , neither by heaven , &c. the jews had alwayes this custom of swearing by the elements , as the prophet's speech often reproves them . he that sweareth , either reverenceth or loveth him by whom he sweareth : in the law it is commanded , that we must not swear but by the lord our god. the jews swearing by the angels , and the city jerusalem , and the temple , and the elements , did worship the carnal creatures with the honour and observance of god. lastly , consider , that here the saviour forbad not to swear by god , but by heaven , &c. and this was allowed by the law , as to little ones , that as they offered sacrifices to god , lest they should sacrifice to idols , so also they were suffered to swear by god ; not that they did this rightly , but that it was better to yield that to god then to devils . but the truth of the gospel doth not receive an oath , since every faithful word is for an oath . those of after times , that in some respect allow of an oath , ground most upon the authority of augustine , as he from the larger acceptation of the word swear and oath , which he extends to that which nazianzen ( as before ) calls but a firm faithfulness joyned to his words , which yet he will not admit of , but to a paul , a planter of churches , speaking by the spirit of god to them he had begotten in the gospel , in danger to be seduced by false apostles , and to sleight him , and seek a proof of christ speaking in him , compelled by them to seem a fool in glorying , and so driven , and no otherwise , to seem a swearer too , yea , even to an augustine , and so to compel him ( even augustine ) to say , it is a hard question ; i have alwayes avoided it . but though he durst not condemn it altogether out of reverence to the apostle , which he thought used it , because of the form of speech ; yet to shew that he did little encourage men to practise it , as any act at all of the worship of god , much less an august act , he saith , that false swearing is deadly ; true swearing , dangerous ; no-swearing , safe ; god only swears safely , who cannot be deceived . augustine de sermone domini , serm. . liii . and augustine himself confesseth , that it was usual to alledge christianity for not swearing , bringing in one saying , it is not lawful for a christian to swear , when an oath is required of him ; lam a christian ; it is not lawful to swear . and on psalm . as allowing the unlawfulness , he saith , it is well that god hath forbidden men to swear , lest by custom of it ( inasmuch as we are apt to mistake ) we commit perjury . there is none but god can safely swear , &c. and in that very book , which is alledged for it , he saith , i say unto you , swear not at all , lest by swearing ye come to a facility of swearing ; from a facility to a custom ; and from a custom ye fall into perjury . but if any think that book makes most for them , let them consider the author hath retracted it ; for what cause let himself speak in the end of his book of retractations : for sure , that which we have here cited out of it , agreeth with his other works , which contain much more to this purpose . where , sayes he , wouldst thou chuse to walk ? upon the brink of a precipice , or far from it ? i think far from it . so he which swears , walks in the border , and walketh with unsure feet , because humane : if thou stumblest , down thou goest ; if thou fallest , down thou goest . we would fain know , if a most august act of god's worship be nighest the pit's brink , or farthest from it ? for there all ought to chuse to walk ; in whose way they that walk , walk safely ; their place is sure , and their foot-steps shall not slide ; but the wicked's feet are in slippery places , where augustine says , swearers walk . consider what he saith on those words of christ in mat. . it is the righteousness of the pharisees , not to forswear ; this he confirmeth , who forbiddeth to swear , which * belongeth to the righteousness of the kingdom of heaven : for , as he which doth not speak , cannot speak a lye , so he cannot forswear , which doth not swear . he goes on to excuse paul , and sayes , that an oath is not among good things , but among † evil things , and used for the infirmity of others , which is evil , from which we pray , that we may be daily delivered . but there is this to be said for augustine , and some others after him , that he and they write not clearer in a point so constantly maintained ; his horizon then was over-casting apace . apostacy , as a mighty torrent , did not only swell and beat against the simplicity of the christian-doctrine and discipline ; but like an unruly and impetuous sea broak down the banks of primitive society , and made way for all sort of superstition , worldly interest & fraud ; that , to say no more then he did , was to incur , perhaps , the censure of the grandees of his age , who had joyn'd earthly policy to christian-religion , and cast off the blessed yoak of their self-denying lord , to swim in the delicious liberty of the world : a time full of such circumstances as seem'd to conspire the return of oaths , that were not dead , but retired only : for as men grew false and distrustful , truth became burdensom , and yea and nay no security with them ; and therefore declin'd , or rather exil'd them their government ; old judaism or gentilism pleas'd them better . 't was harder living that watchful life that was sufficient to credit a yea or nay , then to take an oath , that dependeth upon the saying of so many words only : this was considerable , and made swearing then , and continues it grateful to our very times . but sad it is , that oaths rid thus in sate , while integrity went barefoot , and evangelical yea and nay turn'd off for a non-sufficient , and that too , not without fines , prisons , and a great deal of reproach . however , we must acknowledge , that the gravity and christian care of this person , and other his contemporaries , appeared in not only disswading , but deterring those ages from the brink ( for so he calls swearing at all ) and turning their faces after the woman , now on her flight into the wilderness : during all which time , the witnesses , though fewest in number , and mystically cloathed in sack-cloth , forbore not to prophesie even in this particular . and we hope , having no certain knowledge to the contrary , that most of them , at least that were men fearing god , and serving him according to what they knew and in that manner they were perswaded was most acceptable to him . and as irenaeus said of the poets and philosophers , these men , every one seeing that which was connatural from part of the divine-sown-reason , spoak excellently , and where right and consistent with themselves , they are ours , iren. lib. . cap. . so we sincerely declare of men differing from us , that as we desire the good of all , so we can own the good in all , and the truth in all , and receive it from them , though in other respects our adversaries ; and would have all to do the like with us and each other : and howbeit our adversaries may have hard thoughts of some of the persons our matter leads us to instance , as men interessed in the doctrine and practices of those darker times they lived in , and of us for making use of such for authorities ; yet we hope they would also judge it an hard and very cruel thing to repute them utter cast-awayes . and though we know that men differ within themselves , and all of them more or less from the truth , yet since there may be some truth and sincerity , we cannot but acknowledge and embrace : and we hope , the reasons and authorities of others they bring , and the concessions and confessions they make , may , and indeed ought to be of weight in that point , at least to shew , that it is no new , strange or unreasonable thing for us to refuse oaths . and though some might with a mixture of sup●rstition and w●ll-worship , undertake and maintain that strictness and preciseness , which some of the holy ancients by the spirit of truth were led to practise ( the ancient hist●ries of whom , from eye-witnesses , as the word signifies , of some of them , we in a great part believe ) and some later more enlightened and zealous men , taking offence thereat , but especially at the hypocrisie and abomination , palliated by such fair pretences , have streined much in opposition to that evangelical doctrine , yet is the doctrine nevertheless a truth in it self . nor can we believe that all that were accounted hereticks , were out of the catholick or universal church ; for the word catholick signifies vniversal , containing all that are in the church ( that is in god the father of the lord jesus christ ) in all times , and those were not all of the same mind in all things , as may be read in the holy scriptures , and also in eusebius and other ecclesiastical histories , where men are commended for holiness and virtue , yet at much difference in some things . synesius , though he believed not the resurrection , was chosen to minister , and afterward was made a bishop , the charity of christians was so great in that age. and some accounted hereticks , suffered martyrdom , that are commended or excused by eusebius ; one in particular that dyed with polycarpus , and another called asclepius , called marcionites . see also the beginning of his eighth book concerning the divisions among them that afterward suffered for the testimony of the universal or catholick truth ; nor can we receive their judgment , that branded those with the name of hereticks , pelagians , &c. who denyed swearing in those declining ages , and suppressed their works under that name and aspersion only ; not allowing them to speak for themselves to us of latter times . we see how unjustly we our selves are aspersed in almost every doctrine we hold , and that under pretence of serving god ; particularly , with seeking to work our salvation by our own power , and when they have made us this belief , they bestow pelagianism upon it ( for fathers have right to name their own children ) whereas of all other people , we especially disclaim our own ability , and wait to be renewed and guided by the spirit of christ , and to be found in his righteousness , and therefore on the other hand reputed phanaticks , enthusiasts , &c. and mocked for being moved by the spirit , following the light , &c. but let their example or authority be as it will , or however they were in other respects , the doctrine of the ancient primitive fathers , and practice of that church , as also the doctrine of famous men among themselves , neither of which sort dare they condemn for hereticks , do sufficiently defend them from the aspersion of heresie in that particular : and so we shall come to our remaining testimonies , it being our business , not to maintain every one of their principles we cite ; but this doctrine of swear not at all , to have had the voice of several ages to confirm it . the ancient waldenses , reputed to have continued vncorrupted with the grosness of the apostacy , ever since the apostles times ( see their history in p. perin , s. moreland and bp vsher de succes . ) we have good cause to say , denyed the taking of any oath in what sense the primitive christians and fathers refused , and that was altogether . sure , their enemies charg'd them with it for above three hundred years , and we cannot find they then denyed the charge : we suppose none will attempt to prove they did ; though one of our adversaries joyns with theirs , traducing them for perjurers , and with them abuses that worthy and learned man bp. vsher , who defends them from that improbable and contradictory aspersion , of lying and forswearing , and yet of denying to swea● ; who sayes , that they were as far from lying and forswearing , as their enemies were from mod●sty and truth , which did appear in that they were charg'd by them , not to swear at all : peruse that part of his book de successione , where he treats of them ; and where also you may read of their succession , how that the syrians & armenians came out of the east into thracia , thence in process of time into bulgaria and sclavonia , thence into italy and lumbardy , and were called by several names , of several people , or at several times , as manichees , waldenses , albingenses , cathari or puritans , patrins , publicans , humiliati , &c. who were charged with denying swearing ; and how that several of the better sort of the clergy , and of the nobler laity ( who refused the present use of baptism and the lord's supper ) were burnt under the name of manichees . suarez also reckons-up the catharists , alba. bagnald , and others which prateolus and castro relate , the waldenses , the anabaptists , &c. and which jansenius also out of augustine , epist . . the pelagians out of hilary syracusanus , epist . . bernard homil . . on cant. the fathers , sayes he , seem to favour this opinion , especially basil , hom . in psal . . chrysostom hom . . . ad popul . and . on mat and theophylact on mat. . origen tract . mat. tertullian de idololat . clem. rom. l. . constitut . apost . maldonat on mat. . . saith , the anabaptists , the wickliffists , some syracusans , a kind of pelagians , denyed swearing , and that origen was not far off that opinion . here the hereticks , as accounted , and the fathers are reckoned up together , as holding the same opinions : sure in this they were not hereticks ; for then the fathers should be condemned with them , and called hereticks too , as well as they , or else these men are partial and contradictory . on jam. . of the words of the apostle , thus , ser. . perhaps it is meet for the lord alone to swear , who cannot forswear . and so he goes on to shew how hard it is for men to avoid perjury . in serm. . ad competentes : let them not only abstain from perjury , but from swearing ; because he doth not lye who saith , a man swearing much , shall not depart from iniquity , and the plague shall not depart from his house , eccles . . but if it were an august act of the worship of god , he would on the contrary have exhorted at least , if not commanded them to swear , which we never read any command for , but in opposition to idols , even in the time of the old-testament-writings , as the testimonies before alledged declare , and in the time of the new , no command at all ; but on the contrary , a prohibition by the lord himself , and another by his apostle , nor any example ; for that of paul's was but an asseveration , as by the testimonies already produced , and to be alledged appears : for besides those of the fathers and other doctors , of late bp. ro. sanderson in his oxford lectures , shows , that is sometimes used in the form of an oath which is no oath ; and so he defendeth joseph from breaking god's command , that is , not to have sworn so ; and therefore not to have sinned , but to have used an asseveration , as if he had said , as sure as pharaoh liveth ye are spyes : so may paul be defended against the breaking christ's command , as if he had said , as sure as ye , or as some greek copies have it , we rejoyce in christ jesus : for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which they translate , i protest by , hath sometimes the same signification that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , yea , hath , as may be seen in scapula ; for he sayes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( translated , i protest by ) is a particle , sometimes of granting and affirming ; sometimes it is put for verily , indeed ; and he interprets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the same word , which is translated yea , which scapula saith , is also sometimes used in swearing , and cites aristophanes and xenophon for it : and that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used also in composition , for affirming , as in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , profusus , lavishing ; which cannot signifie swearing . and how easily might the transcriber , through that common use , alter a letter , being of the same signification , seeing in that very verse , in some copies , there is not only in another word an alteration of a letter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , our and your , but in another word five letters , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , referring it to the verse before ; yea , a whole word of seven letters added , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and of about thirty greek copies there are not two of them that agree , but they interfer , some in one place , some in another ; insomuch that there are thousands of various readings , which many of the ancient fathers diversly follow , some one , some another . see the ( various lections ) variae lectiones graec. nov. test . in bp. walton's polyglot , vol. . also the preface and beza's epistle therein : and consider how hard a thing it is to construe , limit , and lay the interpretation of the sayings of christ and his apostles , and the weight of a doctrine , and that as men would avoid penalties too , upon a letter ( which yet alters not the signification ) upon credit of the transcribers , especially in paul's epistles , wherein peter sayes , many things are hard to be understood , and wrested by the vnlearned , which he must needs intend in such learning as he himself had , and that was not of worldly academics ; but from the holy spirit . and these words , which are joyned with that particle , are not such words as men use in swearing , but for a ground of his fidelity , and a remedy against their incredulity , and questioning of the weight of his assertions , amongst whom other teachers were preferred , and who compelled him to speak as a fool , he says , even to commend himself . so that it is not strange , if to them , and not to other churches , he used such forcible asseverations from the testimony that they had of him , of the truth and work of christ in ●im , and the record thereof upon his soul , and his joy therein , that he spoak the truth to them , and did not lye ; so that he brings his perfections against their imperfections , to gain belief , which can amount to no more then a voluntary condescension for the time being , and cannot prove or countenance a compulsory , promissory , formal , ceremonial oath to be exacted or taken up for the future . but mark , that the word oath , or swear , used both by christ and the apostle james in their prohibition , is never used by paul in his asseverations , neither doth he ever apply it to brethren ; b●t speaking to them of the oath that was in old time , and of men ( indefinitely ) that use to swear , he saith , men swear , and to them an oath is for confirmation ; that is , as among the jews and heathen ; he doth not say to vs , or to you ; or we , or ye swear , who are not in strife , which , if had that been true , it might have stood the present oath-advocates in stead : so that such as will have it , that paul swore , must being the word swear , or oath , to prove it ; but if they could ▪ his example then were not enough to invalidate to us now the command of christ , for the abolishing of swearing , no more then his shaving his head at cenchrea , because he had a vow ; or his purifying himself in the temple , and offering with the four jews that had a vow ; or his circumcising of timothy , because of the jews , can warrant us to the observation of those legal rites and ceremonies , which so long since are not only dead , but deadly , as the fathers and bp. sanderson distinguish about them . and those that would therefore bring in swearing and vows , might under the same colour , bring in sacrificing and circumcising too . liv. isidorus pelusiota , who as euagrius schol. writes , lived at the same time with cyrill , and that the fame of his sayings and doings was spead far and near , and rise in every man's mouth , that he led on earth the life of an angel , and wrote many notable works , amongst which are his epistles , in one whereof he writeth against swearing thus ; if thou art of our flock , and art ordered under a good shepherd , deny the nature of wild beasts , and obey his voice that forbiddeth to swear at all. moreover not to swear is , not to require an oath of another : now , if thou wilt not swear , neither require thou an oath of another , for two causes ; either because he who is asked loves truth , or on the contrary to lye : if the man speaks truth usually , he will alwayes speak truth without an oath ; but if he is a lyar , he will lye , though he swear : therefore for both these causes , one ought not to require an oath . lv. chromatius , bishop of aquileia , about or not long after that time , upon these words , but i say unto you , swear not at all , paraphraseth thus ; the law ( saith he ) given by moses received a growth , proficiency or perfection by the grace of the doctrine of the gospel . in the law it was commanded , not to forswear ; but in the gospel not to swear : which very thing heretofore the holy ghost did premeditate that solomon should command or teach , saying , let not thy mouth use to swear . and again , as a servant beaten continually , is not lessened from the paleness of his stripes ; so every one that sweareth , shall not be purg'd from sin. wherefore it is not meet for us to swear at all : for , what need is there for any of us to swear , seeing that it is not at all lawful for us to lye ; whose words ought always to be so true , so very faithful , that they may be accounted for oaths . and therefore the lord not only forbids us to forswear , but even to swear ; that we may not seem to speak truth only when we swear ; that we may not think that those whom he hath appointed to be true in all their speech , may have liberty to lye without an oath : for this is the cause of an oath , because that every one who sweareth , doth swear to this end , that he will speak that which is true , and therefore the lord would have no difference to be between their oath and their word : because as in an oath there ought to be no perfidiousness , so in our words there ought to be no lye , in that both perjury and lying is condemned by the punishment of the judgment of god , seeing the scripture saith , the mouth which lyeth killeth the soul : therefore whosoever speaketh truth , sweareth ; because it is written , a faithful witness doth not lye. and therefore holy scripture ( not without cause ) often relates , that god hath sworn , because whatsoever is spoaken of god , who is true , and cannot lye , is counted for an oath , because all which he speaks is true — now we find god sometimes swearing , but it is for the perfidiousness of the jewish infidelity , who think that all truth consists in the credit of an oath ; therefore also god would swear , that they who would not trust god speaking , might trust him when he swore : therefore our lord saith , ye have heard it said of old , thou shalt not forswear ; but i say unto you , swear not at all , &c. lvi . theodoret on deut. . pag. . why doth the law command , that they should swear by god ? lest they should swear by false gods : for he said the same by the prophet , if thou takest the names of baalam out of thy mouth , and shalt swear , the lord liveth with truth : and here , when he had said , thou shalt fear the lord thy god , and him only shalt thou serve , and shalt cleave unto him and shalt swear by his name , he subjoyned , ye shall not w●k ●ter other or strange gods , which are of the gods of the nations , which are round about you . lyra saith the same . lvii . ordinary gloss . on mat. . . hath this sentence , a faithful speech ought to be accounted for an oath . lviii . johannes damascenus , parallel . lib. . cap. . bringeth a testimony of one nilus , against swearing . there was one nam'd nilus in aegypt , a martyr , mention'd by eusebius . another bishop of constantinople , spoaken of by socrates , both very famous ; the words are these : it is not profitable to swear , but very pernicious , and execrable and abominable : wherefore hereafter make an end of swearing ; nor commit such a thing , as that thy tongue use oaths . in the same place he alledgeth testimonies out of j. chrysostom , hom. . ad populum antiochenum . lix . cyrill , whom evagrius scholast . styles renown'd , in his commentary on jeremy the th ; and shall swear , the lord liveth in truth , and in judgment , and in righteousness ; saith , let us look , who swear , how we do not swear in judgment , but without judgment ; so that our oaths are by custom rather then judgment ; we are lashed therefore , and the word reproving that same thing , saith , and if he shall swear the lord liveth in truth , in righteousness and judgment : for we know it is said in the gospel by the lord unto his disciples , but i say unto you , that you swear not at all. but let us consider also this saying , and if god grant , both shall be rewarded : for , perhaps , it first behoveth to swear in truth , in judgment , and in righteousness ; and after one hath made proficiency , he may be made worthy not to swear at all , but may have yea , not needing witnesses that it is so ; and may have nay , not needing witnesses that it is verily not so. and sayes cyrill further , let none because he hears that god swore to abraham , use to swear : for , as that which is called wrath in god , is not wrath ; nor doth it signifie a passion , but a punishing power , or some such like motion ; so neither is swearing swearing : for , god doth not swear ; but shews the certainty , that what he saith shall come to pass , certainly : for the oath of god is his own word , filling the hearers , and making every one believe , that what he hath promised and said , shall surely come to pass . lx. cassiodorus , on psalm . saith , hence it is , that men are forbidden to swear , because by their own power they cannot perform their promises , this cassiodorus was famous about the year . lxi . olympiodorus was also famous about the same time , who on eccl. . saith thus , keep the mouth of the king , and do not study concerning the word of the oath of god , but go far from the face of it , viz. of an oath ; that is , refrain and depart from it , and do not at all endure to take an oath into thy mouth . lxii . isidorus hispalensis was famous about that time , and liv'd with him they calld st. gregory , who disliked the bringing in the title of universal bishop , and also the use of swearing : his words are these , many are slow to believe which are moved at the belief of the word : but they do grieveously offend , who compel them to swear that speak to them . lxiii . antiochus said to be a man famous for holiness & learning , living in palestine about the time of heraclius , the emperor , that was about the year . in his pandects of scripture , hom. . concerning swearing saith thus in the greek ( which see ; for the latine translation is in some things imperfect ) the old law , as giving laws to children , which for their age were not capable of more holy doctrine , not unseasonably commands , to swear nothing to their neighbour in deceit ; but us our lord and saviour commandeth , not to swear at all , neither out of season , nor in season ; for he saith to us , let your yea be yea , and your nay , nay ; for whatsoever is more , is of the evil. and saith he to the first people of a stiff neck , i commanded , thou shalt not forswear , but shalt perform thy vows unto the lord , as to them that were hard-hearted and disobedient to me : but to you that believe in me , to whom i have given power to become the sons of god , that are born again of the holy spirit , i command , not to swear at all , neither little , nor great oaths ; that a difference may plainly appear who are bastards , and who true sons . let us therefore , dear friends , fear him , who hath vouchsafed us so much honour , even the lord and father , with all fear ; as sincere ingenuous servants let us keep his commandments , not to swear at all , lest he say as in isa . . i have nourish'd and brought up children , and they have rebell'd against me : let 's not be sleighters and despisers of this commandment of the lord ; for those things that are said and done without an oath , are more credited by men , and more pleasing to god. lxiv . in the next century , beda , an english man , the most famous of those dayes , and styl'd venerable , in his exposition upon these words , before all things , my brethren , swear not , &c. saith , because he desires entirely to draw out the deadly poison of the tongue in his hearers , he forbad to detract or slander any man , or to judge his neighbour , who forbad to grieve in adversities , which are open sins ; he adds this also ( seeming light to some ) that he may take away the custom of swearing . for that this also is not to be esteem'd a light matter , plainly appears to them , that carefully consider that sentence of the lord , where he faith , of every idle word that men shall speak , they shall give account in the day of judgment . [ that ye fall not into condemnation . ] therefore ( saith he ) i restrain you from the fault of swearing , lest by swearing frequently true things , ye fall sometimes also into forswearing ; but stand so far from the vice of forswearing , that you will not swear neither , but by the greatest necessity . but he also falls under the judgment of guilt , who although he never forswear , yet sweareth true oftener then there is need ; namely , he offends in the very idleness of superfluous speech , and he offendeth the judge , which forbad both every unprofitable word and oath . from this chief man among the english of that time , it is manifest that this was the doctrine they then held , as further appears from h. spelman , that learn'd english knight , in his book of brittish councils , canons , &c. in the exceptions or select collections of egbert , arch bishop of york , artic. . that no priest wha●soever may swear an oath , but let him speak all things simply , in purity ond truth . and in the same author and council , art. . the chief of monasteries , priests & deacons should say ( without swearing ) when they were to purge and clear themselves , only thus , i speak the truth in christ , i lye not . and in pag. . in england , at the council of berghamst●d about the year . artic. . that a bishop or a king's word or affirmation without an oath is irrefragable . this agrees with blastaris canons above mention'd . and at this day in some countries , as the electoral arch-bishops in germany , of colen , mentz and triers , and many noble men in their station , speak without an oath , upon their honour , &c. certainly then it is much below the nobility of true christians in their spiritual station to swear , as chrysostom and the ancients have well observ'd . lxv . haimo lived about . who on the revelations saith , that it 's lawful only for men and angels to swear ; but to men it is forbidden . lxvi . ambrosius ansbertus , gallus presbyter : seeing the lord cohibits the faithful from every oath , saying , swear not at all , neither by heaven , &c. but let your yea be yea , and your nay , nay ; what abounds more then them is from the evil : who stretcheth out his hand to heaven , and sweareth by him that liveth forever , are not his sayings and actings set for examples for believers to imitate ? but only in that men are often deceived by an oath ; but he , who is the truth , never is deceived ; for he would not have prohibited men from an oath if he had not known sin to be in it : for , what do we understand to be figured by the hand of the angel , unless ( as before noted ) a dispensation of redemption of mankind ? for , his hand is the operation of our salvation ; although also , if it may be so said , the same son be his right-hand , as when the word of the father speaketh , he sheweth that he is the word of the father . lxviii . theophylact , arch-bishop of the bulgarians , whom some place in the ninth century , others after ; to be sure very famous ; being as it were their apostle ; in his comment on mat. . saith , to swear , or adjure more to yea or nay , is of the devil . moreover ( sayes he ) if thou shouldst say , that the law also given to moses was evil , because it commandeth to swear , learn , that then it was not evil to swear ; but after christ , it is evil , as also to be circumcised ; and in brief , whatsoever is * jewish : for , it is convenient for a child to suck , but not at all for a man. lxix . barnard ; the truth needs not an oath . de modo bene vivendi , ser. . de perjurio . a faithful word holds the place of an oath ; as he cannot lye who doth not speak , so he cannot forswear who doth not undertake to swear : grounded on matthew . lxx . paschalius ratbertus on mat. . ye have heard , &c. in this place , as also every where in those things , the perfection in righteousness is renew'd ; for by what every one swears , he either worships , loveth or fears it ; therefore by the law , for the carnal people it was lawful to swear by god , and this was allow'd as to little ones , that as they offer'd sacrifices to god , lest they should offer them to idols ; so also it was permitted to them to swear by god : not that they did this well ; but because it was better to give it to god then to devils . lxxi . otho brunfelsius on mat. . but let your word be yea , &c. that is the duty of a christian man , to be so sure in his words , that being unsworn he surpass any jew or heathen , swearing by all his holy things , namely in these bare words only , yea , yea ; nay , nay : such faithfulness & constancy is commended in good men by prophane authors ; read seneca , cicero , valerius maximus . but thou wilt say , i shall not be trusted , unless i swear : even so it is permitted by the popes , to swear good words in a good cause . but such distrust ought not to reign in the faithful : but if we trust not words , what should an oath do ? it is a proverb , none is less trusted then he which shall often swear . moreover , who gave power to popes , to break the command of god ? lxxii . druthmarus on math. . lest the jews should swear by idols names , the lord suffered them to swear by his own name . — the lord taught us perfection , that such trust is to be among christians , that there should be no need to interpose the name of god for witness . lxxiii . jansenius on matth. . if all christians were such as they ought to be , it would certainly be needless both to require and take an oath — i think this more christian ; and not to swear at all , nor compel to swear , more spiritual — yea and amen are the same , cor. . not swearing , but affirming : so christ swore not . see bernard , hom. . in cant. de more bene vivendi , serm. . lxxiv . albertus magnus , on mat. . swearing is by indulgence . thomas aquinas cites rabanus on mat. . lxxv . alex. de ales citeth hug . cardinal , saying , the lord forbad swearing , lest any should desire to swear as a good thing , also that none might fall into perjury . lxxvi . remigius on rom. . who never swears , never forswears . lxxvii . ruffinus on psal . . not to swear at all is of perfect men. see also smaragdus on mat. . titelmannus on psal . . brugensis on mat. . ludolphus carthusianus , vita christi , part . . cap. . rupertus , de operibus spiritus sancti , fol. . baptista folengius , on psal . . nic. lyra and ordinary gloss on mat . lxxviii . euthymius zagabonus , on matth. . p. . saith thus ; again , ye have heard , that it hath been said to them of old time , thou shalt not forswear , &c. but i say unto you , swear not at all , &c. now the old law saith , thou shalt not forswear , but shalt offer to the lord thine oaths ; which he added that he might put fear into the swearer , that he should not forswear , knowing that god , which knows all things , undertakes the oath . [ but i say unto you , swear not at all ] for he that easily sweareth , sometimes perchance may forswear , by the custom of swearing ; but he that swears by no means , will never forswear . besides , thou that swearest , so be thou do not forswear , thou observest the worship of god ; but swearing by no means , thou dost promote it : and the other is the part of mean and imperfect philosophy ; but this of that which is the highest and perfect . the other , thou shalt not forswear , is written in the book of exodus ; but this , thou shalt restore to the lord thine oaths , in the book of deuteronomy , but in other words : now he commanded this , lest they should swear by gods of a false name . again , not to swear , and not to require an oath , comes to the same thing : for , how canst thou induce thy brother unto that , which thou avoidest thy self ; if so be that thou art a lover of thy brother , and not rather of money ? nor by heaven ; for it is the throne of god , &c. lest they should think , that he forbad to swear by god only , in saying , by god , he adds also other kind of oaths , by which then the jews did swear ; for he that sweareth by these things , sweareth again by god , who fills these things , and rules them ; for they have these things in honour for him , and not for themselves ; for he saith by the prophet , heaven is my throne , and the earth is my foot-stool ; the prophet manifesting by this , that god filleth all things : do not i fill heaven and earth ? david also saith , the city of the great king. neither by thy head. therefore thou shouldst not swear the meanest oath ; i say , even by thy own head , lest thou proceed to greater , or by any other manner ; for the creature is also the possession of god ; and again , the oath is made by god , who hath it ( the creature ) in his power ; for , although it ( the head ) be made thine , yet it is not thy work , which is manifest from this , that thou canst not make one hair white or black . but let your words be yea , yea ; nay , nay , &c. let your speech be when ye affirm , yea ; and when ye deny , nay ; and use only these for , or instead of oaths to confirmation , and no other then yea and nay ; what is adjoyned besides these , he calleth an oath . quest . but if an oath be of the devil , how did the old law permit 〈◊〉 : answ . because the sacrifices of living creatures were also of evil , and by the deceit of idols ; yet the law permitted them , because of the infirmity of the hebrews : for , whereas they were gluttons and smell-feasts , they lov'd the sacrifices of idols ; and whereas also they were unbelieving , they also loved an oath : and that they should not afterwards either sacrifice to idols , or swear by idols , the law permitted them to sacrifice and to swear ; and if there were any thing else of that kind , they transferred all unto god. now it was to come to pass , that in process of time , he would cut off these things also , by a more sublime law to be brought in ; because it is good for infants to be suckled ; but for men it is very unfit : there we allow this to them that live after the manner of infants ; but we with-draw or prohibit them that are manly from it . quest . what then is to be done , if any require an oath , yea , compel to swear ? answ . let the fear of god be more forcible then this compulsion or necessity ; and chuse rather to suffer all things , then to transgress the command , sith in every precept force and violent danger will often meet with thee : and unless thou esteemest the command of god every where more forcible , all things will depart from thee void and unperformed . in the following passages the lord saith , the kingdom of heaven suffered violence , and the violent take it by force . lxxix . oecumenius , a famous greek writer , about ann. . writes on jam. . . thus , but some will say , if any be forced to swear , what is to be done ? we say , that the fear of god shall be stronger then the force of him that compels . but some may doubt , how it comes to pass , that grace doth not command this , as did the old law , affording praise to him that did swear by the name of the lord ? we say , the old law leading the jews not to swear by devils , appointed to swear by god , as it commanded them to sacrifice , drawing them from the sacrifice of idols or devils : but when it had sufficiently taught them to have a religious respect to god , then it rejected sacrifices as unprofitable , seeking not a sacrifice by beasts , but a broaken spirit ; that is , a sweet whole burnt-sacrifice , enflamed by the fire of love. that ye fall not into hypocrisie ( so some copies have it ; for the words in greek are something alike ) hypocrisie he saith , or condemnation , which follows them that swear without sparing , and through the custom of oaths are carryed out to forswear . the word hypocrisie signifies thus much , that which being one thing appears another ; how then falleth he into hypocrisie that sweareth ? answ . when he that is believed for the oath 's sake to be true , and yet transgression following , is declared to be a lyar , instead of a true man , not producing yea in certainty . he forbids to swear by god , because of perjury ; but by heaven and other oaths , that men should not bring these things into the honour of god ; for all that swear , do swear by the greater . lxxx . anshelmus , bishop of canterbury , about ann. . on that place of mat. . thus , pag. . thou shalt not forswear , &c. moses seeing that he could not take away swearing , takes away perjury . and again , because men have in great reverence those things by which they swear , lest they should make the creatures gods to themselves , he commands them , to render their oaths to god , and not to swear by creatures : but the lord removes them more perfectly from perjury , when he forbids them to swear at all . lxxxi . the ancient waldenses we have good cause to say , deny'd the taking of any oath in what sense the primitive christians and fathers refused , and that was altogether : to be sure their enemies charged them with it for above three hundred years ; and we cannot find , that they then deny'd the charge : we suppose none will attempt to prove they did ; for they were well known in the world as to this particular . lxxxii . and bp. usher pleads for them , against the papists , who were swearers . lxxxiii . likewise , a people of albi in france , ann. . held , it was unlawful to swear . lxxxiv . the plowman's complaint , containing , as abundance of mournful applications to god , so many notable and serious reprehensions of the lapst , erroneous and cruel nature of men ; among others it hath this notable passage to our purpose , lord , thou givest us a command of truth , in bidding us say , yea , yea ; and swear for nothing ; but , lord , he ( pope ) that calls himself thy vicar on earth , hath broken the commandment , so makes a law to compel men to swear . who was the author of this , is not certainly known ; but to be sure it was embraced of the wickliffians , as worthy of their patronage ; and remembred and recorded by john fox , as not unworthy to keep company with protestant martyrs . lxxxv . john wickliff , our country-man , and in his time divinity-professor of oxford ( famous for his learning and godly courage in oppugning the doctrines and practices of rome , in the time of edward the third , and richard the second , about the year . ) was accused among other things , for maintaining , that all oaths , which be made for any contract or civil bargain betwixt man and man , are unlawful . lxxxvi . we will bring in here a passage out of the plowman's tale , as it lyes in geffry chaucer's works , not impertinent to our purpose ; whose learning , honour and wit was great in the time he lived , which was about . john wickliff's contemporary . ' these wollen make men to swear , ' against christ's commaundment ; ' and christ's members all to tear , ' on rood as he were new yrent : ' such laws they maken by common assent , ' each one it throweth as a ball ; ' thus the poor be full shent ; ' but ever falshood foul it befal . he hath expressions not less disliking oaths in his parson's tales , where he makes the parson to say , after those , then cometh swearing , expresly against the commandment of god , and our lord jesus christ , who saith by st. matthew's words , ne shall ye not swear in all manner , or on no account . lxxxvii . william swinderby , priest , and a zealous follower of john wickliff , also lived in the time of richard the second , as appears by his appeal to that king , from the unjust sentence of the bishop of hereford , in which , to this part of the charge exhibited ( that no man ought to swear for any thing , but simply , without an oath , to affirm or deny ) he answers thus , whereas christ's law forbids swearing , the pope's law justifieth swearing , and compels men thereunto : methinks ( saith he ) there is no need to comfort or encourage the people in swearing . lxxxviii . walter brute , also an early dissenter from the roman church , and intimate of william swinderby ; being charged , among other things , with saying , that it is not lawful for christians , for any cause to swear by the creator , neither by the creature ; thus answer'd for himself , and indeed , it comprehends much of our belief in this matter : as concerning oaths , i believe and obey the doctrine of almighty god , and my master , jesus christ , which teacheth , that christian-men in affirmation of a truth should pass the righteousness of the scribes and pharisees , the old testament , or else he excludes them from the kingdom of god : for christ sayes , unless your righteousness exceed the righteousness of the scribes and pharisees , ye cannot enter into the kingdom of heaven . and as concerning oaths , christ saith , it hath been said by them of old time , thou shalt not forswear thy self , but shalt perform unto the lord those things that thou knowest : but i say unto you , thou shalt not swear at all , neither by heaven , nor yet by the earth , &c. but let your communication be yea , yea ; and nay , nay ; for , whatsoever shall be more then this , proceedeth of evil : therefore , as the perfection of the ancient men of the old testament was , not to forswear themselves ; so the perfection of christian men is , not to swear at all , because we are so commanded of christ , whose commandments must in no case be broaken . thus much of w. brute . lxxxix . john purrey , john edward , john becket , john clements , richard herbert and emmot willie , with many more in the time of henry the fourth , through fears and hopes deserted their profession , and revolted ( as john fox tells us ) from their faith , which was the religion then profest of those called wickliffians or lollards ( the true , poor , persecuted christians of that time ) and of the fifteen articles , by them abjured , this was one ; item , that neither the * pope , nor the prelate , neither any ordinary can compel any man to swear by any creature of god , or by the bible-book . xc . william thorpe , whom john fox calls , the constant and blessed servant of god , and good man and servant of christ , &c. refused to swear upon a bible , when the arch-bishop tendered the oath to him ; for , he thought it not lawful to take or give an oath thereon , because a book is nothing else ( sayes he ) but divers creatures , of which it is made ; and such swearing is ever unlawful , as witnesseth chrysostom plainly , blaming them greatly , that bring out a book to swear upon ; charging clarks , that in no wise they constrain any body to swear well , when that thing is sooth ( or true ) that they swear for . and also , full many men and women now say , that it is well done to swear by god , and by our lady , and by other saints , to have them in mind ; others say , that they may not swear , when they may otherwise be believed : but since all these sayings are excuses , and sin , methinks , sir ( saith he ) that this sense of chrysostom may be alledged well against all such swearers . xci . elizabeth young , who was brought to examination in the marian-days , before the catholick inquisitors of heritical pravity , as they then called themselves , and commanded to swear , this language was used to her . dr. martin , thou shalt he racked inch-meal , thou trayterly whore and heretick ; but thou shalt swear before a judge before thou go . eliz. young , sir , i understand not what an oath is , and therefore i will take no such thing upon me . dr. martin , she refuseth to swear upon the four evangelists before a judge ; for , i my self and mr. hussey , have had her before us four times , but we cannot bring her to swear . then said the bishop , why wilt thou not swear before a judge , & c ? eliz. young , my lord , i will not swear , that this hand is mine . no , said the bishop ; and why ? eliz. young , christ saith , that whatsoever is more then yea , yea ; or nay , nay , it cometh of evil. then dr. cook brought her to a book , commanding her to lay her hand thereon . eliz. young , no , my lord , i will not swear . and so she persisted , till god delivered her out of their hands . john huss , jerom of prague , walter brute , william swinderby , william sawtry , william white , william thorpe , &c. are recorded by those of other nations , both high and low dutch , to have refused all swearing ; as well by god , as by creatures , in any case , private or publick . though such as admit of oaths in some cases , labour , as john fox in england , and the calvinists abroad , to ecclipse and mutilate their testimony ; as if they were one while only against book-swearing , as being a creature ; another while , only against swearing in private cases ; another while , as j. fox relates in john burrell , that it is not lawful to swear , but in case of life and death , &c. but most evident it is , that they were against all swearing , or swearing at all ; else , why should they so frequently alledge chrysostom , who , though he accounted swearing by creatures a more execrable sin , then to swear by god ; yet constantly counted swearing at all , a sin in christians , as cleaving to that which christ had abrogated , being only permitted to the jews , for the hardness and blindness of their hearts , their unbelief and propensity to follow the course of the heathens , and swear by their gods. let it not be forgotten , that chrysostom not only inveighs against them that bring forth the book to swear by , because it is a creature ; but that he also upbraided them with impudence and audaciousness , that dare make use of that law to administer an oath by , that so strictly forbids an oath . ridiculous it is , to make them deny swearing only in private cases , and to be ready to swear in case of life and death : for where is there any shadow of such a law ? and how should those honest men invent one ? christ's law we read mat. . the doctors , chrysostom and jerom's judgment , whom they had mostly in their mouths , we have repeated here at large , in which is not the least restriction . these good men then must needs be understood to take the law of christ either to have forbidden swearing in any case , and then not to swear in case of life ; or not to forbid swearing at all , and then they not only might swear to save their lives , but liberties and estates , and ought so to do . but we hope there can be no room left for this objection . xcii . the lollards of kille in scotland were against all swearing , as both spotswood in his chronicle doth relate , and the book called , the history of the reformation of the kirk of scotland . xciii . michael sadler ( an eminent man , call'd a lord ) was cruelly tortur'd and put to death by some papists under the emperor of germany , whose brethren were also executed with the sword , and his wife and sisters drowned , ann. . one article alledged against him was , that he had said , that men should not swear to , or before the magistrate . xciv . the christian-protestants in the valley of piedmont , who were cruelly tortured to death by the papists , about ann. . one article alledged against them was , that they believed it was not lawful to swear any thing , be it true or false . xcv . gerard sagareld of parma , and his followers , denyed all oaths and vows . so did several in germany , mention'd by b. usher , in his book de successione : in germany , jury and swearing is well excluded , and need not much to be required . xcvi . erasmus , now ye shall hear another thing . commandment was given unto your elders , none otherwise ; but if they had made an oath , they should perform it , and not be forsworn ; for now they are bound to god , and not to man only : wherefore among the jews only perjury is punishable ; but he that deceives his neighbour without any oath made , he goes unpunished ; but yet the law of the gospel condemneth him ; the which , that ye may be the more remote from perjury , doth utterly condemn all manner of oaths ; that it is not lawful to swear , neither by god , nor by those things which seem to the common sort to be things of less religion , that is , neither by heaven , because it is the seat of god ; nor by the earth , because it is his foot-stool ; nor by jerusalem , because it is the city of the great king , that is to say , of him that hath made all things : neither as the heathen swear , by the head of another man , whereof thou hast no authority ; but it is consecrate to god , that hath made all things as he would ; for thou canst not make one white hair black , nor the contrary : and because all things are consecrate to god , the maker , thou oughtest to be fearful to swear by any thing . and what needeth any oath among them , where no man , because of their simplicity , can distrust ; nor no man can desire to deceive , though they might do it ? such is their sincerity and perfectness , specially in those things of the which they declare themselves to be despisers . therefore among you , plain and simple speech ought to be more holy and more sure then the devout and solemn oath among the jews : for , among you , whose hearts and mouths ought to agree , there is no other use of speech , but to express your minds each to other . in your bargains ye need no oath , ye need no execration , or cursing , or such like , to bind the promiser , or to assure him to whom the promise is made : two words be sufficient , nay and yea , whereby thou denyest that which thou dost not promise , and whereby thou dost perform that which thou didst promise by plain word , that thou wouldst do : for , there is no man less bound by his simple and bare word , then the jew swearing by all holy things ; and he whom thou makest thy promise unto , doth trust thee as much as if thou hadst made a solemn oath . if there be any more besides these , it must needs come of evil and sin : for , he that sweareth , either be thinketh evil of him to whom he sweareth , ; or else , he that requireth the oath , doth distrust : but none of these ought to be in you , whom i would have perfect in all points . therefore , when i utterly forbid swearing , i do not abolish the law which doth prohibit perjury ; but i make the law more full , and i with-draw men further from that , which the law doth punish . let your mind be pure and plain , and let your heart and your mouth go both together : let no man with feign'd words deceive his neighbour . but especially , my brethren , swear not , lest by little and little you accustom your selves to forswear . among jews and heathens , for fidelity's sake , there is an oath put ; but among christians , which ought neither to distrust any man , nor to deceive , it is a vain thing to swear . whosoever is accustomed to swear , is cousen-german to the peril of forswearing . be you afraid , not only to swear by god in humane affairs , and in light matters , but also abstain from all kind of swearing , that you swear neither by heaven , neither by earth , or any other thing , that the common people esteem for holy and religious . whosoever dare be bold to lye without swearing , he dare do the same also when he sweareth , if he list . to be brief : he that is a good man , will believe a man without swear●ng ; and he that is naught , will not trust a man though he swear : but among you that are furnished with evangelical plainness , there is neither place to distrust , nor to imagine deceit ; but let your plain communication be regarded for no less true and stedfast , then any manner of oath of the jews or pagans , how holy soever it be . as often as you confirm any thing , confirm it with all your heart ; and perform indeed the thing that you speak : as oft as you deny any thing , deny it with your whole heart ; neither let any thing else be in your heart then your mouth speaketh , that there be no counterfeiting in you , seeing you are disciples of the truth . thus far , we hope , is put altogether out of question , whether many learned and christian men have not flatly denyed the vse of oaths to true christians : and though we need not the contribution that is afforded us by several school and other roman doctors , yet to evidence a kind of succession , and universality of testimony to this doctrine , we think it not improper to mention some of them . the judgment of shoolmen and others , in this point . xcvii . t. aquinas , non j●rare omnino , &c. not to swear at all , &c. the lord had taught before , wrong is not to be done to our neighbour , as in forbidding anger with murder , lust , adultery , putting away of one's wife ; and now he teacheth consequently , that we must abstain from the wronging of god , when he doth not forbid only forswearing , as evil , but also an oath , as the occasion of evil , from whence he saith , hear thou again , for it was said of old time , thou shalt not forswear thy self : and lest that they might make to themselves the creatures gods , he commandeth , to render the oaths to god , and not to swear by the creatures ; from whence it follows , render to god , &c. that is , if one shall happen to swear by the creator , not by the creature , whence he saith in deuteronomy , thou shalt fear the lord thy god , and by his name shalt swear ; and this was allowed by the law , as to children , that as they did offer sacrifice to idols , they should not offer them to idols ; so they were permitted to swear by god , not that they might do this rightly , but that it might be better to give this to god , them to devils . chrysostom upon matthew , for no man sweareth frequently that sometimes may not forswear ; as he that makes it a custom to speak many things , sometimes he speaks unfit things . augustine against fauslus , the lord was more willing that we not swearing might come short of the truth , then swearing the truth , to come nearer to perjury : whence it follows , i say unto you , swear not at all . augustine on the words of the lord in the mountain , in which he confirms the righteousness of the pharisees , which is , not to forswear , for be cannot forswear , that doth not swear . xcviii . cajetan , again , ye have heard ] he perfects another precept of the old law concerning perjury ( because it was said to them of old time , thou shalt not forswear ) exod. . thou shalt not take the name of thy god in vain : and levit. . thou shalt not forswear in the name of the lord ; but shalt render to the lord thy oaths . the first part of this precept ( namely , thou shalt not forswear ) is negative , forbidding evil in its kind ; for perjury is evil of it self , therefore by no reason it can be exc●sed . but the second part ( namely , thou shalt render to the lord thy oaths ) is affirmative , and doth not signifie to fulfil the oaths which thou hast promised ( as it appears ) and thereupon nothing follows of fulfilling of promises ) but it signifies , that the oaths to god are to be rendred ; that is , that swearing must be by the lord , not by the creatures : for these words are not in the law , but the sense of them is , deut. . thou shalt swear by the name of the lord thy god : where swearing is not commanded , but is but regulated , that it should be by the name of god , and not by the name of the creatures : for , the law commandeth , that this act of religion , which is , to swear , should be exhibited to god , and to no creatures or idols whatsoever . but i say unto you ] he perfecteth both the precepts , adjoyning two precepts ; the one negative , the other affirmative ( not to swear at all ) lo a negative precept , wherein two things are contained , that is , not to swear , and not at all ; he forbids us to swear at all , by all means , as well in expressing god , as not in expressing god ; suppose by heaven and earth , and by the rest of the creatures : and in this he perfects the precept concerning not forswearing , not only by taking away an oath , but the occasion of forswearing ; for , 't is impossible to incur forswearing without an oath : and also , the precept of performing the oath to god , by taking away the care of performing ; for where nothing is sworn , there is no need of any care of performing the oath to god. cv . alphonsus de avendano , it 's to be noted out of cajetan , that in this the lord perfected the command of not forswearing , by taking away not only forswearing , but the occasion of not forswearing ; because , without an oath it is impossible to incur perjury . an oath was not necessary by the first intention of nature ; for if men had continued in the truth , they had not lyed ; and because christ came , that he might bring back men to this first innocency , an oath was not necessary , supposing that men ought to return unto it , then to men that live according to the simplicity of the gospel , an oath is not necessary , and therefore not good. reasons for avoiding caths , from the same author . st , lest by swearing they fall into perjury , for which cause swearing is of an ill report amongst the saints , as in ambrose , psalm . dly , for reverence of the name of god. dly , for the mutual confidence which one christian should have of another , which ought to be so great , that every one should be sure , and not possible to be deceived in the least thing , although he should speak in a single assertion ; and for the authority of the saints , which do seem to forbid all oaths to christians , and that the truth of the gospel receives no oath , as good and desirable of it self ; seeing every one is of evil. lastly , out of cajetan , the lord perfecteth this precept of not forswearing , by taking away not only perjury , but the occasion of it , and taking away the care : for , where there is no swearing , there is no need of care of rendering . oh! how sincere and true would the lord make his christians , that all affirmations should be included in three letters only , all denyals in other three , that the truth should be so familiar to us , as to be included in the compendium of three letters ? c. franciscus de mendoca , olysiponensis , dr. theol. in eburens . academia , sacr. lit . interpres , in . lib. reg. tom. . speak , saith he , of me , &c. in the hebrew it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. testifie , from the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which not only sig●ifieth to speak but also to bear testimony , as it is to be seen ex. 〈◊〉 . n. . deut. . n. . job . n. . et passi● alib● , and many other places ▪ as if there were no difference with the hebrews of speaking and testifying , nor without cause ; for there ought to be so much veracity of good men , that their simple speech may be accounted sworn , and their private conference be accounted a publick testimony , which was to be accounted the fidelity of cato , who was believed in a court-case even unsworn ; which also s. jerome , in his epistle to celantia , inculcates ; let there be , saith he , so much love of truth in thee , that whatsoever thou sayest , thou mayst think to be sworn . the same jerome to that of mat. . swear not , &c. the gospel-truth , saith he , doth not receive an oath , sith every faithful speech is for an oath . to which opinion is agreeable the doctrine of philo alex. in his book of the decalogue , it will be most profitable , saith he , and most agreeable to the rational nature , to abstain altogether from swearing ; and be so accustom'd to truth , that one's single word may have the force of an oath . the like relateth josephus , in the second book of the jewish war , cap. . de his esseni , most sincere worshippers of truth ( vericultoribus . ) the hebrew elders also , when they would make their innocency about the man kill'd by an uncertain author , testified with an oath , as the rabbins , solomon and moses in lyran. affirm , deut. . nevertheless , they are brought in by the scripture , asseverating it only with simple speech ; and they shall say , saith he , our hands have not shed this blood , nor our eyes seen it . because the simple and naked speech of a wise man , is equivalent to an oath ; which st. bernard vehemently commendeth in comite theobaldo , in epist . . to the same , and indeed , saith he , in other princes , if at any time we take a word of lightness or falseness , we account it neither new nor wonderful : but with count theobald , we do not at all patiently hear yea & nay , to whom , as it is said , simply to speak , is to swear ; and a light lye is accounted a heavy perjury ; for among very many ensigns of virtue , which do very much ennoble your dignity , and make your name renowned and famous throughout the world , the constancy of truth is especially praised in you . . certainly god himself hath ( tantundem ) so much to speak nakedly , and to swear by himself holily : for that he promised with an oath an off-spring to david , which should sit on his throne , is read no where in the scripture ; and yet abner , king. . n. . acknowledges an off-spring sworn to david , the lord do so to abner , saith he , and add these things to him , unless as the lord hath sworn to david , so i do with him . and in psalm . god himself saith , once have i sworn in my holiness , if i lye to david , &c. also the land of canaan is no where found , in the holy scriptures promised to the ancient fathers with an oath ; but god promised it simply to abraham , gen. , , & . to isaac , gen. . to jacob , gen. . yet moses , in deut. . possess , saith he , the land , for which the lord sware to your fathers . philo alex. in the book of abraham , at the end looses the knot notably ; that therefore the simple promise of god in those places is called an oath , because it hath the force of an oath . ci. jacobus faber , it is the part of a spiritual man , not only not to swear in a vain thing , but also not in any serious thing ; for , you which are such , are true : unto true men it 's sufficient that a true man gain belief , if he say , that the lord hath commanded yea , yea , in affirming ; nay , nay , in denying : but if with incredulous and evil men a speech also be had concerning a serious and necessary matter , why shall one swear for their badness , that he may gain belief with them ? who ever spake more seriously then our saviour ? who more necessary things ? yet he never used other speech then that , verely , verely , i say unto you , or some other such like , which was a true form or manner to them , that swore not . therefore that now some swear , to gain belief concerning some profitable and necessary things , which they think is to be given rather to the oath then to the person : perhaps also there is a danger when an oath is required in judgment , lest he that exacteth it , sin ; for if it be manifest , that he that is called into judgment be verely good and true , it is enough to hear of him yea or nay ; but if that be not evident , or that it be evident , that he is bad , perhaps that 's required of him which ought not to be required . what then ? it is lawful to adjure : for the lord made answer to an adjuration , but he did not swear ; and adjurations are found in the new law : but if any one being adjured of another , speak the truth , by answearing yea or nay , or by declaring the thing requir'd , neither the one nor the other offendeth ; but if he speak a falsity , he offends , and incurs the offence of a false testimony , but perchance he sinneth less then if by swearing he had also fallen into the guilt of perjury : for , as he that ( being adjured ) answereth in truth , doth not swear ; so he that answereth in falsness , doth not forswear , but he is a false witness : but he also who hath adjured , is altogether guitless ; for , there is no doubt but he hath required that which was lawful to require . and although it s not my purpose to contradict the ordinances of judgments , yet i may think this to be more christian , both n●t to swear at all , neither to compel to swear , to be more spiritual : but yet , if the badness of men would permit it , although you would have this sentence of the lord concerning not swearing , to be applyed to the believers common and daily custom of speaking ( for he speaks to his disciples ) which is very true , especially if the old law , which the lord declares , thou shalt not forswear , but shalt render to the lord thine oaths , was given concerning common and daily speech ; but afterwards the lord amendeth another thing , which was written in the old law , that the law might be perfect , and that he might shew how he hath fulfilled it ; and it may be fulfilled of others , as matthew shews . cii . suarez : he affirmeth , christ did not swear , because that which he could not lawfully do , he could not simply do ; but he could not lawfully swear , therefore he could not at all : but that he never swore , is proved , because that he himself commanded or counselled , not to swear at all ; but simply to speak , yea , it is ; nay , it is not , &c. therefore ought to go before the example . it is spoaken of him only sometimes that he said amen , or truly or verily , which we have before shewed to be no particle of swearing . it 's not only forbidden in the new , but also in the old testaments , not to swear , as hos . . zach. . quoteth tertullian , lib. de idololat . cap. . saying , i am silent about perjury , seeing that indeed it is not lawful to swear . and those very words of christ , swear not at all , signifie this ( seeing he subjoyns , neither by heaven , &c. ) as if he had said , not only greater oaths , but also these , which seem less , you are to take heed of , and it is apparent from the reason which he adjoyns , saying , neither by heaven : if therefore christ forbiddeth to swear by heaven , because god dwells therein , much more he forbiddeth to swear by god , &c. now he forbiddeth all manner of swearing by the creatures , and every oath by god himself , as greg. nyssen rightly argues , and christ himself hath plainly so declared , mat. . lastly , the following words of christ are opposit , let your word be yea and nay ; for , by them he declareth , that he before forbad the addition of any oath . dly , jerome answers , swearing was permitted to the jews , as to children ; but evangelical verity receives not swearing , seeing every faithful word is for an oath . the same doctrine and exposition doth chrysostom follow . theophylact , after christ , it is an evil to swear , as to be circumcised , and in brief , whatsoever is jewish . beda , also castro and druthmarus confess , and bernard himself denyes not , that it is the counsel of christ , not to swear . and precepts are not contray to counsels . libr. . cap. . p. . whether an oath be an elicit act of religious virtue ? there may be a reason of doubting , because every act of religion is principally intended for the worship of god : but an oath is not made primarily , and of it self ( per se ) for the worship of god ; but for confirming , &c. as heb. . from whence it seems plainly to follow , that an oath is not an act of religion . it may be declared by reason ; because , st , it is impossible that man can bring god for a witness , although he would never so fain : therefore the name of god is taken in vain , as often as it is taken to swear ; therefore it is evil in it self ( per se . ) dly , grant this were possible , to bring god for a witness ; it seems disorderly to bring the person of god to confirm men's businesses , covenants , or words , because it is disorderly to order things of an higher order to those that are inferiour : much more is it disorderly , to mix the sacred authority of god to the prophane ( or common ) words , and businesses of men. dly , though-in some case an oath might be used without inconvenience , yet it is so exposed to dangers , that it can scarce be done without crime : but in the law of grace ; because of the perfection of it , not only sins are to be forbid , but also those things which do morally and nearest entangle into sin : for he that loveth danger , shall perish in it . he quotes clemens romanus , lib. . constitut . apost . as before ; our master commanded , that we should not swear , no , not by the true god ; that our word should be counted more firm and credible then an oath it self . he quotes also greg. nazianzen , as before , upon these words , but i say unto you , &c. ] he forbiddeth all manner of swearing by the creatures , even with respect to god : hence it follows from the forcibler , as i said , that he forbad all swearing by god himself , as gregory nazianzen rightly argues , as before , on cant. homil. . and christ himself plainly so declared , mat. . he that sweareth by heaven , sweareth by the throne of god , &c. lastly , the words withstand , which christ subjoyns , let your word be , &c. ] for , by them he declares , that he had before forbidden the adding of any oath : therefore jerome answered , that oaths , &c. were permitted to the jews , as to children . he uses many other arguments , and quotes many authors , as may be seen at large in his book concerning swearing . ciii . jo. major hadingtoniani , on mat. . not to swear at all : that precept was given to the disciples ( the basis ) of the first church . civ . jo ac . camer . and p. loseler villerius's marginal note upon mat. . . whatsoever you vouch , vouch it barely ; and whatsoever you deny , deny it barely , without any more words . cv . bible , imprinted an. . in quarto . what is more is of evil ] marginal note , from an evil conscience , or from the devil . cvi. marlorat on mat. . saith , some men , not bad , hold against swearing . maldonat on mat. . reckons up several against swearing . cvii . peter charron , doctor of law in paris , in his book of wisdom , chap. . an oath , what is it , but a symptom and shameful mark of distrust , infidelity , ignorance , humane infirmity , both in him that requires it , that gives it , that ordains it ( alluding to christ's words , saith he ) quod amplius est a malo ; what is more , is from the devil . cviii . beza , on james . . that which you have to say or affirm , speak or affirm it simply , and without an oath ; and that you have to deny , deny it simply and flatly . cix . folio bible , printed ann. . marginal note on mat. . . swear not at all , let simplicity and truth be your words , and then you shall not be so light , and ready to swear . cx . lodovicus soto major , in the gospel , this particle ( amen ) is often used by christ our lord , confirming his words by it , as hierem also noteth ; yet it 's not to be thought ( that none be deceived ) that christ our lord swore , or would have to swear , as often as he useth this word or form of confirming ; but rather so to have been willing , more to confirm , and perswade , and commend those things which he taught , and especially , by reiterating or repeating this word , as he often useth ; for neither in this doubling of the word , for nought that christ our lord sometimes useth it in the gospel , but rather it hath a great emphasis & encrease , that is , great moment and weight to perswade and gain belief , as augustine rightly teacheth and explaineth in his . tract upon the gospel of john , expounding those words of christ , saying , amen , or verely , verely , i say to you , he that doth sin , is the servant of sin : although therefore that it be not a swearing , yet it is a certain greater confirmation and asseveration of those things which are spoaken ; yet nevertheless it is not swearing ; for otherwise , is it likely that christ the lord , who himself d●horts others from swearing at all , for danger of forswearing , should himself swear so often ? for he not only forbad his to swear , mat. . but also at the same time , and that very wholsomly that they should only use in their speech a simple affirmation and denyal , without any oath , saying , swear not at all , &c. for this much more becomes the simplicity , sincerity , piety and modesty of christians ; for nothing is more simple , brief and effectual to perswade ( the badness and naughtiness of men being removed ) then a single affirmation or denyal , although there were no danger of perjury . in this sense in a manner , do mostly all the graver authors interpret that place of the gospel , or command of christ , of not swearing at all ; but especially augustine lib. . of the lord's words in the mount , c●p. . and . and in his book de mendacio , cap . and epist . . to publicola , and often else-where ; for which interpretation or understanding votes also philo judaeus in his book of the decalogue , tom. . p. . where treating of an oath , he thus congruently writeth ; men sin in this respect many and divers wayes , therefore it will be most profitable and most agreeable to the reasonable nature , to abstain altogether from swearing , and so to accustom to truth , that simple sp●ech may have the force of an oath , &c. which things philo in the same place pursues to the same sense , very congruently in the gospel , that which also he confirms in his book of special laws , tom. . pag. . and afterwards , if therefore , as i said before , christ the lord for the danger of perjury , and also for the reverence or religion of an oath , commands his not to swear at all , though otherwise , it be true which they affirm ; if i say , there be so much reverence of an oath , how great is the perfection ? it is not likely nor agreeable to reason , that the lord christ , the patern of true and solid virtue , every action of whom is our instruction , did swear so often , that is , should swear as often as he used this form , verely , verely , i say unto you , &c. for how can every moral action of his , or in his conversation , be our instruction or example , if he so frequently and every where seems to do that , which he so vehemently and earnestly commanded his , even his chosen disciples , that is , his apostles , that they should not do it at all ? yet augustine in his book of the apostles words , ser. . seems by his authority to create some scruple and ado for us , inasmuch as he seems to censure and say , that it is a kind of perjury when any wittingly & willingly ( that is , with certain reason and will , or of set purpose ) useth this word verely , to confirm any thing : yet if we diligently mark and weigh the words of st. augustine there , he intends no other then what we intend , acknowledge and confess , and is necessarily to be confessed , namely , that he which from a false opinion and perswasion , and an erroneous conscience , as divines call it , thinketh and believeth that he sweareth in very deed in using this word , as if this word were an adverb of swearing , that sometimes he happens in a manner to forswear , if that which he affirms in this manner be false ; yet this is accidentary and adventitious , namely , by the intention of him that sweareth of his own will , or rather error or ignorance , and not by the force and propriety of the word amen or ve●ely , seeing , as we have said even now , that it is not a word or note of swearing , but rather of confirming , as we confess : and the same st augustine teacheth else-where , but especially in tract . on the gospel of john , on those words of christ the lord , verely , verely , &c. where augustine moderating his words , saith thus , verely , verely , is , if we may so say , in a certain manner , a sw●aring of christ . now these words of augustine are to be weighed ; he dealeth not simply , but with an additament and caution . verely , verely , to be ( if it be lawful to say it ) after a manner a swearing of christ ; for so he declares plain enough , that verely , verely , is not properly ●wearing , or a note of swearing , but only improperly , and after a certain manner , viz. so far forth as christ the lord doth familiarly use this word as swearing , although in very deed , and properly it be not an adverb of swearing , but rather affirming and asserting simply and in good faith , to gain a better perswasion of the matter or doctrine ; for christ never seems to have sworn , if we will ●peak truly and properly of swearing , but alwayes us'd a simple speech though sometimes by am●sicationem ; he hath used this , even repeated , i say , for the ●reater perswasion of his heavenly doctrine , that by this ●eans he might give his an example of not swearing rashly and every where , as we have already said , to whom he plainly commanded , saying , swear not at all , &c. but , &c. so great is the religion of swearing , and the danger of forswearing . the approbation and commendation of the doctors of paris . we have carefully read these commentaries on the epistles of st paul , and timothy , and titus , wherein the most learned author , according to the great learning wherein he excells , largely and elegantly opens the more hidden senses of the apostles ; and we have thought them worthy to be printed for publick profit , act par. . feb. . f. coeff . f.j. tourn , &c. cxi . lodovicus pius emperor , who in his prologue saith , that from his youth , by christ's inspiration , he had the desire of the worship of god , capitul . addit . . tit. . of not swearing : that every one beware of swearing ; because forswearers as also adulterers , shall not inherit the kingdom of god. cxii . king luitprandus ; the law of the lumbards , tit. . law . if he that enquires concerning theft , believe not the witnesses , the witnesses may confirm it with an oath , except they be such persons as the king or judge may trust without an oath . cxiii . the emperor lotharius , of the law of the lumbards , tit. . law . of those that enforce payment of tythes , we will not have them to be constrain'd with an oath , for fear of forswearing . cxiv . of the law of the visogoths , l. . tit. . law . which was ancient : let none come easily to an oath : for the true search of justice rather commendeth this , that the scriptures in all things may intercur , and the necessity of swearing may altogether suspend it self . thus much against swearing from several roman doctors and others . we shall in the next place produce the judgment of those men , who run not so high in their censure of oaths , as the persons that we have hitherto cited , but that believe it is not unlawful in any case to take an oath , and from them we doubt not to make appear , that it is best not to swear at all ; so far they from pleading for swearing , or punish those that conscientiously refuse it . cxv . william tindal saith , our dealing ought to be so substantial , that our words might be believed without an oath : our words are the signs of the truth of our hearts , in which there ought to be pure & single love toward thy brother . again he sayes , swearing can only be allowed in charity , where yea and nay have lost credance ; however , that no judge or other ought in any case to compel any man to swear against his will. peter martyr , who deserves well of the english protestants , confesseth , that christians ought to live so charitably and uprightly , as not to need an oath , and that they may not be called upon to swear . again , let us so live that there may be no need for us to swear , either by god , or any other thing at all ; and this ( sayes he ) is that same at all , which christ spoak of . n. zegerus upon mat. . . tells us , that the most ancient writers from thence concluded all oaths forbidden , and that the bare word of christians ought to be more sacred and firm then the most religious oaths of the jews . cxvi . h. grotius , a great & learned man , excludes all oaths , not only such as are used in common conversation ; but such as relate to trade or pecuniary matters ; allowing some oth●rs for avoiding infamy , for preserving a friend , & for a great service to their country , as not morally necessary , and by precept , but only by consequence and remedy ; concluding that it is best to live so , as not to need an oath : and so both many of those oaths imposed upon us , are laid aside by him ; and also he gives many cautions shewing that it is best not to swear at all , if it may possibly be avoided : but in answer to his interpretation ; all oaths are forbid that are performable to the lord ▪ now unles the vain inconsiderate , oaths , such as are used in common traffique are only those that are to be perform'd to the lord , solemn oaths , such as the law allow'd , are also prohibited . besides , the yea and nay of a true christian is as capable of all those good services as an oath , if the sanctity of his faith and profession be allowed : and if any prejudices come to a man's friend , country or self , because his yea and nay is rejected , it will never lye at his door , who offers all christ permits him , and his conscience will dispense with ; but on the distruster's side , especially , when he that in conscience can't swear , offers as large caution as he that swears , and is willing to undergo equal punishment , in case of vntruth , that the other by law sustains for perjury . and those that will have it to relate to rash , and not judicial oaths , quite cross the text ; for christ prohibits not only vain and superfluous oaths , as now called , such as were alwayes unlawful , even under the law ; but such as were allowed in the times of the law , rendring them also by evangelical verity under the gospel , vain , superfluous and vnlawful : for well said bp. sanderson , no need to forbid by a new command things that of themselves were alwayes unlawful . otherwise , we must read christ's words thus , ye have heard by them of old time , thou shalt not forswear thy self , but shalt perform unto the lord thine oaths ; but i say unto you , swear not at all , except before a judge ; as if swearing before a judge under the law , were not an oath performable to the lord ; and such it self the place most expresly forbids ; or thus , of old it was said , thou shalt not forswear thy self , but let your yea be yea , and your nay , nay , th● is , perform to god thine oaths in truth and righteousness : but i ( who say more then was said of old ) say unto you , swear not at all , but perform thine oaths to god in truth and righteousness ; the inconherence of which must needs be obvious to every considerate person ; yet it is the only reading that ●an be left upon those interpretations . we say , that what god dispensed with under the law , he resolved to remove under the gospel , and to wind up things to a higher pitch of truth & righteousness : from adultery in the act , to adultery in the thought ; from revenge , to sufferance ; from true swearing , to no swearing at all , whereby all abuse of oaths and perjury come to be removed with the oaths themselves , by working out of man's heart that fraud and falshood that brought them in , and implanting evangelical verity in room thereof , which speaketh the truth , the whole truth , and nothing but the truth to his neighbour , and makes a like matter of conscience to t●ll a lye , as to forswear . and it is known to almighty god , and we most heartily desire it may be known and belived by you , that we have no other end nor inducement to this so general refusal we are found in throughout the nation . cxvii . bp. usher is so tender in this point , that set aside his vindication of the waldenses , in his sum of christian - religion , he makes it necessary to the taking of an oath , that it be considered , first , if the party we deal with ( really ) doubt of the thing we affirm or deny , thereby making distrust the cause of swearing , and implying , that not custom , but real diffidenc● should only continue swearing ; consequently , not to continue where distrust is done away . secondly , it is to be weighed if the party's doubt whereof we speak , be weighty , and worthy of an oath , which we fear , is seldom thought upon ; custom prevailing even to triffles , as well as most excessive vain swearing in common conversation . thirdly , if the question be weighty , w●e●her ( saith the bishop ) the doubt may be ended with truly or verely ; or doubting , it verely ▪ verely , as christ did for you , by his example we ought to forbear an oath ? mat. . . wherefore should it not , especially among christians . fourthly , whether there be not yet any other fit means to try out the matter before we come to an oath . this is our case ; and we make it our sober request , that it would please you to consider this particular ; for doubtless , an expedient may very easily be found , without bringing us under the bondage of an oath . cxviii . jer . tayler , chaplain in ordinary to k. charles i. and late bishop of doun and conner , in his book call'd ' 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a course of sermons , london printed . serm. of christian simplicity , fol. . thus , our blessed lord would not have his disciples to swear at all ( not in publick judicature ) if the necessity of the world would permit him to be obey'd . if christians will live according to the religion , the word of a christian were a sufficient instrument to give testimony , and to make promises , and to secure a faith ; and upon that supposition , oaths were useless , and therefore forbidden ; because there would be no necessity to invoke god's name in promises or affirmations , if men were indeed christians ; and therefore in that case would be a taking in vain : but because many are not ; and they that are in name , oftentimes are in nothing els , it became necessary that men should swear in judgment and in publick courts . but consider who it was that invented and made the necessity of oaths , of bonds , of securities , & all the artifices of human diffidence and dishonesty : these things were indeed found out by men , but the necessity , of these was from him that is the father of all lyes ; from him that hath made many fair promises , but never kept any ; or if he did , it was to do a bigger mischief , to slatter the more ; for so does the devil . see jews antiquities , chap. pag. . concerning the pythaegoreans , the esseni , and concerning the just man at athens , which they would not have to swear ; and what the scholiast on aristophanes , lib. . p. . saith of rhadamanthus . cxix . lastly , bp. cauden in his discourse for solemn swearing , sayes thus much against it . . that dissimulations , frauds , jealousies , &c. gave rise to oaths . . that the ancient christians and fathers , that they might not be short of the esseni , who would not take an oath , refused to swear , saying to the heathen , christianus sum , i am a christian ; to each other , yea , yea ; nay , nay ; thereby keeping up the sanctity and credit of their profession . . that as christians , truly such , we should possibly need no swearing ; for an oath is not ( sayes he ) moral or preceptive , but an expedient or remedy only against falseness . lastly , that neither a true christian and good man need to be compelled to swear , in order to the awing him into truth-telling — nor is ill mens swearing of much credit ; with more to that purpose : what need then is there of either's swearing ? the substance of all which is this ; oaths rise with fraud ; mens growing false and jealous , swearing or awing by oaths into true evidence , became an expedient ; and during this imbecil and imperfect state of mankind , almighty god , that hath been ever wont to stoop to man's weakness , condescended to yield the jews that custom , provided that they refrain'd from common and idolatrous oaths ; and when they were called to swear , they did it by the name of the true god ▪ thereby manifesting their acknowledgment of him ; but christ , who is the restorer of breaches , the builder of waste places , the bringer back of the captivity of his people ( where oaths were first wanted and learned ) and the setter up of the kingdom of god ( which stands in righteousness ) redeems into truth-speaking which fulfils the law by taking away the occasion of an oath ; and such as are the true , humble and faithful followers of this worthy leader , need no oath to compel them into truth , to whom truth is natural , being freed by it , joh. . . from fraud & falseness , and consequently from swearing , which took occasion by it to enter the world. now we profess our selves in the fear of almighty god to be such as have thus learned christ jesus , and for the reverence and holy love we bear to his righteous commandment we can't take an oath in any case . object . 't is true , and you say well , oaths only serve till truth-speaking comes , and you say , it is come to you ; but how shall we know that ? answ . we intreat you to try us : no man can be justly condemn'd before he be guilty ; nor reputed guilty in the sight of men , till discover'd , you will have as easie a way to catch us at lying , as others at forswearing ; and if you find us such , inflict the same punishment for our lye , which is enacted for their perjury . be pleased to consider : i. the rise of oaths . ii the prohibition of christ . iii. the judgment of so many good heathens . iv. the belief & practice of so many primitive christians , celeb●ious fathers , godly martyrs , and learned protestants . v. the caution they use who in any sense allow of an oath . vi. that it is matter of faith ; and what is not of faith , is sin : and that we cannot alter our minds without conviction , unless we should turn hypocrites ; and what security can or will you have from our oaths , who must first make us to break the tye of our own conscience before we can take them ? it can't be thought , we should keep with you , when you make us break with our selves . vii . consider what express scripture we have for it , and that in the judgment and martyrdom of many good and famous persons . viii . be pleased to weigh the great perjury that is now in our world , and daily numerous oaths belcht forth by some , to show they dare be bold with sacred things ; by others , to vent passion ; by too many ( as they impiously think ) to grace their matter , whilst others have so great doubt of their own credit , that they swear , to drive , what they say , home ; and not a few use it , meerly to fill up vacant places , being barren of better matter . we tkink that instead of taking advantage against us for not swearing , in so forswearing an age , we should rather receive incouragement for speaking that truth without an oath , which others are compell'd to by oath , if yet they speak it . false-speaking necessitated the use of oaths ( say many ) but oaths proving now not the remedy , but the disease , what better expedient can be used then to come back to truth-speaking , which endeth oaths in their first cause , or occasion at least : however , that such as are not sick should be oblig'd to take the potions of the sick , only to keep them company , that seems vnreasonable . ix . be pleased to consider the perishing difficulties we meet withal in our commerce in the world , particularly as creditors , executors , merchants , ship-masters , apprentices , &c. men making us pay because of our tenderness in this matter . oh the oppression that is exercised in petty courts and sessions upon many hundreds of us , who know not which way to right our selves , an oath still being required in the case ; the refusal of which for conscience sake , exposing us to great losses , both of estate , liberty and sometimes life by tedious and cruel imprisonments . x. but the loss and trouble is not alwayes our own ; our neighbours frequently become sufferers against our wills : first , in that we can perform no office in common with them , however otherwise able to discharge it . secondly , nor can we serve them in the capacity of witnesses , which qualification goes a great way towards the maintenance of justice ; and all because our solemn word will not be received instead of an oath : relieving us here is a double benefit , for our neighbours share with us in it ; and it manifestly tends to the preservation of society . and whatever any may please to think of us , we are as willing and ready to contribute all honest assistance to the maintenance of justice , and answering the ends of government , according to our ability and conscience , as any sort of men that live under it . xi . and lastly , we intreat you further to consider , that our caution is as large as the man that swears : for though you make a difference between him that tells an vntruth , and he that forswears , in favour of the former ; yet we cheerfully submit our selves to the punishment of the perjured , if we break our word ; do you but please to take us into equal priviledge with the swearer : if there be any dammage , we conceive it is done to vs , who sustain the same punishment for an vntruth , which is the only due of perjury ; and if you condescend to yield us the kindness of the one , we offer our persons to answer the just severity of the other . we will add here out of hoof●'s history of the netherlands , a president , not impertinent to our purpose , fol. , . translated out of latin as follows . cxx . in this assembly of the states ( saith hooft ) there was something attempted towards the oppression of the menists , as appears by a certain letter , written from dort , the last of march , by the ld. st. aldegonde , to the minister caspanus heidanus ; which was thus worded . the cause of the menists hath since receipt of your and taffin's letters yesterday been treated of with the most illustrious prince ; and verely , i find it more difficult then i had hoped [ for ever may and will such cursed hopes meet with such wise repulses from prudent rulers ] for , he had at middelburgh given me great hopes , that we should seclude from the freedom of burgesses , or at leaft , not so solemnly receive those that refused an oath . now he alledgeth , that such a thing cannot be concluded without a new convulsion in the churches , because the states will never suffer , that such a law be made , as they judge no wayes conducing to the common good of the republick . yea , he avers , that this was the only cause formerly , which brought their consistories so far into the displeasure of the states , that it differed very little , but they had been all at once voted down , and laid aside by the council . that they [ the clergy ] were now again about the same thing , and that in such a season , that no doubt many would pour in cold water out of the popish hodg-podge . that his settled judgment was , that this would turn to great disadvantage , and breaking down of their churches . and when i [ saith aldegonde ] fervently urged , that we could easily reject those that broak the band of all humane society , upon pretence of civil and political order : and when i added ( saith he ) how much danger and peril church and state were threatned with by such a conclusion of the council , in it self ungodly , he answered me sharply enough , that those men's yea must pass for an oath ; and that we must not urge this thing any further , or we must confess , that the papists had reason to force us to a religion that was against our consciences ; and that the north-hollanders would not at all allow of it . in short ( saith he ) i scarce see any thing we can get done in this point , which verely [ ye may believe him upon his protestation ] is the greater smart to me , the more i observe that the minds of many honest men , by the pretending of i know not what unseasonable stumbling blocks , will be thereby imbitter'd , yea , i could almost say , wounded , to see them less affected ●o those , that to their uttermost seek to advance the cause of the church . the prince ( saith he ) partly in the name of the state , and partly of himself , chid me , as if we were about to set up in our clergy a dominion over the conscience ; and as if they endeavour , by their laws and constitutions , to subject all others to them : and he praised the saying of a monk that was lately here , who answered to the objection [ of the persecuting spirit of the romish church ] that our pot had not gone so long to the fire as theirs , whom we did so much revile upon that account — and that he clearly saw , that before two ages passed , the church-dominion would upon both sides stand on even ground . to which hooft adds , by this we may observe , of what consequence the prince and states then held liberty of conscience to be . and that what we have hitherto said may not be thought a thing impracticable , we shall present you with the judgment and edicts of forreign governments . here follow two letters of the grave of nassou and prince of orange , to the magistrates of the city of middelburgh , in behalf of the menists there . cxxi . a copy of the first letter . forasmuch as a supplication hath been presented unto his excellency in behalf of certain inhabitans of this city of middelburg ; complaining thereby , that the magistrates of the said city had lately caused their shops to be shut , and consequently prohibited their trade , which yet the only means which they have to maintain their families ; the s●id prohibition proceeding from their not having yet taken the usual oath , as others : the said inhabitants further remonstrating , how that they now , for a certain long term of years , have , without taking the said oath , freely born all civil burdens , contributions and taxes , equally with other burgesses and inhabitants of this said city , without ever having been in any default : and therefore ought at present still to remain unmolested , seeing they do therein not desire any thing else , then to live in the liberty of their consciences , upon which account this present war against the king of spain hath been by his subjects taken up , and all ceremonies contrary thereunto resisted ; in which such advance is , through the help of god , made , that the afore-said liberty of conscience is preserved ; and therefore it would be an unequal thing to deprive the supplicants thereof , who have helped to acquire the same by bearing taxes , contributions , and other burdens , not without great peril of their bodies and lives ; consonant to which they having presented a request to the aforesaid magistrates , but got for answer , that they must regulate themselves according to the policy and order of the aforesaid city : whereby ( saith the petition ) the aforesaid magistrates seem to endeavour by the oath , not only totally to ruin and expel out of these lands the petitioners , with their wives & children , residing in middelburgh ; but consequently innumerable others , in holland and zeeland , who have ( according to his excellency's proclamations ) placed themselves under his excellency's protection , by which no man can be any wayes benefited ; but all these lands received great and considerable dammage , because thereby the traffique thereof would be every where greatly diminished : intreating therefore , and humbly begging his excellency , that looking upon their case with compassion , he would take due course about it , especially seeing that the aforesaid petitioners do proffer , that their yea passing for an oath , the transgressors hereof should be punished as oath-breakers . therefore , his excellency having considered the premises , and having maturely deliberated upon the same , hath , with the previous advice of the governour and council of zeeland , ordered and appointed , ordereth and appointeth hereby , that the aforesaid petitioners , yea shall be received by the magistrates of the aforesaid city instead of an oath ; provided , that the transgressors thereof shall be punished as oath-breakers and perjured persons . his excellency charging and commanding the magistra●es of middelburgh , and all others whom this may concern , no further to oppress the petitioners contrary to their consciences , concerning the oath ; but suffer them to open their shops , and enjoy their trades , as they formerly have done : all by provision , and till such time as there shall be , in more tranquillity of affairs , with ripe deliberation , regard being had thereunto , ordained therein , as shall be found convenient . by my gracious lord , the prince , subscribed , de baudemont . this done under his excellency's name and seal , in the city of middelburgh , upon the . january , . guilliaume de nassou . cxxii . a copy of the second letter . the prince of orange , grave of nassau , lord and baron of bueda , diest , &c. honourable , honest , worshipful , wise , discreet , dear and singular : forasmuch as certain house-keepers there inhabiting , being , as they say , menists , have , by way of complaint divers times signified to us , how that you are daily molesting them , and depriving them of the means of gaining in rest & quietness their livings for them and their families ; forbidding them to open their shops , under the pretence , that they should refuse to take an oath in the same form as other burgesses ; upon which we having taken ripe deliberation : and forasmuch as the aforesaid people do proffer to bear equally all burdens with other citizens , and even in the case of arms , which mostly moves them to contribute , do you such performances at their charges , as your selves , or they that shall have the orders shall find in all reason and equity fit to be done , and they will bear it : we therefore conceive , that ye do very ill , not to permit them to live in peace and quietness , according to the mind of their conscience , according to the act which we , with the advice of the governour and council formerly afforded them , which they say , they have exhibited to you ; and yet notwithstanding , we find that you have hitherto refused to give heed unto it , and to our precedent letters , and so we are constrain'd for this last time to write this , by which we plainly declare unto you , that it concerns not you to trouble your selves in particular with any man's conscience , so long as nothing is tre●ted or done that might extend to any man's scandal ; in which case we will neither respect nor bear any man. and therefore we charge and order you expresly , to desist all further molestation or hinderance of the said menists in their merchandize or handicrafts to gain their livelihood for their wives and children ; suffering them to open their shops , and work as they have in times past done ; till such time as there shall be otherwise ordered by the generality ( who are thereunto qualified ) and therefore take heed that ye do nothing against this , and the act to them granted , or to further any fines from them upon that account ; provided , nothing be by them attempted , which might tend to the scandal of any man : and they shall bear all civil and equal burdens , as other men. herewith , &c. subscribed by copy , de baudemont . cxxiii . also , by the treaties of peace between the states general of the united provinces , and the kings of england , spain , &c. ann . . there is a special article therein contained , that all their ship-masters of merchant ships , shall carry along with them a sea-brief , according to the form thereby prescribed . in which it is expresly declared , tha● such master shall come before the magistrates , and by his solemn oath testifie , that such ship , whereof he is master , doth properly belong unto the subjects of the said states general ; unto which sea-brief , under the seal of the city's intire faith and credit is given . and although by the said treaties , the master was to give his oath , yet the magistrates in holland do take the solemn affirmation of such as cannot swear instead of an oath , and insert it so accordingly in their sea-briefs ; and then it runs thus , these are to certifie , &c. that a.b. hath before us solemnly affirmed and declared , that the ship c.d. whereof he is master , doth properly belong and appertain to the subjects of the states general of the united provinces , &c. which can be sufficiently evidenced , if required . this was the care , this the condescension of other governments , for the relief of persons under our circumstances : and we take liberty to affirm , that the trade and wealth of the vnited provinces , are owing more to the ingenuity and industry of those indulg'd dissenters then to them of the national religion , who would have slugg'd and tyranniz'd all into poverty and vassallage . have regard to our suffering condition , we beseech you , and shew your selves both natural to a member ( be we reputed the meanest ) of your own civil body , and so far lovers of him who said , swear not at all , as not to continue us sufferers for not acting against his command , at least , our sense of it , and therein of our own consciences ; but make some provision for us , as well as other countries have done before you , as in your wisdom you shall think meet ; that all those , who are of the society of the people called quakers , and known of themselves to be so , shall not be molested for the future upon the account of swearing , but their s●lem● yea or nay shall be taken in lieu thereof , and their untruth , or breach of word , punishable as perjury . god , we know , that delights in mercy , and in all acts of tenderness to the sons of men , will favour so natural , so generous and so christian an enterprize ; and the proposers , promotors & effecters of this happy deliverance from the heavy clog of swearing , under which we and our families have so long groaned , will not , we da●e believe , go without their rewards at the hands of the almighty , whom , at what rate soever ye shall deal with us , we do , from the bottom of our souls , humbly and heartily implore , that it would please him so to dispose your hearts , as ●ou may best discharge that high trust reposed in you , to the ho● of his great name , and the prosperity of this famous 〈◊〉 , the most certain foundation of true feli●ity 〈…〉 ●nd which will give , as a good example 〈…〉 ●st reputation to you and your posterity . this perform'd in the 〈…〉 for the service of the pe●le 〈…〉 william 〈…〉 richardson . notes, typically marginal, from the original text notes for div a -e * lived before chr. . years . h. grotius on mat. . bp. gauden of oaths , p. . in psalm . ●amb . . commen● . on hebr. c . hom. . on acts . hom. psal . . ad pop. antioc . on mat. . on mat. . on psal . . on mat. . vit. chr. p. . c. . on mat. . p. . and . on mat. . , . deutr. . ▪ , . mic. . . bish . gaud. of oaths , p. . acts . . ephes . . . numb . , . fest. ad lapid . polyb. l. . c. . alex. ab alex. l. . gen dier . . cic. l. . ep. . arist . pol. . plin. in pan . ad . trajan . c. . lindenbro . c. . sect . . bp. r. sanders . de jur oblig . p. . joh. . . & . , ● . mat. . . mat . . . thess . . . phil. . . ephes . . . pet. . , . john . . ephes . . , , , , , . these nations were many hundred years bef . christ . liv'd before christ about . years ; being in the dayes of gideon , judg. . bef . christ . years ; in the dayes of hosea , joel and amos. bef . christ . years ; in the dayes of josiah . bef . christ . years . bef . christ . years ; these three persons liv'd in the time of jeremiah and ezekiel . bef . christ . years . bef . christ . years ; in the time of ahasuerus , ezra . bef . christ . years ; in the dayes of haggai & zachariah . bef . christ . years . bef . christ . years . these two lived in the days of malachi . bef . christ . years . bef . christ . years . bef . christ . years . if it be a great good , not to swear at all ; what is it to impose an oath ? page . page . euseb . eccl. hist . lib. . cap. . euseb . lib. . cap. . tertullian was a lawyer , son to a centurion of pro●consular dignity . see his life . rigaltius adds , i will speak plainly , that the emperor is lord , but after the common manner . tertul. ad scap. c. , . apol. c. . * i do offer sacrifice by prayer , c. . tertul. de idololatria , cap. . it is confest by le prieur , that the christians did deny all swearing . bruno and cassiodorus on psalm . & psalm . . this cassiodorus was a roman senator & counsellor of theodoricus , about the year . * there are about . corrections in tertullian his works . suarez . de juram . c. . * infidelity keeps company with swearing : and for a christian to swear , is with clem. alexandr . to turn infidel again . he makes two prohibitions , as we do : . swear not by god ; . by no creatures . ibid. tract . . mat. . num. . . king. . . orig. against all swearing with us ; and compelling . orig. on jer. . , . cypr. epist ad corn. n. cyprian de mortal . euseb . apud stob. de jure●ur . c. . athanas his abhorrence and derision of oaths . athanasius his reason and dislike of oaths . object . answ . athanasius will not have it , that god ever swoar , properly & strictly taken ; only in a way of speaking , having the truth & immutability of the truest and greatest oath this , if that clemens , should have been first , because he liv'd in paul's time ; but we were not willing to begin our testimonies with a suspicion : howbeit it is an ancient writing . l. . c. . socrat. eccl. hist . lib. . cap. . * pray mark where basil layeth the blame , if a word go not for an oath . joseph swore not . paul swore not . ad nepotes . above . l. basil . mag. can . . basil's expedient , to remove oaths . the reason of prohibiting oaths . god swears not . paul did not swear . see tertullian before , to whom this agrees . mark how gregor . naz. speaks of the scripture , in comparison of god's omnipresence with the mind and the sense , and regard man ought to have of it . greg. naz. his account of an oath . greg. naz. on cant. hom. . exhortat . ad virgin. ambrose on mat. . * he was for inspiration & perfection . psalm . ambr. com. on heb. c. . oaths founded on defect , not to be encouraged ; then not to be imposed . id. hom. psa . . ad pop . antioch . hom. . the reason of oaths . against the dispraise of solitary life l. . of compunction of heart , l. . against the jews , hom. . agreeing with euse bius before . the godly zeal of chrysostom commendable . much less to force others . chrys . calls swearing & compelling to swear at all , an error ; then we are orthodox . see his great praise in soc. schol. l. . c. . he was of the race of senators . remember tertullian's case by this . homil. . ecclog . de juram . hom. . ad pop . avitioc . chrysost . against giving an oath . chrysost . exexhorts to be right quakers by trembling , & not swearing . against compelling to swear , & shows how to avoid it . he differs much from those that punish us for not swearing . on mat. homil. . ● object . constancy in not swearing getteth veneration . object . great rea●on . object . this is true christian doctrine . with christians it ought to be so . what evil is it then to hale men back again upon penalties ? * a great enemy to images . † the reason why god admitted oaths . no ordinance of god or man originally , but ▪ corruption insensibly brought it , & god only suffer'd it by a true deity till the times of reformation . object . his reason our reason . object . much regarded and observed by venerable antiquity , said jam●s and the fathers , part . page . act. mon. v. . p. . a great ●ruth ; forswearing ends in no swearing . excellently distinguisht , and the sordidness of oaths fully represented . according to eusebius . the unhappiness of swearing , especially against conscience . his advice about the — matter , when drove to a pinch . object . his caution to those that impose oaths , and reflection upon the practice . lying as bad as swearing in his esteem . admirably well argued . his rebuke to the clergy for tendring the gospels ( or bible ) to swear on . again , the original of an oath . he concurs with us . the definition of an oath . a severe declamation against compelling people to swear . again , of the danger of compelling people to swear ▪ object . object . object . object . * an oath is a binding of god for our security . a pathetical censure of oaths , and them that use them even in courts with what tenderness god's name should be used . chrysostom's boldness . he testifies our mind . † mark the great zeal of chrysost . in this place . * men never could plead conscience for not being believed without an oath ; many have , to be credited without one . * this was chrysostom 's exhortation now it s said , how can we trade without an oath ? object . encouragement to sustain the penalty . our doctrine made an axiom by chrysostom . hom. . p. . god never ●wore properly . an excellent reason why oaths were permitted . this between the two stars seems a self-contradiction ; but doubtless he intends it of the d prohibition in a further reason , why oaths were permitted . this between the two stars seems a self-contradiction ; but doubtless he intends it of the d prohibition in a further reason , why oaths were permitted . if men can't swear safely , then it is more dangerous to swear then not to swear and it is better for people , nay , they are bound to refuse it . de mend●c . it is obscure & intricate . de verb. jacobi , ante omnia nolite jurare , serm. . * if it belongs to the righteousness of the kingdom of heaven , not to swear , then what will become of those that not only break that commandment of , swear not at all , but teach men so to do ? nay , punish men for not obeying such anti-evangelical doctrine . † then certainly they are to be rejected of true christians . euseb . pam. socr. schol. evagr. &c. thes . . . phil. . . soc. l. . c. ● evagr. l. cap. . c. . euseb . eccl. his . l. c. . l. . c. ● . pelagiu● , a brittain , an . . wrote notable books , saith sennaida , who lived soon after him . see baronius , an ▪ . joh. walden against john wickl●f and waldenses . reiner . rub. capitan . w. w●dford . gui carmel . v●ss . histor . pelag. l. p. . bp. vsher , de success . de juramentis , l. . c. , . agreeing with chrysostom . l. . c. . ep. lib. . epist . . not to require an oath by any means of another man. on mat. . suspicion , the cause of an oath . on deut. . a smart and true answer . nilus forbids oaths . on jer. . cyril . see catena . . grae● . patr. on luk. . p. . on psal . . agreeth with augustine . on eccles . . chap. . beda in ep. jam. c. . spelm. brit. council . p. . on the revelations , p. . * he makes oaths jewish , at least in opposition to evangelical ; because imperfect , & permitted to the jews in condescension . p. . q. . see bibliotheca veter . patrum . they all agre in the reason of suffering oathes under the law , viz. the jews weakness . vid. baron . anno . joh. walden adv . wicklif & waldens . reiner . rub. capitan . w. woodford . de success . l. . ban. anno . n. . j. fox mart. v. . p. . men honoured by protestants . j. fox mart. v. . p. , to . geff. chauc . works , fol. . j. fox mart. v. . p. , . j. fox mart. v. . p. , . j. fox mart. v. . p. . * if they could not , it was then held none could ; so that then it was denying all tenders . ibid. p. , . j. fox mart. v. . p. , . spots . hist . pag. . w.c. albrid p. , , . morl. hist . p. , . j. fox mart. v. . p. . comm. on mat. . erasm . here plainly forbiddeth all swearing on any account . comm. on jam. . then not by god ; for the common people esteemed him sacred . gloss on mat. . p. . on mat. . fol. . comm. on mat. . on king. . n. . ii. on mat. . p. , . de quaest . jur . christ . p. . pag. . hom. . in cant. pag. . const . . & . comm. on tim. . pag. . lindenbrog . cod. l●g . antiquar . ibid. ibid. ibid. on mat. . & de jur. bell. ac pac. p. . c. . ad . de juram . praelect . . viz. all their reverent fathers in god , arch-bishops , bishops , deans , and the● judges of the land , justices of the peace , and all officers term'd ecclesiastical or civil , judges , priests and people no christians , else would they suffer christ's doctrine to be obeyed , who not only enforce oaths on strangers , but having the like d●ffidence , one father in god of another , one judge and justice of another , impose them on their brethren and fathers , with equal d●strust . the reasons of the new converts taking the oaths to the present government in a dialogue / by the author of the reasons of mr. bay's conversion. brown, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -- england -- early works to . oaths -- england -- early works to . dissenters, religious -- early works to . oaths -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the reasons of the new convert's taking the oaths to the present government . by the author of the reasons of mr. bay's conversion . in a dialogue . — multa in homine signa insunt , ex quibus confectura facile fit , duo , cum idem faciunt , saepe ut possis dicere ▪ hoc licet impune facere huic , illi non licet , non quod dissimilis res sit , sed quod qui facit . ter. — uxori nubere nolo meae . mart. london , printed in the year . the preface to the reader . there needs nothing more be said concerning the following dialogue , then that it was written about a month agoe , as several gentlemen in town know very well ; and that it had been then published , but for a particular reason , that is , not perhaps so very convenient to be told . the author is not so great a fool , as to imagine that a little fair language in the preface will make any sensible reader think the better of his performance ; only he begs ▪ leave to acquaint him with the occasion of printing it at this time ; especially when so many people of such different opinions and characters in the world , have appear'd on the same subject before him . last week there came abroad a certain poem called the weesils , which several persons were at first pleased to lay at my door , though now they are satisfied it was done by another hand ; the author of it having since thought fit to own it publickly , and so to take care , that whatever reputation or scandal was to be gotten from such an undertaking , might not be carried away by a stranger . however a certain nameless rascal about the town upon no better a ground , than the common report , which yet the fellow owns to be a common liar , charges me with writing it : and though in the beginning of his libel , he cants about the gates of mercy being always open , and that excellent rule of not doing to others , what what we would not have done to our selves , yet before he had fully informed himself of his man , or the merits of the cause , he very honestly recommends it to the pious care of the doctors relations to get me knocked in the head for abusing his lady ; and at last tells the world that i am as proper a person as any is in the three kingdoms to be shewn at chirurgeons-hall . i am sorry for the reader 's sake , that this malicious wretch is of too mean and sordid a character for me take him into my consideration ; for otherwise , the scriber might expect to receive a small cast of my old office ; and i assure him he should find to his own cost the heaviness of my hand , if i were in humour to give my self the trouble of ierking him . however before we part , i must tell him , that i have no reason as yet to be so weary of my life , as to desire to be deified after andrew marvel's manner : nor are my obligations to the city physitians so very great , but that i could be content to see all of them hanged , before they should ever come to learn anatamy at the expence of my tabernacle . if i must be sent to another world , i think 't is but reasonable that it should be for something of my own , and not for the merits of another man ; and therefore for this reason i was resolved to publish the ensuing dialogue . what served to confirm me further in my resolution to print it , was because it having been transcribed by several hands contrary to promise and without my own consent , it cou'd not fail one time or other to steal abroad ; and according to the common apology that we authors use to make in such cases , i was not willing , that what was design'd as a satyr upon other men , should turn to be a satyr upon my self . i hope none of our dissenters are so vain as to imagine that i wou'd ever contribute to make them merry at the charges of any member of the established church ; if they please to turn over two or three leaves , i don't question but they 'll be sensible enough , that i design'd no such matter ; and to say the truth , if a man may guess at the hearts of a people by their pamphlets and coffee-house conversation , one has all the reason in the world to conclude that they 'll preserve the honour of monarchy under this reign , much after the same ra●e as they consulted the security of the protestant religion under the last . i was always of opinion , that nothing in the world is so ridiculous as a feeble , impotent satyr , and that consideration perhaps has carried me sometimes into such heats as i will not pretend to excuse , tho it is easie enough to observe that i have often avoided to pursue my reflections , even where there was a plausible occasion to do it . 't is as impossible now to retract what is done upon this score , as it would be foolish to implore the reader 's candor to forgive it : but however as this is the first time i ever meddled with so nice a subject , so 't is likely to be the last . the reasons of the new convert's taking the oaths to the present government . in a dialogue between timothy , and freeman . tim. vvho's that , my old friend mr. freeman , e comitatu bucks ? 't is the very same , i 'll e'ne go and renew my acquaintance with him . dear sir , your humble servant ; how have you done this many a fair day , and how long have you been in town ? freeman . but just come out of the coach , as you may perceive , where it has been my misfortune to do pennance all the way , in such intolerable company , as never any man was plagued with ; men of no sense or reason , yet mighty politicians , and ten times more troublesom . tim. than damnation burgess , when he 's answering cases of conscience , or millington at an auction , or a scotch-man upon an occasional sermon : but prethee who had you got with you ? freem . there was a venerable old gentleman , that by the courtesy of the late reign , was made a iustice of peace ; and he was declaiming perpetually upon the puissance and heroical vertues of louis le grand , whom he fancied to be as irresistible at the calvinist divines make god's grace . then there was a leash of country attorneys , who took a great deal of care i heartily thank 'em , to stun me all the way with their damn'd unintelligible law-cases , which i had no more a mind to understand , than i have to learn , either the modern notions of government , or the modern systems of theology . lastly , to compleat my misery , we had an ancient sage matron in the coach , and she with tears in her eyes , railed very devoutly at the lewdness of the present age , occasioned by the non-resistance doctrin of some divines ; i thank god , says she , i never practised it since i was fourteen : and then she fell as severely upon the miscarriages of the late fornicating admiral ( as she called him , ) as a she tarpaulin , who has lost her only husband in the engagement . tim. a very pretty consort i'faith . so i don't question but what between the politicks of the justice , and the impertinence of your lawyers , and the pious ejaculations of your female companion , you found your self as uneasy , as a blundering cit amongst the verse-repeating beaux of wills coffee-house , or the chair-man of a committee amongst his herd of country petitioners . but setting this business aside , prithee tell me how thou hast done this long while , for unless i am mistaken , 't is above three years since we saw you last in town . freem . why truly tim. i live after my old laudable custom still ; sometimes i divert my self with a chearful bottle , and sometimes , pass away an hour or two with an honest old author ; for to say the truth , your new gentlemen scarce deserve a reading . i pay my taxes without repining ; do what good i oan amongst my neighbours , never trouble my self with other mens business ; and though the duty i owe to their present majesties will not permit me to talk so scandalously and disrespectfully of the two late reigns , as some hot-headed sots have done , yet i am as well satisfied with the present establishment , and as zealous for the prosperity of old england , as the forwardest courtier , who has made his fortune by the revolution , and consequently is obliged to stand up for it as well upon the score of his interest as his choice . thus i have answered your question , and now prithee let me know what news you have in town . tim. a right country gentleman's question i'faith , for the first thing he generally asks you is , what is the news ? as the country ladies when they come up to town , enquire in the first place , which is the newest play or lampoon ? which is the topping mistress of the court , or the most fashionable suit of ribbons at the exchange ? well then to satisfy your curiosity , you must know that there has lately happened a very remarkable change or conversion , ( call it which you please ) of a certain person here in town which no body could ever have imagined or expected ; and now i leave it to you , to conjecture what it is . freem . a conversion , and that a very remarkable one too ! why then i fancy . tim. that your friend mr. bay's is returned to his primitive church . tim. nay the lord knows , which is mr. bay's primitive church ; but prithee why dost thou trouble thy head about a poet's religion ? for as we say , a beggar is never out of his way , so a poet is never out of his religion . freem . well then , a discarded jacobite captain turn'd an humble retailer of wicked bottl'd ale and brandy ; the discarded recter of exeter , turn'd a friend of athanasius ; or the never to be forgotten apostate turn'd a defender of passive obedience ? tim. no. freem . a physician turn'd a zealous expounder of the bible ; or a sworn friend to scoth-cloth , reconciled to lawn-sleeves ; or a city usurer turn'd a refunder of his ill-gotten estate ? tim. no. freem . a son of slaughter at white-chappel converted to the observation of fish-days ; or an old inveterate republican turn'd a stiff assertor of monarchy ? tim. no , but you had best consult mr. ferguson to resolve your last question . freem . is dr. oates reformed from his usual way of raskalling people , and return'd to the use of his memory and good manners on the sudden , or has that bloody sweare● refused to take the new oaths ? tim. why don't you know , that in a late auction of paintings there was a picture of the dr's to be seen , where he was represented like a blackamore with a glocestershire parliament man a washing him , in order to make him rectus in curia , by the same token that it was called , the labor in vain ? freem . is the red-fac'd chaplain-maker of whitehal reconcil'd to the choice of honest divines and renounced taking mony for places . or have any of the topping sons of schism by the bribe of a good deanry or bishoprick been converted to the liturgy ? tim. no , no , but hark you friend of mine you had best have a care what you say . sons of schism ? why , i tell you every man amongst them disowns the word , and say , that thanks to the new laws , they are as much an established church , as you know which was . freem . is there then no difference between tolerating and establishing ? after this rate ▪ the bear-garden and play-house may all in good time pretend to be established parliamentary assemblies — but to go on ; is there any of the new interpreters of daniel and the apocalyps converted to sense and reason ? or any of the modern comprehension-men converted to a good opinion of the poor suffering ceremonies of the church ? tim. no , not a single man among 'em as far as i can hear . freem . to conclude then : is the vicar near charing-cross convinced there 's not so much bawdry in the service of matrimony as without it ? is any noted s●●●●ian turn'd a friend to faith ? or any of the good people of doctors-commons to unlicenc●d marriges ? is a 〈…〉 ●arlon turn'd a friend to cleanliness ? any court - 〈…〉 ●●nen , and no back-biting ; any litigious attorney to 〈◊〉 and arbitrations ? any thrice married widow to impotence ? any of the town criticks to modesty ? or lastly , any alderman that was begotten on a bulk , to heraldry and pedigrees ? tim. no , you have not hit the point after all . freem . why then the devil take me , if i am able to guess what is the matter . to pursue this point any further , i find , would be as endless a piece of trouble , as to reckon up all the dull , stupid , senseless passages on the conference at the brasiers shop in long-acre , or in sh-dwel's panegyricks ; or to give you a list of all dr. pain 's pretended reasons for alterations , or all the similies in the plain dealer . therefore let me once for all intreat you dear tim. to put me out of my pain , and let me know what mighty business it is you have to communicate . tim. prepare then with reverence and attention to receive what i am going about to deliver for ; give me leave to tell you sir , now we are nose inter nose the saying is , 't is the most surprizing , unexpected piece of news you ever heard in all your life . freem . lord ! what a deal of insignificant flourish and preparation is here to usher in , it may be , but a foolish story at last ? why , by and by th●● wilt perswade me , that the monument last week took a pair of oars to go and plead the cities cause against the orphans at the kings-bench , or that the two old pastboard giants at guildhal have laid their heads together to confute . baker's chronicle , or wood's oxford antiquities . tim. nay , sir , since i find you begin to be somewhat must and all that , like father teague in the play , when the outside of the door was put upon him , i am resolved to ease you of your trouble immediately . know then for a certain truth , that one of the most celebrated divines we have in town ( i must not give my self the trouble to name him to you ) who has silenced the papists , confounded the independants , lately maul'd the anti-trinitarians , and by his zealous performances for passive obedience , has made little atwood pass for a great author ; has at last upon mature consideration , and after a year and halfs chewing the cud upon the matter — . freem . done what i prithee . tim. why , faced about to the right , and taken the swear . freem . and is all your mighty news , which you prefaced with so much show and ceremonie , come to this sorry issue at last ? parturiunt montes , nascetur ridiculus mus. to be plain with you , i am not at all surprised at what you have told me , i have heard of it before ; but because i hate to be behind hand with you , or any body else , in lieu of your domestick news , i 'll acquaint you with a very remarkable foreign story . tim. with all my heart , begin as soon as you please . freem . a certain dutch grammarian , ( no matter for his name or place of abode ) in his commentaries upon suetonius's lives of the twelve caesars , when he comes to take the emperor domitian to task , who you know took a strange pleasure in dragooning prince belzebub's subjects , meaning the flies , out of their lives and fortunes with his royal needle . tim. very well , i understand you . freem . wonders , in the name of god , how the emperour cou'd ever find in his heart to butcher the poor flies ( in the pedant's dutch latin , called vespas , ) after so barbarou a manner , since his own natural father's name was vespasian . tim. a very pretty edifying story this , as i take it . freem . at last he concludes with this observable sentence , ingens est hoc profecto mysterium , nec facile explicandum . tim. so sir i am your very humble servant ; but you 'll infinitely oblige me however , if you 'll be pleased to think of making an application to your story . freem . why then i must tell thee tim ▪ in plain downright english , that i wonder full as much , as the dutchman did at 〈◊〉 above mentioned passage , that thou should'st ever have the assurance to 〈◊〉 the dr's conversion , as thou callest it , upon 〈◊〉 for such a strange piece of news : for to give you my sen●●●●●● 〈◊〉 for all ●pon this occasion , i rather wonder that it was so late before he reconciled himself to the government , than that he was prevailed with to do it at all . tim. nay , now i perceive you are in the humour of maintaining paradoxes ; for though you seem to make so slight of this news , yet give me leave to tell you , it has been matter of astonishment almost to every body here about the town . but may a man be so happy as to hear you produce any reasons for what you have said ? freem . ay , with all my heart . you must know then that several worthy persons whom i could name to you , if there were any necessity for it , came immediatly after the revolution , to advise with the doctor in that exigence of affairs . some of 'em he disswaded from taking the oaths , and without question furnished 'em with his own reasons for his dissenting from the government in that particular , and i don't hear that he ever sent for 'em to come in with him ; but when others came to consult him about the very same business , he was pleased to say , that he would prescribe to no bodies conscience but his own ; and so dismist them with bidding them use ▪ their own discretion in the matter . tim. well , and what of all this ? freem . why , say i , any man who could deliver himself so ambiguously upon a question that so nearly concerned the security of the government , and the wellfare as well as the honour of the established church , either looked upon it not to be a thing of that importance , as it really is , or else had not fully determined his sentiments either to the lawfulness or unlawfulness of it . i am of opinion , that nothing but the fear of incurring the guilt of perjury , could excuse any man from giving the government so reasonable a satisfaction , as the taking the oaths amounted to . now that the doctor was , not fully perswaded in his conscience that there was any perjury in such a compliance , is very apparent as i think , from his advising the gentlemen to make use of their own discretion ; which he would never have done , if he had really believed that so black and scandalous and cowardly a sin , would be the necessary consequence of it . tim. well then , granting all you have said to be true , what advantage do you intend to make of it ? freem . that the doctor considered the taking of the oaths to be only an indifferent thing , and no more , which a man might either do or not do , at his own pleasure ; for otherwise it had been his duty to disswade all persons who came to be advised by him , from swearing . now tim , pray tell me what miracle is it for a man to part with his opinion about an indifferent thing , when there 's nothing but scandal and poverty to be had in maintaining it still , and so much interest and advantage to ballance him to the contrary side ? tim. to say the truth , there 's no extraordinary miracle in such a case . but then i would have you consider , dear friend of mine , that the doctor 's circumstances were perhaps clearly different from the gentlemen's that came to consult him ; and consequently what might be either lawful or expedient for them to do , might not be so lawful , at least so reputable for himself . freem . let me desire thee honest tim to explain thy self a little farther about this same business . tim. you know to what heights , or rather extremities the doctor has all along carried the doctrine of passive obedience ; you know how stiffly and zealously he has asserted the ius divinum of monarchy ; and with what assiduity and pains he has combated the other party ; who fell upon different schemes and notions of government . and therefore imagining that several passages in the late revolution could not be well reconciled to what he had formerly preached , what wonder is it , if he could not at that time prevail with himself , to give his assent ? freem . nay , if that reason is worth a farthing , it holds as well now as it did the last year . tim. prithee let me alone for a while , and afterwards say what you please — but then this cafe , as i told you before , seems only particular to the dr. for the other gentlemen perhaps never preached or printed those doctrins , which the dr. has , or perhaps never believed a syllable of 'em , as is evident some of their brethren never did , who in several treatises and sermons that have been published since the abdication , pretend to assert abundance of things , that were not so very current doctrin in the two late reigns . and so the dr. might excusably enough leave 'em to use their own discretion in the matter , since if they complied with the government it wou'd contradict nothing which they formerly preached or believed . what may be the reason do you think why the fanaticks are so loyally affected to their present majesties ; and were so easily brought over to renounce the last ? all the world knows what a great deal of dutiful care they took to lull asleep the late king with their addressing opiates , and sacrificing their lives and fortunes to him , whenever he should have an occasion to make use of them . and yet among so numerous a herd , unless a very few , and those incognito , none have scrupled to take the oaths , altho you know they are a people that understand how to make the best of a scruple of any men breathing . their democratick principles are still the same , and their sincerity to this government has no better a foundation than what they pretended for the last . therefore in short the business is this , besides the interest they perceived in crying up their loyalty now , our last turn of affairs could not but be very acceptable to those persons , who all along placed the sovereign power in the multitude ; and made their princes upon every transgression and male-administration in the state accountable to the people . freeman . as for what concerns the fanaticks i readily own . but then the other part of your discourse , tim. is not so well grounded as it ought to be . you say the dr. might refuse to take the oaths , because in doing so , he must run counter to several principles , which he had formerly justified and asserted ▪ now if this be true , he 's as much oblig'd at this present moment to dissent from the government , as at first . you say likewise that the case of those gentlemen , who consulted him about taking the oaths , is very different from his ; but this i take neither to be satisfactory nor solid . the question is , whether what the dr. has formerly preached or written , is the true doctrin of the church of england or no ? if it is not , i am of opinion he 's bound to make a solemn retractation of it ; and if it is , it obliged his brethren , who came to advise him , equally with himself , altho they never preacht it , or publickly justified it in print . for instance , here are two clergy-men , one of 'em preaches against oppression and covetousness once a month at least , and perhaps has appear'd in a term-catalogue upon that subject ; the other , we 'll say , never medled with the point in all his life : and yet you 'll never conclude i suppose , that the latter has more pretence and plea to cheat the poor , and trouble his parish for a single tithe-pig than the former . after all , tim. you seem to make the dr's dissent rather to proceed from a nicety of honour than a principle of conscience ; for which piece of service , i believe , he 'll never return you his thanks : now i wonder in my heart , that you should lay so great a stress upon that point , or admire to see one single man be prevailed with at last to make a sacrifice of his honour , ( if even so much as his honour be concerned ) when you see so many thousand people in the world , that make no scruple at all of sacrificing their conscience . tim. but prithee wou'd not you have a man be careful to preserve his character and reputation in the world , and study to give as little scandal as may be ? freem . ay without question , tho as the world goes , i don't think a man ' honour and reputation are worth the while to be maintained at the expence of starving for 'em , and some people i cou'd name to you , wou'd scarce put that dangerous compliment upon their religion , as to suffer any severe extremities for its sake . besides , now you talk of scandal , i question whether the dr. has not given a great deal more scandal by his late compliance with the oaths , then then his former dissenting from ' em . before he was generally considered as a person of conscience and honour , and now perhaps abundance of ill-natur'd people will allow him a share of neither . and what may serve to confirm 'em in such an opinion , is that the dr's conscience , which has for this long while lived among the laywers , has not been so uniform ( if i may use the expression ) as you imagine it first sight to be , or i cou'd have wished it had been . tim. i wou'd desire to know how you make that out , noble sir ? freem . i call that an uniform conscience , tim , which proceeds regularly in all its actions , and never does any thing in contradiction to its own principles . now let us see whether the dr's conduct since our new establishment of affairs can endure the left of this definition . most men will agree that the reason why the dr. refused the oaths , must be , because he apprehended it was sinful to take them ; so then if the dr. at the same time when he judged the taking the oaths to be sinful , nevertheless submitted to do another thing , which was tantamount to taking 'em , how can you or any man else excuse him from acting quite contrary to his own principle ? tim. this is very true , i own , but however it is not enough to say so , unless you can prove it . freem . i was in good hopes you would never give me the trouble to prove so plain a point . did you never hear then , that when some of the doctor 's councel had found out a loop-hole for him in the act of parliament to enable him to preach at his lecture in st. dunstans ' , how he prayed very heartily for both their majesties by name , when at the same time he cou'd not prevail with his conscience to swear to ' em . tim. why prithee man , every body in the town knows that . the truth on 't is , people discoursed very differently upon that occasion ; but all his friends , who at that time seemed to justify his proceedings , were agreed that it was a different thing to pray for a person , and swear allegiance to a person ; for you know the apostle commands us , to pray for all men , but he no where commands us to swear to all men. freem . this is a very miserable pitiful shift , as i take it , when it comes to be narrowly examined ; for prithee tell me , honest tim , what is it to swear allegiance to any prince ? tim. to acknowledge in the presence of god almighty , that the prince to whom i swear , has a lawful title to the throne he possesses ; and consequently to my fidelity and service , as far as the respective constitution of the government , where i live commands it . freem . well then , and is not praying for a prince , and recommending him in all his acknowledged titles to the protection of god almighty , the very same thing in effect with swearing to him ? i am sure it is , if your heart goes along with your words ; and a church , as far as i understood the matter , is none of the fittest places in the world for a man to prevaricate in . besides tim , there 's this remarkable difference between swearing to a prince , and praying for him , that you may perhaps have occasion to swear to him but once in your life , and that before very few witnesses ; whereas you are obliged to do the other once a week at least , in the face of a very numerous and solemn assembly . tim. but how do you know , dear friend , but this very same case which looks so intricate and perplexed at first sight , may be made to appear plausible enough with the help of two or three of the doctors distinctions ? freem . nay let ▪ me conjecture you , tim , to overwhelm me with no distinctions as you love me ; for the case is so very plain and obvious , that it will not admit of any . i am certain that , where there are two controverted titles , if my conscience would not give me leave to swear to a prince , my conscience would never permit me to pray for him publickly ; and i am as sure , that if i could prevail with my conscience to pray for him under the title he assumes , and which this person once controverted , ) i should never make any scruple of swearing to him . the apostle you tell me , commands us to pray for all men. so we do , and for my own part i can pray very heartily for the grand seignior , the cham of tartary , or the great mogul without any remorse ; but at the same time i can never pray for any of the aforesaid monarchs as king of england , and so forth ; or if i could , why then as i told you before tim , i should make no question of testifying my acknowledgment of them by an oath . tim. that may be your conscience perhaps , but it were as ●●reasonable to think that all people are acted by the same conscience , as to imagine that all people pursue the same end , or think the same things , or are influenced by the same motives . you see several hundreds of men flock every sunday to church , yet one man goes there to pick a pocket , a second to make an assignation with a girl , a third to take a comfortable nap , and a fourth perhaps to hear dr. sh●● contradict himself . thus every man has his particular aim or design , and so it is in the business of conscience ; a thousand men may do the same thing , and pretend their conscience is interested in the doing of it , and yet every particular man's conscience may proceed upon a different motive or salvo . as for an instance , let us examine the case of swearing to this present government . the dissenters , of all sects and denominations , do it to be revenged on the monarchy , and passive obedience ; for , tho' the protestant religion is the word with them now , it is not to be imagined , that those people , who shew'd so small a concern for it in the late reign , should heartily entertain any affectionate regard for its welfare in this . it wou'd be too tedious a business to examine the grounds upon which all the rest have gone ; yet you may be pleased to observe , that as all of them have embarqued their conscience , more or less , in this affair , so generally speaking , every man's conscience goes a different way to work ; for conscience is a very intricate thing , and oftentimes is influenc'd by very unaccountable considerations . freeman , that observation of yours is very true , and i could cite several famous modern examples , to prove the truth of it , but shall at present only content my self with one of ancient standing . is it not a strange thing , that pythagoras , who had the reputation of a wise and learned philosopher , should ever make it a matter of conscience to refuse the eating of beans ; or that any of his disciples should arrive to that prodigious degree of stupidity , as to be confessors for that sottish , unthinking , bean-renouncing doctrine ? and yet we have one of their names upon record , who chose to undergo the punishment of the rack , rather than gratifie the curiosity of a certain tyrant so far , as to acquaint him with the true reason why pythagoras forbad so innocent a food , and at last very heroically bit off his tongue , lest the extremity of his torment should oblige him to part with so profound a secret . here was an odd whimsical sort of a conscience , with a witniss ; and i believe you 'll find it a hard task to meet with a conscience in any of the conventicles about the town , that would suffer so much for its lawful prince , as this poor fellow suffer'd for a bean , and is very like the conscience of a certain person , who never saw his cathedral , and yet took that care of his diocess , as to prohibit 'em the eating of black puddings , because it seem'd to contradict st. paul's admonition about blood. but all this while , honest tim , as i take it , we have discoursed besides our matter , therefore to return to our first subject again , prithee tell me how the dr's conversion relishes with you here in the city . tim. why you know there are store of malicious people in all communities in the world , and these are hardly to be pleased . indeed , as for the generality of the established church , they are well enough satisfied with his new acquaintance with the oaths , & don 't at all question , but that as he had leisure and retirement enough to study the point , so he has at last complied upon very solid substantial grounds . freeman . well , but the dissenters , i hope , are very well satisfied with his coming over to us . they seem , you know , upon all occasions to be very zealous and affectionate to their present majesties , by the same token , that by their good will they could be content to have all the gentlemen in the kingdom hanged out of the way , or de-witted , who refuse to acknowledge them by taking the oaths . therefore , i should think , it must needs rejoice the hearts of all these worthy patriots , to see a person of the doctor 's learning and character , lay aside his former prejudices to our settlement , and voluntarily own it . tim. no , no , you are quite mistaken ; the dissenters are masters of too good memories , to be ever guilty of any charity towards a man , who had the boldness to touch the copyhold of the schism . they rail at him ten times more furiously than ever they did , and challenge him , if he dares , to reconcile his present compliance with his old musty notions of passive obedience ; and then they say , they 'l get enroclydon baxter , or one of the poultry divines , to reconcile transubstantiation to his preservative against popery . freeman . but are they all so inveterate ? what , not one single man amongst the whole herd , that congratulates the government for the great happiness of his reduction ? tim. the only man i hear of , who has been pleased to testifie his joy for this occasion , is that learned son of socinus , mr. thomas f — rm — n by name : he pretends , that the doctor has effectually answered all his other treatises , by taking the oaths , excepting his late book against the anti-trinitarians , and he comforts himself , that the doctor will all in due time ruin the reputation of that piece ; for , says he , the dr. has got such a pretty way of answering his own books , that 't is a thousand pitties any one else should take the trouble out of his hands . nay , i am inform'd ( continues he ) that when he took the oaths , he desired to be sworn upon the naked gospel . freeman . 't is strange me thinks that the dissenters should be angry with the dr. for what he has done : if their zeal for the government is real and sincere , which 't is a sin for us in the country to question , i wonder why they should quarrel with him upon this score , since the influence of his example , for all they know , may be serviceable to reduce the rest of his brethren , who at present dissent from us . tim. that does not signifie a farthing ; for , besides their particular pique against the dr. as he is a member of the established church , they would have neither him , nor any one else who is not of their party , be thought loyal : for all their former bellowings and cries against the illegality of monopolies , yet at present they would willingly engross all the little honesty and loyalty that is left in the nation , into their own hands ; though , by the by , their loyalty is compounded of such cross , surly , ill-natur'd ingredients , and is such an odd awkward sort of loyalty , that for all i can see to the contrary , no prince in christendome is likely to be the better for it . freem . a dissenter's loyalty is like the officiousness of a rock at play , who only lends you mony in order to your ruin . i pray heaven it proves of long continuance , but for my own part , i am afraid it will last no longer , than they find their religion ( i mean their interest ) concerned in it . tim. more than all this , they 'l tell you , that we owe the sunshine of the gospel , and all the other blessings of the late revolution , intirely to their discretion and state-principles ; and , that if these impracticable doctrines of the church of england , concerning the civil magistrate , had taken place , we had by this time been utterly overwhelmed with popery and slavery . freem . why this is ten times over a more fulsome plea than their pretensions to loyalty . they preserve the protestant religion ? where , or how ? or in what reign , that we may see it registred in our almanacks ? i am sure they have contributed in all their pious endeavours to make the reformation as scandalous and despicable , as any of the fathers of the society could have done . they preserved it after a fine rate , by their universal silence in the late reign , and their little , low , abject applications to popery ; and now , when the enemy is beaten out of the field , they make a great pother with a few gleanings out of our own authors , and pretend the victory is owing to their assistance and conduct . tim. nay , the dissenters have not been wanting , even in this reign , to do the protestant religion all the good service they can . one of the tribe , in his modest enquiry , as he called it , very modestly advised the rabble to knock all the clergymen in the head. and another nameless rascal , in his reflections upon the miscarriages of our navy , that are printed by one of those godly wholesale dealers in scandal , those scruple-selling vermin of the poultry , has this remarkable passage , viz. that there 's more virtue and honour to be found among the rabble than the gentry : rabble is likewise the word with their dear brethren in scotland , and you may guess what a brave religion we shall have of it at last , if we follow these blessed methods , and suffer it to be modell'd and fitted to the inclinations of our judicious rabble . freem . why prithee tim , you need not give your self the trouble , at this time of day , to acquaint me with any of the laudable qualities of the dissenters , and especially of their levites , as for instance , either with their wit , which never appears but in their similes , and in interpreting the prophets ; or with their charity , which is never extended beyond their own party ; or with their modesty , which is never visible , but when they wink in the pulpit ; or with their sincerity , which never appears , but when they own themselves in their prayers to be a pack of the damnedst rogues in the world ; or with their learning , which never goes beyond a dutch system , and a little herauldry ; or with their sobriety , which is never admitted to keep them company at their pious friday entertainments ; or with their loyalty , which was ▪ ever shown but by their promising to lend this king more mony than they could raise , and abusing the two last reigns ; or lastly , with their zeal against popery , which is never to be proved , but by their continual endeavours to undermine the established church . — but let me conjure you , dear tim , to drop this nauseous fulsom subject , for , as i hope for mercy , i am as weary of it , as a presbyterian splitter of cases is weary of a poor brother ; that constantly comes every sunday with his dozen troublesome scruples , to be resolv'd , sub forma pauperis . tim. thus you see , sir , with what contempt and aversion the dissenters in town entertain the story of the dr's conversion ; now give me leave to add a word or two more concerning them , and then i 'll have done . you very well observe , that they pretend to have abundance of zeal for their present majesties , so they do , & if you 'l take their own words for it , they 'l tell you , that no body keeps the fasts , and thanksgiving days with that devotion as themselves have done . but for all this , dear friend of mine , they are angry to see the number of the kings subjects increased , & if they see a church-of - england-man come over to the government , they immediately call him all the rogues and rascals in the world : the reason is plain , they 'd willingly have his majesty served by none but themselves , and then they don't question , to reduce the french king , and demolish popery in due time . besides , if all the church-of - england-men had taken the oaths , they had lost their dearly beloved topick of railing at them , and i dare swear ( so well am i acquainted with a dissenter's tenderness ) they 'd rather sacrifice all the princes in the universe , than lose the precious opportunity of libelling and railing . you are infinitely mistaken , if you imagin , that the bishops would find better quarter from the fanaticks , if they should ever take the oaths ; no , no , they pray , with all their hearts , that they may refuse the doing of it still , for then they are in hopes to see their order abolish'd , and their revenues divided amongst the saints , i. e. their old oliverian leases come in play again : of all which expectations they would be miserably disappointed , if those immortal patriots could prevail with themselves to comply . freem . i don't pitty the dr. however , for being used after this unmerciful rate , by those sons of schism ; for , if it were my own case , i should rather chuse to put that sanctified generation to the expence of a little scandal , for my sake , than a little flattery ; and rather accept of their reproaches , which are excellent in their kind , than of their i●s●●ce , which is the nastiest coursest stuff in the world. 't is well enough with him , so long as his own brethren are satisfied , as you have before informed me , with the honesty of his proceedings ; or ▪ if they were not at first , i don't question , but the reasons he has published for his own defence , carry so much strength and solidity wi●h ' ●m , as to satisfie all the reasonable part of mankind as to that particular . tim. why there you are mistaken , dear friend of mine ; for tho' the dr ▪ has con●escended to acquaint the world in publick with the reasons of his conversion , yet he has not been so happy as to satisfie all people . freem . who could ever expect that ? 't is an impossible thing you know to do it ; but however i am glad the dr. has published his reasons , for otherwise i should have bin a little angry with him . for , could he dissent from the government above a year and half , and by his example hinder so many country parsons from taking the oaths , and keeping their livings , and yet refuse the world so slender a satisfaction , as to let 'em see the motives of his change ? i ever thought , that so inconsiderable a piece of trouble was due to his own reputation and credit , as well as the farther instruction of his younger brethren of the clergy , who i am afraid little consider'd the merits of the cause , but rather what a brave thing it was to be thought of the dr's company , and embarqued in the dr's quarrel , and now have nothing else left 'em to do , but to starve with as much decency as they can , and to curse the expensiveness of their vanity and loyalty . tim. all this you and i cannot possibly help , and therefore 't is a great piece of nonsence for us to talk of it any longer , only thus much i must add , that in my opinion too , the dr. lay under all the obligations in the world , to make the true occasions of his late reconcilement publick . 't is a debt which was due to the interest he now espouses , no less then the party he has forsaken , some of which , as you say , the temptation of being thought of his acquaintance or judgment , has reduced to their present mortifying necessities . and therefore this being so necessary a debt , as well in regard to himself , as the rest of the world , i always persuade my self , that the dr. would take care to acquit it as soon as ever he has got his reasons ready . freem . got his reasons ready do you say ? that 's a iest with all my heart , as if a man of the drs learning and experience in the world , after so long a time too , to examine all the niceties of the case , could suffer himself to be ingaged in an affair , to which he formerly expressed so incurable an aversion , without having his reasons ready by him . nothing but either pride ( which i would be loath to suspect in a person of his mortified character ) or the weakness of his cause could engage him to act only on the defensive part . 't is a hundred to one , but a man's adversary may say somthing or other , which will lye a little obnoxious to censure and exception ; so 't is but falling without any more ado , upon the authors blind side , and the business is soon over . there are a thousand ways for a man of any tolerable discretion to put by his enemy's thrust when he is attacqued ; nay , 't is possible too he may come off with the better on 't , especially if the man he has to dealt with , plays open , and lies unguarded in any part . and therefore if this had been the dr's policy , i should have thought the worse of his skill in polemies , as long as i lived . i remember i was once in a coffee-house in the country , where we happened to be talking of the dr's coming over to the government ; and a gentleman in the room was pleased to say , he was of opinion , that the doctor had got his reasons ready , much after the same rate as a country innkeeper , whom he knew , got a poor fellow's porcupine ready . tim. prithee what story is that , for , to the best of my knowledg , i never heard of it before ? freem . nay , the story is entertaining enough , that i can assure you , and perhaps will deserve your attention . you must understand then , that a certain fellow , here about the town , who gets a sorry livelihood by carrying some outlandish beasts about the country with him , and shewing 'em for pence a piece to the people , had by chance brought a porcupine , the only support he had left him in the world , to an inn where this gentleman was acquainted ; the next morning he calls the innkeeper to him , and thus accosts him : ' landlord , says he , i must beg one favour of you , and that ' is ▪ to get my porcupine and room ready by eleven of the ' clock precisely , and in the mean time i 'll step into the town , to see what company i can pick up . tim. very well , sir , pray proceed . freem . away goes the fellow into the town , and for a while stares about him , to observe all the curiosities of the place ; towards ten , he makes a solemn proclamation of his porcupine , and so musters up as much company as he thought would defray the expences of the show for that time , and carries 'em to his inn. tim. well , i mightily long to hear the issue of your foreupine . freem . when the fellow was got into his room at the inn , he knocks for the landlord , and asks him whether he had got his porcupine ready ? ay sir , that i have replies the landlord , i hate to be worse than my word to any man , but i must desire you , sir ; that you 'll be pleased to tell me what sawce you 'l have for him . tim. why , what a devil did he mean by that question ? freem . you shall hear . crys the master of the porcupine , you rascal , what do you intend by asking me what sawce i 'de have for him ? nay , no harm in the world , says the man of the house ; you ordered me to get the porcupine ready for you by eleven , and so i have , for i gave directions to the maid to put him in the pot immediately ; but sir , says he , i never boil'd a porcupine in my life before , and therefore must once more request you to let me know what sawce your worship will order for him . tim. the poor fellow without question looked very simply upon the matter , to hear his livelihood was boil'd away so unluckily in one morning . and now to come close to you , noble friend of mine , was it the opinion of your gentleman then , that the dr's reasons were boil'd away like the strowler's porcupine , so that there was no procuring a sight of any of them ? you see how much he was mistaken in his judgment . the dr. ( as i have told you ) has been pleased to oblige the world with his reasons ; you may have them at any bookseller's shop in town , but i cannot forbear to tell you , that there was never any book since the days of the hind and panther , or the letter to a dissenter , that has been so universally pelted as this ; lawyers and divin●s , iacobites and williamites , though they agreed in nothing else , yet they have all of 'em agreed to mawl this unfortunate book . nay some of our city prentices and puny scriblers have had the hardiness to tilt against it , only to make experiment of their talents , as school-boys use to try their knives , by running them up to the hilts in a hot bag-pudding . freem . say you so tim ? 't is , i confess , somewhat odd , but who can help it . come then , since the dr. has had such ill luck with his reasons , & you and i have no other business now upon our hands , prithee let us invent some plausible specious reasons for his conversion , they 'l help to pass away t'other bottle , and t'other hour , well enough , and perhaps they 'l serve to amuse the world , and entertain the reader , as well as some of his own . tim. no sir , i desire you to excuse your humble servant as to this affair ; i 'll never invent any reasons for another man , not i , i promise you , he may even do it himself if he pleases ; 't is a very ungrateful performance let me tell you , and generally the person whom you intend to oblige by this kind of office , will hold himself as little beholden to you , as a man in the state of cuckoldom , for giving him four and fifty reasons to support himself under his afflictions : but what will serve the turn full as well , to put off half an hour or so of conversation , i will acquaint you with the several reasons , that people here in town , of all sorts and parties , have already assigned for his conversion . at the same time i must tell you , that as i don't believe them altogether my self , so i would never oblige you or any man besides to place any great assurance in the truth of them . freem . come then honest tim , and begin as soon as you will , for i can assure you , 't will be no small diversion to your friend here , who is just come out of the country . tim. nay , sir , not altogether so fast , i beseech you . i design my self a little more sport and pastime than you imagin , and since you have so admirable a talent at conjecturing , &c. i am resolved to keep your hand in play , and put you to the trouble of guessing what they are . freem . well then , since you 'l have it so , i 'll dispatch them out of hand ; but however , before i make any trial of my noble faculty , i must desire you to remember , how that at the beginning of our conference , when you told me of the dr's conversion , i looked upon it as no miracle , and that for these two following weighty reasons . in the first place , because when some gentlemen came to advise with him about that matter , he civilly referred them to their own discretion , which i supposed he would never have done , if he had been fully satisfied , that the taking the oaths was a sin , or had looked upon it to be any thing more than an indifferent action . in the next place , because the dr. had long ago prayed for their present majesties ; which is virtually , and in effect , the same thing with swearing to them ; and if it is a sin to swear to a prince , where the title is controverted , and under dispute , i am sure it must be the very same thing to pray for him . now then tim , since i was so bold as to make the dr ▪ s conversion no miracle at all , you are not to expect that i should assign any miraculous reasons for it but onely such as are frequent and common in the world ; so i will begin with that which ever since the creation of the world has had a mighty influence upon men of all countries , and degrees , and religions . the greater part of mankind , and especially our dissenters at home , love to christen it by the name of conscience , but for my part , the best english word i think we have for it , is interest . what think you of this now ? tim. to say the truth , there are abundance of ill-affected men about the town , that have trumped that unlucky card upon the dr. but for my part , i don't believe it had any great share in his reconciliation to the government . therefore you had best guess again . freem . nay , but prithee consider , dear tim , what a lovely charming thing this same interest is , before we shut our hands of it : it has all the ear-marks of love , and love , you know , works little less than miracles . it conquers the young , and the old are not able to withstand its almightyship : it makes those that can see , as blind as so many beetles , and as for those that are blind , why 't is the best oculist in the world , and recovers their eyesight to all intents and purposes . tim. no , no , all this shall not pass upon me i 'll assure you . freem . have a care tim , i advise you , what you say against five hundred pounds per annum , name it you rogue with fear and reverence , and fall down upon your knees when you hear it mention'd in company ; five hundred pounds a year is not to be spoken scandalously of , honest tim , it will buy a coach and a pair of sunday-horses ; it will purchase petticoats and commodes , the polyglot and councils , and half the non-resistance in christendom , with abundance of other fine things , too tedious to be reckoned up . tim. thou keepest as great a pother here with thy interest , as a scribling courtier with his last lampoon , or a school-philosopher with his newest set of distinctions , or what is equally as impertinent as a country fidler with his newest set of tunes . but i can tell you for your comfort , that if you do not guess better at your second essay , than you have done at your first , you are not in any great probability of finding out the secret. freem . to proceed then , is the dr. brought to a better opinion of the abdication , or does he go altogether upon the merits of forefaulture ? tim. no , i suppose he does not , for if he does , the lord have mercy , say i , upon all his poor passive obedience . freem . why other people , tim , have store of passive obedience about them , as well as the dr. and yet they dont apprehend that it is a farthing the worse , or that they have broke it at all . suppose tim you should find occasion , for reasons best known to your self , to remove a bag of your money from one goldsmith to another of better reputation , would you not break that fellows head , who should have the impudence to tell you , you had broke your sum ? even so in the business of passive obedience , the dr. and some of his brethren , have only transferr'd it from k. james's hands , who , you know , is broke and ruin'd , and a statute of bankrupt has passed against in parliament , to k. william , who can give them better security for it : and passive obedience , i can tell you , will be as acceptable to any prince in europe , at a good sum of money to a banker . tim. well , but this is not the point still , so try again . freem . is the dr. then reconciled to us by that verse in the psalms ; the earth is the lord's , and the fulness thereof . tim. why no is the word still ; for i suppose , that that text proves more than the question , and besides would serve a iohn of leyden's turn as well as any ones else . freem . but where there 's a plain conquest and an honest cause , as well as a legal title to support the conquest , that i believe cannot fail to make a convert . come tell me now , have i hitupon the true reason or no ? tim. for your satisfaction , sir , you are come pretty nigh the point , or else some of the dr's friends have misinformed me as to this particular ; though to say the truth , this reason was every ▪ whit as good all the last year , as it is at this present moment , and i don't see that the reduction of ireland has made it the better . freem . now we talk of ireland , what say you , if the dr. was resolved to hold out till the taking of dublin , and to surrender himself immediately when the place was surrendred . tim. all as i can say to the question , is , that the dr. then may be retaken from us again ; for alas , sir , all the world can tell you ▪ that dublin is a place of no considerable strength , and cannot hold out long against any enemy , especially if he have a female friend in the garrison . — but , sir , you have not as yet had the good fortune to light upon the most material motive , that makes the greatest bustle about the town , therefore once more make use of your divining faculty . freem . no , i heartily thank thee , dear tim , i shall pump my imagination no more for the matter ; i think i have drudged long enough in all conscience to find it out and to employ my brains backward and forward any longer upon this occasion , would be as wise a piece of trouble , as to lye waking all the night in ones bed , only to hear how the city-weatherglasses , the watchmen , vary every hour , in their bellowing out of rain , frost , and moon-shine . why , prithee tim , what dost thou take me for , a prophet , or a conjurer ? tim. for neither i swear ; but tell me seriously , dost thou not know what thing it is that baffles heroes , spoils divines , turns the greatest princes into milksops , makes admirals lower their bloody flags , and in fine , breaks all obligations , and governs all mankind ? freem . why interest i told you . tim. and what does interest , meer interest only do all this ? freem . why then 't is conscience , i say . tim. conscience do you say ? why just now conscience , you told me , was but another english word for interest . and does nothing but bare conscience ( which adoniram byfield of blessed memory , defined to be a cat-skin pouch to put mony in ) or bare interest do all these fine things , which i just now mentioned to you . freem . why then 't is a coach and six horses i tell you , and nothing in the world else that i can fancy ; for , you know , a coach and six , was bishop parker's best body of divinity . tim. worse and worse faith . and does a coach and six horses baffle heroes , spoil divines , and make milksops of princes ? come , consider i say once more upon the point , for 't is impossible to miss it . freem . no tim , pray excuse me ; you see i have no tolerarable luck at guessing to day ; and besides , to tell you the truth , i hate this slavish pi●ce of drudgery , as heartily as sir will. tem — in his last essays tells us , he hates good ▪ honest drollery , as a bookseller hates an un-selling author , or a jacobite printer does a surly messenger of the press . tim. say you so sir ? nay , then i am resolved to lay it out so open to you , that you must of necessity perceive it . dost not thou understand the meaning of the ital●an proverb , piu tira un pelo di donna , che cento carra ●i bo●i . freem . not i tim , i no more understand the difference between italian and arabick , than that learned protestant critick mr. rymer knows the difference between the name of callimachus and epimenides . tim. come then , wert thou ever married , my honest friend ? ha! what sayest thou ; freem . no sir , i bless providence for it . tim. not married say you ? poor rogue , thou art unacquainted i perceive with the damn'd persecution of a curtain-lecture . oh! dull , dull still ; i can't imagin how to cure this stupidity of thine , thou art ten times duller than one of sh — dwell's men of sence , or a simile without a sting , or an expounder of the revelations , at the finding out stoln silver-spoons , or an old dozed fellow of a house at the ingenious sport of questions and commands . freem . why , i cannot help all this , tim ; if my stars made me so , it was their fault , not mine . tim. once more then i 'll endeavour to relieve the weakness of thy apprehension , therefore listen to the following rhimes about adam and eve. when eve the fruit had tasted , she to her husband basted , and chuck'd him on the chin-a ; dear bud ( quoth she ) come taste this fruit , 't will finely with your pallate suit , to eat it is no sin-a . dost thou now comprehend my meaning ? freem . no , ' saith tim , i am in the dark still ; you have made me no wiser with your dull story of adam and eve , than you would make a cheapside tradesman , by telling him , that an obstacle is an impediment ; or a walking oxford-dun , that motion is an action from the terminus a quo of his habitation , to the terminus ad quem of the refectory . tim. nay then , i am sensible thou art full as slow of apprehension as the famous ierry blackacre in the play. i have but one trick left to bring you to 't at last , and if that fail , i must even serve thee as a stale city-wife serves her dull rustick prentice , when she has a mind to make him understand her virtuous inclinations ; that is , i must needs name the thing to thee in plain downright broad english. but listen prithee : as moody job , in shirtless case , with collyflowers all o're his face , did on the dunghill languish , his spouse thus whispers in his ear ; swear husband , as you love me , swear ; 't will case you of your anguish . freem . oh ho ! now i begin to smell a rat ; your meaning is , that the dr. has been brought to swear at last through the vertue of a few conjugal sollicitations ; is it not so , tim ? tim. of a few conjugal sollicitations do you say ? no , i am afraid there were abundance of them used in the present case . — well , dear friend of mine , not to be tedious with you , i must tell you , that you have made a shift at last to hit my meaning . however , i would not have you report this matter as from me , though i can safely wash my hands from the guilt of inventing it , and all the town will do me the justice , to own , that 't is a common story , and no more a secret than the mole on the rector of exeter's foot. besides , you are desired not to lay too great a stress upon the truth of it , but to follow that advice , which the dr. you know gave upon another account , and so to make use of your own discretion . farewel . finis . the case of an oath of abjuration considered and the vote of the honourable house of commons vindicated in a letter. stillingfleet, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of an oath of abjuration considered and the vote of the honourable house of commons vindicated in a letter. stillingfleet, edward, - . [ ], p. [s.n.], london : . reproduction of original in huntington library. attributed to edward stillingfleet. cf. bm. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. allegiance. oaths -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of an oath of abjuration considered : and the vote of the honorable house of commons vindicated . in a letter to a friend . london , printed for the author . . sir , i was greatly amazed to hear you , the other day , so passionately concerned in behalf of the oath of abjuration ; as tho our whole stake and safety , depended on its passing on the nation . this convinc'd me , that it is not impossible for people to intend the same end by the most different means imaginable ; for i verily believe , there are not two men in england , that in their hearts do more sincerely love their present majesties , nor that , according to their poor capacities and stations , serve them better than you and i. and yet i tell you now , as i forbore not to tell you then , that i think an oath of abjuration , is as unlikely a thing to serve their present majesties , as any one thing in the world besides . you told me then moreover , that some good understanding people of your acquaintance were very much offended at the house of commons , for throwing out that bill twice , in two successive sessions , and that they were looked upon rather as enemies , than friends , to the present government . i told you then moreover , that your acquaintance might be both good and understanding people , but that they made very bold with the house of commons , and were not understanding enough in these affairs , to pass a true judgment on them ; and that it was a most pernicious thing , to look on all , that are not of our mind , as enemies . there being nothing more sure , than that two parties may do , as you and i do , differ exceedingly in the means of securing and supporting the government , and yet both wish and intend the securing and supporting of it ; as there is no doubt to be made , but both sides of the house of commons did . both sides may be right in their intention , i. e. intend the peace and welfare of the kingdom , tho the means they pitch upon , may be very different ; so different that the contrary side may fancy they are truly destructive of the end they aim at , without believing that the persons concerned , design any other than good , to their majesties and the kingdom . with this you seem'd to be for the present satisfied ; but since , i understand , you begin to change your mind again , and desire me to set down in writing , upon what reasons i ground my opinion of the mischief of an oath of abjuration , and send them to you , i have agreed to do so ; and i suppose , i shall sufficiently satisfie all your scruples , if i shall shew you these three things : first , that an oath of abjuration is altogether new and strange in england . secondly , that it is altogether needless . thirdly , that it is altogether impossible to be kept . . an oath of abjuration is altogether strange and new in england . the line of succession hath been as frequently interrupted in england , as in any hereditary kingdom in the world besides . and therefore there hath been as much need of an oath of abjuration here , as any where , and yet we have never had one . it is not for want of instances , but to spare your time and patience , that i run not up beyond the conquest , but will begin there . what right or title william the conqueror had to these kingdoms , every body knows as well as any body . the right of promise from edward the confessor , if it were true , as he pretended it , yet was no right at all ; for what power has a king of england of himself to give or bestow the kingdom to whom he pleases ? but however , he also gave it to harold on his death-bed . so the chron. saxon. ann. . tunc haroldus comes capessit regnum , sicut rex ei c●ncesserat , omnesque ad id eum eligebant , & consecratus est in regem in festo epiphaniae . so chron. walt. hemingford , cap. . et juxta quod ipse rex edwante mortem statuerat , sibi successit in regnum haroldus . tho william of malmesbury and matth. paris , and others , tell us he seised upon the crown against the will of almost all the great men , and especially the bishops . extortâ à principibus fide , arripuit diadema . but let harold and the conqueror come to the crown how they could , it is manifest beyond dispute , that the right heir was then alive , who was edgar atheling , the son of edward , grandchild of edm. ironside . this edgar was not only heir to the crown by lineal descent , but design'd to succeed edward the confessor , by him himself , and sent for , for that purpose , from abroad , where he , his mother , and his sisters were ; and it was look'd upon to be so much his due , that he was actually set up king by some parts of the nation , insomuch that edwin and morcar , the great earls of those times , with aldred , archbishop of york , and the citizens of london , agreed thereto , and promised to stand by him . and the saxon chron. gives us an instance of the abbot of peterborough newly elected , being sent to edgar , as king , for confirmation . for ( says it ) the inhabitants of that country thought that he should be the king. but the noise of william's invasion , made the nation bethink themselves ; and the people that had been most forward to set up edgar , began to look upon him now as a defenceless youth , and not able to make head against so wise and hardy a prince as william was ; and therefore leaving him to shift as he could , they made their terms with the conqueror . the nation had had the same good intentions towards this poor prince edgar , upon the death of edward the confessor , and some had actually endeavoured to set him up ; but harold was more powerful both in friends and money , and stept into the throne before him , as did the conqueror this second time . the use i intend to make of this , will be , ( as you may easily foresee ) to shew you , that edgar had a title to the throne , in the general opinion of all english men ; and consequently , that he was a dangerous competitor to king william the conqueror . but notwithstanding this , king william , when he was crown'd by aldred ( the same aldred who would have set up edgar , and who has this character bestowed upon him by walt. hemingford , cap. . vir bonus & prudens , intelligensque cedendum esse tempori , & divine nequaquam resistendum ordinationi , ) took the oath of fealty of all that were concern'd , without any farther notice taken of edgar atheling above the rest , and carrying him with other lords and bishops over into normandy , he set him at liberty as soon as any of the others . and tho he afterwards gave both the conqueror and william rufus some disturbance , by his siding with the scots , and danes , and duke robert , yet both of them had him in their hands , and let him go again , without any farther mischief ; he lived for some time in both their courts , and what became of him at last , we are not certain . all that we know of it is from w. malmesbury , who making mention of him adds , lib. . pag. . qui post occisionem haroldi à quibusdam in regem electus est , & vario lusu fortunae rotatus nunc penè decrepitum diem ignobilis ruri agit . in the same place he says , that david , his sister margaret's son , was king of scotland , which was not before the year . so that he lived at least to the age of seventy , if we allow him to be twelve at the death of harold , when he was thought unfit to reign , for want of years . and yet in all the reigns of these three kings , william the first , and second , and henry the first , there was no oath of abjuration ; no renouncing to the rightful title of edgar atheling . each of these princes receiv'd the oath of fealty and allegiance from their subjects , and looked no farther after the exclusion of edgar , than that oath did naturally carry them , which is far enough in all conscience , when honest people take it . . when william the conqueror died , he left the duchy of normandy to his eldest son robert. ( mezeray is mistaken when he makes the father yield up the duchy to the son , when he was reconciled to him , upon his mounting him again upon his horse , when he had ignorantly met and overthrown him ) and england to his second son william rufus , and to henry his third son , a mighty summ of money , with a prophetical presage , that he would one day come to greater matters . rufus was then with his father , and before his funeral exequies were performed ( to secure himself the better of his appointed succession ) slipt over into england , and got himself crowned king , by lanfranc , archbishop of canterbury ; but he was hardly warm in his seat , before a great and deep conspiracy was form'd against him , in behalf of his elder brother robert , contriv'd and carried on especially by odo , bishop of baieux and earl of kent , his uncle , geofrey bishop of constance , and other great lords , intending to deliver up the king and kingdom into the hands of robert. this so startled and amazed rufus , that he thereupon calls all the english men together , and lays before them the danger he was in , promising the redress of many present grievances , and ample privileges to them and theirs , upon their assistance , which they consented to give , and accordingly , by their help , he pursued and utterly defeated his enemies , and became thereby enabled to forget his fair promises . robert in vain attempted to invade england , being repulsed with great loss by the king's ships and seamen ; and william , in his turn , made over for normandy , to do as much as robert had design'd ; but by the mediation of great men on both sides , the brothers came to an agreement , that such and such places should be delivered to each the other , and that whichsoever of the brothers died first , without children , the other should succeed him in all his estates : and to these covenants twelve of the most considerable men , on each side , were very solemnly sworn . this was done , and in , the brothers disagreed again , and all the fault was laid upon the king who again prepar'd for normandy , where each of them did a great deal of mischief to each other ; till , very luckily , the pope engag'd duke robert to take upon him the croisade , who being easily persuaded thereto ( as one who was always a light and giddy-headed prince ) he sent to the king , to acquaint him with his purpose , to conclude a peace , and to borrow money for that expedition , engaging his dukedom for it , to which the king assented readily , and carried him the money himself , and took possession of his pledge ; the money came to six thousand six hundred sixty six pound of silver : and robert behaved himself very honourably abroad , where he continued till the death of king william , . in all these quarrels and conspiracies , occasioned by d. robert and his partisans , rufus desired , nor had , no other security of his subjects , than the oath of fealty and allegiance , which obliged them to be true to him , without excluding or abjuring robert ; and yet , i take it , robert was a very formidable competitor , and that such an oath was as necessary then , as it ever was to this day , well , this unfortunate robert was again put by the crown , as well by his absence , as by the cunning management of his younger brother henry , who got so well into the good graces of the lords and bishops , that he was crowned king before duke robert could return to make his claim . but , see the inconstancy of english-men ! henry had made large promises of amending all things that were amiss in the former reigns , and confirming the liberties of the church , and a great many other good things ; and thereupon was received by all the nobility and clergy with g●eat expressions ofjoy and satisfaction , and crowned by maurice bishop of london , ( for anselm had been driven away by w. rufus ) but before they could have time to see whether king henry would be as good as his word , they generally engaged in a conspiracy to call in robert , and deliver up the government to him : some of the king's ships went over to robert , and a great conflux of people there was gathered to him when he landed at portsmouth ; but before they came to try their fortune in the field of battel , an accord was made between them , by the mediation of some principal men of both sides ; by which it was agreed upon that robert should continue duke of normandy , and henry , king of england , paying his brother yearly three thousand marks ; that all adherents to robert should be clear'd , and enjoy their estates , and that whichsoever of the two died childless first , the other should succeed in both the kingdom and the dutchy ; with some other particulars , which were all of them sworn to ( as before ) by twelve great men on each side . this agreement was made in , and in a few years came to nothing ; for after many depredations and reprisals , skirmishes , and taking and retaking of towns in normandy , the fatal battel was fought in , where robert was taken prisoner , and never after obtained his liberty , but having his eyes put out ( a piece of cruelty much in use in those days ) he lived and died at cardiff , a miserable captive , in the year , and was buried at gloucester . an unhappy prince from the beginning to the end , if we except two or three years , spent to his honor in the holy-land . but i have nothing to do with any thing relating to him , but to remark , that notwithstanding the great and continual disturbance and alarms he gave both william ii , and henry , yet neither of them took an oath of abjuration from the nation , and it is the more remarkable in henry , because that robert had a son called william , a brave and noble youth , and a prince of great hopes , and like enough to prove a strong competitor to henry's children . he was afterwards greatly favoured by the french king , and married his queen's sister , and had the county of flanders , and other strong places put into his hands , by which he created great troubles to his uncle henry , till he was unfortunately wounded at a siege , and being unskilfully dressed , died in a monastery five days after , in the year . but what did henry do with regard both to his brother robert and this vigorous prince , young william , who had sworn severely to revenge his father's injuries and eyes ? why he contented himself to swear his own son , who was also called william , into the succession of normandy , in the year , and of england in , having for that purpose called a parliament at salisbury . conventio optimatum & baronum totius angliae apud searesberiam xiv . kal. aprilis facta est , qui in praesentia regis henrici homagium filio suo wilielmo fecerunt , & fidelitatem ei juraverunt . sim. dunelm . an . and , as annales de margan have it , . filius regis henrici juratur ab omnibus haeres patris fieri . but in the year , william and the rest of the king's children , with a great company of people of quality , were unfortunately drowned , the ship being run upon a rock not far from the shoar from whence they put to sea , by the mariners and pilot , who were got drunk . the prince might have been saved , had he not hearkned over-tenderly to the cries and lamentations of one of his poor sisters that continued in the ship , whom thinking to take into his boat , so many of the ship leap'd presently into it , as sunk it immediately , and so they all perished together . the king had now but one daughter left , which was maud , first married to the emperor of germany , whose widow she became in the year , and afterwards , in , to geofry plantagenet earl of anjou ; but before the king sent his daughter away to this second husband , upon news of his nephew william's promotion to the earldom of flanders , and his attempting great matters by the assistance of the king of france , he was exceedingly distressed and troubled , and calling his parliament together ( saith brompton , thomas wikes , and chron. saxon. and every body else ) at westminster ( or , as others , at windsor ) he made both david king of scotland , all the archbishops , and bishops , abbots and great men , take the oath of fidelity , and do homage to his daughter , and her heirs lawfully begotten , in case himself should die without any issue male ; which they accordingly did ; and , amongst the rest , none forwarder to do it than stephen earl of blois , who either administred the oath himself to the rest , after he had taken it himself , or else contrived the form thereof ; for i know not well which is the construction of those words in tho. wikes's chronology , in the year . non solum in persona propria sacramentum fidelitatis emisit , sed & aliis regni proceribus jurisjurandi formam praestruxit . but you see , i hope , plainly , that henry was apprehensive enough of the growing power of his nephew william , and yet thought fit to take no other security of the nation against him than a common oath of allegiance ; there was no talk or offers after an oath of abjuration , in those days ; tho it had been much to his purpose , and he had power enough had it been otherwise convenient . this oath of fidelity was again renewed to maud at northampton in . habitoque non parvo procerum conventu apud northantonam priscam fidem apud eos qui dederant novavit , ab iis qui non dederant accepit , saith w. of malmesbury , hist. novel . l. . p. . which i mention not as if it were done out of fear of any particular person ( for william died , as i have said , in ) but , in all probability to exclude geofry her husband from ruling , with whom he was exceedingly offended . i have it from wil. of malmesbury who tells us , that when king henry lay on his death-bed , de successione interrogatus , filiae omnem terram suam citra & ultra mare legitima & perenni successione adjudicavit : marito ejus subiratus , quod eum & minis & injuriis aliquantis irritaverat . notwithstanding all this caution and security , and this last declaration of the dying king in favour of his daughter ; , stephen earl of blois , his nephew by his sister adeliza daughter of the conqueror , got over from normandy into england , and tho he was repulsed at dover , and by the men of kent , yet he was entertained by the londoners , and by the dexterous management of his brother the bishop of winton , who promised for him all that could be wanted or desired , he was crowned by the archbishop of canterbury , whose scruples about the former oath to maud were satisfied by the oath of a bold nobleman , who swore he heard king henry , on his death-bed , disinherit his daughter maud , and appoint e stephen to succeed him in the kingdom . some of our historians tell us , that there was but a poor show of bishops and great-men at the coronation , and that many ill omens were seen thereat ; others say otherwise , and tell us it was performed annuentibus praesulibus & próceribus regni , and that they pitch'd on stephen , because that maud had no children , and they wanted a considerable person to look after the affairs of the kingdom . but all of them in general cry out aloud upon the sudden change of the english nobility , had so lately sworn fidelity to maud , omnis anglia , quasi in ictu oculi , ei subjecta est , saith walt. hemingford , from malmesbury , c. . even robert of gloucester swore to stephen , tho with a very evil mind undoubtedly , because he could not otherwise be in any capacity of serving his sister-in-law maud and her son ( for now she was brought to bed of her son henry ) ; this reason wil. of malmesbury , his client , gives for him , he was afraid of his former oath to maud , and he was afraid he should never do her any service if he swore not to stephen , and therefore he did it , tho conditionally , that he should preserve his honor and his covenants . robert was the only man alive he feared , for he was wise and valiant to a wonder in those days , and he was glad to have any hold at all of such a man , and therefore accepted of his conditional homage . you shall take the words , and see what you can make of them your self , itaque homagium regifecit , sub conditione quadam , scilicet , quamdiu ille dignitatem suam integrè custodiret , & sibi pacta servaret : spectato enim jamdudum regis ingenio instabilitatem ejus fidei praevidebat . malmsb. hist. novel . l. . p. . i am greatly afraid , there are many roberts of gloucester now alive , that have taken the oaths to their present majesties , with no better design than to capacitate themselves to do them a shrewd turn , when it lies in their way ; although they see no shadow of unfaithfulness or ill design in them ; but this is a remark out of my way , which you will pardon . it is only to my purpose to say , that stephen contented himself with the ordinary oath of allegiance , tho maud was his competitor ; and put no nobleman or commoner upon adjuring her or hers by name , tho he were sensible that they must prove continual thorns in his side ; and upon those apprehensions , as soon as he was settled in his throne , he passed over with an army into france , with purpose only of subduing geofry of anjou , her husband , prospexerat'enim ( saith tho , wikes , , ) quod si imperatrix prolem de corpore suo generaret , bella sibi minime defutura , knowing full well that if she had children , he must look for little quiet . but children she had , and you know how troublesome this woman , with her son and brother robert , were to him for many years , the many miserie 's this poor kingdom endured under the time of their dissensions ( for in most wars a country finds but little difference between friends and enemies ) and the agreement made at last betwixt them . i will not insist on any of these matters : king stephen took all usual care to secure the crown to himself and his posterity ; but it went no farther than to take the common oath of allegiance to himself , and in , to cause the same to be taken to eustace his son. for so annales waverleienses , apud londoniam eustachio filio r. stephani fide & jurejurando universi comites & barones angliae se subdiderunt . he would have had him crowned , but the clergy , by order of the pope , opposed it strongly , and he could not carry his point , as gervasius tells us , in stephano , . p. in the year , died stephen's wife , and in , eustace his son , a stomachful young prince ; so that stephen , consum'd almost with care and grief , and finding himself decay , and his adversary young henry daily increasing in riches and the favour of the people , began to incline to peace , which was agreed upon , you know , on condition that stephen should continue king during his natural life , and henry to succeed him : and that william , stephen's only remaining son , should be possessed of all his father's estate , whilst a private subject ; but he liv'd not long to enjoy it , dying in king henry's service , at the siege of tholouse , in the year : stephen himself went before him , dying in the year . leaving peace , the greatest and most wanted blessing , to this distracted kingdom . consider , sir , i pray , whether an oath of abjuration , was not full as seasonable in this king stephen's case , as it can possibly be in any others , and then i will go on . henry ii , being possessed of the throne , took the usual oath of fidelity from his subjects , without any manner of regard had to william , stephen's son , who served him four years , and died at last , as i have said , in . he reigned thirty five years , and endured great troubles and afflictions from an untoward queen , and most ungracious children , the eldest of which called henry ( sometimes called secundus , sometimes tertius , sometimes junior and minor ) he caused to be crowned king whilst himself lived , and quickly found good reason to repent him of such favour . but having no competitor for the crown , his troubles are nothing to my purpose , since he could have no occasion for an oath of abjuration : and therefore i have done with him , when i have observed to you , that notwithstanding the oath the nation took in general to his mother maud her self , yet henry succeeded stephen , without any manner of notice taken of her . polydor virgil makes her present at the treaty of agreement , but mentions no cession or yielding up her right ; no historian , i have seen , takes any notice of her at all ; and yet , undoubtedly , she took all those pains , in her wars with stephen for her self , and upbraided stephen and all his followers with perjury ; and yet she appears no ways concerned in the treaty , nor makes any manner of declaration that she absolved them of their oaths to her , or that she was willing they should transfer their allegiance to her son. perhaps they took these things for granted , because she put in no new claim at that time : all that we know further of her is , that she died , as some say , in the th or , as others , in the th year of her son henry's reign , who died hlmself in , and left his crown and kingdom uncontested to richard i , who was his eldest son then living . he was a brave prince , and , according to the superstitious humour of those times , engaged in the recovery of the holy sepulchre out of the hands of infidels , where he performed wonders , and was accounted one of the religious heroes of that age. but certainly he was very ill paid at home , for these his glorious pains abroad , by john his brother . most of our common historians are mistaken in representing these matters , and confound actions done at different times ; i shall take a little pains to set them in better order , and that in short , from roger hoveden , walt. hemingford , and john brompton , &c. when richard went into the east , he left the government of england in the hands of william longchamp , lord chancellor and bishop of ely , who ( for ought appears ) managed it with great fidelity to the king his master , but to the great dislike of john and his adherents , who made many grievous complaints of his tyrannick government , and seem resolved to have him laid aside at any rate ; the thing that offended john at the bottom was this , that the chancellor , being a man of great abilities and power , abetted and maintained the right of arthur of brettany , son and heir of geofry elder brother to john , and sent underhand to the king of scotland , who was his great uncle , for his protection and assistance , in case king richard should do otherwise than well in the holy-land ; protesting moreover to him , that by letters directed to him from sicily , king richard had appointed arthur his successor , if he should die . it is not very certain whether the chancellor acted thus in favour of young arthur , out of a good principle , as knowing him the rightful heir ; or with ambitious purpose of continuing in his great authority and regency , as he was likely to do , if a child succeeded ; but whatever the motive was to his asserting arthur's right , his doing so must needs be enough to make earl john his mortal enemy . the chancellor was a warm and haughty man , and imprudently administred an occasion of commotion , by commanding girard de camvilla to yield up to him the castle of lincoln , who ( having had it committed to his care by the king ) refus'd to do it , and immediately took part with john , whose ambitious restless temper took hold of this occasion to put himself in arms ; and , whilst the chancellor was besieging girard , he seized on the two castles of nottingham and tickill . so that now they came to open hostilities ; in which the chancellor finding himself the weaker , and knowing he had many mens persons about him , whose hearts were with john , he made his peace with him , upon the vile unworthy terms of forsaking arthur . but this was not what john wanted , which was his dègradation and removal ; to which the following passage ministred occasion , geofry archbishop of york was forbid ( for some cause or other ) by k. richard to enter england in three years space ; but he , unmindful of the king's command ( and some say of his own oath ) resolved to take the opportunity of the king's absence , and enter on his bishoprick , which attempting to do , at dover , he was watched by the chancellor's spies and taken from the altar of a church , whither he fled for refuge , and dragged from thence , and carried and committed to the constable of dover castle . this made a great noise , you may be sure , in those days , and opened the mouths of the clergy , with whose cries earl john fell in immediately ( tho no great friend to church-men , who are even with him in most of their histories ) and wrote to the chancellor to set the archbishop at liberty ; who refusing to do it , he raised a considerable army , and drove his enemy to great straits , and at last suffered him to transport himself out of the land ; having first , in the presence and with the consent of many bishops , judges , and great-men , and the citizens of london , decreed , that he was not fit to bear any rule , or live any longer in the kingdom . when this good company was got together , earl john resolved they should not part without a tast of his intentions , and therefore the same day both he and the archbishop of roan ( who was put into the chancellor's place , as one of the administrators of the kingdom ) and others of the king's justices granted to the citizens of london , habere communam suam ; and again in the same year , john and the archbishop of roan , with almost all the bishops , earls , and barons , swore they would most firmly and inviolably ( as long as it should please the king ) observe and keep communam illam . the glossary to the x. scriptores interprets communam by association and confederation , as if it were , that these lords and great folks took the citizens of london into council with them , and made them join with them in passing their decree and sentence on the chancellor . they did indeed do so ; but this is not enough methinks . i have the authority of a most excellent skilled person both in these and all other learned matters whatsoever , that communa signifies in the place , privileges , and immunities , and by the sense , i believe we should all of us construe it so : for by the passage , with its circumstances , it appears , that there was a combination of lords and bishops and the citizens of london , in favour of john , against any other successor . and the citizens of london on their part , swore faithful service [ took the oath of fidelity ] to king richard and his heirs , and engaged , that if he died without issue , they would receive john for their lord and king. and thereupon sware fidelity to him against all men , saving their oath to richard. radulph . de diceto , and joh. bromton make no mention of these londoners swearing ; but roger hoveden does ( in his annals , pag. . ) who lived and wrote in king john's days ; and to him i refer you , if you please . this makes me inclinable to interpret communam by something that the citizens of london liked , because they seemed to do a very bold and an unjust thing , in lieu of it : they took an oath of fidelity to one , who was neither heir by god's , nor by the laws of the land , nor yet by designation and appointment of the king then living , who was very angry at these proceedings , and spoke very hard words of his brother john ; and there is great reason to believe these strange doings ( as well as the departure of his enemy king philip of france ) hastened his return the sooner into england . but in his return he was unfortunately taken prisoner by the duke of austria , and delivered into the emperor's hands , and there continued sixteen or eighteen months . this opportunity his brother john laid hold on , and by the instigation of the french king , opened his purposes and sought the crown , sometimes giving out the king was dead , and sometimes that the emperor resolved never to let him go . ( and some historians tell us that the king of france , and john , made mighty offers to the emperor , either to detain him , or deliver him up into their hands , which he had much ado to resist . ) but the nobility opposed him constantly , and kept their faith inviolable to their king , to their great praise , and however careless and injurious they had been with respect to arthur's right of succession , yet they were very bold and faithful to their present king in possession ; insomuch that instead of delivering up the kingdom , and swearing allegiance to him , as he demanded , they very vigorously besieged him and his , in windsor-castle , and forc'd him to surrender that and other holds , and fly the kingdom ; which he did , and betook himself to his old friend the king of france , to whom he became liege-man , and did homage for normandy , which yet would not submit to john , but declared it self for its old master , whom they hoped to see at home again , and safe in a short time . and so they did ; for richard came and landed at sandwich in kent , and was joyfully receiv'd of all his subjects throughout the kingdom , excepting some few places which held out for john , which in a little time were reduc'd , and taken into mercy by the king , who , by the advice of the bishops , was again crown'd , with great pomp at winchester . this is a long history , you will think , tho i have greatly shortened it ; but whereto does it serve ? why some have confounded these two attempts of john , and made but one of them ; and some have only mentioned his attempt during his brother's imprisonment , which yet , you see , was a second undertaking , in pursuance of the first , which made way ( as he imagined ) for it . the use i make of it , is this , to shew you , that john , by this first treasonable attempt of causing people to swear fidelity to him , against the king's will , and without his knowledge , and when he was not so much as presumptive heir , must make him justly liable both to the king's anger , and to the punishment of the laws of the land ; but that his second attempt upon the crown made him undoubtedly a traitor , and not to be endur'd either by king or subject . i know not how a subject can become more dangerous , and to be suspected , than by having once been sworn into the succession , without his prince's knowledge and good will , and having afterwards demanded openly the crown , altho his king was then alive : and sure , his succeeding so well as he did the first time , and his attempting it the second time , must make him a dangerous competitor to the king , and fit to be excluded by an oath of abjuration . but nothing of this was thought upon . richard , after the reduction of the castles that held out in john's favour , summoned a parliament at nottingham , ( such as the parliament was then ) on the thirtieth of march . [ trigesima die mensis martii feria quarta ricardus rex angliae celebravit primum concilii sui diem apud nottingham : as r. hoveden , pag. . ] where were present elianor the king's mother , the two archbishops , david the king of scotland's brother , the bishops and the barons : and on the day following , the king demanded justice should be done him , on his brother john , who against his oath of allegiance , had seised on his castles , destroyed his countries , both at home and abroad , and leagued against him with the king of france , his enemy . and it was adjudged , that earl john should be cited to appear within forty days , and stand to the law , and that if he did not — judicaverunt comitem johannem demeruisse regnum , saith hoveden . ipsum fratrem suum rex exhaeredavit . annal. waverl . an. . omne jus pristinum & honorem impensum solenni judicio procerum suorum abjudicavit , saith j. brompton , from w. hemingford ( whom he constantly copies , and cites by the name of walter de giseburn , pag. . lin . . ) judicio procerum omni honore privavit , saith h. knighton , l. . pag. . but the annales de margan , ( put out by the most excellently learned dr. gale , in , ) go , to my thinking , a great way farther than all the rest . the passage is somewhat long , but remarkable enough to make you amends for the patience of reading it . thus then in the year m c xc ix . after richard's death , john his brother , in the octaves of easter , having entred upon the dukedom of normandy , coming over into england , was crowned king on ascension-day at westminster , may . against the judgment and decree of the archbishops , bishops , earls and barons , and all the rest of the great men of england , which they had passed at nottingham in the presence of king richard his brother , where for the treason he had acted against the king , and kingdom , in confederacy with the king of france , he was disinherited and depriv'd ( abjudicatus , which i cannot construe better ) not only of all the lands he had in england , but also of all honors which he might hope for , or expect to have from the crown of england . it was also decreed , that he should be summoned to appear , in such a space of time , within the king's courts , to answer and defend himself , if he could , upon the war and treason aforesaid , raised and committed whilst his brother was abroad , and detain'd in germany ; but he came not himself , nor sent any other to answer for him . upon which , three earls , his peers , were sent to the court of france , there to convict him of the same treason ; but neither did he make his appearance there , or answer for himself . and yet against this judgment and decree , he is crowned king ; william de breuse , together with his faction , pressing instantly for his coronation . in which coronation all that were concerned , offended grievously , as well because john had no right to the kingdom , arthur , his elder brother's son , being then alive , as also , that if he had been heir of the kingdom , yet by and for the above repeated treason , he had been deprived and difinherited . this is a famous passage , and makes very much for a bill of exclusion , at least , if i mistake not ; and there was so much in it , that when the pope's legat was dissuading the king of france from sending his son lewis into england ( as the barons and great men had by express messengers desir'd him to do ) and told him , england then was s. peter's patrimony , by the resignation of king john ; the king of france told him , that england never was john's to give , ( as well because no king can give away his kingdom , without their consent , as also ) because he had forfeited all right to the crown ( if right he had had ) by his treasons against richard , of which he stood convict , and had had sentence passed upon him , as a traitor , by hugh de pudsey , bishop of durham . thus matth. westm. tho matth. paris represents it a little otherwise . but tho the king and parliament proceeded to an act of exclusion , yet they put no one upon abjuring john by name . they thought it enough to secure the present king by an oath of allegiance , and to put by john from succeeding him ; but no one ever was constrain'd to swear he never should , nor ought to , be king. they hurt john as much as they could , by freeing the subject from swearing to him ; but they intended not to hurt the subjects , by compelling them to swear against him . methinks there is great deal of difference betwixt these two points ; and that 's the use i would have you make of this long story , which i will conclude , when i have added , that tho john afterwards did actually succeed his brother richard ; tho arthur had been declared successor to richard ; tho it was the opinion of all the world , both abroad and at home , that arthur was the undoubted heir of the crown ; tho many nobles sided with him ; tho he claim'd the crown himself openly , and gave john abundance of trouble , and alarm'd him daily ; yet did john never attempt to get him abjured by the nation , nor to secure himself any other way than by the common oath of allegiance . he afterwards caught him , and in all likelyhood ordered him to be made away privately ; but that was nothing to the people of england . he died , 't is thought , about , but his sister ellinor , commonly called the damosel of britanny , lived till after . tho she undoubtedly was the heiress of the crown , if the nation had regarded the lineal and immediate succession , as much in those , as in these latter days , which it is manifest they did not . the long and troublesome reign of henry the third , the times of edward the first and second afford me nothing to my present purpose : they had no rivals or competitors to fear , nor consequently any occasion of securing themselves by any oath of abjuration . when edward the third was crowned king , upon the deposition of his father , tho edmond of kent , and others , attempted to deliver him from his imprisonment , and re-instate him again , yet the young king sought not his safety and establishment by any oath of abjuration of his father . it was enough , that the several estates of the kingdom , had by deputies appointed for the purpose , solemnly renounced their allegiance to him , and chosen his son to reign in his stead and taken the usual oath of allegiance to him ; this was then esteemed sufficient security for the young king , without concerning the whole kingdom in an oath of abjuration . and this was the case of henry the fourth , when richard the second was deposed , the crown was entail'd by parliament on him and his sons , but there was no abjuring richard , by an oath to be taken by the subjects . the estates of the realm deposed him very solemnly ( even without any notice taken of his resignation , though after he had made it ) objecting such and such crimes , as deserv'd it ; which they might well have spar'd , and surely would have done it , even for pities sake , if they had not intended thereby to shew and exercise a power they thought inherent in them , on such extraordinary occasions . i will not trouble you with the instance of henry vi. with regard to richard duke of york , who made claim upon him ; nor of edward iv. with regard to henry vi. neither of which princes thought of securing themselves by any oath of abjuration . because you may say , there was no need of their doing so , since both of them looked upon themselves as rightful possessors of the throne ; and what need was there of causing the subjects to abjure the right of one who had no right at that time ; nor , ( as they thought ) at any time besides ? for i make no question but henry vi. look'd on himself as most rightful king ; and truly the succession of three generations , and the possession , for above threescore years , of royalty , might have made a more devout and conscientious prince than henry was ( if it could be ) believe so too . neither will it serve to my purpose , to instance in richard iii. with regard to the son and daughter of his elder brother george duke of clarence , because he confided so far in the attaindour of the father , that he had no suspicion of the children ; he bastardiz'd , depos'd , and murther'd , the children of his brother edward iv. but he thought the act of parliament had secur'd him against the family of clarence , and therefore was regardless of them . we have no reason to think he acted out of any better principle , towards them . and it was not then perhaps so clear in law , as since , that the crown takes away all defects and stops in blood ; and that from the time the king assumes the crown , the fountain is cleared , and all attaindors and corruption of blood discharged ; which was the resolution of the judges , in the case of henry vii . the instances i have mentioned before , from edgar atheling to richard ii. are enow , and sufficient to my purpose , or none are . and i hope from them , you will be able to see , what i design'd to shew you , in the first place , that , though we have had so many occasions , where an oath of abjuration was full as reasonable , as convenient , and as necessary , as it can possibly be at this day , yet we have never had one . and therefore , that an oath of abjuration would be altogether strange and new in england . and if you do not also see , as it were by the by , from these collections , that the oaths of fidelity and allegiance , have been constantly imposed on , and taken by , the subjects of the land ( concern'd to take them ) . to such persons as were by the consent and approbation of the three estates of the kingdom , invested with the regal power , although they could not lay claim thereto , by lineal and legal succession : if you do not see this , i shall think i have represented matter but confusedly . believe me then , in short , an oath of allegiance was always taken , but an oath of abjuration , never . i am now , in the second place , to shew you , according to my skill , that an oath of abjuration is altogether needless . if it be needful , it is only needful to the securing their present majesties in the possession of the throne , which they ( in our opinion i am sure ) fill most deservedly . but this is not to be done by an oath of abjuration , if it will not be done by an oath of allegiance . and i may well presume , that such as refuse the oath of allegiance , will never take an oath of abjuration ; so that here will be no new subjects gain'd we may be sure ; and if it will neither gain new subjects , nor fasten the old ones closer to their majesties interest , where is the necessity of imposing it ? do their majesties , i pray , want any thing more than allegiance and fidelity from all , or any of their subjects , in the respective stations they stand related to their princes in ? no one , i think , will say they do . if all men therefore would fulfil their oaths of allegiance and fidelity , what need would there be of imposing any new ones ? it is not taking new oaths , but keeping the old ones , that must secure their present majesties ; and will any man that does not make a conscience of fulfilling the oaths he has taken , be scrupulous of either taking , or breaking , any new ones ? what should hinder one from taking an oath of abjuration , who has no regard to his oath of allegiance ? and what security can you have against the breach of a second oath , from one who shews apparently he values not his first ? do you not therefore see that such as knowingly break their allegiance oath , will take at last ( though not without some kind of scruple neither ) the oath of abjuration and break it , when it is convenient , full as knowingly ? we see men , frequently , that are nice and squeamish , with respect to some offences , who yet make very bold with others , altogether as heinous ; but it is seldom seen that a man grows tenderer in a point wherein he has once or twice : offended . he who has taken the oath of allegiance to their majesties , and yet will comfort , and abett , and correspond with any of their enemies , will take the oath again , and proceed to whatever oath you shall impose , and still retain the same mind , and pursue the same . design ; and he may do it all , upon the same principle , by which he acts , when he breaks his oath of allegiance . so that an oath of abjuration , will neither gain their majesties any new friends , nor fix the old ones faster to them , nor yet discover any old or new enemies . and what is an oath good for , that will answer to none of these ends and purposes ? that will neither discover truth nor falshood ? that will neither make nor keep . men honester or more loyal than they were before , nor yet prevent them from being false and traiterous , or shew us when they are so ? i make no doubt but this is the pretence and plea for an oath of abjuration , that it will discover who are enemies to the present government ; and this is that which may make it appear most reasonable to be imposed . if it will not therefore do this , it will do nothing , or it will do mischief . this i conclude it will never do ( i. e. discover who are enemies to the government ) for this reason . because ( supposing all along , that none will take an oath of abjuration , who have refused to take the oath of allegiance , and therefore that they alone who have taken the oath of allegiance , will take the abjuration oath ) they who have taken the oath of allegiance malâ fide , who design ( or whether they design or no , do actually do it ) to serve and succour the late king , will also certainly take the abjuration oath . they who have falsified their faith to king william and queen mary , in favour of the late king will not stand out upon another oath , by which they shall not only lose perhaps a beneficial office , but also incapacitate themselves for either hurting their present majesties , or serving their late master . this i have before shewed , and it is not in man to find out , or assign , one tolerable reason why they should not do it . will therefore any such persidious men as these be discovered by an oath of abjuration ? will they not rather be enabled to do more mischief by being more trusted for such an oath , which they esteem and will keep just as they did the other ? so that the king and queens enemies will lie as safe and close under an oath of abjuration , as under an allegiance oath : for what , i would know , does the most solemn and tremendous oath signifie , unless the party think himself oblig'd in conscience to observe it ? and if he do not think himself oblig'd in conscience , to observe and keep his oath of allegiance , what is there that should tie an abjuration oath upon him ? for the tie and sanction of both these oaths must be the same , and the breach of them must be alike criminal , and will be punished alike , in both worlds , inasmuch as a man is equally perjur'd in little and in great matters : and if any man will shew how he may safely violate his oath of allegiance , with a good conscience , i will do as much for him , for the violation of the strictest oath of abjuration , in the world. i hope you perceive then , that they who will take an oath of allegiance to their present majesties , and make no manner of conscience of performing it , but actually serve , and correspond with their enemies , will also make no bones of taking and breaking an oath of abjuration ; which is the reason from whence i conclude an oath of abjuration will not serve to discover the king and queens enemies , which yet it certainly pretends to do . they are , it seems , to be discovered by refusing the oath ; but they intend to take the oath , and where is the discovery ? well , but will all that take the oath of allegiance take the oath of abjuration ? no , unquestionably no. will not therefore those who refuse it , be thereby discovered to be enemies to the present government ? i say again no. they will not be discovered to be enemies , because they will not be thereby its enemies . let us , for once divide the people that have taken the oath of allegiance to their majesties into , . such as have taken and kept it bona side . . such as have taken and broken it wittingly and willingly , and with an evil mind . of these latter , we have seen , no manner of good can be expected . they will neither be made good subjects , by a new oath , nor discovered to be bad ones by it . a new oath will therefore only affect such as have taken the oath of allegiance bonâ fide , and kept it very honestly . and is it likely that they who have done so should be enemies to the government ? i grant you , that a great many scrupled and considered long , before they ventur'd on the oaths ; but are not scruple and consideration tokens of a good and honest mind ? and if after scruple and consideration , they took the oaths , and since have kept them well and honestly , what reason is there to think , or call , these people enemies to the government , though they should go no farther ? the legislative power imposed the oath of allegiance on the subject , and intended it for the security and establishment of the present government ; the subject takes the oath and keeps it faithfully , how is he then an enemy ? my friend desires me to walk a mile with him , to conduct him homewards , and see him safe through such a thieving lane , and i consent ; and when he comes to the miles end , his fears grow greater , and he desires me to walk another mile , but i tell him , it is late , and i can go no farther without inconveniency and danger to my self , and for this he quarrels me , and accounts me his enemy . i leave you to judg with what reason . i did what he desir'd at first , and thought , with all his foresight and distrust , would be sufficient to secure him ( and so did all that passed that way before him ) but i can do no more , and be secure my self . sure , though i can no longer serve him , yet i have served him hitherto , and may deserve a better name than enemy . what think you of the application ? must those be enemies to the present government , who took the oath of allegiance to their majesties , which was all that was required and thought sufficient for their safety , and have all along kept it inviolable , and served them faithfully and diligently ; must these be reckon'd enemies , because they will not also take an oath of abjuration ? will therefore an oath of abjuration discover who are the king and queens enemies ? but that i may not seem to deny every thing to an oath of abjuration , after having shewn you what i think it will not discover , i will now shew you , what , i think , it will discover . and first , it will discover the nakedness of the land ; it will discover the distress and straits , we find our selves reduc'd to , when we must have recourse to such extremities . when that which secures all other governments in the world besides , and that which has secured our own , as well as any other , for so many hundreds of years ( viz. an oath of allegiance to the possessors of the throne ) will not secure , or be thought sufficient to secure , the present government , on what foundation will the world about us think we stand ? they have seen us choose , and place upon the throne , our princes , with all good liking and affection possible : and they will see us now , forc'd to be chain'd to our obedience , and tied down groveling on the ground for fear of rising up against them . this posture will not please our friends abroad , who understand our generous tempers better ; they will fear the effects of such unusual bonds . and for our enemies abroad , they undoubtedly will do , as our enemies at home do , rejoyce exceedingly , at such an oath , the jacobites ( as all the discontented disaffected people are now call'd ) have hitherto shewn themselves but puny politicians ; their designs have neither wanted malice nor barbarity , but they have laid and manag'd them , with so much weakness and simplicity , that they seem to be infatuated very much : but yet they are wise enough to foresee the advantages they are like to reap from the distractions an oath of abjuration will undoubtedly produce amongst us . and though some of them may be set to decry it publickly , as a most abominable unheard-of thing , and others of them , in their weakness , truly believe it is so , yet the managers of the party , and more understanding people amongst them , do underhand abett , and favour it exceedingly , well knowing they shall find their account therein . this is one thing an oath of abjuration will discover , it will discover our distress . secondly , it will discover , who can serve the king no longer ; that is certain : we shall see thereby , who they are , that can pay their majesties no more than allegiance and fidelity ; that is , who can pay no more , than has at any time been paid , to all or any of their predecessors , for above six hundred years ; no more than any of their predecessors have at any time demanded ; this we shall see , and these discoveries will be made thereby . but what shall we get by such discoveries ? they will please no good subjects ; there will be little joy in seeing a great number of good people , that serve their present majesties with faithfulness , and honesty , and diligence , and with affection too , dispossess'd of their employments , and incapacitated to serve them any longer : for to be sure , no other but the honest , faithful , and the conscientious will be dispossess'd thereby . no false subjects , none that can play with an allegiance-oath , will forfeit any thing for fear of an abjuration-oath . an abjuration-oath will therefore discover those who can serve their majesties as far as an oath of allegiance can carry them , but no farther ; and that is a second discovery , but such a one , as no good english man can desire to make , in your opinion . thirdly , an abjuration-oath , will discover , it is hoped — a short passage to the west and east indies — a fresh spanish wreck — a new and ready way to benesicial offices , and great preferments . if it do not lay open the road to good employments , by new vacancies , it will be good for just nothing . if those who take the allegiance-oath , should chance to take ( as who can tell ? ) the abjuration-oath , and continue as they were , you would hear no more talk of its great security , and tendency to the establishment of the present government . if this could be foreseen , an oath of allegiance would suffice ( in their opinion ) for any king or queen in christendom . if you think , sir , i go too far in this matter , i retract . i had rather much , be mistaken in my guesses , than that any considerable body of english gentlemen should prefer so vile and selfish a design , to the peace and welfare of their natural country . but if you knew this part of mankind as well as i do , you would still fear , that the way to offices and good preferments , was one of the discoveries design'd to be made by an oath of abjuration , by a great many people . but , to draw to a conclusion of this head ; an oath of abjuration must be altogether needless , if it will effect no greater matters to the security of the present government , than an oath of allegiance will do . now , though all the men in england who have taken the oath of allegiance , should also take the oath of abjuration , yet it is from the oath of allegigiance and fidelity , the government must look for , and find its security , and not from the oath of abjuration . for he who has sworn allegiance and fidelity to king william and queen mary , has sworn , he will obey and serve them according to his power , and shew himself a good and faithful subject to them in the respective post and station , he is in . he is not only tied thereby to live peaceably and quietly under their government , without offending against their laws , or doing any thing to their prejudice , but he is tied to activity in their behalf and defence , if his post and station be such as requires him to be active . no one , that in good conscience took the oath to their present majesties can find himself at liberty to serve , by any ways or means , one that would certainly dethrone them . this is , undoubtedly , the least that an oath of allegiance can do , that it ties the hands of all that take it , from lending any manner of aid or assistance to the late king james . but if his post be active , he is farther oblig'd thereby to be active in their defence . if a privy councellor , a bishop , and a general , take the oath of allegiance to king william and queen mary , they are undoubtedly oblig'd thereby , to advise faithfully and keep the secrets , to pray for the prosperity , and fight the battles , of them . so that as far as , and wherever , the office requires activity , the oath obliges to it : and all the security a prince can expect must come and arise from the obligation of such an oath . on the other hand , what would it signifie , or contribute , to the security of their present majesties , that a man should swear they were the legal , lineal , just , and rightful possessors of the crown , and renounce , abjure , and disclaim , all right and title of the late king james thereto ; unless he held himself oblig'd , by virtue of his oath of allegiance , to keep and defend them in their present possession , to the best of his power , against all claimers whatsoever ? i know there is a great deal of difference , betwixt an oath of allegiance and fidelity simply such , and an oath of allegiance which is also declarative of right . but the difference does not lie , in this , that an oath declarative of right , is of greater security to the prince , than an oath of allegiance . without such declaration . for he who takes an oath of allegiance , gives him●●●f to whom he swears , a right to his allegiance for the time to come , although he may be suppos'd to have had no right to it before , and therefore owes the prince as much allegiance after his oath , as if he had in the oath acknowledged him to be the most rightful prince in the world. as if a man oblige himself by oath to pay another an hundred pound , he is as strongly oblig'd to pay it him , by virtue of his oath , as if he had truly borrowed it in time past of him . the oath has given the other a right to the mony , and by the oath the promiser is oblig'd to pay it . i do not say , that a man would not choose , if he could , rather to have a double right to his mony , both that of debt , and that of oath , than a single one of oath ; but i say that an oath , ( if the man be able and conscientious ) will as certainly secure the mony to the other , as both an oath and debt . by this i mean to say , that the oath of allegiance is of it self as great security to the prince , as if a man should withal both recognize the princes right , and abjure , and renounce to the title and right of any other . because the security arises to the prince from the positive engagement of the subject to do something for him , to do nothing against him , to pay him service and obedience , and to defend him against his enemies , to his power ; and not from acknowledging him to be the rightful prince , and swearing that another has no right to his allegiance , which may be true , but signifie nothing to his security . it is therefore evident , that all the security that can arise to the prince , depends upon the honest taking , and the honest keeping of the oath of allegiance , which implies obedience and assistance ; and that he who hath taken that oath with good intent , hath thereby given himself a bondsman , to pay obedience and assistance , which is as much as any prince can either want , or have , from all the recognitions and acknowledgments of right that can be made . and these are the considerations upon which i ground my second conclusion , that an oath of abjuration is altogether needless . it will not secure a king where an oath of allegiance will not . it will make no new friends . it will fix no old ones faster . it will discover no enemies . it will do nothing but mischief . iii. i have only now to shew you , in the third place , that an oath of abjuration is impossible to be kept . i have already considered the abjuring the right and title of the late king in the foregoing article , and shewn the doing so ( tho done with good faith ) would prove no manner of security to their present majesties . the other part of abjuration is of his person and government ; as if we should swear — we will not have this man to reign over us . i say such an abjuration-oath is , or may be , impossible to be kept ; and therefore should not be imposed . for if he should come in by conquest , how can any single subject hinder him ? if the obstinate fight at landen had determin'd of that valuable life , upon which our safeties do all so much depend ; if god in his anger should remove our excellent princess ( neither of which things were or are any way impossible ) what would become of us ? if therefore we mean any thing more by abjuring his person , than that we wish he may never return , and that we will contribute neither money , counsel , neither intelligence , nor corporal aid , we must mean no sense , for all besides is no sense ; and if we mean nothing but this , we certainly mean and intend this , by our oaths of allegiance and fidelity ; for they exact as much as this comes to , at our hands ; to abjure him beyond this , is as if a man should take an oath , never to have a fever , which yet he cannot possibly prevent ; he may promise safely , that he does not covet it , that he will live temperately , and pray to god to keep it from him , but he can't forswear its seizing on him ; and when it comes he must be patient under it . and sure , it would be a hardship on a man , to have more than this required , when 't is impossible he should perform more . this , sir , is my sense and opinion of an oath of abjuration . if it hit not with yours , or any man as wise and good , you will pardon it . if it convince any one otherwise minded , if it confirm and settle any one in the like ; in a word , if it will do any good ; if it will prevent any evil or confusion , if it will any ways tend to the security of their present majesties , and the prosperous continuance of their government over us , i shall be glad , and think my time and pains well spent . and whether it do any of this or no , i must be contented ; i know i design'd it well , and i know moreover , that if i err in my judgment , i err with good company , even with the major part of the honorable house of commons , in two successive sessions , whose judgment i must needs prefer to the best and most understanding acquaintance you can possibly have . i am , sir , your affectionate humble servant . finis . de corpore politico, or, the elements of law, moral and politick with discourses upon severall heads, as of [brace] the law of nature, oathes and covenants, several kinds of government : with the changes and revolutions of them / by tho. hobbs of malmsbury. hobbes, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) de corpore politico, or, the elements of law, moral and politick with discourses upon severall heads, as of [brace] the law of nature, oathes and covenants, several kinds of government : with the changes and revolutions of them / by tho. hobbs of malmsbury. hobbes, thomas, - . [ ], p. printed by t.r. for j. ridley, and are to be sold at the castle in fleetstreet ..., london : . imperfect: tightly bound with loss of text. reproduction of original in the bodleian library. eng natural law. political science -- early works to . oaths. a r (wing h ). civilwar no de corpore politico. or the elements of law, moral & politick. with discourses upon severall heads; as of the law of nature. oathes and cove hobbes, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion de corpore politico . or the elements of law , moral & politick . with discourses upon severall heads ; as of the law of nature . oathes and covenants . several kinds of government . with the changes and revolutions of them . by tho. hobbs of malmsbury . london , printed by t. r. for j. ridley , and are to be sold at the castle in fleetstreet , by ram-alley . . to the reader . reader , you may be pleased to take notice , that the first part of the work depends upon a former treatise of humane nature written by mr. hobbs , and by a friend of his committed to the press for the benefit of mankind . it was thought fit , that nothing of so worthy an author should be left unprinted , especially considering , that this piece is most usefull for the society of reasona●le creatures , being the grounds and principles of policy , without which there would be nothing but confusion in the world . i am confident , if mens minds were but truly fixt upon the center of this discourse , they would not prove such weather-cocks , to be turned about with the wind of every false doctrine , and vain opinion . vve should then be free from those disorders which threaten distraction to the soul , and destruction to the common vvealth . but let others write never so well , if our practise doe not second their instructions , we may bee wise enough to foresee our misery , but never know how to prevent it . what pitty is it , that such rare conclusions as these are , should produce no other effect , but to informe our knowledg , and confute our conversation ; whilest we neglect the truth that is apprehended . yet there is some hope , that such observers , whose vvisdome hath received the stamp of goodnesse , will improve their skill to a reall advancement of those benefits , which lye horded up in this curious cabinet , to whose use and behoof , these excellent notions are commended , as the best that ever were writ in this kind , and may serve for a generall ground and foundation to all regular conceptions , that concern the essence and existence of man , the government of kingdoms and common-vvealths , and by consequence our eternall salvation . de corpore politico . chap. i. . . men by nature equall . . by vain glory indisposed to allow equality with themselves , to others . . apt to provoke another by comparisons . . apt to incroach one upon another . . right defined . . right to the end , implyeth right to the means . every man his own judge by nature . . every mans strength and knowledge for his owne use . . every man by nature hath right to all things . . warr and peace defined . . men by noture in the state of warr . . in manifest inequality , might is right . . reason dictateth peace . in a former treatise of humane nature already printed , hath beene set forth the whole nature of man , consisting in the powers naturall of his body and mind , and may all be comprehended in these four , strength of body , experinece , reason , and passion . . in this , it will be expedient to consider in what estate of security this our nature hath placed us , and what probability it hath left us , of continuing and preserving our selves against the violence of one another . and first , if we consider how little odds there is of strength or knowledge , between men of mature age , and with how great facility he that is the weaker in strength , or in wit , or in both , may utterly destroy the power of the stronger ; since there needeth but little force to the taking away of a mans life , we may conclude that men , considered in meer nature , ought to admit amongst themselves equality ; and that he that claimeth no more , may be esteemed moderate . . on the other side , considering the great difference there is in men , from the diversity of their passions , how some are vainly glorious , and hope for precedency and superiority above their fellows , not only when they are equall in power , but also when they are inferiour ; we must needs acknowledge that it must necessarily follow , that those men who are moderate , and look for no more but equality of nature , shall be obnoxious to the force of others , that will attempt to subdue them . and from hence shall proceed a generall diffidence in mankind , and mutuall fear one of another . . farther , since men by natural passion are divers wayes offensive one to another , every man thinking well of himself , and hating to see the same in others , they must needs provoke one another by words , and other signes of contempt and hatred , which are incident to all comparison , till at last , they must determine the preheminence by strength and force of body . . moreover , considering that many mens appetites carry them to one and the same end ; which end sometimes can neither be enjoyed in common , nor divided , it followeth , that the stronger must enjoy it alone and that it be decided by battell who is the stronger . and thus the greatest part of men , upon no assurance of odds , do neverthelesse through vanity , or comparison , or appetite , provoke the rest , that otherwise would be contented with equality . . and forasmuch as necessity of nature maketh men to will and desire bonum sibi , that which is good for themselves , and to avoid that which is hurtfull ; but most of all , the terrible enemy of nature , death , from whom we expect both the losse of all power , and also the greatest of bodily paines in the losing : it is not against reason , that a man doth all he can , to preserve his owne body and limbs , both from death and paine . and that which is not against reason , men call right , or jus , or blame●esse liberty , of using our own naturall power and ability . it is therefore ● right of nature , that every man may preserve his owne life and limbs , with all the power he hath . . and because where a man hath right to the end , and the end cannot be attained without the meanes ; that is , without such things as are necessary to the end , it is consequent that it is not against reason , and therefore right for a man to use all meanes , and doe whatsoever action is necessary for the preservation of his body . . also every man by right of nature , is judge himself of the necessity of the means , and of the greatnesse of the danger . for if it be against reason , that i be judge of mine owne danger my self , then it is reason , that another man be judge thereof . but the same reason that maketh another man judge of those things that concern me , maketh me also judge of that that concerneth him . and therefore i have reason to judge of his sentence , whether it be for my benefit , or not . . as a mans judgment in right of nature is to be imployed for his own benefit , so also the strength , knowledg , and art , of every man is then rightly imployed , when he useth it for himselfe ; else must not a man have right to preserve himselfe . . every man by nature hath right to all things , that is to say , to do whatsoever he listeth to whom he listeth , to possesse , use , and enjoy all things he will and can . for seeing all things he willeth , must therfore be good unto him in his own judgment , because he willeth them , and may tend to his preservation some time or other , or he may judg so , and we have made him judg thereof , sect. . it followeth , that all things may rightly also be done by him . and for this cause it is rightly sayd , natura dedil omnia omnibus , that nature hath given all things to all men ; insomuch that jus & utile , right and profit , is the same thing . but that right of all men to all things , is in effect no better than if no man had right to any thing . for there is little use and benefit of the right a man hath , when another as strong , or stronger then himselfe hath right to the same . . seeing then to the offensivenesse of mans nature one to another , there is added a right of every man to every thing , whereby one man invadeth with right , and another man with right resisteth , and men live thereby in perpetuall diffidence , and study how to p●eoccupate each other : the estate of men in this naturall liberty , is the estate of warr . for warr is nothing else but that time wherein the will and contention of contending by force , is either by words or actions sufficiently declared ; and the time which is not warr , is peace . . the estate of hostility and war being such , as thereby nature it selfe is destroyed , and men kil one another : ( as we know also that it is , both by the experience of salvage nations that live at this day , and by the histories of our ancestors , the old inhabitants of germany , and other now civill countries , where we find the people few , and short-lived , and without the ornaments and comforts of life , which by peace and society are usually invented and procured ) he therefore that desireth to live in such an estate as is the estate of liberty and right of all to all , contradicteth himselfe . for every man by natural necessity desireth his own good , to which this estate is contrary , wherin we suppose contention between men by nature equal , and able to destroy one another . . seeing this right of protecting our selves by our own discretion and force proceedeth from danger , and that danger from the fquality between mens forces , much more reason is there , that a man prevent such equality before the danger cometh , and before the necessity of battell . a man therefore that hath another man in his power to rule or govern , to do good to , or harm , hath right , by the advantage of this his present power , to take caution at his pleasure , for his security against that other in time to come . he therefore that hath already subdued his adversary , or gotten into his power any other , that either by infancy , or weaknesse , is unable to resist him , by right of nature may take the best caution , that such infant , or such feeble and subdued person can give him , of being ruled and governed by him for the time to come . for seeing we intend allwaies our one safety and preservation , we manifestly contradict that our intention , if we willingly dismiss such a one , and suffer him at once to gather strength and be our enemy . out of which may also be collected , that inresistable might in the state of nature is right . . but since it is supposed by the equality of strength and other natural faculties of men , that no man is of might sufficient , to assure himselfe for any long time , of preserving himself therby , whiles he remaineth in the state of hostility and war ; reason therefore dictateth to every man for his own good , to seek after peace , as far forth as there is hope to attain the same : and strengthen himselfe with all the help he can procure , for his own defence against those , from whom such peace cannot be obtained : and to do all those things which necessarily conduce thereunto . chap. ii. . the law of nature consisteth not in consent of men , but reason . . that every man devests himself of the right he hath to all things is one precept of nature . . what it is to relinquish and transferr ones right . . the will to transfer , and the will to accept , both necessary to the passing away of right . . right not transferred by words , de futuro , onely . . words de futuro , together with other signes of the will , may transferr right . . free gift defined . contract , and the sorts of it . . covenant defined . . contract of mutuall trust , is of no validity in the estate of hostility . . no covenant of men but with one another . . covenant how dissolved . . covenant extorted by feare , in the law of nature , valid . . covenant contrary to former covenant , voyd . . an oath defined . . oath to be administred to every man in his own religion . . oath addeth not to the obligation . . covenants binde but to endeavour . what it is we call the law of nature , is not agreed upon by those , that have hitherto wtitten . for the most part such writets as have occasion to affirm , that any thing is against the law of nature , do alledge no more than this , that it is against the consent of all nations , or the wisest and most civill nations . but it is not agreed upon , who shall judge which nations are the wisest . others make that against the law of nature , which is contrary to the consent of all mankind , which definition cannot be allowed , because then no man could offend against the law of nature ; for the nature of every man is contained under the nature of mankind . but forasmuch as all men are carried away by the violence of their passion , and by evill customes , do those things which are commonly said to be against the law of nature ; it is not the consent of passion , or consent in some errour gotten by custome , that makes the law of nature . reason is no less of the nature of man then passion , and is the same in all men , because all men agree in the will to be directed and governed in the way to that which they desire to attain , namely , their own good which is the work of reason , there can therefore be no other law of nature then reason , nor no other precepts of natural law , then those which declare unto us the wayes of peace , where the same may be obtained , and of defence where it may not . . one precept of the law of nature therefore this is , that every man devest himself of the right he hath to all things by nature . for when divers men having right not only to all things else , but to one anothers persons , if they use the same , there ariseth thereby invasion on the one part , and resistance on the other , which is war , and therefore contrary to the law of nature , the sum whereof consisteth in making peace . . wen a man devesteth and putteth from his right , he either simply relinquisheth it , or transferreth the same to another man . to relinquish it , is by sufficient signs to declare , that it is his will no more to doe that action , which of right he might have done before . to transferre right to another , is by sufficient signs to declare to that other accepting thereof , that it is his will not to resist , or hinder him , according to that right he had thereto before he transferred it . for seeing that by nature every man hath right to every thing , it is impossible for a man to transfer unto another any right that he had not before . and therefore all that a man doth in transferring of right , is no more but a declaring of the will , to suffer him to whom he hath so transferred his right , to make benefit of the same , without molestation . as for example , when a man giveth his lands or goods to another , he taketh from himself the right to enter into , and make use of the said lands or goods , or otherwise to hinder him of the use of what he hath given . . in transferring of right , two things therefore are required , one on the part of him that transferreth , which is a sufficient signification of his will therein : the other , on the part of him to whom it is transferred which is a sufficient signification of his acceptation thereof . either of these failing the right remaineth where it was : nor is it to be supposed , that he which giveth his right to one that accepteth it not , doth thereby simply relinquish it , and transfer it to whomsoever will receive it : in as much as the cause of transferring the same to one , rather then to another , is in the one , rather then in the rest . . when there appeare no other signes that a man hath relinquished , or transferred his right , but only words , it behoveth that the same be done in words , that signifie the present time , or the time past , and not only the time to come . for he that saith of the time to come ( as for example ) to morrow , i will give , declareth evidently , that he hath not yet given . the right therefore remaineth in him to day , and so continues , till he have given actually . but he that saith , i give , presently , or have given to another any thing , to have and enjoy the same to morrow , or any other time future , hath now actually transferred the sayd right , which otherwise he should have had at the time that the other is to enjoy it . . but because words alone are not a sufficient declaration of the mind , as hath been shewed , chap. . sect. words spoken , de futuro , when the will of him that speaketh them may be gathered by other signs , may be taken very often , as if they were meant de praesenti . for when it appeareth , that he that giveth , would have his words so understood by him to whom he giveth , as if he did actually transfe●r his right , then he must needs be understood to will all that is necessary to the same . . when a man transferreth any right of his to another , without consideration of reciprocal benefit past , present , or to come , this is called free gift . and in free gift , no other words can be binding , but those which are de praesenti , or de praeterito . for being de futuro only , they transfer nothing , nor can they be understood , as if they proceeded from the will of the giver ; because being a free gift , it carryeth with it no obligation greater then that which is inforced by the words . for he that promiseth to give , without any other consideration but his own affection , so long as he hath not given , deliberateth still , according as the causes of the affections continue , or diminish : and he that deliberateth , hath not yet willed , because the will is the last act of his deliberation . he that promiseth therefore , is not thereby a donor , but doson ; which name was given to that antiochus , that promised often , but seldome gave . . when a man transferreth his right upon consideration of reciprocal benefit , this is not free gift , but mutual donation , and is called contract . and in all contracts , either both parties presently perform , and put each other into a certainty and assurance of enjoying what they contract for . as when men buy or sell , or barter : or one party performeth presently , and the other promiseth , as when one selleth upon trust : or else neither party performeth presently , but trust one another . and it is impossible there should be any kind of contract besides these three . for either both the contractors trust , or neither , or else one trusteth , and the other not . . in all contracts where there is trust , the promise of him that is trusted , is called a covenant . and this though it be a promise , and of the time to come , yet doth it transfer the right , when that time cometh , no lesse then an actuall donation . for it is a manifest signe , that he which did perform , understood it was the will of him that was trusted , to performe also . promises therefore , upon consideration of reciprocal benefit , are covenants and signes of the will , or last act of deliberation , whereby the liberty of performing , or not performing , is taken away , and consequently are obligatory . for where liberty ceaseth , there beginneth obligation . . neverthelesse , in contracts that consist of such mutual trust , as that nothing be by either party performed for the present , when the contract is between such as are not compellable , he that performeth first , considering the disposition of men to take advantage of every thing for their benefit , doth but betray himself thereby to the covetousnesse or other passion of him with whom he contracteth . and therefore such covenants are of none effect . for there is no reason why the one should performe first , if the other be likely not to performe afterward . and whether he be likely or not , he that doubteth shall be judge himself , as hath been sayd , chap. . sect. . as long as they remaine in the estate and liberty of nature . but when there shall be such power coercive over both the parties , as shall deprive them of their private judgements in this point , then may such covenants be effectuall , seeing he that performeth first shal have no reasonable cause to doubt of the performance of the other , that may be compelled thereunto . . and forasmuch as in all covenants , and contracts , and donations , the acceptance of him to whom the right is transferred , is necessary to the essence of those covenants , donations , &c. it is impossible to make a covenant or donation to any , that by nature , or absence , are unable ; or if able , do not actualty declare their acceptation of the same . first of all therefore , it is impossible for any man to make a covenant with god almighty , farther then it hath pleased him to declare who shall receive and accept of the said covenant in his name . also it is impossible to make covenant with those living creatures , of whose wils we have no sufficient signe , for want of common language . . a covenant to do any action at a certain time and place , is then dissolved by the covenantor , when that time cometh , either by the performance , or by the violation . for a covenant is void that is once impossible . but a covenant not to do without time limited , which is as much as to say , a covenant never to do , is dissolved by the covenantor then only , when he violateth it or dyeth . and generally , all covenants are dischargeable by the covenantee , to whose benefit , and by whose right , he that maketh the covenant is obliged . this right therefore of the covenantee relinquished , is a release of the covenant . and universally , for the same reason , all obligations are determinable at the will of the obliger . . it is a question often moved , whether such covenants oblige , as are extorted from men by fear . as for example , whether if a man for feare of death , hath promised to give a theef an hundred pounds the next day , and not discover him , whether such covenant be obligatory , or not . and though in some cases such covenant may be void , yet it is not therefore void , because extorted by fear . for there appeareth no reason , why that which we do upon fear , should be lesse firme then that which we do for covetousnesse . for both the one and the other maketh the action voluntary . and if no covenant should be good , that proceedeth from feare of death , no conditions of peace betweene enemies , nor any laws , could be of force , which are all consented to from that fear . for who would lose the liberty that nature hath given him , of governing himselfe by his own will and power , if they feared not death in the retaining of it ? what prisoner in war might be trusted to seek his ransome , and ought not rather to be killed , if he were not tyed by the grant of his life , to perform his promise ? but after the introduction of policy and laws , the case may alter , for if by the law the performance of such a covenant be forbidden , then he that promiseth any thing to a theif , not only may , but must refuse to perform it . but if the law forbid not the performance , but leave it to the will of the promiser , then is the performance still lawfull ; and the covenant of things lawfull is obligatory , even towards a theif . . he that giveth , promiseth , or covenanteth to one , and after giveth , promiseth , or covenanteth the same to another , maketh void the later act. for it is impossible for a man to transfer that right which he himselfe hath not ; and that right he hath not , which he himself hath before transferred . . an oath is a clause annexed to a promise , containing a renuntiation of gods mercy by him that promiseth , in case he perform not as far as is lawfull and possible for him to doe . and this appeareth by the words which make the essence of the oath , so helpe me god . so also was it amongst the heathen . and the forme of the romans was , thou jupiter kill him that breaketh , as i kill this beast . the intention therefore of an oath being to provoke vengeance upon the breakers of covenant ; it is to no purpose to sweare by men , be they never so great , because their punishment by divers accidents may be avoided , whether they will or no , but gods punishment not . though it were a custome of many nations , to sweare by the life of their princes ; yet those princes being ambitious of divine honour , give sufficient testimony , that they beleeved , nothing ought to be sworne by , but the deity . . and seeing men cannot be afraid of the power they beleeve not , and an oath is to no purpose , without fear of him they swear by , it is necessary that he that sweareth , doe it in that forme which himself admitteth in his owne religion , and not in that forme which he useth , that putteth him to the oath . for though all men may know by nature , that there is an almighty power , neverthelesse they beleeve not , that they sweare by him in any other form or name , then what their own ( which they think the true ) religion teacheth them . . and by the definition of an oath , it appeareth , that it addeth not a greater obligation to perform the covenant sworne , then the covenant carryeth in it self , but it putteth a man into greater danger , and of greater punishment . covenants and oaths are de voluntariis , that is , de possibilibus . nor can the covenantee understand the covenantor to promise impossibles ; for they fall not under deliberation : and consequently ( by chap. . sect. . which maketh the covenanter interpreter ) no covenant is understood to bind further , then to our best endervour , either in performance of the thing promised , or in something equivalent . chap. iii. . that men stand to their covenants . . injury defined . . that iniury is done onely to the covenantee . . the signification of those names , just , uniust . . justice not rightly divided into commutative , and distributive . . it is a law of nature , that he that is trusted , turn not that trust to the damage of him that trusteth . . ingratitude defined . . it is a law of nature , to endeavour to accommodate one another . . and that man forgive upon caution for the future . . and that revenge ought to respect the future onely . . that reproach and contempt declared , is against the law of nature . . that indifference of commerce is of the law of nature . . that messengers imployed to procure or maintaine peace , ought to be safe by the law of nature . it is a common saying , that nature maketh nothing in vain . and it is most certaine , that as the truth of a conclusion , is no more but the truth of the premises that make it , so the force of the command , or law of nature , is no more then the force of the reasons inducing thereunto . therefore the law of nature mentioned in the former chapter , sect. . namely , that every man should devest himself of the right , &c. were utterly vaine , and of none effect , if this also were not a law of the same nature , that every man is obliged to stand to , and perform , those covenants he maketh . for what benefit is it to a man that any thing be promised , or given unto him , if he that giveth , or promiseth , performeth not , or retaineth still the right of taking back what he hath given ? . the breach or violation of covenant , is that which men call iniury , consisting in some action or omission , which is therefore called uniust . for it is action or omission without jus , or right , which was transferred or relinquish before . there is a great similitude between that we call iniury , or iniustice in the actions and conversations of men in the world , and that which is called absurd in the arguments and disputations of the schools . for as he which is driven to contradict an assertion by him before maintained , is sayd to be reduced to an absurdity ; so he that through passion doth , or omitteth that which before by covenant he promised to doe , or not to omit , is sayd to commit injustice : and there is in every breach of covenant a contradiction properly so called . for he that covenanteth , willeth to do , or omit , in the time to come . and he that doth any action , willeth it in that present , which is part of the future time contained in the covenant . and therefore he that violateth a covenant , willeth the doing and the not doing of the same thing , at the same time , which is a plaine contradiction . and so iniury is an absurdity of conversation , as absurdity is a kind of iniustice in disputation . . in all violation of covenant ( to whom soever accrueth the damage ) the iniury is done onely to him to whom the covenant was made . for example , if a man covenant to obey his master , and the master command him to give money to a third , which he promiseth to doe , and doth not , though this be to the damage of the third , yet the iniury is done to the master onely . for he could violate no covenant with him with whom none was made , and therefore doth him no iniury . for iniury consisteth in violation of covenant , by the definition thereof . . the name of just , uniust , justice , iniustice ; are equivocall , and signifie diversly . for justice and iniustice , when they be attributed to actions , signifie the same thing with no iniury , and iniury , and denominate the action just , or uniust , but not the man so . for they denominate him guilty or not guilty . but when justice or iniustice , are attributed to men , they signifie pronenesse , and affection , and inclination of nature , that is to say , passions of the minde , apt to produce just and uniust actions . so that when a man is sayd to be just , or uniust ; not the action , but the passion and aptitude , to do such actions , is considered . and therefore a just man may have committed an uniust act ; and an uniust man may have done iustly , not only one , but most of his actions . for there ts an oderunt peccare in the uniust as well as in the just , but from different causes . for the uniust man who abstaineth from iniuries for fear of punishment , declareth plainly , that the justice of his actions dependeth upon civill constitution , from whence punishments proceed , which would otherwise in the estate of nature be uniust , according to the fountaine from whence they spring . this distinction therefore of justice and iniustice , ought to be remembred , that when iniustice is taken for guilty , the action is uniust , but not therefore the man ; and when justice is taken for guiltlesness , the actions are iust , and yet not alwayes the man . likewise when justice and iniustice are taken for habits of the mind , the man may be iust , or uniust , and yet not all his actions so . . concerning the justice of actions , the same is usually divided into two kinds , wherof men call the one commutative , and the other distributive ; and are sayd to consist , the one in proportion arithmetical , the other in geometrical : and commutative justice , they place in permutation , as buying , seling , and barter ; distributive , in giving to every man according to their deserts . which distinction is not well made , in as much as iniury , which is the iniustice of action , consisteth not in the inequality of the things changed , or distributed , but in the inequality that men ( contrary to nature and reason ) assume unto themselves above their fellowes . of which inequality , shall be spoken hereafter . and for commutative justice placed in buying and selling , though the thing bought be unequall to the price given for it ; yet for as much as both the buyer and the seller are made judges of 〈◊〉 value , and are thereby both satisfied , there can be no iniury done on either side , neither party having trusted , or covenanted with the other . and for distributive justice , which consisteth in the distribution of our own benefits , seeing a thing is therfore said to be our own , because we may dispose of it at our own pleasure , it can be no iniury to any man , though our liberality be farther extended towards another , then towards him ; unlesse we be thereto obliged by covenant : and then the iniustice consisteth in the violation of that covenant , and not in the inequality of distribution . . it happeneth many times , that man benefitteth , or contributeth to the power of another , without any covenant , but onely upon confidence and trust of obtaining the grace and favor of that other , whereby he may procure a greater , or no lesse benefit and assistance to himselfe . for by necessity of nature , every man doth in all his voluntary actions intend some good unto himself . in this case it is a law of nature , that no man suffer him , that thus trusteth to his charity , or good affection towards him , to be in the worse estate for his trusting . for if he shall so do , men will not dare to confer mutually to each others defence , nor put themselves into each others mercy , upon any tearmes whatsoever , but rather abide the utmost and worst even of hostility , by which general diffidence , men will not only be inforced to warr , but also afraid to come so much within the danger of one another , as to make any overture of peace . but this is te be understood of those onely , that confer their benefits ( as i have sayd ) upon trust onely , and not for tryumph or ostentation . for as when they do it upon trust , the end they aimed at , namely to be well used , is the reward ; so also when they do it for ostentation , they have the reward in themselves . . but seeing in this case there passeth no covenant , the breach of this law of nature is not to be called iniury . it hath another name , to wit , ingratitude . . it is also a law of nature . that every man do help and endeavor to accommodate each other as far as may be , without danger of their persons , and losse of their means , to maintaine and defend themselves . for seeing the causes of warr and desolation proceed from those passions , by which we strive to accommodate our selves , and to leave others as far as we can behind us , it followeth , that tha● passion by which we strive mutually to accommadate each ather , must be the cause of peace . and this passion is that charity defined , chap. . sect. . . and in this precept of nature , is included and comprehended also this , that man forgive and pardon him that hath done him wrong , upon his repentance and caution for the future . for pardon , is peace granted to him that ( having provoked to war ) demandeth it . it is not therefore charity , but feare , when a man giveth peace to him that repenteth not , nor giveth caution for maintaining thereof in the time to come . for he that repenteth not , remaineth with the affection of an enemy ; as also doth he that refuseth to give caution , and consequently , is presumed not to seek after peace , but advantage . and therefore to forgive him is not commanded in this law of nature , nor is charity , but may sometime be prudence . otherwise , not to pardon upon repentance and caution , considering men cannot abstain from provoking one another , is never to give peace . and that is against the generall definition of the law of nature . . and seeing the law of nature commandeth pardon , when there is repentance and caution for the future , it followeth , that the same law ordaineth , that no revenge be taken upon the consideration only of the offence past , but of the benefit to come , that is to say , that all revenge ought to tend to amendment , either of the person offending , or of others , by the example of his punishment ; which is sufficiently apparent , in that the law of nature commandeth pardon , where the future time is secured . the same is also apparent by this , that revenge when it considereth the offence past , is nothing else , but present triumph and glory , and directeth to no end : and what is directed to no end , is therefore unprofitable ; and consequently the triumph of revenge , is vain-glory : and whatsoever is vain , is against reason ; and to hurt one another without reason , is contrary to that , which by supposition is every mans benefit , namely peace , and what is contrary to peace , is contrary to the law of nature . . and because all signs which we shew to one another of hatred and contempt , provoke in the highest degree to quarrell and battel , ( in as much as life it self , with the condition of enduring scorn , is not esteemed worth the enjoying , much lesse peace ) it must necessarily be implyed as a law of nature , that no man reproach , revile , deride , or any otherwise declare his hatred , contempt , or disesteem of any other . but this law is very little practised . for what is more ordinary then reproaches of those that are rich , towards them that are not ? or of those that sit in place of judicature , towards those that are accused at the bar ? although to greive them in that manner , be no part of the punishment for their crime , nor contained in their office . but use hath prevailed , that what was lawful in the lord towards the servant whom he maintaineth , is also practised a● lawful in the more mighty towards the lesse though they contribute nothing towards their maintenance . . it is also a law of nature , that one man allow commerce and traffick indifferently to one another . for he that alloweth that to one man , which he denyeth to another , declareth his hatred to him , to whom he denyeth . and to declare hatred , is warr . and upon this title was grounded , the great war between the athenians , and the peloponnesians . for would the athenians have condescended to suffer the megareans , their neighbours , to traffick in their ports , and markets , that war had not begun . . and this also is a law of nature , that all messengers of peace , and such as are imployed to procure and maintaine amity between man and man , may safely come and goe . for seeing peace is the general law of nature , the meanes thereto ( such as are these men ) must in the same law be comprehended . chap. iv. . a law of nature , that every man acknowledge other for his equal . . another , that men allow aequalia aequalibus . . another , that those things which cannot be divided , be used in common . . another , that things indivisible and incommunicable , be divided by lot . . natural lot , primogeniture , and first possession . . that men submit to arbitration . . of an arbitrator . . that no man presse his counsel upon any man against his will . . how to know suddenly what is the law of nature . . that the law of nature taketh place after security from others to observe the same . . the right of nature not to be taken away by custome , nor the law of nature abrogated by any act. . why the dictates of nature are called lawes . . whatsoever is against conscience in a man that is his owne judge , is against the law of nature . . of malum poenae , malum culpae ; virtue and vice . . aptitude to society , fulfilleth the law of nature . the question which is the better man , is determinable onely in the estate o● government and policy , though it be mistaken for a question of nature , not onely by ignorant men , that thinke one man blood better then anothers by nature , but also by him , whose opinions are at this day and in these parts , of greater authority then any other humane writings . for he puttet so much difference between the powers 〈◊〉 men by nature , that he doubteth not to s● down as the ground of all his politick , that some men are by nature worthy to govern and others by nature ought to serve which foundation hath not only weakne● the whole frame of his politicks , but hath also given men colour and pretences , whereby to disturb and hinder the peace of one another . for though there were such a difference of nature , that master and servant were not by consent of men , but by inherent virtue , yet who hath that eminency of virtue above others and who is so stupid , as not to govern himself , shall never be agreed upon amongst men , who do every one naturally think himself , as able , at the least to govern another , as another to govern him . and when there was any contention between the finer and the courser wits , ( as there hath been often in times of sedition and civill war ) for the most part , these latter carried away the victory ; and as long as men arrogate to themselves more honour then they give to others , it cannot be imagined , how they can possibly live in peace : and consequently we are to suppose , that for peace sake , nature hath ordained this law , that every man acknowledg other for his equall . and the breach of this law , is that we call pride . . as it was necessary that a man should not retain his right to every thing , so also was it , that he should retain his right to some things ; to his own body ( for example ) the right of defending , whereof he could not transfer ; to the use of fire , water , free aire , and place to live in , and to all things necessary for life . nor doth the law of nature command any devesting of other rights , then of those only which cannot be retained without the losse of peace . seeing then many rights are retained , when we enter into peace one with another , reason and the law of nature dictateth , whatsoever right any man requireth to retain , he allow every other man to retain the same . for he that doth not so , alloweth not the equality mentioned in the former section . for there is no acknowledgement of worth , without attribution of the equality of benefit and respect . and this allowance of aequalia aequalibus , is the same thing with the allowing of proportionalia proportionalibus . for when a man alloweth to every man a like , the allowance he maketh , will be in the same proportion , in which are the numbers of men to whom they are made . and this is it men mean by distributive justice , and is properly termed equity . the breach of this law is that which the greeks call {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is commonly rendred coveteousness , but seemeth to be more precisely expressed by the word incroaching . . if there passe no other covenant , the law of nature is , that such things as cannot be divided , be used in common , proportionably to the numbers of them that are to use the same , or without limitation , when the quantity thereof sufficeth . for first supposing the thing to be used in common , not sufficient for them , that are to use it without limitation , if a few shall make more use thereof then the rest , that equality is not observed , which is required in the second section . and this is to be understood , as all the rest of the laws of nature , without any other covenant antecedent : for a man may have given away his right of common , and so the case be altered . . in those things which neither can be divided , nor used in common , the rule of nature must needs be one of these , lot , or alternate use : for besides these two wayes , there can no other equality be imagined ; and for alternate use , he that beginneth , hath the advantage ; and to reduce that advantage to equality , there is no other way but lot . in things therefore indivisible and incommunicable , it is the law of nature , that the use be alternate , or the advantage given away by lot ; because there is no other way of equality . and equality is the law of nature . . there be two sorts of lots ; one arbitrary , made by men , and commonly knowne by the names of lot , chance , hazard , and the like ; and there is natural lot , such as is primogeniture , which is no more but the chance , or lot , of being first born , which it seemeth they considered , that call inheritance by the name of kleronomia , which signifieth distribution by lot . secondly , prima occupatio , first feizing , or finding of a thing whereof no man made use before , which for the most part also is meerly chance . . although men agree upon these laws of nature , and endeavour to observe the same ; yet considering the passions of men , that make it difficult to understand by what actions , and circumstances of actions , those laws are broken , there must needs arise many great controversies about the interpretation thereof , by which the peace must need● be dissolved , and men return again to their former estate of hostility . for the taking away of which controversies , it is necessary that there be some common arbitrator and judge , to whose sentence , both the parties to the controversies ought to stand . and therefore it is a law of nature , that in every controversie , the parties thereto ought mutual●● to agree upon an arb●trator , whom they bot● trust , and mutually to covenant to stand to the sentence he shall give ther●in . for where every man is his own judge , there properly is no judg at all ; as wh●re every man ca●veth out his own right , it hath the same effect , as if there were no right at all : and where is no judge , there is no end of controversie ▪ and therefore the right of hostility remaineth . . an arbitrator therefore , or he that is judge , is trusted by the parties to any controversie , to determine the same by the declaration of his own judgement therein . out of which followeth first , that the judge ought not to be concerned in the controversie he endeth ; for in that case he is a party , and ought by the same reason to bee judged by another . secondly , that he maketh no covenant with either of the parties , to pronounce sentence for the one , more then for the other . nor doth he covenant so much , as that his sentence shall be just ; for that were to make the parties judges of the sentence , whereby the controversie would remaine still undecided . neverthelesse for the trust reposed in him , and for the equality which the law of nature requireth him to consider in the parties , he violateth that law , if for favour , or hatred to either party , he give other sentence then he thinketh right . and thirdly , that no man ought to make himself judge in any controversie between others , unlesse they consent and agree thereto . . it is also the law of nature , that no man obtrude or presse his advice or counsell to any man , that declareth himselfe unwil●ing to heare the same . for seeing a man taketh counsel concerning what is good or hurt of himself onely , and not of his counsellor , and that counsel is a voluntary action , and therefore tendeth also to the good of the counsellor , there may be often iust cause to suspect the counsellor : and though there be none , yet seeing counsell unwillingly heard , is a needlesse offence to him that is not willing to hear it , and offences tend all to the breach of peace , it is therefore against the law of nature to obtrude it . . a man that shall see these lawes of nature set down and inferred with so many words , and so much adoe , may think there is yet much more difficulty and subtilty required to acknowledge and do according to the said laws in every sudden occasion , when a man hath but a little time to consider . and while we consider man in most passions , as of anger , ambition , coveteousness , vain-glory , and the like , that tend to the excluding of natural equality , it is true . but without these passions , there an easie rule to know upon a sudden , whether the action i be to do , be against the law of nature , or not . and it is but this ; that a man imagine himself in the place of the party with whom he hath to do , and reciprocally him in his . which is no more but a changing ( as it were ) of the scales . for every mans passion weigheth heavy in his owne scale , but in the scale of his neighbour . and this rule is very well knowne and expressed in this old dictate , quod tibi fieri non vis , alteri ne feceris . . these lawes of nature , the sum whereof consisteth , in forbidding us to be our own judges , and our own carvers , and in commanding us to accommodate one another ; in case they should be observed by some , and not by others , would make the observers but a prey to them that should neglect them , leaving the good both without defence against the wicked , and also with a charge to assist them : which is against the scope of the said lawes , that are made only for the protection , and defence of them that keepe them . reason therefore , and the law of nature over and above all these particular lawes , doth dictate this law in general , that those particular lawes be so far observed , as they subi●ct us not to any incommodity , that in ou● owne judgments may arise , by the neglect thereof in those towards whem we observe them ; and consequently requireth no more , but the desire and constant intention to endeavour , and be ready to observe them , unlesse there be cause to the contrary in other mens refusall to observe them towards us . the force therefore of the law of nature , is not in foro externo , till there be security for men to obey it , but is alwaies in foro interno , wherein the action of obedience being unsafe , the will and readiness to performe , is taken for the performance . . amongst the lawes of nature , customes and prescriptions are not numbred . for whatsoever action is against reason , though it be reiterated never so often , or that there be never so many precedents thereof , is still against reason , and therefore not a law of nature , but contrary to it . but consent and covenant may so alter the cases , which in the law of nature may be put by changing the circumstances , that that which was reason before , may afterwards be against it ; and yet is reason still the law . for though every man be bound to allow equally to another , yet if that other shall see cause to renounce the same , & make himself inferior , then , if from thenceforth he consider him as inferior , he breaketh not thereby that law of nature , that commandeth to allow● equallity . in sum , a mans owne cons●nt may abridge him of the liberty which the law of nature leaveth him , but custome not ; nor can either of them abrogate either these , or any other law of nature . . and forasmuch as law ( to speake properly ) is a command , and these dictates as they proceed from nature , are not commands , they are not therefore called laws , in respect of nature , but in respect of the author of nature , god almighty . . and seeing the laws of nature concern the conscience , not he only breaketh them that doth any action contrary , but also he whose action is conformable to them , in case he think it contrary . for though the action chance to be right , yet in his judgment he despiseth the law . . every man by naturall passion , calleth that good which pleaseth him for the present , or so far forth as he can foresee ; and in like manner , that which displeaseth him , evil . and therefore he that foreseeth the whole way to his proservation , ( which is the end that every one by nature aymeth at , ) must also call it good , and the contrary evil . and this is that good and evil , which not every man in passion calleth so , but all men by reason . and therefore the fulfilling of all these laws is good in reason , and the breaking of them evill . and so also the habit , or disposition , or intention to fulfill them good ; and the neglect of them evill . and from hence cometh that distinction of malum poen● , and malum culpae , ; for malum p●n● is any pain or molestation of the mind whatsoever ; but malum culpae is that action which is contrary to reason , and the law of nature : as also the habit of doing according to these and other laws of nature , that tend to our preservation , is that wee call virtue , and the habit of doing the contrary , vice . as for example , justice is that habit by which we stand to covenants , iniustice the contrary vice ; equity that habit by which we allow equality of nature , arrogancy the contrary vice ; gratitude the habit whereby we requite the benefit and trust of others , ingratitude the contrary vice ; temperance the habit , by which wee abstain from all things that tend to our destruction , intemperance the contrary vice ; prudence the same with virtue in general . as for the common opin●on , that virtue consisteth in mediocrity and vice in extreames , i see no ground for it , nor can find any such mediocrity . courage may be virtue , when the daring is extream , if the cause be good ; and extream fear no vice , when the danger is extream . to give a man more then his due , is no iniustice , though it be to give him less : and in gifts , it is not the sum that maketh liberality , but the reason . and so in all other virtues and vices . i know that this doctrine of mediocrity is aristole's , but ●is opinions concerning virtue and vice , are no other then those which were received then , and are still by the generality of men , unstudyed , and therefore not very likely to be accurate . . the sum of virtue is to be sociable with them that will be soc●able , and formidable to them that will not . and the same is the sum of the law of nature : for in being sociable , the law of nature taketh place by the way of peace and societie ; and to be formidable , is the law of nature in war , where to be feared is a protection a man hath from his own power : and as the ●ormer consisteth in actions of equity and justice , the latter consisteth in actions of honour . and equity , justice , and honour , contain all virtues whatsoever . chap. v. a confirmation out of holy scripture of the principall points mentioned in the two last chapters concerning the law of nature . the lawes mentioned in the former chapters , as they are called the lawes of nature , for that they are the dictates of naturall reason , and also morall lawes , because they concern the manners and conversation , one towards another , so are they also divine lawes in respect of the author thereof , god almighty ; and ought therefore to agree , or at least not to be repugnant to the word of god , revealed in holy scripture . in this chapter therefore , i shall produce such places of scripture , as appear to be most consonant to the said lawes . . and first , the word of god seemeth to place the divine law in reason , by all such texts as ascribe the same to the heart and understanding ; as psal. . . thy law is in my heart : heb. . . after those dayes saith the lord , i will put my lawes in their mind . and heb. . . the same psal. . . speaking of the righteous man he saith , the law of god in his heart , psal. . , . the law of god is perfect , converting the soul . it giveth wisdome to the simple , and light unto the eyes . jer. . . i will put my law in their inward parts , and write it in their hearts . and joh. . the law-giver himself , god almighty , is called by the name of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is also called , ver. . the light of men . and vers. . the light which lighteth every man which cometh in●o the world . all which are descriptions of naturall reason . . and that the law divine , for so much as is morall , are those precepts which tend to peace , seemeth to be much confirmed by such places of scripture , as these , rom . . righteousnesse ( which is the fufilling of the law ) is called , the way of peace . and psa. . . righteousness and peace shall kiss each other . and matth. . . blessed are the peacemakers . and heb. . . melchisedeck king of salem , is interpreted king of righteousness , and king of peace . and ver. . our saviour christ is said to be , a preist for ever after the order of m●lchisedeck : out of which may be inferred , that the doctrine of our saviour christ annexeth the fulfilling of the law to peace . . that the law of nature is unalterable , is intimated by this , that the preisthood of melchisedeck is everlasting ; and by the words of our saviour , matth. . . heaven and earth , shall passe away , but one jot , or tittle of the law shall not passe till all things be fulfilled . . that men ought to stand to their covenants , is taught , psal. . where the question being asked , vers. . lord , who shall dwell in thy tavernacle , &c. it is answered , vers. . he that sweareth to h●s own hinderance , and yet changeth not . and that men ought to be gratified , where no covenant passeth , deut. . . thou shalt not muzzle the ox that treadeth out the corn , which s. paul , cor. . . interpreteth not of oxen but of men . . that men content themselves with equality , as it is the foundation of natural law , so also is it of the second table , of the divine law , matth. . . thou shalt love thy neighbour as thy self . on these two laws depend the whole law and the prophets ; which is not so to be understood , as that a man should study so much his neighbours profit as his own , or that he should divide his goods amongst his neighbours ; but that he should esteem his neighbour worthy all rights and priviledges that himself enjoyeth ; and attribute unto him , whatsoever he looketh should be attributed unto himself : which is no more , but that he should be humble , meck , and content with equality . . and that in distributing of right amongst equalls , that distribution is to be made according to the proportions of the numbers , which is the giving of aequalia aequalibus , & proportionalia proportionalibus ; we have , numb. . . . the commandement of god to moses ; thou shalt divide the land according to the number of names ; to many thou shalt give more , to few thou shall give lesse , to every one according to his number . that decision by lot is a means of peace . prov. . . the lot causeth contention to cease , and maketh partition among the mighty . . that the accommodation and forgiveness of one another , which have before been put for lawes of nature , are also law divine , there is no question . for they are the essence of charity , which is the scope of the whole law , that we ought not to repr●ach , or reprehend one another , is the doctrine of our saviour , matth. . . judge not that ye be not judged . vers. . why seest thou the mote that is in thy brothers eye , and seest not the beam that is in thine own eye ? also the law that forbiddeth us to press our councell upon others further then they admit , is a divine law . for after our charity and desire to rectifie one another is rejected , to presse it farther , is to reprehend him , and condemn him , which is forbidden in the text last recited ; as also rom. . . every one of us shall give account of himself to god . let us not therefore judge one another any more , but use your judgment rather in this , that no man put an occasion to fall , or a stumbling block before his brother . . farther , the rule of men concerning the law of nature , quod tibi fieri non vis , alteri ne feceris , is confirmed by the like , matth. . . whatsoever therefore you would have men do unto you , that do you unto them : for this is the law and the prophets . and rom. . . in that thou judgest another , thou condemnest thy self , &c. . it is also manifest by the scriptures , that these laws concern only the tribunall of our conscience ; and that the actions contrary to them , shall be no farther punished by god almighty , then as they proceed from negligence , or contempt . and first that these lawes are made to the conscience , appeareth , matth. . . for i say unto you , except your righteousnesse exceed the righteousnesse of the scribes and pharisees , ye shall not enter into the kingdome of heaven . now the pharisees were the most exact among the jews in the external performance ; they therefore must want the sincerity of conscience ; else could not our saviour have required a greater righteousnesse then theirs . for the same reason our saviour christ saith , the publican departed from the temple iustified rather then the pharisee . and christ saith , his yoke is easie , & his burthen light , which proceedeth from this , that christ required no more then our best endeavour . and rom. . . he that doubteth is condemned , if he eat . and in innumerable places both in the old and new testament , god almighty declareth , that he taketh the will for the deed , both in good and evill actions . by all which it plainly appears , that the divine law is dictated to the conscience one the other side is no less plain ; that how many and hainous actions soever a man commit through infirmity , he shall nevertheless , whensoever he shall condemn the same in his own conscience , be freed from the punishments that to such actions otherwise belong . for at what time soever a sinner doth repent him of his sinns from the bottome of his heart , i will put all his iniquties out of my remembrance , saith the lord . . concerning revenge which by the law of nature ought not to aym ( as i have sayd , chap. . sect . ) at present delight , but future profit , there is some difficulty mad● , as if the same accorded not with the law divine , by such as obiect the continuance of punishment after the day of judgement , when there shall be no place , neither for amendment nor for example . this obiection had been of some force , if such punishment had been ordained after all sinnes were past ; but considering the punishment was instituted before sinne , it serveth to the benefit of mankinde , because it keepeth men in peaceable and virtuous conversation by the terrour . and therefore such revenge was directed to the future only . . finally , there is no law of natural reason that can be against the law divine : for god almighty hath given reason to a man to be a light unto him . and i hope it is no impiety to think , that god almighty will require a strict account thereof , at the day of judgment , as of the instructions which we were to follow in our peregrination here , notwithstanding the opposition and affronts of supernaturalists now adayes , to rationall and morall conversation . chap. vi . . that men notwithstanding these lawes , are still in the state of war , till they have security one against another . . the law of nature in war , is nothing but honour . . no security without the concord of many . . that concord of many cannot be maintained without power to keep them all in awe . . the cause why concord remaineth in a multitude of some irrationall creatures , and not of men . . that vnion is necessary for the maintaining of concord . how union is made . . body politick defined . . corporation defined . . soveraign subiect defined . . two sorsts of bodies politick , patrimonia , and common wealth . in chap. . sect. . of the treatise of human nature , it hath been shewed that the opinions men have of the rewards and punishments which are to follow their actions , are the causes that make and govern the will to those actions . in this estate of man therefore , wherein all men are equal , and every man allowed to be his own judge , the fears they have one of another are equal , and every mans hopes consist in his own sleight and strength : & consequently when any man by his natural passion , is provoked to break these lawes of nature , there is no security in any other man of his own defence but anticipation . and for this cause , every mans right ( howsoever he be inclined to peace ) of doing whatsoever seemeth good in his own eyes , remaineth with him still , as the necessary means of his perservation . and therefore till there be security amongst men for the keeping of the law of nature one towards another , men are still in the estate of war , and nothing is unlawfull to any man that tendeth to his own safety or commodity : and this safety and commodity consisteth in the mutuall ayd and help of one another , whereby also followeth the mutuall fear of one another . . it is a proverbiall saying , inter arma silent leges . there is little therefore to be said concerning the lawes that men are to observe one towards another in time of war , wherein every mans being and w●ll-being is the rule of his actions . yet thus much the law of nature commandeth in war , that men satiate not the cruelty of their present passions , whereby in their own conscience they foresee no benefit to come . for that betrayeth not a necessity , but a disposition of the mind to war , which is against the law of nature . and in old time we read , that rapine was a trade o● life , wherein nevertheless many of them ●hat used it , did not only spare the lives of those they invaded , but left them also such things , as were necessary to preserve that life which they had given them ; as namely , their oxen and instruments for tillage , though they carried away all their other cattel and substance . and as the rapine it self was warranted in the law of nature , by the want of security otherwise to maintain themselves , so the exercise of cruelty was forbidden by the same law of nature , unless fear suggested any thing to the contrary . for nothing but fear can just●fie the taking away of anothers life . and because fear can hardly be made manifest , but by some action dishonorable , that bewrayeth the conscience of ones own weakness , all men , in whom the passion of courage or magnanimity hath been predominant , have abstained f●om cruelty , insomuch , that though there be in war no law , the breach wherof is iniury , yet there are in war those lawes the breach whereof is dishonour . in one word therefore , the only law of actions in war , is honour , and the right of war , providence . . and seeing natural ayd is necessary for defence , as mutual fear is necessary for peace , wee are to consider how great ayds are required for such defence , and for the causing of such mutual fear , as men may not easily adventure on one another . and first it is evident , that the mutual ayd of two or three men is of very little security . for the odds on the other side , of a man or two , giveth sufficient encouragement to an assault . and therfore before men have sufficient security in the help of one another , their number must be so great , that the odds of a few which the enemie may have , be no certaine and sensible advantage . . and supposing how great a number soever of men assembled together for their mutual defence , yet shall not the effect follow , unless they all direct their actions to one and the same end ; which direction to one and the same end is that , which chap. . sect. . is called consent . this consent ( or concord ) amongst so many men , thoug● it may be made by the fear of a present invader , or by the hope of a present conquest , or bootie , and endure as long as that action endureth , nevertheless , by the diversity of judgements and passions in so many men contending naturally ●or honour and advantage one above another ; it is impossible , not only that their consent to ayd each other against an enemie , but also that the peace should last between themselves , with out some mutual and common fear to rule them . . but contrary hereunto may be obiected , the experience we have of certain living creatures irrational , that nevertheless continually live in such good order and government for their common benefit , and are so free from sedition & war amongst themselves , that for peace , profit , and defence , nothing more can be imaginable . and the experience we have in this , is in that little creature the bee , which is therefore reckoned amongst animalia politica . why therefore may not men that foresee the benefit of concord , continually maintain the same without compulsion , as well as they ? to which i answer , that amongst other living creatures , there is no question of precedence in their owne species , nor strife about honour , or acknowledgement of one anothers wisdome , as there is amongst men , from whence arise envie and hatred of one towards another , and from thence sedition and war . secondly , those living creatures aim every one at peace , and food common the will of man being voluntary , but the beginning of voluntary actions , is not subject to deliberation and covenant , yet when a man covenanteth to subject his will to the command of another , he obligeth himself to this , that he resigne his strength and meanes to him , whom he covenanteth to obey . and hereby he that is to command , may by the use of all their means & strength , be able by the terrour thereof , to frame the will of them all to unity and concord , amongst themselves . . this union so made , is that which men call now adayes , a body politick , or civil society and the greeks call it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is to say , a city , which may be defined to be a multitude of men , united as one person , by a common power , for their common peace , defence and benefit . and as this union into a city or body politick , is instituted with common power over all ther particular persons , or members thereof , to the common good of them all , so also may there be amongst a multitude of those members instituted , a subordinate union of certain men , for certain common actions to be don by those men for some commo● benefit of theirs , or of the whole city ; a● for subordinate government , for counsell for trade , and the like . and these subordinate bodies politick are usually calle●corporations ; and their power such over the particulars of their own society , as the whole city whereof they are members have allowed them . . in all cities , or bodies politick not subordinate , but independent , that one man , or one councell , to whom the particular members have given that common power , is called their soveraign , and his power the soveraign power ; which consisteth in the power and the strength , that every of the members have transferred to him from themselves by covenant and because it is impossible for any man really to transfer his own strength to another , or for that other to receive it , it is to be understood , that to transfer a mans power and strength , is no more , but to lay by or relinquish his own right of resisting him to whom he so transferreth it . and every member of the body politick , is called a subiect , to wit , to the soveraign . . the cause in generall , which moveth a man to become subiect to another , is ( as i have sayd already ) the fear of not otherwise preserving himself . and a man may subiect himself to him that invadeth , or may invade him , for fear of him ; or men may joyne amongst themselves , to subject themselvs to such as they shall agree upon for fear of others , and when many men subject themselves the former way , there ariseth thence a body politick , as it were naturally . from whence proceedeth dominion , paternal , and despotique . and when they subiect themselves the other way , by mutual agreement amongst many , the body politick they make , is for the most part called a common wealth in distinction from the former , though the name be the generall name for them both . and i shall speak in the first place of common wealths , and afterward of bodies politick , patrimoniall , and despotical . the second part . chap. i. . introduction . . a multitude before their union , &c. . expresse consent of every particular , &c. . democratical , aristocraticall , monarchiall union , may be instituted for ever , or , &c. . without security no private right relinquished . . covenants of government without power of coertion are no security . . power coercive , &c. . the sword of war , &c. . decision in all debates &c. annexed to the sword . . laws civil , &c. . appointment of magestrates , &c. . soveraign power includeth impunity . . a supposed common weal●h , where lawes are made first , and the common-wealth after . . the same refelled . . mixt formes of government sup●osed in soveraignty . . that refelled . . mixt government , &c. . reason and experience to prove absolute soveraignty some where in all common wealths . . some principal , &c. marks of soveraignty . in that treatise of humane nature which was formerly printed , hath been wholly spent in the consideration of the naturall power , and the natural estate of man , namely , of his cognition and passions in the first eleven chapters , and how from thence proceed his actions ; in the twelfth , how men know one anothers minds : in the last , in what estate mens passions set them . in the first chapter of this treatise , what estate they are directed unto by the dictates of reason , that is to say , what be the principall articles of the law of nature , in the . . . . and lastly , how a multitude of persons naturall , are united by covenants into one person civil , or body politick . in this part therefore shall be considered , the nature of a body politick , and the lawes thereof , otherwise called civill laws . and whereas it hath been sayd in the last chapter , and last section of the former part , that there be two wayes of erecting a body politick ; one by arbitrary institution of many men assembled together which is like a creation out of nothing by humane wit ; the other by compulsion , which is as it were a generation thereof out of natural force ; i shall first speak of such erection of a body politick , as proceedeth from the assembly and consent of a multitude . . having in this place to consider , a multitude of men about to unite themselves into a body politick , for their security , both against one another , and against common enemies , and that by covenants , the knowledge of what covenants they must needs make , dependeth on the knowledge of the persons , and the knowledge of their end . first , for their persons they are many , and ( as yet ) not one ; nor can any action done in a multitude of people met together , be attributed to the multitude , or truly called the action of the multitude , unless every mans hand , and every mans will , ( not so much as one excepted ) have concurred thereto . for multitude , though in their persons they run together , yet they concur not alwaies in their designes . for even at that time when men are in tumult , though they agree a number of them to one mischeife , and a number of them to one another ; yet in the whole , they are amongst themselves in the state of hostility , and not of peace ; like the seditious jews besieged in jerusalem , that could joyn against their enemies , and fight amongst themselves . whensoever therefore any man saith , that a number of men hath done any act , it is to be understood , that every particular man in that number hath consented therunto , and not the greatest part only . secondly , though thus assembled with intention to unite themselves , they are yet in that estate in which every man hath right to every thing , and consequently as hath been sayd , chap. . sect. . in an estate of inioying nothing . and therefore meum & tuum , hath no place amongst them . . the first thing therefore they are to do is expresly , every man to consent to something by which they may come neer to their ends , which can be nothing else imaginable , but this , that they allow the wills of the maior part of their whole number , or the wills of the maior part of some certain number of men by them determined and named ; or lastly , the will of some one man , to involve and be taken for the wllis of every man . and this done they are united , and a body politick . and if the maior part of their whole number be supposed to involve the wills of all the particulars , then the wills of the particulars , then are they said to be a democracie , that is to say , a government wherein the whole number , or so many of them as please , being assembled together , are the soveraign , and every particular man a subject . if the major part of a certain number of men named or distinguished from the rest , be supposed to involve the wills of every one of the particulars , then are they said to be an oligarchy , or aristocracy , which two words signifie the same thing , together with the divers passions of those that use them . for when the men that be in that office please , they are called an aristocracy , or otherwise an oligarchy , where in those the major part of which declare the wills of the whole multitude being assembled , are the soveraign , and every man severally a subiect . lastly , if their consent be such , that the will of one man whom they name , shall stand for the wills of them all , then is their government or union called a mornarchy , and that one man a soveraign , and every of the rest a subiect . . and those several sorts of unions , governments , and subiections , of mans will may be understood to be made , either absolutely , that is so say , for all future time , or for a time limited only . but forasmuch as we speak here of a body politick , instituted for the perpetuall benefit and defence of them that make it ; which therefore men desire should last for ever , i will omit to speak of those that be temporary , and consider of those that be for ever . . the end for which one man giveth up , and relinquisheth to another , or others the right of protecting & defending himself by his own power , is the security which he expecteth thereby , of protection and defence from those to whom he doth so relinquish it ; and a man may then account himself in the estate of security , when he can foresee no violence to be done unto him , from which the doer may not be deterred by the power of that soveraign , to whom they have every one subiected themselves : and without that security , there is no reason for a man to deprive himself of his own advantages , and make himself a prey to others . and therefore when there is not such a soveraign power erected , as may afford this security , it is to be understood that every mans right of doing whatsoever seemeth good in his own eyes , remaineth still with him ; and contrarywise , where any subiect hath right by his own judgment and discretion , to make use of his force , it is to be understood that every man hath the like , and consequently that there is no common wealth at all established . how far therefore in the making of a common wealth , man subiecteth his will to the power of others , must appear from the end , namely , security . for whatsoever is necessary to be by covenant transferred for the attaining thereof , so much is transferred , or else every man is in his naturall liberty to secure himself . . covenants agreed upon by every man assembled for the making of a common wealth ; and put in writing without erecting of a power of coercion , are no reasonable security for any of them that so covenant , nor are to be called laws , and leave men still in the estate of nature and hostility . for seeing the wills of most men are governed only by fear , and where there is no power of coercion , there is no fear , the wills of most men will follow their passions of covetousness , lust , anger , and the like , to the breaking of those covenants , whereby the rest also , who otherwise would keep them , are set at liberty , and have no law , but from themselves . . this power of coercion as hath been sayd , chap. . sect. . of the former part consisteth in the transferring of every mans right of resistance against him , to whom he hath transferred the power of coercion . it followeth therefore , that no man in any common wealth whatsoever hath right to resist him , or them , on whom they have transferred this power coercive , or ( as men use to call it the sword of justice , supposing the not resistance possible . for part . chap. . sect. . covenants bind but to the utmost of our endeavour . . and forasmuch as they who are amongst themselves in security , by the means of this sword of justice , that keep them all in awe , are nevertheless in danger of enemies from without , if there be not some means found , to unite their strength● and natural forces , in the resistance of such enemies , their peace amongst themselves is but in vain . and therefore it is to be understood as a covenant of every member , to contribute their several forces fore the defence of the whole , whereby to make one power as sufficie●t , as is possible for their defence . now seeing that every man hath already transferred the use of his strength to him , or them , that have the sword of justice , it followeth , that the power of defence , that is to say , the sword of war , be in the same hands , wherein is the sword of justice ; and cons●quently those two swords are but one , and that inseperably and essentially annexed to the soveraign power . . moreover , seeing to have the right of the sword , is nothing else but to have the use thereof depending onely on the judgement and discretion of him or them that have it , it followeth , that the power of indenture in all controversies , wherein the sword of justice is to be used ; and in all deliberations concerning war , ( wherein the use of that sword is required ) the right of resolving and determining what is to be done , belong to the same soveraign . . farther , considering it is no less , but much more necessary to prevent violence & rapine , then to punish the same when it is committed , & all violence proceedeth from controversies that arise between men concerning meum & tuum , right and wrong , good and bad , and the like which men use every one to measure by their own judgements , it belongeth also to the judgment of the same soveraign power , to set forth and make known the common measure by which every man is to know what is his , and what anothers ; what is good and what bad , and what he ought to do and what not , and to command the same to be observed . and these measures of the actions of the subiects are those , which men call laws politick , or civil . the making whereof , must of right belong to him that hath the power of the sword , by which men are compelled to observe them ; for otherwise they should be made in vain . . farthermore , seeing it is impossible that any one man that hath such soveraign power , can be able in person , to hear and determine all controversies , to be present at al deliberations concerning common good , and to execute and perform all those common actions that belong thereunto , whereby there will be necessity of magistrates , and ministers of publique affaires ; it is consequent that the appointment , nomination , & limitation of the same be understood , as an inseperable part of the same soveraignty , ●o which the sum of all iudicature , and execution hath been already annexed . . and forasmuch as the right to use the forces of every particular member , is transferred from themselves , to their soveraign , a man will easily fall upon this conclusion of himself , that to soveraign power ( whatsoever it doth ) there belongeth impunity . . the sum of these rights of sov●r●ignty ; namely the absolute use of the sword in peace and war , the making and abrogating of laws , supream , judicature , & decision , in al debate iudiciall and deliberative , the nomination of all magistrates , and ministers , with other rights contained in the same , make the soveraign power no less absolute in the common-wealth , then before common-wealth , every man was absolute in himself , to do , or not to do , what he thought good ; which men that have not had the experience of that miserable estate , to which men are reduced by long war , think so hard a condition , that they can not easily acknowledge such covenants , and subiection on their parts , as are here set down to have been ever necessary to their peace . and therefore some have imagined that a common-wealth may be constituted in such manner as the soveraign power may be so limited , and moderated , as they shall think fit themselves . for example ; they suppose a multitude of men to have agreed upon certain articles , ( which they presently call lawes ) declaring how they will be governed , and that done , to agree farther upon some man , or number of men , to see the same articles performed , and put in execution ; and to enable him , or them thereunto , they allot unto them a provision limited , as of certain lands , taxes , penalties , and the like then , which ( if mispent ) they shall have no more , without a new consent of the same men that allowed the former . and thus they think they have made a common wealth , in which it is unlawfull for any private man to make use of his owne sword for his security ; wherein they deceive themselves . . for first , if to the revenue , it did necessarily follow , that there might be forces raised and procured at the will of him that hath such revenue , yet since the revenue is limited , so must also the forces : b●t limited forces against the power of an enemy , which wee cannot limit , are unsufficient . whensoever therefore there happeneth an invasion greater then those forces are able to resist , and there be no other right to levy more , then is every man by necessity of nature , allowed to make the best provision he can for himself ; and thus is the private sword , and the estate of war again reduced . but seeing revenue , without the right of commanding men , is of no use , neither in peace nor war , it is necessary to be supposed , that he that hath the administration of those articles , which are in the former section supposed , must have also right to make use of the strengths of particular men . and what reason soever giveth him that right over any one , giveth him the same over all . and then is his right absolute . for he that hath right to all their forces , hath right to dispose of the same . again , supposing those limited forces and revenue , either by the necessary , or negligent use of them to fail , and that for a supply the same multitude be again to be assembled , who shall have power to assemble them , that is to compel them to come together ? if he that demandeth the supply , hath that right , to wit , the right to compell them all , then is his soveraignty absolute ; if not , then is every particular man at liberty to come , or not ; to frame a new common wealth , or not , and so the right of the private sword returneth but suppose them willingly , and of their own accord assembled to consider of this supply , if now it be stil in their choice , whether they shall give it , or not , it is also in their choice , whether the common wealth shall stand , or not . and therefore there lieth not upon any of them any civil obligation that may hinder them from using force , in case they think it tend to their defence . this device therefore of them that will make civil laws first , and then a civil body afterwards ( as if policy made a body politick , and not a body politick made policy ) is of no effect . . others , to avoid the hard condition , as they take it , of absolute subiection ( which ( in hatred thereto ) they also call slaverie ) have despised a government , as they think , mixed of three sorts of soveraignty . as for example ; they suppose the power of making laws , given to some great assembly democratical , the power of judicature to some other assembly , and the administration of the laws to a third , or to some one man ; and this policy they call mixt mona●chy , or mixt aristocracy , or mixt democracy , according as any of these three sorts do most visibly predominate . and in this estate of government , they thinke the use of the private sword excluded . . and supposing it were so , how were this condition which they call slavery , eased thereby . for in this estate they would have no man allowed , either to be his own judge , or own carver , or to make any lawes unto himself ; and as long as these three agree they are as absolutely subject to them , as is a child to the father , or a slave to the master , in the state of nature . the ease therefore of this subjection , must consist in the disagreement of those amongst whom they have dist●ibuted the rights of soveraign power . but the same disagreement is war . the division therefore of the soveraignty , either worketh no effect to the taking away of simple subjection , or introduceth war , wherein the private sword hath place againe . but the truth is , as hath been already shewed in , , , , , . precedent sections , the soveraignty is indivisible . and that seeming mixture of severall kinds of government , not mixture of the things themselves , but confusion in our understandings , that cannot find out readily to whom we have subiected our selves . . but though the soveraignty be not mixt , but be alwaies either simple democracy , or simple aristocracy , or pure monarchy , nevertheless in the administration thereof , all those sorts of government may have place subordinate . for suppose the soveraign power be democracy , as it was sometimes in rome , yet at the same time they may have a counsel aristocratical , such as was the senate ; and at the same time they may have a subordinate monarch , such as was their dictator , who had , for a time , the exercise of the whole soveraignty , & such as are all generals in war . so also in monarchy there may be a councel aristocratical of men , chosen by the monarch , or democratical of men chosen by the consent ( the monarch permitting ) of all the particular men of the common wealth . and this mixture is it that imposeth , as if it were the mixture of soveraignty . as if a man should think , because the great councel of venice doth nothing ordinarily but choose magistrats , ministers of state , captains , and governours of towns , ambassadors , councellors , and the like , that therefore their part of the soveraigt , is only chusing of magistrates : & that the making of war , and peace , and laws were not theirs , but the part of such counsellors as they appointed thereto ; wheras it is the part of these to do it but subordinately , the supream authority therof being in the great councel that chuse them . . and as reason teacheth us , that a man considered out of subjection to lawes , and out of all covenants obligatory to others , is free to do and undo , and deliberate as long as he listeth ; every member being obedient to the will of the whole man , that liberty being nothing else but his naturall power , without which he is no better then an inanimate creature , not able to help himself ; so also it teacheth us , that a body politick , of what kind soever , nor subiect to another , nor obliged by covenants , ought to be free , and in all actions to be assisted by the members , every one in their place , or at least not resisted by them . for otherwise , the power of a body politick ( the essence whereof , is the not resistance of the members ) is none , nor a body politick of any benefit . and the same is confirmed by the use of all nations and common-wealths , wherein that man or councel which is virtually the whole , hath any absolute power over every particular member ; or what nation or common-wealth is there , that hath not power and right to constitute a general in their wars ? but the power of a general is absolute ; and consequently there was absolute power in the common wealth , from whom it was derived . for no person , natural or civill , can transfer unto another more power then himself hath . . in every common vvealth , where particular men are deprived of their right to protect themselves there resideth an absolute soveraignty ; as i have already shewed . but in what man , or in what assembly of men the same is placed , is not so manifest , as not to need some marks , whereby it may be discerned . and first , it is an infallible mark of absolute soveraignty in a man or in an assembly of men , if there be no right in any other person , naturall or civil , to punish that man , or to dissolve that assembly . for he that cannot of right be punished , cannot of right be resisted ; and he that cannot of right be resisted , hath coercive power ove● all the rest , and thereby can frame and govern their actions at his pleasure , which is absolute soveraignty . contrariwise , he that in a common-wealth is punishable by any , or that assembly that is dissolvable , is not soveraign . for a greater power is alwaies required to punish and dissolve , then theirs who are punished or dissolved ; and that power cannot be called soveraign , then which there is a greater . secondly , that man or assembly , that by their own right not derived from the present right of any other , may make laws , or abrogate them at his or their pleasure , have the soveraignty absolute . for seeing the laws they make , are supposed to be made by right , the members of the common wealth to whom they are made , are obliged to obey them , and consequently not resist the execution of them , which not resistance , maketh the power absolute of him that ordaineth them . it is likewise a mark of this soveraignty , to have the right originall of appointing magistrates , judges , councellors , and ministers of state . for without that power , no act of soveraignty or government can be performed . lastly , and generally , whosoever by his own authority independent , can do any act , which another of the same common wealth may not , must needs be understood to have the soveraign power . for by nature men have equal right . this inequality therefore must proceed from the power of the common-wealth . he therefore that doth any act lawfully by his owne authorit● , which another may not , doth it by the power of the common-wealth in himself , which is absolute soveraignty . chap. ii. . democracy precedeth all other , &c. . the soveraign people covenanteth not with the subiects . . the soveraign , &c. cannot , &c. do iniury , &c. . the faults of the soveraigne people , &c. democracy , &c. an aristocracy of orators . . aristocracy how made . . the body of the optimates not properly said to iniure the subiects . . the election of the optimates , &c. . an elective king , &c. . a conditional king , &c. . the word people equivocal . . obedience discharged by release . . how such releases are to be understood . . obedience discharged by exile . . by conquest . . by ignorance of the right of succession . having spoken in generall concerning instituted policy in the former chapter , i come in this , to speak of the sorts thereof in special , how every of them is instituted . the first in order of time of these three sorts , is democracy ; and it must be so of necessity , because an aristocracy and a monarchy , require nomination of persons agreed upon , which agreement in a great multitude of men must consist in the consent of the major part ; and where the votes of the maior part involve the votes of the rest , there is actually a democracie . . in the making of a democracie , there passeth no covenant between the soveraign and any subiect . for while the democracy is a making , there is no soveraign with whom to contract . for it cannot be imagined , that the multitude should contract with it seif , or with any one man , or number of men parcell of it self , to make it self soveraign nor that a mulritude considered as one aggregate , can give it self any thing which before it had not . seeing then that soveraignty democraticall is nat conferred by the covenant of any multitude , which supposeth union and soveraignty already made ; it resteth that the same be conferred by the particular covenants of evry several man , that is to say , every man with every man , for and in consideration of the benefit of his own peace and defence , covenanteth to stand to and obey whatsoever the maior part of their whole number , or the maior part of such a number of them , as shall be pleased to assemble at a certain time and place , shall determine and command . and this is that which giveth being to a democracy , wherein the soveraign assembly was called of the greeks , by the name of demus , ( that is , the people ) from whence cometh democracy . so that , where to the supreame and independent court , every man may come that will and give his vote , there the soveraign is called the people . . out of this that hath been sayd , may readily be drawn , that whatsoever the people doth to any one particular member or subject of the common wealth , the same by him ought not to be stiled iniury . for first iniury ( by the definition , part . chap. . sect. . ) is breach of covenant ; but covenants ( as hath been said in the precedent section ) there passed none from the people to any private man ; and consequently ( to wit the people ) can do him no iniury . secondly , how uniust soever the action be , that this soveraigne d●mus shall do , is done by the will of every particular man subiect to him , who are therefore guilty of the same . if therefore they stile it iniury , they but accuse themselves . and it is against reason for the same man , both to do and complain , implying this contradiction , that wheras he first ratified the peoples acts in general , he now disalloweth the same of them in particular . it is therefore said truly , volenti non fit injuria . nevertheless nothing doth hinder but that divers actions done by the people may be uniust before god almighty , as breaches of the law of nature . . and when it hapneth , that the people by plurality of voices , that decree or command any thing contrary to the law of god or nature , though the decree and command be the act of every man , not only present in the assembly , but also absent from it , yet is not the iniustice of the decree , the iniustice of every particular man , but only of those men , by whose express-sufferag●s the decree or command was passed . for a body politick , as it is a fictious body , so are the faculties and will thereof fictious also . but to make a particular man uniust which consisteth of a body and soul natural , there is required a naturall and very will . . in all democracies , though the right of soveraignty be in the assembly which is virtually the whole body , yet the use therof is alwaies in one , or a few particular men . for in such great assemblies , as those must be , whereinto every man may enter at his pleasure , there is no means any waies to deliberate and give councel what to do but by long and set orations , whereby to every man there is more or less hope given to incline & sway the assembly to their own ends . in a multitude of speakers therefore where alwaies either one is eminent alone , or a few being equal amongst themselvs are eminent above the rest , that one or few must of necessity sway the whole . insomuch that a democracy , in effect is no more then an aristocracy of orators , interrupted sometimes with the temporary monarchy of one orator . and seeing a democracy is by institution , the beginning both of aristocracy and monarchy , we are to consider next , how aristocracy is derived from it . when the particular members of the common wealth growing weary of attendance at publick courts , as dwelling far off , or being attentive to their private businesses , and withall , displeased with the government of the people , assemble themselves to make an aristocracy , there is no more required to the making thereof , but putting to the question one by one , the names of such men as it shall consist of , and assenting to their election ; and by plurality of vote to transfer that power , which before the people had , to the number of men so named and chosen . . and from this manner of erecting an aristocracy , it is manifest , that the few , or optimates , have entred into no covenant with any of the particular members of the common vvealth , wherof they are soveraign ; and consequently cannot do any thing to any private man , that can be called injury to him , howsoever their act be wicked before almighty god , according to that which hath been sayd before sect ● . farther it is impossible , that the people , as one body politick , should covenant with the aristocracy or optimates , on whom they intend to transfer their soveraignty . for no sooner is the aristocracy erected , but the democracy is annihilated , and the covenants made unto them void . . in all aristocracies the admission of such as are from time to time to have vote in the soveraign assembly , dependeth on the will and decree of the present optimates . for they being the soveraign , have the nomination ( by the . section of the former chapter ) of all magistrates , ministers , and counsellors of state whatsoever , and may therefore chuse either to make them elective , or hereditary , at their pleasure . . out of the same democracy , the institution of a political monarch proceedeth in the same manner , as did the institutio● of the aristocracy , to wit , by a decree of the soveraign people , to passe the soveraignty to one man named and approved by plurality of suffrage . and if this soveraignty be truly and indeed transferred , the estate or common-wealth is an absolute monarchy wherein the monarch is at liberty , to dispos● as well of the succession , as of the possession and not an elective kingdome . for suppos● a decree be made first in this manner , tha● such a one shal have the soveraignty for hi● life , and that afterward they will chuse a new ▪ in this case , the power of the people is dissolved , or not ; if dissolved , then after the death of him that is chosen , there is no man bound to stand to the decrees of them that shall , as private men , run together to make a new election ; and consequently , if there be any man , who by the advantage of the raign of him that is dead , have strength enough to hold the multitude in peace and obedience , he may lawfully , or rather is by the law of nature obliged so to do ; if this power of the people were not dissolved at the chusing of their king for life , then is the people soveraign still , and the king a minister thereof only , but so , as to put the whole soveraignty in execution , a great minister , but no otherwise for his time , then a dictator was in rome . in this case at the death of him that was chosen , they that meet for a new election , have no new , but their old authority for the same . for they were the soveraign all the time , as appeareth by the acts of those elective kings , that have procured from the people , that their children might succeed them . for it is to be understood , when a man receiveth any thing from the authority of the people , he receiveth it not from the people his subiects , but from the people his soveraign . and farther though in the election of a king for his life , the people grant him the exercise of their soveraignty for that time ; yet if they see cause , they may recall the same before the time . as a prince that conferreth an office for life , may nevertheless upon suspition of abuse thereof , recall it at his pleasure ; in as much as offices that require lobour and care , are understood to passe from him that giveth them , as onera , burthens , to them that have them ; the recalling whereof are therefore not injury , but favour . nevertheless if in making an elective king , with intention to reserve the soveraignty , they reserve not a power at certaine known and determined times and places to assemble themselves , the reservation of their soveraignty is of no effect , in as much as no man is bound to stand to the decrees and determinations of those that assemble themselves without the soveraign authortiy . . in the former section is shewed , that elective kings that exercise their soveraignty for a time , which determines with their life , either are subjects , or not soveraigns ; and that it is , when the people in election of them , reserve unto themselves the right of assembling at certaine times and places limited and made known ; or else absolute soveraigns to dispose of the succession at their pleasure , and that is , when the people in their election have declared no time nor place of their meeting , or have left it to the power of the elected king , to assemble and dissolve them at such times as he himselfe shall think good . there is another kind of limitation of time to him that shal be elected to use the soveraign power , ( which whether it hath been practised anywhere , or not i know not , but it may be imagined , and hath been obiected against the rigor of soveraign power ) and it is this , that the people transfer their soveraignty upon conditions . as for example , for so long as he shall observe such and such lawes , as they then prescribe him . and here as before in elected kings , the question is to be made , whether in the electing of such a soveraign , they reserved to themselves a right of assembling at times and places limited and known , or not ; if not , then is the soveraignty of the people dissolved , and have neither power to iudge of the breach of the conditions given him , nor to command any forces for the deposing of him , whom on that condition they had set up , but are in the estate of war amongst themselves , as they were before they made themselves a democracy ; and consequently , if he that is elected by the advantage of the possession he hath of the publick meanes , be able to compel them to unity and obedience , he hath not only of the right of nature to warrant him , but of the law of nature to oblige him thereunto . but if in electing him , they reserved to themselves a right of assembling , and appointed certain times and places to that purpose , then are they soveraign still , and may call their conditional king to account at their pleasure , and deprive him of his government , if they judge he deserve it , either by breach of the condition set him , or otherwise . for the soveraign power can by no covenant with a subiect be bound to continue him in the charge he undergoeth by their command , as a burden imposed not particularly for his good , but for the good of the soveraign people . . the controversies that arise concerning the right of the people , proceed from the equivocation of the word . for the word people hath a double signification . in one sense it signifieth onely a number of men , distinguished by the place of their habitation ; as the people of england , or the people of france , which is no more , but the multitude of those particular persons that inhabit those regions , without consideration of any contracts or covenants amongst them , by which any one of them is obliged to the rest . in another sense , it signifieth a person civill , that is to say , either one man or one councel , in the will whereof is included and involved , the will of every one in particular . as for example ; in this later sence , the lower house of parliament is all the commons as long as they sit there with authority and right thereto ; but after they be dissolved , though they remain , they be no more the people nor the commons , but only the aggregate , or multitude of the particular men there sitting , how well soever they agree , or concur , in opinions amongst themselves ; whereupon they that do not distinguish between these two significations , do usually attribute such rights to a dissolved multitude , as belong only to the people virtually contained in the body of the common wealth or soveraignty . and when a great number of their own authority flock together in any nation , they usually give them the name of the whole nation . in which sense they say the people rebelleth , or the people demandeth , when it is no more then a dissolved multitude , of which though any one man may be said to demand or have right to something , yet the heap , or multitude , cannot be said to demand or have right to any thing . for where every man hath his right distinct , there is nothing left for the multitude to have right unto : and when the particulars say , this is mine , this is thine , and this is his , and have shared all amongst them , there can be nothing whereof the multitude can say , this is mine ; nor are they one body as behoveth them to be , that demand any thing under the name o mine , or his : and when they say ours every man is understood to pretend in severall , and not the multitude : on the other , side , when the multitude is united into a body politick , and thereby are a people in the other signification , and their wills virtually in the soveraign , there the rights and demands of the particulars do cease ; and he or they that have the soveraign power , doth for them all demand and vindicate under the name of his , that which before they called in the plural , theirs . . vve have seen how particular men enter into subiection by transferring their rights ; it followeth to consider , how such subiection may be discharged . and first , if he or they that have the soveraign power , shall relinquish the same voluntarily , there is no doubt , but every man is again at liberty to obey or not . likewise , if he or they retaining the soveraignty over the rest , do neverthless exempt some one or more , from their subiection , every man so exempted , is discharged , for he or they to whom any man is obliged , hath the power to release him . . and here it is to be understood , that when he or they that have the soveraign power , give such exemption , or priviledge , to a subiect , as is not seperable from the soveraignty , and nevertheless directly retaineth the soveraign power , not knowing the consequence of the priviledg they grant , the person or persons exempted or priviledged , are not thereby released . for in contradictory significations of the will , part . chap. . sect. . that which is directly signified , is to be understood for the will , before that which is drawn from it by consequence . . also exile perpetual , is a release of subiection , forasmuch , as being out of the protection , of the soveraignty that expelled him , he hath no meanes of subsisting but from himself . now every man may lawfully defend himself , that hath no other defence ; else there had been no necessity , that any man should enter into voluntary subiection , as they do in common wealths . . likewise a man is released of his subiection by conquest . for when it cometh to pass , that the power of a common wealth is overthrown , and any particular man thereby lying under the sword of his enemy , yeildeth himself captive , he is thereby bound to serve him that taketh him , and consequently discharged of his obligation to the former . for no man can serve two masters . . lastly , ignorance of the succession dischargeth obedience . for no man can be understood to be obliged to obey he knoweth not whom . chap. iii. . . titles to dominion ; master and servant , &c. . chaines and other , &c. bonds &c. slave defined . . servants have no property against their lord , &c. . the master hath right to alienate his servant . . the servant of the servant , &c. . how servitude is discharged . . the middle lord . &c. . the title of man , &c. over beasts . having set forth in the two preceding chapters , the nature of a common wealth institutive by the consent of many men together , i come now to speak of dominion , or a body politick by acquisition , which is commonly called a patrimonial kingdome . but before i enter thereinto , it is necessary to make known upon what title one man may acquire right , that is to say , property or dominion over the person of another . for when one man hath dominion over another , there is a little kingdome . and to be a king by acquisition , is nothing else but to have acquired a right or dominion over many . . considering men therefore again in the estate of nature , without covenants or subjection one to another , as if they were but even now all at once created male and female , there be three titles only , by which one man may have right and dominion over another ; whereof two may take place presently , and those are , voluntary offer of subjection , and yeilding by compulsion : the third is to take place upon the supposition of children begotten amongst them . concerning the first of these three titles , it is handled before in the two last chapters . for from thence cometh the right of soveraigns over their subjects in a common wealth institutive . concerning the second title , ( which is when a man submitteth to an assailant for fear of death ) thereby accrueth a right of dominion . for where every man ( as it happeneth in this case ) hath right to all things , there needs no more for the making of the said right effectual but a covenant from him that is overcome , not to resist him that overcometh . and thus cometh the victor to have right of absolute dominion over the conquered . by which there is presently constituted a little body politick , which consisteth of two persons , the one soveraign , which is called the master or lord ; the other subiect , which is called the servant . and when a man hath acquired right over a number of servants so considerable , as they cannot by their neighbours be securely invaded , this body politick is a kingdome despotical . . and it is to be understood that when a servant taken in the vvars , is kept bound in natural bonds , and chaines and the like , or in prison , there hath passed no covenant from the servant to his master . for those natural bonds have no need of strengthening by the verbal bonds of covenant , and they shew , that the servant is not trusted . but covenant , ( part . chap. . sect. . ) supposeth trust . there remaineth therefore in the servant thus kept bound , or in prison , a right of delivering himself , if he can , by what means soever . this kind of servant is that which ordinarily , and without passion , is called a slave . the romanes had no such distinct name , but comprehended all under the name of servus ; whereof such as they loved and durst trust , were suffered to go at liberty , and admitted to places of office , both neer to their persons , & in their affaires abroad ; the rest were kept chained , or otherwise restrained with natural impediments to their resistance . and as it was amongst the romanes , so it was amongst other nations , the former sort having no other bond but a supposed covenant , without which the master had no reason to trust them ; the later being without covenant , and no otherwise tyed to obedience , but by chains , or other like forcible custody . . a master therefore is to be supposed to have no less right over those , whose bodies he leaveth at liberty , then over those he keepeth in bonds and imprisonment , and hath absolute dominion over both , and may say of his servant , that he is his , as he may of any other thing : and whatsoever the servant had , and might call his is now the master's ; for he that disposeth of the person , disposeth of all the person could dispose of : insomuch , as though there be meum & tuum among servants distinct from one another by the dispensation and for the benefit of their master , yet there is no meum & tuum belonging to any of them against the master himselfe , whom they are not to resist , but to obey all his commands as law . . and seeing both the servant and all that is committed to him , is the property of the master , and every man may dispose of his own , and transfer the same at his pleasure , the master may therefore alienate his dominion over them , or give the same by his last will to whom he list . . and if it happen , that the master himself by captivity or voluntary subjection , become servant to another , then is that other master paramount ; & those servants of him that becometh servant , are no farther obliged , then their master paramount shall think good ; forasmuch as he disposing of the master subordinate , disposeth of all he hath , and consequently of his servants . so that the restriction of absolute power in masters , proceedeth not from the law of nature , but from the political law of him , that is their master supream or soveraign . . servants immediate to the supream master , are discharged of their servitude , or subiection in the same manner that subiects are released of their allegiance in a common wealth institutive . as first , by release . for he that captiveth , ( which is done by accepting what the captive transferreth to him ) setteth again at l●berty , by transferring back the same . and this kinde of release is called manumission . secondly , by exile . for that is no more but manumission given to a servant , not in the way benefit , but punishment . thirdly , by a new captivity , where the servant having done his endeavour to defend himself , hath thereby performed his covenant to his former master , and for the safety of his life , entring into new covenant with the conquerour , is bound to doe his best endeavour to keep that likewise . fourthly , ignorance of who is successor to his diceased master , dischargeth him of obedience : for no covenant holdeth longer then a man knoweth to whom he is to perform it . and lastly , that servant that is no longer trusted , but committed to his chains and custody , is thereby discharged of the obligation in foro interno , and therefore if he can get loose , may lawfully goe his way . . but servants subordinate , though manumitted by their immediate lord , are not thereby discharged of their subiection to their lord paramount , for the immediate master hath no propertie in them , having transferred his right before to another , namely , to his own and supream master . nor if the chief lord should manumit his immediate servant , doth he thereby release his servants of their obligation to him that is so manumitted . for by this manumission , he recovereth again the absolute dominion he had over them before . for after a release , ( which is the discharge of a covenant ) the right standeth as it did before the covenant was made . . this right of conquest , as it maketh one man master over another , so also maketh it a man to be master of the irrational creatures . for if a man in the state of nature be in hostility with men , and thereby have lawful title to subdue or kill , according as his owne conscience and discretion shall suggest , unto him for his safety and benefit , much more may he doe the same to beasts ; that is to say , save and preserve for his own service , according to his discretion , such as are of nature apt to obey , and commodious for use ; and to kill and destroy with perpetual war , all other , as fierce and noysome to him . and this dominion is therefore of the law of nature , and not of the divine law positive . for if there had been no such right , before the revealing of gods will in the scripture , then should no man to whom the scripture hath not come , have right to make use of those his creatures , either for his food or sustenance . and it were a hard condition of mankind , that a fierce and salvage beast , should with more right kill a man , then a man a beast . chap. iv. . the dominion over the child , &c. . preheminence of sex giveth not the child to the father , rather then to the mother . . the title of the father or mother , &c. . the child of a woman-servant , &c. . the right to the child given from the mother , &c. . the child of the concubine , &c. . the child of the husband and the wife , &c. . the father , or he or she that bringeth up the child , have absolute power over him . . freedome in subiects what it is . . a great family is a patrimonial kingdome . . succession of the soveraign power , &c. . though the successor be not declared , yet there is alwayes one to be presumed . . the children preferred to the succession , &c. . the males before females . . the eldest before the rest of the brothers . . the brother next to the children . . the succession of the possessor , &c. of three wayes by which a man becometh subiect to another , mentioned sect. . chap. the last , namely , voluntary offer , captivity and birth , the former two have been spoken of , under the name of subiects and servants . in the next place , we are to set down the third way of subiection , under the name of children , and by what title one-man commeth to have propriety in a child , that proceedeth from the common generation of two , ( to wit ) of male and female . and considering men again dissolved from all covenants one with another , and that ( part . chap. . sect. . ) every man by the law of nature , hath right or propriety to his own body , the child ought rather to be the proprietie of the mother , ( of whose body it is part , till the time of separation ) then of the father . for the understanding therefore of the right that a man or woman hath to his or their child , two things are to be considered ; first , what title the mother , or any other originally hath , to a child new born : secondly , how the father , or any other man , pretendeth by the mother . . for the first , they that have written of this subiect have made generation to be a title of dominion over persons , as well as the consent of the persons themselves . and because generation giveth title to two , namely , father , and mother , whereas dominion is indivisible , they therefore ascribe dominion over the child to the father only , ob praestantiam sexus ; but they shew not , neither can i find out by what coherence , either generation inferreth dominion , or advantage of so much strength , which , for the most part , a man hath more then a woman , should generally and universally entitle the father to a propriety in the child and take it away from the mother . . the title to dominion over a child , proceedeth not from the generation , but from the preservation of it ; and therefore in the estate of nature , the mother , in whose power it is to save or destroy it , hath right thereto by that power , according to that which hath been sayd , part . chap. . sect. . and if the mother shall think fit to abandon , or expose her c●ild to death , whatsoever man or woman shall finde the child so exposed shall have the same right which the mother had before ; and for this same reason , namely , for the power not of generating , but preserving . and though the child thus preservd , do in time acquire strength , whereby he might pretend equality with him or her that hath preserved him , yet shall that pretence be thought unreasonable , both because his strength was the gift of him , against whom be pretendeth , and also because it is to be presumed that he which giveth sustenance to another , whereby to strengthen him , hath received a promise of obedience in consideration thereof . for else it would be wisdome in men , rather to let their children perish , while they are infants , then to live in their danger or subiection , when they are grown . . for the pretences which a man may have to dominion over a child by the right of the mother , they be of divers kinds . one by the absolute subiection of the mother ; another , by some particular covenant from her , which is less then a covenant of such subiection . by absolute subiection , the master of the mother hath right to her child , according to sect. . chap. . whether he be the father thereof , or not . and thus the children of the servant are the goods of the master in perpetuum . of covenants that amount not to subiection between man and woman , there be some which are made for a time ; they are covenants of cohabitation , or else of copulation only . and in this later case , the children pass by covenants particular . and thus in the copulation of the amazones with their neighbours , the fathers by covenant had the male children only , the mothers retaining the females . . and covenants of cohabitation are either for society of bed , or for society of all things ; if for society of bed only , then is the woman called a concubine . and here also the child shall be his or hers , as they shall agree particularly by covenant . for although for the most part , a concubine is supposed to yeild up the right of her children to the father , yet doth not concubinate enforce so much . . but if the covenants of cohabitation be for societie of all things ; it is necessary that but one of them govern and dispose of all that is common to them both ; without which , ( as hath been often said before ) societie cannot last . and therefore the man , to whom for the most part , the woman yeildeth the government , hath for the most part also , the sole right and dominion over the children . and the man is called the husband , and the woman the vvife . but because sometimes the government may belong to the vvife only , sometimes also the dominion over the children shall be in her only . as in the case of a soveraign queen , there is no reason that her marriage should take from her the dominion over her children . . children therefore , whether they be brought up and preserved by the father , or by the mother , or by whomsoever are in most absolute subjection to him or her , that so bringeth them up , or preserveth them . and they may alienate them , that is , assign his or her dominion , by selling , or giving them , in adoption or servitude , to others ; or may pawn them for hostages , kill them for rebellion , or sacrifice them for peace , by the law of nature , when he or she , in his or her conscience , think it to be necessary . . the subiection of them who institute a common wealth amongst themselves , is no less absolute then the subiection of servants . and therein they are in equal estate . but the hope of those is greater then the hope of these . for he that subiecteth himself uncompelled , thinketh there is no reason he should be better used then he that doth it upon compulsion ; and coming in freely calleth himself , though in subiection , a freeman ; whereby it appeareth that liberty is not any exemption from subiection and obedience to the soveraign power , but a state of better hope then theirs , that have been subiected by force and conquest . and this was the reason , that the name which signifieth children in the latine tongue , is liberi , which also signifieth free men . and yet in rome nothing at that time was so obnoxious to the power of others , as children in the family of their fathers . for both the state had power over their life without consent of their fathers , and the father might kil his son by his own authority , without any warrant from the state . freedome therefore in common-wealths , is nothing but the honour of equality of favour with other subiects , and servitude the estate of the rest . a free-man therefore may expect employments of honour , rather then a servant . and this is al that can be understood by the liberty of the subiect . for in all other senses , liberty is the state of him that is not subiect . . now when a father that hath children hath servants also , the children ( not by the right of the child , but by the natural indulgence of the parents ) are such fremen . and the whole consisting of the father or mother , or both , & of the children , & of the servants , is called a family , wherin the father or mother of the family is soveraign of the same , and the rest ( both children and servants equally ) subiects . the same family , if it grow by multiplication of children , either by generation or adoption ; or of servants , either by generation , gonquest , or voluntary submission , to be so great and numerous , as in probability it may protect it self , then is that family called a patrimoniall kingdome , or monarchy by acquisition , wherein the soveraignty is in one man , as it is in a monarch made by politicall institution . so that whatsoev●r rights be in the one , the same also be in the other . and therefore i shall no more speake of them as distinct , but of monarchy in general . . having shewed by what right the several sorts of common-wealths , democracy , aristocracy , and monarchy , are erected , it followeth , to shew by what right they are continued . the right by which they are continued , is called the right of succession to the soveraign power ; whereof there is nothing to be said a democracy , because the soveraign dyeth not , as long as there be subjects alive . nor in any aristocracy , because it cannot easily fall out , that the optimates should every one fail at once : and if it should so fall out , there is no question , but the common wealth is thereby dissolved . it is therefore in a monarchy only , that there can happen a question concerning the succession . and first , forasmuch as a monarch , which is absolue soveraign , hath the dominion in his own right , he may dispose thereof at his own will . if therefore by his last will , he shall name his successor , the right passeth by that will . . nor if the monarch dye without any will concerning the succession declared , it is not therefore to be presumed , it was his will his subiects , which are to him as his children and servants , should return again to the state of anarchy , that is to war and hostility . for that were expresly against the law of nature , which commandeth to procure peace , and to maintain the same . it is therefore to be conjectured with reason , that it was the intention to bequeath them peace , that is to say , a power coercive , whereby to keep them from sedition amongst themselves ; and rather in the form of a monarchy , then any other government ; forasmuch as he , by the exercise thereof in his own person , hath declared , that he approveth the same . . farther , it is to be supposed , his intention was , that his own children should be preferred in the succession ( when nothing to the contrary , is expresly declared ) before any other . for men naturally seek their own honour , and that consisteth in the honour of their children after them . . again , seeing every monarch is supposed to desire to continue the governmen● in his successors , as long as he may ; and that generally men are indued with greate● parts of wisdom and courage , by which al● monarchies are kept from dis●olution , then women , are it is to be presumed , where no express will is extant to the contrary , he preferreth his male children before the female . not but that women may governe and have in divers ages and places governed wisely , but are not so apt thereto in generals , as men . . because the soveraign power is indivisible , it cannot be supposed , that he intended the same should be divided , but that it should descend intirely upon one of them , which is do be presumed , should be the eldest , assigned thereto by the lot of nature , because he appointed no other lot for the decision thereof . besides , what difference of ability soever there may be amongst the brethren , the odds shall be adiudged to the elder , because no subiect hath authority otherwise to judge thereof . . and for want of issue in the possessor , the brother shall be presumed successor . for by the judgement of nature , next in blood , is next in love , and next in love , is next to preferment . . and as the succession followeth the first monarch , so also it followeth him or her that is in possession ; and consequently , the children of him in possession , shall be prefe●red before the children of his father , or predecessor . chap. v. . the utility of the common-wealth , &c. . the losse of liberty , &c. . monarchy approved , &c. . monarchy less subiect to passion , &c. . . subiects in monarchy , &c. . laws in monarchy less changeable , &c. . monarchies less subiect to dissolution . having set forth the nature of a person politick , and the three sotts thereof , democracy , aristocracy , and monarchy , in this chapter shall be declared , the convencies , and inconveniencies , that arise from the same , both in general ; and of the said several sorts in particular . and first , seeing a body politick is erected only for the ruling and governing of particular men , the benefit and damage thereof consieth in the benefit or damage of being ruled . the benefit is that for which a body politick was instituted , namely , the peace and preservation of every particular man , then which it is not possible there can be a greater , as hath been touched before , part . chap. . sect. . and this benefit extendeth equally both to the soveraign and to the subjects . for he or they that have the soveraign power , have but the defence of their persons , by the assistance of the particulars ; and every particular man hath his defence by their union in the soveraign . as for other benefits , which pertain not to their safetie and sufficiency , bu● to their well and delightfull being , such as are superfluous riches , they so belong to the soveraign , as they must also be in the subject ; and so to the subiect , as they must also be in the soveraign . for the riches and treasure of the soveraign , is the dominion he hath over the riches of his subiects . if therefore the soveraign provide not so , as that particular men may have means , both to preserve themselvs , and also to preserve the publick the common or soveraign treasure can be none . and on the other side , if it were not for a common and publick treasure belonging to the soveraign power , mens private riches would sooner serve to put them into confusion and war , then to secure and maintain them . insomuch , as the profit of the soveraiegn & subiect goeth alwayes together . that distinction therefore of government , that there is one government for the good of him that governeth , & another for the good of them that be governed ; whereof the former is despotical , ( that is lordly ) the other , a government of freemen , is not right . no more is the opinion of them that hold it to be no city , which consisteth of a master and his servants . they might as well say , it were no city that consisted in a father and his own issue , how numerous soever they were . for to a master that hath no children , the servants have in them all those respects , for which men love their children . for they are his strength , and his honour . and his power is no greater over them , then over his children . . the inconvenience arising from government in general , to him that governeth consisteth partly in the continual care and trouble about the businesse of other men , that are his subiects , and partly in the danger of his person . for the head alwayes is that part , not only where the care resideth , but also against which the stroke of an enemy most commonly is directed . to ballance this incommodity , the soveraignty , together with the necessity of this care and danger , comprehendeth so much honour ; riches and means , whereby to delight the mind , as no private mans wealth can attain unto . the inconveniences of government , in generall to a subiect are none at all , if well considered , but in appearance . there be two things that may trouble his mind , o● two general grievances , the one is losse of liberty ; the other , the uncertainty of meum & tuum . for the first , it consisteth in this , that a subiect may no more governe his own actions according to his own discretion and judgement , ( which is all one ) conscience , as the present occasions from time to time shall dictate to him , but must be tyed to do according to that will onely , which once for all , he had long ago laid up , and involved in the wills of the maior part of an assembly , or in the will of some one man . but this is really no inconvenience . for , as it hath been shewed before , it is the only meanes , by which we have any possibility of preserving our selves . for if every man were allowed this liberty , of following his conscience , in such difference of consciences , they would not live together in peace an hour . but it appeareth a great inconvenience to every man in particular , to be debarred of this liberty , because every one a part considereth it as in himself , and not as in the rest , by which means , l●berty appeareth in the likeness of rule and government over others . for where one man is at liberty , and the rest bound , there that one hath government ; which honour , he that understandeth not so much , demanding by the name simply of liberty , thinketh it a great grievance and iniury to be denyed it . for the second grievance concerning meum & tuum , it is also none , but in appearance only ; it consisteth in this , that the soveraign power , taketh from him that which he used to enjoy , knowing no other propriety but use and custome . but without such soveraign power , the right of men is not proprietie to any thing , but a community , no better then to have no right at all , as hath been shewed , part. . chap. . sect. . propriety therefore being derived from the soveraign power , is not to be pretended against the same , especially , when by it every subject hath his propriety against every other subject , which when soveraignty ceaseth , he hath not , because in that case they return to war amongst t●ems●lves . those levies therfore which are made upon mens estates , by the soveraign authority , are no more but the price of that peace and defence which the sovraignty maintaineth for them . if this were not so , no money nor forces for the wars , not any other publick occasion , could justly be levied in the world . for neither king , nor democracy , nor aristocracy , nor the estates of any land , could do it , if the soverainty could not . for in all those cases it is levied by virtue of the soveraignty . nay more , by the three estates , here the land of one man may be transferred to another , without crime of his from whom it was taken , and withomt pretence of publick benefit , as hath been done ; and this without injury , because done by the soveraign power . for the power whereby it is done , is no less then soveraign , and cannot be greater . therefore this greivance for meum & tuum is not real , unless more be exacted then is necessary ; but it seemeth a greivance , because to them that either know not the right of soveraignty , or to whom that right belongeth , it seemeth an injury , and iniury howsoever little the dammage is alwaies greivous as putting us in minde of our disability to help our selves , and into envy of the power to do us wrong . . having spoken of the inconveniencies of the subiect , by government in general , let us consider the same in the three several sorts thereof , namely , democracy , aristocracy and monarchy ; whereof the two former are in effect but one . for ( as i have shewed befo●e ) democracy is but the governement of a few orators . the comparison therefore will be between monarchy and aristocracy : and to omit that the world as it was created , so also it is governed by one god almighty ; and that all the ancients have have preferred monarchy before other governments , both in opinion , because they faigned a monarchial government amongst their gods , and also by their custome ; for that in the most ancient times all people were so governed ; and that paternal government which is monarchy , was instituted in the beginning from the creation , & that other governments have proceeded from the dissolution thereof , called by the rebellious nature of mankind , and be but pieces of broken monarchies cemented by humane wit , i will insist only on this comparison upon the inconvenies that may happen to the subiects , in consequence to each of these governments . . and first , it seemeth inconvenient there should be committed so great a power to one man , as that it might be lawful to no other man or men to resist the same ; and som think it inconvenient eo nomine , because he hath the power . but this reason we may not by any means admit . for it maketh it inconvenient to be ruled by almighty god , who without question hath more power over every man , then can be conferred upon any monarch . this inconvenience therefore must be derived , not from the power , but from the aff●ctions and passions which raign in every one , as well monarch , as subject , by which the monarch may be swayd to use that power amiss . and because an aristocracy consisteth of men , if the passions of many men be more violent when they are assembled together , then the passions of one man alone , it will follow , that the inconvenience arising from passions will be greater in an aristocracy then a monarchy . but there is no doubt , when things are debated in great assemblies , but every man delivering his opinion at large without interruption endeavour●th to make whatsoever he is to set forth for good , better ; and what he would have apprehended as evill , worse , as much as is possible , to the end his counsel may take place ; which counsel also is never without ayme at his own benefit , or honour ; every mans end ●e●ng some good to himself . now this cannot be done without working on the passions of the rest . and thus the passions of these that are singly moderate , are altogether vehement , even as a great many coals , though but warm asunder , being put together , inflame one another . . another inconvenience of monarchy , is this , that the monarch , besides the riches necessary for the defence of the common wealth , may take so much more from the subiects , as may enrich his children , kindred and favourites , to what degree he pleaseth ; which though it be indeed an inconvenience , if he should so do , yet is the same both greater in an aristocracy , and also more likely to come to pass . for their , not one only , but many have children , kindred , and friends to raise . and in that point they a●e as twenty monarchs for one , and likely to set forward one anothers designs mutually , to the oppression of all the rest . the same also happeneth in a democracy , if they all do agree , otherwise they bring a worse inconvenience , to wit , sedition . . another inconvenience of monarchy , is the power of dispencing with the execution of iustice , whereby the family and friends of the monarch may with impunity , commit outrages upon the people , or oppresse them with extortion . but in ar●stocracies , not only one , but many have power of taking men out of the hands of iustice , and no man is willing his kindred or friends should be punished according to their demerits . and therefore they understand amongst themselves without further speaking , as a tacite covenant , hodie mihi , cras tibi . . another inconvenience of monarchy , is the power of altring lawes . concerning which , it is necessary that such a power be , that lawes may be altered , according as mens manners charg , or as the coniuncture of all circumstances within and without the common wealth shall require ; the change of law being then inconvenient , when it proceedeth from the change , not of the occasion , but of the minds of him or them , by whose authority the laws a●e made . now it is manifest enough of it self , that the mind of one man is not so variable in that point , as are the decrees of an assembly . for not only they have all their natural changes , but the change of any one man may be enough with eloquence and reputation , or by solicitation and faction , to make that law to day , which another by the very same means shall abrogate to morrow . . lastly , the greatest inconvenience that can happen to a common wealth , is the aptitude to dissolve into civil war , and to this are monarchies much less subiect then any other governments . for where the union or band of a common wealth is one man , there is no distraction whereas in assemblies , those that are of different opinions , and give different counsel are apt to fall out amongst themselves , and to cross the designs of the common wealth for one anothers sake : and when they cannot have the honour of making good their owne devices , they yet seek the honour to make the counsels of the adversaries prove vain . and in this contention , when the opposite factions happen to be any thing equal in strength . they presently fal to war . wherein necessity teacheth both sides , that an absolute monarch , to wit , a general , is necessary both for their defence against one another , and also for the peace of each faction within it self . but this aptitude to dissolution , is to be understood for an inconvenience in such aristocracies onely , where the affairs of state are debated in gr●at and numerous assemblies , as they were anciently in athens , and in rome ; and not in such as doe nothing else in great assemblies , but choose magistrates and counsellours , and commit the handling of state-affaires to a few ; such as is the aristocracy of venice at this day . for these are no more apt to dissolve from this occasion , then monarchies , the counsel of state being both in the one and the other alike . chap. vi . . a difficulty concerning absolute subiection to man , arising from our absolute subiection to god almighty , propounded . . that this difficulty is onely amongst those christians , that deny the interpretation of scripture , to depend upon the soveraign authority of the common-wealth . . that humane lawes are not made to govern the consciences of men , but their words and a●●ions . . places of scripture to prove obedience due from chr●stians to their soveraign in all things . . a distinction propounded betwe●n a fundamentall point of faith , and a superstruction . . an explication of the points of faith , that be fundam●ntal . . the bel●ef of those fundamental points , is all that is required to salvation , as of fai●h . . that other points not fundamen●all , are not necessary to salvation , as matter of faith ; and that no more is required by way of faith to the salvation of one man , th●n to another . . that super●●ructions are not points of the faith necessary to a christian . . how faith and justice c●ncurre to salvation . . that in christian common-wealths , obedience to god and man stand wel together . . this tenet , whatsoever is against the conscience , is sin , interpreted . that all men do confess the necessity of submitting of controversies to some humane authority . . that christians under an infidel , are discharged of the iniustice of disobeying them , in that which concerneth the faith necessary to salvation , by not resisting . having shewed , that in all common-wealths whatsoever , the necessity of peace and government requireth , that there be existent some power , either in one man , or in one assembly of men , by the name of the power soveraign , to which it is not lawfull for any member of the same common-wealth to disobey ; there occurreth now a difficulty , which if it be not removed , maketh it unlawfull for a man to put himself under the command of such absolute soveraignty , as is required thereto . and the difficulty is this ; we have amongst us the word of god for the rule of our actions : now if wee shall subiect our selves to men also , obliging our selves to do such actions , as shall be by them commanded , when the commands of god and man shall differ , we are to obey god , rather then man ; and consequently , the covenant of general obedience to man is unlaw●ull . . this difficulty hath not been of very great antiquity in the world . there was no such dilemna amongst the jewes ; for their civil law , and divine law , was one and the same law of moses ; the interpreters whereof were the priests , whose power was subordinate to the power of the king ; as was the power of aaron to the power of moses . nor is it a controversie that was ever taken notice of amongst the grecians , romanes , or other genti●es : for amongst these their severall civill lawes , were the rules whereby not only righteousness and virtue , but also religion , and the external worship of god was ordered and approved ; that being esteemed the true worship of god which was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to the laws civil . also those christians that dwell under the temporal dominion of the bishop of rome , are free from this question ; for that they allow unto him ( their soveraign ) to interpret the scriptures , which are the law of god as he in his own judgement shall think right . this difficulty therefore remaineth amongst , and troubleth those christians only , to whom it is allowed , to take for the sense of the scripture , that which they make thereof , either by their own private interpretation , or by the inte●pretation of such as are not called thereunto by publick authority ; they that follow their own interpretation continually demanding liberty of conscience ; and those that follow the interpretation of others not ordained thereunto by the soveraign of the common-wealth , requiring a power in matters of religion , either above the power civil , or at least not depending on it . . to take away this scruple of conscience , concerning obedience to humane lawes , amongst those that interpret to themselves the word of god in the holy scriptures , i propound to their consideration , first , that no humane law is intended to oblige the conscience of a man , unlesse it break out into action , either of the tongue , or other part of the body . the law made thereupon would be of none effect , because no man is able to discern , but by word or other action , whether such law be kept or broken . nor did the apostles themselves pretend dominion over mens consciences concerning the faith they preached , but only perswasion and instruction . and therefore s. paul saith , cor. . . writing to the corinthians , concerning their controversies , that he and the rest of the apostles had no dominion over their faith , but were helpers of their joy . . and for the actions of men which proceed from their consciences , the regulating of which actions is the only means of peace , if they might not stand with justice , it were impossible that justice towards god , and peace amongst men , should stand together in that r●ligion that teacheth us , that justice and peace should kiss each other , and in which we have so many precepts of absolute obedience to humane authority ; as mat. . , . we have this precept . the scribes & pharisees sit in moses seat ; all therefore whatsoever they bid you observe that observe and do . and yet were the scribes and pharisees not preists , but men of temporall authority . again , luke . . every kingdome divided against it self shall be desolate ; and is not that kingdome divided against it self , where the actions of every one shall be ruled by his private opinion or conscience , and yet those actions such as give occasion of offence and breach of peace . again , rom. . . wherefore you must be subject , not because of wrath only , but also for conscience sake , tit. . . put them in remembrance , that they be subiect to principalities and powers , . pet. . . . submit your selves unto all manner of ordinance of man , for the lords sake , whether it be unto the king , as unto the superiour , or unto governours , as unto them that are sent of him for the punishment of evill doers . jude verse . these dreamers also that defile the flesh , and despise government , and speake evill of them that are in authority . and forasmuch as all subiects in common wealths are in the nature of children and servants , that which is a command to them is a command to all subiects . but to these s. paul saith , colos. . . . children obey your parents in all things , servants be obedient to your masters according to the flesh in all things . and verse . do it heartily as to the lo●d . these places considered , it seemeth strange to me , that any man in a christian common wealth , should have any occasion to deny his obedience to publick authority , upon this ground , that it is better to obey god then man . for though s. peter and the apostles did so answer the councel of the jews , that forbade them to preach christ , there appeareth no reason that christians should alledge the same against their christian governours that command to preach christ . to reconcile this seeming co●tradiction of simple obedience to god , and simple obedience to man , we are to consider a christian subiect , as under a christian soveraign , or under an infidell . . and under a christian soveraign we are to consider , what actions we are forbidden by god almighty to obey them in , and what not . the actions we are forbidden to obey them in , are such only , as imply a denial of that faith which is necessary to our salvation : for otherwise there can be no pretence of disobedience ; for why should a man incur the danger of a temporal death , by displeasing of his superiour , if it were not for fear of eternal death hereafter . it must therefore be inquired , what those propositions and articles be ; the beleife whereof our saviour or his apostles have declared to be such as without beleiving them a man cannot be saved ; and then all other points that are now controverted and made distinction of sects , papists , lutheran , calvinists , arminians &c. as in old time , the like made paulists , apollonians , and cephasians , must needs be such , as man needeth not for the holding thereof , deny obedience to his superiours . and for the points of faith necessary to salvation , i shall call them fundamental , and every other point a superstruction . . and without all controversie , there is not any more necessary point to be believed for mans salvation then this , that jesus is the messiah , that is , the christ ; which proposition is explicated in sundry sorts , but still the same in effect ; as that he is gods annointed , for that is signified by the word christ . that he was the true and lawful king of israel , the son of david , the saviour of the world , the redeemer of israel , the salvation of god he that should come into the world , the son of god , and ( which i desire by the way to have noted , against the now sect of arrians ) the begotten son of god , act. . . heb. . the only begotten son of god , joh. . . . joh. . , . joh. . . that he was god joh. joh. . . that the fulness of the god●ead dwelt in him bodily . moreover , the holy one , the holy one of god , the forgiver ●f sins , , that he is risen from the dead . these are explications , and parts of that general article , that jesus is the christ . this point therefore , and all the explications thereof are fundamental ; as also all such , as be evidently inferred from thence : as , belief in god the father . joh. . . he that beleveth in me , believeth not in me , but in him that sent me : joh. . , he that denyeth the son , hath not the father , belief in god the holy ghost , of whom christ saith , joh. . . but the comforter which is the holy ghost , whom the father will send in my name . and joh. . . but when the comforter shall come whom i will send unto you from the father , even the spirit of truth . beleife of the scriptures , by which we beleeve those points , and of the immortality of the soul , without which we cannot beleeve that he is a saviour . . and as these are the fundamentall points of faith necessary to salvation , so also are they only necessary as matter of faith ●nd also essential to the calling of a christian ; as may appear by many evident places of holy scripture : joh. . . search the scriptures , for in them you think to have eteral life , and they are they which testifie of me . now , forasmuch as by the scripture , is meant there the old testament ( the new being then not written ) the beleife of that which was written concerning our saviour in the old testament , was sufficient beleife for the obtaining of eternal life : but in the old testament there is nothing revealed concerning christ , but that he is the messiah , and such things as belong to the fundamentall points thereupon depending . and therefore those fundamental points are sufficient to salvation as of faith . and joh. . . . then sayd they unto him , what shall we do , that we might work the works of god ? jesus answered and said unto them , this is the work of god , that ye beleeve in him , whom he hath sent . so that the point to be beleived is , that jesus christ came forth from god , and he which believeth it , worketh the works of god . joh. . . . whosoever liveth and beleiveth in me , shall never dye . beleevest thou this ? she sayd unto him , yea lord , i beleeve that thou art the christ the son of god , which should come into the world . hence followeth , he that beleiveth this shall never dye . joh. . . but these things are wri●ten that ye might beleeve , that jesus is the christ , the son of god , and that in beleiving , ye might have life through his name . by which appeareth , that this fundamentall point is all that is required , as of faith to our salvation . joh. . . every spirit that confesseth that jesus christ is come into the flesh is of god : joh. . . whosoever beleiveth that j●s●s is the christ is born of god , and ver. . who is it that overcometh the world , but he that beleiveth that jesus is the son of god : and vers. . these things have i written unto you that beleeve in the name of the son of god , that ye may know that ye have ●ternall life . act. . . . the eunuch said , here is water , what doth let me to be baptized ? and philip said unto him , if thou beleevest with i● thy heart , thou mayst . he answered and sayd , i beleeve that jesus christ is the son of god . this point therefore was sufficient for the reception of man into baptisme , that is to say , to christianity . and act. . . the keeper of the prison , fell down before paul and silas , and said , sirs , what shall i do to be saved ? and they sayd , beleeve in the lord jesus christ . and the sermon of s. peter upon the day of pentecost , was nothing else but an explication , that jesus was the christ . and when they had heard him , asked him , what shal we do , he said unto them , ac. . . amend your lives , and be baptized evry one of you in the name of jesus christ for the remission of sins . rom. . . if thou shalt conf●ss with thy mouth the lord jesus , and shalt beleeve in thy heart , that god raised him up from the dead , thou shalt be saved . to these places may be added , that wheresoever our savior christ doth approve the faith of any man , the proposition beleeved ( if the same to be collected out of the text ) is alway some of those fundamentall points before mentioned , or something equivalent : as the faith of the centurion , mat. . . speake the word only , and my servant shall be healed , beleiving he was omnipotent : the faith of the woman , which had an issue of blood , math , . . if i may but touch the hem of his garment , implying , he was the messiah , the faith required of the blind men , mat. . . beleeve you that i am able to do this ? the faith of the canaanitish woman , matth. . . that he was the son of david , implying the same . and so it is in every one of those places ( none excepted ) where our saviour commendeth any mans faith , which because they are too many to insert here , i omit , and refer them to his inquisition that is not otherwise satisfied . and as there is no other faith required , so there was no other preaching : for the prophets of the old testament , preached no other , and john the baptist preached only the approach of the kingdome of heaven , that is to say , of the kingdome of christ , the same was the commission of the apostles , mat. . . go preach , saying , the kingdome of heaven is at hand . and paul preaching amongst the jews , act. . . did but testifie unto the jews that , jesus was the christ . and the heathens took notice of christians no otherwise , but by this name that they beleeved jesus to be a king , crying out . act. . . these are they that have subverted the state of the world , and here they are , whom jason hath received . and these all doe against the decrees of caesar , saying , that there is another king , one jesus . and this was the sum of the predictions , the sum of the confessions of them that beleeved , as well men as devils . this was the title of his crosse , jesus of nazareth , king of the jewes ; this the occasion of the crowne of thorns , scepter of reed , and a man to carry his crosse ; this was the subiect of the hosan●a's ; and this was the title , by which our saviour commanding to take another mans goods , bad them say , the lord hath need : and by this title , he purged the temple of the profane market kept there . nor did the apostles themselves believe any more , then that jesus was the m●ssiah , nor understand so much ; for they understood the messiah to be no more then a temporall king , till after our saviours resurrection . furthermore , this point , that christ is the messiah , is particularly set forth for fundamentall by that word , or some other equivalent thereunto in divers places . upon the confession of peter , matth. . . thou art the christ , the son of the living god , our saviour ver. . saith , upon this rock will i build my church . this point therefore is the whole foundation of christs church . rom. . . s. paul raith , i so inforced my self to preach the gospel , not where christ was named , lest i should have built upon another mans foundation , cor. . . s. paul when he had reprehended the corinthians for their sects , & curious doctrines and questions , he distinguisheth between fundamental points , and superstruction ; and saith , i have laid the foundation , and another buildeth thereupon ; but let every man take heed how he buildeth upon it , for other foundation can no man lay , then that which is laid , which is jesus christ . colos. . . as you have received christ jesus the lord , so walk in him , rooted and builded in him , and stablished in the faith . . having shewed this proposition , jesus is the christ , to be the only fundamentall and necessary point of faith , i shal set down a few places more , to shew , that other points , though they may be true , are not so necessary to be believed , as that a man may not be saved , though he believe them not . and first , if a man could not be saved without assent of the heart to the truth of all controversies , which are now in agitation concerning religion , i cannot see , how any man living can be saved ; so full of subtilty , and curious knowledge it is to be so great a divine . why therefore should a man think that our saviour , who , mat. . . saith , that his yoke is easie , should require a matter of that difficulty ? or how are little children said to believe . mat. . . or how could the good thief be thought sufficiently catechized upon the crosse ? or s. paul so perfect a christian presently upon his conversion ? and though there may be more obedience required in him that hath the fundamental points explicated unto him , then in him that hath received the same but implicitely ; yet there is no more faith required for salvation in one man , then in another . for if it be true , that whosoever shall confesse with his mouth the lord jesus , and believe in his heart , that god raised him from the dead , shall be saved ; as it is , rom. . . and that whosoever believeth that jesus is the christ , is born of god , the belief of that point is sufficient for the salvation of any man whosoever he be , for as much as concerneth faith . and seeing he that believeth not that jesus is the christ , whatsoever he believe else , cannot be saved , it followeth , that there is no more required to the salvation of one man , then another , in matter of faith . . about these points fundamental , there is little controversie amongst christians , though otherwise of different sects amongst themselves . and therefore the controversies of religion , are altogether about points unnecessary to salvation ; whereof some are doctrines raised by humane ratiocination , from the points fundamentall . as for example ; such doctrines as concern the manner of the real presence , wherein are mingled tenets of faith concerning the omnipotency & divinity of christ , with the tenets of aristotle and the peripatelicks , concerning substance and accidents , species , hypostasis , and the subsistence and migration of accidents from place to place ; words some of them without meaning , and nothing but the canting of grecian sophisters . and these doctrines are condemned expresly , col. . . where after s. paul had exhorted them to be rooted and builded in christ , he giveth them this farther caveat ; beware lest there be any man that spoil you through philosophy and vain deceits , through the traditions of men , according to the rudiments of the world . and such , are such doctrines , as are raised out of such places of the scriptures , as concern not the foundation , by mens natural reason ; as about the concatenation of causes , and the manner of gods predestination ; which are also mingled with philosophy : as if it were possible for men that know not in what manner god seeth , heareth , or speaketh , to know nevertheless the manner how he intendeth , and predestinateth . a man therefore ought not to examin by reason any point , or draw any consequence out of scripture , by reason , concerning the nature of god almighty , of which reason is not capable . and therefore s. paul , rom. . . giveth a good rule , that no man presume to understand above that which is meet to understand , but that he understand according to sobriety , which they doe not , who presume out of scripture , by their own interpretation , to raise any doctrine to the understanding , concerning those things , which are incomprehensible . and this whole controversie concerning the predestination of god , and the free wil of man , is not peculiar to christian men . for we have huge volumes of this subiect , under the name of fate & contingency , disputed between the epicurians and the stoicks , and consequently it is not matter of faith , but of philosophy : and so are also all the questions concerning any ot●er point , but the foundation before named : and god receiveth a man which part of the question soever he holdeth . it was a controversie in s. pauls time , whether a christian gentile might eate freely of any thing which the christian jews did not : and the jew condemned the gentile that he did eat , to whom s. paul saith , rom. . , let not him that eateth not , iudge him that eateth : for god hath received him . and vers. . in the question concerning the observing of holy dayes , wherein the gentiles the jewes differed , he saith unto them , he that observeth the day , observeth it to the lord , and he that observeth not the day , observeth it not to the lord . and they who strive concerning such questions , and divide themselves into sects , are not therefore to be accounted zealous of the faith , their strife being but carnal , which is confirmed by s. paul , cor. . . when one saith , i am of paul , and another , i am of apollos , are ye not carnal ? for they are not questions of faith , but of wit , wherein carnally men are inclined to seek the mastery one of another . for nothing is truly a point of faith , but that jesus is the christ ; as s. paul testifieth , cor. . . for i esteemed not the knowledge of any thing amongst you , save jesus christ , and him crucified . and tim. . . o timotheus , keep that which is committed un●o thee , and avoid prophane and vain bablings , and opposition of science falsly so called , which while s●me profess , they have erred concerning the faith . tim. . . stay prophane and vain bablings , &c. vers. . of which sort is hymeneus and philetus , which as concerning the truth , have erred , saying , that the resurrectionis past already . whereby s. paul shewed , that the raising of questions by humane ratiocination , though it be from the fundamental points themselves , is not onely not necessary , but most dangerous to the faith of a christian . out of all these places , i draw only this conclusion in general , that neither the points now in controversie amongst christians of different sects , or in any point that ever shall be in controversie , excepting only those that are contained in this article , jesus is the christ , are necessary to salvation , as of faith ; though in matter of obedience , a man may be bound not to oppose the same . . although to the obtaining of salvation , there be required no more , as hath been already declared out of the holy scriptures , as matter of faith , but the belief of those fundamental articles before set forth , neverthelesse , there are required other things , as matter of obedience . for as it is not enough in temporal kingdoms ( to avoid the punishment which kings may inflict ) to acknowledge the right and title of the king , without obedience also to his laws ; so also it is not enough , to acknowledge our saviour christ to be the king of heaven , in which consisteth christian faith , unless also we endeavour to obey his lawes , which are the lawes of the kingdome of heaven , in which consisteth christian obedience . and forasmuch as the laws of the kingdom of heaven , are the laws of nature , as hath been shewed , part. . chap. . not only faith , but also the observation of the law of nature , which is that for which a man is called just or righteous , ( in that sense , in which justice is taken not for the absence of guilt , but for the endeavor and constant will to do that which is just ) not only faith , but this justice , which also from the effect thereof , is called repentance , and sometimes works , is necessary to salvation . so that faith and justice do both concur thereto ; and in the several acceptation of this word justification , are properly said both of them to justifie ; and the want of either of them is properly said to condemn . for not only he that resisteth a king upon doubt of his titl● , but also he that doth it upon the inordinatenesse of his passions , deserveth punishment . and when faith and works are separated , not only the faith is called dead without works , but also works are called dead works without faith , and therefore s. james , chap. . . saith , even so the faith , if it have no works , is dead in it self , and vers. . for as the body without the spirit is dead , even so faith without works is dead . and s. paul , heb. . . calleth works without faith , dead works , where he saith ; not laying again the foundation of repentance from dead works . and by these dead works , is understood not the obedience and justice of the inward man , but the opus operatum , or external action , proceeding from fear of punishment , or from vain glory , and desire to be honoured of men : and these may be separated from faith , and conduce no way to a mans justification . and for that cause , s. paul , rom. . excludeth the righteousness of the law , from having part in the justification of a sinner . for by the law of moses , which is applyed to mens actions , and requireth the absence of guilt , all men living are liable to damnation , and therefore no man is iustified by works , but by faith only . but if workes be taken for the endeavour to doe them , that is , if the will be taken for the deed , or internal , for external righteousness , then doe works contribute to salvation . and then taketh place that of s. james , chap. . . ye see then how that of works a man is iustisted , and not of faith only . and both of these are ioyned to salvation , as in s. mark . . . repent and believe the gospel . and luk. . . when a certain ruler asked our saviour , what he ought to doe to inherit eternal life , he propounded to him the keeping of the commandements ; which when the ruler said he had kept , he propounded to him the faith , sell all that thou hast , and fellow me . and joh. . . he that beleeveth in the son , hath everlasting life . and he that obeyeth not the son , shall not see life . where he manifestly ioyneth obedience and faith together . and rom . . the just shall live by faith : not every one , but the just . for also the devils beleeve and tremble . but though both faith and justice ( meaning still by justice , not absence of guilt , but the good intentions of the mind , which is called righteousness by god , that taketh the will for the deed ) be both of them said to iustifie , yet are their parts in the act of justification to be distinguished . for justice is said to iustifie , not because it absolveth , but because it denominates him just , and setteth him in an estate , or capacity of salvation , whensoever he shal have faith . but faith is said to justifie , that is , to absolve , because by it a iust man is absolved of , and forgiven his uniust actions . and thus are reconciled the places of s. paul , and s. james , that faith only iustifieth , and a man is iustified by faith onely : and shewed how faith and repentance must concur to salvation . . these things considered , it will easily appear , that under the soveraign power of a christian common vvealth , there is no danger of damnation from simple obedience to humane lawes : for in that the soveraign alloweth christianity , no man is compelled to renounce that faith , which is enough for his salvation , that is to say , the fundamental points . and for other points , seeing they are not neces●ary to salvation , if we conform our actions to the lawes , we do not only what we are allowed , but also what we are commanded by the law of nature , which is the morall law taught by our saviour himself . and it is part of that obedience , which must concur to our salvation . . and though it be true , whatsoever a man doth against his conscience , is sin , yet the obedience in these cases is neither sin , nor against the conscience . for the conscience being nothing else but a mans setled judgement and opinion , when he hath once transferred his right of judging to another , that which shall be commanded , is no lesse his judgement , then the judgement of that other . so that in obedience to lawes , a man doth still according to his owne conscience , but not his private conscience . and whatsoever is done contrary to private conscience , is then a sin , when the lawes have left him to his own liberty , and never else . and then whatsoever a man doth , not only believing it is ill done , but doubting whether it be ill or not , is done ill , in case he may lawfully omit the doing . . and as it hath been proved , that a man must submit his opinions in matter of controversie to the authority of the common wealth , so also is the same confest by the practice of every one of them that otherwise deny it . for who is there differing in opinion from another , and thinking himself to be in the right , and the other in the wrong , that would not think it reasonable , if he be of the same opinion that the whole state alloweth , that the other should submit his opinion also thereunto ; or that would not be content , if not that one or a few men , yet all the divines of a whole nation , or at least an assembly of all those he liketh , should have the power to determine all the controversies of religion ? or , who is there that would not bee content , to submit his opinions either to the pope , or to a genenerall councel , or to a provincial councel , or to a presbyterie of his owne nation ? and yet in all these cases hee submitteth himselfe to no greater then humane authoritie . nor can a man bee said to submit himselfe to holy scripture , that doth not submit himselfe to some or other for the interpretation thereof . or , why should there bee any church government at all instituted , if the scripture it selfe could doe the office of a judge in controversies of faith , ? but the truth is apparent , by continuall experience , that men seeke not onely liberty of conscience , but of their actions , nor that onely , but a farther liberty of perswading others to their opinions ; nor that onely , for every man desireth that the soveraign authoritie , should admit no other opinions to bee maintained , but such as hee himselfe holdeth . . the difficulty therefore of obeying both god and man in a christian common wealth is none : all the difficulty resteth in this point , whether hee that hath received the faith of christ , having before subiected himselfe to the authoritie of an infidell , bee discharged of his obedience thereby , or not , in matters of religion . in which case it seemeth reasonable to thinke , that since all covenants of obedience are entred into for the preservation preservation of a mans life , if a man be content without resistance to lay down his life , rather then obey the commands of an infidel , in so hard a case he hath sufficiently discharged himself thereof . for no covenant bindeth farther then to endeavour ; and if a man cannot assure himself to perform a iust duty , when thereby he is assured of present death , much less it can be expected , that a man should perform that , for which he believeth in his heart he shall be damned eternally . and thus much concerning the scruple of conscience , that may arise concerning obedience to humane lawes , in them that interpret the law of god to themselves . it remaineth , to remove the same scruple from them , that submit their controversies to others not ordained thereunto by the soveraign authority . and this i refer to the chapter following . chap. vii . . the questions propounded , who are the magistrates in the kingdome of christ . . the questions exemplified , in the controversies between moses and aaron , and between moses and corah . . amongst the jews , the power temporal and spiritual in the same hand . . parallel of the twelve princes of israel , and the twelve apostles . . parallel of seventy elders , and seventy disciples . . the hierarchy of the church in our saviours time , consisted in the twelve , and in the seventy . . why christ ordained not priests for sacrifices , as moses did . . the hierarchy of the church in the apostles time , apostles , bishops , and priests . . the preaching of the gospel , was not commanding , but perswading . . excommunication . soveraignes immediate rulers ecclesiasticall under christ . . that no man hath any just pretence of religion against obedience to common-vvealth . god speaketh to man by his vicegerents . in the former chapter have been removed those difficulties opposing our obedience to humane authority ; which arise from misunderstanding of our saviours title and lawes : in the former whereof , namely , his title , consisteth our faith ; and in the latter , our justice . now they who differ not amongst themselves concerning his title , and lawes , may neverthelesse have different opinions concerning his magistrates , and the au●hority he hath given them . and this is the cause , why many christians have denyed obedience to their princes , pretending that our saviour christ hath not given this magistracy to them but to others . as for example , some say , to the pope universally ; some to a synod aristocratical ; some , to a synod democraticall in every several common vvealth ; and the magistrates of christ being they by whom he speaketh , the question is , whether he ●peak unto us by the pope , or by convocations of bishops and ministers , or by them that have the soveraign power in every common-wealth . . this controversie was the cause of those two mutinies , that happened against moses in the wilderness . the first by aaron and his sister miriam , who took upon them to censure moses for marrying an ethiopian woman . and the state of the question between them and moses , they set forth , numb. . . in these words , vvhat hath the lord spoken but only by moses ? hath be not spoken also by us ? and the lord heard this , &c. and punished the same in miriam , forgiving aaron upon his repentance . and this is the case of all them that set up the priest-hood against the soveraignty . the other was of corah , dathan , and abiram , who with two hundred and fifty captains gathered themselves together against moses , and against aaron . the state of their controversie was this , whether god were not with the multitude , as well as with moses , and every man as holy as he . for numb. . . thus they say , you take too much upon you , seeing all the congregation is holy , every one of them , and the lord is amongst them : wherefore then lift ye your selves above the congregation of the lord ? and this is the case of them that set up their private consciences , and unite themselves to take the government of religion out of the hands of him or them , that have the soveraign power of the common wealth : which how well it pleaseth god , may appear by the hideous punishment of corah and his complices . . in the government therefore of moses , there was no power neither civil , nor spiritual , that was not derived from him . nor in the state of israel under kings , was there any earthly power by which those kings were compellable to any thing , or any subiect allowed to resist them in any case whatsoever . for though the prophets by extraordinary calling , did often admonish and threaten them , yet they had no authority over them . and therefore amongst the jews , the power spirituall and temporall , was alwayes in the same hand , . our saviour christ , as he was the rightful king of the jewes in particular , as well as king of the kingdome of heaven , in the ordaining of magistrates , received that form of policy , which was used by moses . according to the number of the children of jacob , moses tooke unto him by the appointment of god , numb. . . twelve men , every one of the chief of their tribe , which were to assist him in the muster of israel . and these twelve , vers. . are called the princes of israel , twelve men , every one for the house of their fathers , which are said also , numb. . . to be heads over the houses ●f their fathers and princes of the tribes , and ●ver them that were numbred . and these were every one equall amongst themselves , in like manner our saviour tooke unto him twelve apostles to be next unto him in authority , of whom he saith , matth. . . when the son of man shall sit in the throne of his maiesty , ye shall follow me in the regeneration , shall sit also upon twelve thrones , and iudge the twelve tribes of israel . and concerning the equality of the twelve apostles amongst themselves , our saviour saith , matth. . . ye know that the lords of the gentiles have domination over them , &c. vers. . but it shall not be so amongst you ; but whosoever will be greatest among you , let him be your servant . and matth. . . he that is greatest among you , let him be your servant , and a little before , vers. . be not called rabbi , for one is your doctor , christ , and all ye are brethren . and act. . in the chusing of matthias to be an apostle , though s. peter used the part of a prolocutor , yet did no man take upon him the authority of election , but referred the same to lot . . again moses had the command of god , num. . . gather to me seventy men of the elders of israel , whom thou knowest that they are the elders of the people , and governors over them , and bring them unto the tabernacle , &c. and moses did accordingly , vers . . and these were chosen to help moses in bearing the burthen of the government , as appeareth vers. . of the same chapter . and as the twelve princes of the tribes were according to the number of jacobs children ; so were the seventy elders according to the number of the persons that went down with jacob into egypt . in like manner our saviour in his kingdome of heaven , the church , out of the whole number of those that believed in him , ordained seventy persons , which peculiarly were called the seventy disciples , to whom he gave power to preach the gospel and baptize . . in our saviours time therefore , the hierarchy of the church consisted ( besides himself that was the head ) of twelve apostles , who were equal amongst themselves , but ordained over others , as were the twelve heads of the tribes , or seventy disciples , who had every one of them power to baptize and teach , and help to govern the whole flock . . and whereas in the common wealth instituted by moses , there was not only an high priest for the present , but also a succession and order of priest ; it may be demanded why our saviour christ did not ordain the like ? to which may be answered , that the high priesthood , for as much as concerneth the authority thereof , was in the person of christ , as he was christ , that is , king . so also was it in moses , aaron having the ministerial part only . for notwithstanding that aaron was the high priest , yet the consecration of him belonged to moses exod. . . all the utensils of sacrifice , and other holy things , were ordered by moses , and in sum , the whole levitical law was delivered by god , by the hand of moses , who was to aaron a god ; and aaron to him a mouth . and for the ministerial part , there could no high priest be ordained but himself : for seeing our saviour was himself the sacrifice , who but himself could offer him up ? and for the celebration of that sacrifice for ever after , our saviour annexed the priest-hood to those whom he had appointed to govern in the church . . after the ascension of our saviour , the apostles dispersed themselves for the spreading of the gospel , and continually as they converted any number of men , in any city , or region , to the faith ; they chose out such as they thought fittest to direct them in matter of conversation and life , according to christs law , and to explicate unto them , that mysterie of christ come in the flesh , that is to say , to unfold unto them at large the office of the messiah . and of those elders some were subordinate to others , according as the apostles who ordained them , thought meet : so s. paul gave power unto titus , to ordain elders in crete , & to redress things that were amiss . so that titus was an elder & ordained elders . tit. . . for this cause i left thee in creet , that thou shouldest continue to redress the things that remain , & ordain elders in every city , where the word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is constitute ; whereby it appeareth , that in the apostles times , one elder had authority over another , to ordain and rule them . for , tim. . . timothy an elder , is made iudg of accusations against other elders . and act. . . the disciples are said to ordain elders , for all the congregations of the cities , they had preached in . and though the word there be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , yet it signifieth not election , by holding up of hands , but simply and absolutely ordination . for the ordinary chusing of magistrates amongst the grecians , which were all either popularly governed , or else by oligarehy , being performed by holding up of hands , made that word be taken simply , for an election , or ordination , howsoever made . and thus in the primitive church , the hierarchy of the church was apostles , elders that governed other elders , and elders that ruled not , but their office was to preach , to administer the sacraments , to offer up prayers and thanksgiving in the name of the people . but at that time there appeared no distinction between the names of bishop and elder . but immediatly after the apostles time , the word bishop was taken to signifie such an elder as had the government of elders ; and other elders , were called by the name of priests , which signifieth the same that elder doth . and thus the government of bishops hath a divine pattern in the twelve rulers , and seventy elders of israel , in the twelve apostles , and seventy disciples of our saviour , in the ruling elders , and not ruling-elders in the time of the apostles . . and thus much of the magistrates over christs flock in the primitive church . for the office of a minister , or ministress was to be subiect to the flock , and to serve them in those things which appertained to their temporal business . the next thing to be considered is the authority which our saviour gave to them , either over those whom they had converted , or those whom they were about to convert . and for these latter , which as yet were without the church , the authority which our saviour gave to his apostles was no more but this , to preach unto them that jesus was the christ , and to explicate the same in all points , that concern the kingdome of heaven , and to perswade men to embrace our saviours doctrine , but by no meanes to compel any man to be subiect to them : for seeing the lawes of the kingdom of heaven , as hath been shewed , par. . chap. . sect. . are dictated to the conscience onely , which is not subiect to compulsion and constraint , it was not congruent to the style of the king of heaven to constrain men to submit their actions to him , but to advise them only ; nor for him that professeth the sum of his law to be love , to extort any duty from us with feare of temporall punishment . and therefore as the mighty men in the world , that hold others in subiection , by force , are called in scripture by the name of hunters , so our saviour calleth those whom he appointed to draw the world unto him , by subduing their affections , fishers . and therefore he saith to peter and andrew , math . . follow me and i will make yee fishers of men . and luke . . behol● ( saith christ ) i send yee forth as lambs amongst wolves . and it were to no end to give them the right of compelling without strengthing the same with greater power then of lambs amongst wolves . moreover , math . where our saviour giveth a commission to his twelve apostles . to go forth and convert the nations to the faith , he giveth them no authority of coercion and punishment , but only saith , vers. . whosoever shall not receive you , nor hear your words , when ye depart out of that house or that city , shake off the dust of your fee . it shall be easier for the land of sodome and gomorrah in the day of judgmemt then for that city . whereby it is manifest , that all that the apostles could do by their authority , was no more than to renounce communion with them , and leave their punishment to god almighty , in the day of judgement . likewise the comparisons of the kingdom of heaven , to the seed math . . and to the leven , math . . doth intimate unto us , that the increase thereof ought to proceed from internall operation of gods word preached , and not from any law or compulsion of them that preach it . moreover our saviour himselfe saith joh. . . that his kingdome is not of this world , and consequently his magistrates derive not from him any authority of punishing men in this world . and therefore also math . . after s. peter had drawn his sword in his defence , our saviour saith , put up thy sword into his place . for all that take the sword , shall perish by the sword . and vers. . how then shal the scriptures be fullfilled , which say , that it must be so ? shewing out of the scriptures , that the kingdome of christ was not to be defended by the sword . . but concerning the authority of the apostles or bishops over those who were all-ready converted and within the church , ●here be that think it greater then over them ●ithout . for some have said . though the law of christ deprive no prince of his dominion , and paul did rightly appeal unto cesar , whilst kings were ●nfidells and out of the church , yet when they became christians , and of their own accord under went the lawes of the gospel , presently as sheep to a shepherd , and as members to the head , they became subiect to the prelate of the ecclesiastical hierarchy . bell. lib. de rom. pont. chap. . which whether it be true or not , is to be considered by that light which we have from the holy scripture , concerning the power of our saviour and his apostles ▪ over such as they had converted . but our saviour , as he imitated the common-wealth of the jewes in his magistrates , the twelve and the seventy , so did he also in the censure of the church , which was excommunication ; but amongst the jews , the church did put the excommunicated persons from the congregation , which they might do by their power temporall ; but our saviour and his apostles , who took upon them no such power , could not forbid the excommunicated person to enter into any place and congregation , into which he was permitted to enter , by the prince , or soveraign of the place . for that had been to deprive the soveraign of his authority . and therefore the excommunication of a person subject to an earthly power , was but a declaration of the church , which did excommunicate , that the person so excommunicated was to be reputed still as an infidell , but not to be driven by their authority out of any company , he might otherwise lawfully come into . and this is it our saviour saith , math. . . if he refuse to hear the church , let him be unto thee as an heathen man and a publican . so that the whol effect of excommunicating a christan prince , is no more then he or they that so excommunicate him depart and banish themselves out of his dominion . nor can they thereupon discharge any of his subjects of their obedience to him ; for that were to deprive him of his dominion ; which they may not do , for being out of the church . it is confessed by them that make this objection , and proved in the former section , that our saviour gave no authority to his apostles to be judges over them . and therefore in no case can the soveraign power of a common-wealth be subject to any authority ecclesiasticall , besides that of christ himselfe . and though he be informed concerning the kingdome of heaven and subiect himselfe thereto , at the perswasions of persons ecclesiasticall , yet is he not thereby subiect to their goverment and rule . for if it were by their authority he took that yoke upon him , and not by their perswasion , then by the same authority he might cast it off . but this is unlawfull . for i● all the churches in the world should renounce the christian faith , yet is not this sufficient authority for any of the members to do the same . it is manifest therefore , that they who have soveraign power , are immediate rulers of the church under christ , and all other but subordinate to them . if that were not , but kings should command one thing upon pain of death , and priests another , upon pain of damnation , it would be impossible that peace and religion should stand together . . and therefore there is no iust cause for any man to withdraw his obedience from the soveraign state , upon pretence , that christ had ordained any state ecclesiasticall above it . and though kings take not upon them the ministeriall priesthood , yet are they not so meerly laick , as not to have sacerdotall jurisdiction . to conclude this chapter ; since god speaketh not in these dayes to any man by his private interpretation of the scriptures , nor by the interpretation of any power above or not depending on the soveraign power of every common wealth , it remaineth , that he speaketh by his vice-gods , or lievtenants here on earth , that is to say , by soveraign kings , or such as have soveraign authority as well as they . chap. viii . the things that dispose to rebellion , discontent , pretence , and hope of successe . . discontent that disposeth to sedition , consisteth partly in fear of want , or punishment . . partly in ambition . . six heads of pretences to rebellion . the first of them , that men ought to do nothing against conscience , confuted . . the second , that soveraigns are subiect to their own lawes , confuted . . the third , that the soveraignty is divisible , confuted . . the fourth , that subiects have a propertye distinct from the dominion of the soveraign confuted . . the fift . that the people is a person distinct from the soveraign , confuted . . the sixt , that tirannicide is lawfull confuted . . foure heads of hope of successe in rebellion . . two things necessary to an author of rebellion , much eloquence , and little wisdome . . that the authors of rebellion necessarily are to be men of little wisdome . . that the same are necessarily eloquent . . in what manner they concur to their common effects . hitherto of the causes why , and the manner how , men have made common wealths . in this chapter i shall shew breifly by what causes , and in what manner they be again destroyed ; not meaning to say any thing concerning the dissolution of a common wealth , from forreign invasions , which is as it were the violent death thereof . i shall speak only of sedition , which is also the death of the common-wealth , but like to that which happeneth to a man from sicknesse and distemper . to dispose men to sedition , three things concur . the first is discontent ; for as long as a man thinketh himself wel , and that the present government standeth not in his way to hinder his proceeding from well to better , it is impossible for him to desire the change thereof . the second is pretence of right ; for though a man be discontent , yet if in his own opinion there be no iust cause of stirring against , or resisting the government established , nor any pretence to justify his resistance , and to procure aid , he will never shew it . the third is hope of success : for it were madness to attempt without hope , when to fail , is to dye the death of a traytor . without these three , discontent , pretence , and hope , there can be no rebellion : and when the same are all together , there wanteth nothing thereto , but a man of credit to set up the standard , and to blow the trumpet . . and as for discontent , it is of two sorts : for it consisteth either in bodily pain present or expected , or else in trouble of the mind ; ( which is the general division of pleasure and pain , part . cha. sect. . ) the presence of bodily pain disposeth not to sedition ; the feare of it doth . as for example ; when a great multitude or heap of people , have concurred to a crime worthy of death , they joyn together , and take armes to defend themselves for feare thereof . so also the feare of want , or in present want , the feare of arrests and imprisonment dispose to sedition . and therefore great exactions , though the right thereof be acknowledged , have caused great seditions . as in the time of hen . the seditions of the cornish men that refused to pay a subsidy , and under the conduct of the lord audley , gave the king battel upon black heath ; and that of the northern people , who in the some kings time , for demanding a subsidy granted in parliament , murthered the ea●l of northumberland in his house . . thirdly , the other sort of discontent , which troubleth the mind of them who otherwise live at ease , without fear of want , or danger of violence , ariseth only from a sense of their want of that power , and that honour and testimony thereof , which they think is due unto them . for all joy and grief of mind consisting ( as hath been said part . chap. . sect. . ) in a contention for precedence to them with whom they compare themselves , such men must needs take it ill , and be greived with the state , as finde themselves postposed to those in honour , whom they think they excell in virtue and ability to govern . and this is it for which they think themselves regarded but as slaves . now seeing freedom cannot stand together with subiection , liberty in a common wealth is nothing but government and rule , which because it cannot be divided , men must expect in common ; and that can be no where but in the popular state or democracy . and aristotle saith well , lib. . c. . of his politicks , the ground or intention of a democracy , is liberty . vvhich he confirmeth in these words ; for men ordinarily say this , that no man can partake of liberty , but only in a popular common wealth : whosoever● therefore in a monarchicall estate ▪ where the soveraign power is absolutely in one man , claimeth liberty , claimeth ( if the hardest construction should be made thereof ) either to have the soveraignty in his turn , or to be collegue with him that hath it ; or to have the monarchy changed into a democracy . but if the same be construed ( with pardon of that unskilful expression ) according to the intention of him that claimeth , then doth he thereby claim no more but this , that the soveraign should take notice of his ability and deserving , and put him into imployment and place of subordinate government , rather then others that deserve lesse . and as one claimeth , so doth another , every man esteeming his own desert greatest . amongst all those that pretend to , or are ambitious of such honour , a few only can be served , unlesse it be in a democracy ; the rest therefore must be discontent . and so much of the first thing that disposeth to rebellion , namely , discontent consisting in fear , and ambition . . the second thing that disposeth to rebellion , is pretence of right . and that is when men have an opinion , or pretend to have an opinion , that in certain cases they may lawfully resist him or them that have the soveraign power , or deprive him or them of the means to execute the same . of which pretences , there be six special cases . one is , when the command is against their conscience , and they believe , it is unlawful for a subiect at the command of the soveraign power , to doe any action , which he thinketh in his own conscience not lawfull for him to do , or to omit any action , which he thinketh not lawful for him to omit . another is , when the command is against the lawes , and they think the soveraign power in such sort obliged to his own lawes , as the subiect is ; and that when he performeth not his duty , they may resist his power . a third is , when they receive commands from some man or men , and a supersedeas to the same from others , and think the authority is equal , as if the soveraign power were divided . a fourth is , when they are commanded to contribute their persons or money to the publick service , and think they have a propriety in the same distinct from the dominion of the soveraign power ; and that therefore they are not bound to contribute their goods and persons , no more then every man shall of himself think fit . a fifth , when the commands seem hurtfull to the people ; and they think every one of them , that the opinion and sense of the people , is the same with the opinion of himselfe , and those that consent with him , calling by the name of people , any multitude of his own faction . the sixth is , when the commands are grievous ; and they account him that commandeth grievous things , a tyrant ; and a tyrannicide , that is the killing of a tyrant , not onely lawful , but also laudable . . all these opinions are maintained in the books of the dogmaticks , and divers of them taught in publick chaires , and neverthelesse are most incompatible with peace and government , and contradictory to the necessary and demonstrable rules of the same . and for the first , namely , that a man may lawfully doe or omit any thing against his conscience , and from whence arise all seditions concerning religion and ecclesiasticall government , it hath been plainly declared in the two last chapters , that such opinion is erroneous . for those two chapters have been wholly spent , to prove , that christian religion not onely forbiddeth not , but also commandeth , that in every common wealth , every subiect should in all things to the uttermost of his power , obey the commands of him or them that is the soveraign thereof , and that a man in so obeying , doth according to his conscience and judgement , as having deposited his judgement in all controversies in the hands of the soveraign power ; and that this errour proceedeth from the ignorance of what and by whom god almighty speaketh . . as for the second opinion , which is this , that the soveraign is in such sort obliged to his own laws , as the subiect is ; the contrary thereof hath been shewed , part . chap. . sect. , , , , , . by which it appeareth , that the soveraign power is not to be resisted ; that it carryeth the sword both of war and justice ; that it hath right of deciding all controversies , both judicial , and deliberative ; that it hath the the making of all the lawes civill , that it appointeth magistrates and publick ministers , and that it implyeth an universall impunity . how can he or they be said to be subiect to the lawes which they may abrogate at their pleasure , or breake without feare of punishment ? and this error seemeth to proceed from this , that men ordinarily understand not aright , what is meant by this word law , confounding law and covenant , as if they signifie the same thing . but law implyeth a command ; covenant is but a promise . and not every command is a law , but only ( part . chap. . sect. . ) when the command is the reason we have of doing the action commanded . and then only is the reason of our actions in the command , when the omitting is therefore hurtful , because the action was commanded , not because it was hurtful of it self ; and doing contrary to a command , were not at all hurtful , if there were not a right in him that commandeth to punish him that so doth . he or they that have all punishments in their own disposing , cannot be so commanded , as to receive hurt for disobeying , and consequently no command can be a law unto them . it is an errour therefore to think , that the power which is virtually the whole power of the common wealth , and which in whomsoever it resideth , is usually called supream , ●r soveraign , can be subiect to any law but that of god almighty . . the third opinion , that the soveraign power may be divided , is no less an errour then the former , as hath been proved , part . chap. . sect. . and if there were a common wealth wherein the rights of soveraignty were divided , we must confess with bod●n , lib. . chap. . de repub. that they are not rightly to be called common wealths but the corruption of common wealths . for if one part should have power to make the laws for all , they would by their laws at their pleasure , forbid others , to make peace or war , to levy taxes , or to yeild fealty and homage without their leave ; and they that had the right to make peace and war , and command the militia , would forbid the making of other lawes , then what themselves liked . and though monarchies stand long , wherein the right of soveraignty hath seemed so divided , because monarchy of it self is a durable kind of government , yet monarchs have been thereby diverse times thrust out of their possession . but the truth is , that the right of soveraignty is such , as he or they that have it , cannot ( though they would ) give away any part thereof , and retaine the rest. as for example ; if we should suppose the people of rome to have had the absolute soveraignty of the romane state , and to have chosen them a councel by the name of the senate , and that to this senate they had given the supream power of making lawes , reserving nevertheless to themselves in direct and express terms , the whole right and title of the soveraignty ; ( which may easily happen amongst them that see not the inseparable connexion between the soveraign power , and the power of making lawes ) i say , this grant of the people to the senate , is of no effect , and the power of making lawes is in the peopl● still . for the senate understanding it to be the will , in intention of the people to r●tain the soveraignty , ought not to take that for granted , which was contradictory thereto , and passed by error . for part . chap. . sect. . in contradictory promises , that which is directly promised , is preferrd before that which is oppositp thereunto by consequence , because the consequence of a thing is not alwaies obscured , as is the thing it self . the error concerning mixt government hath proceeded from want of understanding of what is ment by this word , body politick , and how it signifieth not the concord , but the union of many men . and though in the chapters of subordinate corporations , a corporation being declared to be one person in law , yet the same hath not been taken notice of in the body of a common wealth or city , nor have any of those inumerable writers of politicks , observed and such union . . the fourth opinion , to wit , that subiects have their meum , tuum , & suum , in property , not only by virtue of the soveraign power over them all , distinct from one another , but also against the soveraign himself , by which they would pretend to contribute nothing to the publick , but what they please , hath been already confuted , by proving the absoluteness of the soveraignty and more perticularly , part . chap. . sect. . and ariseth from this , that they understand not ordinarily that before the institution of soveraign power , meum & tuum implyed no propriety , but a community , where every man had right to every thing , and was in state of war with every man . . the fifth opinion , that the people is a distinct body from him or them that have the soveraignty over them , is an error already confuted part . chap. . sect. . where is shewed , that when men say , the people rebelleth , it is to be understood of those particular persons onely and not of the whole nation . and when the people claimeth any thing otherwise then by the voice of the soveraign power , it is not the claim of the people , but only of those particular men , that claim in their own persons . and this error ariseth from the equivocation of the word people . lastly , for the opinion , that tyrannicide is lawfull , meaning by a tyrant , any man in whom resideth the right of soveraignty , is no lesse false and pernicious to humane society , then frequent in the writings of those moral philosophers , seneca and others , so greatly esteemed amongst us . for when a man hath the right of soveraignty , he cannot iustly be punished , as hath been often shewed already , and therefore much lesse deposed , or put to death . and howsoever he might deserve punishment , yet punishment is uniust without judgment preceding , and judgment uniust without power of judicature , which a subiect hath not over a soveraign . but this doctrine proceedeth from the schools of greece , and from those that writ in the romane state , in which not onely the name of a tyrant , but of a king was hatefull . . beside discontent to the disposing of a man to rebellion , and pretence there is required in the third place , hope of successe , which consisteth in foure points : . that the discontented have mutual intelligence . . that they have sufficient number . . that they have armes . . that they agree upon an head . for these four must concur to the making of one body of rebellion , in which intelligence is the life , number the limbs , arms the strength , and an head the unity , by which they are directed to one and the same action . . the authors of rebellion , that is , the men that breed these dispositions to rebel in others , of necessity must have in them these three qual●ties . . to be discontented themselves . . to be men of mean judgment and capacity . and thirdly , to be eloquent men , or good orators . and as for their discontent , from whence it may proceed , hath been already declared and for the second and third , i am to shew now , first , how they may stand together ; for it seemeth a contradiction , to place small judgement , & great eloquence , or ( as they call it ) powerful speaking in the same man . and then in what manner they concur , to dispose other men to sedition . . it was noted by salust , that in catiline ( who was author of the greatest sedition that ever was in rome ) there was eloquentiae satis , sapientiae parum , eloquence sufficient but little wisdome . and perhaps this was said of catiline , as he was catiline . but it was true of him , as an author of sedition . for , the coniunction of these two qualities made him not catiline , but seditious . and that it may be understood , how want of wisdome , and store of eloquence , may stand together , we are to consider , what it is we call wisdome , and what eloquence . and therefore i shall here again remember some things , that have been said already , part . chap. . . it is manifest that wisdome consisteth in knowledge . now of knowledge there are two kinds ; whereof the one is the remembrance of such things , as we have conceived by our sences , and of the order , in which they follow one another . and this knowledge is called experience ; and the wisdom that proceedeth from it , is that ability to coniecture by the present , of what is past , and to come , which men call prudence . this being so , it is manifest presently , that the author of sedition , whosoever he be , must not be prudent . for if he consider and take his experience aright , concerning the success which they have had , who have been the movers and authors of sedition , either in this or any other state , he shall find , that for one man that hath thereby advanced himself to honour , twenty have come to a reproachful end . the other kind of knowledge , is the remembrance of the names or appellations of things , and how every thing is called , which is in matters of common conversation , a remembrance of pacts and covenants of men made amongst themselves , concerning how to be understood of one another . and this kind of knowledge is generally called science , and the conclusions thereof truth . but when men remember not how things are named , by general agreement , but either mistake & mis-name things , or name them aright by chance , they are not said to have science , but opinion , and the conclusions thence proceeding , are uncertain , and for the most part erroneous . now that scie●ce in particular , from which proceed the true and evident conclusions of what is right and wrong , and what is good and hurtful to the beeing , and well-being of mankind , the latines call sapientia , and wee by the generall name of wisdome . for generally , not he that hath skill in geometry , or any other science speculative , but only he that understandeth what conduceth to the good and government of the people , is called a wise man . now that no author of sedition can be wise in this acceptation of the word , is sufficiently proved , in that it hath been already demonstrated , that no pretence of sedition can be right or just . and therefore the authors of sedition must be ignorant of the right of state , that is to say , unwise . it remaineth therefore , that they be such , as name things , not according to their true and generally agreed upon names , but call right and wrong , good and bad , according to their passions , or according to the authorities of such , as they admire , as aristotle , cicero , seneca , and others of like authority , who have given the names of right and wrong , as their passions have dictated ; or have followed the authotity of other men , as we do theirs . it is required therefore in an author of sedition , that he think right , that which is wrong ; and profitable , that which is pernicious ; and consequently that there be in him sapientiae parum , little wisdome . . eloquence is nothing else but the power of winning belief of what we say . and to that end we must have ayd from the passions of the hearer . now to demonstration and teaching of the truth , there are required long deductions , and great attention , which is unpleasant to the hearer . therefore they which seek not truth , but belief , must take another way , and not only derive what they would have to be believed from somewhat believed already , but also by aggravations and extenuations , make good and bad , right & vvrong , appear great or lesse , according as shall serve their turnes . and such is the power of eloquence , as many times a man is made to believe thereby , that hee sensibly feeleth smart and damage , when he feeleth none , and to enter into rage and indignation , without any other cause , then what is in the words and passion of the speaker . this considered , together with the businesse that he hath to do , who is the author of rebellion , namely , to make men believe , that their rebellion is just , their discontents grounded upon great iniuries , and their hopes great ; there needeth no more to prove , there can be no author of rebellion , that is not an eloquent and powerfull speaker , and withall ( as hath been said before ) a man of little wisdome . for the faculty of speaking powerfully , consisteth in an habit gotten of putting together passionate words , and applying them to the present passions of the hearer . . seeing then eloquence and want of discretion concur to the stirring of rebellion , it may be demanded , what part each of these acteth therein . the daughters of pelias king of thessaly , desiring to restore their old decrepit father to the vigour of his youth , by the counsell of medea , chopped him in pieces , and set him a boyling with i know not what herbs in a cauldron , but could not revive him again . so when eloquence and want of judgement go together , ●ant of judgment like the daughters of pelias consenteth through eloquence , which is as the witchcraft of medea , to cut the common wealth in peices , upon pretence , or hope of reformation , which when things are in combustion , they are not able to effect . chap. ix . . the law over soveraigns , salus populi . . that soveraigns ought to establish the religion they hold , for best . . that to forbid unnatural copulation , promiscuous use of women &c. is the law of nature . . that to leave man as much liberty as may be , &c is the duty of a soveraign by the law of nature . . meum & tuum to be set out to the subjects distinct from one another , &c. a duty of soveraigns by the law of nature . . an extraordinary power for judging the abuses of magistrates necessary , &c. . the suppressing of popularity , &c. necessary , &c. . the institution of youth , &c. necessary , &c. . avoiding of unnecessary war , a necessary duty of the soveraign , ctc. having hitherto set forth how a body politick is made , and how it may be destroyed , this place requireth to say something concerning the preservation of the same , not purposing to enter into the particulars of the art of government , but to sum up the general heads , wherein such art is to be imployed , and in which consisteth the duty of him or them that have the soveraign power . for the duty of a soveraign consisteth in the good government of the people . and although the acts of soveraign power be no injuries to the subiects who have consented to the same by their implicite wills , yet when they tend to the hurt of the people in general , they be breaches of the law of nature , and of the divine law ; and consequently the contrary acts are the duties of soveraigns , and required at their hands to the utmost of their endeavour by god almighty , under the pain of eternall death . and as the art and duty of soveraigns consist in the same acts , so also doth their profit . for the end of art is profit , and governing to the profit of the subiects , is governing to the profit of the soveraign , as hath been shewed part . chap. . sect. . and these three : . the law over them that have soveraign power . their duty ; . their profit , are one and the same thing contained in this sentence , salus populi suprema lex . by which must be understood , not the meer preservation of their lives , but generally their benifit and good . so that this is the generall law for soveraigns , that they procure to the uttermost of their endeavour , the good of the people . . and for as much as eternal , is better ●●en temporal good , it is evident , that they ●ho are in soveraign authority , are by the ●aw of nature obliged to further the esta●lishing of al such doctrines and rules , and the commanding of all such actions , as in ●heir conscience they beleive to be the true ●ay thereunto . for unless they do so , it ●annot be said truly , that they have done the ●ttermost of their endeavour . . for the tempo●al good of the people , ●●consisteth in four points : . multitude 〈◊〉 commodity of living . . peace amongst themselves . . defence against forraign ●ower . concerning multitude . it is the ●uty of them that are in soveraign autho●●ty , to increase the people ; in as much as ●●ey are governours of mankind under god ●lmighty , who having created but one ●an , and one woman , declared , that it ●as his will they should be multiplyed and ●ncreased afterwards . and seeing this is to ●e done by ordinances concerning copu●ation , they are by the law of nature bound ●o make such ordinances concerning the ●ame , as may tend to the increase of man●ind . and hence it cometh , that in them ●ho have soveraign authority , not to for●id such copulations as are against the use 〈◊〉 nature ; not to forbid the promiscuous use ●f vvomen , not to forbid one vvomen to ●ave many husbands , not to forbid marriages within certain degrees of kindred and affinity , are against the law of nature . for though it be not evident , that a private man living under the law of natural reason only , doth break the same , by doing any of the things aforesaid , yet it is manifestly apparent , that being so prejudicial as they are to the improvement of mankind , that not to forbid the same , is against the law of natural reason , in him that hath taken into his hands any portion of mankind to improve . . the comodity of living consisteth in liberty and vvealth . by liberty i mean , that there be no prohibition without necessity of any thing to any man , which was lawful to him in the law of nature , that is to say , that there be no restraint of naturall liberty , but what is necessary for the good of the common vvealth , and that well-meaning men may not fall into the danger of lawes , as into snares , before they be aware . it appertaineth also to this liberty , that a man may have commodious passage from place to place , and not be imprisoned or confined with the difficulty of wayes , and want of means for transportation of things necessary . and for the wealth of people it consisteth in three things , the well ordering of trade , procuring of labour , and forbiding the superfluous consuming of food and apparel . all those therefore that are in soveraign authority , and have taken upon them the government of people , are bound by the law of nature to make ordinances consisting in the points afore named , as being contrary to the law of nature , unnecessarily either for ones own fancy , to inthrall , or ty men so , as they cannot move without danger , or to suffer them whose maintenance is our benefit , to want any thing necessary for them , by our negligence . . for maintaiinng of peace at home , there be so many things necessary to be considered , and taken order in , as there be several causes concurring to sedition . and first , it is necessary to set out to every subiect , his propriety and distinct lands and goods , upon which he may exercise , and have the benefit of his own industry , and without which , men would fall out amongst themselves , as did the heardsmen of abraham and lot , every man enchroaching and usurping as much of the common benefit as he can , which tendeth to quarel and sedition . secondly , to divide the burthens and charges of the common wealth proportionably . now there is a proportionably to every mans abilily , and there is a proportionably to his benefit by common weath . and this latter is it , which is according to the law of nature . for the burdens of the common wealth being the price that we pay for the benefit thereof , they ought to be measured thereby . and there is no reason , when two men equally enioying by the benefit of the common wealth , their peace and liberty , to use their industry to get their livings , where of one spareth , and laieth up somewhat , the other spendeth all he gets , why they should not equally contribute to the common charge . that seemeth therefore to be the most equall way of dividing the burden of publick charge , when every man shall contribute according to what he spendeth , and not according to what he gets . and this is then done , when men pay the common wealths part in the payments they make for their own provision . and this seemeth not only most equal , but also least sensible , and least to trouble the mind of them that pay it . for there is nothing so aggravateth the grief of parting with money to the publick , as to think they are over-rated , and that their neighbours whom they envy , do thereupon insult over them , and this disposeth them to resistance , and ( after that such resistance hath produced a mischief ) to rebellion . . an other thing necessary for the maintaining of peace , is the due execution of iustice ▪ which consisteth principally in the right performance of their duties , which are the magistrates , ordained for the same by and under the authority of the soveraign power , which being private men in respect of the soveraign , and consequently such as may have private ends , whereby they may be corrupted with gifts , or intercession of friends , ought to be kept in awe by an higher power , lest people ( greived by their injustice ) should take upon them to make their own revenges , to the disturbance of the common peace ; which can by no way be avoided in the prineipal and immediate magistrates , without the judicature of the soveraign himself , or some extraordinary power delegated by him . it is therefore necessary , that there be a power extraordinary , as there shall be occasion from time to time , for the syndication of judges and other magistates , that shall abuse their authority , to the wrong and discontent of the people , and a free and open way for the presenting of grievances to him or them that have the soueraign authority . . besides these considerations , by which are prevented the discontents that arise from oppression , there ought to be some meanes for the keeping under of those , that are disposed to rebellion by ambition ; which consist principally in the constancy of him that hath the soveraign power , who ought therefore constantly to grace and encourage such , as being able to serve the common wealth , do nevertheless contain themselves within the bounds of modesty , without repining at the authority of such as are imployed , and without aggravating the errours which ( as men ) they may commit , especially when they suffer not in their own particular ; and constantly to shew displeasure , & dislike of the contrary . and not only so , but also to ordain severe punishments for such , as shall by reprehension of publick actions , affect popularity and applause amongst the multitude , by which they may be enabled to have a faction in the common wealth at their devotion . . another thing necessary , is the rooting out of the consciences of men all those opinions which seem to iustifie and give pretence of right to rebellious actions ; such as are the opinions , that a man can do nothing lawfully against his private conscience ; that they who have the soveraignty , are subiect to the civil laws : that there is an authority of subiects , whose negative may hinder the affirmative of the soveraign power ; that any subiect hath a propriety distinct from the dominion of the common wealth ; that there is a body of the people without him or them that have the soveraign power ; & that any lawful soveraign may be resisted under the name of a tyrant ; which opinions are they , which part . chap. . sect. . , , , , . have been declared , to dispose men to rebellion and because opinions which are gotten by education , and in length of time , are made habitual , cannot be taken away by force , and ●pon the sudden ; they must therefore be ●aken away also by time and education . and ●eeing the said opinions have proceeded ●rom private and publick teaching , and ●hose teachers have received them from grounds and principalls , which they have ●earned in the universities , from the doctrine of aristotle , and others , who have dilivered nothing concerning morality and policy demonstratively , but being passionately addicted to popular government , have insinuated their opinions by eloquent sophistry . there is no doubt , if the true doctrine concerning the law of nature , and the properties of a body politick , and the nature of law in general , were prespicuously set down and taught in the universities , but that young men , who come thither void of preiudice and whose minds are as white paper , capable of any instruction , would more easily receive the same , and afterwards teach it to the people , both in books and otherwise , then now they do the contrary . . the last thing contained in that supream law , salus populi , is their defence , and consisteth partly in the obedience and unity of the subiects , of which hath been already spoken , and in which consisteth the means of levying souldiers , and of having money , arms , ships , and fortified places in readiness for defence ; and partly , in the avoiding of unnecessary wars . for such common wealths , or such monarchs , as affect war for it self , that is to say , out of ambition , or of vain glory , or that make account to revenge every little iniury , or disgrace done by their neighbours , if they ruine not themselves , their fortune must be better then they have reason to expect . chap. x. . all expressions , &c. concerning future actions , are either covenant , councel or command . . the difference between a law and a covenant , . the command of him whose command is law in one thing , is law in every thing . . the difference between law and counsell . . the difference between jus and lex . . the division of laws , ctc. . that the divine morall law , and the law of nature , is the same . . that the civil lawes are the common measure of right and wrong , &c. . martiall law is civil law . . written laws , &c. unwritten , &c. customes and opinions , &c. thus far concerning the nature of man , and the constitution and properties of a body politick . there remaineth only for the last chapter , to speak of the nature and sorts of law . and first , it is manifest , that all laws are declarations of the mind , con●erning some action future to be done , or omitted . and all declarations and expres●ions of the mind concerning future actions and omissions , are either promissive , as i will do , or not do , or provisive . as for example , if this be done or not done , this will follow ; or imperative , as do this , or do it not . in the first sort of these expressions , consisteth the nature of a covenant , in the second , consisteth counsel , in the third , command . it is evident when a man doth , or forbeareth to do any action , if he be moved thereto by this only consideration , that the same is good or evil in it self ; and that there be no reason why the will or pleasure of another , should be of any weight in his deliberation , that then neither to do nor omit the action deliberated is any breach of law-and consequently , whatsoever is a law to a man , respecteth the will of another , and the declaration thereof . but a covenant is a declaration of a mans own will . and therefore a law and a covenant differ : and though they be both obligatory , and a law obligeth no otherwise then by vertue of some covenant made by him who is subiect thereunto , yet they oblige by severall sorts of promises . for a covenant obligeth by promise of an action , or omission especially named and limited ; but a law bindeth by a promise of obedience in general , whereby the action to be done , or left undone , is referred to the determination of him , to whom the covenant is made . so that the difference between a covenant and a law , standeth thus : in simple covenant , the action to be done , or not done , is first limited and made known , and then followeth the promise to do or not to do ; but in a law , the obligation to do or not to do , precedeth , and the declaration what is to be done , or not done , followeth after . . and from this may be deduced , that which to some may seem a paradox , that the command of him , whose command is a law in one thing , is a law in every thing . for seeing a man is obliged to obedience before what he is to do be known , he is obliged to obey in general , that is to say , in every thing . . that the counsel of a man is no law to him that is counselled , and that he who alloweth another to give him counsell , doth not thereby oblige himself to follow the same , is manifest enough . and yet men usually call counselling , by the name of governing , not that they are not able to distinguish between them , but because they envy many times those men that are called to counsel , & are therefore angry with them that they are counselled ▪ but if to counsellours there should be given a right to have their counsell followed , then are they no more counsellours , but masters of them whom they counsel ; and their counsels no more counsels , but lawes . for the difference between a law and a counsel being no mor but this , that in counsel the expression is do , because it is best ; in a law do , because i have a right to compel you ; or do , because i say do ; when counsel should give the reason of the action it adviseth to , because the reason thereof it self is no more counsel , but a law . . the names lex & jus , that is to say , law and right , are often confounded , and yet scarce are there any two words of more contrary signification . for right is that liberty which law leaveth us , and laws those restraints by which we agree mutually to abridge on anothers liberty . law and right therefore are no less different then restraint and liberty , which are contrary , and whatsoever a man doth , that liveth in a common wealth jure , he doth it jure civili , jure naturae , and jure divino . for whatsoever is against any of these laws , cannot be said to be jure . for the civill law cannot make that to be done jure , which is against the law divine , or of nature . and therefore whatsoever any subiect doth , if it be not conrary to the civil law , and whatsoever a soveraign doth , if it be not against the law of nature , he doth it jure divino , by divin right . but to say lege divina , by divine law , is another thing . for the laws of god and nature allowing greater liberty then is allowed by the law civil ; ( for subordinate laws do still bind mo●e then superior laws , the essence of law being not to loose , but to bind ) a man may be commanded that by a law civil , which is not commanded by the law of nature , nor by the law divine . so that of things done leg● , that is to say , by command of the law , there is some place for a distinction between lege divina & lege civili . as when a man giveth an alms , or helpeth him that is in need , he doth it not lege civili but lege divina , by the divine law , the precept whereof is charity . but for things that are done jure , nothing can be said done jure divino , that is not also jure civili , unless it be done by them that having soveraign power , are not subiect to the civil law . . the differences of law , are according to the differences either of the authors and lawmakers , or of the promulgation , or of those that are subiect to them . from the difference of the authors , or law makers , cometh the division of law into divine , natural , and civil . from the difference of promulgation , proceedeth the division of laws , into written and unwritten . and from the difference of the persons to whom the law appertaineth , it proceedeth , that some laws are called simply laws , and some penal . as for example , thou shall not steal is simply a law ; but this , he that stealeth an ox , shall restore four-fold , is a penal or as other ●all it a judicial law . now in those laws which are simply laws , the commandement is addressed to every man ; but in penal laws the commandement is addressed to the magistrate , who is only guilty of the breach of it when the penalties ordained , are not i●flicted : to the rest appertaineth nothing but to take notice of their danger . . as for the first division of law into divine , natural , and civil , the first two brea●hes are one and the same law . for the law of nature , which is also the moral law , is the law of the author of nature , god almighty ; and the law of god taught by our saviour christ , is the morall law . for the sum of gods law is ; thou shalt love god above all and thy neighbour as thy self ; and the same is the sum of the law of nature , as hath b●en shewed , part . chap. . and although the doctrin of our saviour be of three parts , moral , theological and ecclesiasticall , the former part only , which is the moral , is of the nature of a law universal ; the latter part is a branch of the law civil ; and the theological which containeth those articles concerning the divinity and kingdome of our saviour , without which there is no salvation , is not dilivered in the nature of laws , but of counsel and direction , how to avoid the punishment , which by the violation of the moral law , men are subiect to . for it is not infidelity that condemneth , ( though it be faith that saveth ) but the breach of the law and commandements of god , written fi●st in mans heart , and afterwards in tables , and delivered to the jews by the hands of moses . . in the state of nature where every man is his own judge , and differeth from other concerning the names and appellations of things , and from those differences arise quarels and breach of peace , it was necessary there should be a common measure of all things , that might fall in controversie . as for example ; of what is to be called right , what good , what virtue , what much , what little , what meum & tuum , what a pound , what a quarter , &c. for in these things private judgements may differ , and beget controversie . this common measure , some say is right reason , with whom i should consent , if there were any such thing to be found or known in rerum natura . but commonly they that call for right reason to decide any controversy , do mean , their own . but this is certain , seeing right reason is not existent , the reason of some man or men must supply the place thereof , and that man or men is he or they , that have the soveraign power , as hath been already proved ; and consequently the civil laws are to all subiects the measures of their actions whereby to determine whether they have right or wrong , profitable , or unprofitable , virtuous or vitious , and by them the use and definition of all names not agreed upon , and tending to controversie , shall be established . as for example , when upon the occasions of some strang and deformed birth it shall not be decided by aristotle , or the philosophers , whether the same be a man , or no , but by the laws , the civil law containing in it the ecclesiastical , as a part thereof , proceeding from the power of ecclesiastical government , given by our saviour to all christian soveraigns , as his immediate vicars , as hath been said part . chap. . sect. . . but seeing it hath been said , that all laws are either natural , or civil , it may be demanded , to which of these shall be referred that law , which is called martial law , and by the romans , disciplina militaris ? and it may seem to be the same with the law of nature ; because the laws by which a multitude of souldiers are governed in an army are not constant , but continually changing with the occasion ; and that is still a law , which is reason for the present , and reason is the law of nature . it is nevertheless true , that martial law is civil law , because an army is a body politick , the whole power whereof is in the general , and the laws thereof made by him ; and though they still follow and change as reason requireth , yet it is not as the reason of every private man but as the reason of the general requireth . . when he or they in whom is the soveraign power of a common wealth , are to ordain law for the government and good order of the people , it is not possible they should comprehend all cases of controversie that may fall out , or perhaps any considerable diversitie of them ; but as time shall instruct them by the rising of new ocasions , so are also laws from time to time to be ordained : and in such cases where no special law is made , the law of nature keepeth its place , and the magistrates ought to give sentence according thereunto , that is to say , according to natural reason . the constitutions therefore of the soveraign power , by which the liberty of nature is abridged , are written , because there is no other way to take notice of them , whereas the laws of nature are supposed to be written in mens hearts , written laws therefore are the constitutions of a common wealth expressed ; and unwritten , are the laws of natural reason . custome of it self maketh no laws . nevertheless when a sentence hath been once given by them that judge by their natural reason , whether the same be right or wrong , it may attain to the vigour of a law ; not because the like sentence hath of custome been given in the like case , but because the soveraign power is supposed tacitely to have approved such sentence for right , and thereby it commeth to be a law , and numbred amongst the written laws of the common wealth . for if custom were sufficient to introduce a law , then it would be in the power of every one that is deputed to hear a cause , to make his erours laws . in the like manner , those that goe under the title of respons a prudentum , that is to say , the opinions of lawyers , are not therefore laws , because responsa prudentum , but because they are admitted by the soveraign ; and from this may be collected , that when there is a case of private contract between the soveraign and the subiect , a president against reason shall not preiudice the cause of the soveraign ; no president being made a law , but upon supposition that the same was reasonable from the beginning . and thus much concerning the elements and general grounds of laws natural and politick . as for the law of nations , it is the same with the law of nature . for that which is the law of nature between man and man , before the constitution of common wealth , is the law of nations between soveraign and soveraign after . finis . to the kings most excellent majestie, the humble petition of the countie of cornvvall this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majestie, the humble petition of the countie of cornvvall charles i, king of england, - . broadside. imprinted at london by robert barker ... and by the assignes of john bill, [london] : . at foot: his majesties answer to the petition of cornwall, at the court at york. . june . reproduction of original in the harvard university library. eng oaths -- england. great britain -- history -- civil war, - . cornwall (england : county) -- history. a r (wing h a). civilwar no to the kings most excellent majestie, the humble petition of the countie of cornvvall [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majestie the humble petition of the countie of cornvvall . we your majesties most loyall subjects in all duty render unto your majestie all thankfulnesse for your majesties unexempled favour and grace in granting unto your subjects , by the concurrence with your parliament , such lawes and freedoms , which have most fully expressed your majesties gracious goodnesse unto your people ; and we most thankfully receive your majesties free offer of a generall pardon , whereof we most humbly desire to be made partakers . and we most humbly beseech your majestie , never to suffer your subjects to be governed by an arbitrary government , nor admit an alteration in religion . and your petitioners being most feelingly grieved for your majesties discontents ( partly occasioned by divers scandalous pamphlets , and seditious sermons , and no way lessened by unlawfull tumults ) do wish a confluence of all comforts , honour and happinesse unto your majestie , and do most heartily pray for the reconcilement between your majestie and your parliament : and in all humble thankfulnesse for your majesties said grace and goodnesse , your petitioners do offer themselves most ready to maintain and defend with their lives and fortunes your majesties sacred person , honour , estate and lawfull prerogative against all persons whatsoever , according to the oaths of supremacy , and allegiance . cornub . iohn grills high sheriffe . warwick lord mohun . sir iohn trelawney knight and baronet . sir william wrey knight and ba●onet . iohn arundell of trerise esq. charles trevanion esq . walter langdon esq . peter courtney esq . samuel cosowarth esq . richard prideaux esq . iohn arundell esq . renatus billot esq . francis iones esq . robert rous esq . edward trelawney esq . nevil blighe esq . william bastard esq . charles grills esq . nathanael dillon esq . william arundell gent. william courtney gent. edward courtney gent. walter glin gent. edward cook gent. hugh pomeroy esq . ambrose billot gent. iohn samuel gent. nichol . kendall major of lostwithyell . obadiah ghoship cler. iohn kette cler. thomas harrison cler. thomas porter cler. simon lann cler. iohn peter cler. george brush cler. barnard achim gent. theophilus laugherne gent. william guavas gent. nicholas sawell gent. william robinson gent. thomas robinson gent. ioseph iolly gent. thomas tre●r gent. the foresaid gentlemen subscribed at lostwithyell unto the petition directed to his majestie , together with seven thousand more , esquires , gentlemen , freeholders and other inhabitants which subscribed and subsigned the said petition in their severall parishes . ❧ his majesties answer to the petition of cornwall , at the court at york . . june . his majestie is so very well pleased with the duety and affection of this petition , that he hath commanded me to signifie his good acceptance of it , and thanks for it to the county of cornwall , and to assure them , that as he will be alwayes ready to increase the happinesse of his people , by consenting to such good new laws , as shall be proposed to him for their advantage , so he will be forward to venture his life in maintenance of the religion and laws established , which he doubts not , with the assistance of the petitioners , and other his good subjects he shall be able to defend : his majestie will be ready to grant such a generall pardon to the petitioners as they desire ; and will no longer expect the continuance of their duety and affection , then himself continues true to those professions he hath so often made of maintaining and defending the religion and laws of this kingdom . falkland . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a supplement to the serious consideration of the oath of the kings supremacy; published october . in, first, some consideration of the oath of allegiance. secondly, vindicating of the consideration of the oaths of the kings supremacy and allegiance, from the exceptions of richard hubberthorn, samuel fisher, samuel hodgkin, and some others against them, in the points of swearing in some case, and the matters of those oaths. by john tombes b.d. tombes, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a supplement to the serious consideration of the oath of the kings supremacy; published october . in, first, some consideration of the oath of allegiance. secondly, vindicating of the consideration of the oaths of the kings supremacy and allegiance, from the exceptions of richard hubberthorn, samuel fisher, samuel hodgkin, and some others against them, in the points of swearing in some case, and the matters of those oaths. by john tombes b.d. tombes, john, ?- . [ ], p. printed by henry hills, living in aldersgate-street next door to the sign of the peacock, london : [ ] a reply to "antichristianism reproved, and the doctrine of christ and his apostles justified against swearing" by richard hubberthorn, "supplementum sublatum" by richard hubberthorn and samuel fisher, and "a caution to the sons of sion" by samuel hodgkin. imprint date from wing. annotation on thomason copy: "march d". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hubberthorn, richard, - -- antichristianism reproved, and the doctrine of christ and his apostles justified against swearing. fisher, samuel, - . hodgkin, samuel. -- caution to the sons of sion. oaths -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a supplement to the serious consideration of the oath of the kings supremacy ; published october . in , first , some consideration of the oath of allegiance . secondly , vindicating of the consideration of the oaths of the kings supremacy and allegiance , from the exceptions of richard hubberthorn , samuel fisher , samuel hodgkin , and some others against them , in the points of swearing in some case , and the matters of those oaths . by john tombes b. d. mat. . . render therefore to caesar the things tbat are caesars , and to god the things that are gods. london , printed by henry hills , living in aldersgate-street next door to the sign of the peacock . to the christian readers . i need not tell you again what may be seen in my epistle to the readers before my book of the serious consideration of the oath of the kings supremacy , how i was induced to compose and publish it , conceiving it to be a work of charity , to others , and a necessary duty to my self , as circumstances then concurred . i have found not a little fruit of my labor therein , by satisfying many that i know , and more ( as i am told ) whom i know not , of the lawfulness of taking such oaths , as are therein asserted , and thereby preventing the ruine of themselves and families ; though i find by the opposition of some , that it hath proved an offence to others , insomuch that i was told , that i had thereby given occasion of the alienation of many hundreds from me , of whose peace and welfare i was , and still am , very tender . besides , what exceptions have been made in private conference , ( which i have in such conferences endeavoured to remove ) richard hubberthorn , samuel fisher , and some others , have in print opposed that writing . richard hubberthorn intitles his writing , antichristianism reproved , as if my book had contained antichristianism : which is a term that affrights many weak christians , and is therefore by those that craftily endeavour to uphold , and further divisions put upon those actions , doctrines and writings , which they would scare less discerning souls from , and so separate them from others , and fasten them to their party , though it be for the most part but a frivolous imputation , and a gross calumny . antichristianism according to the apostle john , ( who only of all the holy writers , useth the term antichrist ) being a greater matter then some errors , or evil in some points of practice , to wit , a denial of the father and the son , john . , . not confessing jesus christ come in the flesh , john . , . john . of which sort my defending the lawfulness of some swearing is not . and to omit his nonsense , in saying , the doctrine of christ and his apostles is justified against swearing , meaning my doctrine of swearing , where he saith , that it is there proved according to the scriptures , that all my six propositions for the lawfulness of swearing , are both against christ and his apostles doctrine ; it must needs be false , sith he hath not brought any scriptures against the three last propositions . as for his epistle to me , that which he insinuates by his expostulations with me , of dividing my self from mine own people , of teaching people to swear first one way , and then another ; of my being long a hiding my self under so many false covers , is the foam and froth of his railing spirit ; of which he , and others of the quakers , seem by their frequent venting reproaches , unjust censurings and revilings , to have gotten an habit , and are more like antichristianism , then any of my doctrines , who preach not up that which christ and his apostles deny , but endeavour to clear their words from mistake . nor was my writing indigested , as if god did not brook it , though i confessed , in respect of the composure of it , there was want of such accurate digesting , that is , framing in respect of words , method and matter , as the thing required , by reason of my shortness of time , and yet there was no cause for samuel fisher to term it a toy , as he doth in the margin of his epistle to the reader , before his impetuous , though impotent book , intitled the rusticks alarm to the rabbies , so terming dr. owen , mr. danson , mr. richard baxter , and my self . i confess i had an intention ( and began to draw up a writing to that purpose ) to publish a fuller treatise about swearing , having in catechetical lectures , somewhat largely handled the general nature of an oath , the several forms and rites of swearing , the lawfulness of swearing , the sorts of oaths , the rules , obligation , urging , dispensation of oaths : but my late continual molestations , imprisonment , restraint from my ministery in the place where i was seated thirty years before , and the uncertainty of my dwelling , have hindred me from prosecuting thereof , and other works , which i hoped to accomplish for publique good : nor am i yet secured from the like molestation and uncertainties , and therefore know not what i shall do , or resolve to do therein . wherefore i have , being requested thereto , published this little supplement , whereby my aim is to benefit others , though i find ( as i have always done ) the cleering of truth in this , to have occasioned many hard censures of me , and much injury to me , which the lord forgive . yet i hope i shall truly say with the apostle , cor. . . and i will very gladly spend and be spent for you , though the more i love you , the less i be loved . as for those that find any benefit by my labors in this matter , or any other , i request them that they would return thanks to god for it ; and that all would in their prayers to god for me , help me , who am their brother and servant in christ , john tombes . london , march . . the oath of obedience in the act for discovery and repressing popish recusants , . of jac. c. . commonly called the oath of allegiance . iab . doe truly and sincerely acknowledge , profess , testifie and declare in my conscience before god and the world ; that our soveraign lord king james , is lawful and rightful king of this realm , and of all other his majesties dominions and countries ; and that the pope , neither of himself , nor by any authority of the church or see of rome , or by any other means with any other , hath any power or authority , to depose the king , or to dispose any of his majesties kingdomes or dominions , or to authorize any forrein prince to invade or annoy him , or his countries , or to discharge any of his subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumults , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects within his majesties dominions . also i do swear from my heart , that notwithstanding any declaration or sentence of excommunication or deprivation made or granted , or to be made or granted by the pope or his successors , or by any authority , derived , or pretended to be derived from him or his see , against the said king , his heirs or successors , or any absolution of the said subjects from their obedience : i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise , and will do my best endeavour to disclose , and make known unto his majesty , his heirs and successors , all treasons and traiterous conspiracies , which i shall know or hear of , to be against him or any of them . and i do further swear , that i do from my heart abhor , detest and abjure as impious and heretical , this damnable doctrine and position , that princes which be excommunicated or deprived by the pope , may be deposed or murthered by their subjects , or any other whatsoever . and i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority , to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to these express words by me spoken , and according to the plain and common sense , and understanding of the same words , without any equivocation , or mental evasion , or secret reservation whatsoever . and i do make this recognition and acknowledgement heartily , willingly and truly , upon the true faith of a christian . so help me god. the words of king james in his apology for the oath of allegiance , p. , &c. in his answer to cardinal bellarmine's letter . as the oath of supremacy was devised for putting a difference between papists , and them of our profession : so was this oath [ of allegiance ] which bellarmine would seem to impugn , ordained for making a difference between the civilly obedient papists , and the perverse disciples of the powder-treason . in king henry the eighths time was the oath of supremacy first made : by him were thomas moor and roffensis put to death , partly for refusing of it . from his time till now , have all the princes of this land , professing this religion , successively in effect maintained the same : and in that oath only is contained the kings absolute power to be judge over all persons , as well civil as ecclesiastical ; excluding all forrein powers and potentates to be judges within his dominions : whereas this last made oath containeth no such matter , only medling with the civil obedience of subjects to their soveraign in meer temporal causes . and that the injustice as well as the errour of bellarmine's gross mistaking in this point , may yet be more clearly discovered ; i have also thought good to insert here immediately after the oath of supremacy , the contrary conclusions to all the points and articles , whereof this other late oath doth consist : whereby it may appear , what unreasonable and rebellious points he would drive my subjects unto , by refusing the whole body of that oath , as it is conceived . for he that shall refuse to take this oath , must of necessity hold all or some of these propositions following . . that i king james am not the lawful king of this kingdom , and of all other my dominions . . that the pope by his own authority may depose me . if not by his own authority , yet by some other authority of the church , or of the see of rome . if not by some other authority of the church and see of rome , yet by other means with others help he may depose me . . that the pope may dispose of my kingdoms and dominions . . that the pope may give authority to some forrein prince to invade my dominions . . that the pope may discharge my subjects of their obedience and allegiance to me . . that the pope may give licence to one or more of my subjects to bear arms against me . . that the pope may give leave to my subjects to offer violence to my person , or to my government , or to some of my subjects . . that if the pope shall by sentence excommunicate or depose me , my subjects are not to bear faith and allegiance to me . . if the pope shall by sentence excommunicate or depose me , my subjects are not bound to defend with all their power , my person and crown . . if the pope shall give out any sentence of excommunication or deprivation against me , my subjects by reason of that sentence , are not bound to reveal all conspiracies and treasons against me , which shall come to their hearing and knowledge . . that it is not heretical and detestable to hold , that princes being excommunicated by the pope , may be either deposed or killed by their subjects , or any other . . that the pope hath power to absolve my subjects from this oath , or from some part thereof . . that this oath is not administred to my subjects , by a full and lawful authority . . that this oath is to be taken with equivocation , mental evasion , or secret reservation ; and not with the heart and good will sincerely , in the faith of a christian man. these are the true and natural branches of the body of this oath . in the book intitled [ god and the king ] imprinted at london , . by king james his special priviledge and command , p. . is thus said . the matter or main subject of this oath , which is the principal thing whereof i conceive you desire to have a more distinct and full understanding , may to this purpose be resolved into these ensuing assertions . . our soveraign lord king james , is the lawful king of this kingdom , and of all other his majesties dominions and countries . . the pope neither by his own authority , nor by any other authority of the church , or of the see of rome , nor by any other means , with any others help can depose his majesty . . the pope cannot dispose of any of his majesties kingdoms and dominions . . the pope cannot give authority to any forraign prince to invade his dominions . . the pope cannot discharge his subjects of their allegiance unto his majesty . . the pope cannot give licence to one or more of his subjects to bear arms against him . . the pope cannot give leave to any of his subjects to offer violence unto his royal person , or to his government , or to any of his majesties subjects . . although the pope shall by sentence excommunicate or depose his majesty , or absolve his subjects from their obedience , notwithstanding they are to bear faith and true allegiance unto his majesty . . if the pope shall by sentence excommunicate or depose his majesty ; nevertheless his subjects are bound to defend his person and crown against all attempts and conspiracies whatsoever . . if the pope shall give out any sentence of excommunication or deprivation against his majesty ; notwithstanding his subjects are bound to reveal all conspiracies and treasons against his majesty , which shall come to their hearing and knowledge . . it is heretical and detestable to hold , that princes being excommunicate by the pope , may be deposed or murthered by their subjects , or any other . . the pope hath not power to absolve his majesties subjects from their oath of allegiance , or any part thereof . when cardinal bellarmine disguised under the name of matthaeus tortus , as his chaplain took upon him to reply to king james his apology for the oath of allegiance , and would have it believed , that by that oath was intended the denying the popes ecclesiastical power , which he claims , and is with papists an article of their faith ; lancelot andrews then bishop of chichester , after of ely and winchester , then very eminent for his learning and repute at court , answers him in his book intitled tortura torti , in words in latin , which i have englished thus . art thou well in thy wits who babblest these things ? that thou an italian , ignorant of our language , shouldst understand the oath , that the author who is skilled in the language , as being his own , native , proper , should not understand it ? whence art thou to us a new interpreter of laws ? yea whence art thou an interpreter of our laws , which thou didst not make ? it belongs verily to them to interpret to whom it belongs to make laws ; yet i say not that only , but this also . is there for this reason any mortal man that understands the intention of the law , and the law-maker himself , ( for the same person was author of the law and of the book , nor wast thou ignorant of this ) the law-maker ( i say ) himself , should not understand his intention concerning his law ? thou wilt never bring it to pass , that he should be ignorant of that which he himself would to himself , when he made the law , when he made the oath . he is best privy to his own intention . but his intention was that he might be secure of the fidelity and constancy of his own subjects , yea this was his only intention , no other man knows this , ( for the hearts of men he knows not ) only he who hath known the law , knows what he requires in his law. king james in his catalogue of tortus lies , at the end of his premonition to all christian princes , saith , the puritans do not decline the oath of supremacy , but do daily take it , neither ever refused it . and the same supremacy is defended by calvin himself , instit . lib. . cap. . bishop andrews in the book forenamed , p. . the puritans of their own accord take the oath of supremacy , and have often professed , and that in books published by themselves , that this is a meer calumny , that they abhor the oath of supremacy , neither did they ever decline that oath . but if there were at any time any scraple in them , it was about the term , it was not about the thing . the head of the church sith it is said of christ , seemed to them a higher title , then that it might be given to any mortal man : so for a while they stuck at the giving that title , now they stick not : concerning the thing it self , concerning the kingly authority they have always fully professed . quakers do inveigh against my book , intitled a serious consideration of the oath of the kings supremacy , because it defends the lawfulness of some swearing , yet samuel fisher in his book , intitled the rusticks alarm to the rabbies , exercit. . chap. . p. . saith , i should ( god knows ) please my self much more to sit down in silence . p. . i affirm here before god and all men ; and the humble petition of some called anabaptists , prisoners in maidstone , dated january . saith thus ; yet ( god is our witness , who is the searcher of all hearts ) we deny not this oath , because we would not yield due subjection and obedience unto thee and thy authority ; for this we say , in the presence of him that shall judge the quick and the dead , we do without any deceit , promise to live peaceably under thy government , and in case any thing should be by thee commanded in spiritual matters , wherein we cannot obey , we shall not then take up any carnal or temporal weapon against thee or thy authority , but patiently suffer such punishment as shall be inflicted on us for our consciences . but the using of these speeches [ god knowes , i affirm before god , god is our witness , this we say in the presence of him that shall judge the quick and dead ] as an appeal to gods contestation , is plain swearing . so that while these men , and more of the same mind do speak against all swearing , they indeed practice some swearing . and those of maidstone , who offer an engagement taken before some justice of the peace in a solemn manner , with calling god to witness of the truth of what they say , do offer to swear or take an oath . the lawfulness of which , and particularly the oaths of supremacy and allegiance , and my writing about the former , i shall now endeavour to vindicate from the writings and sayings against them , which have occurred to me . richard hubberthorn having recited my first argument for my first proposition , thus , that is not wholly evil , about the use of which some directions are given by god ; but god giveth directions about the use of swearing , jer. . . ergo : answers , by the same argument may it as well be proved , that the christians and believers in christ may be circumcised , offer incense , burnt offerings and sacrifices , because for the use of it god gave some directions , and therefore it is lawful . but as circumcision , incense , burnt offerings and sacrifices of the law , is ended in christ ; so is the oath which was among the jews , in him ended also to the believers , and by him forbidden : for as it was said in old time thou shalt swear , and shalt perform thy oath to the lord ; but christ in the . of mat. making mention of the jews oath which god gave once direction for , yet saith , swear not at all . here christ puts an end , not only to frivolous & vain oaths , but to the true oaths , which the jews was once commanded of god to swear , for these oaths are they which christs words hath relation to , for he came to end the jews worships and oaths , who is the oath of god. christ the truth and righteousness of god saith , swear not at all , which ends the jewes which was to swear in truth and righteousness . to which i reply , had not samuel fisher told me in the place forementioned , that my book is answered by richard hubberthorn , i should not have thought it worth while to reply to it , there being in it so much defect of sense and reason , as makes it inconsiderable : but sith he mentions my book , as scarce worth any further answer then that of hubberthorn , it seems he esteems it of some moment . and therefore i say , that . richard hubberthorn leaves out of the proof of my minor [ as in the third commandment ( which is undoubtedly moral ) ] which words shew that i mean my major proposition of moral actions . . he supposeth that swearing allowed by god in the old testament , which christ corrects , was not only frivolous and vain oaths , but the true oaths which the jews were commanded , and christ was to end , who is gods oath . but he considers not that swearing was common to all nations , as philistines , gen. . . & . . syrians , gen. . , &c. nor is christ any where termed in scripture , gods oath , nor an oath made worship peculiar to the jews ; nor a shadow or ceremony which might typifie christ . now my major proposition being ( as the words shew i understood it ) thus expressed , [ that action belonging to manners , common to all nations , and not proper to the jews , about the use of which god giveth some directions , is not wholly evil ] is firm and unshaken by the instances of r. h. which are not of moral , but ceremonial rites , which ended in christ , but not so the moral commandment , of which sort swearing is , and so may be lawful . . to my second argument , from psal . . . his answer is , only that david was in the old covenant of the law , but christ in the new covenant bids ; swear not at all . hereto i reply , this answer presupposeth that an oath was appropriated to the covenant of the law . but this is false , sith it was , in other nations besides israelites , customary to swear even before the law , as the instances in genesis and elsewhere shew . as for his flings at hireling priests and hypocrites , i let them pass as being only reviling , in general terms , in which is commonly guile & slander . to the instances which i bring for the lawfulness of some swearing , and urging to swear out of the old testament , he saith , all these were under the first covenant , and in that which christ called the old time , mat. . and proves nothing that christians in the new covenant should swear . to which i reply , . abraham , isaac , jacob , joseph , were before the law , and they took oaths of nations which were not under the law . . in moral things the commands and examples of the old testament , are rules to us still , mat. . . rom. . , . ephes . . , . james . , . . nor doth he say any thing to the angels swearing , rev. . . but this , that christ saith , swear not all , which doth not at all avoid the objection , that the angel knew christs words do not forbid all swearing , otherwise he would not have sworn at all . but to the instances of pauls adjuring and swearing , he writes somewhat more . to the allegation of thes . . . where the word signifies , i swear you by the lord , he saith , . this is the long and thick mist of darkness , which hath been long kept over the understandings of people , that when the plain scripture will not prove their ends and intents , then they tell the people it is otherwise in the greek or hebrew . i reply , . it is no darkning of peoples understandings by latter translations , to mend or to adde to former translations , sith as in all other writings and arts , dies diem docet , one day teacheth another ; latter commentators and interpreters without arrogancy , refine former . nor doth this darken , but inlighten mens understandings , nor give any occasion to doubt of the faithfulness of former translators , but only shews the imperfection of their knowledge . nor is there any just cause why for this reason men should waver in their faith , the main doctrines of faith and manners being by common consent expressed either in the same words , or words of the same meaning , and if any should deprave them , the variety of copies and translations would remedy it . . saith hubberthorn , did not the translator of the bible understand greek as well as john tombes ? answ . yes , and as john tombes understood it , which he told his reader , that the greek word was translated , i charge you by the lord , or adjure you as it is in the margin . . saith he , or are we not to believe the scripture , as it spoaks , till again it be translated by him ? answ . yes no doubt , and this place the rather , because it is translated by him no otherwise then by the translators , only the word [ adjure ] which is made an english word out of the latin , is explained , by , i swear you by the lord , i urge , or put an oath on you by the lord , or as samuel fisher saith , it signifies , i bind you by oath . . saith he , it is i oblige or charge you in the presence of god , &c. i reply , it is , i charge or oblige you by oath or swearing , not only in the presence of god , but also by the lord. . saith he , seeing john tombes saith he swore them , he might have declared in what manner they were sworn , seeing paul was at athens when he wrote to thessaloniea . i reply , he might understand how paul at athens could swear them at thessalonica , if he understood how saul charged by oath , or adjured , or bound by oath the people and jonathan his son , though absent and ignorant , sam. . , , . . saith he , john tombes makes the like charge to be in tim. . . which according to the greek he would make an oath ; but it is i injoin or command thee before god , not putting an oath on them , or causing them to swear : and tim. . . not that he took him sworn , or put an oath on him , but did charge him . i reply , i said not they were the same , but like charges , yet differing , . in that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , thes . . . doth expresly include an oath , or swearing , which i confess 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i command or injoin doth not , yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i witness before god , tim. . . doth come near it . . that thes . . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the accusative case , cannot be understood any otherwise then thus [ by the lord ] which is a form of swearing more plain then that , tim. . . though it be like it . but samuel fisher saith , nor doth john tombes insisting on the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 thes . . . adde a jor to his proof ; for howbeit it is ordinarily us'd to signifie to adjure or bind one by oath , yet ( being as some suppose of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to confine , or ( as some ) of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a bound or limit ) it originally signifies to bind , limit , confine , oblige any way by word or promise , as well as oath . and j. t. confessing pauls charge in that place , and tim. . . tim. . . to be alike , therein confutes himself however . for the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there used , are no more then to engage before some witness ( god or man ) or solemnly to command or charge , and not to swear one , and cannot be taken so strictly as to adjure , though 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may be taken in the moderate sense , i. e. any way to oblige , as well as in that rigid way of swearing . i reply , that the rule of expounding or interpreting words , is not the derivation of the word , which often is very uncertain , but the use ( which is vis & norma loquendi , the force and rule of speaking ) and there being no instance given by him of any place , where it is used in any author of obliging , in his moderate sense , without an oath , and he confessing that , it is ordinarily used to signifie to adjure or bind by oath , and it being i charge or adjure by the lord , it can be taken in no other sence then swearing or binding by oath ; nor doth my alledging tim. . . tim. . . as like charges , abate any whit the force of my proof , sith i do not call them the same , or the one as express for charging by oath , as the other . in my fourth argument i alledged , cor. . , . and . . and . . cor. . . to prove the use of swearing by paul in gospel-times . to the first only richard hubberthorn saith thus , now those that minds this scripture , may see that paul doth only justifie christs words in keeping to yea and nay , saying , that with him it was not yea and nay , for saith he , ver . . but as god is true , our word towards you was not yea and nay . and ver . . for the son of god , jesus christ , who was preached among you by us , even by me and silvanus , and timotheus , was not yea and nay , for all the promises of god in him are yea , and in him amen . so that this scripture is so far from bringing people to oaths and swearing , that he labours to bring them all to yea and nay in all things , and so to christ the substance , in whom all the promises of god are yea ; so that the apostle might well use these words , that as god was true , &c. so also were they true to their yea and nay , the end of all oaths . i reply . . richard hubberthorn in all this his pretended answer doth not deny , the expressions cor. . . as god is true , cor. . . i call god for a record upon ( or against ) my soul , cor. . . the god and father of our lord jesus christ , which is blessed for evermore , knoweth that i lie not , cor. . . we speak before god in christ , to be forms of swearing . surely the expression , cor. . . i call god for record , is so plain an appealing to gods testimony , which is the definition of an oath by attestation or contestation of god as true , and upon or against my soul , by pawning or wishing a curse to himself , if he spake not true , and so appealing to god , not only as tostis or witness , but also as vindex , the avenger or judge , if he spake not true , that i find few or no expressions of swearing , more full then this , and therefore do thence infer irrefragably , that paul did swear , and consequently , that he did not conceive christ forbade all swearing , and therefore it is but his conceit , that the prescribing yea and nay , mat. . . was to put an end of all oaths . . whereas he saith , that this scripture labours to bring them to yea and nay in all things , and that paul doth only justifie christs words in keeping to yea and nay , it is so far from being true , that if the expressions of [ yea and nay ] were meant of using those words without swearing , as r. h. doth vainly imagin , the apostle would be so far from bringing them to yea and nay in all things , and justifying christs words in keeping to yea and nay , that he should indeed do the contrary , forasmuch as he saith , our word toward you was not yea and nay , and , the son of god , jesus christ , who was preached among you by us , was not yea and nay . i know the meaning of the speech , our word towards you was not yea and nay , is not about the using of these terms , yea and nay , but of the constancy of his speech and actions , as i express it in my serious consideration , p. . but i only shew me silliness of richard hubberthorns talk , sith what he alledgeth , if understood as he seems to understand it , would make against him . but samuel fisher against my allegation of cor. . . saith thus , and as for his saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a particle of swearing , i say it is not necessarily so , but oft of affirming only as quidem , profecto , truly , verily , &c. and however where paul uses it , cor. . . he does not swear ( as j. t. divines he did ) for sith he , and all confess , none are to swear by any but god alone ; pauls swearing there ( had it been an oath ) had been unlawful , it being not by god , but by his and the corinthians rejoycing . to which i reply , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , grammarians make a particle of sweaning ; nor hath s. f. shewed any instance , where having an accusative case after it , as here , it is a particle of affirming without swearing , and until he do so , it is necessarily here a particle of swearing . nor is it against the confession , that none are to swear by any but god only . for in this oath he swears by god , when he swears by his and the corinthians rejoycing , it being an oath by oppignoration , pawning , or execration , in which god is appealed to as judge , or avenger , as well as witness , by pawning to him , and wishing the forfeiture of his rejoycing , or glorying in christ jesus , if what he saith were not true ; as when we say , on my salvation it is so , as god help me , &c. which i hope to clear more fully , if ever i finish and publish my fuller treatise about swearing , forementioned . hitherto samuel fisher's opposition hath confirmed my arguments against himself . i return to richard hubberthorn . to my alledging to prove paul ' s swearing , rom. . . & . . gal. . . phil. . . richard hubberthorn thus saith , is this a proof for men to swear and take oaths for men , or against men ? hath not the man here lost the understanding of a man ? thus to compare and call this the apostles oath , when he takes god to witness , that he prayes for the saints continually ; is this an oath to testifie the truth of his writing against lies ? indeed this we desire , that john tombs , and the rest of the priests in this nation , would write nothing but what god would witness unto the truth of ; and that they would speak truth , and not lie , then they would not thus abuse the apostles words , when as the apostles intend no such thing in their words here asserted . and whereas it is again said , that the apostle took an oath , phil. . . now let all honest and sober hearted men consider , whether the truth of god and the apostles that speak it forth , be not abused , that from a novice that is lifted up in pride , and would do or say any thing for his hire , should bring those scriptures to plead for swearing , and that lawfulness of oaths ; in all which the apostle took god to witness his love to the saints , and labour in the work of his ministry , signifying that all understand how that he spoke the truth , and did not lie , and kept to his yea and nay , according to christs doctrine ( and did not swear at all . ) i reply , . those texts were not brought by me as a proof for men to swear and take oaths for men or against men , but to prove that some swearing in gospel-times may be lawful , sith the apostle paul , a man moved by the holy spirit , even in his holy writings and speeches did swear : which is enough against r. h. and his complices , who deny any swearing lawful in any case . . i say , that these speeches [ god is my witness , i speak the truth in christ , i lie not , my conscience also bearing me witness in the holy ghost , behold , before god i lie not , god is my record ] are forms of swearing , it being the definition of an oath , which all writers that i know of agree in , that an oath is an appeal to , or invocation of god , as joint witness with us of the truth of our speeches , and therefore in this i write nothing , but what god will witness the truth of , i speak truth before god , without abusing the apostles words in pleading for the lawfulness of some swearing ; and in this i dare stand to the arbitrement of sober , honest-hearted , intelligent men , not fearing the censure of r. h. as if i were a novice , who have been a professor of christianity above forty years , and a preacher of the gospel above thirty , and wish r. h. do not accuse me as lifted up with pride , with the like spirit as it is said , that diogenes trampled on plato's pride with greater pride , there being not many branches of pride greater then this , to take on him to judge the secrets of anothers heart , and to foretel what he will do , it being to behave himself as if he were god. sure they that know me , and judge of me with a charitable mind , they that have had experience of my adventures and losses for asserting truth , will not believe r. h. in what he here suggests , that i would do or say any thing for hire , who would thank r. h. if he would shew what hire i have taken , which the words of christ and his apostle allow not , luke . . cor. . , , , , . tim. . , . gal. . . but if he think his tongue is his own , that he may accuse and reproach at his pleasure , i think it my duty to tell him , that his practice is rayling and false accusing ; and that his tongue is set on fire of hell , and that without repentance he shall not inherit the kingdom of god , cor. . , . he proceeds in the same vein of reviling , censuring and false accusing in his speech of my fifth argument , to which he makes no answer but this , that to break christs command is of no necessary use ; that i might as well have stated my argument , that to break christs command is of benefit to humane society , therefore to break christs command is lawful , &c. and might thus have proved it , that except we break christs command , we cannot preach for hire , nor sue men at law for tithes , nor live in pride , ease and vanity , nor keep our places of profit and benefits , which is necessary for our society of priests , ergo. but we whose eyes god hath opened , do see that all his book tends to perswading of people to swear when christ hath said , swear not at all , and that which he would now swear for again , would swear against for the same advantage and profits which he hath in his eye , yea , or he would perswade all men not to swear , and bring scripture to prove it upon the same account , so that what he doth in this kind , is because of advantage : for two years since he did not preach this doctrine , nor write those arguments . to which i reply , the lord rebuke thee : there 's none of thy accusations of divinations here , after thy rayling fashion , brought by thee , which thou canst prove by me , and those that know me , know it to be false which thou suggests concerning my seeking gain , and suiting my actions thereto , and changing my doctrin . there is no doctrin in that book thou here opposest , or the other of the insufficiency of light in each man , which hath not been my constant doctrine . what thou wouldst have imagined as if no swearing were of necessary use to humane society , is contrary to all experience of governors of kingdoms and commonwealths , and the apostles words alledged by me , heb. . . an oath for confirmation is to men an end of all strife . that which samuel fisher saith , that what swearing was then allowed of , ( as before a ruler it then was to end a strife among men , who are yet in strife ) is now unlawful among his saints , who are redeemed out of strife , and the rest of those fleshly works , which it is one of , gal. . is a silly shift . for , . the saints are men . . those of the old testament were saints , and yet were to swear . . if men , not saints , may swear to end strife , then it is not prohibited by christ to them to swear in some cases , and , sith the precept of not swearing is not limited to saints , if others may swear in some cases , notwithstanding that precept , saints may swear also . . saints are redeemed from other works of the flesh , yet are not so redeemed , but that they may have envyings , wrath , emulations . however quakers imagine themselves perfect , yet the scripture doth not say , that the most eminent saint is so redeemed out of strife , but that he may be tempted to , and guilty of some unlawfull strife , while he is in the body . . there was strife between paul and barnabas , acts . . paul and peter , gal. . . the corinthians , cor. . . who were termed saints , ver . . . quakers are guilty of strifes in opposing preachers and reviling dissenters from them , and therefore if it be necessary to end strifes of men , that there be oaths , it is also necessary to swear to end strifes with them . do not they seek to recover stollen goods , due debts ? and if so , oaths are necessary for them . . oftimes saints are found so guilty of contentions among themselves , that , were not magistrates impowred to compose them , they would be endless and remediless . the story of the libels brought to constantine the great at the nicene council , of one bishop and confessour against another , and burnt by him , shewes , how ill it would fare with the best saints , if magistracy did not quiet them . our own times have had too much experience of this . . saints live among men unholy , to whom they owe duties of love and righteousness , which cannot be done without testifying the truth in many cases , wherein they differ , to end their strife ; and therefore saints are bound , when the laws require oaths , and they are the only witnesses to give in evidence , out of charity and justice to swear for ending of strife . richard hubberthorn addes something against what i argue in proof of the fourth proposition , omitting any shew of answer to my sixth argument for my first proposition , and passing over the second and third . i alledged to prove this proposition , [ that the king is the only supreme governor in all his dominions ] the example and rule of christ , mat. . . tim. . . luke . . which he saith , i bring to prove an oath of supremacy to king caesar ; which is not true , it being brought to prove a supremacy over all persons , not an oath of supremacy , and so all his answer is impertinent . the argument stands good . christ himself did acknowledge subjection to caesar , and his parents , therefore no prelate is exempt from the kings government . richard hubberthorn addes , john tombes saith , that paul a saint was subject to the judgement of caesar , and appealed to him , then he acknowledged him supreme , &c. ergo. ans . paul was a prisoner for the word of god , and testimony of jesus , and appealed to caesar for justice , because he was unjustly accused , and had not done any thing worthy of bonds or of death ; therefore according to their law he ought to be set free ; but paul did not call caesar the supreme head of the church , and chief ruler in ecclesiastical things , for if caesar had been the supreme head of the church , of which paul was a member , he would but have needed little appealing unto for setting him at liberty ; but in such arguments as tombes hath used , is manifest the ignorance of foolish men , wherein their folly appeareth to all men , as the scripture saith , tim. . . i reply , 't is true , i alledged pauls example , acts . , . to prove the king supreme governor over all persons in his dominions , and acts . . and . , , , . and . , , , . and . , . to prove him governor in all causes , or chief ruler in ecclesiastical things , not to prove caesar supreme head of the church , as r. h. misrepresents me . now he shews not any defect in my proof taken from matter of fact related in the text , but tels us , if caesar had been supreme head of the church , of which paul was a member , he would have needed little appealing , which is to alter the conclusion , and to say nothing to that point which was in question , nor to answer the proof at all , which all that know the rules of arguing know to be ridiculous , and indeed very foolish . speeding no better in answering my arguments , r. h. proceeds to his wonted course of invectives against my person , which i am necessitated to take notice of , because they are impediments to many , of receiving the truth i teach , and do so fill people with prejudice , that their ears are stopped from hearkning to the clearest demonstrations , and they are carried away with the vain conceits of quakers , and other blind guides . he tels me , that my ministry if received would beget men from their holy and harmless state into transgression of christs command , and from the tenderness of conscience into hardness of heart , and saith , when i say the oath of supremacy was imposed for excluding of the popes jurisdiction , &c. if so , why dost thou preach it up to be imposed upon the holy , harmless , godly christians , who are redeemed from the popes power and jurisdiction , that i am a miserable comforter to tender consciences , that my end is seen , and therefore cannot deceive many , that those holy persons who are tender of an oath , ought to be my teachers , who am far from righteousness or tenderness of conscience , that it is a shame for me to be an imposer of oaths upon tender consciences , who profess my self a minister of christ , that it is manifest my ministry is to bring people into condemnation , in which he falsly accuseth me , that i am an imposer of oaths upon tender consciences , that i preath it up to be imposed upon the holy , harmless , godly christians , because to free them from the snare , which the law of the land brings them into by reason of their denying to take the oaths of supremacy and allegiance , i have endeavoured out of compassion to their souls , to prove to them , that such swearing may be lawful : it is not i that impose the oaths on them , but the law and the officers that are to execute it ; nor did i preach it up to be imposed on tender consciences , but after it was imposed on them by others , and my petition with others to his majesty for the release thereof without the desired effect , i did upon advise and importunity , publish the writing about it , to free them from mistakes , who scrupled the thing , there being then in appearance , no other way for the liberty and help of many then imprisoned , and more liable to imprisonment for their refusal to swear , then by shewing them the lawfulness of that , for denying of which they suffered , and therefore they might without danger to their souls , and much benefit to themselves in their outward estate , take an expedite course for their peace . which charity ( that thinketh no evil , that hopeth all things , believeth all things , cor. . . . ) if there had been any in r. h. would not have construed to have been done to any evil end , but out of love and mercy to men for their good , and for the great advantage of them that are of the same judgement with me in point of baptism , that it may not be imputed to them as their common tenent , that they allow no oaths , no not in judicial proceedings , which is interpreted as tending to the overthrow of all civil government , and so the persons counted intolerable , which hath caused , and is yet likely to cause great persecution to those that hold the truth about baptism . in which thing i bless god i have not been so miserable a comforter , but that i know my self of many , and am told of more hundreds , yea thousands , who have had their liberty and their families , saved from ruine , by reason of the clearing of the point to them in that book ; and , if some after their swearing have been disquieted in spirit because of their oath , it is not to be imputed to that book , but their own weakness , or such affrightments as r. h. and others , do put upon them . i refuse not to be taught by r. h. or any other , but , sure i am , in this thing r. h. yields me no light to rectifie me , but by his false accusations of me , as far from righteousness , as bringing men into condemnation by my ministry , &c. gives me occasion to fear that he is led by an evil spirit , so venomous a tongue discovering a malicious poisoned heart . my answer to the grand objection from mat. . , , , . james . . was , that there must of necessity be some limitation of christs speech , as of the next speech , ver . , , , , . and many more places , which i then did not recite , but shall now refer the reader to some of them , mat. . , . mat. . , . . . mat. . . mat. . . mat. . , , . luke . . john . . which with many more if they were understood without limitation , would cross other texts of holy scripture , and such truths as are undeniable , and introduce such evils as are intolerable . and that mat. . , , , . is to be limited , i proved it from the angels and pauls swearing and adjuring after that precept , which shews they understood it with limitation , and so are we to understand it , and that it is to be limited as i there set down , i proved from the words of the text , there and elsewhere . hereto r. h. speaketh thus . indeed it doth plainly appear , that thou must of necessity either disprove christs words , or else deny thy own , seeing they are contrary the one to the other : so therefore thou saist , that it was those oaths above mentioned , that was forbidden by christ and the apostles , and i shall shew it plainly , that thou hast no necessity to limit christs words to vain and prophane swearing ; ( but only that thou wouldst have thy words true , and his false ) for christs words in mat. . do not intend such oaths , for he speaks of the true oaths which was used among the jews , and such oaths as christ told them they were to perform ; for it was not said in old time , that they should perform vain , light , prophane , unnecessary , customary , and passionate oaths , but such as they were to perform betwixt the lord and them , and the solemn vows and covenants which they made in old time to their kings , and one to another , the christians now by the command of christ was not , to swear these oaths , neither any oath true nor false . to which i reply , 't is true , christ spake of true oaths to be performed to the lord , as the occasion of his precept did lead him to speak : but it is true also , that our lord christ forbids not such oaths universally , nor as they were used in old time among the jews , and to their kings , and one unto another ; but as the pharisees and other teachers interpreted what was said to them of old time , that what was said to them , did bind no further then not to break their oaths , but to perform them to the lord , otherwise they might swear as oft as they would , and in what manner they pleased : but this christ denied , and determines they might not swear frequently , unnecessarily , with such oaths as they used , and conceits of the obligation of some , and not others , as the text leads us to conceive ; and the reasons by me given , prove the words are to be limited , to which r. h. hath given no answer , and therefore my answer and whole dispute stands good , notwithstanding the opposition of r. h. and s. f. and for the insinuations of r. h. that this is preaching of the lawfulness of swearing ( or sinning ) against christs command , and that such teachers are given to change with every government , and that they preach as the false prophets did for handfuls of barley and pieces of bread , they are but a further continuation of his revilings , it being no teaching against , but expounding of christs command ; nor have we changed our doctrine or principles with change of government , but shewed subjection to the powers that be , as paul injoins , rom. . , . nor do we look at wages any otherwise , then we are allowe nor conceive we are bound by any law of christ or his apostles , to refuse or neglect more liberal maintenance , be it by tithes or other pay assigned by law , then that which is by meer alms or voluntary contribution , which in most places is so scant , that persons of worth are necessitated to live in a sordid manner , or people are necessitated to take persons of little worth , and thereby the ministry is debased , the people untaught or ill taught , such ignorant and corrupt men , as r. h. seems to be by his writing , creep in among men , and pervert them . that which r. h. saith , the jews sware by the living god , but the apostates by the book , insinuates , as if such were apostates as swear thus , and that they swear by the book , and not by the living god. but neither doth he prove , that they who teach the lawfulness of some swearing , are apostates from christianity , any more then holy paul , who hath left upon record in holy scripture , his oaths , after he was an apostle ; nor is this form of swearing , so help me god , and by the contents of this book , any other then swearing by the living god , made known in that book , and pawning our interest in his help , according to the doctrine and promises in that book , expressed by laying the hand on the book , as formerly by coming before the altar , kings . . chron. . . as a sign of our abandoning our interest in gods help , made known in that book , if we speak not truth . i find in an humble petition of some prisoners in maidston , dated january . that they cannot acknowledge any authority that god hath given the king in spiritual things or causes ; and they thus argue : if thou hast any power to be a lord over our faith , or by outward force to impose any thing in the worship of god on our consciences , it is given unto thee as thou art a magistrate , or as thou art a christian ; but thou hast no such power given unto thee of god as thou art a magistrate , appears , . because if magistrates as such , have such an authority , then all magistrates in all nations have the same power : in turky i must be a mahometan , in spain a papist ; and for ever as the authority changes religion , i must do the same . . because the apostles refused to be obedient to their rulers , when they were commanded to forbear that which they judged part of the worship of god , acts . . acts . . . all the scriptures of the new testament that injoyns obedience unto magistrutes , were written when the romans had the empire of the world , whose emperours were for the most part ( if not all ) heathenish idolaters for the first years , until constantine 's time ; it therefore cannot be supposed , that any of these texts of scripture that calls for obedience to magistrates , intends an obedience in matters of faith or worship , for then the christians that lived under those emperours , must needs have denied christ , and worshipped the roman gods , as some of the emperours commanded . answ . though in my serious consideration of the oath of the kings supremacy , there is that said which might have prevented this objection , yet being willing to clear the truth more fully , i say , . that it is not rightly supposed , that by outward force any thing in the worship of god , may be imposed on mens consciences . for though by outward force , things may be imposed on the outward man , and the actions of some of the members , yet by outward force a thing cannot be imposed on the conscience . for then only is a thing imposed on the conscience , when the conscience is convinced , that he ought to do , or not to do it , which must be done by doctrine , or some other way insinuating into the conscience the necessity or lawfulness of doing or not doing a thing , which outward force cannot perform . . that it is a greater mistake , that the king in the oath of supremacy , is acknowledged to have power to be a lord over faith , or by outward force to impose any thing in the worship of god , on mens consciences . this mistake might have been rectified , if they had heeded the oath , proviso , admonition , th . article prefixed before my book , and the explication of the th . and th . propositions , which i gave conformably to the speeches of learned approved men , by the princes that have been and are , which i find not yet any persons in authority have disallowed ; and yet i conceive by their words in the end of their petition , they were not ignorant thereof , sith they cite the proviso of the statute . eliz. and the admonition , which i presume they found printed in my book . by which they might have understood , that kings are acknowledged governors in spiritual things , as well , and no otherwise as in temporal things . now in temporal things they have not power to impose any thing on mens consciences by outward force , not is the king a lord over our faith in temporal things ; so as that if he should tell us we may marry our brothers wife , or command us to fight a duel for our honour , we may think we are bound in conscience to do it , or that we may lawfully do it , much less that he is lord over our faith in the things of god , so as to impose on our consciences what we shall believe concerning god , christ , the covenant of grace , the doctrine of salvation , &c. or to form the worship of god by addition or diminution , otherwise then is appointed by gods word , but as dr. rainold's confer . with hart , chap. . cites the words of augustine , which i find in the seventh tome of his works , in the third book against cresconius the grammarian , chap. . more fully then in the fiftieth epistle , for in this kings , as it is commanded them by god , served god as they are kings , if in their kingdom they command good things , and forbid evil things , not only which pertain to humane society , but also which pertain to the religion of god. and as they are not to govern in temporal things , but according to just laws of the commonwealth , so neither in the things of god , but according to the holy laws of god ; and although they have more authority in making and executing laws in civil things , then in religious , yet in neither to make or execute laws contrary to gods laws , nor to usurp that prerogative which belongs to god to dispense with his laws , or to hinder the doing of a duty imposed in the first or second table of the law , or to mould or urge doctrines of faith or worship , otherwise then god in scripture declares or appoints ; nor do we acknowledge by taking that oath , that we owe them active obedience , if they urge us by laws and edicts thereto , in things reserved to gods prerogative , or such as are contrary to his laws in force , only we are to yield passive obedience by suffering , and not resisting the power and authority thus abused . nor is there any thing in the words of q. elizabeths admonition annexed to her injunctions , contrary to this explication . for the queen doth not say , that she challenged by that oath , such a power as was challenged by her father , king henry the eighth , which was , to burn his subjects at the stake for their dissenting from him in religious matters : but she saith , that nothing was , is , or shall be meant or intended by the same oath , to have any other duty , allegiance , or bond required by the same oath , then was acknowledged to be due to the most noble kings of famous memory , king henry the eighth her majesties father , or king edward the sixth , her majesties brother . and again : for certainly her majesty neither doth , ne ever will challenge any other authority , then that was challenged , and lately used by the said noble kings of famous memory , king henry the eighth , and king edward the sixth , which is , and was of ancient time due to the imperial crown of this realm ; that is , under god to have the soverainty and rule over all manner of persons , born within these her realms , dominions and countries , of what estate , either ecclesiastical or temporal , soever they be , so as no other forrein power shall , or ought to have any superiority over them . now if she had challenged power to burn at a stake her subjects , for their dissenting from king henry the eighth in religious matters , then she must challenge power to burn all his protestant subjects at a stake , and therefore she must be conceived to challenge only authority over all persons to govern them according to just laws , excluding forrein power . whereto agree both the words of the th . article , set down in my former book , and the word of king james in this , that in that oath only is contained the kings absolute power to be judge over all persons , as well civil as ecclesiastical , excluding all forrein powers and potentates , to be judges within his dominions . nor is it true , that by king henries practice appears , that q. elizabeth challenged power to burn dissenters from king henry in matters of religion . for she did not challenge all the power , which king henry practised , for then she should have challenged a power to behead her mother , which he practised , and if the queen her self exercised the same authority ( though it be not to be called authority or power truly , but an usurpation or abuse of power ) in putting some to death for their conscience in religion , yet doubtless she challenged no other power then what before had been or might be lawfully exercised or used , as the words are in the statute . eliz. c. . a little before the oath of supremacy , nor doth the oath acknowledge the king governor , or to have any other power or authority to be assisted , defended or actively obeyed , then as it is lawful , and used or exercised lawfully , and therefore in answer to the three arguments of the petitioners , i say , . that by the acknowledgement of the kings supremacy in spirituals , as a magistrate neither is a man bound to change his religion as the king doth , nor to forbear gods worship which he forbids , nor to deny christ , or worship other gods because he commands it . it followes in the maidston prisoners petition . and now , o king , that no man as he is a christian , hath power to be a lord over anothers faith , or by outward force to impose any thing in the worship of god , is as clear , . because the lord jesus himself , nor his disciples , would never by any outward force compel men to receive them or their doctrine ; for when the disciples of christ ( supposing they might use violence as under the law ) would have commanded fire to come from heaven ( as elias did ) to consume them that would not receive them ; christ turned and rebuked , saying , ye know not what spirit ye are of , for the son of man is not come to destroy mens lives , but to save them . answ . to be governor in things and causes spiritual and ecclesiastical , is ascribed to the king as king , and not as a christian , for a christian as a christian hath not the government of any others besides himself in any causes , and he is governor in ecclesiastical causes , as well as temporal : but he is not governor in temporal things as a christian , but as a king ; although it is true , that a christian is better fitted to govern in both causes , in that he is a christian , his christianity by framing his spirit to wisedom , justice , clemency , &c. producing more aptitude to govern , though not more authority , and therefore were there not in this part of the petition sundry mistakes , by which those petitioners incommodate , and harm themselves and others ; and there seems to be some reflection on my book of the serious consideration of the oath of the kings supremacy , i should let this pass : but for these reasons i shall a little examine what is said . . the mistake is continued , as if by acknowledging the king supreme governor in spiritual things , he had a power given him to be lord over anothers faith , which were indeed to ascribe that to the king , which the pope takes on him , to determine what a christian is to believe , which hart the jesuite imagined was given to the king by that oath , but was rectified therein by dr. john rainold confer . with hart , chap. . . if [ by imposing by outward force , any thing in the worship of god ] be meant of imposing on the conscience , the same mistake is continued , which i have before discovered : but if [ by outward force imposing any thing in the worship of god ] be meant of [ imposing by civil penalties on the outward man , something in gods worship ] there is need of much caution to determine of their power . civil penalties are greater , as death , banishment , mutilation , imprisonment , spoiling of estate , liberty of trade , &c. or less , as some small diminution of priviledges , office , &c. the things imposed on men may be either the commands , or plain institutions of christ , or some things devised by men , as councils , fathers , prelates , &c. and these impositions may be either in circumstances of time , place , order , which are undetermined by christ , or in such points of doctrine or worship , as are of greater moment , and determined by christ . the impositions may be such , as are termed by the apostle , hay and stubble , or such as overthrow the foundation which is laid , which is jesus christ , cor. . , . such as are impositions tending to idolatry , superstition , profaneness , heresies of perdition , blasphemy . the imposition may be on teachers or learners , stronger or weaker christians , to be subscribed to , or taught , or to be conformed to , or professed , and this to be done either by bare presence , which infers no consent , or by some act which shews consent . it cannot be denied , but that kings by reason of their errour and rigour , have very sadly miscarried in their impositions on christian brethren in matters of faith and worship , there having been many mistakes in the best councils , fathers , prelates and learned men , since the apostles days , who have seldome been so equal , as to permit those they have been prejudiced against , to debate freely and fully what they hold ; nor are they heard with that equanimity , which were requisite . and therefore princes , parliaments , republiques , have made many hard laws , and done innumerable unrighteous executions , to shedding of much innocent blood , and most heavy oppressions of men , either guiltless , or not deserving such severe penalties as they have indured . i think kings and parliaments who see not much with their own eyes , but are fain to use the judgements of learned men and prelates , who are often partial through prejudice or interest , or not studied in the points about which they advice , do often stand in a very slippery place ; and that law-makers and officers of justice have need of very much circumspection and tenderness , ere they make penal laws in matter ; of religion , that they should not make heresie by the determinations of any councils since the apostles days , nor urge subscriptions and conformity under civil penalties , but in things plainly set down in holy scripture , that so much liberty to dissents and different usages should be given , as may stand with peace . yet that kings should use no civil penalties on men for any disorders or errours in any matters of saith or worship of god , i am not yet convinced by any thing i have read , much less by the arguments of these petitioners . not by the first . for a king may do that which our lord christ in his state of humiliation would not do . he would not divide an inheritance among brethren , luke . , . and yet a king may do it . for though christ was king in right , yet he refused at that time to take upon him , or to execute the office of a king , but took upon him the form of a servant , phil. . . and therefore a king on his throne is not debarred from doing that which christ would not do in his debasement . and yet even then the lord christ did whip the buyers and sellers out of the temple , and overthrew the tables of the money-changers , john . , . mat. . . i will not now dispute , whether christ did this jure zelotarum , by the right that zelots of the law among the jews , claimed to themselves ; or jure regio , by the right of a king , under which notion acclamation was made to him when he rode on an ass into jerusalem , luke . . after which he did expel the buyers and sellers out of the temple , ver . . nor whether this be a good proof for magistrates , to intermeddle in matters of religion , as it hath been argued by mr. cobbet of new england . it is sufficient for my present purpose , that the alledging of christs example by these petitioners , is so far from making against the kings power in ecclesiastical causes , that it rather makes for it . nor is it against the kings power in causes ecclesiastical that the lord jesus himself , nor his disciples , never would by any outward force compel men to receive them or their doctrine . for , besides what is already said of christs example , there is a great difference to be made between professed infidels , and disorderly christians ; between planting of the gospel at first , and resorming christians who have in shew received it , there may be reason to do the latter by civil penalties , though not the former , though men are not to be made christians by civil penalties , sith religion is not to be inforced , but perswaded , yet being christians they may be corrected by civil penalties . as the apostle paul , though he said , what have i to do to judge them that are without ? cor. . . yet did not exclude ecclesiastical penalties on them that are within ; no more are they that are within , freed from civil penalties in some things ecclesiastical , because they are within , though perhaps they that are without , are not to be compelled to come in . and yet it is not proved , that a king may not use some civil penalties , especially denying of favours and priviledges to them that embrace not the faith , or rather , it is certain , he ought so to put a difference between christians and infidels , godly christians and profane loose ones , that the former may have that encouragement and benefit , which others have not , according to davids example , psal . . which a king ought to follow . as for the speech of christ , luke . , , . it serves much less for the petitioners purpose . for . the reason of the disciples desire of calling fire from heaven , was not their not receiving them or their doctrine as christian , but as jews . for the samaritans did not receive christ , because his face was as though he would go to jerusalem , ver . . which shews , that their not receiving him , was out of the hatred they bare to him as a jew , and to the worship which was at jerusalem , according to what we read of the samaritans , joh. . , . & . . and therefore this is not to the present purpose of christs denying power to the civil magistrate , to inflict civil penalties on the non-receivers of his doctrine . . the fact of the samaritans was far different from the fact of the captains that came to take elijah , kings . chap. for they came to take elijah to destroy him , these only did not receive christ , those doubtless were worshippers of baal , and joyned with the king of israel to uphold idolatry , and to persecute the prophets and worshippers of the true god , which made them more justly objects of wrath and divine vengeance then the samaritans were . . that which the disciples would have had fall on the samaritans , was fire from heaven to destroy them , which was too great a punishment for that neglect : but this doth not prove that a lesser and proportionable penalty , may not be inflicted on some disorderly christians by a civil magistrate . . the disciples were but private persons , and were carried with a private and selfish spirit , even the desire of private revenge , and therefore christ rebukes them , as not minding with what spirit they were moved ; which hinders not but that a publique magistrate , ex zelo justitiae , with a publique spirit out of zeal of justice , may inflict some proportionable civil penalties on christians , who are his subjects for some offences in spiritual or ecclesiastical things or causes . but , say the petitioners , . if any men under heaven have had any such power in the dayes of the gospel , the apostles and elders in the primitive times must needs have had it , but this they disowned . the apostle paul in cor. . . saith thus , not for that we have dominion over your faith , but are helpers of your joy , for by faith you stand ; yea the lord jesus when they strove for domination , forbids it , saying , ye know that the princes of the gentiles exercise dominion over them , and they that are great do exercise authority upon them , but it shall not be so amongst you , mat. . , . even so saith peter , speaking to the elders , feed the flock of god which is amongst you , taking the oversight thereof , not by constraint , but willingly ; not for filthy lucre , but of a ready mind , neither as being lords over gods heritage , but being examples to the flock , pet. . , . and in truth the apostles and disciples were not to use any external force to carry on their masters work , but only by shewing the terrours of the lord were to perswade men ; and in case of resistance to shake the dust from their feet , as a witness against their opposers . answ . . to have dominion over our faith , that is to appoint authoritatively what we shall believe , what not , so as that if we believe not , we sin against god , and are liable to his wrath , is peculiar to christ the great prophet of the church , acts . , . to the apostles themselves , christ said , mat. . . neither be ye called masters , for one is your master , even christ . neither the pope , nor any council of bishops or elders , much less kings and parliaments ( who take not upon them to be teachers in the church ) can prescribe to us our creed , or form of worship of god , any otherwise then christ and his apostles from him , have delivered them to us . nor doth the oath of supremacy ascribe to them such power and authority , but it hath been disclaimed , as is before shewed . nevertheless princes may require those under their dominions , to worship god in christ , according to the plain direction of the scriptures of the new testament ; and if they set up idols ; blaspheme the god of heaven , &c. may inflict civil punishment , they may forbid and punish the teaching of some doctrines , tending to the reproach of religion , destructive of christianity , of civil government , provided they be very wary , that they do not judge by any other then the plain declarations of the holy scripture , and not by the authority of any councils or fathers , sith as it is in the . article of the church of england , general councils have erred and may erre , in things pertaining to god , and the punishment be so proportioned and qualified , as may agree with justice , equity , prudence , clemency , and other vertues requisite in them that rule over others . nor 〈◊〉 that which is here alledged , of validity to disprove it . for . it is not rightly supposed , that princes have not in the days of the gospel , a power in matters of religion , which the apostles and elders in the primitive times , had not . the contrary is proved in my serious consideration of the oath of supremacy , in the confirmation of the th . and th . propositions . the apostles and elders , as messengers of christ , and pastors of the church , had their peculiar authority , which princes are not to usurp ; and princes have their peculiar power and authority , to which every soul is to be subject : neither have dominion over our faith ; and , however popes claim it , our princes disclaim it . . the text mat. . , . is rightly urged by protestants against the popes usurpation , as i shew in my romanism discussed , art. . sect. . but not rightly urged against christians , being civil magistrates , nor against princes being governors over all persons in their dominions , in spiritual things . that which is there forbidden , is rule in the apostles over one another , after the manner of the kings of the nations . . the text , pet. . , . is much less to the purpose , it being only a precept to teachers and elders of the church , concerning the exercise of their ecclesiastical function , nothing to the restraint of princes from the exercise of their office , in things and causes spiritual . . the apostles only perswading , shewing the terrours of the lord , shaking off the dust of their feet , are ill alledged to exclude princes from their power of governing all persons in all causes . the apostles and elders did not bear the sword as princes do . it would be of very bad consequence , if in case of resistance they might do no more then the apostles were to do in case their doctrine were received or opposed . it is added by the petitioners , thus . . it is very plain , that the lord jesus himself in his parable of the tares and wheat , forbids any force to be exercised upon false worshippers , as such ; for by the tares which he forbids the pulling up , mat. . . cannot be intended the transgressors of the second table , such as thieves , murderers , &c. because all confess with one consent , that the magistrates authority reaches such , but those that christ jesus would have remain amongst his wheat , in the field of the world , are the children of the wicked one through idolatry and will-worship ; this will further appear , if the , , . ver . be compared with the , . of the same chapter ; and the reason the lord jesus gives , why both tares and wheat must grow together , ( o king , that it were engraven with the point of a diamond , and often laid before thee ) is , least in gathering up the tares , the wheat also be rooted up with them . answ . parables are a way of teaching , much used of old in the eastern countries , as appears by jotham's parable , judg. . nathans parable , sam. . and they are narrations of things perhaps never done , yet related as if they had been so acted as they are told , that by the resemblance , the thing intended may more easily insinuate it self into the minds of the persons to be instructed by the parable . now there are in such parables , two parts , the one the devised story , the other the intended doctrine to be learnt by it , which is sometimes opened , as mat. . which we term the application or explication , and sometimes left to be gathered by the auditors , as luke . , &c. luke . , &c. and even mat. . , , , , , . in the devised story are many things inserted , as lace in a garment , or carvings in a building , or pictures in a map , which are only for comeliness in the speech , more handsome dress of the speech , or filling it up , and yet are not doctrinal , nor argumentative , as from the parable , luke . , , . it would be vain to teach men , that those in hell may see those in abrahams bosome , and speak one to another . and therefore it is a rule in divinity , that such symbolical expressions are not argumentative any further then their application , explication or scope , appears to be . now the parable , mat. . , , , , , , . being distinctly opened by christ , from ver . . to . it is unsafe to conclude any more from it , then christ hath done in his explication . i know this passage , mat. . , . hath been much urged for the toleration of men , corrupt in matters of faith and worship by the civil magistrate , without civil penalties , specially such as are destructive of mens being . but , what ever be said of the conclusion , this text serves not to the purpose . for . it is no part of the application or explication , ver . . to ver . . and therefore is to be counted only a filling up of the devised story , and therefore not doctrinal or argumentative . . there is no proof , that by the children of the wicked one , ver . . are meant only idolaters and wil-worshippers : yea these reasons seem to prove that others are meant , to wit , wicked men , who are transgressors of the second table of the law , as well as the first . . that the children of the wicked one , are ver . . termed all scandals , or things that do offend , and them that do iniquity , or that which is not agreeable to gods law. . john . . john . , . haters of their brethren , and murderers and liars , are termed children of the devil , or wicked one , as well as idolaters or will-worshippers . . the children of the wicked one seem to be all sorts of men , who are of satans sowing . . all those who are not children of the kingdome , but are to be cast into a furnace of fire . ver. . . are termed tares , and these are not only idolaters , will-worshippers , heretiques , but all other sorts of sinners , such as are mentioned , cor. . , . and elsewhere . nor are the reasons valid , here produced to the contrary . for . it followes not thieves and murderers , and others , whom confessedly the authority of the magistrate here reacheth , are not here meant , therefore not other transgressors of the second table , but idolaters , will-worshippers , heretiques . . nor doth it follow , christ would not have thieves , murderers , and other transgressors of the second table , remain among the wheat , but to be plucked up ; therefore they are not here meant by the tares , but idolaters and will-worshippers , as if christ would have all transgressors of the second table plucked up , none of the transgressors of the first , which is all one , as to say christ would have all liars , covetous , unrighteous persons , in any kind destroyed , not any witch , atheistical scoffer , blasphemer , idolater , profane person . . it is not proved , that by the servants of the housholder , are meant the civil magistrate , why not the angels termed reapers ? ver . . these petitioners after make them the apostles : will they have them to tolerate idolaters in the church ? . were it granted , that here were meant only idolaters , will-worshippers , heretiques , how is it proved that this is a precept to civil magistrates . there is no such precept in the application or explication of the parable , and therefore it seems to me not to note the duty of the civil magistrate , but the event of gods providence , that god would permit the cohabitation of the wicked in the world , with the just , as is also taught in the parable of the net , ver . , , , . not that magistrates or ministers should permit them , and not by civil punishment or ecclesiastical , remove them out of the church , or the world . lastly it follows not , magistrates may not destroy idolaters , will-worshippers , therefore they may not inflict any civil punishment , from the species to the genus , negatively , an argument concludes not . these petitioners further tell us , how sad it is to remember how in all ages since christ , very strange mistakes have been on this account ; the lord of life himself was put to death for supposed blasphemie and wickedness , and accused for being an enemy to caesar , mat. . . john . . and this done unto him by a people that had the law of god amongst them , and were famous in the world for their earthly wisdom and knowledge . stephen was stoned , and james the apostle killed with the sword , supposed to be tares , or the children of the wicked one , when they were the pretious wheat of god , acts . , . and . . the christians that suffered in the ten persecutions , were they not accused of being pestilent fellows , movers of sedition , turners of the world upside down , enemies to caesar , acts . , . and . , . when the contrary was most true , and they will be found to be the faithful martyrs of jesus ? so in latter times many of those that have been put to death for heresie and blasphemy , are by this age acknowledged to be the saints of god. o king , that our words might be acceptable to thee , consider , that neither thy self nor counsellors , have the spirit of infallibility ; if the apostles that had an extraordinary spirit of discerning , must not pluck up the tares , lest they root up the wheat also : how can any prince on earth undertake a work so dangerous ? it is possible , many of those that are counted false worshippers and hereticks , in this day , may ( at the time when god shall judge the world in righteousness ) be servants of the most high god. remember , we pray thee , that those that lived in the days of the lord jesus , accused their fathers for being guilty of the blood of the prophets , saying , if we had been in the days of our fathers , we would not have been partakers with them in the blood of the prophets , mat. . , . yet themselves killed the lord of life . the romish church also saith , if we had lived in the days of the heathen emperors , we would not have been partakers with them in the blood of the christians , yet puts to death many as righteous as they were : and now many of thy subjects in this nation , are ready to say , if we had lived in the days of queen mary , we would not have been guilty with our fathers in the blood of those good men that then suffered ; yet such a spirit of persecution is now risen up , as ( if not restrained ) will terminate in the blood of many good men , and so bring down the wrath of god upon this generation , and there will be no remedy . answ i could eccho out all this after them , were not this alledged as a ground of their denial of the taking the oath of the kings supremacy . it is a good wish that the king would deeply consider and remember all this ; some acts of his give cause to think he doth , and to hope he will remember it . i said somewhat to the same effect in my serious consideration of the oath of the kings supremacy , and such things as have lately hapned , give still cause to inculcate this , that his majesty , his counsel , and ministers of justice , have need of very much circumspection how they imprison , and other ways punish men for their dissent from that which is established in matters of faith and worship , sith this power of punishing for supposed heresies , errours and schisms , hath been so unhappily and unrighteously managed , as gives cause to fear , that it neither was , nor will , nor can be well used without destruction of many innocent persons . god forbid i should justifie any abuse , or neglect according to my power and place , the seeking of reformation . nevertheless all this amounts not to a sufficient ground or reason , to deny the kings supremacy in spirituals , sith the like abuses happen in temporal things , and yet these petitioners deny not the promise , yea and that indeed in words of swearing of obedience in temporal causes . we might make a catalogue of sauls , davids , solomons , and others oppressions in temporal things , shall we therefore deny their regal power in them ? no , but acknowledge the power , and oppose the abuse ; yet not by arms , or other unpeaceable ways , but by petitions to the rulers , prayers to god , patient suffering , which are the weapons whereby christians conquer . for which reason , i except not against that which the petitioners adde . . to inflict temporal punishmemts upon any of us thy subjects , for not conforming to thy decrees , that restrain us from the worship that we know to be of god ; is it not a breach of that royal law , that commands thee , that whatsoever ye would that men should do to you , do you even so to them , for this is the law and the prophets ? mat. . . and we would in all humility offer to thy consideration , if thy soul were in our souls stead , wouldest thou be satisfied with the same measure , as is now dealt unto us , when neither the god of heaven , nor our own consciences condemn us of any evil intended against thy person or authority ? nor can the greatest of our enemies make any due proof of any combination or plotting with any upon the face of the earth , for the disturbance of the publique peace : and this we can with boldness say , because we know our own innocency . yet cannot this be a sufficient ground of denying the kings supremacy in spirituals ; nor is the proof of that supremacy enervated by what follows . but whereas it is objected , that the kings of israel and judah , under the old testament , had power in spiritual causes , and did punish blasphemy and idolatry , which are crimes of the highest nature against god , we confess they had such power , which was given to them in plain precepts , written in the law of moses ; but the gospel that we live under , is another dispensation , in which the lord jesus is the only law-giver , who doth not ( as moses ) proceed against the transgressors of his precepts , by external force and power , to the destroying them in their bodies and estates in this life , but in long suffering waits on men , not willing they should perish , but rather that they should repent and be saved , thes . . . pet. . . acts . . and when any continues in disobedience to the gospel , his punishment is eternal in the world to come . the apostle paul testifies of himself , that he was a blasphemer and perescuter , tim. . . and if the mind of god had been , that he should have suffered death in that condition , how should he have had repentance given him , and been such a glorious instrument in the church as he was ? furthermore it is too well known , that the jews are the greatest blasphemers against our lord jesus christ , as are on the earth ; yet it is not the mind of the lord they should be destroyed from the face of the earth , for how then should the scripture be fulfilled , wherein god hath promised to call them , and to make them the most glorious nation of the world ? oh how can they be converted , if they be not permitted where the gospel is preached ? we speak not this in favour of any blasphemy , for our souls abhor it ; but because we would have the lives of men as precious in thy eyes , o king , as they are in the eyes of the righteous and most holy god. answ . it is true , that i alledged in my serious consideration of the oath of the kings supremacy , the power of the kings of israel in spirituals , to prove the king to be governor in spiritual causes ; i did not , nor was it necessary i should assert the same power every way , or the justice of proceeding now by the same laws , which were in many things appropriate to the policy of that nation , nor am i of opinion , that the judicial laws of moses , bind us any farther then their common equity , nor do i think it necessary we should fetch our laws from them , they being in many things fitted to the policy of that people , which is different from ours . nor do i deny , that there is not the same reason of punishing some idolatry and blasphemy of professed christians , as was of punishing the idolatry and blasphemy of the israelites , in the worshipping of the golden calf , baal , ashtaroth , molech , there being such special warnings given them before , such great things done by god for them , as made their engagement greater , and their revolt to other gods , worse , and more detestable then in other people ; and if it be true which dr. john burges in his rejoinder to the reply to bishop mortons defence of the three ceremonies , that the popish idolatry is not so bad as the israelites , then there may be cause why that idolatry which the papists use , should not be punished with death , though the worship of the golden calf , baal , molech , and such idols were . and for some blasphemies against christ , as the messiah or son of god , and some errours or heresies , which under the name of blasphemies have been punished with death , and perhaps by laws in force are liable to the same punishments , i dare not say that they are equally evil , or to be punished as the blasphemy of the mungrel was , lev. . , , . nor do i take upon me to justifie those laws by which death is awarded to heretiques , nor to avow the sentences that have been past against persons , as heretiques , because condemned by canons of councils . he that should now enact a law to put men to death for breaking the sabbath , because god did so appoint it , numb . . . in the case of him that gathered the sticks on the sabbath day ; or should make a law , that the father and mother of a stubborn son , should bring him to the elders of the city to be stoned to death , as it is deut. . , , , . should , as it is said of draco the athenian , write his laws in blood . i deny not but that in the new testament , punishments are put off to the last judgement , that christ hath told us , mark . . that all sins shall be forgiven to the sons of men , and blasphemies wherewithsoever they shall blaspheme , excepting that against the holy ghost , that john . , , , . christ ( if that story be genuine ) would not condemn the woman taken in adultery , but rather furthered her escape from stoning , that the gospel we live under is another dispensation , as the petitioners speak , meaning , that it is not so severe and rigid a covenant , as the law was , that the law was given by moses , but grace and truth came by jesus christ , john . . and therefore i count them too severe beyond christian moderation , that inflict death , imprisonment , banishment for some errours termed heresies , for non-conformity to some forms of worship , for some conceived blasphemies : some eminent protestants have been censured as too cruel , even by men of great understanding for their severity in these things . according to this determination , a prevention may be made of destroying such a blasphemer as paul or the jews , and yet the kings supremacy proved from the example of the kings of israel , even in spirituals , which may be exercised for publique peace , and common good , if good caution be used , without such direful and cruel persecutions as have been . a fathers power may be proved from the law , deut. . , , , . though that law stand not in force , and so may the kings power in causes ecclesiastical be proved , from the power of the kings of israel , though it be denied , that he is to punish idolatry , blasphemy , heresie , as they did , or some would now have it once more say the petitioners ; . as it is no wayes lawful from the word of god , for christian magistrates to destroy and root out the contrary minded in religious matters , ( although idolaters ) so such proceedings may many times prove inconsistent with the very being of nations ; for suppose any nation were wholly heathenish idolaters , and the word of god coming in amongst them , should convert the chief magistrates , and twentieth part of the nation more ; must he with that twentieth part destroy all the other nineteen , if they will not be converted , but continue in their heathenish idolatry ? it cannot possibly be supposed warrantable . answ . all this may be granted . the spaniards practice in destroying the americans , is condemned by bartholomew de casa , a spanish bishop , their practises in their bloody inquisition are abhorred by all sober people , that are not made drunk with the wine of the whore of babylons fornications ; few men of good temper and wisdome , do allow making war to propagate religion : the zeal of princes and bishops , in persecuting christians , adjudged heretiques by them , is censured as madness by well composed men . in the multitude of people is the kings honour : but in the want of people is the destruction of the prince , prov. . . thou shalt not be joyned in burial , because thou hast destroyed thy land , and slain thy people , isa . . . doubtless a prince ought to be tender of his subjects , as of his children , and yet he may correct them , and though he be not to destroy those that remain infidel-idolaters , nor to force them to be christians , yet he may have a power to govern in things spiritual . and this if wisely and uprightly managed , may be of great advantage to the church of god , and is not to be denied because he doth , much less because he may , or we are jealous he will abuse it . thus much be said in answer to those petitioners . afore the first sheet of this supplement was printed off , i met with a little piece , intituled , a caution to the sons of zion , by samuel hodgkin , in which he grants assertory oaths in judicial proceedings not to be forbidden by christ , mat. . . because commanded in the law of moses , and overthrows the quakers plea , that no swearing is lawful , yet denies any promissory oath lawful , and therefore in that respect opposeth the oaths of allegiance and supremacy , and saith he is imprisoned for that reason . in that book , he first excepts against the definition jeremiah ives gave of a sacred oath , that it is a bond by which a man binds his soul to the speaking of that which is in it self true , or the doing of that which is in it self lawful , unto which the living and true god is called to witness , numb . . . to which samuel hodgkin faith , to this i answer , that every sacred oath by which god is called to witness to the truth of a thing , or to the performance of a lawful thing , is a bond whereby the soul is bound , but every calling god to witness in lawful things , is not an oath . as appears thus , if a bare calling god to witness , be swearing by god , then calling the heaven and earth to witness , is swearing by heaven and earth , for then moses had sworn by creatures , deut. . . i call heaven and earth to witness against you this day ; and so likewise god himself , in deut. . . i call heaven and earth to record against you , chap. . . but it was ever unlawful to swear by creatures , therefore i conclude , that a bare calling to witness ; is not swearing . i reply , the conclusion is granted , and yet the definition of jeremiah ives stands good , who did not say , that a bare calling to witness , is swearing , but calling god to witness to the speaking of that which is true . and this to be an oath is granted by samuel hodgkin himself , p. . when he saith , that calling god to witness is not swearing ; but when we read of the servants of the lord swearing in scripture , we find that it was not only a bare calling god to witness , but they swear by god , that they did speak the truth , or that they would do such a thing . now swearing by god at least in assertory oaths , can be no other then calling god to witness of the truth of that we speak , and in promissory of the truth of our intention to perform what we say we will do . that which samuel hodgkin saith , now to swear by the lord , is to say that they do speak the truth , or will do such a thing by the lord , as much as if they should say , that the lord do help them in what they do , or that they do it by his assistance : and hence it comes to pass , that it was unlawful for a man to swear by any creature , because no creature can help him to speak the truth , or perform what he promised ; and hence it is that god took it ill when they did not speak truth , because they did as much as say , that god did help them to speak a lie , and so they blasphemed the name of god in the highest nature ; and doubtless , those that made the oath we have in our common law , did understand no less , and therefore they charge the witness , by the help of god to speak the truth , is a manifest mistake of the meaning of the phrase [ to swear by the lord ] which it seems he understands to signifie , not only that he that swears calls god to be a witness of the truth of what he saith in assertory oaths , and of the truth of his intentions to perform what he saith in promissory oaths , but also , that he calls god to witness , that he speaks truth by his help , or god helping him to speak truth in assertory oaths , and that his intention is to perform what he promiseth , by gods help or assistance . so that according to this mans conceits , it is no swearing , unless the person swearing do call god to be witness , not only of the truth of his words and intentions , but also of his acknowledging of gods help in speaking truth in assertory oaths , and his expectation of gods help to perform what he saith he will do in promissory ; which is a new and wild conceit . new , for none , as far as i know , ever vented it before ; but all writers that i have met with , have made the calling of god to witness the truth of our speech in assertory oaths , and of our intentions to perform , what we say in promissory , without this addition of acknowledging , that it is by gods help we speak truth , or of expectation of help from god to do , what we promise , to be swearing . and it is a wild conceit . for . it is frivolous to call god to witness , that he speaks truth by his help , or that he expects his help to do what he promiseth , it being impertinent to the occasion and end of swearing ; the occasion of swearing being some uncertainty of the truth of his words and intentions , and the end to take away that , there is no question or controversie to be decided by whose help he speaks truth , nor by whose help he expects to perform what he promiseth . every man knowes , that what is spoken or done , is by gods help , else it could not be ; but whether it be certainly true which he affirms , and his intentions true and real to perform , the consideration by whose help he speaks , or expects to do what he promiseth , is not at all required or minded by the exactor of the oath , as belonging to the oath , but the acknowledging that he speaks truth by gods help , is only a duty of thankfulness , which is fittest to be done by the person swearing after the oath is taken , and the expectation of help from god to perform what he promises , is a duty of trust in god , or dependance on him to be done after the swearing . . if this were necessary to an oath , then he were forsworn or unsworn , that did not acknowledge , that he spake truth by gods help , or did not depend on gods help for performance of what he promised , and all infidels , hypocrites , saints that neglect their duty herein , let their words or intentions be never so true , and their performance never so punctual and exact , should be perjured or unsworn . that which he alledgeth for this conceit , is frivolous . for the unlawfulness of swearing by any creature , is not , because no creature can help him that swears to speak the truth , or perform what he promised ; he that informs him of the truth , may help the swearer to speak truth , though he be a creature , and he that will aid him with money , &c. may help him to perform what he promised ; but because god only is a witness of secret truths , and sincerity of intentions , and can only be his judge and avenger if he speak not truth , and therefore more fully oaths are expressed in such forms as these , god be my judge , witness , helper , &c. nor is the reason , why god takes it ill that men swear falsly by his name , because it is as much as to say , that god did help them to speak a lie , for then in promissory oaths when they swearby god , he should take it ill if they do not perform their promise , because it is as much as to say , that god helps them to neglect their promise ; which is a sense no swearer imagins his words bear , nor any reprover of perjury , did ever give as the reason of the iniquity of the breaker of his oath : but because he by false swearing shews he either believes not , or fears not gods discovery , or avenging of his deceit . in the form of swearing in our common law , so help me god , the words are not in the indicative mood , as if it were god doth help me , or will help me , but ita me deus adiuvet in the imperative or potential , let god help me , may god help me , i pray or wish god may help me , or not according as i speak , truly or otherwise , nor is the charge given by the giver of the oath to the witness , by the help of god to speak truth , but he requires him to speak truth , as he expects help from god in other things , as his salvation , &c. when the swearer speaketh the words , it is his pawning his help he expects from god , as a voucher that he speaks truth ; not an acknowledging he speaks truth by gods helping him only in that act of speaking . as for what he alledgeth out of deut. . . and . . and . . to prove that all calling to witness is not swearing , it is granted him . i easily yield , that men and inanimate things may be taken to witness without swearing , as gen. . . josh . . . but nevertheless calling god to witness that we speak truth , or intend as we speak is swearing : even as though such rhetorical speeches as are used , isa . . . jer. . , &c. are not prayers ; or invitations to hear , yet the words of solomon , kin. . , . are prayer , so though it be not swearing which is used , deut. . . yet it is swearing which is used , cor , . . another thing which samuel hodgkin affirms , is , that all promissory oaths are forbidden by christ , mat. . . jam. . . he grants assertory oaths not forbidden , because they were commanded in the old testament , exod. . . but denies promissory oaths to be lawful , because they are voluntary , and the occasion of the precept was about voluntary oaths , ver . . and therefore they are wholly forbidden , but not assertory . whence he infers , that the oaths of allegiance and supremacy , so far as they are promissory are forbidden . concerning this opinion , i deny not , but that there are learned men that conceive , that promissory oaths of secular matters , especially of small moment , are forbidden , because of the occasion , ver . . of the prohibition , mat. . . but if promissory oaths be forbidden universally , then the promissory oaths to the lord are forbidden , and not only oaths of secular matters between man and man. and if all promissory oaths be forbidden , the swearing according to our common law , not excepted against by s. h. should be unlawful . for thus usually is the witness sworn , you shall make true answer to such questions as shall be demanded of you : you shall speak the truth , the whole truth , nothing but the truth . the jury thus , you shall well and truly trie , and true deliverance make ; all which are requiring of a promise ; and so exacting a promissory oath . but that promissory oaths are not universally forbidden , i prove , . from thes . . . where the apostle urgeth the thessalonians thus , i adjure you by the lord , that this epistle be read to all the holy brethren . that this passage contains urging by oath , hath been proved before in my serious consideration of the oath of the kings supremacy , and in this supplement in my reply to richard hubberthorn and samuel fisher . but this oath which he urgeth on them , was promissory , it being of a thing to be done by them , to wit , the reading of that epistle to all the holy brethren . whence i argue , that sort of oath by which paul adjured , bound , or urged the thessalonians , was lawful , else the apostle would not have urged it , or them by it . but paul adjured , bound by , or urged the thessalonians by a promissory oath , therefore a promissory oath is lawful in the new testament . that which samuel hodgkin saith , that the text speaks not a word of swearing , is not true , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies i adjure , or urge you by oath , it is the same word that is used , mat. . . which samuel hodgkin himself , p. . denies not to have been a charging christ to swear by the living god , saving that mat. . . it is the compound verb , but thes . . . the simple . but saith samuel hodgkin , were it not more reasonable to think , that if the thessalonians did value pauls charge , they would as soon have read this epistle without swearing , as to be sworn to read it ? for doubtless , if they had not valued his charging them to read it , they would not have valued his charging them to swear to read it . i reply , whether the thessalonians did value pauls charge or no , cannot be determined by us , but this we know , that adjuring or urging by oath , being a stricter bond , then urging to promise , or requiring without an oath , it may well be conceived , that the apostle had reason to charge them by oath , and not barely to charge them without it . . i urge that passage , heb. . . an oath for confirmation , is to men an end of all strife , of which samuel hodgkin , p. . grants , that it contains the end of oaths commanded , and so cannot in reason deny , that those oaths which are there meant , having the end of swearing are lawful . but that passage speaks of the end of promissory oaths , ( for such was gods oath , of which the apostle there speaks , ver . . , . ) and therefore they have the end of swearing to take away strife or contradiction , or doubt concerning mens intentions and purposes one to another , and so are for a necessary use , and consequently , lawful . . the angels swearing , rev. . . that there should be time no longer , was of a thing future , and therefore to be reduced to promissory oaths , if the division of oaths into assertory and promissory be full , it cannot be reduced to assertory oaths , therefore it must be reduced to promissory , and therefore promissory oaths are not wholly forbidden . . that which the psalmist makes a property of one that was to dwell in gods holy hill , psal . . was moral , and so not unlawful , as abrogated in the new testament , but when he saith , a person making a promissory oath is not to change , that is , not to neglect to keep it , though it be to his own hurt , he allows a promissory oath , as in some cases lawful . . add hereto , that a promissory oath if unlawful , is so , either because it is swearing , and then all swearing should be unlawful , contrary to the grant concerning assertory oaths , by samuel hodgkin , if as promissory , then all promises should be unlawful , and so all civil contracts unlawful , marriage , covenants , &c. . if no promissory oaths be lawful to a christian , then a christian prince may not confirm a league with another prince or state , nor any magistrates , officers of justice , take promissory oaths , no souldiers , no trustees , secretaries , &c. are to make promissory oaths of faithfulness , which would expose all affairs of government and trust , to such hazard and uncertainty , as would take away , as things and men are , much of that security men have in their affairs , and hasten the ruine of states . that which samuel hodgkin saith , that there is no command for promissory oaths , is said without proof . for the precepts , deut. . . deut. . . jer. . . do include promissory oaths , as well as assertory . as there is no difference made in the text , so there is as much if not more likelihood , that promissory oaths should be chiefly meant , because the oaths of which we have examples in the old testament , are most of them promissory . 't is true , mat. . . speaks of promissory oaths , but that the prohibition , ver . . is limited to promissory , as forbidding them only , and not assertory , or forbidding promissory oaths universally , so as to allow none of that sort , is said without proof , and there is this in the text to shew , that it is meant not of those promissory oaths , which are meant , ver . . to wit , special vows to god ; but of other oaths , whether promissory or assertory , which are in our ordinary speech , . that the forms of oaths , by the heaven , by the earth , by jerusalem , by the head , there expressed , are not used in special vowes , but in common speech of one man with another , and most likely in customary , light , needless , passionate swearing . . the expression [ let your communication or speech ] notes their conference one with another . . and so do the terms , yea and nay , which are used most fitly in colloquies or speeches , wherein one answers another . finis . the cry of the innocent for justice being a relation of the tryal of john crook, and others, at the general sessions, held in the old bayley, london : beginning the th day of the th month, called june, in the year : before the lord mayor of the city of london, and recorder of the same, chief justice forster, and divers other judges and justices of the peace, so called : published for no other end but to prevent mistakes, and to satisfie all moderate enquirers, concerning the dealings and usages that the said j.c. and others met withal, from the beginning of the said tryals to the end. crook, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the cry of the innocent for justice being a relation of the tryal of john crook, and others, at the general sessions, held in the old bayley, london : beginning the th day of the th month, called june, in the year : before the lord mayor of the city of london, and recorder of the same, chief justice forster, and divers other judges and justices of the peace, so called : published for no other end but to prevent mistakes, and to satisfie all moderate enquirers, concerning the dealings and usages that the said j.c. and others met withal, from the beginning of the said tryals to the end. crook, john, - . p. s.n.], [s.l. : . epistle signed: j.c. errata: p. . this item can be found at reels : and : . wing number c at reel position : cancelled in wing ( nd ed.). reproduction of originals in the huntington library and union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- great britain. oaths -- great britain. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cry of the innocent for justice : being a relation of the tryal of john crook , and others , at the general sessions , held in the old bayley , london ; beginning the th . day of the th . month , called june , in the year , . before the lord mayor of the city of london , and recorder of the same , chief justice forster , and divers other judges and justices of the peace , so called . published for no other end but to prevent mistakes , and to satisfie all moderate enquirers , concerning the dealings and usages that the said j. c. and others met withal , from the beginning of the said tryals to the end . alitur vitium , vivitque tegendo . eccles . . . if thou seest the oppression of the poor , and violent perverting of judgment and justice in a province , marvel not at the matter ; for he that is higher than the highest regardeth , and there be higher than they . printed in the year , . an epistle to all moderate readers . many and great in all ages unto this day have been the afflictions , tryals , and oppressions of the righteous , as have been foretold by the holy prophets , christ and his apostles since the world began ; yet god hath not left himself without witness , both in preserving some in all ages to testifie against the idolatries and oppressions of the days and times in which they lived ; as also of his judicial appearances to punish the unjust and merciless imposers on mens consciences , because of their worshipping of god : for about that the first quarrel began , witness the serpent tempting from the observance of god's command , which he could not do by flat and plain denial , because of the positiveness of god's command to man , saying , thou shalt not eat of the tree of knowledge , &c. therefore he did it by interpreting or expounding of that command , saying , it is because god knoweth that by eating thereof you shall be like him , knowing good and evil ; and by this interpretation or meaning of the devil ( who was the first that ever put meanings to god's words ) man was deceived , and thus was transgression brought in , and by the same means hath continued unto this day in the world ; for as it was , so it is , god said to man , thou shalt not , but the deceiving spirit saith , that is not intended as it was spoken , for it hath a meaning , &c. and soon after cain , the devil's successor in murder and lying , falls upon righteous abel , for no other cause than the worshipping of god according to his conscience , in the faith and power of god , which was not consistent with cain's hypocrisie and formality . and thus the quarrel first began about religion , whether power or form should bear sway , and by religion it shall end ; and therefore blessed are they for ever who are found faithful unto death , for they shall have the crown of life ; for sincerity shall prevail over hypocrisie , and the power against all idolatry and formality ; for the lord hath spoken it . and as holy writ furnisheth us with examples in this matter , both as to witnesses that have stood for god , against the imposers on the conscience , as daniel , the three children , christ himself and his apostles , with other clouds of witnesses ; and also of his righteous judgments upon the oppressors and imposers , as the curse upon the serpent , and the plagues upon pharoah , and the brand upon jeroboam the son of nebat , who caused israel to sin by his imposing ; with many more that might be named . so our histories and laws are not without presidents in this case also , witness the book of martyrs , which testifies of the sufferings of the martyrs , how that they ( as the apostles did ) suffered for bearing witness against , not only unrighteous persons , but unrighteous laws also : for the laws of the kingdoms and nations ( in which they suffered , as well in england under the christian governors ( so called ) as in other parts ) did require those things , or some of them [ the denial of which ] was the cause of their sufferings then , as it is of us now ; and may be seen at large in those books , from whence came the name protestant , because they were witnesses against the unrighteousness and idolatrousness of the times in which they lived , notwithstanding any laws that were to the contrary ; and as tokens of god's displeasure against these things , many eminent judgments fell suddenly upon the persecutors , as some by sudden death were taken away , others by bursting asunder , their bowels falling out in a wonderful manner , with like violent deaths , which for signal testimonies of god's wrath and fury , did fall upon many , to the astonishing of the beholders in those dayes . and our law-books furnish us with several acts of justice that were executed upon unjust judges for their not keeping unto the laws and rules of justice , made and appointed both for the peoples safety , and them to act by ; as may be seen in king alfred's time , mentioned in the mirror of justice , where it is recorded , that forty four judges or justices were hanged in one year for their injustice , whose crimes may be seen as set down in the said book . and the lord cook ( so called ) institutes , d part , cap. . pag. . saith thus : what damnable and damned opinions those were concerning high treason , of tresilian chief justice of the kings bench , sir robert beltnap chief justice of the common bench , and others of their fellows ; and of john lockton one of the kings serjeants , &c. but ( saith cook ) more detestable were the opinions of the justices in the . of rich. . and of hanckford and brinchley the kings serjeants , &c. these justices and serjeants were called in question afterwards in the parliament holden anno . hen. . for their said opinions , answered , as divers lords spiritual and temporal did , that they durst no otherwise do for fear of death : yet were these two chief justices , and the rest aforesaid , attainted , for that it was ( as the parliament affirmed ) for the great honour and common profit of the realm . and remarkable is that history , which tells us of a corrupt judge who was commanded to have his skin taken off , and to be made as a carpet or covering , and to be in the view or sight of the judgement seat , to remain as a terror to all unjust judges . these , with many more examples , are recorded in our law-books , and elsewhere , as monuments of justice against those that caused injustice thus to be acted , and of terror unto all corrupt judges , for the future to be afraid of the like injustice . see walter rawleigh's hist . world , lib. . chap. . j. c. the cry of the innocent for justice . i have here collected the proceedings of the now present chief justice of the king's bench , with others of his brethren , occasioned by a late tryal before them at the publick sessions for the peace and goal-delivery , holden in the old baily , begun the . of the th month ( called june ) the lord mayor of the city of london and sheriffs , with divers justices and aldermen then present . viz. silence being made , the chief judge commanded the cryer of the court to call one of the prisoners to the bar , who was brought thither accordingly out of the bail-dock from amongst the felons and murderers . chief judge . what meeting was that you were at ? prisoner . i desire to be heard ; where is mine accuser ? for i expect the issue will be brought forth , having been thus long in prison . c. judg. your tongue is your own , and you must not have liberty to speak what you list . pris . i speak in the presence and fear of the everlasting god , that my tongue is not my own , for it is the lords , and to be disposed of according to his pleasure , and not to speak my own words ; and therefore i desire to be heard : i have been so long in prison — then he was interrupted by the judge . judg. leave your canting ; and commanded him to be taken away , which he was accordingly by the jaylor . this was the substance of what the prisoner aforesaid spake the first time . c. judg. call john crook to the bar , which the cryer did accordingly , he being amongst the felons as aforesaid . john crook being brought to the bar : c. judg. when did you take the oath of allegiance ? j. crook . i desire to be heard . c. judg. answer to the question , and you shall be heard . j. cr. i have been about six weeks in prison , and am i now called to accuse my self ? for the answering to this question in the negative is to accuse my self , which you ought not to put me upon ; for , nemo debet seipsum prodere . i am an english-man , and by the law of england i ought not to be taken nor imprisoned , nor deseired of my free-hold , nor called in question , nor put to answer , but according to the law of the land ; which i challenge as my birthright , on my own behalf , and all that hear me this day ( or words to this purpose ) i stand here at this bar as a delinquent , and do desire that my accuser may be brought forth to accuse me for my delinquency , and then i shall answer to my charge ( if any i be guilty of . ) c. judge . you are here demanded to take the oath of allegiance , and when you have done that , then you shall be heard about the other ; for we have power to tender it to any man. j. c. not to me upon this occasion , in this place ; for i am brought hither as an offender already , and not to be made an offender here , or to accuse my self ; for i am an english-man , as i have said to you , and challenge the benefit of the laws of england ; for by them , is a better inheritance derived to me as an english-man , than that which i receive from my parents ; for by the former the latter is preserved : and this the th chapter of magna charta , and the petition of right , mentioned in the d of car. . and in other good laws of england ; and therefore i desire the benefit and observance of them : and you that are judges upon the bench ought to be my counsel , and not my accusers , but to inform me of the benefit of those laws ; and wherein i am ignorant you ought to inform me , that i may not suffer through my own ignorance of those advantages which the laws of england afford me as an english-man . reader , i here give thee a brief account of my taking and imprisoning , that thou mayest the better judge what justice i had from the court aforesaid , which is , as followeth . i being in johns-street london , about the th day of the d month ( called may ) with some others of the people of god , to wait upon him , as we were sate together , there came in a rude man ( called miller ) with a long cane in his hand , who laid violent hands upon me , with some others , beating some , commanding the constables who came in after him ; but having no warrant , were not willing to meddle , but as his threatnings prevailed , they being afraid of him , joyned with him to carry several of us before justice powel ( so called ) who the next day sent us to the sessions at hicks's-hall ; where , after some discourse several times with them , manifesting to them the illegality both of our commitment , and their proceedings thereupon ; yet notwithstanding , they committed me and others , and caused an indictment to be drawn against us , founded upon the late act against quakers and others , and then remanded us to new-prison , where we continued for some dayes , and then removed to newgate , where we remained until the sessions in the old bailey aforesaid ; whereby thou mayest understand what justice i met withal , by what went before , and now further follows . c. judg. we sit here to do justice , and are upon our oaths , and we are to tell you what is law , and not you us : therefore sirrah you are too bold . j. c. sirrah is not a word becoming a judge ; for i am no felon ; neither ought you to menace the prisoner at the bar : for i stand here arraigned as for my life and liberty , and the preservation of my wife and children , and outward estate , [ they being now at the stake ; ] therefore you ought to hear me to the full what i can say in my own defence , according to law , and that in its season , as it is given me to speak : therefore i hope the court will bear with me , if i am bold to assert my liberty as an english-man and as a christian : and if i speak loud , it is my zeal for the truth , and for the name of the lord ; and mine innocency makes me bold — judg. it is an evil zeal , interrupting john crook . j. cr. no , i am bold in the name of the lord god almighty , the everlasting jehovah , to assert the truth , and stand as a witness for it : let my accuser be brought forth , and i am ready to answer any court of justice — then the judge interrupted me , saying , sirrah , with some other words i do not remember : but i answered , you are not to threaten me , neither are those menaces fit for the mouth of a judge : for the safety of a prisoner stands in the indifferency of the court ; and you ought not to behave your selves as parties ; seeking all advantages against the prisoner , but not heeding any thing that may make for his clearing or advantage — the judge again interrupted me , saying , judg. sirrah , you are to take the oath , and here we tender it you ( bidding read it . ) j. cr. let me see mine accuser , that i may know for what cause i have been six weeks imprisoned , and do not put me to accuse my self by asking me questions ; but either let my accuser come forth , or otherwise let me be discharged by proclamation , as you ought to do — here i was interrupted again . judge twisden . we take no notice of your being here otherwise than of a stragler , or as any other person , or of the people that are here this day ; for we may tender the oath to any man. and another judge spake to the like purpose . j. c. i am here at your bar as a prisoner restrained of my liberty , and do question whether you ought in justice to tender me the oath on the account i am now brought before you , because i am supposed to be an offender , or else why have i been six weeks in prison already ? let me be cleared of my imprisonment , and then i shall answer to what is charged against me , and to the question now propounded ; for i am a lover of justice with all my soul , and am well known by my neighbours where i have lived , to keep a conscience void of offence both towards god , and towards man. judg. sirrah , leave your canting . j. c. is this canting , to speak the words of the scripture ? judg. it 's canting in your mouth , though they are paul's words . j. c. i speak but the words of the scripture , and it is not canting though i speak them , but they are words of truth and soberness in my mouth , they being witnessed by me , and fulfilled in me . judg. we do ask you again , whether you will take the oath of allegiance ? it is but a short question , you may answer it if you will. j. c. by what law have you power to tender it ? then , after some consultation together by whispering , they called for the statute-book , and turning over the leaves , they answered , judg. by the d of king james . j. c. i desire that statute may be read ; for i have consulted it , and do not understand that you have power by that statute to tender me the oath , being here before you in this place upon this occasion , as a delinquent already ; and therefore i desire the judgment of the court in this case , and that the statute may be read . judge . then they took the statute-book and consulted together upon it , and one said , we are the judges of this land , and do better understand our power than you do , and we do judge we may lawfully do it . j. cr. is this the judgment of the court ? judg. yes . j. cr. i desire the statute to be read that impowers you to tender the oath to me upon this occasion in this place ; for , vox audita perit , set litera scripta manet , therefore let me hear it read . judg. hear me . j. cr. i am as willing to hear as to speak . judg. then hear me : you are here required to take the oath by the court , and i will inform you what the penalty will be in case you refuse : for , your first denial shall be recorded , and then it shall be tendered to you again at the end of the sessions , and upon the second refusal you run a premunire , which is the forfeiture of all your estate ( if you have any ) and imprisonment during life . j. c. it is justice i stand for ; let me have justice , in bringing my accuser face to face , as by law you ought to do , i standing at your bar as a delinquent ; and when that is done , i will answer to what can be charged against me , as also to the question ; until then i shall give no other answer than i have already done , ( at least at present . ) then there was a cry in the court , take him away , which occasioned a great interruption , and j. c. spake to this purpose , saying , mind the fear of the lord god , that you may come to the knowledge of his will , and do justice ; and take heed of oppressing the innocent , for the lord god of heaven and earth will assuredly plead their cause : and for my part , i desire not the hurt of one of the hairs of your heads , but let god's wisdom guide you . these words he spake at the bar , and as he was carrying away . on the sixt day of the week in the forenoon following , the court being sate , john crook was called to the bar. c. judg. friend crook , we have given you time to consider of what was said yesterday to you by the court , hoping you may have better considered of it by this time : therefore , without any more words , will you take the oath ? and called to the clerk , and bid him read it . j. c. i did not , neither do i deny allegiance , but do desire to know the cause of my so long imprisonment ; for , as i said , i stand at your bar as a delinquent , and am brought hither by force , contrary to the law ; therefore let me see my accuser , or else free me by proclamation , as i ought to be , if none can accuse me : for the law is grounded upon right reason , and whatsoever is contrary to right reason , is contrary to law ; and therefore if no accuser appear , you ought to acquit me first , and then i shall answer , as i have said , if any new matter appear , otherwise it is of force , and that our law abhors , and you ought not to take notice of my so being before you ; for what is not legally so , is not so ; and therefore i am in the condition , as if i were not before you : and therefore it cannot be supposed in right reason , that you have now power at this time , and in this place legally to tender me the oath . judg. reade the oath to him , and so the clerk began to reade . j. c. i desire justice according to the laws of england : for you ought first to convict me concerning the cause of my so long imprisonment : for you are to proceed according to laws already made , and not to make laws ; for you ought to be ministers of the law. judg. you are a saucy and an impudent fellow ; will you tell us what is law , or our duties ? then said he to the clerk , reade on ; and when the clerk had done reading , i. cr. said , reade the preface to the act ; i say again , reade the title and preamble to the act ; for titles to laws , are claves legum , as keys to open the law ; for by their titles laws are understood and known , as men by their faces . then the judges would have interrupted me , but i said as followeth , if you will not hear me , nor do me justice , i must appeal to the lord god of heaven and earth , who is judge of quick and dead , before whom we shall all appear to give an account for the deeds done in the body ; for he will judge between you and me this day , whether you have done me justice or not ? these words following ( or the like ) i spake as going from the bar , being pulled away , viz. mind the fear of the lord god , that you may do justice , lest you perish in his wrath : for sometimes the court cryed , pull him away , and then said , bring him again ; and thus they did several times , like men in confusion and disorder . the same day in the afternoon , silence being made , john crook was called to the bar before the judges and justices aforesaid : the indictment being read , the judge said , mr. crook , you have heard your indictment , what say you , are you guilty , or not guilty ? i. c. i desire to speak a few words in humility and soberness , in regard my estate and liberty lies at stake , and am like to be a president for many more ; therefore i hope the court will not deny me the right and benefit of the law , as being an english-man ; i have some reason , before i speak any thing to the indictment , to demand and tell you , that i desire to know mine accusers ; i have been kept this six weeks in prison , and know not , nor have not seen the faces of them . judg. we shall afford you the right of the law as an english-man , god forbid you should be denied it ; but you must answer first , guilty , or not guilty , that so in your tryal you may have a fair hearing and pleading ; but if you go on as you do ( and will not answer guilty , or not guilty ) you will run your self into a premunire , and then you lose the benefit of the law , and expose your self , body and estate , to great hazards ; and whatever violence is offered to your person or estate , you are out of the king's protection , and lose the benefit of the law , and all this by your not answering ( guilty , or not guilty ) if you plead not guilty , you may be heard . i. c. it is recorded in the statutes of the . edw. . and . and . edw. . & . in these words , no man is to be taken , or imprisoned , or be put to answer without presentment before iustices , or matter of record , or by due process , or writ-original according to the old law of the land ; and if any thing from henceforth be done to the contrary , it shall be void in law , and holden for error : and also in the of edw. . . and the . car. . and the . cap. mag. chart. no freeman shall be taken and imprisoned but by the law of the land ; these words [ the law of the land ] are explained by the statute of edw. . . to be without due process of law : and if any judgments be given contrary to mag. chart. they are void , edw. . . judg. mr. crook , you are out of the way , and do not understand the law ; though you adore the statute law so much , yet you do not understand it . i. c. i would have you tell me the right way . judg. mr. crook , hear me , you must say , guilty , or not guilty ; if you plead not guilty , you shall be heard , and know how far the law favors you . and the next thing is , there is no circumstance whatsoever that is the cause of your imprisonment that you question , but you have as a subject , your remedies , if you will go this way , and wave other things , and answer guilty , or not guilty ; and what the law affords you , you shall have , if you do what the law requires you , or else you will lose the benefit of the law , and be out of the king's protection . i. c. observe how the judge would draw me into a snare , viz. by first pleading ( guilty , or not guilty ) and when i have done so , he and his brethren intend suddenly to put me ( as an out-law'd person ) out of the king's protection ; and how then can i have remedy for my false imprisonment ? therefore first clear me , or condemn me for my false imprisonment , while i am in a capacity to have the benefit of the law , and not to out-law me for an offence created by your selves , and then to stop my mouth , you tell me , that if i have been wronged or false imprisoned , i may have my remedy afterwards ; this is to trapan me , and contrary to both law and justice , &c. judg. you must plead guilty , or not guilty . i. cr. i do desire in humility and meekness to say , i shall not , i dare not betray the honesty of my cause , and the honest ones of this nation , whose liberty i stand for as well as my own , as i have cause to think i shall , if i plead to the present indictment before i see the faces of my accusers ; for truly , i am not satisfied in my judgment and conscience that i ought to plead to a created offence by you , before i be first acquitted of the cause of my being brought prisoner to your bar , and therefore it sticks with me to urge this further , viz. that i may see my accusers . — interruption . judg. the errandest thief may say he is not satisfied in his conscience . i. cr. my case is not theirs , yet they have their accusers ; and may not i call for mine ? and therefore call for them , for you ought to do so , as christ said to the woman , ( woman , where are thine accusers ? ) so you ought to say to me , ( man , where are thine accusers ? ) — interrupted . judg. your indictment is your accuser , and the grand jury hath found you guilty , because you did not swear ; what say you mr. crook , are you guilty , or not guilty ? if you will not answer , or what you have said be taken for your answer , as i told you before , you lose the benefit of the law ; and what i tell you is for your good . i. cr. what is for good i hope i shall take it so . judg. if you will not answer , you run your self into a premunire , and you will lose the benefit of the law , and of the king's protection , unless you plead guilty , or not guilty . i. cr. i stand as brought forcibly and violently hither , neither had i been here but by a violent action , and that you should take no notice of it , seems strange to me ; and not only so , but that you should hasten me so fast into a course that i should not be able any wayes to help my self , by reason of your so hasty and fast proceedings against me to put put me out of the king's protection , and the benefit of all law ; was ever the like known or heard of in a court of justice ! judg. friend , this is not here in question , whether you are unjustly brought here , or not ; do you question that by law , but not disable your self to take advantage by the law ; if brought by a wrong hand , you have a plea against them , but you must first answer guilty , or not guilty . i. cr. how can i help my self when you have out-lawed me ? therefore let proclamation be made in the court , that i was brought by force hither , and let me stand cleared by proclamation , as you ought to do ; for you are discernere per legem , quid sit justum , and not to do what seems good in your own eyes , ( here i was interrupted again ) but might have spoken justice crook's words in hamden's case , who said , that we who are judges speak upon our oaths , and therefore must deliver our judgements according to our consciences ; and the fault will lie upon us if it be illegal , and we deliver it for law : and further said , we that are judges must not give our judgments according to policy , or rules of state , nor conveniencies , but only according to law. these were his words , which i might have spoken , but was interrupted . judg. what though no man tendred the oath to you when you were committed ( as you say ) it being now tendred to you ? from the time you refused it , being tendred to you by a lawful authority , you refusing , are indicted ; we look not upon what you are here for , but here finding you , we tender you the oath , and you refusing it , your imprisonment is now just and according to law. ( something omitted which i spake afterwards . ) i. cr. how came i here , if you know not ? i have told you it is by force and violence , which our law altogether condemns ; and therefore i not being legally before , am not before you ; for what is not legally so , is not so ; and i not being legally brought to your bar , you ought not to take notice of my being here . judg. no , no , you are mistaken : so you may say of all the people gazing here , they not being legally here , are not here . i tell you a man being brought by force hither , we may tender him the oath , and if he take it not , he may be committed to prison ; authority hath given us the power , and the statute-law hath given us authority to tender the oath to any person , and so have we tendred it you , and for your not taking of it , you are indicted by the grand jury ; answer the accusation , or confute the indictment , you must do the one or the other ; answer guilty , or not guilty . ( i. cr. here i was interrupted , but might have said , that the people that were spectators , beholding and hearing the tryals , are not to be called gazers , as the judge terms them , because it is their liberty and priviledge as they are english-men , and the law of england allows the same , so that they are not to be termed gazers upon this account , but are legally in that place , to hear tryals and see justice done , and might have spoken ( if occasion had been ) any thing in the prisoners defence , tending to clear up the matter in difference , and the court must have heard them or him , and this as a stander-by , or amicus curiae , so saith cook. ) i. c. the law is built upon right reason , or right reason is the law ; and whatever is contrary to right reason , is contrary to law , the reason of the law being the law it self . i am no lawyer , and my knowledge of it is but little , yet i have had a love to it , for that reason i have found in it , and have spent some leisurable hours in the reading thereof ; and the law is that which i honour , and is good in its place ; many laws being just and good ( not all ) but i say a great part of it , or much of it , and that is not my intention in the least to disparage or derogate from . judg. mr. crook , you have been told you must plead guilty , or not guilty , or else you will run your self into a premunire ; be not your own enemy , nor be not so obstinate . i. cr. i would not stand obstinately before you , neither am i so ; if you understand it otherwise , it is a mistake indeed . judg. will you speak to the indictment ? and then you may plead : if you will not answer guilty , or not guilty , we will record it , and judgment shall go against you . clerk , enter him . recorder . mr. crook , if you will answer you may plead for your self , or will you take the oath ? the court takes no notice how you came hither ; what say you , will you answer ? for a man may be brought out of smithfield by head and shoulders , and the oath tendred to him , and may be committed , without taking notice how he came here . i. cr. that kind of proceeding is not only unjust but unreasonable also — ( here was some interruption ) and against the laws aforesaid , which say , no man shall be taken , or imprisoned , but by warrant , or due process of law ; so that this speech of the recorders savours more of passion than iustice , and cruelty than due observance of law : for every forcible restraint of a man's liberty is an imprisonment in law. besides , this kind of practice , to take men by force and imprison them , and then ask them questions , the answering of which makes them guilty , is not only unrighteous in it self , but against law , and makes one evil act the ground of another , and one injury offered to one the foundation of another ; and this is my case this day — interruption . iudg. mr. crook , you must not be your own iudge , we are your iudges ; but for our parts we will not wrong you : will you answer guilty , or not guilty ? if not , you will run your self into a premunire unavoidably , and then you know what i told you would follow ; for we take no notice how you came hither , but finding you here we tender you the oath . i. cr. then it seems you make the law a trapan to ensnare me , or as a nose of wax , or what you please : well! i shall leave my cause with the lord god , who will plead for me in righteousness . but suppose i do take the oath [ now ] at this time , you may call me again [ to morrow ] and make a new tender ; or others may call me before them . iudg. yes , if there be new matter ; or , if there fall out any emergent occasion , whereby you minister on your part new occasion : mr. crook , will you swear ? i. cr. if i do take it to day , it may be tendred me again to morrow , and so next day , ad infinitum ; whereby a great part of my time may be spent and taken up in taking the oath and swearing . c. iudg. when you have [ once ] sworn , you may not be put upon it again , except you minister occasion on your part . i. cr. is this the judgement of the court , that the oath [ once ] taken by me is sufficient , and ought not to be tendred a second time , without new matter ministred on my part ? iudg. yes , you making it appear you have [ once ] taken it . i. cr. is this the iudgment of the whole court ? for i would not do any thing rashly . judges . yes , it is the iudgement of the court ; to which they all standing up , said , yes . i. c. then it seems there must be some new occasion ministred by me after i have [ once ] taken it , or it ought not to be tendred to me the second time . iudges . yes . i. c. then by the iudgment of this court , if i make it appear that i have taken the oath [ once ] and i have ministred no new matter on my part , whereby i can be justly charged with the breach of it , then it ought not to be tendred me the second time ; but i am the man that have taken it [ once ) being a freeman of the city of london , when i was made free , witness the records in guild-hall , which i may produce , and no new matter appearing to you on my part , if there do , let me know it ; if not , you ought not by your own iudgment to tender me it the second time , for , de non apparentibus , & non existantibus eadem ratio est — interrupted by the shout of the court , when these last words might have been spoken . iudg. mr. crook you are mistaken , you must not think to surprize the court with critiscisms , nor draw false conclusions from our iudgments . i. cr. if this be not a natural conclusion from the iudgment of the court , let right reason judge ; and if you recede from your own iudgments in the same breath ( as it were ) given even now , what iustice can i expect from you ? for , if you will not be just to your selves and your own iudgments , how can i expect you should be just to me ? judg. mr. crook , if you have taken it , if there be a new emergency , you are to take it again ; as for instance , the king hath been out of england , and now is come in again , there be many have taken it twenty , thirty , or forty years since , yet this new emergency requires it again ; and although you have taken it , yet you must not make it appear before you answer guilty , or not guilty ; therefore do not wrong your self , and prejudice your self and family : do you think that every fellow that comes hither shall argue as you do ? we have no more to do but to know of you whether you will answer ( guilty , or not guilty ) or take the oath , and then you shall be freed from the indictment ; if you will not plead , clerk record it ; what say you ? are you guilty , or not guilty ? i. cr. will you not stand to your own iudgments ? did you not say even now , that if i had ( once ) taken the oath , it ought not to be tendred to me the second time , except i administred new matter on my part that i have not kept it , &c. but no such matter appearing , you ought not to tender it to me the second time by your own confession , much less to indict me for refusal . iudg. if you will not plead , we will record it , and judgment shall be given against you ; therefore say , guilty , or not guilty , or else we will record it . ( the clerk beginning to record it . ) i. cr. before i answer , i demand a copie of my indictment ; for i have heard it affirmed by counsel learned in the law , that if i plead before i have a copie , or have made my exceptions , my exceptions afterwards against the indictment will be made void : therefore i desire a copie of the indictment . judg. he that said so , deserves not the name of a counsel : for the law is , you must first answer , and then you shall have a copie . will you plead , guilty , or not guilty ? j. c. if my pleading guilty , or not guilty , will not deprive me of the benefit of quashing the indictment for insufficiency , or other exceptions that i may make against it , i shall speak to it . judg. no , it will not . will you answer , guilty or not guilty ? if you plead not , the indictment will be found against you : will you answer ? we will stay no longer . j. cr. i am upon the point ; will not my pleading deprive me of the benefit of the law ? for i am tender in that respect , because it is not my own case [ only ] but may be the case of [ thousands ] more ; therefore i would do nothing that might prejudice others or my self , as a christian , or as an english-man . judge . understand your self , ( but we will not make a bargain with you , said another judge ) you shall have the right done you as an english-man , the way is to answer , guilty or not guilty : if you plead , and find the indictment not good , you may have your remedy ; answer guilty or not guilty . j. cr. as to the indictment it is very large , and seems to be confused , and made up of some things true , and some things false ; my answer therefore is , what is true in the indictment i will not denie , because i make conscience of what i say , and therefore , of what is true , i confess my self guilty , but what is false i am not guilty of that . judg. that is not sufficient : either answer guilty , or not guilty , or judgment will be given against you . j. cr. i will speak the truth as before the lord , as all-along i have endeavoured to do , i am not guilty of that which is false contained in the indictment , which is the substance thereof . judg. no more ado , the form is nothing , guilty , or not ? i. c. i must not wrong my conscience , i am not guilty of what is false , as i said before , what is true i am guilty of : what is not true i am not guilty of that , which is the substance thereof , as i said before . recorder . it is enough , and shall serve turn . enter that , clerk. the seventh day of the week , called saturday . silence being made , john crook was called to the bar. the clerk of the sessions read something concerning the jury , which was empanelled on purpose ( as was said ) the jury being discharged who were eye-witnesses of what passed between us and the court : and this jury being divers of them souldiers , some of whom did by violence and force pull and hale friends out of their meetings , and some of us out of our houses ; and these were of the jury by whom we were to be tryed . the clerk reading the indictment ( as i remember . ) i. cr. i desire to be heard a few words , which are these , that we may have liberty till the next quarter-sessions to traverse the indictment , it being long , and in latine , and like to be a president ; and i hope i need not press it , because i understood that you promised , ( and especially the recorder , who answered ( when it was desired ) you shall ) that we should have counsel also , the which we cannot be expected to have had the benefit of , as yet , the time being so short , and we kept prisoners that we could not go forth to advise with counsel , neither could we tell how to get them to us : we having no copy of the indictment before this morning , and because so suddenly hurried down to the sessions , we cannot reasonably be supposed to be provided ( as to matter of law ) to make our defence . judg. we have given you time enough , and you shall have no more ; for we will try you at this time , therefore swear the jury . i. cr. i desire we may have justice , and that we may not be surprized in our tryal , but that we may have time till the next quarter-sessions , our indictment being in latine , and so large as it is ; and this is but that which is reasonable , and is the practice of other courts : for , if it be but an action above forty shillings , it is not ordinarily ended under two or three terms . and in the quarter-sessions if one be indicted , for a trespass , if it be but to the value of five shillings , he shall have liberty to enter his traverse , and , upon security given to prosecute , he shall have liberty till the next sessions , which is the ordinary practice ; which liberty we desire , and we hope it is so reasonable it will not be denyed , especially upon this occasion , we being like to be made a president ; and courts of justice have used , to be especially careful in making of presidents , for we are not provided according to law to make our defence at this time , and therefore if we be put upon it , it will be a surprizal . judg. there is no great matter of law in the case , it is only matter of fact , whether you have refused to take the oath or not ; that is the point in issue : and what law can arise here ? record . mr. crook , the keeper of the prison was spoken to , to tell you that we intended to try you this day , and therefore ordered him that counsel might come to you if you would , and also that the clerk should give you a copie of the indictment : this is fair , therefore we will go on to swear the jury ; for the matter is , whether you refuse the oath , or not ? and that is the single point , and there needs neither law nor counsel in the case ; and therefore we considered of it last night , when we sent you word and did determine to try you , and therefore it is in vain to say any thing , for the court is resolved to try you now , therefore swear the jury , cryer . i. c. i hope you will not surprize us : then the other prisoners ( who also were endited ) cryed out ( having spoke something before ) let us have justice , and let not the jury be sworn till we be first heard ; so there was a great noise , the court being in a confusion , some crying , take them away ; others , stay , let them alone ; others saying , go on to swear the jury , which the cryer in this uproar and confusion did do something , as if he had done it ; then we all cryed out for justice , and liberty till the next sessions ; the court being in a confusion , some crying one thing , and some another , which now cannot be called to mind , by reason of the great distraction that was in the court , neither what we said to them , nor they to us , the noise was so great , and the commands of the court so various to the officers , some commanding them to take us away , others , to let us alone , others , to bring us nearer , others cryed , put them into the bail-dock , others , to put them within the furthest bar where the felons use to stand , where we were forc'd into accordingly ; and in this hurliburly and confusion that was amongst them , some men were sworn to testifie that we refused to take the oath , which we never positively did ; other officers of the court , whom they would have sworn , refused to swear , though pressed to it by the chief justice , they desiring to be excused . then spake one of the prisoners again pretty much , but could hardly be understood by reason of the noise in the court , but the people , to whom he spake with a loud voice by way of exhortation , might hear the substance of what he said , which cannot now particularly be called to mind ; but it was to express the presence and love of god to himself , and to exhort others to mind his fear , that they also might be acquainted with god , &c. judg. stop his mouth , executioner ; which was accordingly done . prisoners . then we cryed out , will you not give us leave to speak for our selves ? we except against some of the jury , as being our enemies , and some of them who by force commanded us to be pulled out of our meetings , contrary to law , and carried us to prison without warrant , or other due process of law ; and shall these be our judges ? we except against them . judg. it is too late now , you should have done it before they had been sworn jury-men . jury go together , that which you have to find , is , whether they have refused to take the oath or no , which hath been sworn before you that they did refuse ? you need not go from the bar ; and like words said the recorder and others , there being a confusion and noise in the court , many speaking together . prisoners . then we cryed for justice , and that we might be heard , to make our defence before the jury gave their verdict : but the judge and recorder said , we should not be heard , ( making good by their practice what the chief judge had said the day before , viz. that if we had liberty to speak , we would make our selves famous and them odious ) crying again , stop their mouths executioner , which was done accordingly , with a dirty cloth , and also endeavoured to have gagg'd me * , striving to get hold of my tongue , having a gag ready in his hand for that purpose , and so we were served several times ; then i called out with a loud voice , will you condemn us without hearing ? this is to deal worse with us than pilate did with christ , who though he condemned him without a cause , yet not without hearing him speak for himself ; but you deny us both . judg. let mr. grey come to the bar ( room being made ) he was conveyed by an officer to the inner bar , where he spake to the court on this purpose : i desire to know whether according to law and the practice of this court , my self and my fellow-prisoners , may have liberty to put in bail to prosecute our traverse at the next sessions ? court. no , we will try you presently . judg. stop their mouths executioner : and this was the cry of many upon the bench , they being still in a continued confusion , some crying to the jury , give in your verdict , for we will not hear them , with other words which could not be heard for the noise , the court being in confusion . i. c. you might as well have caused us to have been murdered before we came hither , as to bring us hither under pretence to try us , and not give us leave to make our defence ; you had as good take away our lives at the bar , as to command us thus to be abused , and to have our mouths stopt : was ever the like known ? let the righteous god judge between us . will you hear me ? you have often promised that you would . judg. hear me , and we will hear you ; then he began to speak , and some others of the bench interrupted him , sometimes they speaking two or three at a time , and a noise amongst the officers of the court : but the judge said , we may give you liberty till the next sessions , but we may chuse ; and therefore we will try you now . i. c. i bade the people take notice of their promise that i should have liberty to speak , saying , see now you be as good as your words . judg. the law of england is not only just but merciful , and therefore you shall not be surprized , but shall have what justice the law allows — interruption . i. c. i remember what the judge said even now , that the law of england was a merciful law , that the court had said before , they might , if they would , give us liberty till the next sessions , but they would not ; and the maxime of the law also is , summun jus , est summa injuria , therefore i hope your practice will make it good , that it is a merciful law , and not to execute summum jus , &c. upon me , and thereby condemn your selves out of your own mouths . judg. jury , give in your verdict . i. c. let me have liberty first to speak , it is but few words , and i hope i shall do it with what brevity and pertinency my understanding will give me leave , and the occasion requires , it is to the point in these two heads , viz. matter of law , and matter of conscience : to matter of law i have this to say , first , as to the statute it self , it was made against the papists , occasioned by the gunpowder-plot ; and is entituled , for the better discovery and suppressing of popish recusants : but they have liberty , and we are destroyed , what in you lyes — ( interrupted by the judges and disturbance of the court ) as to conscience i have something to say , and that is , it is a tender thing , and we have known what it is to offend it , and therefore we dare not break christ's commands , who hath said , swear not at all ; and the apostle james said , above all things , my brethren , swear not — ( interrupted ) the court calling again to the executioner to stop my mouth , which he did accordingly with his dirty cloth as aforesaid , and his gag in his hand . judg. hear the jury , who said something to him , which was supposed to give in the verdict according to his order , for they were fit for his purpose as it seems , they beginning to lay their heads together before we had spoke any thing to them , only upon his words . judg. cryer , make silence in the court ; then the recorder taking a paper into his hand , read to this purpose , viz. the jury for the king do find that john crook , john bolton , and isaac grey are guilty of refusing to take the oath of allegiance , for which you do incur a premunire , which is the forfeiture of all your real estates during life , and your personal estates for ever , and you to be out of the king's protection , and to be imprisoned during his pleasure : and this is your sentence . i. c. but we are still under god's protection . record . adjourn the court ; which was done accordingly , and we remanded to newgate , where we remain prisoners . now follows a copy of the indictment , with some notes and observations on the same ; whereby it may appear how false it is , and how easily it might have been quasht for insufficiency , had we been allowed time ( which by law they ought to have granted ) and been suffered to have made our own defence ; but that they would not do , but stopt our mouthes , as before is said , by the hands of the executioner , to prevent what otherwise ( as the judge said ) might have come to pass , viz. by having liberty to make our defence , by that means we should make our selves famous , and them odious . jur . pro dno . rege super sacru . suu . presentant qd . ad. general . quarteral . session . pacis dni . regis tent . pro civitat . london apud guihald . ejusdem civitat . die mercurij scilt . vicessimo quinto die junij anno regni dni . n'ri . caroli sc'di dei gra . angliae , scot ' franc ' & hiberniae regis fidei defensor . &c. quarto decimo , coram joh. frederick milite majore civitat . london . thoma adams milite & baronet , rico ' browne milite & baronet , & thoma aleyn milite & baronet , aldr'is d' ce civitat . ac al. sociis suis justic . dci . d'ni regis ad pacem in civitat . pred . conservand . necnon ad diver's felon . transgr . & al. malef'ca infra eandem civitat . perpetrat audiend . & terminand . assign . sessio . ista pacis adjornat . fuit per prefat . justic . dc'i d'ni regis ib'm usque diem jovis scilt . vicessim . sext . diem ejusdem mensis junij anno supradicto ad horam septimam ante merid . ejusdem dici apud justicehall in le old bailey in paroch . sci . sepulchri in warda de farringdon extra london pred ▪ tenend . coram prefat . justic . & al. sociis suis ad faciend . ulterius prout cur. con. &c. ac ad eundem diem jovis vicessimum sextum diem junii anno quarto decimo supradicto general . quarterial . sessio ista pacis tent . fuit pro civitat . london pred . per adjornament pred . apud justicehall pred . in paroch & ward pred . coram praefat johe . frederick milite majore civitat . london , thoma adams milite & baronet , ricardo browne milite & baronet , & thoma aleyn milite & baronet , aldr'is d' ce civitat . ac willo wilde milite & baronet , uno servien . dc'i . dni regis ad legem ac recordator . civitat . pred . ac al. sociis suis justic . d'ci d'ni regis ad pacem in civitat . pred . conservand . necnon ad divers . felon . transgr . et al. malefa . infra eandem civitat . perpetrat . audiend . & terminand assign . ac adtunc & ibm . praed . general . quarterial . sessio pacis pred . ulterius adjornat . fuit per prefat . justic . usque diem veneris scilt . vicessim . septim . diem dci . mensis junii anno quarto decimo supradicto , ad horam septimam ante merid . ejusdem diei apud justicehall pred . in parochia & warda praed . tenend . coram praefat . justic . & al. sociis suis ad faciend . ulterius prout cur. con. ac superinde ad istant eandem general . quarteral . session . pacis tent . pro civitat . london . per adjornament praed . apud justice-hall praed . in paroch . & warda praed . dco die veneris vicessimo septimo die junii anno quarto decimo supradicto , coram praefat . johe . frederick milite majore civitat . london ' thoma adams milite & baronet , rico. brown milite & baronet , a rico. chiverton armigero , & thoma aleyn milite & baronet , aldr'is d' ce civitat . ac willo wilde milite & baronet . uno servien . dci ' d'ni regis ad legem ac recordator . ejusdem civitat . ac al sociis suis justic . d'ci d'ni regis ad pacem in civitat . praed . conservand . necnon ad divers . felon . transgr . & al malef'ca infra eand . civitat . perpetrat . audiend . & terminand . assign . in aperta general . quarterial . session . praed . praefat . justiciar . pacis , ult . noiat . existentes major pars justic . pacis ipsius d'ni regis infra d'cam civitat . london ' ad tunc scilt . dco . vicessimo septimo die junii anno quarto decimo supradco apud dcam paroch . sci. sepulchri in warda de farringdon extra london . praed . presen . existend . obtuler . anglie die tender johi crooke nuper de london generoso , johi bolton nuper de london aurifabro , & isaac . gray nuper de london . generoso & eor . cuilibt seperatim per se ( ad tunc existen . & cuilibt . eor . existen . ultra etat . octodecim . annor . * ) jurament . content . in quodam actu in parliament . dni . jacobi nuper regis angliae tent . per prorogationem t : apud westm . in com. middles . quinto die novembris anno. regni sui angliae , franc. et hiberniae tertio , et scotiae tricesimo nono nuper edit . et pro vis in hijs anglicanis verbis sequen . viz. i * do truly and sincerely acknowledge , profess , testifie and declare in my conscience before god and the world , that our sovereign lord king charles the second † is lawful and rightfull king of this realm , and of all other his majesties dominions and countries ; and that the pope , neither of himself , nor by any authority of the church or sea of rome , or by any other means with any other , hath any power or authority to depose the king , or to dispose of any of his majesties kingdoms or dominions , or to authorize any forreign prince to invade or anoy him or his countries , or to discharge any of his subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumults , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects within his majesties dominions . also i do swear from my heart , that notwithstanding any declaration , or sentence of excommunication or deprivation made or granted , or to be made or granted by the pope or his successors , or by any authority derived or pretended to be derived from him or his sea , against the said king , his heirs or successors , or any absolution of the said subjects from their obedience . i will bear faith and true allegiance to his majesty his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever which shall be made against his or their persons their crown and dignity , by reason or colour of any such sentence or declaration or otherwise ; and will do my best endeavour to disclose and make known unto his majesty his heirs and successors all treasons and traiterous conspiracies which i shall know or hear of to be against him or any of them . and i do further swear , that i do from my heart abhor , detest and abjure , as impious and heretical , this damnable doctrine and position , that princes which be excommunicated or deprived by the pope , may be deposed or murdered by their subjects , or any other whatsoever . and i do believe , and in my * conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear according to these express words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation , or mental evasion , or secret reservation whatsoever . and i do make this recognition and acknowledgment heartily , willingly and truly , upon the true faith of a christian . so help me god. ac qd prefat . justic . pacis ult . no'iat † ad tunc * scilt . dco . vicessimo septimo die junii anno quarto decimo supradicto apud paroch . et ward . praed . in dca . s quarterial session . pacis praed . ●osdem joh'em crooke , joh'em bolton , et isaacum gray , et eor . quemlibt . seperatim per se requisiver . ad jurament . illud super sacrosca . dei evangel . capiend . quodque iidem johes crooke , johes bolton , et isaacus gray jurament . praed . sic per pr. noi'at . justic . paces ejusdem johi crook , johi bolton , et isaaco gray ut praefectur oblat . et requisit . adtunc et ibm . obstinate et pertinaciter cape recusaver . et quilibt . eor . recusavit † . in malum exemplum omniu . alior . dci . dni regis nunc fidel . subdit . et in contempt . dci . dni . regis nunc legumque suar . contraformam statut. praed . ac contrapacem dci . dni regis nunc coron . et dignitat . suus , &c. wild . memorand . that in the writ of oyer and terminer pasche . hen. . upon the insurrection in london , it was resolved clearly by all the justices of england , that the justices of oyer and terminer cannot enquire one day , and the same day determine ; no more can the justices of the peace , &c. but the justices of goal-delivery , and justices in eyre may well do it . el. . keylewayes rep. f. . b. pl. . but they do not call themselves so in the indictment . if one in his absence be found guilty of an offence whereby he incurs a premunire , he hath two months time allowed him after he is out-lawed to be heard . ed. . cap. cook upon littl. sect . . fo . . b. saith , that the ancient law was , upon tryals for felony , &c. the defend . had dayes time , or more ( if he prayed it ) to consider of his answer . with this agrees britton , fo . . b. fortescue in libro de laudib . legum angliae . mirror of justice , cap. . sect . . the statute of ed. . . provides that inquests shall be of the next neighbours , most sufficient , and least suspicious , upon penalty of double dammages . ed. . cap. . no indictor be upon the inquests for felony nor trespass , if challenged . ed. . . juries to be of the next people , not to be suspected or procured . with this agrees regist . fo . . hen. . . that if any indictment be made but by inquest returned by the sheriff ( without denomination to him of their names ) by any but his sworn officer , it shall be void . reader , these notes and observations are here set down , that thou mayest both know thy priviledge by the law ( which is good , being used lawfully ) and also , what usage we have met withall from those who should know the law , and are sworn truly to minister the same without respect of persons ; but for such judges to punish so severely for refusing to swear , and themselves to be so regardless of keeping an oath when they have sworn , surely is one argument ( and that a good one too ) to convince me and others of the lawfulness of not swearing at all , would be the heedfulness and careful observance of them that have already sworn to keep their oaths ; at least , until this be done , to forbear punishing those that fear an oath ; otherwise , it may be said to them , as was said in the like case , thou that sayest a man ought to swear , through breaking thine oath dishonourest thou god ? surely these things ought not so to be . what a judge doth , is looked upon as a thing that ought to be done , and therefore his miscarriage hurts the more . besides , the judges judgments become as presidents and records ; and what robbery is like to that when the law it self shall be made use of ( by unrighteous judges ) to rob and dispoil us of our estates and liberties ? judges should suppose all men to be good till they be proved to be evil ; and the rule of law is , quod in criminalibus probationes debent esse luce clariores , ( englisht ) in criminal cases proofs ought to be as clear as the light , that they may rather condemn than the judge . but i shall end this particular with this maxime , as my judgment , melius est omnia mala pati , quam uno malo consentire , ( englisht ) it is better to suffer all evil , than to consent to one evil . now followeth those two points of law and conscience , which j. c. desired of the court , that he might be heard to speak to them as god should give him utterance at that time , expecting they would have given him liberty until the next sessions , and therefore had no thoughts of speaking to these things when he was called to the bar ; but the court denyed him liberty , yet he began to speak as followeth , but was interrupted . as to law in this case , for which i am called to your bar , many things might be said , as first to the statutes themselves that require the oath . for the d jacob. . the ground or cause of the making that law was the gunpowder-plot , as is manifest in the preamble of the said act , in which the papists only were the persons concerned , and therefore the title of the act is called , an act for the discovering and repressing of popish recusants : observe , not popish recusants and others , but only popish recusants ; the parliament intending them and no others when that law was made , as appears further by these words in the preamble of the . jacobi , viz. beseeching your majesty , that the same oath may be administred to all your subjects . ( mark ) by these words , to all your subjects , implyed , that the . jacobi was to be restrained only to the popish recusants , otherwise these words , to all , &c. need not have been here inserted ; and this may be further manifest unto him that will take the pains to reade the preamble to the act , and also the oath it self : the preamble saith , forasmuch as it is found by daily experience that many of his majesties subjects that adhere in their hearts to the popish religion , by the infection drawn from thence , and by the wicked and devilish counsel of jesuites , seminaries , and other like persons , dangerous to the church and state , are so far perverted in the point of their loyalty and due allegiance unto the kings majesty and crown of england , as they are ready to entertain and execute any treasonable conspiracies and practices , as evidently appears by that more than barbarous and horrible attempt to have blown up with gunpowder the king , queen and prince , lords and commons in the house of parliament assembled , tending to the utter subversion of the whole state , lately undertaken by the instigation of jesuites and seminaries , and in advancement of their religion , by their scholars , taught and instructed by them to that purpose , &c. these be the words of the preamble , by which may be seen for whom this law was made , and the oath it self manifests no less , as may be seen in the recital of it in the indictment aforesaid ; for the substance of it is to renounce the pope and papacy , and was made on purpose to find out those that were that way affected , and for no other end . and whereas it is said , the words are general towards the end of the act , viz. and if the said person or persons , or any other person whatsoever , &c. observe , that these general words ought to be restrained to the persons intended in the act , and signified both by the title , and in the preamble thereof , as aforesaid . the title saith , for the discovering and repressing of popish recusants ; that general words may be so restrained in a statute , hath been adjudged , as may be seen in the th book of cook 's institutes , in his treatise upon the high commission , the question stated by him , is , whether general words in an ast of parliament do include all particulars , and so exclude all interpretations ? his answer is , that divers acts of parliament which are general in words , have upon consideration , &c. received a particular interpretation , as appears , . hen. fol. , . by authority of parliament all preheminences , prerogatives , franchises and liberties , were given by h. . intailed generally without limitation or saving , and the question was , whether the franchises and liberties of lords and other inferior subjects were given ? and it was resolved by all the judges , that they were not , notwithstanding the general words , for the reasons expressed in the said book . so that here is one case wherein words generally mentioned in an act of parliament have been particularly understood and restrained to the persons intended in the said act. again , cook saith , that preambles are the keys to open the meaning of the makers of the act , and mischiefs which they intended to remedy ; and the judges of the law have ever expounded acts generally , in words to be particular , where the intent hath been particular : which are the words of the book . and therefore upon that rule it is they are adjudged , that where the statute of the th ed. . . is general , viz. that if any treasurer , receiver , or minister , accomptant , &c. it was adjudged ( notwithstanding the generality of the words ) that this doth not extend to the receiver of common persons ; for the reasons given in the said book , the judges restrained the generality to a particular , viz. the king's receiver only ; because the intent of the makers of the act was to punish only the ministers , or receivers of the king , and that because of the stile or title to the said act ; all which may be much more urged in the case in hand , because the title is so plain , viz. for the discovering and repressing of popish recusants , &c. and the preamble also shewing it to be made upon occasion of the gunpowder plot , &c. and therefore for these , with divers other reasons that might be mentioned , those general words before-mentioned ( by which we were judged to incur a premunire ) ought to be restrained to popish recusants , and particularly interpreted concerning them , and not to make the law a snare to those who do from their hearts , and with their tongues also deny the pope , with all alliances to , and dependences upon him , and that both as to his principles and practices ; now to make these persons offenders , only because of those general words , they refusing to swear , because they fear an oath , but readily and willingly afford and yeeld all due and just obedience , and abhor from their souls whatever is contrary either in principle or practice ; these persons without doubt were never intended by the parliament to be forced to take that oath , they refusing in conscience to an oath , and not because due subjection is required ; therefore those that punish them for such their refusal , have the greater sin , for which the righteous god will call them to account . i shall conclude this with a general rule allowed by all , in construction of statutes , quamvis lex generaliter loquitur restringenda tamen est , ut cessante ratione et ipse cesset , cum enim ratio sit anima vigorque ipsius legis ; non videtur legislator id sensisse quod ratione careat , etiamsi verborum generalitas prima facie aliter suadeat : in english thus , though the law may speak generally , yet it is to be restrained ; because reason ceasing , the law it self ceaseth ; for reason is the strength and soul of the law it self : and therefore it may not be thought that the law-makers had any such intention when the reason is wanting , though the general words at their first view may seem otherwise : for the maxime is , that the reason of the law is the law it self . now followeth some exceptions against the statute made in the iacobi . which requires the taking of the said oath , &c , first , the title is to be considered , which is , who shall take the oath of obedience , and by whom it shall be ministred , and within what time . note , that it is not said to the king and his successors , but only to the king. and it appears by the preamble also , that this act was made to enlarge the persons that were to take the oath , being all the subjects , of what estates , dignity , preheminence , sex , quality , or degree soever , he , she , or they be , or shall be , above the age of eighteen years , &c. the former act of the iacobi appertaining only to popish recusants , as before is said . again , note , that in the title aforesaid it is said , and within what time it shall be taken , which time seems to be particularly set down , within which all sorts of persons w●●e to take it , as appears in these words towards the end of the said act ; and to the intent that due execution may be had of the premises without delay , it is further enacted by the authority aforesaid , that all the persons before named , who have any certain time limited or expressed when to take the aforesaid oath , shall at the time therein prescribed take the same , and the rest within six months next after the end of this present session of parliament . note , here is a prefixed time for the several sorts of persons to take the said oath ; and the rest ( mark that ) implying all others whatsoever , to take it within six months next after the end of this present session of parliament ; but no provision is made in the said act either to minister it afterwards , or to swear to any other besides king iames ( as it seems ) and as by the oath it self also appears ; for it is said , the oath was to be administred for the tryal of his majesties subjects how they stand affected , &c. and not to the subjects of his majesty , his heirs and successors ; because it may be supposed the law-makers intented this oath to be only sworn to king iames ; for it is no where said in the statute , that those who have power to tender the oath , should swear all persons ( that were to take it ) to king iames , and afterwards to his heirs and successors ; for though heirs and successors are named in the oath , yet it is no where said that this oath shall be inforced upon the subjects to swear to any other king after his decease . by all which it may be thought that king iames onely was to be sworn to by vertue of these laws ; for although he that took that oath , was thereby obliged to perform it both to the king , his heirs and successors , yet it is no where expressed in either of the acts , that the persons then appointed to take the oath ( or others afterwards ) should take the same to every of the kings heirs and successors as they should come to the crown . but notwithstanding all that hath been said , if it should yet be admitted that it might be tendred on the behalf of his successors after his decease , yet these words are carefully to be observed by all who tender the said oath , viz. being duely tendered according to the true intent and meaning of the statutes ; and the rather the ministers of the oath ought to be careful in observing all due circumstances , as in the causing it to be read at the times of the respective tenders , according to the directions of the statutes ( which was not done to us upon our tryal , some of us not having it read to us at all , and others but part of it , and that but once neither ) and the more strictly , because the penalty for refusing is so great as premunire , and those other words also are truly to be considered , viz. according to the true intent and meaning hereof , which cannot be supposed to be observed when it is tendred unto those who do yeeld all due obedience unto the king , and also do deny the pope his principles and practices as aforesaid , and refuse it in conscience to an oath , these answering the substance of the law ( which requires obedience to the king ) but cannot observe the ceremony or imposed formality thereof , for conscience sake ; and in this case this distinction is to be kept unto in this law as well as others , ( viz. ) forma verbalis et forma legalis , which is essentialis or the substance of the law or thing to be performed : for , lex non est insermonam foliis , sed in radice rationis posita est , ( englisht ) the law is not in the leaves of words , but is placed in the root of reason ; and if the distinction aforesaid had been observed , the oath could not in justice have been tendred to us , when the substance of the law is answered , though the particular words or formalities be not kept to , yet it hath been adjudged a good observance , as in bufage's case in the th book of cook 's reports upon the statute of hen. . . giving power to the sheriffs to take bail , &c. these three things were alledged against the sheriff : . in the obligation , the law saith reasonable sureties , and the sheriff took but one surety . . in the condition , the sheriff put in , that the prisoner should appear in person , and the statute saith onely appear generally , without the word person . . ad respondendum , when the statute saith only the day , not naming to answer . yet for all this the obligation was judged good , for the reasons mentioned in the book . and surely , if these omissions and additions , contrary to the express words of the statute , could be justly dispensed withal , much more then in our case , might our refusal of a ceremony or imposed formality be born withall , the substance being observed , especially considering the disproportion of the penalties ; the former the losse of a small sum only , but ours the losse of all outward estates and liberties also , besides being put out of the king's protection , as our sentence was : but we leave this matter to be judged by him that judgeth righteously . more presidents might be urged in this case , to manifest the hard measure we have met withall , but i shall conclude with these few instances following . vide sir robert cotton's collections , records in the tower , hen. . . that an oath being the law of man , ought not to be performed when the same tendeth to the suppression of truth and right , which is against the law of god : and the statute of hen. . . saith , that no man , of what estate , degree or condition soever he be , hath power to dispense with god's laws , as all the clergy of this realm , and the most part of the vniversities of christendom , and we also do affirm and think : and the common law of england also saith no less ; dr. & stud. cap. . pag. . man may only make laws of such things as he may judge upon , and the judgment may not be of inward things , but only of outward things : and the same book also saith , p. . the laws of princes , the comments of prelates , the statutes of commonalties , nor yet the ordinances of the church , are not righteous nor obligatory , except they be consonant to the law of god. and cap. . p. . speaking of the law written in the heart , he saith , against this law , prescription , statute , custom may not avail , and if any be brought in against it , they be void and against justice . these things considered , it is manifest to every unprejudiced mind , that what ever can be said concerning the statutes aforesaid ( being but the laws of men ) they are void and null , because contrary to the law of christ , who saith , swear not at all ; and if banishing , fining , and imprisoning men for conscience , &c. were the flagellent methods of the late most tyrannous times , who had neither law nor reason to support them , ( as the bishop of exon saith in his late book against the quakers ) then what are these dealings and prosecutions , and sentences against us and others , only for conscience sake , because we fear an oath ( in obedience to our lord , who saith , swear not at all ) and what these are to be accounted , and what law or reason they have to support them , i leave the wise in heart to judge ? now followeth the point of conscience that i desired to be heard to speak to . conscience hath a voice , and is worthy to be heard , because , according to its evidence , for , or against , shall every man receive his sentence . that which it speaks concerning swearing in my heart , is according to christ's command , mat. . . who saith , swear not at all ; and the example of the apostle , jam. . , who continued in the doctrine of christ , and saith , above all things , my brethren , swear not , neither by heaven , nor earth , nor any other oath , lest ye fall into condemnation : he knew christ's mind , and therefore leaves out the word [ communication ] implying , that no kind of oath upon any occasion is to be used among the brethren and disciples of christ . and the apostle paul , rom. . . and phil. . . referring to the prophet's words , isa . . . where it 's said , unto me every tongue shall swear , &c. but the apostle leaveth out the word [ swear ] as unsuitable to gospel-times , and inserts instead thereof the word [ confess ] saying , every tongue shall confess to god ; as if that which might be sworn to in the time of the law , is now only to be confirmed by bare confession or negation ; and the reason is , because gospel-dayes are supposed to be attended with clearer light , and greater power , that our yea might be yea , and our nay , nay , in all things ; for now whatsoever is more than these cometh of evil , and savoureth of fleshly distrust , as the apostle phraseth it elsewhere , cor. . , , &c. and though the law made nothing perfect , yet the bringing in of the better hope doth , and unto this perfection christ jesus is pressing his disciples , as may be seen mat. . last vers . where he concludes with these words , ( after he had pressed them to many things , and not to swear at all ) be ye therefore perfect , as your father which is in heaven is perfect : for the requiring of an oath supposeth unbelief in the one party , which is no more to be pleaded for , than it is to be practised in a true christian ; for , they that are truly christians , are sons of god , and as many as are so , are led by the spirit of god ( rom. . . ) which is truth , and leadeth them into all truth . much might be said on this behalf , but it being so fully asserted by divers witnesses , whose testimonies are publisht concerning this subject , for the good of all that desire to know the truth , i shall conclude with few words , viz. that there being both so full and plain texts of scripture to ground such a belief upon , as ours is in this point , and such demonstration of right reason also , it may very well be spoke to as a case of conscience ( and ought to have audience at your bar ) and the opposers of it , and the imposers of an oath will be the more inexcusable before god in the day when he shal sit to judge the secrets of all men by jesus christ , according to that gospel which saith , swear not at all ; where then will those appear that inflict so great punishments upon the innocent , that make conscience both of what they say and do ? and if this maxime be true , that conscientia errans obligat , as the bishop of exon confesseth , how then shall the punishers of such men ( for practising according to their consciences truly enlightned ) escape the righteous judgments of god ? for , if conscience be that for the sake of which ( and not for wrath only ) obedience is to be yeelded to magistrates , then , in true equity and right reason , it followeth , that magistrates ought not to punish for such obedience as is according to conscience . some animadversions upon the whole matter , shewing the severity and unmercifulness ( if not cruel injustice ) of the late proceedings against us ; leaving it to be judged by god's witness in every conscience . considering our first taking without warrant by force of arms , and our commitment thereupon , with the proceedings upon that commitment at hicks's-hall , middlesex , by indictment against j. c. upon the late act of parliament against quakers , &c. and his pleading not guilty thereunto , with the court 's committing him again to prison , where he remained until the sessions in the old bailey as aforesaid ; the court 's often refusal to take any notice of former proceedings , or any injury or wrong that he had sustained , either in apprehension or proceedings , or so much as the cause it self for which he was imprisoned . the court 's putting him upon interrogatories ( no accuser appearing ) to accuse himself , in tendring him the oath of allegiance ( as a snare ) that so his refusal might become a crime for them to punish him for ; carrying themselves rather as parties , than as equal judges between two . because we were surprized in our tryal , expecting that , according to our mittimus and former proceedings , we should have been tryed upon the late act of parliament made on purpose against quakers , &c. not in the least expecting any such proceedings as we met withall , and therefore could not be provided to make our defence according to law ; seeing we were committed upon pretence of one law , and prosecuted under colour of another , which could not without force cast any face upon us , as persons concerned to be tryed by it , viz. . jacob. . intituled , an act for discovering and repressing of popish recusants . it further appears , in that our judges declined the late act which was made on purpose ( after the imprisoning of so many thousand quakers ) only for refusing to take the same oath of allegiance , which imprisonment begat so many debates in both the houses of parliament , that it may be supposed they concluded the penalty of premunire , according to the former laws , was either too great and severe , or that the quakers ( so called ) were not at all within the intent of those laws , and therefore they enacted , that for the first refusal to swear , they might be fined not exceeding five pounds ; for the second refusal , not exceeding ten pounds ; and the third refusal , it might be lawful for the king to cause them to be transported , &c. but these judges not liking the parliaments act , nor their judgments exprest in the same ( concerning punishing of the quakers ) have found out a way to make them feel their little finger to be heavier than the parliaments loyns ; as is manifest by the sentence of premunire lately passed , only for refusing to swear , whereby they also slight the king's declarations , which say , that no man should be molested , or called in question for his conscience , &c. as they did his late proclamation ( when it was given them in court to be read ) which saith , that no man shall have his house searched , or be taken , or imprisoned , under any pretence whatsoever , except by a warrant first had and obtained from some of the privy council , or some justice of the peace , &c. but of these things the court would take no notice when they were urged to them . because , when time until the next sessions was desired , for these reasons : . because the indictment was in latine , and so large . dly . there was need of counsel in the case . dly . it was to be a president , and therefore for themselves as well as us , there was need of time : judges heretofore being careful in making presidents . unto all which we had this answer returned , stop their mouths executioner , and take them away ; and all this when it was the proper time for us to make our defence . because the moderate jury that had served upon several tryals at the same sessions were dismissed , and a new jury impanelled only for us , consisting of several persons who had a hand in our illegal apprehensions and commitments . their unrighteousness is further manifest from the recorder's answer to us , when we pressed for time , who said , they could not grant it , because they must deliver the goal ; and yet several persons that were taken and imprisoned upon the same account with some of us , are continued stil in prison , there being nothing done unto them in order to any tryal : but , as lyers have need of good memories , so have such judges of careless auditors and spectators , that their words and actions may not be taken notice of . besides , at the same sessions the oath was tendred to some persons , and although they refused , yet was liberty granted them till the next sessions ; which renders such judges guilty either of partiality , or injustice , or both ; and thus they condemn themselves by their own sayings . lastly , that which aggravates their severity and cruelty to us , is further manifest by these things following . . that none of the kings of israel ( that we reade of ) ever required such an oath of the people . . inasmuch as the refusal of the oath ( simply considered ) doth the king no harm ; nor the taking of it any good . . if it were an offence to refuse to take it , yet the punishment is not proportionable to the offence , which by the just law it ought to be . . to conclude , the oath was not duely tendred according to their own law , inasmuch as it was not read at all to some of us , only we were asked if we would take it ? and to others but once , and not quite through neither to our hearing and understanding , and none of us in words denyed then to take it : he that deserves punishment is alwayes supposed to have done or said some evil ; now the law saith , malum non habet efficiendum , sed deficiendum causam ; in english thus , evil hath not an efficient , but a deficient cause ( saith cook ) because some virtue is wanting . now what virtue is wanting in him that doth speak the truth without dissimulation , but dare not swear at all ? these things truly considered and duely weighed in the ballance of the sanctuary , it will soon appear which scale goeth down , and over whom this motto deserves to be written , mene tekel , &c. thou art weighed in the ballance , and art found wanting ; for , this is the day for discovering of false weights and measures , and of the measuring of the temple and the worshippers therein , according to john's prophecy , in revel . and hearken also what the prophet saith , amos . . & . ye who turn judgment into wormwood , and leave off righteousness in the earth ; and hate him that rebuketh in the gate , and abhor him that speaketh uprightly : and at the . ver . it is said , therefore will i cause you to go into captivity , &c. saith the lord , whose name is the god of hosts . j. c. post-script . reader , marvel not that in this discourse thou findst the author out of his wonted method , in so often using the laws of men : it 's not his souls delight to be wading in such muddy waters ; neither doth he now use the same to upbraid the professors thereof , for surely he drinks of clearer streams than any flow from such fountains ; yet he hath learned to set things in their place , and to give them their proper due ; for even from the good old laws of england ( as well as other things ) there hath been an apostacy , and is a declension from what once they were , and their books shew no lesse , viz. doct. & stud. chap. . pag. . there is a law written in the heart of man , which is man created in that image of god , and this law is alwayes good and righteous , stirring up a man to do good , and to abhor the evil ; and therefore against this law , prescription , statute , custom may not prevail ; and if any be brought in against it , they be void and against justice . these be the words of the book , with many such like that might be mentioned , sufficient to condemn all those that act contrary ; but this is enough at present for this end , that ( if it be possible ) some of them who have been so long conversing with the laws of men without , that they have forgotten to mind the law of god within , upon which all the laws of men should be built , as themselves confesse . and therefore , those who will not receive truth , because this author speaks it , may receive it from their own poets , as the apostle saith in another case ; and if this be true , which learned cook sets down , that verba ligunt homines , tavorum cornuâ boves : cornuâ bos capitur , voce ligatur homo . if this be true , then for shame swear men no more : if words be sufficient to bind , what need oaths ? j. c. now followeth some collections that passed at the same court of sessions , by isaac grey ( called dr. in physick ) at the old baily , receiving the same sentence of premunire with the other two . isaac grey being called to the bar : judg. will you take the oath of allegiance ? grey . i have been near five weeks in prison , i desire to know for what . judg. we take no notice of your imprisonment , nor how you came here ; will you take the oath ? grey . i desire to know for what i am imprisoned , and then i am ready to answer : for no man ( in this particular ) hath received so much wrong as my self , having received a wound , whereby i was in jeopardy of my life . judg. if any have wronged you , take your course in law ; will you swear ? grey . i am a man of a tender conscience , and do desire time to consider . judg. take him away ; which was accordingly done . the next day isaac grey was called to the bar , and asked by the judge , if he would yet take the oath ? recorder speaking unto him on this wise ; mr. grey , you are a wise understanding man , and a scholar ; be advised what you do , and do not ruine your self , but take the oath . grey . i desire time to consider , and to do nothing rashly . then in the afternoon were all three again called to the bar , and the indictment read . judg. mr. grey , will you take the oath ? cryer , hold him the book . grey . i desire to know the cause of my first imprisonment , and to discharge me of the same before i give my answer to the oath ; for i do not know my self guilty of any crime . judg. the law supposeth you to be disaffected to the present government , and therefore the oath is tendred to you . grey . i understand that the fundamental law of england alloweth no man to be accused or condemned upon supposition : i do further affirm , and that in the light of god , that i am not an enemy to the king , nor to any man living upon the face of the earth . judg. will you answer , guilty , or not guilty ? grey . i desire time to consider of the truth of this matter ; the indictment being large , and having much contained in it which indeed i do not well understand . judg. will you yet swear , or plead to the indictment ? grey . i have told you , and that for conscience sake , i dare do nothing rashly . judg. what do you talk to us of conscience ? every fellow may plead conscience . grey . do you use to swear such as make no conscience ? judg. guilty , or not guilty ? when you have answered to this , you may plead what you can in your own defence ; but first answer , guilty , or not guilty : the rule of the law is , you must first answer . grey . would you have men swear whether they will or nay , especially when against their conscience ? judg. we have consciences aswell as you : if there be any thing as to matter of conscience , it is nothing ! you must plead guilty , or not guilty , that we may not spend time any longer . grey . truly , i desire not that the time should be taken up in any thing that may not advantage the good of the people ; therefore before i plead , give me a copy of the indictment , and then i shall plead . judg. sirrah , guilty , or not guilty ? grey . i desire first to be heard as a christian , and then as an english-man . judg. do not i tell you ( sirrah ) if you will plead , not guilty , you shall be heard ; but if you will not , you will run your self into a premunire . grey . i appeal then to god almighty , for i shall not wrong my conscience . judg. it is no matter of conscience , guilty or not guilty ? grey . not guilty . the last day of tryal all the three persons aforesaid being called to the bar , after some discourse between my fellow prisoners and the court , my self was forced from thence before i was heard , my fellow prisoners being violently thrust within the felons bar , but my self , by command from the bench was not thrust there , but i desired to be with my fellow prisoners , and to fare as they fared , and so was put in with them ; but after some time , ( the court being in a confusion , and their officers abusing my fellow prisoners , by stopping their mouths , and the common hangman endeavoured to gag one of them , that they might not speak in their own defence ) then i desired i might be heard ; upon which the court called me nearer to them : then i approached to their bar , and spake on this wise , i desire to know whether , according to the law of england and the proceedings of this court , we may not be allowed to put in bail to prosecute our traverse at the next sessions ? to which they answered , we might not . then i desired them to do me and my fellow prisoners justice ; for you are to know that as we stand arraigned at this bar , so shall you appear before the great tribunal of god's justice , to give an account of this dayes work , as also of all the deeds done in the body , whether they be good or evil ; and what measure ye mete to us , shall be measured to you again . judg. we know that as well as you , and then called to swear the jury , the court being in a confusion , and the officers and the hangman abusing my fellow prisoners , as aforesaid ; then i went my way , the chief justice ( so called ) being in a rage , called to me in an abrupt manner , saying , you shall be tryed according to the laws . grey . i do desire to be tryed by the laws , and not by passion . then they went on ( being all in a confusion and disorder ) unto sentence , which was on this wise , you shall forfeit all you real estate for life , and your personal estate for ever ; and be put out of the king's protection , and imprisoned during the kings pleasure , according to the statute of premunire . which sentence also passed upon my two fellow prisoners aforesaid . these things are part of what passed between the court and my self , many things being omitted by reason of the often interruptions , and are written to prevent mistakes , and to inform all moderate inquirers concerning the severity and injustice that we met withal , not only to the losse of all my estate and liberty , but of my practice also , to the dammage and detriment of many of my patients , who ( through necessity ) are compelled to come to prison to me , but have been sometimes hindred from coming to speak with me . but our desires are , to forgive them that trespass against us , as god hath forgiven us our trespasses against him . j. g. an additional postscript , further manifesting the illegality of the late ( aforesaid ) proceedings . an oath saith cook ( d part institutes , chap. . p. . ) is an affirmation , or denyal , by any christian , of any thing lawful and honest , before one , or more , that have authority to give the same , for advancing of truth and right , calling almighty god to witness that this testimony is true . and he further saith , no oath ought to be administred but such as is allowed by the common law , or by act of parliament ; neither can any oath be altered that is allowed by common law , or act of parliament , but what is altered by act of parliament . note , an oath is an affirmation , or denyal , which was not denyed by us : he doth not say by kissing the book or any such like ceremony . note again , the end of taking this oath , it is for advancement of truth and right , which is truly done by affirmation or denyal , being solemnly spoken as in god's sight and presence ; and our denyal to take the oath in that way of imposed formality ( yeilding all just and due obedience ) did no way hinder the advancement either of truth or right , obedience answering the end of the oath , and not swearing ; and this signified by cook 's definition of an oath . again , justice crook saith , we that are judges speak upon our oaths , and therefore must deliver our judgements according to our consciences ; and the fault ( saith he ) will lie upon us if it be illegal , and we deliver it for law. ( mark ) the judges consciences according to their oaths , is the ground of their judgments ; then is not another man to exercise his judgment according to his conscience , though he doth not formally swear ? have judges only this priviledge , in ministring or executing the law , and shall not another man have the like liberty of conscience , especially when he hath positive scripture on his side , that saith , swear not at all ? and he further saith , we that are judges must not give our judgments according to policy , or rules of state , nor conveniencies , but only according to law. and without doubt , were the judges , and others , more strict in observing their oaths , others by their example might be induced to conclude , that there is something more in swearing than now they believe to be ; for unjust judges bring a contempt upon the law it self , as one said of the greek tongue , who thought it a mockery to learn that language , the masters whereof lived in bondage : so marvel not if some contemn the law , because the ministers thereof make it serve to gratifie their lusts and evil wills ; these ( like spies ) make use of their knowledge in the laws , to find out where they may enter , and how they may rob , ensnare and spoyl those for whom the laws are to be as preservatives from violence , and encouragers of virtue , and not nurseries of vice , as they are often made to be by the wits and practices of evil magistrates ; that so not only , ignorantia judicis est calamitas innocentis , but also his knowledge is perverted to serve his will ; and these can make laws to be in force , for punishment and destruction , but not for preservation ; making them to kill and destroy , but not to protect ; a thing no less horrid and cruel , than if the sun should burn without giving us light ; or the earth serve only to bury , but not to feed and nourish us : so do such judges and justices , when they have a mind to spoyl and ruine , no laws of freedom are taken notice of by them . it hath been said in times past , by those who have strictly observed former judges , that they were compared unto the twelve lions under solomon's throne , lions for their courage and boldness to assert the laws and priviledges of english-men ; and under the throne , because of their own subjection unto them : but how far these resemble such , who sate upon the late tryal , and passed the sentence of premunire , i leave the wise in heart to judge , both by what is here presented concerning that tryal , as also from those who were spectators and auditors of the same . it hath been said , that the laws of england are like hercule's pillars that have a ne plus ultra upon them , as well as they are pillars to hercules : but surely by such pulls as these ( in causing mens mouths to be stopt by the executioner when they are at the bar to make their defence , to preserve their liberties and estates ) must needs shake those houses which have no other foundations to stand upon . judges in former times , when there was no law for cases that sometimes fell out , for bore proceedings until a parliament was called to make laws ( for it is a higher jurisdiction dare leges , to give laws , than to minister , or rule by them ) but these judges do shew dislike unto the laws already made , and that lately too , and on purpose against those persons called quakers , that deny all oaths : which act of parliament sets down what fine shall be imposed , and no more , and all the penalties for the first , second and third offences : but these judges , for the first offence ( and that created by themselves too ) will have all but life , as themselves said ; and that too , to live in penury and misery , the means of livelihood by their sentence being to be taken away . surely if the law of england be a merciful law , as they said it is , then they must needs be most unmerciful judges who passed so severe a sentence , drawn from such merciful laws as they said the laws of england are ; and surely in this , the judges make their little finger ( as was said ) heavier than the late parliaments loyns but as execution is the life of the law , so the application of it to a proper subject , is the feet upon which it is to go : and if this rule had been observed , popish recusants ( & not true protestants ) would have bin found to have been the persons intended in the statutes of king james , as aforesaid . but through male-administration of laws ( oft-times ) those are most hurt by them , for whom they were not made ; and so comes judgment to be turned backward , and equity to fall in the streets ; and this made the prophet take up a lamentation and say , wo is me , for i am as when they have gathered the summer fruits , as the grape-gleanings of the vintage , &c. the good man is perished out of the earth , and there is none upright amongst men ; they all lie in wait for blood : they hunt every man for his brother with a net , &c. mic. . , , , . and was it not thus when they sought to entrap the prophet daniel , but could find nothing against him , save in the matters of his god. and this was the controversie in the prophet hosea's time , chap. . . hear ye this o priests , and hearken ye house of israel , and give ear o house of the king ; for judgment is towards you ; because ye have been a snare upon mizpah , and a net spread upon tabor . and was it not the practice in those persecuting dayes mentioned in the book of martyrs , that when no snare nor net would do , then this was the question to them , what say you to the sacrament of the altar ? and by this , when all failed , they were sure to catch them . the like use , by the powers that are gone , was made of the engagement , and the oath of abjuration , and is now made of the oath of allegiance , by malicious magistrates , who when they can find no way to execute their cruelty upon the poor people called quakers , then they cry , give them the oath , and this is so frequent , that they tender it at their pleasure , and to whom they have a mind , knowing when all snares fail , they can surely catch them in this ; or , if all other laws be but like rods of wire , and the judges or justices have a mind to whip a man soundly , then they will at their pleasure , tender the oath , and the refusal thereof they will make to be as scorpions , by passing the sentence of premunire against them . what man can be safe while judges and justices take this liberty to themselves , to decline laws of safety and moderation , and pick out at their pleasure laws of cruelty , and make whom they please to be concerned therein ? for , by the same rule , they make true protestants to be concerned in those laws made only for popish recusants ; ( as is manifest by the preambles and titles of the laws ) and inflict the penalties upon them ; may they not also make true and honest men to be transgressors of those laws that are made for dishonest and unrighteous men , and inflict the penalties therein contained upon them , they being judges of the law ( as they call themselves ) and so may punish sober men by the laws that are made for drunkards , as well as punish those that fear an oath , by those laws that were made to punish swearers and plotters , and such like ? as it is plain those laws were made for such , and upon occasion of the gunpowder-plot : but where were popish recusants taken out of their meetings and places of worship ? and , when were any of them convicted by vertue of any of these laws , though made principally for them ? have not they that liberty which others are debarr'd of ? are they haled out of their meetings by armed men without warrant or order , as the people called quakers , and others , are ? with whom are goals , holes and prisons now filled ; with drunkards , with ballad-singers , with stage-players , and with swearers ; or , with such as fear an oath , and dare not swear at all for conscience sake , in obedience to christ's command ? are not these , and such as these , become ( through the violence of evil men ) those that now must be separated from their families and imployments , and thrust into goals , and there become the companions of theeves and murderers , while impurity walks in the streets , and ungodliness shews it self with open face ? where 's the sword of justice that should not be born in vain , but used for the punishment of evil-doers , and for the praise of them that do well ? if it be not drawn to execute judgment , will not the god of justice draw his sword of displeasure ? and when he utters his voice , will not the beasts of the field tremble ? shall not the righteous god do righteously ? be wise now therefore , o ye kings ; be instructed , o ye judges of the earth ; serve the lord with fear , and rejoyce with trembling : kisse the son , lest he be angry , and ye perish from the way ; when his wrath is kindled but a little , blessed are all they that put their trust in him. let none judge nor condemn us because we have recorded the court's miscarriages towards us , as ( their commanding ) that our mouths should be stopt , and such like , lest in so doing they condemn the disciples and apostles of christ , who in like manner have recorded the miscarriages of herod , pilate , and others ; and the apostle paul , who saith ( acts . , , . ) men and brethren , i have lived in all good conscience before god until this day , ( which was no canting , as i was accused for ) and the high-priest ananias commanded them that stood by him , to smite him on the mouth , as we were commanded to have our mouths stopt ; neither let it be thought by any that these servants of god were not wholly dissolved into suffering principles , unto all long-suffering and patience with joyfulness , notwithstanding their publication and recording these things . j. c. the end . errors escaped in some sheets , thus to be corrected . page . line . reade disseized for desiered . p. . l. . reade sed for set . p. . l. . reade — efficiendam & deficiendam . p. . l. and . reade taurorum , and cornua without an accent . notes, typically marginal, from the original text notes for div a -e * j. c. london sess . a this is error , for r. c. ar. was not before named . * this is error , because it 's not said , et subditi d'ni regis . t this should be prorogationes , for there vvas a double prorogation . * this is error , because it wants a. b. † it ought to be with some expression of mutatis mutandis , of the name of k. charles the second , instead of king james , who is only named in the act. this is error , it 's not agreeable to the statute ; for that saith onely king james : and certainly the statute intended no otherwise ; for it s said , for the tryal of his majesties subjects , how they stand affected , &c. and not the subjects of his majesties heirs and successors . * [ my ] not in the statute . † ad pacem conservand . nec non , &c. left out . * et ibidem , is left out . s generalis left out . † contra debitam quoadlibet eor . legeanciam , ought here to be inserted ; for , if he be not a naturall subject , the oath is not to be tendred to him . immediately after the tender to j. c. j. b. and i. g. though they be termed subditos dci . end . re. de juramento seven lectures concerning the obligation of promissory oathes / read publicly in the divinity school of oxford by robert sanderson ; translated into english by his late majesties speciall command and afterwards revised and approved under his majesties own hand. sanderson, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) de juramento seven lectures concerning the obligation of promissory oathes / read publicly in the divinity school of oxford by robert sanderson ; translated into english by his late majesties speciall command and afterwards revised and approved under his majesties own hand. sanderson, robert, - . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion de iuramento . seven lectures concerning the obligation of promissory oathes . read publickly in the divinity school at oxford . by robert senderson d. d. his majesties publick professor there . translated into english by his late majesties speciall command , and afterwards revised and approved under his majesties own hand . london , printed by e. c. for humphrey moseley , octavian pulleyn , and andrew crook and are to be sold at their shops in st. pauls-ch●●ch●yard . to the reader . should i tell thee no more but the authors name , and by whose command this book was made english , 't were sufficient commendation ; but ( because i intend not to waste many words ) know , that whether thou be a ruler , or a subject , single , or marryed , this book will concern thee ; since thou canst not make any oath , promise , or stipulation , ( and thou canst not quietly live without them ) but mayst here read how far thou stand'st obliged ; so that whether thou lovest thy own conscience , or thy neighbours , the author , ( and perhaps the translator have here done thee a courtesie . farewell . of the obligation of oathes . the first lecture . numb. . . if a man vow a vow unto the lord , or swear an oath to binde his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . the summary . . the things to be handled proposed . . the definition of an oath . . an oath is a religious act. . in an oath god is called to witnesse . . the matter of an oath is something in doubt . . the end of an oath is credit . . the definition given , containeth all the four kindes of causes . . oaths assertory and promissory . . oathes comminatory . . oathes execratory . . the definition and distinction of obligation . . obligation to guilt and to punishment . . an oath is in the nature of it obligatory . . the different obligation of the assertory , and promissory . sect . i. i shall handle this matter with the more expedition , and your better profit , ( as i conceive ) if in the very entrance i lay before your eyes as it were a generall map of my future discourse ; for so both you may better understand my design , and i more certainly bound my speech ; that i may either contain it within the due compasse , or if it chance to start out a little , it do not so loosly wander , but that it may be maturely brought in order , and reduced unto the point . i shall therefore deliver the whole matter under three heads . first , that it may be the better understood of what i speak , i wil shew what an oath is in generall , what a promissory oath is in particular , & what obligation . then because the determination of uncertain things is to be drawn from such as are certain , i shall propose certain axioms or generall rules , derived from the fountains of naturall law , and confirmed by generall consent , as hypotheses , and touch-stones of the future disquisition , from whence the decisions of particular cases are to be deduced , and to which they are to be brought as unto their rules & canons . these two necessarily premised , of which one will give light to that which is to be spoken , the other strength and foundation : i shall come in the third place to salve those doubts , which may have any difficulty in them worthy of debate , or may serve to cast any scruple into the mindes and consciences of pious men : which as it is the principall part of the whole work , and by far the largest , i shall endevour to bring all the variety of cases into certain classes , and that according to the four kindes of causes so far as it concerns the bond of obligation ; reserving to the conclusion of the work , both those things which appertain to the solution of that bond , and any other which i shall either finde to have been omitted in their due place , or judge fit for the better regulation of life , and conscience , to be annexed . sect . ii. the draught of the whole future treaty thus delineated as in a map , now i betake my self to the matter . where first is to be explained what an oath is . i shall not need to insist upon the name , and the defining thereof : for the ill custome of swearing is grown to that passe , and the familiar abuse of this so sacred a thing is such in these debauched times , that it can be unknown to no man , nay not unto children , what an oath is . authors ( as the manner is ) variously expresse the definition of the thing it self , according to their particular fancies . that of cicero is the most concise , an oath , saith he , is a religious affirmation . where by the way i both admire and am angry at the forward youths of this age , who i know not out of what erroneous prejudice , but i am confident , to their own great hurt , avoid cicero , as a writer of too much prolixity . but i return : if any man desire a fuller definition of an oath , let him take this , an oath is a religious act , by which god is called to witnesse for the confirmation of some matter in doubt . every member of this definition i shal particularly explain . sect . iii. first , i say it is a religious act . act is put as the genus ; for though an oath be properly in the predicament of relation , yet because the relative respect which is in an oath is founded upon the act of the party swearing , it is not for that reason impertinently defined by such an act ; for as much as in the definition of relatives , the matter or ground of that relation is usually put in for the genus . now that it is a religious act , is manifest , first , by the authority of scripture , deut. . . thou shalt fear the lord thy god , and serve him , and swear by his name . from which place the schoolmen unanimously conclude , that an oath is ( to use their term ) cultus latriae , that is , an act of such holy worship as is due unto god alone . socondly , it is manisest by the consent of all nations , amongst whom as led by one light of nature , the religion of an oath hath been ever held most sacred ; insomuch that the very words , sanctity , religion , and others of like sense , are scarse in any other so frequently used amongst heathen writers , as in this matter of oathes ; and though they had many rites amongst them , which they held sacred , yet to an oath only , for no other cause then that it was in a manner the most holy of their holy things , remained as peculiar right by the name of sacrament . from whence that name passed afterwards into the church , from some similitude with the military sacrament of the romans , yet to signifie some other things . the french also at this day framing the latine word sacramentum unto their pronuntiation call an oath , unserement . thirdly , it is manifest from most evident reason : because an oath tends to the honour of god as being an acknowledgement of his truth , wisdome , justice , and divine power . for although a falfe oath , or an oath lightly , rashly , or otherwise unduly taken , discover a certain irreverence to , or rather contempt of god in the party swearing , and savour too much of atheisme : the act neverthelesse of swearing in its own nature implies a reverence of the divine name . for since every oath is made for confirmation of that which is avouched by the party swearing ; and all confirmation ought to be made by something that is most certain , and of greater authority , ( heb. . menverily swear by the greater : ) he who swears , ipso facto acknowledgeth god to be his superior , a witnesse of the highest authority ; of infallible truth , the searcher of hearts , and the most just , and powerfull punisher of all perjury and falshood . an oath therefore is a religious act . sect . iv. secondly , i say , in which god is called witnesse . wherein are these three things ; god called , as a witnesse , and by way of invocation . in all oathes god is chiefly called ; for although there was a solemnity heretofore amongst heathens , jewes , and christians of swearing either by creatures , or at least in swearing not to expresse the name of god , but the names of creatures only , as might if need were be proved by infinite testimonies drawn both from scripture , and other authors , ( to dispute which two things , whether they be , o● how far they may be lawfull , is not to the present purpose ) yet in every oath which is truly and formally an oath , the testimony of god is either explicitly , or implicitly used ; for both he who sweareth by idols , which indeed are nothing , cor. . . & jer. . . are no gods , swears by those he thinks to be gods : and he who swears by any creature , doth that in some sort in order and relation unto god , because he calleth the creature to witnesse , as it were something of god , that is to say , in which the truth , goodnesse , and power of god appeareth , and which he both acknowledgeth that by the mercy of . god he enjoyeth , and would be loth by the justice of god to be deprived of for example ; if a man swear by his life , by his soul , by his head , by his salvation , &c. it is as much as if he should say , by that god to whom i owe my life , my soul , my head , from whom i expect salvation , &c. and in this particular is the difference between an oath , and bare assertion or promise , which two men make without any interposition of the divine name , either expresse or tacite . now in that god is called to witnesse , therein an oath is distinguished from a vow ; for in a vow god himself is contracted withall as a party , to whom vowes are immediately addressed . but man is contracted withall in an oath , and god brought in not as a party , but witnesse . now in the definition i have said god to be witnesse simply and precisely , not a judge and revenger ; which neverthelesse is added by some indeed truly , but perhaps not necessarily ; and no superfluous thing should be brought into a definition . i confesse he who swears doth both adduce god witnesse of truth , and avenger of falshood ; but that primarily , and perse , this secondarily , and by consequence . for that god be witnesse unto truth , appertaineth simply to the nature of testimony : but that he punish falshood , concerns not so much the nature of testimony , as the effect . but neither is it sufficient unto an oath , that god be made the witnesse , except he be also invocated ; for god may be brought a witnesse , and that for the confirmation of a doubtfull thing too , even without an oath . as if for the confirmation of this thesis , images are not to be adored , i should alledge some places out of scripture ; certainly this were to adduce the testimony of god for confirmation of a thing in doubt , and yet as certainly this were no oath ; for it is quite another matter to cite god a witnesse in respect of a testimony already given , which may be done without invocation ; and to invoke god a witnesse with respect unto a testimony now to be exhibited , wherein the formality of an oath consisteth . sect . v. thirdly , i said , and it is the last member of the definition , that god is invoked a witnesse for the confirmation of some matter in doubt . in which words is contained both the end , and matter , or object of the oath . the materia circa quam , or object of an oath , is a doubtful thing ; that is , whose certitude so depends upon the credit of the speaker , that it can be no other way conveniently found out . wherefore first , the scibilia , of which kinde universall things be , which are ever certain and like themselves , nor can be otherwise ; secondly , particular things which rest upon the testimony of sense , which are either so clear and certain in history , universall tradition , or other publick testimony , free from all suspicion of falshood , that they can leave no occasion of doubt with men of sound mindes ; are no fit matter for oathes . for how ridiculous were it , and unbeseeming a sober man to confirm by an oath , that a triangle hath three angles ; or that vertue is desirable for it self ; or that aristotle was a philosopher ; or that cicero an orator ; or that a youth disputing in the schools , and being to prove a proposition denied , should lay arguments aside , and swear it to be true ? wherefore particular things , such as are facts of peculiar persons with their circumstances , which for the various chances , and contingencies whereunto they are obnoxious , are so mutable , and doubtfull , that no certainty thereof can be had by way of demonstration , or other , except that which depends upon the credit of men : are those things , unto the confirmation whereof , oathes are properly of use : which the apostle intimates in that heb. . an oath is the end of all contradiction . as if he should say , an oath is there to take place where there is no end of contradiction ; one , imagine the plaintiffe , affirming ; the other , imagine the defendant , denying : except by the interposition of an oath , one part of contradiction being confirmed , the other part cease , and the whole strife be determined . sect . vi. and this confirmation ( the apostle in the place mentioned cals it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) is the true end of an oath . for since particular things would be uncertain , and through their contingency doubtfull , nor could be proved but by witnesses , and all humane testimony would be infirm and fallible , especially through two defects ; one of knowledge , ( for we are ignorant of very much ) the other of conscience , ( every man being a lyer ) and yet it would make for mens convenience that the things in controversie amongst them , and mutually debated , should be reduced to some certainty , without which there would be amongst men no faith , nor justice , which are the most firm bonds of humane society ; there lyeth a necessity of flying to the testimony of god , who can neither deceive nor be deceived . and thus oathes are received by all nations from divine institution , or the law of nature , as a fit remedy for this disease . in the judgement of all men , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith diodorus siculus , and dionysius haliearnasseus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and the apostle greater , and more elegantly then , both 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an end of all strife , heb. . when we arrive once at this point , ne plus ultra ; all humane dispute and contradiction must rest here . not that every thing confirmed by an oath is simply certain ( for then there would be no perjury , which alas is too common ) but because in this condition of mortality ( wherein it seemeth unto divine wisdome profitable for mankinde that they should be conversant with much obscurity and incertainty of things , to the end that their mindes may be raised unto the things above which are more certain ) there can be no greater humane faith then that which in an oath , by the invocation of the name of god , is as it were attested and confirmed from heaven . sect . vii . in this definition of an oath examined as you have heard , are in some sort contained all the causes of oathes . that first member in which it is said to be a religious act , to wit , of him who sweareth , necessarily includeth the will of the agent , that is to say , of the party swearing ; ( seeing every man is a free agent , and every humane act voluntary ) as the primary efficient cause . the second member expresseth the formall cause of an oath , which is the attestation of the divine name , or invocation of god as a witnesse . the third member contains the other two causes , to wit , the materiall and finall . for the proper matter of an oath is the thing in doubt ; that is , the truth whereof is not sufficiently confirmed to him , before whom it is pleaded , by the bare testimony of the assertor ; and the proper finall cause of an oath is , that a doubtfull matter may have that certainty through invocation of divine testimony , then which no greater can be had in the contingency of humane affairs . this which i have said , auditors , is to the end it may render me the more excusable unto you for the prolixity i have used in explaining the definition of an oath . because when with the help of god i come to state dubious cases , which i intend to do with respect unto the four kindes of causes , i doubt not but you will then easily perceive , how profitable it will be to the studious , and advantagious unto my purpose , to have had a foreknowledge of these things , which concerning the nature of oathes have been by me so largely handled . sect . viii . but thus much of oathes in generall , what a promissory oath is in particular comes in the next place , but more briefly to be explained . sundry divisions and distinctions of oathes according to the diversities they respect are extant in divines and lawyers : by some they are divided into judiciall and extrajudiciall ; by some into publick , and private ; into simple , and solemn ; into naked , and execratory ; into absolute , and conditionall ; by others , otherwise . but the noblest of all , and that which ( as i remember ) is not by any of them who have written of oathes , omitted , is that whereby they are distinguished into assertory and promissory . for whereas in every oath ( as hath been said ) the name of god is taken by the party swearing by way of invocation unto the testimony of some doubtfull matter , it is to be observed , that this may be done three waies . for a past matter may be doubted whether it were so , or not so : as , did you see caius yesterday in the market-place or no ? or a present one , whether it be so or not ; as , have you the money i left in your hands , or have you it not ? or a future one , whether it will be so or not : as , will you lend me an hundred pound to morrow , or will you not ? so often therefore as god by an oath is invoked witnesse to a thing past or present , such an oath is usually called assertory ; because the party swearing without any promise for the future , only asserts the thing to have been , or to be as he then sweareth . but if god by the interposition of an oath be invoked witnesse to a future thing , that oath is called promissory , because the party swearing promiseth to performe something , or not to perform it hereafter . the chief use of the assertory is in judicature to determine suits , especially upon the question of fact . there is small use of the promissory in judicature , but very much in promises , bargains , contracts . many examples of this kinde of oath are found in sacred story , and elsewhere . the servant of abraham devoutly sweareth faithfully to observe his lords commands in the choice of a wife for his masters son . joshua and the princes of the people of israel swear , but inconsiderately , to observe the league with the gibeonites . king herod sware , but very rashly , to give unto the daughter of herodias whatsoever she should aske . sect . ix . furthermore it is to be advertised , that under the title of an oath promissory , is also comprehended the comminatory ; such as was the rash oath of david for the destruction of nabal , and the impious one of certain jewes , who vowed that they would neither eat nor drink till they had killed paul. these and such like are not properly promises , which word seems rather to signifie something that may be gratefull unto another , but by a kinde of synecdoche joyned with a catachresis ( which as it is otherwise familiar amongst good authors , so especially in words which respect some future thing ; as sperare for timere , and the like ) the name of promises may metaleptically be extended to comminations . so gods oath , whereby he sware in his wrath that the israelites , who had tempted him with divers provocations in the wildernesse , should not enter into his rest , may and useth no lesse to be called promissory ( though not so properly ) then the other of his whereby he sware unto their fathers that he would give them the land of canaan for an heritage . sect . x. neither is it materiall to the nature or effect of a promissory oath , whether the oath be barely expressed , or with an execration added ; for although there be some of the schoolmen , unto whom that oath which is made by a simple calling to witnesse , seems to differ in specie , from that which is done with an execration added , they being induced unto that opinion for this reason , that god is invoked by that as a witnesse , by this as a judge ; yet if we more attentively consider the matter , we shall finde by what hath been said , that they come both to on● for every oath in what manner soever uttered , whether barely , or with execration , either expresly , or at the least implicitly , invoketh god both as a witnesse and judge , but primarily and perse as a witnesse ; secondarily and consequently as a judge ; and that is the most explicate form of an oath , whereby god is both explicitly called to witnesse , and whereunto an execration , or imprecation is annexed : as if a man should swear thus , i call god to witnesse , who confound me if i do it not , that i will do this or that . but ordinarily either this or that part is omitted , and oathes are more succinctly given , as by those examples in holy scripture where god is introduced swearing after the manner of men , is sufficiently manifest . there you may finde god swearing sometime by a simple attestation without any execration , as in these , as i live , saith the lord , i have worn by my self , by my holinesse , &c. sometimes without any attestation , by an execration only , but that too , ( for the honour and reverence of so great a majesty , and after the manner of men almost suppressing by an aposiopesis , words of ill omen ) elliptically and diminutely uttered ; as in that of the psalme , i sware in my wrath , if they enter into my rest . this in the mean time seemeth certain , that every promissory oath under what forme soever conceived , brief , or large , so it be an oath , and no mere asseveration or obtestation , virtually containeth both , that is to say , attestation , and execration . for in an oath both execration supposeth attestation as athing before it in nature , and attestation interreth execration as its necessary consequent . that of plutarch is ●●thy . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , every oath concudeth with a curse of perjurie . and thus much for the nature of a promissory oath . sect . xi . it remains that in the last place i adde something of the nature and force of obligation . of obligation lawyers say much and with prolixity enough : they define it to be a bond of law , whereby a man is bound to pay that which he oweth . which definition will be no leste fit to explain those things which are internall , and appertain unto the court of conscience , then those which are externall , and appertain to the court of judicature , whether in church or in common-wealth ; if the terme of law be not restrained to that which is humane , and positive only , but so extended , as it take in also universal law divine and naturall . now since every obligatory bond , as may be gathered from the definition , derives it self from some law , as the law is twofold , the one part divine and naturall , the other civill and humane ; so the bond or obligation arising from thence is also twofold ; to wit , the naturall bond which obligeth naturally , and in foro externo , by the vertue of divine law ; and the civill bond which obligeth civilly , and in foro externo , by vertue of humane law. some call that the obligation of equity , this the obligation of justice ; whether properly or improperly , i dispute not : for where we agree in the thing , to what purpose were it to contend about the terms ? but whereas they adde a third kind of obligation , compounded of the former two , that certainly is not very convenient , or at the least not necessary : for if a man be bound to the performance of the same duty ( as for example , to feed his aged parents ) both by naturall law , and civill ; this would be no new species of obligation mixed of the other two , but rather two obligations conjoyned , both in the subject , and object , ( in the subject , for as much as they binde the same person ; and in the object , forasmuch as they binde unto the same duty ) and yet naturally and originally distinct . the reason is manifest , for thi●gs cannot by their mixture produce a new species , without some reall immutation of themselves . whence aristotle defines mistion , misoibilium alteratorum unionem . for in all mistion there must be alteration , and every alteration is a reall mutation , as appears in the generation of mixed bodies out of the four elements , not entire , but broken , and altered . but where a new obligation is added unto a former one , as in this case , the civill to the naturall , no reall mutation is made of either . but the former obligation remains in the same state it was in before the accession of the new and latter . but i will not stay upon these subtleties . in the matter of oathes we consider the mor●ll , or naturall obligation only , or at the least especially ; the other , the civi●l we leave to lawyers . sect . xii . besides that distinction of obligation , which ariseth from its originall , in relation unto the law whence it deriveth : there is yet another , taken from the object in relation unto the debt to be paid , at which obligation aimeth , and whereunto it is carryed . now debts are twofold . debitum officii , according unto which every man is bound , by the precept of the law to act : and debitum supplicii , according to which every man is bound by the decree of the law to suffer if he neglect his duty . in the former sense we say that the mutuall exercise of charity is a debt , because the law of god enjoynes it , according to that rom. . . owe no man any thing , but to lov one another . in the latter sense we say , that sins are debts , as in the lords prayer , forgive us our debts , and that externall death is a debt , according to that rom. . . the wages of sin is death . neverthelesse it 's to be observed , that the latter debt is contracted by non-payment of the former . so that if a man fully disingage his debitum offici●● , by obeying what the law commandeth , he remaineth not bound debito supplic●i , to suffer that which the law denounceth . to this twofold debt an●wereth a twofold obligation , of the very same denomination , to wit , obligation ad officium , to the performance of duty ; and obligation ad supplicium , to the sufferance of punishment ; or according to the usuall terms , which comes all to one , obligation to guilt , and obligation to punishment . but so as the former be in the intention of the law , as it is in its own nature , chief and preferred before the latter ; for it is the part of a tyrant , not of the law , otherwise to inflict punishment then in relation to guil● : and that speech of the apostle is true even in this sense , though perhaps more rightly to be understood in another , the law is not made for a righteous man. the law therefore intendeth primarily , directly , perse , and simply , to oblige unto duty , and obedience . but unto chastisement and punishment , it obligeth only secondarily , indirectly , consequently , and ex hypothesi , that is to say , supposing the neglect or contempt of du●y . the apo●tle seemeth to have joyned both these obligations together , in rom. . where he sp●aks of the subjection due unto the soveraign power , y●● must needs ( saith he ) be subject not only for wrath , but also for conscrence sake : from which words i gather three things of concernment to my present intention . the first is , that we may be bound by a double bond to the performance of one and the same thing ; by the bond of duty , and the bond of punishment ; for this is implyed in the words of conscience and wrath . the second , that the conscience of duty ought with all good men to be valued , and preferred before the fear of punishment . the third , that the obligation of conscience ariseth preciselv out of the debt of duty . whence also it is manifest , that we , when we speak of the obligation of oathes , as it concerneth conscience , are primarily and especially to be understood of the obligation which bindes us to the performance of duty , not of that whereby we are bound to suffer the punishment due unto perjury . sect . xiii . these two distinctions of obligations laid , it is furth rmore to be understood , that every oath is in its own nature binding : in●omuch , as if a man should swear without any intention to oblige himself , nay although he should swear with an intention not to oblige himself ; neverthelesse , the oath taken , he becomes ipso facto obliged , as in its place ( if it please god that i go so far ) i shall more fully shew . cicer● saith right , our ancestors would have no bond for the obligation of faith , stricter then that of an oath . but what could be more clearly said in this matter , then that which moses saies in the text ? if a man vow a vow unto the lord , or swear an oath to linde his soul with a b●nd : where that gemination after the manner of the hebrewes , hath much emphasis , and fortifies the signification of the words : as in multiplying i will multiply ; & in blessing i will blesse : that is , i will exceedingly multiply , i will greatly bless : so ligando ligamen , binding with a bond , that is , strongly binding ; as if he should have said , although even a bare promise oblige the conscience , and that with the addition of an asseveration , or obtestation , it oblige more strictly : yet a vow which is made to god , and an oath which is made to men , but with the witnesse of god , are the strongest of all obligations . wherefore every oath obligeth the con●cience , as well the assertory , as the promissory . of the promissory , seeing it respecteth the time to come , no man can doubt . but of the assertory , perhaps not without reason there may be some question made , because all obligation bindeth unto some thing that is future ; but it hath been said before , that the difference of the assertory oath from the promissory consisteth in this , that that respecteth a thing present or past , this a future . but the solution is easie , to wit , that the obligation of an oath qua tale , falleth not primarily upon the object , or matter of oath ; for so an assertory oath whose object is something past , or present , could not lay any obligation for the future . but obligation falleth immediately and directly upon the subject , that is the conscience of the swearer , who in both kindes of oath is bound to the performance of some duty for the future . sect . xiv . which that it may be made more manifest , and that withall it may mo●● clearly appear , what the obligation of a promissory oath ( which i have undertaken to explain ) is , i will do my best to shew , what is common to both kindes of oath , so far as it concerneth the effect of obligation ; and what is peculiar unto a promissory oath . and first it must be granted , which is in it self so evident , as its contradictory implyeth a manifest contradiction , that all obligation to duty respecteth the duty to be performed de futuro ; that is , at the least some time , though perhaps a very small one , after the obligation contracted . nor is it hard to be observed , if diligently considered , that this happeneth unto every oath as well assertory as promissory ; for whosoever sweareth , obligeth himself ipso facto , to manifest the truth in that which he is about to say , whether it be in a matter past , or present , by an assertory , or in a future matter by a promissory oath . and hitherto this obligation is alike common to both kindes ; so that if in either of them the words of the party swearing do not agree with his minde , he becometh guilty of the breach of his duty : and thence also 〈◊〉 necessary consequence obnoxious unto punishment . but in the promissory oath , besides this obligation which fals upon the conscience of the party swearing , and is common to it and the assertory , quatenus juramentum ; there is another further obligation proper and peculiar unto it , quatenus promissorium , which fals upon the matter of the oath : by vertue whereof the promissory party swearing is bound not only in present to intend to do that which he sweareth , that his words may agree with his minde , but also to indevour for the future ( as much as in him lyeth ) to fulfill that which he hath sworn , that his deeds may agree with his words ; that is , he obligeth himself not only barely to promise that which he really intendeth ; but also farther obligeth himself to performe all that which he hath promised by oath ; which the words of moses in this verse clearly expresse , if a man ( saith he ) vow a vow unto the lord , or swear an oath to binde his soule with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . and thus as fully as i o●ght , & asclearly as i could , i have unfolded unto you my sense upon the first head of this discourse , what an oath is , what a promissory oath , what obligation . in my next lecture ( with the help of god ) i shall proceed unto the rest in the order which i have proposed . the second lecture . summary . . a premonition concerning style . . hypothesis . above all things simplicity becometh an oath . . simulation , and deceipt are repugnant unto simplicity . , , , . simulation doth not evade perjury . . hypothesis , . an oath is stricti juris . . the interpretation of an oath , ought not to be too loose . . all conditions are not to be expressed in an oath . . hypoth . . an oath maketh not a former obligation void . . an impossible thing obligeth not . . an unlawfull thing obligeth not . . the difference between an unlawfull oath , and an oath of an unlawful thing . sect . i. having explained in the former lecture , what an oath is in generall , what a promissory oath in particular , and what obligation ; i proceed ( as i promised ) to propose some preoccupations or hypotheses fitted for our purpose as foundations , or ( if you please ) canons or rules of the whole future discourse ; from whence are to be derived , and to which are to be reduced the determinations of most doubts . but before i do this , of one thing by the way , which i go not about to entreat of you , as i should do if i could suspect your savour , or beleeve the thing in it selfe unjust ; i desire only to premonish you , that it 's my resolution , so long as i can finde wherewithall to be any way significant in my expression of the matter to be handled , not to labour farther for words , muchlesse purity of language , and least of all to trouble my selfe for elegance , i leave that to such as have leisure , and are delighted to take pains for that which is unnecessary . i use to relate amongst my friends not without some sport and laughter , what sweat it cost paulus cortesius , a man otherwise not unlearned , to become t●e more foolish , who whilest following thomas , and scotus , and many more , he compiled commentaries upon the four books of sentences , growing weary forsooth , of the termes used in the schooles , as lesse ciceronian ; for church ( flowers of rhetorick ! ) chose rather to say senate ; for ecclesiasticall lawes , senate-decrees , for predestination presignation , for ordination of priests , initiation , for angell genius , for bishop flamen , and the like , being all to besprinkled over with such kinde of powder . of this disease also i finde cardinal peter bembo , and sebastian castalian , somewhat ●ick with others , but those few and more moderately . we will not , we may not be so elegant . an oratour deserveth pardon , nay ought to be praised , when he is industrious in the choice of his words , if he speak not only aptly and clearly , but also with purity , and ornament , it is his vertue ; who sometimes mis-becometh not his flowry chaplet , and embroidery . but a philosopher , or divine , especially in scholastick meditations , and knots of controversie , becomes a curious and adorned st●le , as the laborious oxe would embossed trappings . the materials upon which we labour , being contented only to be taught , neither requireth ornament , nor will endure it . to be conversant in the pulpit and in the school is not the same : and it is another thing to have a large field where the fluency of speech may finde room , and nourishment , and to be entangled in bryers , from which by any means to redeem a mans self without bloud and wounds is a great triumph . but why do i trouble my self with these things ? if i use such words and expressions as are usuall in this kinde of discourse , as i must necessarily doe ; i am lesse doubtfull of your excuse in that , then fear●ull that the prolixity of my excuse it self , may stand in need of another pardon : wherefore i leave oratory , and hast to my hypotheses . sect . ii. of which let this be first , simplicity above all things becometh an oath . that is to say , such is the nature , and obligation of an oath , as whosoever bindeth himself to the performance of any thing by so sacred a bond , is wholly bound by the religion of his oath , both in his minde seriously to intend , and as far as lieth in his power , willingly to endevour , that he may faithfully perform whatsoever he hath promised , without fraud , deceipt , double dealing , or simulation . cicero , as in most things of this kinde , is right in this ; what promise soever thou shalt expresly make as in the presence of god , is to be sto●d unto . he who shall do otherwise , being carelesse of the reall performance of that whereunto he is obliged by an oath , is judged here by moses , to have broken his word , that is , basely and unworthily to have violated a sacred thing , and such an one as ought not rashly to be profaned , and to be guilty of evident or dissembled perjury . for seeing that there be three sorts of perjury , whereof the first is almost peculiar unto assertory oathes , viz. when a man swears that to be true which he either beleeves to be false , or doubteth at the least whether it be true or no ; the other two appertain unto the promissory , to wit , the second , when a man promiseth that by an oath , which he meaneth not to performe ; and the third , when he endevoureth not to perform that which he promised and intended : as to the guilt of perjury , especially at the bar of conscience , it matters not much , which way any of the three be committed , openly or covertly ; that being a symptome of a profane , this of a deceitfull heart ; both which , except fraud be worthy of a greater hatred , are equally abominable unto the most holy god , who loveth the single in heart , and truth in the inward man. but such as turn aside unto their crooked waies , that is , hypocrites and deceitfull persons , the lord shall lead them forth with the workers of iniquity , that is , account of them no better then of such as are openly profant and impious . sect . iii. unto this simplicity of oathes , two kindes of simulation are repugnant : one a parte ante , either preceding or accompanying the act of swearing ; the other a parte post , or following the act : of which , though the former be worst , neither is void of perjury . david seemeth to comprehend both in di●tinct , but parallel places , viz. psal. . and psal. . in one of which to the question , who shall ascend into the hill of the lord ? amongst other things , he maketh this answer , he that hath not sworn deceitfully , that is , who did not swear with an intention to deceive : where all simulation a parte ante , to wit , about the tim● , and in the act of swearing , is excluded . in the other two a like question , who shall abide in thy holy tabernacle ? amongst other things , he returns an answer not much different from the former , he that sweareth to his own hurt , and changeth not ; that is , who after he had obliged himself by an oath , had rather perform that , though to his great losse which he hath inconveniently sworn , then violate his faith for any worldly profit ; where all simulation a parte post is excluded . these things seem to me , either not at all to be thought upon , or not seriously by most men of these times , who unto all , ( be it what it will ) that is proposed by such as are able to hurt , fear not without difficulty to make a full , and formall oath ; nay rather think themselves only wise , and not without some contempt , deride the simplicity , and vain fears of others , who that they may not hurt their consciences , seek a knot forsooth in a bul-rush , and ravell into the forms prescribed by such as can prescribe . in the mean while they rest secure absolving themselves from all guilt , and fear of perjury ; and think they have excellently provided for themselves and consciences , if during the act of swearing they can make any shift to defend themselves , either as the jesuites doe with some equivocation , or mentall reservation ; or by forcing upon the words some subtle , and unnaturall interpretation ; or after they have sworne they can finde some loop-hole or artificiall evasion , whereby such art may be us●d with the oath , that the words remaining , the sense may be eluded with some sophisme , and the strength utterly lost . the ancient christians did not acknowledge this kinde of theologie ; nor the sounder heathens this morall philosophy . far otherwise out of those augustine said , they are perjured , who preserving the words deceive the expectation of them to whom they have sworn . and out of these otherwise cicero , whatsoever is so sworn , as the minde of him who took the oath may conceive , what ought to be performed , that is to be stood unto . sect . iv. but that i may not seem to declaim or contend with authority only , i will prove by some reasons , that perjury is not taken away by either kinde of simulation . the first reason . of those many places of scripture , out of which singlenesse of heart , as in all divine worship , so in the duties of our lives , especially in contracts , promises , vowes , and oathes is enjoyned . the present text , that i may omit others , requireth of him who taketh an oath in expresse termes , that he do according to all that proceedeth out of his mouth . ut omnino faciat , that is , that both at that time he faithfully intend to do , and afterwards to his power faithfully endevour to do according to all that proceedeth out of his mouth , that is , according to the sense which the words by him uttered , after the common and received manner of speech , bear in the understanding of the auditors , and not according to that sense which he perhaps during the act of swearing in his secret thoughts reserveth unto himself , and fraudulently intendeth . whereunto that agreeth which is brought out of isidorus , with what artifice of words soever a man swear , god who is witnesse of his conscience , taketh the same as he understandeth it , to whom the oath is made : and not according to the sense which the party sworne , when he begins to repent of the fact , goeth about to invent for fashion sake , as they speak ; not fully and sincerely to perform the faith of his oath , as he ought , but that he may after a sort appear unto himself and others to have performed his duty , and with this artifice very warily , and providently to ●ave avoided the crime of perjury . sect . v. the second reason is drawn from the example of god himself , who as the apostle writes , heb. . for this very cause confirmed his promises made unto the faithfull by an oath , that he might witnesse unto them more abundantly , that is , as fully as could possibly be , and so as might leave no place to doubt , the immutability of his counsels in fulfilling of that which he had sworn to perform : and all this , to the end that they who should beleeve might have a strong consolation , and firm trust in him ; which neverthelesse they could not have , if it were not impossible for god to lie , or deceive them to whom he had sworn by frustrating their expectation . but he would deceive and frustrate the hope and consolation in him of beleevers , if either whilest he sware , he intended not to doe a● he promised , or afterwards changing his minde , should no● perform i● in due time , nor after the same sense in which his promises were by th●m according to the tenor of the words rightly understood . the lord hath sworn , and will not repent . the lord hath sworn in truth unto david , he will not turn from it . sect . vi. the third reason from the nature of truth , which is first and chief of those three celebrated conditions of an oath extant in the prophet jeremy , inculcated by all , and called by the schoolmen , the three companions of an oath ; viz. truth , judgement , justice . to which truth is repugnant , not only that which is false , but that also which is feigned ; not noly a bare and evident lie , but a covered one also , howsoever palliated . certainly whosoever speaketh falsly unto his neighbour , polluteth his speech with a lie : and he hath spoken falsly unto his neighbour , who hath been the occasion of deceiving his neighbour of that hope which he had rationally conceived from his speech . since therefore by simulation of either kinde a lie is not avoided , if through our fault our neighbour trusting to our words be deceived , surely neither is perjury●rcided ●rcided , if through our fault he be deceived , by trusting unto our oathes ; seeing that perjury is nothing else but a lie confirmed by an oath . so that perjury after an oath taken is the very same , that a lie is in a bare promise . sect . vii . the fourth reason , from the proper end of an oath : which by that hath been said when we explained the definition of an oath , appeared to be confirmation of a thing in doubt ; that is , that as great certainty may be had of things otherwise incertain and depending upon the truth of men , as is possible to be had in humane affairs . for an oath is instituted of god by the light of nature for a remedy of humane defects in the search of truth , that it might be the last mortal refuge for the defence of verity , when all other kindes of proof are deficient . but this end would be utterly overthrown , nor could any certain credit be given to men , if it were lawfull for the party swearing at his pleasure , so to enervate that which he verbally pronounceth to the end to obtain belief , either by any tacite ambiguity in swearing , or after the oath taken , by any new invented and as it were posthume interpretation , that it lose its whole force , and become altogether ineffectuall . if either of these were lawfull , an oath would not be the end of all contradiction , but the beginning , and rather give occasion of new strifes , and contradictions , then determine old ones . this door once opened , what can be imagined so false , for the defence whereof some kinde of at least diversion or subterfuge might not be found out , whereby it might be delivered from the lie ? in the mean time how great a perversity is this , that what the wise god hath ordained for an aide of truth , should by impious man be turned into an instrument of falshood ? verily unlesse men had rather use the sacred ordinance of god to other ends , then that for which it was ordained ( as a pious man can hardly doe ) that which is the end of an oath ought likewise to be his end who taketh an oath ; now that is to give such assurance unto the hearer , that he may become more secure , and certain of the truth of a matter which was before in doubt . but he who dissembleth , goes about to possesse the auditors with a false belief , and so not only suffereth others to be deceived , ( which nevertheless seeing it might and ought to be hindred is against charity ) but intendeth also to deceive them , which besides that it is against all justice and honesty , is joyned with high indignity to god , and contempt of his holy name . and to my understanding , scarce any kinde of perjury seemeth to be more diametrically opposed to the scope of the third precept in the decalogue , or to those very words , thou shalt not take the name of the lord thy god in vain , then that which ariseth out of this simulation . for the word vanity , to speak properly and adequately , as it taketh in all that is any way false , so in a kinde of peculiar manner , and most properly , it signifieth that which is false in such a manner , as beareth some shew of truth ; so that if a man would expresse by a definition , the nature and essence of vanity , ( though it be ens rat●onis only , and hath no true essence ) yet by analogie with ens reale , he could not do it better , then by framing an idea his imagination compounded of nothing as the matter , and of a lie as the form. thus hope which feeds it self with a lie , and is at the length frustrated , and brought to nothing , is vain hope . and to the present point , he who promiseth any thing to come certainly to passe , taketh the name of god for the confirmation of truth , which neverthelesse comes all to nothing , that either not intended or not performed which he promised ; the same directly , and to the letter , taketh the name of god in vain , violateth gods commandement , and is guilty of the hainous crime of perjury . and thus you have a sufficient confirmation of the first hypothesis , concerning the simplicity of oathes . sect . viii . the second followes , which is of kin to this , and appertaineth to the right interpretation of an oath ; briefly it is this , the obligation of an oath is stricti juris . i understand here jus strictum , not in that sense wherein it occurreth so often amongst lawyers , for the rigour of the law , which is opposed to equity , to wit , by which judgement is turned into wormwood , and which is for the most part so interwoven with injury , that it is almost become a proverb , summum jus , summa injuria . but somewhat more mildly for so just an interpretation of the law , and so circumscribed to her bounds , that the words of the law be not stretched farther then is fit by way of complacence or favour to any party ; or forced to serve any mans turn or profit . in a word , strictum jus is here so taken , as may not exclude the interpretation of law , tempered with equity ; but excludeth the interpretation of the law corrupted with favour . now seeing to interpret , is nothing else but to expound a thing wherein there lyeth some ambiguity or obscurity ; it is to be understood , that a threefold interpretation or exposition may be given of the same thing . rigid , favourable , just ; rigid and favourable are the extremes : and , as most extremes be , vicious . and as there is for the most part a certain coincidence of extremes , but so unhappy an one , seeing they recede both waies from the medium , that they ever meet in that which is ill ; and for the most part in that which i● worst ; too rigid and too favourable an interpretation of the law meet in this , that each of them by an unjust acceptation of persons , offereth in a manner violence unto the law , wracking it with too subtle an exposition to the ease of one party , and grievance of the other ; but with this difference , that he who is animated with hatred to the parties , presseth the more rigid interpretation ; and he who is led with affection , followeth the more favourable . but a mean between both , and just interpretation , is that which without respect of persons investigate●h the true and genuine sense of the law , out of naturall equity and justice , and the words themselves , as far as they agree with equity and justice . and this , if out of the words it may sufficiently appear , is in all cases exactly to be followed . but because it may happen , and often happeneth , that controversies arise about the proper and naturall sense of lawes , and other matters which need interpretations ; where for the dubiousnesse of the thing a just interpretation is not to be had , of necessity we must allow unto this mediocrity ( as i may call it ) her prudentiall latitude . as the ethicks say that the mediocrity of vertue consisteth not in an indivisible point , or arithmeticall proportion , but in a geometricall . in a law therefore which is doubtfull , now a stricter , now a milder interpretation according to the nature of the thing in question , supplieth the place of a just interpretation : whereof the strict , being remoter from the favourable , comes nearer to the rigid ; and the milde being nearer to the favourable , declines the more from the rigid . as in the morals , that vertue which is the mean between covetousnes , and prodigality , the more remote it be from either extreme is called liberality , or frugality . there are therefore some things so ordained by nature , that they require as due , the allowance of a milder interpretation , to wit , such an one , as may not be bound up in the straightnesse of words , but left more at liberty ( to use cicero's term ) cum quodam laxamento : such for example is res testamentaria in our law. so by the rule of charity , the words and deeds of others , especially of princes , parents , and other rulers , the writings also of pious , and learned men ( unlesse there lie very just cause of suspicion to the contrary ) are to be handled with a milde interpretation , according to the usuall saying , doubtfull things are to be interpreted in the better sense . but there are divers other matters , as priviledges , deeds of contracts about debt , and most of those things which binde legally , and amongst them oathes : in which when question is made of the true sense , it is much better , and more sutable unto the nature of the thing to use the stricter , then the milder interpretation . s●ct . ix . when i say therefore that an oath is stricti juris , that must be thus understood , the sense of an oath where it is sufficiently manifest in the words , is exactly to be stood unto : but where the sense is doubtfull , we must take diligent heed , lest we be too indulgent unto our selves and our own affections , or yeeld unto our selves too free , and loose a license of interpretation , whereby we may become exempt from the bond of the oath in which we are bound ; as also that for our own interest , and profit sake , we impose not upon the oath which we have taken , or any part thereof , other sense then that which any other pious and prudent man ( who being unconcerned in the businesse , is of a●freer judgement ) may easily gather out of the words themselves . the reason is twofold : one in respect of others , to wit , for the fear of scandall , lest a weaker brother led by our example , think it lawfull for him to do as he seeth we have done , though he be ignorant of those subtilties , by which alone we use to absolve our selv●s from the crime of perjury . another in respect of our selves , for fear of perjury ; of which hainous crime we become without question guilty , if that milder interpretation which encouraged us unto the oath , chance to deceive us . and this r●ason is founded upon the most generall , and profitable rule , which in doubtfull matters commands the choice of the safer part . but where the words of the oath proposed according to the common and obvious sense of them , seem to contain some unlawfull thing , it is safer not to swear , then by a looser interpretation so to work them unto our sense , that we may more securely swear unto them ; it being apparent that this kinde of oath may be refused without danger of perjury , but not apparent that it may be taken without fear or danger of the same . sect . x. neverthelesse heed is to be taken on the other side , lest this strict interpretation whereof we speak degenerate into the rigid one . for that which the lawyers say of priviledges , holds generally in things of like nature , and especially in oathes , that they are neither too strictly , nor too largely to be interpreted . wherefore when i say , that an oath is stricti juris , i am so to be understood , that therein neverthelesse as in every oath , how simply soever taken , and free from exception , all those exceptions and conditions , both may and ought to be presumed which all lawes allow unto an oath , to the end that it may be binding ; whereof these that follow are the chief , and those perhaps , to which most of the rest may be reduced . first , it is to be presumed , if god permit , according to that of james , if the lord will , we will live , and do this or that . wherefore if caius swear unto titius that he will be at london the fift of january , and pay the money he oweth him , if he happen at that time to be kept in his bed by sicknesse , or were robbed of his money by the way ; in this case he is not guilty of perjury . the reason is , that all things being subordinate unto divine will , and providence , and no man having power to dispose of all events , he who doth what lyeth in his power to wards the performance of his promise , hath fulfilled his oath : for seeing that an impossible thing oblig●th not , as anon you will hear , every oath is of common right to be understood with this clause , if it please god , or the like . the second thing to be presumed is , as farre as is lawfull ; for an unlawfull thing obligeth not . as if a m●n should swear indefinitely to observe all the statutes and customes of a corporation , he were not thereby obliged to observe any that were not lawfull and honest . the third thing to be presumed is , a salvo to superiour power . wherefore if a son swear that he will perform some lawfull thing , and his father ignorant thereof lay some other command upon him which hinders the per● formance of his oath , the son is not obnoxious to the oath : because by divine and naturall law , he is bound to obey his fathers commands . and he who hath sworn not to stir from home , if he be summoned by a lawfull judge to appear , is bound to go notwithstanding his oath . the reason is , that one mans act ought not to prejudice another mans right . the fourth thing to be presumed is , rebus sic stantibus , that is , if things remain in the same state wherein they now are . whence he who hath sworn to restore a sword , is not bound to restore it to a mad man. and he who hath sworn to take a woman to wife , is not bound to take her , if he finde afterwards that she is with childe by another . these and the like conditions , whose reason is clear , are fit in every oath to be presumed , though they be not expressed , and he would be too rigid an interpreter who should go about to exclude any of them . but if any man shall admit more doubtfull exceptions and dissonant not only from the words of the oath , but from all right reason , and not approved by common right , or consent of nations ; verily he shaketh the very foundations laid by god of an oath , and openeth a large field unto all kinde of perjuries , by his rash enterprize . and so we leave our second hypothesis of the strict interpretation of an oath . sect . xi . upon which , as also that before of the simplicity of an oath , i thought good more largely to insist ( though many things have fallen into my meditations not unworthy knowledge , which neverlelesse for brevity sake i have omitted ) both because the clearer interpretation of them seemed unto me very necessary in these most dissolute times , wherein men generally play with oathes , as boyes do with cockals , and that there is very considerable use of these two hypotheses , in that which with gods help , i am about to say in my future lectures . the rest i shall more briefly dispatch . the third hypothesis ; an oath maketh not a former obligation void . an oath hath naturally its obligatory power ; but constructive only , not destructive ; that is , it may lay an obligation where there was none before , or strengthen one that lay before , but it cannot take away that which it findeth , or impose another which is repugnant unto it . the reason is ; because by all obligation some right is conferred upon another , for whosoever is obliged is obliged unto another , and it seems most unjust that by the meer act of one the right of another without his own consent should be weakned . nor will i● make any thing to this purpose , whether that obligation we suppose , were naturall or acquisite . naturall and necessary obligation is that whereby we are bound unto the performance of some duty unto another , which by the law of nature we owe him in relation to our person , which as i observed in our former lecture , some call obligation of equity ; because it originally deriveth from the law of nature , which is both most equall , and the rule of all equity ; such is the mutuall obligation between the husband and wife , the father and son , the master and servant , the prince and his subjects . acquisite and voluntary obligation , which is also called civill , ( by a synecdoche speci●i ) and of justice , because it is just that a man should be bound unto that whereunto he hath voluntarily bound himself ; is that whereby we are ingaged unto the performance of some duty to another , which we owe him by agreement , and vertue of some proper and voluntary act : such is the obligation which arises from promises , vowes , oathes , leagues , and other humane contracts , and conventions . if therefore an oath be o●fered unto any man containing any thing repugnant unto a former obligation , whether naturall , or acquisite , a● if it be repugnant unto the obedience due unto a parent , or the prince , or if it be repugnant unto that which was lawfully sworn , or promised before ; such an oath no man can take , or taken , fulfill with a safe conscience : who doth either of these , is perjured . sect . xii . the fourth hypothesis followes , which is so evident of it self , that it is a rule of the law , and needeth no proof . an impossible thing obligeth not . and this is extended unto all kinde of impossibility which may happen in matter of law. now a thing may be impossible either per se , or per accidens . perse three wayes ; first , by a naturall impossibility , as for a man to flie , a fish to speak . secondly , by an impossibility of fact ; as for caius staying this day at london to meet titius tomorrow at venice . thirdly , by an impossibility of law ; as it is said impossible for a man to do that which he hath no legall power to do ; in which sense that ordinary speech is to be understood , id tantum possumus , quod jure possumus . thus it is impossible for the maior of this city to confer upon any man the degree of doctor . if a man should swear an impossibility of any of these three kindes , his oath were vain and from the beginning null , and by consequence could not at all oblige him , to endevour that which he sware , much lesse to perform it . but the nature of a thing impossible by accident only , is somewhat different . as if a man having sworn to pay an hundred pound within a moneth , which is not impossible perse , be hindred by some unexpected accident , in such sort that he cannot make the sum within the time appointed . albeit he be not obliged in conscience to the performance of his promise , to wit the payment of the whole debt within the time limited , which is now rendred impossible ; neverthelesse he is obliged to do what he can , viz. to pay as much , and that as soon as he is able . the reason of both is , that because in this case impossibility only impedeth the obligation . the obligation is only so far taken away as the performance is impossible , but in the rest remaineth . and he who cannot pay all he oweth , ought yet to pay all he can . sect . xiii . the fifth hypothesis : an unlawfull thing obligeth not . an unlawfull thing is whatsoever is against any precept of god in the decalogue , or a vertuous life , whatsoever is repugnant unto our piety towards god , or our charity towards our neighbour , whatsoever is averse to the common good , or peace ecclesiasticall , politicall , domesticall ; in a word , whatsoever is sinfull . hereunto appertain those common sayings , an oath is not the bond of iniquity . in sinfull promises revoke thy faith , &c. the reason is , because every unlawfull thing is against duty , but all obligation is to duty . furthermore , whatsoever is unlawfull , is in some sort forbidden by god , ( either immediately , or by consequence ) but gods prohibition obligeth unto the not doing of that which is forbidden , which obligation a subsequent oath , as appears by the third hypothesis , cannot make void . nay , he who hath sworn to do that , which he cannot do without sin , is so far from being obliged unto the performance thereof , that he is rather obliged in no wise to perform the same . but you will say , for a man not to fulfil his oath is perjury : nay verily if the thing be unlawfull whereunto thou wert swor● , thou wast then perjured when thou swearest : thou are not perjured , when thou repentest . and therefore to fulfill an unlawful thing because thou hast sworn it , is to heap wickednesse upon perjury , like pelion upon ossa , or drunkennesse to thirst ; to fulfill rather the measure of perjury , then thy oath ; to persevere in perjury with obdurity , and impenitence . sect . xiv . nevertheless concerning this hypothesis , i must advertise , that this question , whether this or that oath be lawfull ? differs very much from that , whether this or that oath oblige ? for although it be certain that what ought not to be performed , ought not to be sworn , neverthelesse it may come , and doth come very often to passe , that what ought not to have been sworn , ought notwithstanding to be performed . of this the league made by joshua with the gibeonites , is a most evident example . the difference lyeth in this : where an oath is therefore unlawfull , because that which a man swears is an unlawfull thing , there he sinneth both waies , in swearing , and in performing : as if one should swear to slay an innocent , and do it , he is guilty both of perjury and murder . and such an oath is in no waies binding , which is the true sense of this last hypothesis . but where an oath of a thing which is not unlawful , becometh otherwise unlawfull by some externall defect , or through some undue circumstance ; it may oblige the party swearing to the performance of his promise , except there appear other impediment . and in this case cometh in that vulgar speech , fieri non debet , factum valet . we may therefore distinguish ; an oath may be said unlawfull two waies , either in respect of the thing sworn , or the act of swearing . an oath unlawfull in respect of the thing sworn doth in no wise oblige : an oath unlawfull in respect of the act of swearing obligeth , except it be hindred by some other cause . but thus much of these hypotheses , which i thought fit to lead in the ensuing discourse , being props and supporters whereupon those things whereof i shall speak hereafter concerning the bond of an oath , and the sollution of that bond , are sustained . the third lecture . containing sixteen cases . summary . , . the use of method , and order of the things to be handled ; of the matter of an oath . . oath of a thing simply impossible . . oath of an impossible thing , and from the beginning improbable . . oath of an impossible thing , and from the beginning probable . . oath of a necessary thing . . oath of an unlawfull thing . . oath of a thing simply unlawfull . . oath of a thing unlawfull by circumstance . . oath of a thing which seemeth unlawfull to the party swearing . . oath repugnant to former obligation . . oath hindring some good . . oath tending to the hurt of the party swearing . . oath giving scandall to another . . oath of an indifferent thing . . oath to do what another would have to be done . , . oath to preserve lawes , and observe statutes . . caution concerning a right understanding of the things mentioned . sect . i. i begin here to launch into a va●t sea , being to fulfill the promise and speak of the doubtfull cases of conscience , which appertain unto the bond of an oath , which i shall do according unto the four kindes of causes . but before i weigh anchor , give me leave to advertise you , that i shall no● trouble my self very much in the method of those things which are to be handled . truly the use of order in all kindes of study and discourse is very great and necessary , without which a man by assiduous and abundant reading , may perhaps acquire unto himself a masse of various learning , but that confused , indigested , and without any great profit ; on the other side that excessive curiosity of method , ( which i finde some too industruously to affect ) i have ever thought fit to be avoided as a kinde of troublesome superstition , and no small remora to such as are studious ; it shall satisfie me so to reduce all that which i am about to deliver , unto certain classes , that at the least some reason of resemblance or analogie , may shew why i do it ; nor shall it trouble me much if a fault be found that the sense and interpretation of an oath is not well reduced to the formall , or some effect of it to the finall cause . now seeing where all the causes concurre to produce an effect , matter in the first place is required , as the first subject of generation ; in the next the efficient cause , which by acting produceth the form ; in the third the ●orm , which by the action , of the efficient is to be introduced into the matter . lastly , the end for whose sake the efficient operateth . we , as it were following these steps of nature , will begin with matter , and thence in their order proceed unto the rest . sect . ii. by the matter of an oath , i mean that about which it is imployed , and for the confirmation whereof it is made , whether it be considered as to be sworn , or as sworn . of a thing to be sworn , the question is , whether it be lawfull to swear after this or that manner ? of a thing sworn , the matter being stated , whether the conscience be , and how far it is obliged by the oath ? be it lawfull or unlawfull ; ( for obligation may arise from an unlawfull act ) and this question only is proper to our purpose ; neverthelesse i shall often cursorily expresse , at the least where i finde that the same pot may whiten either wall , what i think of the other question also , especially since by intimation of my friends , i understand it is expected by some , and will be acceptable unto the most of you . the matter therefore of an oath , ( that i may return to the businesse ) is either definite or indefinite . that which is certain and definite , may be considered according unto its esse naturale , or existence ; to wit , whether it be a thing possible to be performed or impossible ; or according to its esse morale , or quality ; to wit , whether it be a thing necessary , unlawfull , or indifferent ? sect . iii. the first doubt is , what obligation there is in an oath , containing an impossible thing : that is , if a man should swear to do a thing which he is not able to do , whether he be , and how far he is obliged thereunto . the cases which occur in this doubt , are especially three . first , where the thing to be sworn was from the beginning , and during the act of swearing , evidently and simply impossible , either by impossibility of nature , when the thing in it self , and barely considered without respect unto circumstance , implyeth a manifest contradiction , or is repugnant unto the nature of any species of ens , as if a man should promise to teach an asse to speak . or impossibility of fact , cum res est in potentia ( as they speak ) remota ad fieri ; that is , when there is no such repugnance in the nature o● the thing it self , but it might be done , yet through defect in some circumstance , ( for example ) too great distance of place , straightnesse of time , or any other cause , that potentia is so hindred that it cannot proceed unto act : as if caius being this day present at oxford , should promise to sup with titius to morrow at paris . or lastly , impossibility of law ; when a man undertaketh to do any thing which is forbidden him by the law , and whereunto he hath no legitimate power : as if caius not being heir , should promise to give unto julius some proportion of the goods of titius deceased . in answer to the doubt in this first case , i say briefly , an oath of a thing simply impossible , is neither lawfull nor obligatory . it is not lawfull , because it is void both of judgement , and truth : for what man of sound judgement , or of good credit , can intend to do , that which he knoweth impossible to be done ? neither doth it oblige , no not so far as to endevour , much lesse to perform ; for it hath been already said that an impossible thing , ( quatenus impossibilis ) obligeth not ; and it is foolish to endevour that which thou canst not effect . sect . iv. the second case is , when a thing in it self not impossible , yet during the time of the oath given seeming so impossible , that it is much more likely not to be , then to be possible afterwards to be performed , becometh at length by some interposed obstacle impossible ; for where the concourse of many things is so necessarily required to the perfecting of any design , that one of many being wanting , the rest must necessarily be frustrated ( as if a wheele or pin , though a small one , should be taken out of a watch , the rest of the fabrick would be uselesse ) it can hardly happen but the pains taken in such a businesse , must needs be fruitlesse : for example , if caius should undertake by his industry to procure unto titius a new , and obscure man the consulship , at the next commitia , and to carry it against competitors for birth , glory , vertue , authority , the most renowned of all the city . i answer , that such an oath is not lawfull , without the expresse addition of some clause ; as , if i can , as far as lyeth in my power , &c. if you shall say , it were needlesse to adde a clause which de lege communi ought to be presupposed . i answer , by the interpretation of the law , such clauses are presupposed , where it may be presumed the party swearing could not foresee any thing which might be an impediment unto the performance of his promise : but where that cannot , but rather the contrary may be presumed ; to wit , that he could not but foresee many impediments , there so milde an interpretation is not granted de jure communi . neverthelesse this kinde of oath obl●g●th , not to performance , which we suppose to be impossible , but to endevour so long as there is hope though small , that it may be possible : yea and the more the difficulties be , and the greater their resistance , the more industriously to persist , and persevere with the more undaunted courage . but if the thing be over apparently desperate , and manifestly impossible , the obligation ceaseth , from the ground expressed , that no man is obliged unto an imp●ssibility . sect . v. the third case is , when the party swearing verily , beleeving the thing probable , and faithfully intending to do it , doubteth not ( by gods help ) but he shall be able to make good his words ; neverthelesse afterwards by some emergent , and unexpected accident , which could not by any humane reason be foreseen or prevented , findes the matter at the length become impossible . as if callias dwelling at thebes , having sworn to pay unto socrates at athens five talents at a day appointed , should lose the money which he had carefully provided , by theft , rapine , or cousenage , or should be taken prisoner upon the way , so that he were not able to make payment of the debt in due time . such an oath is lawfull , though the clause , ( if i can ) be not added , the same being to be understood of course , and by the common interpretation of the law. in which regard this seemeth unto me good reason of difference between this case , and that which preceded . seeing that the faith of promise , be given unto the party unto whom we swear , is the end of an oath ; it is expedient that so much as seemeth sufficiently conducing thereunto , be fully expressed , during the act of swearing , that so our credit may be the more ratified unto the party ; but that so much on the other side be concealed , as might render our credit the more suspected . for as in an improbable matter the party swearing would not easily be credited , but thought a forward , rash and too confident man , if without exception or expression of difficulty he should barely promise performance of a thing full of uncertainty : so on the other side , an exception added where there is no appearance of danger● might render the party swearing suspected ; and shew as if he sought nothing else by so impertinent diligence ; but a shift or sub●erfuge for the violation of his faith . now this kinde of oath obligeth the party swearing , if he cannot make all good , to make good all he can ; and if great damage happen unto the other through non-performance of his oath , to apply a rem●dy to it , at the least in part , by some other benefit , as opportunity may enable him , especially if the obstacle hapned by his negligence , want of prudence or other fault committed . and so much for the first doubt . sect . vi. the second about an oath of a necessary thing followes . by a necessary thing , i understand that which lyeth upon us in respect of our duty , by vertue of divine precept , and even without an oath , in such manner as if we do not , though without an oath , perform the same in due time and place , we become guilty of sin : such are to feed our needy parents , to pay our debts , and the like . whereunto belong those oathes required from the subject of allegiance to the king , and of acknowledgement , and defence of his royall supremacy , which are taken in conceived words , by such as are admitted unto the magistracy , or any publick office , to the end they may faithfully performe the duty of the same . of the obligation of this kinde of oath , there can be no controver●ie ; for unto those things whereunto we are bound even without an oath , certainly we are much more obliged by an oath ; to wit , the new obligation of an oath , being added unto that before by a precept : wherefore we will stay no longer upon this doubt . sect . vii . the third doubt is concerning an oath of an unlawfull thing . i call that an unlawfull thing which cannot be done without sin , forasmuch as it is contrary unto some divine precept ; all sin being averse unto the law of god. now this kinde of oath is so unlawfull , that not only the party swearing , but he also by whose authority , counsell , or other means , a man is compelled or inveigled so to swear , committeth sin . but of the party compelling , i shall perhaps speak hereafter ; in the mean time , the party so swearing committeth sin , whether he intend to do as he sweareth , or intend it not . if he intend to do it , he sinneth in willing an unlawfull thing , and so sweareth not in justice ; if he intend it not , he sinneth in lying , and so sweareth not in truth ; but whether he intend it or not , it is certain , that he is in no wise obliged . it cometh indeed very often to passe ( so contemptuous are men of the majesty of god ) that through ●impatience of revenge , fear of danger , hope of profit , importunity of friends , a kinde of awe , or complacence , or some other occasion , many are induced ( whilest they indulge too much unto their own affections ) to promise in the presence of god , the performance of such things , as they either at the present know certainly to be unlawfull , or at least afterwards when they are free from their depraved affections , easily perceive impossible without sin to be accomplished : and yet such is the perversenesse of humane judgement bewitched with the tricks , and delusions of that skilfull artificer in this art the devill , that you shall see many whom you cannot by any duty of conscience compell unto a good action , neverthelesse so violently carryed by the religion of an oath unto wicked actions , that what they have unlawfully sworn , they think themselves through a most pernicious errour obliged by the bond of their oath irresistibly to accomplish . but it hath been shewn before in our fifth hypothesis , and confirmed by manifest reasons , that of an unlawfull thing as unlawfull there can be no obligation , and that evill can receive no validity from an oath . sect . viii . which that it may be the better understood , and applyed unto the particular cases , seeing that all unlawfull things are not of the same kinde and degree , i think that it will be fit that i speak somewhat more distinctly of this matter . whatsoever therefore is unlawfull , is unlawfull either ex se , or ex accidente : again , that which is unlawfull ex se , is so either primarily , or secondarily ; things unlawfull , ex se primarid , and in the highest degree , are such as are forbidden by god unto all mankinde , whatsoever is against the sacred law of god , comprehended in the two tables of the decalogue ; whatsoever is repugnant either to our piety in the worship of god , or brotherly charity in the works of justice , and mercy , is after this manner unlawfull . and concerning a thing in this first manner unlawfull , is the first case . as if a man should swear that he would sacrifice unto i dols , or adore the image of the blessed virgin , which are sins of commission : or if he should swear never to be present at divine ordinances , or hear holy sermons , or participate of the lords supper , or sanctifie the lords day , which are sins of omission , against the precepts of the first table . or if a man should swear to kill his father , or cast his new born child out of doors , or meet an adulteresse at an appointed place and hour , to accompany others in theft , robbery , fraud , or any the like crimes , which are sins of commission . or if he should swear not to relieve his aged and needy father , to give almes unto the poor , not to pay his debts , &c. which are sins of omission , against the precepts of the second table . in these and such like things simply and universally unlawfull , the forementioned hypothesis , by the consent of all , is likewise simply and universally of force , and vigour ; to wit , that there can be no obligation in such a vow , promise , oath , either in its self , or otherwise acquired . pacta quae turpem causam continent non sunt observanda , say the lawyers . nay though it were a grievous sin to vow , swear , bargain , or otherwise to promise a thing generally unlawfull , yet is the sin in performing the promise much greater , which whosoever doth , maketh himself guilty of a double crime , one of the same kinde with the fact considered in its self , put the case it be theft or murder , another of violated religion through irreverence and abuse of the divine name , forasmuch as an evill thing is established , as far as lyeth in his power , by his authority . sect . ix . the second case is of a thing unlawfull , ex se secundarid , that is , not in its own nature unlawfull to all but to some only , according to the condition of their persons , as they are members of some community , or according to their particular vocation . for it is unlawful ( and that ex se , not ex accidente only ) for such as are members of any politique body to doe any thing repugnant to the laws of their community ; which nevertheless as forbidden by god , is not primarily , immediately , and in specie unlawfull , but secondarily , mediately , and in genere , by vertue of the general divine mandate which enjoyne●h obedience unto rules , in all lawfull and honest things ; it is also in the same degree very near , and upon the same g●ound unlawfull for such as execute any office , function , or particular calling , as we usually tearm it , though perhaps improperly that state or condition of life wherein a man is placed to do any thing incongruous with the nature or rule of that function or calling . for a thing may be lawful to a civill magistrate , which is not to a minister of the gospel , and so on the contrary that may be lawfull to the merchant , which is not to the husbandman , that to the master which is not to the servant , that to the married man , which is not to the batchelour , and the like ; god having generally given them this law , that every of them faithfully perform the duties of his calling , and modestly contain himselfe within the bounds thereof . if therefore an english merchant should swear to send wooll to hamburgh , or any other merchandise prohibited by law to be transported out of this realm ; or if any magist●ate should swear that he would not punish theft , or adultery ; or a bishop or presbyt●r , n●ver to preach nor administer the sacraments ; or an hi●de not to obey his master , commanding him to yoak his oxen or reap his corn ; whereof the first is repugnant unto the laws of the kingdom , the r●st unto the conditions of pr●per vocations : all these oaths would be of a thing in that degree whereof i have spoken unlawfull ; and the oaths themselves for that reason unlawfull , and would not ordinarily oblige . i say not ordinarily , because there may perhaps be cases in which an oath that seemeth repugnant unto some law of community or vocation , though it ought not to be taken , may nevertheless being once taken become obligatory . for example , in the penall law disjunctive ; suppose this to be the law of the city , no citizen thereunto elected shall refuse the office of pretor ; if he do , he shall be fined an hu●dred crowns . caius a citizen thinking himself unfit to bear office , or to avoid some inconvenience , that might happen unto him from thence , sweareth that he will never be pretor of the city ; he is chosen by the citizens , he excuseth himself by his oath , they regard not his oath , but urge him to accept of the magistracy ; what is the law in this case at the bar of conscience ? i answer , he ought not to have sworn , especially not compelled thereunto by any necessity ; for he might have refused though he had not sworn . nevertheless having sworn , he seemeth to be obliged , and not be in a condition without perjury to comply with the desire of the citizens : he is bound therefore to pay the fine , and to refuse the p●etorship . i would be understood precisely , in respect unto the point to which i now speak , viz. the matter of the oath , and also precisely , in respect to the repugnants thereof unto the law of the city : for in respect of the ends or cause , nay even in respect of the matter it self , as it is an hinderance of a greater publique good , or for some other consideration , there may be just reason in it to make the obligation void . nevertheless ordinarily , as i have said , an oath made against the law of an whole community , or of a particular vocation , obligeth not . and thus much be said of the things in themselves unlawfull . sect . x. the things which are not unlawfull ex se , yet are unlawfull ex accidente , follow . now a lawfull thing happeneth to become unlawful , either by the error of the party swearing , or by some ill effect of the thing sworn . wherefore the third case is , where a man promiseth by oath performance of a thing perhaps lawfull in it self , which nevertheless he believeth to be unlawfull , or feareth not to be lawfull ; as if a man ( before these times ) upon his admission to a benefice ( as they call it ) ecclesiasticall , should have promised to observe all the rites commanded by ecclesiasticall law in publique service , as the surplice , sign of the cross at the font , kneeling at the sacrament of the lords supper , and the like ; which he nevertheless through some light prejudice , thought to be superstitious and papisticall ; what is the obligation in this case ? i give you three things by way of answer . first , i say , that such an oath , during such an error cannot be taken without great sin : for he sinneth grievously , who sinneth against his conscience though erroneous ; the judgement of the understanding , being unto every man the first rule of working , if the will follow not that judgement , swerving from the rule it must necessarily be carried into obliquity . it is an old saying , he who goeth against his own conscience , is on his way to hell. certainly he who sweareth unto that which he thinketh to be unlawfull , had sworn unto it , though it had been really unlawfull ; and so the thing though lawfull to another , is as to him unlawfull . it is the apostles sentence , rom. . . where he distinguisheth between that which is unclean of it self , and that which is unclean to another , plainly teaching that that thing which is not unclean , nor unlawfull of it self , may nevertheless be unclean , and unlawfull unto him who esteemeth it to be unclean , or unlawfull . secondly , i say , that such an oath obligeth not : the reason is manifest by the third hypothesis ; for an oath cannot take away a former obligation , nor introduce an obligation contrary unto it . but the oath which is taken against the dictate of conscience was preceded by another former obligation arising from that dictate . for the dictate of conscience , whether right or erroneous , ever bindeth at the least not to act against it . now a subsequent oath cannot remove this obligation , but becometh rather invalid it selfe , and loseth all strength and vigour . thirdly , i say , if the party swearing being afterwards better informed , acknowledge and correct his error , the oath which at first obliged not , beginneth from thence forth to oblige ; for the power of obligation is as it were naturally and inseparably in an oath , as the power of moving downwards is naturally and inseparably in a stone , which power is always ready to put forth it self , and to proceed unto act , except it be hindered by some impediment : wherefore as a stone that it may move again , after it hath rested a while , needeth not any other new power to be derived unto it from without , but of its own nature , the obstacle being removed presently descends : so an oath , that obligation of erroneous conscience , which at first withstood its operation , being removed , without any delay , or need of other help , is of its own force obligatory . sect . xi . there are other cases concerning things unlawfull by accident , in respect of the evill effect of the same ; to wit , as they may be impeditive of good , or causative , or at the least ( for we mast use such words ) occasionative of evill . a good thing impeded may be antecedent or future . the fourth case therefore is , where the thing sworn seemeth to be unlawful in that it hindereth the performance of some antecedent good : of a vow imagine , or of a promise first made : as i● he who had first bound himself with a vow to some work of piety or charity , should afterwards take an oath which might hinder the performance of his former vow . for example , if bound by a vow to give weekly the half of his gain to the poor , he afterwards swear to contribute his whole gain to the use of war ; or as if caius having promised to sell his land to titius at a certain price , should afterward swear to se●l it unto julius at a greater rate . th●s case hath no difficulty , for it is clearly answered , and the answer is founded upon the third hypothesis , that such an oath is neither lawfull , nor obligatory ; because that former obligation however contracted , whether by agreement , or by vow , or by bare promise , or by meer duty remaineth valid , and putteth a bar upon all subsequent acts to the contrary . sect . xii . the fifth case is , when that which is sworn seemeth impeditive of some future good , as if one should swear that he would never be surety for another , nor a minister of the gospel , being of parts very fit for that calling ; or having the sole knowledg of some useful art , never to discover it unto any man ; or the like . the reason of the doubt ●s , that the lesser good , in comparison with the greater good , holdeth in some sort the proportion of ill ; wherefore an oath , though otherwise honest , yet if it hinder a greater good , seemeth to be evill . of the doubt in this case , no general and certain solution , able to comprehend all particular sorts , can be given , because it is imployed in comparing the greater and lesser good , which depend●th very much upon the laying of circumstances , wherein the variety being infinite , all cannot be comprehended under certain and definite rules , but the matter for the greatest part must be left to the arbitration of some prudent person thereupon to determine , as by weighing arguments on both sides , with as much faith and diligence as he can , may at length seem unto him pro hic & nunc most expedient ; yet in the mean time seeing it is not simply true ( except warily understood ) that every man is alway●s bound to do that which is best ; for solution of the doubt , in this case it may be said that an oath is not unlaw●ull , nor loseth its force of obligation precisely , because it hindereth a greater good , unlesse other circumstances also concur ( as they usually do ) which may either prove it unlawfull , or not obligatory . an example will illustrate the thing : 〈◊〉 is taught by the inventor titius , a medicine of soveraign vertue or some other excellent art , but upon condition of an oath , that during the life , or without the leave of titius , caius shall not discover the same unto any man. the non-communication of so great a secret seemeth to be against the publick good , and yet by the dictate of reason caius is obliged bona fide to perform what he promised , otherwise injury would be done unto titius , whom it concerneth , that the secret be not divulged , which without such an oath first taken , had not been communicated unto caius himself . sect . xiii . it remains in the next place that we treat of things unlawfull by accident , in as much as they seem to be causative , or at the least occasionative of some evill , and that either to the party swearing , or to others . wherefore the sixth case is , where the thing sworn is hurtfull to the party swearing , either by bringing upon him certain temporall loss , or by exposing him to the danger of temptation . as if caius should swear unto titius the spend-thrift to lend him an hundred crowns , never a thousand to one to be repaid , which , would be to his loss ; or if fabius at the request of his wife made upon her death bed to defend her children from a step-mother , should binde himselfe by oath from second marriage , whereby perhaps he might expose himself to the danger of burning . i answer first , that this kinde of promise is not rashly , or without mature deliberation to be made , nor except there be weighty reason for it , yet that it is not simply unlawfull : for although all occasion of evill be diligently to be avoided ; nevertheless seeing nothing which is not in it self , but by some other reason unlawfull , can necessarily , and universally be an occasion of evill ; and seeing there is not any thing simply and in it self unlawfull , only because it may be an occasion of evill ; all promises of this kinde ought not simply to be condemned , especially if probable danger of any great inconvenience , upon diligent consideration appeared not unto the party swearing at the time when he took his oath . secondly , i say , if the oath turn to the temporall hurt of the party swearing only , without injury to a third person ; the party swearing is bound though to his great loss , except the party to whom he hath sworn be willing to release him of his oath . they are the express words , psal. . that sweareth to his own hurt , and changeth not . where in the hebrew , the first word is of the preter tense , ( juravit in malum ) the later of the future ( & non mutavit ) as if he should have said , it is the duty of a godly man , having sworn unto his neighbour that which he cannot perform without his own great damage , to be constant nevertheless , and to ratifie that which he hath promised , and ( as it is in our text ) to doe according unto all that proceeded out of his mouth . thirdly , i say , the oath obligeth , though it exposeth unto hazard of temptation , except it be otherwise vicious . because if that might suffice to make an obligation void , there would hardly remain any thing that might oblige , seeing through the cunning of th● devill and corruption of the heart of man there is nothing so free from danger of evill , but it may become unto our destruction ( except we be protected through the mercy of god ) a snare of temptation : yet through the assistance of divine grace , this obligation should rather be an usefull buckler against the darts of the tempter , for as much as thou art engaged to yeeld the lesse , and strive the more , because thou art bound by the religion of an oath , not to doe that whereunto thou art tempted . sect . xiv . the seventh case is , where the thing sworn seemeth unlawfull in respect of the danger of scandal , which might thereby be given unto others , we through our fact affording them occasion of ruine . many warnings , and those very heavy ones to avoid scandall , are extant in the epistles of st. paul , that especially to the rom. . & cor. . . and verily a good christian ought to take most diligent heed in all his conversation , not only to preserve his own , but not to offend anothers conscience , not only to seek his own , but the convenience of many , and to consider as well what is expedient for them as lawfull for himself , lest otherwise he abuse his liberty to the destruction of his brother . but how far lawfull things ought to be forborn that scandal may be avoided , is neither in few words to be said , nor the business of this present discourse . all that seemeth fit to be said of it in this place is , that the danger of scandall only , if there be no other reason why the thing should be thought unlawfull , is not sufficient to hinder the obligation of an oath taken , as hath been said in the precedent case of the danger of tentation , seeing that either holdeth in all points the same proportion . sect . xv. having now weighed the chief cases of things impossible , necessary , and unlawfull , i proceed to the rest of the other doubts . the fourth doubt is of an oath rei liberae ; that is to say , of a thing which is neither necessary , nor unlawfull , but in the mean and indifferent . in which indifference seeing it ariseth from a twofold cause , from the will of the legislator neither commanding nor forbidding ; and from the levity of the thing ; two cases answerably occur . the first case is , when a thing is not by any precept , or interdict divine or humane legitimate so detrrmined , but every man prohic & nunc , according to the exigence of circumstances , may at his choyce doe or not doe as he seeth expedient ; let him doe what he will , he sinneth not , cor. . . as if caius should swear to sell his land to titius , or to lend him an hundred crowns ; the answer is brief , an oath in this case is both lawfull and binding . the second case is , where a thing is so triviall , that it is not worth the deliberation of a wise man , nor matters a straw whether it be done or not done , as to reach up a chip , or to rub ones bearb , &c. or for the slightness of the matter is not much to be ●steemed ; as to give a boy an apple , or to lend a pin , &c. an oath of a thing indifferent after this manner is altogether unlawfull . for it argues either irreverence of the name of god , ( if through an habit of swearing , as it is too common ) it be used unawares ; or if wittingly and knowingly , of open contempt ; for god is not to be invoked witness , except in doubts worthy his vindication , and where the cause is aswell weighty as just . and in this all agree . but what of the obligation ? it is the opinion indeed of most romish casuists , that an oa●h or a sinall and triviall thing is in the natu●e thereof nul , and bindeth not , because forsooth a small matter is not proportionable to an oath , and lex non ●ur at de minimis but i wonder they who w●uld be thought to see into other things like lynx , should be blind in one so appa●ent , except it be done to give place unto that rotten distinction of mortall , and ven all sins , a ieaven with which they have ●oully corrupted the whole lump of mo●al theology . but that an oath is binding in a matter of the least moment is evident ; first , because weighty , and trivial things have a like respect unto truth and falsehood . secondly , because in the assertory oath , he who affirms otherwise of the thing ( be it never so small ) then it is , is perjured ; wherefore a simili , he also in the promissory , who doth otherwise then he sweared to do . thirdly , because god would else be made witnes of falsehood . fourthly , because every party swearing is bound to perform all he promised as far as he is able , and it is lawful : but to give an apple to a boy is both possible and lawfull ; he is bound therefore to perform it , he ought not so to have sworn , but having sworn he ought to fulfill his oath . sect . xvi . the fifth doubt remaineth , where we swear unto a thing indefinite and uncertain ; and it containeth three cases especially . the first case is , when one man delivereth himself as it it were into the power of another , promising to perform whatsoever the other will impose upon him ; as when a prince swears unto his favorite , to give him in acknowledgement of his faithfull service whatsoever he shall desire ; or a friend , or servant , swears unto his friend or master to obey what he shall command . in this case i say first , that this kind of oath , if it be simply understood according to the tenor of the words , is unlawful . he injureth god , whose servant every man is , who maketh himself a servant to man and slave to anothers rashnesse . secondly , i say , that something else must necessarily be understood to make it lawfull . for example , i swear to doe as you will have me , meaning whatsoever is just , honest , possible ; and so far , and in this sense it obligeth . the kings of the persians and jews seem antiently to have used this , as a solemn form , and for the fuller oftentation of their grace , and magnificence , to have sworn indefinitely ; ask what thou wilt , and it shall be given thee even to the half of my kingdome ; so sware assuerus king of persia unto the queen his wife ; and she asking a just and necessary thing , he according to his oath commanded it to be done . but solomon having promised almost in the same form the queen his mother to give her what she should ask , and she in favour of adonia asking a thing , which solomon already acquainted with the ambition of the man thought too unjust , solomon notwithstanding his oath , fulfilled not the the desire of his mother . by which fact he sufficiently shewed that he sware with no other intention of performance then as the thing asked should be just . by which example he hath taught us , that in oaths indefinitely made unto the will of others , the condition ever to be understood , is , if the request by the rule of good and honest be modestly asked , it is just and reasonable it should be faithfully performed . there is yet a third example of an oath of this form , matth. . where herod the tetrarch to favour the danceresse his brothers daughter , sware to give her what she would ask : she asked a most wicked thing , the head of an innocent man , and not condemned , to be cut off , and put in a charger . the king commanded it to be done for the ●aths sake , and them which sate at meat with him . for alas ! the religious , and the bashfull prince was ashamed in the presence of so many guests not to fulfill that , though with most execrable wick●dnesse , whereunto he had bound himself by the sacrament of an oath . let herods be an example unto us of warning , but solomons of imitation : and let us remember that an oath so indefinitely made , is ever to be understood with i● just exception , and to be extended unto those things only which in probability were thought upon du●ing the act of swearing , and not unto those which if they had then been thought upon , the oath had not been taken . sect . xvii . the second case is , when subjects are required to take an oath for preservation and defence of laws and liberties , priviledges , prerogatives , and preheminences of some superiour power , as of a king , a commonwealth , or lord paramount ; such as are amongst us the oaths of homage , of royall supremacy , and the like . no man denyeth these oaths , either to be lawfull or obligatory ; but in respect of the frequent incertainty of the laws whereunto they relate , it may very well be doubted how far they oblige . doubtlesse the subject to his power is obliged to defend all rights which appear either by law or custome legitimate , whether defined by the written law , or in force through long use of time , or prescription , ●●at is , so far as they are known , or may morally be known . but he is not equally obliged unto the observation of all those which are controverted or doubtfull , especially since powerfull men are accustomed to stretch their teathers , and leap over the landmarks of their neighbours , not contenting themselves within the bounds of their own right . neverthelesse a subject ought to be always prepared in minde , so soon as the justnesse of those things which are doubtfull shall appear , to acknowledge and defend them . sect . xviii . the last case is , where an oath is required of member of any community , as of a city , university , or colledge , society of merchants , or handicrafts men , to observe the statutes , customes and liberties of that corporation ; if you ask what the obligation is ? i answer , first , that the party sworn , is obliged simply unto the observation , as far as in him lyeth , of all fundamentall statutes . by fundamentall , i understand such as most necessarily and nearly concern the preservation of the publique estate , order , and honour of the whole body or community . but secondly , not that alwayes and necessarily , to the rigour of the lett●r , but as they are put in practise , and received by custome , and as they are with approbation observed by others . thirdly , concerning the lesser statutes appeartaining only unto externall form and decency , which by the condition of the matter , or form of the sanction , or any other probable conjecture , a discreet man may judge not to have been framed with intention of rigid obligation ; he is obliged to observe th●m ordinarily ; yet so as wi●hout scruple of conscience he may sometimes , having just cause for it , pretermit that which is prescribed to be done by some statute , provided it be without scandall or contempt . fourthly , the obligation is extended unto statutes to be made for the futu●e , provided they be possible , just , and honest . fifthly , if any statute after the oath tak●n be abrogat●d or grown out of use , the obligation of the oa●h as to the statute ceaseth ; and he is not bound any longer to observe it , unlesse he have sworn in expresse words unto the matter it self , decreed by that statute . for in that case , though the statute be taken away , the obligation remaineth . sixthly , seeing statutes of corporations be very many , and many of them unknown to many , and that it is most difficult , nay scarce possible to observe them all exactly , and to an haire , he who shall behave himself so honestly that willingly he omitteth nothing appertaining to his duty , and is morally diligent to attain the knowledge of all those statutes which tend thereunto , and resolveth faithfully and without scandal to be serviceable unto the estate , honour , and peace of his community , as far as humane frailty will permit , performeth doubtlesse with a very good conscience his faith given for the observation of the statutes ; and by the rule of just and honest , dischargeth the duties whereunto he obligeth himself . and the like is to be understood of the publique laws of a kingdome . sect . xix . and this shall suffice to be spoken of the first classis of cases . but left it be thought my intention to permit too great a licence of oaths , because i have so often said that this or that kinde of oath is not unlawfull , i thought fit maturely to advertise you , that i have said nothing this day , nor shall hereafter , that may give any man reason to believe it lawfull for him to swear at his pleasure , it being well known unto me that an oath is a sacred thing , not without great necessity , and then seldome , and with much reverence to be used . but my meaning throughout is , that an oath upon this or that occasion is not simply and generally unlawfull . for example , when i said on oath impeditive of a greater good is not unlawfull ; or an oath of an indifferent thing is not unlawfull ; my sense was , that an oath ought not therefore to be concluded simply , and generally unlawfull , ( so it have all the rest of the due conditions ) only because it is impeditive of a greater good , or only because it is of an indifferent thing , or which comes all to one , that there is not in those considerations any such impediment , but it may be lawfull , if it be otherwise necessary , and in all other respects duly qualified . the fourth lecture . containing seventeen cases . summary . . the efficient cause of an oath , and the things to be handled , proposed . . oaths of children . . oaths of mad men and fools . . oaths of men drunk and enraged . , . oath of one being in the power of another . . the authority of him , who giveth an oath . . faith to be kept with enemies , heretiques , perjured persons . . whether an oath oblige the heirs of the party swearing , and how far . . oath to be performed by the heir or success●r . . voluntary oaths . . oath obtained by fraud . . oath taken through some light fear . . oath extorted by force or fear . . money promised unto a theif ought to be paid . . solution of objections . . whether silence promised unto a theif be to be kept . sect . i. the principall difficulties appertaining properly unto the matter of an oath , being finished in the foregoing lecture ; we proceed unto the solution of those doubts , which may be reduced unto the efficient cause . the efficient cause of an oath is , as to our purpose twofold ; the agent , to which effect properly belongeth , and the impulsive cause . again the agent is either principall , or more remote from the effect . for as two persons at the least , to wit , the person swearing , who engageth his faith , and the deferent , as they speak who follow cicero , or person to whom the engagement is made , must as tearms of this relation concur in the obligation of an oath . so each hath his part in the work . the first , and especiall belongeth to the person swearing , the second to the deferent , or person to whom the oath is made . in both agents , the condition or aptitude of the person is first to be considered , next the extension of the obligation : wherefore in this kinde of efficient cause , such doubts are in the first place to be considered , as arise from the defect of some condition requisite on the part of the principall agent to qualifie him for an oath . and two things especially are requisite unto such a qualification , rational judgement , and lawfull power . for an oath ought to be taken with a minde both deliberate , and resolved to perform the promise ; but he who is not indued with rationall judgement , can neither be deliberate , nor he who is not his own man , but in the power of another , make a stedfast and effectuall promise . sect . ii. wherefore the first doubt is , how far the oath of a person not indued with the faculty of judgement , obligeth ? which defect seeing it may arise from divers causes , divers cases are therefore contained under this head . the first is of children so soon as they attain unto the use of reason , which at what time of their age it may happen is not , nor do i think can be defined , seeing some are sooner , and some later ripe ; the civil laws of the romans , and the municipall of most nations , pitch upon certain years under which they admit not children either to take assertory oaths , or to be compelled unto promissory : such amongst us is the age of . he who is younger , is neither admitted to be a witnesse in judgement , nor required to take the oath of all●giance , nay if he have taken an oath , it is nul in law ; this is right at the bar of justice , not at the bar of conscience . children should be taught from their tender age by their parents , and pupils by their tutors , early to understand , and duly weigh the power and efficacy of an oath , the guilt and punishment of perjury , that they may beware the wicked custome of the one , and horrid crime of the other . for it can hardly be imagined of what necessary or lawfull use the oathes of children should be , they being both unfit to judge , and not in their own power , unlesse parents in whose power they are should require it at their hands , for the faith●ull performance of some commands . as fame reports han ball , about the ninth year of his age , to have been set by his father amilcar before the altar during the time of sacrifice , and there bound by oath to be a perpetuall enemy to the romane name . but oh shame ! what is become of domestick discipline amongst christians ? children scarse able to speak , are heard in every street tearing the sacred and dreadfull name of god with profane lips , and oathes , both without fear , and punishment : seasoned with the abominable stench of which vice like new vessels , it will hardly out when the cask becometh aged , and rotten . but i would not be carryed away with the tide of grief , and indignation , i return to the point , and say , that oathes of children before they attain to years ( as we call them ) of discretion , or know what deceit is , through defect of judgement , are neither lawfull , nor obligatory . but so soon as they are capable of deceit , and can in some , though small measure understand what the nature , and force of an oath is , which happeneth for the most part● about the seventh year of their age , and earlier in many forward wits , or such in whom malice supplyeth age ; the oath of a childe , though it be absolutely unlawfull ( unlesse that one case , if a parent require it , may be excepted ) being taken obligeth , if there be in it no other impediment . the reason is , because an act in its own nature obligatory , such as is the act of swearing , proceedeth from a minde indued in some sor● with the faculty of judging . sect . iii. the second case is , of the oathes of mad men , and the third of fooles : to whom the vice of unseasonable belching forth of oathes , even when they think least upon it , is familiar ; which although we may , and god who is most mercifull , and expecteth not an harvest where he sowed not , perhaps will forbear to impute unto them for sin , because it proceedeth from invincible error , yet most certain it is of every oath , and pronounced by our saviour , that it cometh of evill ; from the instigation of the devill , and common corruption of mans heart , through which all the children of adam are inflexible unto good , and wax unto all kinde of wickednesse : to make a doubt whether such oathes be lawfull or unlawfull , were vain and uselesse . for to weigh whether things be lawfull or unlawfull , belongeth to such only as can in some measure judge , whether done or to be done they agree with their rule the law of god , and right reason : which law it were in vain to plead unto such as are destitute of that faculty , and void of understanding ; certainly he who requireth reason of a mad man , is mad with reason . this kinde of oath therefore as much as it is the act of a distracted person , is in no wise binding ; except otherwise frantick , he enjoy his reason by lucid intervals ; in which case it bindeth no lesse during the time he so enjoyeth the use of his reason , then one made by a man of sound and reposed judgement . sect . iv. the fourth and fifth cases are of oathes made by men who are drunk , or in rage , promising or threatning something , which in sobriety and cool bloud they would not have promised or threatned . the reason of doubt is , that whereas some judgement , at the least of a deliberate , minde is requisite to make an oath obligatory ; drunkennesse and wrath , which are but short fits of madnesse , so perturb the judgement , and for a time take away the use of reason , that till the one have slept , and the other reposed his minde , neither seemeth much to differ from a mad man. but of these oathes , this in the first place is certain , that neither kinde can be excused of sin , but whether drunkennesse , or the vehemency of anger aggravate the sin which is the act of swearing , or rather extenuate it , all are not agreed , nor seemeth it possible to answer simply and sufficiently unto this probleme by a single affirmation , seeing judgement in the point dependeth very much upon circumstances . but be it as it will , the question is not to this purpose . the nature of the doubt sheweth it to be unfit , that a drunken or angry man should swear at all , because during that distemper he cannot swear in judg●ment , but must necessarily blab out whatsoever his wine or passion ( which are immoderate counsellors ) shall perswade , and which in cool bloud , and sober , he would give any thing were unsaid , or unsworn ; neverthelesse we must distinguish of obligation . for first , the thing whereunto he swears , is either unlawfull , or lawfull and honest : if unlawfull , ( as it happeneth for the most part , especially in oathes which fall vehemently from angry men blinded with eagernesse of revenge ) it is evident that they oblige not ; for it hath been sufficiently demonstrated that an unlaw●ull thing is not obligatory . wherefore it was p●udently advis●d of abigail , and piously followed by david , when animated by the unworthy reproach of an ungratefull man he had sworn the destruction of nabal and his whole family , in that he dispensed with his oath , and withheld his hand from bloud . but if the thing sworn be lawfull , as that often is , which drunkards ostentatiously promise , then we must look secondly , what and how great the excesse of drunkennesse was , whether in a degree to hinder only , or perturb the use of reason , or utterly to deprive of understanding , and transform the man into a beast . he who sware having wholly lost the use of his reason , is bound when he is sober , seriously to repent , both of his debauchery and rash oath ; but is not obliged to do as he sware , because during the act of swearing he had not that use of reason , without which there is no judging of things with deliberate understanding . but the use of reason hindred only , and not so taken away , but that he might , though drunken , in some measure judge and resolve , it seemeth he is in some measure obliged to fulfill his oath , at least in part , if it may be done without his very great hurt , and this both in respect of his antecedent deliberation sufficient to binde , and for punishment of his rashnesse , that he may learn for the future to be wiser , and lead a sober life , lest he stumble into that drunkennesse which will stick by him sober . but if performance of the oath be to the great hurt or inconvenience of the party swearing ; as if a man being drunk , should promise to sell the land whereupon he keepeth his family for little or nothing , he seemeth not to be obliged . the reason is , that such a promise is a certain sign of the absence of his understanding . wherefore seeing his minde was not fully free during the time of the oath , neither is the obligation full . perhaps in this case it would not be the worst end of an ill business , if it should by both parties be wholly referred unto the arbitration of an honest and prudent man to be by circumstances determined , what part of the thing promised , the party sworn deserveth to make good in punishment of his drunkenness , and temerity . sect . v. the second doubt is , of his oath who is not in his own power , but anothers . as if a son or pupill in the power of parents or tutors , or a servant in his masters , or wife in her husbands , or subject in his princes , or a souldier in his captains , or the like should take an oath without permission of his superiour ; what and how far availeth this oath ? i answer , he who is under the power of another ought not to determine of any of those things , wherein he is subject by an oath , without expresse consent of his superiour , where it may conveniently be had , or at the least without his tacite consent ; that is , where the party swearing may probably conjecture that his superior , if leave were asked , would not refuse to grant it . if he doth otherwise , he sinneth in swearing , neither is he obliged to perform what he sware ; nay he is obliged not to perform it , unlesse his superiour being made acquainted with the matter give him leave ; as is at large explained by moses through this chapter in the case of a vow or oath , ( for as to obligation they appear the same in this verse ) made by a virgin , whilest she is in the house of her father , or by a wife in the house of her husband ; the sum is , that the vow of a virgin , if her father knew of it , and contradicted it not , is valid , because by silence he seemeth to have given consent ; but if he contradicted it , it is void . and the same by analogy may be determined of all such as are under the power of others , so far as they are under such power : which for two reasons appeareth by that which hath been said . first , b●cause he doth injury unto another , who as it were by a right of his own , disposeth of the right of another ; but by our fifth hypothes●s no man is bound by an act injurious unto another , seeing that an unlawfull thing obligeth not . secondly , every man is bound by his duty to be subject unto his superiour , and obey his will in those things wherein he is superiour : which obligation by our third hypothesis , a subsequent oath cannot take away . wherefore we must necessarily conclude , that the oath of one who is under the power of another without the others consent , is neither lawfull , nor obligatory . sect . vi. nevertheless this conclusion is not so absolute , but it may admit of two exceptions ; one respecting the party swearing , the other , the consent of the superiour . for the party swearing , it is to be considered that there is scarse any person enjoying the use of reason so fully in the power of another , but he is at the least in some things at his own disposing ; and of these every man may according to his discretion , even without leave , or acquainting his superiour with the matter , so determine , as may be obligatory . the servant of caius ought not to let out his labour to titius , or lend , or give unto him any part of his masters goods , without the consent of caius ; because things concerning the performance of duty , disposing of goods , or other service of the family , are wholly in the masters power . but the servant or son of caius may promise even without acquainting caius to give unto titius that which is peculiarly theirs , & if they confirm their promise by an oath , they are bound whether he will or no to perform it , because each hath free right , to dispose of that which is peculiarly his , and is as to that in his own power . secondly , for the consent of the superiour , it is to be observed , that unto the ratification of the oath of the inferiour , precedent consent expressed , is not necessarily required , but it sufficeth if it be tacite , whether antecedent , or subsequent . tacite antecedent consent i understand to be , when from the lightnesse or equity of the thing , or other probable cause it may very well be presumed , that the superiour if he had been asked , would have consented unto , or at least not forbidden the fact ; as if caius being from home , or not acquainted with the businesse , his wife should cloath a poor man with an old suit , or give an alms to a begger , or his son , or servant , upon his neighbours entreaty should lend an oxe , or a cart , or other instrument of husbandry or houshold-stuffe , or should contribute their assistance to build a neighbors house , or bring home his corn. tacite subsequent consent i understand to be , when the superiour , in whose power it is to make any promise rashly made by the inferiour , if he see cause , invalid ; coming afterwards to knowledge of the promise , doth not presently and openly contradict it , nor discovereth by any certain expression , that he so far disproveth the act , as that he would not have it fulfilled , according to that which is directed by moses in the . . and other verses of this chapter , where to make the vow of a daughter or wife invalid , an open and mature signification of the dissent of the father or husband is required . for it is not enough to render the daughters vow invalid , that the father say it displeaseth him , but he must openly declare against it , vers . . . si renuendo renuat , and tollendo tollat ; as if he should say , he must constantly withstand the fact , and by interposing his authority forbid the performance of that which is promised . it is also required that the same be speedily done , vers . , , , , . upon the day that he heard it ; as if he sh●uld say , if he conceal his dissent but a day , he hath established the vow for ever ; for he is presumed to have been willing , who slowly expresseth himself to be unwilling . sect . vii . having considered the party swearing , the deferent or person to whom the oath is made cometh in the second place to be considered , and is concerned in the third doubt ; wherein two cases occur , one respecting his authority , the other his faith . the first case is , where we make a question of his authority who requireth an oath of us . for if he be a legitimate superiour , and so acknowledged by us , nor require other oa●h of us , then what is decreed by the law , and confirmed by daily and approved custome , no man doubteth but such an oath may both lawfully be taken , and ought faithfully to be performed . but where he who requireth the oath , seem●th to have no right so to doe , but to usurp a power which belongeth not unto him , it may very well be doubted whether it be lawfull to t●ke an oath by him so offered ; and if we take it , whether , and how far we are obliged by it . first , i say , that a pious and constant man ought as much as in him lyeth to decline all oathes imposed by such as have no lawfull authority : not onely because it is an ordinary thing to compell those upon whom they exercise tyranny unto unjust promises , but also be●ause every man is bound to defend his right , and liberty to the utmost , and not tamely to thrust himself into the yoake of anothers tyranny . but secondly , if besides command such force be used as he cannot resist , and there be no refusing with out extreme danger , to avoid i say , the certain consequence of a very great inconvenience , a pious man , but sadly , heavily , and with some expression of reluctancy , may take such an oath , provided the words of the oath ( which seldome hapneth upon this occasion ) contain nothing unlawfull in it self contrary to known law , or derogatory from the right of any third person ; otherwise he ought to refuse it , even to the hazard of his life , and to endure the utmost rather th●n oblige himself in an unlawfull bond . thirdly , he who hath t●ken an oath , given by a person , who had no lawfull authority , but in all other respects lawfull , is many wayes bound unto the performance thereof . sect . viii . the second case is , where hee unto whom the oath is to be made , is an infidell , heretick , or one who hath formerly broke his faith . first i say , it is lawfull to swear unto an infidel , heretick , or perjured person ; it was done by the patriarchs , isaac and jacob , also by joshua , and the princes of the people of israel ; these made leagues with strangers and infidels , and on both sides confirmed their mutual faith by solemn oathes . secondly i say , that faith given unto such is in any wise to be kept . we use to object unto papists , that they hold faith not to be kept with hereticks ; wherein the jesuites of this age exclaim that great injurie is done unto them . they are ashamed forsooth in so clear light openly to professe a doctrine so wide of all right reason , and pernicious to humane society . but our men have proved , even by shewing the places , that some of their doctors have defended that conclusion , whose books are neither prohibited nor expurgated . but let them all deny it in words , this at least is apparent , if we may judge of their opinion , either by the principles of their doct●ne , or by their actions , and reason of those actions , as their own historians of most unsuspected faith have related them , there is no such cause why they should so confidently exclaim that we have slandered them . in the mean time whilest they would shift of this opinion , they tacitely acknowledge it either false or impious . the prophets sometimes reprove the kings off judah , especially eze k . almost throughout the chapter , that they kept not their faith sworn unto the kings of babylon ; the place is remarkable , and by chrysost●me largely and elegantly explained . nay in this kinde the faith of regulu● and others is renowned in heathen story , who made good what they had sworn even unto enemies , and carthaginians ( a most perfidious nation ) though to the hazard of their lives . silius adorneth regulus with this commendation , calling unto him as it were by an apostrophe . their fame to late posterity shall sound , faithfull to faithlesse carthaginians found . but you will object perhaps those vulgar sayings , to deceive a deceiver is no deceipt , and cum cretensibus cretizandum . to which may be added those which grotius useth , on the speech of brutus , in appian ; romans kn●w no faith nor religion of an oath to a tyrant : the other out of the old tragedian , where one saith , thou hast broken thy faith ; the other replyeth , which i neither gave , nor give unto any faithlesse person . i answer , that these taken from common practise , rather shew what useth vulgarly to be done , then what ought to be done ; or if you admit them for truths , that they are onely approveable in such cases , where the oath was taken upon condition ; either expressed , as thus , i swear to give you an hundred crowns , if within a month you rede●m your land which i have in mortgage ; or at the least tacite , as when two oblige themselves by mutuall oathes to fulfill mutuall promises with mutuall respect . for example ; if chremes the master , swear unto his servant sosia , to give him annually ten crowns , and sosia likewise swear unto chermes , to serve him eight years ; he of the two who first violateth his faith , presently absolveth the other from the bond of his oath . but if two oblige themselves mutually in promises of different kindes , or not at the same time , or otherwise without mutuall respect , faith violated by the one , absolveth not the others obligation , but each is bound to stand unto his oath , though the other have not performed his part . for example , a king simply , and without respect unto the allegiance of his subjects , sweareth to administer his government righteously , and according to law ; the subjects at another time simply , and without respect unto the duty of the prince swear allegiance , and due obedience unto him ; they are both bound faithfully to perform their severall duties ; nor would the king be absolved from his oath , though subjects should not perform their due obedience , nor subjects from theirs , though the king should turn from the path of justice . sect . ix . hitherto of the condition both of the agent , to wit , the party swearing as principall , and of the deferent or person to whom the oath is made as lesse principall : the fourth doubt followeth concerning the extention of the obligation in respect of both the persons ; wherein two cases occur . the first concerneth the person swearing , whether , and how far the oath obligeth his heirs , and successors ? for example , caius having bought a field of titius , sweareth simply to pay him an hundred pounds within six months , within the time caius dyeth , the question is , whether by vertue of the oath made , the heire of caius be bound to pay the money promised ? i answer , the heire of caius in respect of the thing , which gave occasion unto the oath is bound to pay , forasmuch as he enjoyeth the field for which the money was promised : for the heire who inheriteth the estate of the person deceased , is bound de jure , to pay his just debts , it being most equall that an estate should passe with the engagements that are upon it . nethelesse the hei● is not bound by vertue of the oath made by the person deceased , by which means if he pay not , he is unjust onely , not perjured . the reason is , because an oath is a personall bond , and contracteth a spirituall obligation only , at the internall bar of conscience , not a civill , and temporall one at the externall bar of justice . but in personal things no man is bound without his own consent . if it be said , that caius by his personall act may well oblige himself and his heirs unto some performance , as we see it daily done by instruments of law ; and therefore from the like , that he may also binde his heirs by an oath , especially , if he say in expresse words , that he sweareth for himself and his heirs . i answer , that there is not in either like reason . because the personal obligation which is in the conscience must necessarily be personall , as a mans conscience is proper unto himself ; and cannot passe into another : but temporal obligation followeth a temporall thing , which seeing it may passe unto another person , may also lay an obligation upon another person ; wherefore the heir is bound by the equity of the thing , not the vertue of the oath . sect . x. the second case concerneth the person to whom the oath is made , whether he who hath sworn the performance of a thing unto another , the party unto whom he sware being deceased , be bound to make it good unto the heirs or successors of the said party ? i answer , ordinarily he is . it is certain the party swearing is obliged , if he expressed that he would perform the oath unto the heirs of the other . it may also be taken for granted , that he is bound though he expressed it not , if the oath taken relateth to dignity ; because dignity varies not with the change of persons . whence if any subject or souldier swear fidelity unto his king or generall , the oath is to be taken as made unto them also who succeed unto that dignity . the same may be said in matter of debt , and sundry other things wherein consideration of duty , or contract gave occasion of the oath . if you shall enquire how it cometh to pass , that the bond of an oath being personall as to the party swearing , is not also personal as to the party unto whom the oath is made , but passeth unto his heirs , or successors : or which comes to the same matter , how it cometh to passe that a man may engage himself unto another , and his successors , though successors be not expressed in the oath ; but cannot oblige himself , and his successors , though they be expressed in the oath . i answer , the reason of the difference lies in this , that in the one case obligation of a mans self is meant , in the other , obligation of others . any man may oblige himself spiritually as he will or pleaseth , and therefore may by his proper act oblige himself , as well to the successors of another as to the person himself ; but a man cannot lay an obligation upon another unlesse he also consent , and therefore he can by his act spiritually oblige himself only . now whereas i said in answer unto the doubt in this case , that the party swearing is ordinarily obliged ; the reason why i said so is , because it may be that sometimes he is not obliged ; for seeing that the intention of the party swearing , ought to be judged of according to the nature of the thing , and subject matter , where from the nature of the thing promised , and other circumstances it may probably be conjectured , that the party swearing intended only a personal promise unto the person unto whom he sware , and not unto his successors , the obligation of the oath divolveth not unto those successors . sect . xi . but of active causes this may suffice , i passe to the impulsive , which are partly externall , and partly internall . internall , when a man through the meere motion of his own will , not compelled by any other , freely offereth himself to take an oath , or through some transportation of anger , love , or other passion of a perturbed minde , or through delight in sin , and impious custome of swearing rashly , and without judgement , besprinkleth his discourse with oathes . which vice , both in respect of the heavinesse and frequency of the sin , i could wish were more often , and vehem●ntly reprehended in sermons , as i see it was diligently , and sharply done in his time by the most devout man , john chrysostome , left by the just judgement of god , through oathes the earth mourn , and the lord swear in his wrath , that he will not hold them guiltlesse , who so contemn his dreadfull name , that they fear not to invoke his most sacred majesty as witnesse● , and arbiter without any necessity . but i shall not say much concerning oathes of this kinde . all spontaneous oathes , are absolutely forbidden , except upon weighty and necessary occasions . it will be worth our while , to hear augustine of himself ; i swear , saith he , but as i conceive compelled thereto by great necessity , whilest i see that i am not beleeved without it , and that it is not expedient for him who believeth me not , not to believe me . as if he should have said , we may only then swear , when it is expedient that we be believed , and cannot be believed without we swear ; and in this case ( in which only it is lawful ) a voluntary oath is the more binding , for being voluntary ; because there is no straighter obligation then that which we take willingly upon our selves . sect . xii . wherefore letting these passe , i proceed to externall impulsive causes , which are especially two , deceipt and force . the fifth doubt therefore is , of an oath into which we are inveigled by craft and deceit , that is , when one man led into errour by another mans word or fact , sweareth to performe something , which if he had not been deceived by another , he would not have sworn . of which we have an illustrious example in joshua , and the princes of the people of israel , who deceived by the gibeonites , faigning themselves to be strangers come from a far countrey , to desire a league with the people of god , admitted them unto the league , and sware a peace with them ; nor did the israelites when they found themselves deceived presume to retract the oath , knowing themselves bound by the religion thereof , but granted life and peace unto the gibeonites , a● they had contracted : neverthelesse they found out an expedient , ( imposing upon them the condition of servitude in the vilest offices ) whereby the gibeonites migh● pay for their craft , be kept in their duty , and not be able for the future to hurt israel ; of which fact saith ambrose , joshua thought not the peace which he had given to be revoked , because it was confirmed by the bond of an oath , lest whilest he argued others perfidious , he should break his own faith . by which example it is plain that an oath , though obtained by deceit , hath the strength of obligation . and lest that any man should think that joshua and the princes were too superstitious in this matter , they resisted not only the people who thought the gibeonites , notwithstanding the oath , ought to be sl●in , rendering this reason of their advice , we have sworn unto them by the lord god of israel , now theref●re we may not touch them . but god so approved afterwards of the thing by a double sign . one when he bestowed upon joshua , fighting for the gibeonites against the kings , who had made a confederacy for their destruction , a remarkable victory , accompanyed with an illustrious miracle ; the other , when above an hundred years after , king sauls unjust violation of the league made with the gibeonites was punished with three years famine , and at the length expiated with the death of seven of his sons , by gods expresse command publiquely hanged . sect . xiii . neverthelesse this case will admit of a distinction . for the error whereinto the person sworn is led by the deceit of another , if it be about a circumstance only , or about the cause of a thing , as if it were extrinsick and accid●ntall , taketh not away the obligation , as appeared but now in the errour of the israelites conc●rning the gibeonites . the like might be said in case caius should swear to take the widow of titius to wife , beleeving her though poor to be rich , he must take her , this error rendereth not his oath invalid : and the the like is to be said of o●thes of the like kinde . but i● the error be about the substance of the thing , or its proper cause ; as if caius should swear to marry this particular woman under the name of titia , beleeving her to be titia , though she be not , & afterwards should find his error , he is not bound by oath ; for an error in the substance of the thing , which was the proper cause of the oath , rendereth the promise invalid , and obligation void . sect . xiv . the sixth and last doubt is , of force , or of an oath extorted by fear , against the will of the party swearing , in such manner as if the fear were not , he would not swear ; and truly this is a difficult and intricate question ; neverthelesse i will endevour to explain it with as much brevity and perspicuity as i can . the first case is , where the fear is slight , and such as cannot easily affect a constant man , as if through the fear of unjust censure , or of derision , or displeasure of some powerfull person , a man should promise by oath the performance of something which would be inconvenient for him , and such as , were it not for the fear , he would neither doe nor promise . in answer , i must first repeat which in the whole matter of oathes is most religiously to be observed , that if any thing be proposed to be sworn , which is against the law of god , against the duty of a christian , against a vertuous life , against the laws of the countrey , against a former obligation , or in any other respect unlawfull , such an oath ought not through any hope of profit , or fear of danger ; to be either taken , or performed . this presumed , i say , that a slight and empty fear ought to be contemned by a valiant man , ( that is by an honest ; for he cannot be honest who is not valiant ) and every oath of this kinde to be constantly and boldly refused . the righteous are bold as a lyon , p●ov . . . of which fortitude , he who is destitute can hardly doe any thing worthy of a good man. for he that observeth the winde shall not sow , and he that regardeth the clowds shall not reap , saith solomon , eccles. . . n●y it can hardly come to passe but he shall doe many things unbeseeming a good man ; for by the testimony of the same solomon , prov. . . the fear of man bringeth a s●are . but if any man being overseen , through want of courage , have suffered himself to be ensnared , he hath bound his soul with a bond , and is obliged to perform what he promised . s●ct . xv. the second case is , where fear is great and just , and such as may affect a constant man , as the fear of captivity , loss of all his goods , of infamy , torture , and ( which is the king of fear ) of death it self . i say first , as before , if the oath contain any unlawfull thing , it ought not to be taken by any honest man , though to save his life , nor taken can be observed without sin . hearken oh ye christians unto the golden speech of an heathen . the man who 's just and steady to himself , arm'd tumults cannot bow ; nor awed by the tyrants look , is from his stable purpose shook . secondly i say , if a matter be extorted by force , or prevalent fear , which is neither unlawfull , nor injurious to any man , but more or lesse inconvenient onely unto the party swearing ; as if a traveller falling amongst theeves , who with their swords at his breast , should threaten him death , unlesse he sware unto them to ransome his life , with a sum of money , the party may in this case lawfully promise the money , and ratifie the promise with an oath . the reason is , that of two ills proposed , a man may , and a wise man ought to use the lesse , and the losse of money is a lesse ill then the losse of life . thirdly , i say , that this oath obligeth , and that the money promised unto the theeves , is in any wise to be paid : which though it seem to have been said sufficiently manifest ; yet because this assertion hath considerable adversaries , and amongst them cicero , a man of singular judgement , and as rightly principled in all that concerneth the bond of an oath , ( this , one thing excepted ) as was possible for a gentile ; it will not be wide of our purpose to confirm this assertion with some reasons . first , therefore he who sweareth a lawfull and possible thing , is bound to perform it : but to pay money promised unto a theef is neither unlawfull nor impossible : therefore he is bou●d . secondly , he chose that which then seemed unto him best , and which if one of the two were now necessarily to be taken by him he would choose again : wherefore it seemeth that what was prudently chosen cannot honestly be refused . thirdly , that which was promised to a certain end , ought by the party promising to be performed , when he hath obtained his end . because every contract upon condition , that condition being performed , ought also to be performed ; which is the very basis whereupon the obligation of conditionall vows is supported ; but he who contracted for his ransome with a theef , did it to the end that he might redeem his life ; therefore having redeemed his life , and enjoyed the end at which he aimed , he ought to perform that which he promised . fourthly , the wisdome of the flesh ought ever to be suspected , as an enemy unto the purity of the heart , and a trap unto the peace of the conscience ; and what is the wisdome of the flesh if this be not , where profit seemeth to strive with honesty , nay honesty being rejected , profit to be imbraced ? that man will not much trouble his minde , whether money promised be to be paid , who esteemeth faith and religion beyond riches ; and quietnesse of minde , beyond all worldly gain . fifthly , regulus and others , ( as hath been said ) who kept their faith with enemies , though upon the hardest conditions , are celebrated by heathen writers : and cicero himself commendeth pomponius the tribune , who performed that whereunto he sware compelled through fear , adding this applause , so much in those times was an oath esteemed . sect . xvi . but they who are of another opinion object : first , that enemies are of a different nature from theeves , and pirats . for say they , we may deale with enemies as we doe with adversaries , with these by the civill law ; with those by the law of nations ; and therefore faith ought to be kept with them , but with theeves , enemies of mankinde , there is no society of law , and therefore none of faith . i answer first , skilfull lawyers affirm some legall rites of society to appertain even unto theeves , of whom if we should borrow money , it ought by the law of nations to be restored ; wherefore ● pari , promises made unto th●m ought to be performed . secondly , though no performance were due unto the thee● , as a person unworthy thereof ; for which reason , breach of bare promise might perhaps be more excusable , yet ought we at least to perform our faith unto god. secondly they object , that through such contracts honest men may be undone by rogues , which would be a publick mischief . i answer , nay rather the lives of honest men saved from rogues , which will be a publick good . but , thirdly say they , by this means robbery and rapine would be established , whilest theeves passe not only unpunished , but rewarded . i answer , if it be so , it 's so only by accident , through their vice , not his who doth not any way help the theeves , nor approve of their fact by promising , nor approveth of it by performing his promise , but rather in providing for his own safety , prevented so much of their wickednesse , that they remained theeves only , and not murderers . fourthly , they object , that the obligation of an oath ariseth from a deliberate act of the judgement and will , where the will ther●fore is so far from freedome , that its action may rather be called coaction , there followeth no obligation . i answer , and it is confessed by all , that the wil cannot be forced . there may indeed be coaction , in respect of an externall and remote principle of action , but in respect of the nearest principle , which in all humane action , is the will ; there can be coaction . he therefore who maketh an oath unto a theef , that he may save his life , doth it willingly with an unwilling minde , wherefore this kind of oath is not simply , but mixedly involuntary ; that is to say , an action partly unwilling , because it is not done willingly , partly voluntary , because it is done with election , though not the freest , yet free enough to deserve the name rather of voluntary , then involuntary , because choyce of two things being granted unto the agent , it is in his power to take which he had rather : and he willeth , who had rather . he therefore is not truly said to have sworn unwillingly , who when he might have let it alone , chose rather to swear . for death being threatned except he would swear , it was left to his choyce , whether he would rather suffer the mischief threatned , or be redeemed from that mischief , by the obligation of an oath . he considered , he chose to be obliged , therefore he would be obliged ; and he who confesseth that he would be obliged , argueth absurdly that he was constrained ; and therefore is not obliged . fifthly , they object , that the traveller oweth the theef nothing , and therefore is not bound to pay him any thing , seeing as hath been said , all obligation relateth unto some debt : now that nothing is owing unto the theef is proved , because no right can be founded upon injury , and it seemeth to be most unjust , that a man should by his injurious fact acquire any right unto himself : therefore unto the theef , who terrified the traveller , and contrary to the duty of an honest man , extorted from him an unjust oath , no right accreweth ; and so neither is the party sworn obliged . i answer , a twofold obligation may arise from an oath : one unto the person , to whom the oath was made , as a party ; the other to god , by whom the oath was made , as witnesse , and revenger . many things may hinder the former obligation , so that he to whom the oath was made , may acquire no right nor any thing in conscience be due unto him from the party sworn : and from this kinde of obligation , and debt proceedeth the objection . but the obligation ceasing in respect of the man , who offered injury and violence ; yet the obligation made unto god remaineth ; to whom irreverence is offered when a man admitteth of an oath which he intendeth not to fulfill ; and injury , when having admitted of it , he regardeth it not . sect . xvii . one case yet remaineth peculiar unto this place , and that is where a man falling amongst theeves , to save his life , is constrained to promise them silence by an oath ; that is , never to reveal their theft unto any man , or to discover their names unto the magistrate . it is very hard to determine any thing in this kinde , saith frederick baldwine , late professor at wittenberg ; yet addeth , that he thinks it safer that the person keep not the silence promised ; but discover the matter unto the magistrate , albeit he have sworn to the contrary . it seemeth he is of opinion that the oath is not obligatory , but the three reasons he giveth , as he proposeth them , barely , and briefly without further confirmation give me no satisfaction . first , he saith , that this oath is of an unlawfull thing . if so , there is an end , other arguments are needlesse . but this he taketh without proof for granted : if it be thought unlawfull , because it 's the duty of a good commonwealths man , to give notice of lewd persons unto the magistrate , that so they may receive condign punishment ; it is granted , but it doth not therefore follow that it is alwayes sin , not to give notice , seeing the affirmative precepts of duty oblige not simply unto the performance of the same , but when we are able , and it is required by the exigence of circumstances . secondly , he saith , that such a kinde of oath seemeth to have a certain kinde of collusion with the theeves , which is pronounced so timerously as sheweth he had not much faith in this argument , [ kinde of collusion , a certain kinde , and seemeth to have ] . which whether it be true or not , who would undertake to prove , that it is not lawfull for a traveller , if to the apparent hazard of his life , he fall amongst theeves , to doe something which might seeme to have a certain kinde of collusion with them ? that which he bringeth in the third place , the impediment of justice , encouragement of wicked persons in their impiety , occasion of leading others into the like hazard of their lives through such silence , would be prevalent indeed , if the traveller were gotten out of their hands safe and unsworn . but we suppose , except he had sworn , he had been slain . i ask theref●re whether in such certain danger of ●●e , was it lawfull for him to swear , or not lawfull ? if not lawfull , ( and certainly the two first arguments either prove that or nothing ) he had perished ; and who then should have given the magistrate information of the theeves ? the inconveniencies which are objected from this silence , might they not ( seeing dead men are enjoyned perpetuall silence ) be objected from his death ? but if it were lawfull to swear , then it is also lawfull to keep the oath , except some emergent accident as it may fall out , unexpectedly do render the thing lawfull when it was sworn afterwards unlawfull . let this therefore , till the contrary be proved by stronger arguments , remain both in this case & the rest , where deceit , fear , tyranny , and the like are exercised ; that an honest man either ought not to swear at all , ( which if the thing it self be not unlawfull seemeth hard in imminent , and apparent danger ) or ought religiously to observe his oath . and thus much for the efficient cause of oathes . in which i was desirous to have been briefer , if the matter would have born it ; my discourse hath encreased upon my meditations , beyond what i expected , and yet whilest i study brevity , i have willingly omitted many things whereof i might profitably have spoken . the fifth lecture . of the externall form of an oath , containing ten cases . summary . oathes by signes onely without words . oathes by the creature . oathes by idols . how to know whether a man have sworn or no. the first tryall , the form of the words . the second , the force of the words . of josephs form ; by the life of pharaoh . third triall , the custome of the countrey . fourth , the intention of the party swearing . the use of the said trialls . the solemn rite of an oath . whether solemnity increase obligation . solemnity of oathes omitted . sect . i. the materiall and efficient causes of oathes have been handled in the foregoing lectures ; we come to speak of the formall cause . now the form of a thing being either externall or internall , the cases of this classis are so under two heads to be divided , as may bring those things which appertain unto the words , or signes of an oath , because they are received by the interior senses , under the name of externall form ; and those things which appertain unto the sense and interpretation of the same , which is the work of the minde , under that of internall form . an oath in respect of externall form , consisteth of signes only , or of words only ; or of both : wherefore the first doubt is of the oath which is made by signes only without words . there have been , who have thought , except the words i swear , or the name of god be expressely used , as i swear i will perform it , by god i will doe it , i call god to witnesse , so god help me , or the like , that it is but a bare promise , and no oath ; and therefore obligatory under perill of falsehood only , not of perjury ; so that he who fulfilleth not his promise , which ought also to be performed , is guilty of violated faith , but not of a violated oath . and amongst the casuists , bartolus is said to have judged words , at the least some , so necessary unto an oath , that unlesse the testimony invoked were in expresse words pronounced , it could not formally be an oath , nor under that name obligatory . but these two opinions are worthily rejected by all . for seeing words are but interpreters of things conceived in the minde , whereof they are characters , if it be possible for those things conceived , ( though perhaps not so conveniently , yet sufficiently ) to be signified by other means , as writing , nods , signes , &c. to the understanding of others ; no necessity enjoyneth the use of words . so mutes , they who have had their tongues cut out , and such as lie speechlesse upon their death-beds , when they contract marriage , make their wills , or perform any thing which cannot be done without a clear and undoubted signification of their assent , which they are unable to expresse by word of mouth , use by nods , by lifting up the hands or other signes , to signifie their answer unto the question asked . which signification is no lesse valid unto all intents and purposes of the law , then if it had been expressed by word . and it is the very same in an oath , to which so god be any way invoked witnesse , whether expressely by word of mouth , or tacitely by any signes , whereby the persons whom it concerneth , may manifestly perceive that the party desireth as in the presence of god to engage his faith , such an act is both formally an oath , and fully sufficient to oblige the conscience , according to that verse which stobaeus bringeth out of an old comedian . the oath is firm , if i but give a nod . he is therefore very much deceived , and his own impostor , who thinketh himself either free from , or more loose in his obligation , because he uttered no word that might expresse an oath . if to another asking him a question , as in the presence of god witnesse and arbiter , by the manner of his behaviour he seem plainly to consent ; or if where it may be advantagious unto him , ( in respect of some wordly gain ) that he should seem to have sworn unto the words of another , he knowingly and wittingly make use of a friend , to witnesse though falsely that he hath so sworn , he hath bound by that fact his soul with a bond , and ought no lesse to doe according unto all that which proceeded out of the mouth of the party asking or requiring ; then if it had proceeded out of his own mouth : if the thing be lawfull , he must perform it ; but if he know it to be unlawfull , he cannot by this trick evade perjury . sect . ii. furthermore as oathes may be sworn by signes only , without words , so they may and most commonly are by words only , without signes ; as appeareth by those rash ones , which slip out in common discourse , and others . now the words of an oath may be considered yet two wayes , either in respect of the things by which it is sworn , or according to the manner of expression , and form of speech in which it is sworn . wherefore the second doubt is concerning the obligation of an oath , in respect of that whether person or thing , by whom or which it is sworn , where two cases occur . the first ease is , whether he who sweareth by the creature be , and how far he is obliged ? that oathes by the creator are binding is most certain , and generally granted ; but of oathes by the creature there is some doubt : neverthelesse by way of answer , i say first , that to swear by a creature absolutely , ultimately , and terminatively so as to constitute the end , and strength of the oath in any creature without relation to god , is simply unlawfull : the reason is manifest , because by that means the reverence due unto god only , is given unto the creature . for an oath , as hath been said , is cultus latriae , which ought not to be given to any creature , for as much as the party swearing , by invocation of god as witnesse , and revenger , acknowledgeth him ipso facto , searcher of hearts , to whom it is known whether the minde agree with the words , and the most just and powerfull punisher of sinners , whereof neither is in the power of any created thing . nay such an oath were even by the consession of papists apparently idolatrous . secondly i say , to swear by the creature relatively , and as it were transitively , as papists use to doe by the blessed virgin , or other saints , or reliques of saints , that is ( as they expound it ) not ultimately and terminatively to place the worship upon them , but relatively , and transitively , to passe it by , and through them upon god , is at the least superstitious ; because it appeareth neither by light of reason , nor testimony of scripture , that the power of searching hearts , or punishing perjury , is by god entrusted with , or delegated unto any of his creatures how holy soever . thirdly i say , to mention any creature in swearing without mention of the name of god , as if a man should swear by his head , y his soul , by his salvation , by this fire , by this bread , &c. ( though for the danger of scandall , and shew of evill , it were much better to abstain from such forms , yet ) meerly for this reason , that we ought to swear by god only , is not unlawfull . because either in these forms we swear not at all , or by god only . which that it may be the better understood , lest i should seeme to bring some new , and suspected doctrine into the church , or to be indulgent unto that execrable custome of swearing by the creature , which to the grief of good men is grown so common ; it is to be noted , that in forms of this kinde , wherein mention is made of some creature , as it were by way of swearing , that the oath neverthelesse is in truth often sworn interpretatively by god himself . as in all those which after the common manner of utterance have in them a kinde of execratory sense , upon my soul , upon my salvation i will doe this or that : where the sense is , let not god blesse my soul , let not god give me eternall salvation , if i doe it not . and in those also wherein such things are nominated as are apt to stir us up unto some remembrance of god ; as when the jews anciently sware by heaven , by this holy sacrifice , &c. meaning by god whose throne is in heaven , by god unto whom this holy sacrifice is offered , &c. but where the names of such things are used , which have not in their nature any specially or obvious aptitude of raising us unto any thought of god , nor seem to imply any execratory sense , as if a man should swear at the table , or at the chimney , by this bread , by this fire , &c. though by the manner of the expression , these forms may seem to be a particular kinde of oath , yet in truth , and interpretatively they are not oathes , but rather meer obtestations , as anon in the third doubt shall be more fully explained . fourthly , i say , every oath made by the creature , whether lawfully or unlawfully , that is , whether it be terminated in the creature ( as the worship of images is by the vulgar papists ) which is idolatrous , or sworn by the creature transitively , that thence mediately , and ultimately it may extend to god , ( with which little trick the popish doctors endevour to defend their image-worship ) which neverthelesse is superstitious : if it be really and formally an oath , and not an obtestation only , obligeth no lesse the party swearing unto the performance of his promise , then if he had sworn in expresse words by god himself . the reason is , because in every oath truly and formally such , god is in some sort invoked witnesse . fifthly , i say , though by that perhaps which i have now said , this kinde of oath may in some sort be defended , as not simply and generally unlawfull , at least if it be understood , as i have expressed it : yet seeing it is certainly no lesse obligatory then other oathes , and that no necessity enjoy neth the use of it ; ( because where it is expedient to swear , we may use other forms , and where it is not expedient , we ought not to swear at all ) it is the duty of that christian who would seriously provide for the peace of his own conscience , wholly to abstain from this kinde of form . whereunto they will easily be perswaded who shall throughly consider the originall , or issue of the same . it 's originall it oweth partly to the idolatry of the chaldaeans , aegyptians , and other superstitious nations , who sware by the sun , the fire , and other creatures which they esteemed gods ; partly unto the reverence of the divine name and majesty amongst the people of god , which happily in the beginning just and pious , in processe of time degenerated by degrees into superstition , the debauchery of oathes so heightned by evill custom , that ordinarily they chose rather to swear by obvious things , then as philo saith , to have recourse unto the creator , and father of all things . the same practise amongst the antient greeks , ( most of whose rites and manners may easily be tracked from emulation of the hebrews ) is observed by interpreters of the greek poets , who write that they were not ordinarily wont to swear by the gods , but by such things as were next ●at hand , or before the eyes , as bread , fire , water , fowl , serpents , and the like : but that which seemeth to have been begun in reverence of divine power , is at length shrunk unto so great irreverence and contempt of the same , that through the craft of the devill , and just judgement of god suffering sin for the punishment of sin ; piety degenerated into superstition shot up again into open impiety . for when once they began to abstain from the name of god , and swear by the creature , licentiousnesse of oathes would admit of no bounds ; nor stand in any awe of perjury ; a poet elegantly decides the perjury of a prince . who thought his scepter not the gods. he thought it lawfull having sworn by his scepter , to doe otherwise then he ought to have done , had he sworn by the gods. augustine saith of the maniches , they sware frequently by the creature , and without any scruple . that amongst the jews , from the time this custome of swearing by the creature waxed strong , the reverence of oathes decayed very much , is most apparent by the words of our saviour , mat. . & . which two places laid together afford a sense , tending to the correction of a double , ( perhaps a treble ) errour . first , that the jews granted unto themselves , so they abstained from the name of god , liberty of swearing in every trifle . secondly , that they thought it no sin to sweare though by god , if that were true which they sware . thirdly , that whilest they sware but by the creature and not by god , they thought a falsehood no perjury : for so they perversely interpreted that place , thou shalt not for swear thy self , but shall render thy oathes unto the lord. wherefore christ teacheth that oathes taken not in the name of god , but of creatures , are as truly oathes , and as fully obligatory as those wherein god is expresly mentioned . and thus much shall suffice for the former case . sect . iii. the latter case is of an oath made by idols or false gods. for solution of the doubt in this case , first i say , that such oathes are simply unlawful , apparently idolatrous , and expressely prohibited by god ; for they direct the true worship due unto the true god only , unto gods which are not true ; contrary unto the precept , deut. . . thou shalt fear the lord thy god , and serve him , and swear by his name . and god himself grievously upbraideth his people with this sin , jer. . . how ( saith he ) shall i pardon thee for this ? thy children have forsaken me , and sworn by them that are no gods. secondly i say , that such oaths oblige upon pain of perjury , and ought to be observed , and that he who hath violated his faith so given in a lawfull thing , is perjured ; so saith augustine , because he hath sworn by such as he ought not , and done contrary to his oath , that which he ought not to have done , he hath committed double sin . and again , he who sweareth by a stone , if he swear a falsehood , is perjured . you may perhaps object , that this wherein god is not invoked witnesse , seeing a false god is no god , can be no oath , and therefore is not obligatory . i answer , though a false god be indeed no god , ( because as truth and ens , so falsehood and non ens are convertible ) he is neverthelesse a god in the opinion of him who sweareth ; which is sufficient to induce obligation . and therefore such an one ex hypothesi is a true oath ; to wit , the erroneous conscience of the party supposed ; forasmuch as he is bound in conscience to perform the thing which according to the judgement of his conscience he hath confirmed by an oath . where faith sworn by a false god is violated , injury is done unto the true god. because the party swearing , though under false markes , yet by a generall comprehension reflecteth upon divine power . whence augustine , the stone doth not bear thee speaking , but god punisheth thee not performing : alluding , as i conceive , unto the solemn rite of the romans , where the party swearing held a flint in his hand , and pronounced these words , if i knowingly deceive , let jupiter cast me from all good men , as i this stone ; which said , he threw the stone immediately from him ; and they who had performed this ceremony , were said jovem lapidem jurare . he therefore who forsweareth by a false god , shall finde the true god revenger of his perjury , and contempt of divine power , and religion , saith the author of the book of wisdome . nay augustine is so confident , that he feareth not to affirm it lesse evill to swear by a false god truly , then by the true god falsely . which speech of his may not be understood at large , and upon the whole matter , but strictly as to the falsehood and perjury , which in that place are only considered . thirdly i say , upon the obligatory power of this kinde of oath , dependeth the solution of that question which was put by one publicola unto blessed augustine , handled at large by the author , in his whole epistle , . . whether it be lawfull to require an oath of one who we know will swear by idols . augustine holdeth the affirmative , and proveth it first by example of abraham , who confirmed the league contracted with abimelech by oathes mutually given and received , gen. . and of jacobs covenant made with laban , gen. . then by reason , because otherwise there would be no convenient means whereby leagues might be made , and publick faith , and peace preserved with idolaters : nor doth the true god any where forbid the good use of faith , though wickedly sworn by false gods . if it be said , that this were to partake of anothers sin : augustine answereth , we do not by this means associate our selves with him who sweareth by false gods , devils , in the evill of sin , but in the good of his contract , whereby he engageth , and performeth his faith . and so much for the second doubt . sect . iv. the third doubt followeth , which considereth the manner of expression and verball form of an oath . the reason of the doubt is , that seeing every oath , truly , and formally such , obligeth under guilt of perjury , but not such forms as are not oathes : it were needfull we should be able , amongst those forms which seem to be oathes , by some note or character to know which are , and which are not properly , and formally oathes . in which matter i confesse , of so many of the casuists as in this straightnes●e of time i could peruse , i finde none satisfactory , some of them touching this question lightly ; others handling it indistinctly . to the end therefore i may propose something concerning this point more distinctly , as my hast to other things will permit ; it is to be noted that unto a bare assertion or promise , some confirmation of faith is usually added , and that by asseveration , obtestation , or by an oath : which three albeit they may seem little distant , and rather to differ in degree , then kinde ; neverthelesse intrinsecally , formally , and specifically they are each distinct from other . it is true , this distinction , through their affinity , the end at which they aim , and words whereby they are expressed , is oftentimes so obscure , that it is very hard , either not altogether to confound them , or skilfully and dexterously to distinguish them . wherefore that every one of these may be the better discerned from other , four things , which may serve as tryals of every form of speech , whether it be an oath , an obtestation , or meer asseveration , are to be considered , viz. the form of words , the proper and genuine sense of the same , the custome of the countrey , and the intention of the party swearing . sect . v. first , it may be sometimes sufficiently apparent , by the very form of the words , whether a man have sworn or not . swear unto me that you will give me an hundred . i swear ; or by god i will : or i promise before god i will : or as god help me i will give you them . if any of these , or the like , be answered , it is an oath , whosoever useth such form , is ipso facto obliged ; and if he perform not the thing promised , guilty of perjury . but in this , now , will you give me an hundred ? i will give you them , the very words adding no further confirmation of faith , make but a bare promise . you told me you would give me an hundred ; will you give me them ? certainly i will : believe me i will not deceive you . here some kinde of confirmation is added unto the promise , but it is plain by the very form , that this is but a meer asseveration , neither an oath , nor so much as an obtestation , seeing god is neither called to witnesse , nor any other pawn of faith engaged . how shall i know that you will give me that hundred which you promised ? here 's my hand , by the faith of an honest man , i will give you them ; as truly as the sun shineth , i will doe it ; never believe me more , if i dot not , &c. the words themselves shew that they contain more then a bare asseveration , but they are not an oath yet . these therefore are rather obtestations , wherein for further confirmation of a matter promised , or assevered , we interpose something which is dear unto us , or certain , and manifest unto all , as a pawn of our faith . wherefore if it plainly appear by the meer form , that the thing assumed for confirmation of the promise be properly an oath , a bare asseveration , or an obtestation , there needeth no fur●her ●xamination . sect . vi. but because it happeneeh very often through the resemblance of some ambiguous or large signification of a word , or some other cause , that it cannot certainly be judged by the words uttered , whether it be an oath or no ; in the second place , we must be attentive unto the proper and genuine sense of those words , and from thence make the judgement . for it may appear by the forms , that all those speeches which appeal unto the name of god ; or wherein the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latine per , or the english by , are used , with the accusative case , are formally oathes . led by which reason only soto conceived , so much difference between the terms , by my faith , and in faith ; by my troth , and in troth , that he determined those to be formally oathes , these none . but if the genuine sense of the words be well looked into , there will be no difference between the propositions , by and in , being applyed unto the same thing ; for we are to judge of them , as the thing they are applyed unto is sacred or civill . the form by god , is properly an oath , by vertue of the words : for the name of god is a sacred thing , and he who speaketh after that manner calleth god to witnesse . but that by my faith , ( though by the custom of some countrey , or intention of him who speaketh , it may be an oath ) is no oath by vertue of the words , but a meer asseveration , or at the most an obtestation . because humane faith is not a sacred , but a civill thing ; and he who speaketh after that manner , calleth not god to witnesse , but speaketh as he believeth , or declareth , that the thing is uttered with serious and sincere deliberation of minde . for the genuine interpretation of the words , by my faith , whether in an assertory or promissory matter , is this , i speak from my heart ; i tell you my very thought ; i pawn my faith to you that the thing is so ; if to my knowledge i deceive you , let me never be believed more , &c. wherefore the interposition of faith , maketh not an oath by vertue of the words , unlesse perhaps it recall us to some oath which we have formerly made . as in this university , when a man is required to answer unto a question , by vertue of his oath , according to this form , you shall speak by your faith given unto this university . and when convocations are solemnly called , whereunto the doctors , masters regent , and non-regent , are warned by the beadles to repair , per fidem , per fidem , per fidem . the like in my opinion , ( though others i know think otherwise ) is to be said of that of paul , by our rejoycing which i have in christ i dye daily ; to wit , that it is properly no oath , but a serious asseveration only , that as he was subject unto death , so he was daily prepared for death , when it should please god to call him . sect . vii . now it may perhaps by so much as hath been said , be conveniently determined , what is to be thought of those words , whereupon interpreters variously dispute , of joseph unto his brethren . by the life of pharaoh ye are spies . some are of opinion that joseph having been long conversant with pharaohs courtiers , as infected with a touch of their disease , began to savour at the least in this point of their manners and example , the aegyptians being accustomed to swear by the kings life ; as the romans in latter ages were by the genius of the emperour . but i cannot easily suffer my self to judge otherwise of the words and actions of men famous for piety then necessity compelleth . i see divers of the antients in contributing unto the fame of the saints , too indulgent unto their own wits , whilest they would cover apparent defects , with specious excuses . an error much more pardonable then theirs , who in this age delighted with the contrary , love to be curious enquirers into the faults of devout men ; and lest matter should be wanting unto calumny , by perverting blamelesse actions , bestow cracks upon crystall glasses , as it were in the washing . others allow a more favourable interpretation unto the speech of joseph , that he used for once only this form of swearing , familiar unto the courtiers , as an accomplishment of his disguise , and that he might more skilfully represent the person of an aegyptian prince , which he counterfeited , lest he should be discovered by his brethren . but i doe not like to lay this burthen , though somewhat lighter , upon the shoulders of the most holy man without any necessity . the third opinion is theirs , who absolve joseph from all guilt ; but with this reason , that they think it was lawfull for any man before christ forbad that kinde of oath , to swear by the creature . which opinion i confesse so far , as it acquitteth joseph of sin , i allow ; but of the reason for it i cannot allow . for first , it appeareth not that christ did more especially forbid oathes by creatures , then such as are made by god ; for he generally prohibited the unnecessary ones of either kinde . a new prohibition of that which was alwayes unlawfull , would have been needlesse : and that which he spake of oathes by the creature in particular , tendeth to shew that this kind of oath once made contrary to what the jews thought of it , is no lesse obligatory , then those which are made by the name of god expressed . secondly , neither is it true , that it was lawfull before christ for pious men by any dispensation , or divine indulgence , to swear by the creature , seeing that worship is due unto god alone ; as from deut. . and jer. . hath been proved ; which latter place , though perhaps it peculiarly concerned them who swear by idols , and false gods : yet the strength of the argument which the prophet useth , generally taken , comprehendeth them also who swear by creatures ; seeing that it may likewise be truly said of creatures , that they are not gods. thirdly , the nature of an oath , as appeared by the definition thereof , sheweth sufficiently that it was never lawfull to swear by creatures : heathens themselves confessing that divine invocation belongeth unto the essence of an oath . which things being so , and this reason insufficient to excuse joseph of all crime : the fourth opinion followeth , which explaining the genuine sense of josephs words , supposeth him not to have sworn at all , and therefore not to have sinned in swearing amisse : for if he sware by the life of pharaoh , either the life of pharaoh was invoked as witnesse , which were ridiculous to think ; or contained some execratory , or imprecatory thing in it , which what it could be without a very harsh and forced interpretation of the words , is not easie to divine . but the sense of his words will be very plain , and easie , if they be expounded by an indicative speech , thus ; by the life of pharaoh , ye are spies ; that is , as true and certain as it is that pharaoh liveth , so true and certain it is that ye are spies ; like that , by this sun that shineth i tell you true , which is as much as to say , this is so true whith i tell you , as it is true that the sun shineth . whereof neither in my opinion is formally an oath , but an asseveration rather confirmed by a vehement obtestation . i am not ignorant that much may be said for the contrary , which though it be not of weight to make me alter my judgement ; neverthelesse it is of weight to make me think it fit that every man should be left freely to his judgement , provided he condemn not anothers , and grant me this , that it cannot at least by vertue of the words , except it appear by other means , be clearly proved that joseph sware , seeing the words contain no invocation of witnesse , nor of vengeance . sect . viii . the third trial whereby an oath is to be known , is the custome of the countrey , place , or community . for there may be some speeches which neither by their form , nor force and naturall sens● of the words appear to be oathes , yet through received use in some nation and common estimation may be accounted oathes ; as on the other side , such as by the tenor of the words a man would take for oathes , may be esteemed no oathes . the reason is , becaus● the value of words , is like that of money , not by nature , but agreement , or rather use : that is , their worth is accordingly as they are esteemed . to finde an example thereof , we neeed goe no further then some of our own forms : for whereas faith and truth ( especially as to this purpose ) are words of the same signification and efficacy , in asmuch as he who is void of truth , is void of faith , and he who is void of faith , is void of truth also . neverthelesse our countreymen through long use are possessed with an opinion , that he who says , in faith , sweareth , and he who saith , in truth , sweareth not ; as also that in truth is but a meer asseveration , and by my troth , an oath . of which things it were a folly to demand other reason then custome ; to whose arbitriment belongs , the right , the law , the rule of tongues . whence it followes that he who whilest he looketh only at the form or force of the words , taketh the liberty in common discourse of such kinde of speeches , without discretion , or scruple , as have by long use obtained amongst us the force and estimation of oathes , violateth the precept of christ against swearing ; scandalizeth his brother , and exposeth himself unto the danger of perjury . sect . ix . the fourth and last triall whereby an oath may be known , is the minde , and intention of the party swearing . for be it so , that a form of speech appear not by the words themselves , nor by the common estimation of men to be an oath : neverthelesse if a man using such a form , either through mistake imagine himself to have sworn , or through some deceitfull intention would be thought to have sworn ; that form , though it be not really , and in it self an oath , will have neverthelesse as to that man , the full obligation of an oath to all effects ; and if he violate his faith so given , he is guilty at the bar of conscience , not onely of falsehood , but perjury : for as by the judgement of the apostle , he who esteemeth a thing common or impure , which in it self is not impure , maketh it neverthelesse impure as to him ; and is bound to abstain from it as if it were really common , and impure . so by the rule of contraries , he who esteemeth a thing holy , which in it self is not holy , maketh it neverthelesse holy as to him , and is bound to abstain from it as a thing really holy . and if errour in the understanding excuse not from obligation , much lesse may deceitfulnesse in the will : because it is most just that an impious and fraudulent man , should fall into the pit , which he digged for his neighbour , and that his feet should be caught in the snare which he set for another . sect . x. the use of the four trials which i have explained , is this , that to know when a question or scruple of conscience ariseth concerning any form of speech , which seemeth to be an oath , whether or no it be truly and formally an oath , and consequently contain the force of obligation ? recourse may presently be had unto these trials , and the examen of the form made by them as diagnostick signs , and that in the order which i have proposed , begining with the first , and running through the rest , as there shall be occasion ; that is , except the examen appear sufficiently made by the way , to shew it to be an oath . for that which is an oath , may appear to be but an affirmation , by the examination of some one mark ; but it cannot be denyed to be an oath , till the whole examen be perfected through every mark . the ends of this examen are two , the one before the oath , that a man may bethink himself , whether it be fit to use such a form , or no ? the other after the form used , that he may understand how far he is obliged . sect . xi . our discourse hath been hitherto of such oathes , as are made by signes without words , or of such as are made by words without signs ; we come now to speak of such as are compounded of both . now signs are joyned with words , for the greater either solemnity of the act , or dignity of the person . wherefore a fourth doubt is concerning a solemn oath , where the first case , or first question is , of the rites and ceremonies used in solemn oathes . of the rites of the gentiles many have written many things , which elsewhere to recite were not worth the while , much lesse to our present purpose . alexander neopolitanus taketh , notice of some of the chief of them ; those were esteemed most sacred , where touching the altars of the gods , they sware in conceived words ; and those next , in which they sware jovem lapidem . now they are said to sware in conceived words , who ●ither all repeat the formall words of an oath , or some one , the rest signifying their consent unto his words , by some word or sign . holy scripture maketh mention of two rites especially amongst the antient hebrews . whereof one was peculiar unto such oathes , as superiours by their authority required of their inferiours for the faithfull performance of their commands . the first example of this kinde is gen. . where abraham requiring an oath of fidelity from his servant concerning the choyce of a wife for his son , commandeth the servant to put his hand under his thigh . the like jacob upon his death bed commanded his son gen. . when he committed his buryall in the land of canaan unto josephs care . which rite whether observed in token of faith , whereby they believed in the blessed seed , which was to come from the thigh of abraham ; or in commemoration of the covenant which was made with abraham when he was circumcised ; or for any other cause , we finde not founded upon any expresse command of god , but to have been for ought we can gather of free institution . by which the perverse and superstitious severity of those men , who blame all rites in divine worship as execrable and abominable idols in the christian church , which for decency and order sake are instituted by humane authority , without the expresse precept of god , is the more to be admired . the other rite amongst the people of god was elevation of the right hand towards heaven , during the act of swearing ; and this was used in oathes voluntarily taken , and not by command of others . which rite whether through imitation of the hebrews , as in many other things ; or by a kinde of naturall direction , looking towards the god , whom they believed to dwell in the most high place ; the people of most nations have observed . and of this as of the former , we have the first example in the story of abraham , gen. . but no more founded for ought we know upon any speciall command of god then the other . neverthelesse the use thereof encreased so much upon posterity , that by a metonymie of the adjunct , we finde the phrase of lifting up the hand , frequently put for the act of swearing , yea and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which properly signifieth the right hand , is not seldome taken for an oath by the hebrews and arabians . whence some of the interpreters understand those words , psal. . . to be spoken of an oath ; whose mouth speaketh vanity , and their right hand is a right hand of iniquity , or rather of lying and falsehood ; for so properly the hebrew words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifie . yea even god himself , where he is represented swearing after the manner of men , useth that kinde of speech , i lift up my hand to heaven , and swear by my right hand , deut. . . to this rite are frequent allusions in the propheticall books of either testament . and here we have another occasion of wonder , that this ceremony should not only be tolerated in christian churches , but approved by those very men , who are so far from approving the use of other rites of the old testament ( though they be all alike lawfull or unlawfull amongst christians ) that they will not endure them , but cry out importunately to have them banished from all devout congregations . as concerning the rites of christians , that i may omit the rest of the various ceremonies used in the primitive church , and according to the differences of times and places variously observed : there is one which derived unto us from the primitive times is yet in use , viz. to swear in conceived words , laying the hands upon the holy gospels of god. and this kinde of oath , in which besides the pronunciation of the words , some visible externall gesture of the body is used ; as touching the altar , the thigh , the book , casting away the stone , lifting up the hand , and the like , is usually called a corporalloath . sect . xii . of these rites which are used in solemn oathes , the second case , or the second question is , whether , and how far they strengthen the obligation of an oath : that is , whether a solemn and corporall oath have any greater strength of obligation then a simple oath ; whence the violation of the one might contract heavyer guilt , then that of the other . in answer , i say first , that it is grant●d , by casuisis , not only of the romish party , but also of the reformed churches , that the solemnity of the act aggravateth the sin of an oath , as well as of a vow , seeing oathes and vows are in most things alike , especially in their obligatory vertue . to swear corporally is more then by writing or bare speech , saith one of them ; and another , by how much the solemnities are encreased , by so much greater is the perjurie . secondly i say , although we yeeld the perjury to be more grievous , yet a solemn oath of it self , and in its own nature , is not more obligatory then a simple one ; because the obligation of an oath , as it is an oath , ( for it obligeth also as it includeth a promise , but i say as it is an oath ) ariseth precisely from this , that god is invoked a witnesse , and revenger no lesse in a simple oath , then in the solemn , and corporall ; for the invocation is made precisely by the pronunciation of the words , which is the same both in the simple and solemn , and not by any corporall motion , or concomitant sign , in which the solemnity of the oath consisteth . wherefore , thirdly i say , that solemnity aggravateth the s●n of perjury is accidentall , but yet necessarily and inseparably , not contingently ; and that for two reasons . first , in respect of the greater deliberation . for to this end is the solemnity of external rites ordained , that it mightstrike the minde with the greater reverence of the act , and as it were sense of religion , to the end the agent might be bent upon the act with the greater attention and deliberation : and every sin caeteris paribus is the more grievous , by how much it is against the more deliberate and precedent act of the will. secondly , the perjury of a solemn oath is the more grievous , because it giveth the greater scandal . for with the more solemnity a thing is done , the more attentively it is observed by most ; and therefore if there be offence in it , the example will be the more notorious and pernicious . fourthly i say , seeing it is granted to be expedient in an oath , which is part of gods worship , that for the greater reverence of the act , a certain solemnity of rites and ceremonies should be used , as also a prescribed form of words ; it seemeth that no just reason can be given , why both the moderate use of solemnity , and a certain form of words should be banished from the other parts of publick worship . i confesse though i have thought upon the thing with my self , and enquired much of others , i could never yet finde out , why these should not be taken from oathes , as superstitious additions , or be retained in the rest of gods service , as profitable helps to piety . i leave it to him who can unriddle it : it is beyond my skill . sect . xiii . the fifth doubt remaineth , which is neither difficult , nor shall be tedious , and it is of an oath wherein some part of solemnity is omitted , in respect of the dignity of the person : as when an oath is given unto a prince , or some great officer , at his coronation , or time when he receiveth trust and honour , the ordinary rites ( as the touch and kisse of the book , &c. ) omitted ; the words unto which he is to swear being read unto him , he is only admonished upon the word of a prince , or upon his honour , &c. faithfully to observe the same . unto which admonition , if he moving his hand unto his brest , answereth only that he promiseth , the oath is accounted taken : in this case i say briefly , that the party sworn is no lefse obliged in conscience , to the faithfull performance of the things promised , then if he had pronounced with his own mouth every word , and syllable , and had exactly accomplished therest of the ceremonies , and solemnities . and thus much shall sufsice to be said of the externall form of an oath . perhaps ye expected , as i had determined , that those things which appertain unto the internall form of an oath , should have been comprehended also in this lecture . but that part containeth some doubts of great use , and moment , and worthy of larger room , espcially that part which explaineth in what sense an oath ought to be understood . wherefore lest i should injure you with too much prolixity , or the matter with two much brevity , i shall doe my endeavour that in the next lecture , together with the finall cause , ( which containeth not many doubts , nor much difficulty ) i may finish that which i have to say of the internall form . the sixth lecture . of the internall form and finall cause of an oath ; containing seventeen cases . summary . of the internall form or interpretation of an oath . where the parties are agreed upon the sense of an oath . , whether verball equivocation avail any thing . , — or mentall reservation ? that an oath is not to be eluded by a studyed subterfuge . in what sense voluntary oathes are to be understood . , — and in what , oathes that are required . how far the sense of an oath dependeth upon the scope of the same . an oath upon condition . of the first and second intentions of an oath . when a lawfull thing is sworn for an evill end . whether the party swearing not intending to swear be obliged ? an oath by the way of complement . when a man is doubtfull whether he have sworn or no. a man willing to swear , but intending not to oblige himself . sect . i. we proposed a twofold form of an oath , externall and internall : the externall following the signes and words , which are objects of our externall senses we finished in our last lecture . we come to the internall , which consisteth in the sense and interpretation of the words , and is the work of the minde . now in this place i take the sense of the words not in respect of the forms , by which we understand a thing to be sworn ; for of this we have formerly spoken in the tryalls of oathes , ( when we discoursed upon the outward form ) but in respect of the promise confirmed by an oath , and contained in the words . a matter truly of great moment , and manifold use , and in either relation , worthy of your most diligent attention ; for it is of much concernment , to know in what sense you swear , because he is forsworn , who performeth not what he promised , in the same sense wherein he promised , or ought to have promised it : and that not in oathes onely , but in vows , promises , leagues , contracts , and all other conventions , wherein it behoveth an honest man that his dealing be fair , and his performance exactly agreeable with the true sense of his undertakings . wherefore to the point . the words of an oath , are either clear , or ambiguous . sect . ii. the first doubt is of the obligation of an oath , the words whereof are plain , and have a manifest unquestionable sense : where four cases occur . the first is , where the words of an oath or promise , are so clear either first by their proper and ordinary signification : or secondly , by the manner of speech received , in any countrey : or thirdly , by mutuall consent of the parties , that their sense is fully agreed upon , by the persons interessed . for example of the first ; i caius promise unto thee titius , to give thee possession of my land in tus●ulan , if within a months time thou pay me an hundred crowns . example of the second ; john bargains with peter for the hundred marks which i owe you , i will deliver you to morrow an hundred of my wethers ; or , for the benefit of your land , i will pay you the yearly rent of three bushels of wheat . in the former of which examples , although an hundred be a word so ambiguous , that sometimes it signifies five score , sometimes six score , yet by the received use of it throughout england , the intention of the parties would be so manifest , that there could arise no controversie about the sense thereof because we all know that an hundred , when we speak of money signifieth five score , and when of cattel six . so a bushel in the latter example , is a measure , containing double the quantity in the northern parts of this kingdome , which it denoteth in the southern . so wheresoever the bargain be made , the use of the place will so explain the ambiguity , that plain dealing men could by no means disagree about the signification of the words . example of the third , titius desiring to buy one piece of the land of cai●s , bordering upon his own having formerly beaten the price , at their next meeting , asketh , will you sell me your land at the price you set upon it ? i will ; though no peculiar mention be made of that piece which bordereth upon titius ; yet it is evident by the foregoing discourse , that the same was peculiarly understood . and this kinde of oath , obligeth the party swearing to perform his promise fairly , and in that sense upon which without elusion it is manifest the contractors were agreed . and he who bargained to deliver an hundred wethers , hath not made good his agreement till he deliver six score . sect . iii. the second case is of an oath , where the words according to their common signification are clear enough , but the party swearing having no will to oblige himself in that sense intendeth another , whereof the words by reason of some ambiguity are not altogether incapable , and industriously concealeth his meaning in such sort , that the auditors understand one thing , and he another . this is that verball equivocation , which amongst some other casuists and scholasticks , the jesuites especially maintain and practise ; examples whereof are most frequently found in assertory oathes ; because by their doctrine , the chief use of this equivocation is , when a man examined by an impotent judge , or not legally , or having some other reason to dissemble the truth , fitteth the words u●to his occasion , by changing their genuine sense into one more strained and remote from the matter in question . as if a jesuite apprehended , should swear that he were a smith , meaning that his name was smith ; or an apprentice commanded to tell where his master is , should swear he dyed a moneth ago , meaning that he then dyed stockings . the like may happen in promissory oathes ; as if a generall having made a truce with an enemy for ten dayes , should give him a camifado , because in the capitulation mention was made of the dayes onely , not of the night . livy and others relate the story of the ten romanes , taken by haniball , and after they had sworn upon certain conditions to return unto his camp dismissed , one of which ( saith he , others say two ) most unlike a roman returned the same day , pretending something forgotten , but intending to absolve himself of his promise , and before night overtook his companions : which deceiptfull trick of his was accounted so base , that he was not only scorned by the vulgar , branded with ignominy by the censors , but adjudged by the senate to be taken , and by a publick guard delivered unto hannibal . neverthelesse jesuites so vigorously defend this equivocation , that jo. molanus professor at lovain , justifieth the murder of john huss perpetrated against the publick faith engaged unto him for his safe conduct , for this reason , that the conduct undertook for his safe coming , not for the safety of his return . and now let jesuites confidently complain of the great injuries done them , whilest we say they hold faith not to be kept with hereticks ; for if this be to keep faith , they need not much trouble themselves , with whomsoever it be contracted , whether it ought to be kept or broken . but whole bookes of this jesuitism are largely and solidly confuted by the reverend father in christ , john morton now bishop of duresm , henry mason , and other of our countrey-men , worthy the perusall of such as desire further satisfaction in this point . in the mean time our result is , that the party swearing after this manner , both sinneth in his equivocall oath , and is notwithstanding that tacite equivocation bound in conscience unto the performance of his promise in that sense , which the words yeeld of themselves , and are without constraint apt to beget upon the mindes of others : unlesse he act accordingly , he is not guiltlesse of perjury . sect . iv. some reasons of this assertion i have already alleadged in the confirmation of our first hypothesis , i shall now adde but briefly a few more . the first , an oath according unto the sum of that hypothesis , ought to be most simply , and effectually understood ; unto which simplicity this artifice of industrious ambiguity is repugnant . the second , it is a great profanation of the name of god , to invoke him as witnesse and searcher of hearts to attest the truth of words which agree not with the heart of the party swearing ; for what were this if not as far as lyeth in mans power to make god , who can neither deceive , nor be deceived , an impostor and patron of base dissimulation . the third equivocation is contrary to the very institution and nature of an oath , whose chief use is to be an end of strife and controversie , and to give as certain security in uncertain things , as humane nature is able to afford , it being expediendarum litium maximum remedium . but that certainty which we seek in an oath , is los● in equivocation ; for what certainty can there be in his answer , whose meaning is uncertainty ? nor are controversies thus ended but aggravated . the fourth , the party so swearing deludeth his neighbor , and knowingly deceiveth , contrary to the precept , ne juret in dolo , and to the ancient form , si sciens fallo . the fifth , promise in the promissory is as affirmation and negation are in the assertory , and containeth an answer unto the question , or intergatory propos●d by the deferent , which unlesse it quadrate and agree with the intergatory proposed , is no truth , but a lye . for out of the question and the answer springeth as it were one proposition , which must be utterly false , where the answer is made in a different sense , from that wherein the question was asked . no● doth that qualification to which the patrons of this simulation fly afford them refuge . to wit , that we may not use this equivocation at our pleasure , but onely before an incompetent judge , such as have no right to require an oath , or who compelleth us to swear without just cause , or exacteth that which is not due , or the like . but to omit that these are but their bare allegations only , not confirmed by authority of scripture , of the antient church , or indeed of good and solid reason , the force of these arguments by which we maintain the contrary , is neither overthrown , nor weakened by this qualification . and although it should be granted , that an unjust force might null that obligation , made to man , because it is not reasonable that an unjust act should acquire any right ; yet no injury done unto us by men , can give us just cause to injure god , by casting off that obligation which we made unto him the searcher of hearts , to whom such right by every oath occurreth through the invocation of his name . to conclude , this jesuiticall doctrine licenseth the lust of lying and perjury unto impious men , notwithstanding that qualification , which though it remain , yet the sole judgement , when it is , and when not expedient to use it , is left unto the party swearing . wherefore if a man against right and reason be constrained to swear , he ought either absolutely to refuse the oath or to take it in that sense wherein it is given without simulation or equivocation . sect . v. the third case allyed unto this is of mentall reservation , which the jesuites defend with the same reasons , and define with the same qualification , they doe verball equivocation : for as in that by wresting the words pronounced unto another sense , so in this by some addition not pronounced , but conceived in minde , the party swearing eludeth the intergatory . so they say a priest , if he be examined by an hereticall magistrate , whether he be a priest , may answer that he is no priest ; meaning of bacchus or apollo and an adulterous wife if she be questioned of adultery by her jealous husband , may swear unto him that she committed not adultery , meaning not to the end to tell him . the like they hold in promissory oathes , that a traveller to save his life may swear to give money unto a theef , though he never intend it ; provided that when he sware , i will give thee so much , he understood if i owe it thee , or if thou demand it before the magistrate . but as this mentall reservation is built upon the same sand with verball equivocation , so is it destroyed with the same dash ; for it rooteth all faith and assurance out of men , makes god an imposter , is deceitfull unto our neighbour , perverteth the use and end of oathes , setteth open a great gate to all kinde of lies and perjuries , and is so much worse then equivocation , as more difficult to be prevented . for equivocation foreseen or suspected may be prevented , by such diligent explication of the words , as may leave no loop-hole of ambiguity . but no humane art or providence , if men will be jugling , can prevent this pouch of this reservation . where will you finde a knot to tye this vertumnus unto one shape ? binde wicked proteus in chain a thousand fold , 't is all in vain . jesuites and priests reserving unto themselves the liberty to reserve any thing , are not afraid with a serious brow , to take our oath of allegiance , though penned with such accuratenesse of words , as leaveth no hold for cavill , nor way for escape ; yet that very clause where in expresse words they promise that they will faithfully observe all the premises according unto the tenor of the words pronounced by them , and according to the plain and naturall sense , and true intent of those words , without any equivocation or mentall reservation , they understand at the same time with this reservation ; to wit , that i will tell you . sect . vi. they lye neverthelesse at a ward to put by perjury ; for say they , of the verball and mentall sentence one entire sentence is compounded , in which taken altogether there is no falsehood . for example , if a priest swear in express words that he is no priest , with the addition reserved in his minde , but not uttered , that i should tell it you ; this whole sentence say they put together is true , viz. i am not a priest that i should tell it you . nor doth any reason seem to forbid a man the liberty , if he please , to compose his speech of verball and mentall terms . for why in our prayers , if one should pronounce those words only our daily bread , and expresse those other give us this day in his thought only , should the speech be intire and lawfull , and acceptable unto god ; and unlawfull to doe the like in an oath ? that this jesuiticall legerdemain may fully be discovered ; first , it is admirable that these most acute artificers should not perceive the fabrick of this defence not to be raised , but upon the utter ruines of faith in all humane judgements , contracts , and promises . for the argument they use , if it were of any weight , would as well justifie the practise of this equivocation before a lawfull judge , and in a just matter , ( which they say ought not to be ) as before an incompetent judge , and in an unjust matter ; seeing that a sentence composed of the verball and mentall parts , is in each of the same truth or falsehood . and this answer may suffice ad hominem : but ad rem , i say secondly , that a sentence composed , as hath been said , of the verball and mentall parts , may be admitted when a man converseth with his own thoughts , as in private meditation , or when he addresseth himself to god alone , as in prayer or thanksgiving . but when the hath to do with men , as in oathes , where he is to bear such testimony as may be heard , and understood by others , a sense mixed of verball and mentall parts , is in no wise to be admitted . the reason of this difference is manifest , because that which he beareth hidden in his brest , is no further known unto others then he declareth it by word of mouth . but to god before whom nothing is hidden , the darkest secrets of the heart are transparent . so that when men pray or meditate , it is all one , as to the point of truth or falsehood , whether they pronounce their whole thoughts , or part of them , or none at all . but men who cannot dive into the heart further then words and actions discover it , must weigh the truth or falsehood of a speech by those things only which may yeeld testimony unto the hearers . which since those reservations which are kept within cannot effect , the truth of a speech is to be judged only by the words pronounced , and not by mentall reservation : sect . vii . the fourth case followeth the fact ; for as before , and in the act of swearing , there ought to be a purpose of fulfilling the promise in the same sense wherein it was proposed , without any equivocation or mentall reservation : so ought there afterwards to be a desire and endeavour in due time faithfully to perform the same , according unto that sense wherein it was sworn , without any evasion or subterfuge ; and as it is one kinde of perjury to strain the words during the act of swearing , unto another sense , then that wherein they are understood by the auditors , so is it another kinde of perjury having sworn honestly , not to proceed sincerely , but decline , and elude the strength of the oath , ( though the words be preserved ) with some new forged invention , variously turning and dressing the words to cloke the guilt of their consciences , as tacitus saith of some . stobaeus telleth a prety tale from herodotus of one archetimus , who had deposited money in the hand of his friend cydias ; archetimus upon a time desirous to have the same restored , cydias loath to part with the gold , disclaimeth that he ever received it . the matter brought before the judges , the plaintiffe accuseth , the defendant denyeth , each with like confidence , neither by any witnesse . the judges other proofs being wanting decreed the determination of the controversie by oath ; the day is appointed , cydias in the mean time putteth the gold into an hollow staffe which he had cunningly boared , and withall counterfeiteth sicknesse ; then appearing at the time with his staffe as newly recovered , delivereth the same unto archetimus to hold , whilest he approached the altar , and till he had performed the solemnity of his oath ; this done with a most composed minde and countenance he sweareth that he had received gold from archetimus , but had restored it again unto him . at which architemus netled with his losse , and transported with indignation to see perfidiousnesse joyned with so much impudence , threw the staffe so hard against the pavement , that it brake , and discovered the money , the fraud of cydias , and the whole truth of the matter : which act the writer of the story cals an imbroydered ly ; and observeth , that cydias in reward of his perfidy came to a miserable end . many such examples are extant both in historians and common practise , out of which i shall collect some profitable observations . the first is , that even dishonest men are so far touched with some conscience , and obligation of an oath ; that though none at all or very small regard be had to justice and honesty ; yet through an instinct of nature , they think themselves bound to quit themselves of their faith engaged , by performance of the same . the second , that unl esse corrupt affections be vigorously withstood , that spark which is left in us of naturall light will goe near to be altogether extinguished by them , or so raked up in that heap , that we shall rather give our mindes artificially to palliate , then sincerely to avoid perjury . thirdly , that he who desireth to keep himself free from all spot of perjury , must diligently ponder every word in its own strength , and sense of the oath which he is to take , that if it ought not to be kept , it may not be taken , or if it be fit to be taken , it may be fulfilled without deceit or simulation ; for unadvisedly to chop up holy things is impious , and too late when they are once swallowed , to chew them . and so much for the first doubt , which amounteth unto this sum , that the words of an oath where they are so clear in themselves , that amongst honest men there can be no question of their meaning , the party swearing is obliged in that sense which they apparently afford , and may not either in swearing , or when he hath sworn , stretch those words upon the last of his interest , by any studyed interpretation . sect . viii . the second doubt is , where the sense of the words is in question , and the cases are three . the first of spontaneous oaths , as in promises proceeding from the meer motion of good will , and a kinde of liberty of the minde , rather then duty of right or respect . the common and true answer is , that these promises are to be taken according to the intention of the party swearing , because every man is the best interpreter of himself . for example , if any of us should binde our selves by a vow , or promise , to give unto the poor of a village , or collector for them ten shillings a month ; if the poor , seeing month as we use it is an ambiguous word , should by the promise pretend unto the first pension upon the . day of january , and so for the rest of the months upon the same day , taking a month for the space of four weeks , which is one signification of the word ; and he on the other side should say that it was not due till the last of january , and so forth , taking month for the twelfth part of a year , according to the distribution of the year in the calender , which is another signification of the word , it were most just that the ambiguity should be interpreted , rather in his sense then theirs ; because that pension was not due in justice , and before the promise , but in charity , and by vertue of the free promise , without agreement or contract . and of this kinde of oath ought these words to be understood which are cited in the glosse upon the canon law , it is manifest that god taketh not the oath as he unto whom it is sworn , but as he who sweareth understand●th the same . but that this may rightly be apprehended , two things are observable : one , that it holdeth especially in spontaneous oathes and promises , for in such as are required the reason differeth , as shall be said anon : the other , that the party swearing is in the present case obliged to hold unto his promise in that sense which he either really intended when he sware , or was willing the auditors should beleive . and not in any which he shall please afterwards to impose . for god who beholdeth the heart , is not deluded by words . nor ought the intention to serve the words , but the words the intention . sect . ix . the second case is of oathes and promises , which are offered unto , or required of the party swearing , whether of right , or under pretence of right ; such especially as rulers of authority command their subjects , or laws ordain , as with us those of supremacy and allegiance , those which the statutes of the university require of graduates , and the like ; also those which either party in lawfull covenants demandeth of the other or are used in bargains , leagues and other mutuall contracts , for the confirmation of mutuall faith . for answer in this case i say , that this kinde of oath ought regularly to be understood in that sense which the party unto whom the oath is made seemeth probably to intend ; so that the party swearing is bound under pain of perjury to fulfill his promise , ( if it be lawfull and honest ) according to the intention of the deferent . the words are understood according to the minde , and intention of him to whom the oath is made , saith the lawyer . the reason is , because this kinde of oath is taken to the end he to whom it is sworn , may by interposition of the same be assured , that the promise of the party swearing shall be performed unto him ; but he would be no wh●t the more assured of that performance , if the words were to be interpreted at the will of the party swearing , and not according to his own sense ; for there is a different nature of obligation , where debt is claimed by promise , and where promise is claimed by debt . god himself who is by law no mans debtor , maketh himselfe through his free promises our debtor ; and he who obligeth himself by a voluntary vow , oath , or promise unto any deed of charity , ipso facto contracteth debt . but because this debt is not founded upon his right unto whom the promise is made , but floweth meerly from the free act of the party promising , it is most just that he should be his own interpreter , who is most concerned to know how much , how far , and in what sense he intended to oblige himself . on the other side where the promise is founded upon some antecedent right , either that of subjection , and duty , by superior authority , or of justice , and contract by agreement , between parties ; because he to whom the promise is made hath right to enquire the same , and is most concerned that it be faithfully performed , reason requireth that the obligation of the promise should rather be judged according to his mind , and interpretation , then by the sense of the party promising . sect . x. the third case is , where the deferent offering an oath of ambiguous sense , desireth only that the words be sworn , leaving it unto the judgement of the party swearing , to take them in what sense he pleaseth . i say it may very well be suspected that some deceit is couched in them , and that a pious prudent man ought therefore to refuse an oath proffered upon such conditions : which i shall make good by a threefold proof . first , in regard of the oath it selt , in which the first thing required is truth ; for a speech of indefinite , and ambiguous sense , before it be distinguished , is no true proposition , indeed no proposition , seeing a proposition as by the definition thereof is known even to children , ought to signifie a truth or falsehood without ambiguity . secondly , in regard of him to whom it is sworn . for the proper end of an oath is , that he to whom it is made may have some assurance of that which before was uncertain . but what certainty can be had in words of an uncertain sense ? thirdly , in regard of the party swearing , who if he take the oath upon that condition , prepareth either scandall for his neighbour , or a snare for himself ; for this kinde of covin cannot be imagined to have other drift , then either that others might be drawn by our example , ( though against their conscience ) to take the same oath , which is to give scandall unto our neighbour ; or that something else by vertue of that oath might afterwards be required of us , which is either unlawfull , or inconvenient , and that were to set a snare for our selves . wherefore let a prudent man beware how he suffer himself thus to be imposed upon , or esteem the fear or favour of any at that rate , to swallow the bait , wherein he knoweth certainly , there is an hook . assuredly that the act of swearing may be duely performed , it is expedient the sense of the words be most clearly agreeed upon , by all the interessed parties , which the ancients call liquido jurare . — scis tamen & liquido juratus dicere posses . and it appeareth by an old form , the deferent when he offered an oath to the party about to swear was wont to say , qua de repeto liquido jures . sect . xi . but enough of these , i come to the third doubt , which is of the sense of an oath according to the latitude or extent of the same , that is , whether the sense of the words be , and how far it is to be measured by the scope . the first case is , where the cause of an oath was particular , yet the words are generall . for example , papall usurpation was the cause of the oath of royall supremacy , he arrogating unto himself the exercise of supreme jurisdiction in spiritualibus , throughout this kingdome . i answer , such an oath is obligatory , according to the expresse words in the utmost latitude : the reason is , that the intention of a law , though made upon particular occasion , is generall , to provide against all future inconveniencies of the like kinde , or nature . and therefore albeit in the preamble of a law , particular mention be often made of that grievance , which gave occasion to enact the same , yet those words wherein the law is contained , are for the most part generall ; which is done industriously , and on purpose by lawgivers , that other things of like nature may fall within their comprehension . wherefore as lawyers take their responsall upon the sense of the law , not from the preamble , but body of the statute ; so of the right interpretation of an oath , ought judgement to be made , not from the preface , but from the body of an oath . sect . xii . the second case is , how far an oath is to be understood with some conditions . i answer briefly , first , if the words contain an expresse condition the party swearing is not bound , till the condition be performed . as if caius promise titius an hundred crowns to morrow , if titius give him this day possession of such or such land ; the possession not given , caius is not bound by his promise . secondly , if there be no expresse condition , yet all those conditions and exceptions which are presumed by law and common custome are to be understood , as i will do this or that , if god permit , if it be not against the right of another , if things remain as now they stand , if i be able , if be it lawfull , &c. as was said more at large in the explanation of the second hypothesis . sect . xiii . the third case is of the first and second intention . for the seemeth to have fulfilled his oath , who doth according to that which he intended in the second intention , which is the end ; although he perform it not according to the sound of the words , which contain the first intention only , or means . for example , if a man engage himself by vow , oath , or promise , to allow ten shillings a month to the poor of such a parish , and in january and february give nothing , but in march send them thirty shillings . i answer , that if the party swearing intended to oblige himself unto the substance of the thing only , and not unto the circumstances and manner of it , he is not obliged unto that way which the words seem to insinuate . whence in the example propounded , if he had paid a whole three moneths pension in the first moneth , doubtlesse he had performed his promise ; yet it may be that by accident , and consequence he might become obliged , even unto the manner of the thing , because every man is obliged , caeteris paribus , and if there be no other impediment , in doubtfull matters to choose that which is safest : as in the example proposed , it were safer to pay the pension in the manner promised , that is , rather every month ten , then in the third thirty , both in respect of the danger of sudden death , and uncertain events , and to avoid those scruples which may arise even from neglected circumstances . i should therefore advise a pious man , that he be carefull to fulfill every of his vows , oaths , promises , according unto the tenor of the words , and of his intention , as far as conveniently he may , even to the slightest circumstance ; lest through contempt of small matters , he create scruples unto himself , or by degrees get such an habit , as may cause him to contemn greater . but however unto one thing i exhort all , and it is the sum and top-stone of this whole discourse , concerning the sense and interpretation of oathes , that above all they be watchfull , lest they be too indulgent unto themselves in this businesse , or whilest they pamper their own desires , weaken the bond of an oath with over milde , and loose interpretations , and so expose themselves unto the danger of perjury . and thus mu●h shall suffice to be spoken of the formall cause . sect . xiv . there remaineth a little to be said of the finall cause ; the first doubt is , when a thing lawfull in it self is promised with an ill intention , or to an ill end . first i say it is simply unlawfull to promise any thing , though lawful , with an evill intention , or to an evill end : the reason is , because as one defect in any humane action is enough to render the whole action evill , ( for good is the effect of an entire cause , evill of a partiall ) so especially a defect derogating from the end , which holdeth the principall place in morall things ; at which that speech of our saviour is thought to aim , but if thine eye be evill , thy whole body shall be full of darknesse . secondly i say , if any man shall have sworn any thing unto another for a dishonest end , yet without any dishonest conditions to be performed by the party , he is obliged to fulfill the promise . if a man promise a woman a jewell , intending with himself to engage her by that token unto immodest love , neverthelesse without shew of any unchast condition , he is bound by the promise . the reason of each is , because it is lawfull to give a jewell , but to give it upon lewd conditions , unlawfull . thirdly i say , that which is promised upon dishonest unlawfull conditions , the conditions performed ought to be fulfilled , at least if the thing be lawfull . if a man promise a sum of money unto another , for adultery , false witnesse , or any other wicked exploit , he is bound when the other hath performed the conditions , to stand to his promise and pay the money . so judah rightly understood himself obliged to send the kid unto thamar his daughter in law , as the promised price of her whoredome . the reason is , that although the bargain were , yet the thing promised in that bargain is not unlawfull . wherefore it ought not to have been done , but being done it is valid . and by what hath been said it is sufficiently clear , that an unlawfull oath of a lawfull thing may be obligatory . sect . xv. the second doubt reflecteth upon the intention of the party swearing . that intention i mean , not which aimeth objectively at the matter of the oath , or thing promised , whereby we enquire what the party swearing intended by this promise , in what sense , and how he obliged himself : for of such intention we have already spoken , when we discoursed upon the sense and interpretation of an oath : but that intention is here understood , which aimeth objectively at the act of swearing ; whereby we enquire whether he intended to swear , or to oblige himself , or not . upon which scholastique dispute , very much , but more subtilly then profitably , i shall contract as much of them as is usefull into a narrow room . the first case is , when a man through evill custome heedlesly aboundeth with unnecessary oathes ; i say first , that this kinde of swearing is most certainly a very grievous sin ; not only originally and in respect of the cause ; because it floweth from a depraved habit ; but also formally , and in respect of the act , for asmuch as an act in it self sacred , is rashly exercised , not in judgement , and without reverence . secondly i say , that such oathes , if the act of swearing through the impetuosity of the minde were altogether inconsiderate , are not obligatory . but if any deliberation of minde were present , though small , they are in part obligatory . the reason of either member of this assertion is , because deliberation of minde is required to make any humane act binding , and the measure of the obligation ariseth from the measure of the deliberation . sect . xvi . the second case is , when in honour , or complement ( for so cafuists speak ) a man giddily sweareth in a matter of small moment . for example , if one contending with another , and p●essing him by way of respect unto precedence should swear ( as it often happeneth ) not to stir out of the dore , sit at the table , or touch the cup , till the other were first out , or fet , or had begun . nay since commonly the persons so striving both swear the same thing , if such oathes were obligatory , one of them must needs be foresworne , because of necessity one must doe that , which each sware he would not doe . first i say as before , that an oath of this kinde is rash , and not without sin , because without judgement . secondly , that it is neverthelesse in it self obligatory , except the act were altogether void of deliberation . but thirdly , that such obligation may either be stopped or taken away in such manner , as who doth otherwise then he hath sworn , may avoid perjury . that is to say , the obligation may be stopped , if it be understood with a tacite condition , or exception ; in this sense , if it please you , or if the thing be left unto me , i will not stir till you goe first . it may also be taken away , because seeing it proceeded from consideration of the place due unto the other , that other receding from his right , the obligation ceaseth , as ( god willing ) when i come to the solution of the bond shall more plainly appeat . sect . xvii . the third case is , whether a man doubtfull whether he have sworn , or no , be bound by by his oath ? some think he is not bound : from the rule of the law ; in doubtfull cases possession is the better title . but seeing this rule is of force in things appertaining only unto commutative justice ; as if the heir of caius should doubt whether the goods of the deceased bequeathed unto him by will were lawfully gotten ; some , and more truly perhaps , think he is bound , unlesse he can clear his doubt . the reason is , because of doubtfull things the safer is to be chosen : and certainly it is more safe to think himself obliged , then not obliged ; because by that error he exposeth himself at the most , but to temporall inconvenience , by this unto the danger of perjury . sect . xviii . the fourth case , whether man willing to swear , yet intending not to oblige himself , be neverthelesse obliged ? most of the scholasticks and casuists , they especially who were before cajetan , deny him to be obliged ; and ovids cydippe defendeth herself from perjury at this ward , it is the minde with which we sweare , and i had no such meaning there . but the opinion of cajetan , and his followers is sounder , who hold the party deliberately swearing to be bound , whether he intend to oblige himself or not . for the act of swearing is both in it self obligatory , and proceeded from a deliberate minde . therefore obligation , unlesse it be otherwise impeded , must necessarily follow . wherefore seeing that obligation floweth necessarily and naturally from an oath , it is not in the power of man to hinder or remove it ; for the nature of things stated , no man can hinder their necessary effects . were it not ridiculous , if he who hath signed , and sealed a bond , shal plead that he had no intention thereby to oblige himself ? nay , would he not be obliged notwithstanding that plea ? he therefore who taketh an oath , is as much obliged by the act of swearing , whatsoever he intended , or professe he intended . for he who intended the cause , is presumed also to intend the necessary effect of that cause . and thus , the goodnesse of god directing , and your patience accompanying me , at length i have finished this difficult and scattering dispute concerning the bond of an oath : the other part of this treatise , which concerneth the solution of the bond , i shall shortly ( by gods help ) deliver in one lecture . the seventh lecture . of the solution of the bond of an oath ; and of the use and abuse of oathes ; containing five cases , and so many conclusions . summary . what truth is required in a promissory oath . what the solution of the bond is . whether an oath may be dispensed withall ? the popes power of dispensing with oathes examined . whether an oath may be commuted . the superior may invalidate the oath of his subject . the matter of an oath ceasing , the obligation ceaseth . an oath may be released by him unto whom it is made . it is not unlawfull to swear . the custome of swearing in ordinary ●discourse evill . a man ought not to swear without necessity . cautions in oathes required by others . an oath is not to be taken with an unsati●fied conscience . sect . i. the solution of the bond or tye wherewith he who sweareth bindeth his soul , and whereof we have hitherto so largely discoursed , is the task of this day , and conclusion of the work proposed . of which solution before we descend unto the particular kindes , two things are to be observed in generall . first , that solution of the bond is proper unto a promissory oath , and hath nothing to doe at all with the assertory . in every oath whether assertory , or promissory , there ought to be truth ; but with this difference , in the assertory , a single truth , and for the present sufficeth , where in the promissory a double truth is required , one respecting the present , the other the future . the present truth regardeth the act of swearing , and consisteth in this , that the party swearing say true when he sweareth ; that is , that his minde agree with his words , and that he be resolved to hold unto that which he promiseth . which act of swearing in the promissory wholly agreeth as to the truth and falsehood with the act of swearing in the assertory . for the matter of that truth in either act , seeing it regardeth the time present , passeth as it were into a kinde of immutable necessity , in as much as an oath , so soon as it is made , may instantly be said to have been true or false ; which truth or falsehood , when the act hath once passed , is as impossible to be altered , as it were to make a fact to have been no fact . that obligation therefore whereby the party swearing is bound for the present to say truth , falleth upon the act it self of swearing ; and is inseparably conjoyned with that act , and for that reason cannot be loosed , nor separated from the oath : and of an assertory oath , except this for the present , there is no further obligation , because the matter thereof is some fact past or present . but in a promissory oath , the matter whereof is a thing to be performed for the future , another truth is also required for the future , which regardeth the matter of the oath ; and consisteth in this , that the party swearing make that which he hath promised to be true ; that is , that he fulfill his promise . now seeing the matter of a promissory oath , to wit , things to be performed for the future , are through the uncertainty of future events , obnoxious to manyfold changes and alterations : hence it cometh to passe , that the obligation which falleth upon that matter , and whereby the party swearing is bound in future to fulfill his promise , is mutable , and separable from the oath . and this is that , which we call solution of the bond. from whence also followeth that which is to be observed in the second place ; to wit , that the solution of the bond in a promissory oath , ought not to be understood in relation unto the former obligation , which ariseth from truth for the present , and is common with this , and the assertory oath ; but ought to be understood only in relation unto the later obligation , which ariseth from truth for the future ; which is proper and peculiar unto this . that is to say , every person swearing promissorily , ipso facto , and by vertue of the act of swearing is simply , and indissolubly obliged in present , to intend faithfully and from his heart to effect that afterwards which he promiseth ; but having sworn , it may come many wayes to passe , that he may not be bound for the future , to fulfill that afterwards which he formerly promised and intended . in a word thus , he is alwayes forsworn , who intendeth not that which he promiseth ; but he is not alwayes forsworne , who performeth not that which he promised . sect . ii. now that a thing promised may neverthelesse lawfully , and without danger of perjury or other sin , not be performed , must necessarily happen one of these two wayes , either that there was no obligation from the beginning , or that it was ( by solution of the bond ) since taken away . if the thing promised were , when it was sworn , either impossible , or unlawfull , the oath taken unto the same imposeth no obligation , nor needeth solution , but penitence ; for as much as in so swearing grievous sin is contracted , but no bond ; for we have already shewn , that impossible things , and unlawfull things are in no wise obligatory . wherefore solution of the bond supposeth antecedent obligation , and implyeth that the same may be afterwards so taken away , or at the least obstructed , that he who was formerly bound up so close with the bond of his oath , that he might not under pain of perjury doe otherwise then he had promised , is now no farther bound unto the performance of his promise . the businesse therefore now in hand is to find out a certain reason , whereupon he who hath obliged himself by the bond of an oath unto the performance of a thing , may rest secure in his conscience that he is delivered from that bond ; and no farther bound unto the performance of that promise . to which solution those five wayes commonly assigned , we shall examine in their order . sect . iii. the first case is of the dispensability of an oath ; whether and in what the dispensation of a superiour , may take away the obligation thereof . dispensation , as the word is commonly taken , signifieth exemption of a person from the ordinary course of law granted , by speciall favour of him who is in authority . as if a man who is subject to any law , should by especiall grace of his prince be exempted from obedience unto that law , as we see daily practised in universities , where upon reasonable grounds dispensations are usually granted unto particular persons , whereby they are in some things freed from the observation of the statutes . now the right of dispensation is founded upon that equity , which requireth that sometimes the rigour of law be in some things remitted , to the end that equity may not be excluded . for seeing laws were of necessity made in generall tearms , and have regard unto that which is commonly and for the most part good and profitable for the publick , which neverthelesse pro hic & nunc , may happen to be unprofitable , or at the least lesse convenient ; it therefore seemed good , where that which is established by law appeareth to be exceeding burthensome , or inconvenient to some private person , and the publick to receive no great detriment by the omission thereof , that the prince , or other legitimate superiour , should have power to determine , that the law in such cases is not to be observed . and this is that which in law we call dispensation . now what power is in secular princes to dispense with their laws , the same doe the popes of rome arrogate to themselves in dispensing with vows and oathes . whose impudence in this kinde , whilest they absolve subjects of their allegiance to kings , null leagues and contracts made by princes , untye the straightest knots of vows and oathes by commutation , relaxation , dispensation , contrary command , or other artifices at their pleasure , and for their profit , i could wish some who most justly condemn , did not most wickedly imitate . but though others de facto exercise this power of dispensing with oathes , yet the pope only challengeth it unto himself de jure . many even before luther have grievously complained of this thing , and sharpely inveighed against the abuse of papall dispensations ; unto whose writings i referre the studious , and betake my self by some arguments to prove the bond of an oath simply indispensable , so that no power at all of dispensing with it , is either in pope or any other . first , because the obligation of an oath is of divine naturall law. but naturall law is not subject to humane power , seeing god alone is the author and lord of nature : nor could it ever yet be shewn , that god hath granted unto any kinde or order of men , authority to dispense with the law of nature . secondly , because this power of dispensation being granted , the chief end of an oath , which is security ( as i may call it ) for the thing promised , would utterly be overthrown : for he unto whom the oath is made can have no assurance , if the promise of the party swearing may be dispensed with , that it should ever be fulfilled . thirdly , because an oath in that very act and instant , whereby it imposeth the obligation of swearing , and the promise of performance , acquireth right of the thing promised unto the party to whom the oath is made ; which two effects of an oath are so combined , that the one granted or denyed , the other also at the same time must necessarily be granted or denyed . wherefore suppose the obligation of the party swearing taken away by dispensation , and it followeth that the right of him to whom the oath was made , is also taken away by the same ; and farther , that such dispensation must be either needlesse , or unreasonable : needlesse and superfluous , if it be done with his consent , to whom the oath was made ; if against it , unreasonable and unjust . for he being willing , the obligation ( as i shall shew ) may be remitted , even without dispensation ; but to take away his right against his will , is injury . fourthly , because in a promissory oath , obligation is not only made unto our neighbour , as it is promissory , but to god also as it is an oath . wherefore granting , which is not to be granted , that superiours have power to take away the obligation , whereby in regard of promise man is obliged to man ; yet would it be unsupportable presumption , that dust and ashes should arrogate unto it self authority to take away the obligation , whereby man is obliged unto god as witnesse and revenger . fifthly , because humane dispensation is a matter of externall judicature . but the obligation of an oath , is in the conscience within , which is subject unto no judge but god ; and belongeth not unto the empire of man. wherefore he who claimeth the right of dispensing with oathes , be he what he will , assumeth unto himself divine power , seateth himself upon the bench of internall judicature , and exerciseth dominion over the conscience . and such dispensation is de jure null , and invalid ; even as that sentence is invalid unto all intents and purposes of the law , which is given by a judge in a court where he hath nothing to doe , because there he is no judge . sect . iv. here the patrons of dispensation are wonderfully perplexed , how to ward the blow of the first argument , which is all they use to object unto themselves . it costs them much sweat to rowl this stone , ( for they see it is the part of the popes authority , which lest his kitching languish , must in any case be maintained ) and they may put the gain in their eye ; seeing they cannot finde wherewithall to make a solid defence , nor could ever yet agree amongst themselves , by what right the pope arrogateth unto himselfe this power of dispensation . which one thing were enough to argue them conscious of their weak pretences . for as in waging war , so in exercising power , the cause which is not stedily asserted , may well be presumed unjust . some deduce this power of dispensing with vows , and oathes , from the absolute and oecumenicall authority , whereby the pope is lord of the earth , and emperour of the whole world. for seeing every person vowing or swearing is the popes subject , this condition say they is understood in every vow or oath , to wit , if it please our lord the pope . whereupon it followeth , that when the pope signifieth , which he doth by way of dispensation , that he is not pleased the thing sworn should be ratified , the obligation presently ceaseth . which opinion granted , the pope at his pleasure may rescinde any oath , either with just cause or without it . wherefore this rejected as too grosse , others , and among them some modern jesuites deny , that the pope can dispense with oathes , or dissolve royall contracts , or that he ever did it properly ; that is , by taking away the obligation , or the obligation remaining by exempting any private person from the same : but they say that he dispenseth only improperly ; that is , by declaring the oath in that case not obligatory , by reason of the hinderance of some good , or consequence of some ill , if the oath should be kept . but on the contrary , besides the evidence of his practice , which sheweth that the pope exerciseth in this matter more then declaratory power , or ( which cometh to as much ) under pretence of declaratory power , can determine of leagues , vows , oathes , contracts between kings , or any other at his discretion , being in this case supreme and sole judge , whose sentence must be obeyed , without appeal . it is worthy consideration , first , that either the cause is manifestly just , why a thing promised by oath ought not to be performed , as if it be impossible , dishonest , or any way unlawfull ; and then the party swearing may of his own authority , nay ought withoutwaiting for dispensation from the pope or any other , to retract the thing sworn : for where there is no obligation , the conscience is free , and needeth no dispensation . or secondly , that no just cause appeareth why the oath should not be kept : and then it must be kept ; and he who either asketh , or granteth dispensation , sinneth ; because the obligation which neither can nor may be removed by humane power , remaineth . or lastly , that the thing is doubtfull , and appeareth not by reason of difficulties on both sides , whether the party swearing be bound to the performance of his promise : and then it will be profitable to consult with pious , and prudent men , skilfull in divine law , and to resolve with their advice what is most expedient . in which matter seeing knowledge is more requisite then power , i understand not why the pope should be fitter then another man , unlesse it were certain the pope excelled other men in prudence , and piety ; for that which is not credible , certainly is not necessary . thirdly , others not satisfied with this declaratory dispensation , as detracting too much from the popes authority , have beaten out an answer of wonderfull subtilty , that the obligation of an oath , which is of divine naturall law , may really be taken away by dispensation of the superiour : but that it must not therefore be said , that the superior dispenseth with divine and natural law ; because say they , that divine law of nature is , that an oath so long as the strength and obligation thereof remaineth , should be kept ; and with this law the superiour dispenseth not , but by his dispensation taketh away that strength of the oath , whereby it obliged the party swearing before the dispensation . but this subtilty opened unto the quick would be found a meer trifle which availeth nothing , or implyes a contradiction ; and is refuted by the jesuite achorius , though sayrus the monk be about his ears for it . so whilest these cadmean brethren dispatch each other by mutuall blowes , nor can finde any reason whereby to arm themselves in proof ; they really confesse that the cause which they have undertaken , cannot be defended . wherefore i conclude that neither pope , nor prince , nor synod , nor senate , nor ecclesiasticall nor secular superiour , hath any right to dispense with leagues , contracts , oathes , or to absolve any man from that bond wherein before the dispensation granted he was engaged . sect . v. with this first of dispensation , the next question , or the second case of commutation of an oath is allyed . now commutation ( as the word expresseth ) is nothing else but translation of the obligation from one matter to another , which whether greater , lesse , or equivalent , seemeth in some respect to be more convenient . and commutation differeth from dispensation , as a species from the genus , or part from the whole . for if a bond could be loosed either by the one or other , it would be wholly unbound by dispensation , by commutation in part onely . the doctrine of cafuists concerning commutation , amounteth to this sum : first , that a private man of his own authority , without his superiours dispensation , may commute a vow , or oath , into that which is evidently better ; which they confirm by gods example , who doth not always fulfill his temporall promises to the letter , but often changeth them for the better ; and for confirmation of this opinion , they bring the speech of gregory , he infringeth not his promise or purpose , who changeth it for the better . secondly , that promise cannot be commuted to that which is evidently worse , or whereof question may be made , whether it be better , without authority of a superiour qualified with legitimate power of judging and determining in that point . thirdly , that by commutation preexistent obligation is wholly taken off from the former matter , and new obligation brought in and laid upon a different matter . but this whole doctrine is built upon a false foundation , to wit , dispensability of an oath ; which being ( as we have proved ) null , this superstructure of commutation must necessarily fall to ruine . wherefore briefly i say , that the bond of an oath cannot be remitted or losed , either in whole by dispensation , or in part by commutation , without consent of all the parties ; but the consent of him unto whom the oath is made , is more especially required , because such right is acquired unto him , as without his own consent ought not to be taken away . for the example of god it suiteth not , because his promises as they are all of free bounty , so the temporall ones are also conditionall , and to be understood with exception of the crosse , of the good pleasure of god , and of that which he knoweth to be most profitable for us . neither is the case of a vow , and of an oath altogether alike in respect of commutation ; for in a vow seeing it is made to god alone , some liberty may perhaps be granted unto the person vowing of changing the same into another which may be evidently better , and more acceptable unto god , there being nothing in this alteration injurious unto a third person : but in an oath which is made unto man , injury might be done him , if it should without his consent , and against his will be commuted into any other thing . as if caius sworn to pay ten pound unto titius , should give him an horse worth ten pounds , it would not satisfie his oath , for it is not reasonable that a man should be forced to commute a thing due unto him . wherefore the bond of an oath cannot be loosed , nor the obligation taken away by either of these inventions . sect . vi. but it seemeth it may by the three wayes remaining ; to wit , irritation of the superiour , cessation of the matter , and relaxation of the party . wherefore the third case is , of solution of the bond by irritation declared by the superiour . now irritation , ( for so with the casuists , we must speak , though barbarously ) signifieth an act of the legitimate superiour , whereby of his authority he rendereth an oath made by his subject without his consent null and void . for that legitimate superiours may rescinde vows , and oathes , of such as are not free , but under their authority , moses teacheth ( as when we were upon the efficient cause we observed ) largely throughout this chapter . the reason is , that he who is in the power of another , is not in his own , nor can oblige himself in things wherein he is subject , without leave from his superiour ; and therefore he ought not by any act of his to bring obligation upon himself without the others consent , either expressed , or upon reasonable grounds presumed . for the rights of rulers over their subjects are by the immoveable and eternall law of god perpetuall . moreover the duty of subjects together with the right of obedience and subjection , are by the same perpetuall law , perpetually and indispensably obligatory . which antecedent obligation ( by our third hypothesis ) obstructeth the effect of a subsequent oath , in such manner as it cannot be binding : for the former obligation ever prejudgeth the latter , and rendreth every act introductive of new , and contrary obligation , invalid . wherefore in this case i say first , that a subject ought not by oath to promise any of those things wherein he is subject unto another , without the consent of his superiour at the least presumed . secondly , that if he have sworn , and the thing be lawfull , he is so long obliged unto performance , as it appeareth not to be against the will , dignity and profit of his superiour . thirdly , that the superiour if he have by expresse consent , whether before or after , once ratified the promise of his subject , cannot make the same afterwards void , or null the obligation thereof . fourthly , if the superiour so soon as he cometh to know of the matter , openly and peremptorily , declaring his dissent , forbid the performance of the same , that the transitory obligation presently ceaseth , and the subject by vertue of his former obligation of duty , which is permanent , and perpetuall , is bound notwithstanding his oath to obey his superiour . whence if any man subject unto the power of another , whether master , father , or prince , voluntarily compelled by force or fear , or misled through fraud , or example of others , happen to make any oath , whereunto he believeth his master , father , or prince , had he bi● present , would not have condescended ; the same hath sinned against his duty in swearing , and is bound in no wise to fulfill that oath . resolved therefore upon this question , that irritation of a legitimate superiour may cancell the bond of an oath . sect . vii . the fourth case is of the solution of the bond , by cessation of the matter , or some considerable alteration happening unto the principall cause of an oath : and it is then to be supposed that the matter ceaseth , when between the time of the oath sworn , and that wherein it is to be performed , the state of things is so changed , that if the party could have foreseen what would have followed , he would by no means have sworn . i answer briefly , that the matter of the vow , oath , or promise ceasing , the obligation thereof must also cease : as in naturall and artificiall things , where matter is defective , the action of the agent must be likewise of necessity deficient . for neither can fire burn except it have combustible matter , nor a carpenter make a fourm without wood . wherefore if a souldier swear obedience unto his general , the war ended , and the generall reformed , he is not bound by his oath to yeeld him obedience . and if a father swear never to alter the will whereby he made his son his heir , yet finding his heir afterwards practising upon his life by poyson , the father is no farther bound by his oath , but notwithstanding the same may alter his will , and adopt another heir . the same may be said where a man having heard the statutes of any college or society read unto him , sweareth to observe them ; if these statutes happen afterward to be revoked or abrogated , the party swearing is absolved from the bond of his oath . the reason is , that the root of obligation being pulled up , the branch must needs wither . now the matter which gave occasion unto the oath , was the root of that obligation which sprang from the oath . for an oath followeth the nature and condition of the act wherewith it is joyned , that is the matter which it containeth ; as an accessory followeth the nature of its principal : and accessories , say the lawyers , are extinct , if you destroy the principals . sect . viii . the last case is of solution of the bond by relaxation of a party ; to wit , of him to whom the oath was made : as if caius should promise any thing to titius , whether titius remitting the obligation , caius be obsolved of his promise ? where the first thing to be observed is , that this kinde of speech to remit an oath , and the other which resembleth it , to favour a man of his oath , are not alwayes taken by good authors in the same sense . for sometimes they are used in relation to an oath to be made , and so he is said to remit an oath unto another , or to favour him of his oath , who the other being prepared to swear , contented with his good will , waveth his oath , and crediteth him without it ; or for any other reason requireth not an oath from a person of whom he hath right to require it . but for the most part they are taken with relation unto an oath made , and so he is said to remit or favour a person of his oath , who pardoneth the performance of that which the person had promised , nor though he have right to doe it , requireth the thing due by vertue of that oath . so sue●onius saith , that tiberius ●●voured a roman knight of his oath , suffering him to put away his wif● taken in adultery with his son in law , though he had sworn never to repudiate her . and the emperours antoninus , and verus , signified to one who had sworn never to be of the order , and yet was created duumvir , that they f●●oured him of his oath . and this is that remission or favouring of an oath which casuists call relaxation . whereof i say first , that this relaxation taketh place in oathes , leagues , bargains , and other humane contracts , not so in vows . the reason of this difference is , becaus● vows are made unto god as a party , but man hath power to remit those only which are made to man. secondly , i say , if an oath be sworn in favour of another , that is in order unto his honour , power , profit , or other convenience , that it is not binding , ex●●pt he in whose favour it is made , accept , and ratifie the same . as in our law , a bond obligeth not caius to pay an hundred pounds unto titius , though ●●gned with the hand of caius , and sealed with his seal ; except caius deliver it unto titius , and titius , or some other accept of it , in his name , and to his use . thirdly i say , an oath so made , if the person unto whom it is sworn confirm the same , and expect the performance , cannot be relaxed by any third person . the reason is , because no man can take away right acquired unto another , without consent of the party . whence it followeth , that the obligation ( as we have formerly said ) of an oath cannot be taken away by dispensation , except the party be willing . fourthly i say , if he to whom the oath is sworn remit it , and would not have it be kept , that the party swearing is forthwith absolved , and no more obliged in conscience to perform the thing which he had promised . wherefore caius being sworn to pay titius an hundred pound , if titius afterwards remit the debt , he is no farther bound by his oath . the reason is , because any man may recede from his own right , and pardon a debt due unto himself , and the debt being absolved , it must needs follow , that the obligation cease , seeing solution of the debt is the period of obligation , as appeared by the definition of the same , and amongst us by the form of a bond , the conditions whereof performed , the bond becometh void , and of none effect . if you object that the debt is not absolved , because the promise is not performed . i answer , it is the same to all intents and purposes of the law , whether it be really fulfilled or acknowledged by the party whom it concerneth as fulfilled . the reason is , because the acceptation of the person interessed , is interpretatively payment : and so , the matter as it were ceasing , the obligation ceaseth , much after the manner whereof we have spoken in the foregoing case . and this is that which lawyers call acceptilation , by which ( though a civill solution , and not real ) they affirm obligation to be no lesse taken away then by the reall . if again you object , that although the obligation made to man might be taken away , by relaxation , yet it seemeth the obligation to god should remain , as was answered in case of an oath extorted by fear . i answer that the bond relaxed , after the manner expressed , doth no injury unto god in the violation of an extorted oath , because a promise made in favour of another , is only directed unto god as witnesse of the promise made unto man , and revenger of the violation of that faith which is engaged unto the other ; which faith seeing he violateth not , but fulfilleth his promise , he is wholly absolved from all obligation , both towards god and man. fifthly i say , that solution of the bond by relaxation of the party , extendeth so far as pleaseth the party relaxing . as if caius have sworn to pay titius an hundred pounds , and titius have afterwards remitted fifty pounds , the obligation is not wholly absolved , but in part . that is , the bond as to the fifty pound remitted is void , but it remaineth good as to the fifty pound not remitted . again , if caius have sworn to pay titius an hundred pounds within dayes , and titius perceiving that caius cannot without inconvenience unto himself pay the mony at the time appointed , give him other twenty days : this relaxation made by dilation , or propagation of the time , remitteth so much of the obligation , that he is not bound to pay the money within the time limited , by his oath ; yet he is bound , and that by vertue of his first oath , to make payment within forty dayes . sixtly i say , that relaxation by a party is of force , so far as that party is concerned , but is not of force to the prejudice of a third person . the reason is , because any man may by act remit , as much of his own right as he pleaseth , but no man can diminish the right of another , without his knowledge and against his will. let men therefore so recede from their own , that the rights of others receive no detriment . thus abraham , gen. . receded from his right , when after the victory won upon the four kings , he bestowed his whole share of the spoyl upon the king of sodome , reserving unto the three commanders , his fellows in arms , their due proportions . whence caius sworn to pay an hundred pound unto titius and julius , if titius pardon him his part of the debt , he is absolved as to that which was due unto titius ; but remaineth bound as to that which is due unto julius . upon the same ground relaxation by consent of the parties availeth nothing in contracts of marriage ; because therein mans profit is not regarded only , but the ordinance of god also , to whom great injury would be done , if that contract though with mutuall consent of the party should be violated . for the vertue , and and efficacy , which this relaxation , whereof we now speak , hath to null obligation , supposeth that act which introduced obligation , to have considered nothing else but the good , and profit only of the party relaxing . if any other party be by right of his own interessed , that the obligation should not be remitted , the obligation is not remitted . sect . ix . now the sum of what hath been said concerning solution of the bond in an oath is briefly this , that the bond of an oath cannot be released by dispensation of any superiour , or commutation , so as to free the conscience of the party swearing from performance of the promise : but may neverthelesse be rescinded and made void by a superiour having lawfull authority , cease through defect of the matter ; or be relaxed by him unto whom the promise was made , so as to lose all strength of obligation . the promise which i made at my entrance upon the office of publique professor , being now ( by gods assistance ) performed , according to my talent , with as much brevity , p●rspicuity and fidelity , as i have been able ; i thought fit to adde some few admonitions concerning the use and abuse of oathes , as corollaries , whereby our lives , and consciences may be profitably directed , not by way of exhortation , as they use in sermons , but remembring i teach in the school , and not in the church , by way of thesis , or practicall conclusions , briefly proposed , and clearly explained . sect . x. the first conclusion is against anabaptists and socinians , that the use of oathes is lawfull . i prove it first by the practise in the old testament . the godly patriarchs sware ; controversies were determined by oath according to the institution of moses in the law ; the prophets prescribed the condition of oathes to be observed . nor can any just reason be rendered , why this should be lawfull for the pious under the old , and not for the faithfull under the new testament ; seeing it is apparent from the end of an oath , whose use is perpetuall , that it appertaineth not unto the ceremoniall law abrogated by christ ; and from the form which seemeth to have nothing common with the type . i prove it , secondly , by the example of god , of angels , of apostles : those being often introduced in holy scripture , swearing after the manner of men , these historically . thirdly , by the custome of all nations , who directed by the light of nature , have judged the bond of an oath for the convenience of civill society , the surest confirmation of faith , then which there can be no clearer discovery of the law of nature . fourthly , from the end of an oath , which is the confinmation of truth in doubtfull matters , where all other proofs are defi●int ; which end seeing it is necessary for the composing and determination of controversies , it must needs be that the necessary means unto the end , should be at the least lawfull . fifthly , from the nature of an oath containing nothing in it self which is intrinsecally evill ; for neither is a religious act evill , nor the confirmation of a doubtful thing evill , nor invocation of divine testimony evill ; of which members the essentiall definition of an oath consisteth . sect . xi . the second conclusion , the use of oathes in common discourse is unlawfull . the first proof is from the nature of an oath , because every religious act being a part of divine wotship ought to be performed with due reverence , and with some both preparation and attention ; all which must needs be far off , when oathes are rashly scattered without judgement , or heedlesly without consideration . the second from the end , which is the confirmation of a doubtfull businesse , seeing our ordinary discourse is for the most part upon frivolous matters , which either are not doubtfull , or not of moment to require religious confirmation ; or if they were , would be little more credited for his oath , who maketh swearing his common custome ; for such will be assoon believed , if that which they say seem true , without an oath , or if otherwise , no whit the sooner for swearing . the third from the cause whence such kinde of oathes are derived ; which is either a vitious habit contracted by long and pernicious custome ; which habit is the fruit , and mark of a profane , if not atheisticall heart ; or some exorbitant perturbation of the mind● , as excessive anger , intemperate joy , with which whilest the minde boyles , the mouth foameth to the dishonour of god ; and at which those words of james seem peculiarly to aim ; chap. . vers . ● . but above all things , my brethren , swear not , neither by heaven , neither by the earth . in the foregoing ver●es , he exhorteth the faithfull to suffer injuries with patience , and in the following v●r●e teacheth the christian how to entertain himself whether he be sad or cheerfull : a place worthy to be the exercise of learned men , and something more diligently considered , then as yet it hath been by interpreters . perhaps this cursory paraphrase upon the words such as it is may contribute something towards that end ; as it seemeth unto me they expresse thus much . set the examples of antient prophets and holy men before your eyes . if ye suffer adversity , imitate their patience . if in all things you cannot attain to that perfection , yet thus far at least , except ye be extreme negligent , you may goe with ease , above all things , take heed lest too impatient of your grief , or too much transported with your joy , ye break forth into rash oathes , to the dishonour of god , and shame of christian conversation . but rather contain your selves , whether troubled or rejoycing , within the bounds of modesty ; mingle not heaven , and earth● let not all things be filled with your oathes and clamours ; if you affirm orderly a thing , let it be with calmnesse , and a meer affirmation , or negation : but if either of these passions be more impetuous , and strive to overflow the narrow channels of your bosomes , it will be your wisdomes to let it forth unto the glory of god. doe you demand by what means ? i will tell you : is any amongst you afflicted ? let not his impatience break forth into oathes and blasphemies , the floodgates of wrath ; but rather let him pray , and humbly implore god that he would vouchsafe him patience , till his heavy hand be removed . is any merry ? let him not bellow it forth in oathes , like a bacchanalian , but rather sing it in hymnes and psalmes unto the praise of god ; who hath made his cup to overflow , and crowned him with happy dayes . if any man admit not this latitude unto the apostles words , let him use his own judgement . i have onely expressed that which i think probable , and give no man law. but to return , if i have digressed ; it is certain that the words of james altogether condemn that evill custome , which is now grown amongst high and low ▪ men of all sorts inveterate . it would cost me many leaves to sum up that which hath been declared against this impious use by holy fathers , ancient doctors of all nations , hebrews , greeks , latines , yea even heathens ; of many take a few : sirach the wisest of the hebrews , accustome not thy mouth to swearing : as a servant that is continually beaten , shall not be without a blew mark , so he that sweareth , and nameth god continually , shall not be faultlesse . a man that useth much swearing shall be filled with iniquity . amongst the greeks , eusebius the heathen philosopher , many ( saith he ) exhort men to swear the truth , but i am of opinion that men ought not easily to swear at all . amongst the latines , augustine ; beware of oathes as much as you may , because it were better not to swear , though a truth ; not that it is sin to swear truth , but that it is a most grievous one to swear falsehood ; into which he may the sooner fall , who accustometh himself to swearing . and in another place , a false oath is destructive , and even a true one dangerous . but what need is there of other testimonies , seeing this dayly and unnecessary use of swearing is so positively forbidden , as scarse any thing more in holy scriptures ; by christ himself ; but i say unto you swear not at all ; and by his apostle st. james , in the place cited , above all things swear not . sect . xii . the third conclusion , an oath ought not to be made but upon a just , weighty and necessary occasion . an oath is of those things which are neither evill in themselves , as murther , sacriledge , perjury , and all other vices be ; nor of those which are desirable of themselves , as deeds of charity , justice , obedience and all other vertues ; but of such as are good only because necessary , by hypothesis , and for their end , and not desirable , but in order unto that end , of which sort are all those which are ordained for the redresse of some defect , as physick . for as a medicine was not invented for it self , but for health ; and as there would be no use thereof , if mens bodies were not obnoxious unto diseases , ( honour the physitian for necessity sake : ) so an oath is instituted for the confirmation of faith amongst men ; nor would be of any use , if mankinde were not alasse too subject unto ignorance , and perfidy ; which perhaps was our saviours meaning by those words , matth. . . cometh of evill . wherefore as the use of physick , where it seemeth not necessary to the preservation of life and health , is to be avoided : so oathes are likewise to be avoided where necessary preservation of humane society , and confirmation of faith seem not to require them . that admonition of epictetus ( as all the rest of that stoick ) is wholesome , avoid an oath , if you can , wholly : if not , as much you may . an oath is a sacred thing , but by how much the more sacred , by so much the more dangerous , if unduely taken . as medicines of the greatest vertue and efficacy are the more hurtfull unto the body , if rashly and unskilfully administred . the use of assertory oathes is necessary in common-wealths , especially in courts of justice , for the investigation of truth in matter of particular fact , whereunto belong oathes , witnesses , compurgators , &c. in extrajudiciall and private businesses , it is not so frequent , yet it may be sometimes necessary ; to wit , where it concerneth a man very much to be believed , and he cannot be believed except he swear . the promissory oath is of no use in justice , but of very great in extrajudicials , both publique and private . first publique , to keep subjects in allegiance unto their princes ; for the confirmation of leagues and contracts of kings and common-wealths ; for the observation of laws , and statutes ; and consequently honor , order , and peace of politique bodies , and societies ; for the faithfull administration of publique offices , and the like . and also private , as the antients often used it , for establishment of contracts ; performance of conditions between buyer and seller ; payment of debts ; restitution , loans , profits , trusts , &c. but in most matters of private concernment , other wayes may be taken with lesse scruple of conscience , and better assurance against the perfidy of wicked men : as pawns , feoffees , bonds , witnesses , and other judiciall obligations . and where such may be conveniently used , it is best to abstain altogether from oathes ; lest by frequent swearing , and upon slight occasions , the too familiar use of a thing so sacred degenerate into contempt ; or whilest we practise swearing , we learn perjury . augustine saith truly ; except a man have tryed , he cannot know how hard a thing it is to shake off the custome of swearing ; and not to doe that rashly , which sometimes he must doe necessarily . sect . xiii . the fourth conclusion ; it is a grievous sin , unduly to exact an oath . now he exacteth unduly , first , who compelleth another to take an oath , which is neither ordained by the law , nor received by custome , nor established by undenyed prescription , without intermission . secondly , who exacteth an oath evidently repugnant , or which seemeth by that sense , which the words bear , according to their use in common speech , to be repugnant unto a former oath lawfully taken . thirdly , who compelleth another to swear unto an unlawful thing ; to wit , against his duty to god , to his superiours , against the laws of the kingdome , against a good life . fourthly , who offereth an oath of ambiguous sense , or any way captious ; thereby to ensnare the conscience , life , liberty , or fortune of his neighbour . fifthly , who without necessity either terrifieth any person by threatnings , compelleth him by authority , or inveigleth him by perswasion ; example , deceipt , or other means to an oath , which he knoweth to be against the conscience of that person . would to god all such as are in authority would seriously consider with what a foul and indelible brand , jeroboam the son of nebat hath stigmatized his name and conscience , in causing the people of israel to sin , and how grievously they provoke the lord to wrath , who abuse the power he hath given them for the edification unto the destruction of others . sect . xiv . the fifth conclusion ; an oath is not to be taken with a relucting and unsatisfied conscience . the first proof , because that which is not of faith is sin . the second , because we ought to swear in judgement : which certainly he doth not who goeth against the judgement of his conscience . the third , because such an action must needs be occasioned by regard had unto some temporall advantage , or fear of some losse , or hope of some profit , or desire to obtain favour , or the like . and how ill doth it become a christian to prefer the world before god , durt before heaven , the body before the soul , temporall gain before eternall joy , the follies of this before the hopes of eternall life , externall peace before the quiet of conscience ? the fourth , because the party so swearing evidently exposeth himself to the danger of perjury . for he who through fear , or hope of any temporall losse or gain , may be induced to swear , will hardly if the like fear or hope disswade , be induced to perform his oath , and yet heathens themselves have numbred perjury amongst the most hainous crimes , which kindle the anger of the immortall gods ; not against the guilty only , and their posterity , but even to the destruction of whole nations . how much more ought wee acknowledging the only true god , who hath solemnly professed that he will not hold him guil●lesse that taketh his name in vain , to fear and tremble , lest whilest we behold on every side the plentiful● and luxurious crop of oathes and perjury , grown already ripe for the harvest , god the most just judge , to the utter destruction of so perfidious and profane a generation , should instantly thrust in the sharp sickle of his judgements ? we have already been sensible that our most mercifull father is provoked unto wrath , and his infinite patience wounded and ( as i may say ) overcome with our intolerable wickednesse , converted into fury . where all are extream , it is not easie to say for what particular crime . yet certainly he who seriously considereth how far we have been , since god hath smitten us with a more heavy hand , from bewailing those most grievous sins of oath●s and perjury , nay rather how vastly they are encreased , here through the uncontrouled , and unpunished licentiousnesse of oathes and blasphemies , there through the foul hypocrisie of perjury hid under the specious pretence of religion , cannot choose but think upon those words of the prophet jeremiah ; through oathes the land mourneth . wherefore men , fathers , and brethren , i bese●ch you as many as are here present , and all , whereever they be , who wish well unto the publique peace of this church , and kingdom , or to the private of their own souls , and consciences , that we take most diligent heed , lest we fall into contempt of gods most holy name , and violation of our own faith ; that we flye all unnecessary oathes , constantly refuse those which are unlawfully requi●ed , faithfully perform those which we have lawfully taken , as far as is in our power , couragiously restrain the licentiousnesse of sin in oathes ; and continually implore our great and good god , that he would give us ( being taught by his correction , and humbled under his most powerfull hand ) hearts to flye unto his mercy , to acknowledge his justice , to implore his grace , for the remission of all our sins , amendment of our lives , and salvation of our soules , by and through the merit of our lord jesus christ ; to whom with the father , and the holy spirit , three persons , and one god , be the kingdome , the power and the glory , for ever and ever . amen , amen . finis . an exact and large table , of the most remarkable things contained in this book . the number denotes the page . abraham's league with abimelech , accessaries extinct by the principal ceasing . act of an oath implies reverence of the divine name . advisement to be took before one swear . all obligation to duty , respecteth duty de futuro . any man may recede from his own right . asseverations , attestations , and oathes differ . assuerus●is ●is oath to esther . b. bond of an oath is indispensable . . by my faith , and by my truth , are oathes . . c. childrens oaths . christ generally forbids unnecessary oathes . commutation of an oath is unlawful . . confirmation the true end of an oath . conscience to be preferred to fear of punishment . cydias his oath . d. davids oath touching nabal . debts twofold . definition of an oath . dictates of conscience , binde us not to act against it . difference between an oath and a vow , . between an oath and an assertion . ibid. in doubtful matters the safest part is to be taken . doubting of an oath . drunken mens oathes . . it is unfit for them to swear . duty of subjects perpetually obligatory . e. efficient cause of an oath twofold . egyptians oathes . . enraged mens oathes . . it is unfit for them to swear . error in the substance makes the oath invalid . every oath is in its nature binding . evill can receive no validity from an oath . exceptions and conditions to be prefumed in oathes . excessive curiosity of method to be avoided . extent and latitude of an oath . f. faith and justice , firm bonds of humane society . . final cause of an oath . . first and second intension of an oath . force of words . formes of oathes . formes of words . g. god swearing . god chiefly called for a witnesse in all oaths . especially in true and formal oathes . god is invocated in all oathes . god not to be invocated as witnesse , but in doubts worthy his vindication . h. hannibals oath . habit of swearing . heirs of the party s●earing , how far bound by his oath . herods oath . . . he that ●wears by idols , swears by them he thinks to be gods. how to know whether a man have sworn o●●o . i. jacobs covenant with laban . jesuites defend aequivocation . impossible things oblige not . . things may be impossible three wayes . ibid. impulsive causes of oathes . . they are twofold . ibid. intention of the party how to be judged . intention frees not a man from perjury . internal formes of oathes . josephs oath . joshuas oath . . irritation of a lawful superior , cancels the bond of an oath . judahs oath to thamar . l. law twofold . lawful power required in an oath . lawful to swear to an infide● . m. madmens and fools oathes . manichees did swear frequently by the creature . matter of an oath either indefinite or definite . mentall reservation in oathes . minde and intention of the party swearing . o. oathes of those who are not in their owne power . . without his consent in whose power they are . oathes made to infidels ought to be kept . oathes are personall bonds . oathes obtained by fraud . oathes extorted by fear . by a slight fear . they bind . ibid. oathes made to theeves are binding . oathes by signes without words . oathes by the creature . are unlawfull ibid. it is good to abstain from them , oathes made by idols . are double sin . yet they are obligatory . oathes according to the custome of the countrey . oathes given to princes . oathes of allegiance taken by jesuites . oathes of allegiance . oathes upon condition . oathes in complement . oathes religious acts . oathes ends of all contradictions . oathes are the greatest humane faith that can be . oathes assertory and promissory . oathes invoke god both as a witnesse and a judge . oathes oblige the conscience . oathes instituted of god. oathes make not former obligations void . oathes of things simply impossible , are not obligatory nor lawfull . oathes against the law of a community . oathes of things which the parties swearing think to be unlawfull . oathes impeditive of some future good . othes tending to some ones hurt . oathes giving scandal hinder them not from binding . oathes in cases indifferent both lawfull and binding . oathes binde in the matter of least moment . oathes of homage and supremacy . oathes of members of communities . oathes are of those things which are not evill in themselves , . nor desirable , ibid. good because necessary . ibid. oathes not to be taken with reluctancy , nor an unsatisfied conscience . object of an oath is a doubtful thing . obligation what it is . . it is twofold . obligation of conscience , ariseth precisely out of the debt of duty . obligation of an oath is stricti juris . . tempered with equity , but not corrupted with favour . p. paulus cortesius , and peter bembo too much affected to elegancy . perjury is of three sorts . perjury not taken away by any kinde of simulation . philosophers and divines are not to affect oratory . pomponius his oath . promissory oathes . . under them comminatory oathes are comprehended . . what difference between them and assertory oathes . . to be understood in that sense as thé party to whom the oath is made intendeth . proper matter of an oath . proper obligation of a promissory oath . q. qualities required in one who deferreth an oath . r. rational judgement required in an oath . relaxation freeth a man from his oath . availeth nothing in contracts of matrimony . religion of an oath alwayes held most sacred . regulus his oath . rights of rulers over their subjects perpetual . rights fitting to be in divine worship . rites of the old testament all alike lawfull or unlawful . romans oath . s. sense of an oath how to be taken . silences sworn to theeves . simplicity becometh an oath . . to which two kindes of simulation are repugnant . simulation is against the third commandement . single and double truth . sins against the conscience are grievous . solemne rites of oathes . solemnity of the act aggravates the sin of an oath . some things require a milder interpretation . some legall rites of society appertain even to theeves . solution of the bond of an oath what it is . proper to a promissory oath . solomons oath to bathsheba . speech of ambiguous and indefinite sense , before it be distinguished , is no proposition . spontaneous oathes forbidden unlesse it be upon necessary and weighty occasions . . summary of what is contained in the book . superfluous things not to be put in definitions . t. tacite antecedent consent . . subsequent . things cannot by their mixture produce a new species , without some reall immutation . things unlawful ex accidente . two swearing mutually . twofold obligation may arise out of an oath . u. verball forms of oathes . verball equivocation in an oath . unlawfull things oblige not . . unlawful things several wayes . unlawfull things secundario . unlawfull oathes to be refused , even to danger of life . unlawfull to promise any thing to an evill intent . undue exaction of an oath is a grievous sin . vows made to god , and oathes to men are the strongest of all obligations . use of oathes lawfull . . in common discourse unlawfull . use of promissory oathes in justice . w. what ought not to be performed , ought not to be sworn . what truth is required in a promissory oath . what is not of faith is sin . what are not fit matters for oaths , . what are . ibid. who swears by the creature , doth it some way inrelatio● god. whosoever is obliged , is obliged to another . why an oath called sacrament . will cannot be forced . words are interpreters of things conceived in the minde . finis . notes, typically marginal, from the original text notes for div a -e gen. . josh. . . mat. . . psal. . psal. . . psal. . . psal. . . psal. . . jer. . . amos . . hor. . lib. . ode . cor. . . gen. . . mat. . . the humble petition of the county of cornwall to the kings most excellent majestie subscribed by above seven thousand hands : with his majesties answer thereunto : whereunto is added the oaths of allegiance and supremacie. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble petition of the county of cornwall to the kings most excellent majestie subscribed by above seven thousand hands : with his majesties answer thereunto : whereunto is added the oaths of allegiance and supremacie. charles i, king of england, - . p. printed for t. warren, london : . reproduction of original in huntington library. eng oath of allegiance, . oaths -- england -- early works to . oaths -- early works to . cornwall (england : county) -- history -- th century -- sources. a r (wing h ). civilwar no the humble petition of the county of cornwall, to the kings most excellent majestie. subscribed by above seven thousand hands. with his maje [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble petition of the county of cornwall , to the kings most excellent majestie . subscribed by above seven thousand hands . with his majesties answer thereunto . whereunto is added , the oaths of allegiance and supremacie . london , printed for t. warren . . to the kings most excellent majestie , the humble petition of the county of cornwall . we your majesties most loyall subjects in all duty render unto your majestie all thankfulnesse for your majesties unexempled favour and grace in granting unto your subjects , by the concurrence with your parliament , such laws and freedoms , which have most fully expressed your majesties gracious goodnesse unto your people ; and we most thankfully receive your majesties free offer of a generall pardon , whereof wee most humbly desire to be made partakers . and we most humbly beseech your majestie , never to suffer your subjects to be governed by an arbitrary government , nor admit an alteration in religion . and your petitioners being most feelingly grieved for your majesties discontents ( partly occasioned by divers scandalous pamphlets , and seditious sermons , and no way lessened by unlawfull tumults ) do wish a confluence of all comforts , honour and happinesse unto your majestie , and do most heartily pray for the reconcilement between your majestie and your parliament : and in all humble thankfulnesse for your majesties said grace and goodnesse , your petitioners do offer themselves most ready to maintain and defend with their lives and fortunes , your majesties sacred person , honour , estate , and lawfull prerogative against all persons whatsoever , according to the oaths of supremacie and allegiance . cornub . iohn grills high sheriff . warwick lord mohun . sir iohn trelawney knight and baronet . sir william wrey knight and baronet . iohn arundell of trerise esq. charles trevanion esq. walter langdon esq. peter courtney esq. samuel cosowarth esq. richard prideaux esq. iohn arundell esq. renatus billot esq. francis iones esq. robert rous esq. edward trelawney esq. nevil blighe esq. william bastard esq. charles grills esq. nathanel dillon esq. william arundell gent. william courtney gent. ed. courtney , gent. walter glin gent. edward cook gent. hugh pomeroy esq. ambrose billot gent. iohn samuel gent. nichol . kendall , major of lostwithyell . obadiah ghoship cler. iohn kette cler. thomas harrison cler. thomas porter cler. simon lann cler. iohn peter cler. george brush cler. barnard achim gent. theophilus laugherne gent. william guavas gent. nicholas sawell gent. william robinson gent. thomas robinson gent. ioseph iolly gent. thomas trear gent. the aforesaid gentlemen subscribed at lostwithyell unto the petition direction to his majestie , together with seven thousand more , esquires , gentlemen , freeholders and other inhabitants which subscribed and signed the said petition in their severall parishes . his majesties answer to the petition of cornwall , at the court at york , . june , . his majestie is so very well pleased with the duty and affection of this petition , that he hath commanded me to signifie his good acceptance of it , and thanks for it to the county of cornwall , and to assure them , that as he will be alwayes ready to increase the happinesse of his people , by consenting to such good new laws , as shall be proposed to him for their advantage , so he will be forward to venture his life in maintenance of the religion and laws established , which he doubts not , with the assistance of the petitioners , and other his good subjects , he shall be able to defend : his majestie will be ready to grant such a generall pardon to the petitioners as they desire ; and will no longer expect the continuance of their duty and affection , then himself continues true to those professions he hath so often made of maintaining and defending the religion and laws of this kingdom . falkland . the oath of allegiance , tertio iac. cap. . i a. b. do truely and sincerely acknowledge , professe , testifie , and declare , in my conscience before god and the world ; that our soueraigne lord king charls is lawfull and rightfull king of this realm , and of all other his majesties dominions and countries , and that the pope neither of himselfe , nor by any authority by the church or see of rome , or by any other meanes with any other , hath any power of authority , to depose the king , or to dispose any of his majesties kingdomes or dominions , or to authorize any forraign prince to invade or annoy him , or his countries , or to discharge any of his subjects of their allegiance and obedience to his majestie , or to give license or leave to any of them to beare armes , raise tumults , or to offer any violence or hurt to his majesties royall person , state , or government , or to any of his majesties subjects within his majesties dominions . also i do sweare from my heart , that notwithstanding any declaration , or sentence of excōmuuication , or deprivation , made , or granted to be made , or granted by the pope , or his successors , or by any authority , derived , or pretended to be derived from him , or his see , against the sayd king , his heirs or successors , or any absolution of the said subjects from their obedience : i will beare faith and true allegiance to his majestie , his heirs and successors , and him and them will defend to the utmost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crowne and dignity , by reason or colour of any such sentence , or declaration , or otherwise , and will do my best endevour to disclose and make knowne unto his majestie , his heirs and successors , all treasons , or trayterous conspiracies , which i shall know or heare of , to be against him or any of them . and i do further sweare , that i do from my heart abhorre , detest and abjure as impious and hereticall , this damnable doctrine , and position . that princes which be excōmunicated or deprived by the pope , may be deposed or , murthered by their subjects , or any other whatsoever , and i do beleeve , and in my conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me , and do renounce all pardons , or dispensations to the contrary . and all these things i do plainly , and sincerely acknowledge and sweare , according to these expresse words by me spoken , and according to the plaine and common sense , and understanding of the same words , without any equivocation , or mentall evasion , or secret reservation whatsoever . and i do make this recognition , and acknowledgement heartily , willingly , and truly , upon the true faith of a christian : so helpe me god . the oath of supremacy , primo eliz. cap. . i a. b. do utterly testifie and declare in my conscience , that the kings highnesse is the onely supreame governour of this realme , and all other his highnesse dominions and countries , as well in all spirirituall or ecclesiasticall things or causes , as temporall : and that no forraine prince , person , prelate , state or potentate , hath or ought to have any jurisdiction , power , superioritie , preeminence or authority ecclesiasticall or spirituall within this realme . and therefore , i do utterly renounce and forsake all forrain jurisdictions , powers , superiorities and authorities ; and do promise that from henceforth i shall beare faith and true allegiance to the kings highnesse , his heirs and lawfull successors : and to my power shall assist and defend all jurisdictions , priviledges , preeminences and authorities granted or belonging to the kings highnesse , his heirs and successors , or united and annexed to the imperiall crown of the realme : so help me god : and by the contents of this book . finis . the kitchin-maids answer to the london apprentice's word to the wavering levite, &c. being a vindication of the reverend dr. sherlock ... for his taking the oaths. kitchin-maid. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kitchin-maids answer to the london apprentice's word to the wavering levite, &c. being a vindication of the reverend dr. sherlock ... for his taking the oaths. kitchin-maid. p. printed for w. rayner, london : . two columns to the page. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng london apprentice of the church of england. -- word to a wavering levite. sherlock, william, ?- . oaths -- england -- early works to . oaths -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kitchin-maids answer to the london apprentice's word to the wavering levite , &c. being a vindication of the reverend dr. sherlock , from the malicious aspersions he casts upon him , for his taking the oaths . psalm cxx . . what reward shall be given or done unto thee , thou false tongue : even mighty and sharp arrows , with hot burning coals . london , printed for w. rayner , . the kitchin-maids answer to the london apprentices word to a wavering levite . meeting with a paper entituled , a word to a wavering levite , by a london apprentice of the church of england , it incited my curiosity to read it over at spare hours ; and having perused it , the very name of a prentice , with whom i have had several bouts at fisticuffs , and not a few verbal controversies , has made me long to have an encounter with him at paper-war , which i found my self under a necessity to satisfie , unless i would be at war with my self . and whether this our apprentice be a raw , half-witted , disaffected levite ( for whatever he pretends , some passages here and there through his paper , plainly discover his cloven foot ) or a laick prentice , 't is no great matter , ( and i will treat him as such , since he owns that name ) he has more sauce than meat , to abuse so great a man as the doctor is , and i think but a very young apprentice to the church of england ; for it seems he has not yet learned his catechism by heart , which teaches us to submit to ( not defame and misrepresent ) all our teachers , spiritual pastors , &c. were he of the church and principles he pretends to , i cannot see why he would vent his choler so much at that worthy doctor 's taking the oaths ; methinks he should rather have rejoyced , that so learned a doctor , who has done as great service for our church as any other whosoever , against all its adversaries , who was laid aside as useless , and forced to hide his candle under a b●shel , by reason of some scraples that wounded his conscience , had now at last got them fully answered , and seen the unsufficiency of them ( which were , no doubt , greatned by that gentleman , whose spirit he shews himself so much acted by in his long-winded word , that the church might be deprived of so understanding guides , as he and too many other reverend , pious and learned divines , that still labour under the same scruples ) and again render'd himself useful to serve his church and country . but lest i should seem to have got too much of the tongue , as our sex lyes generally under that slander , i shall briefly enter the lists with my old antagonist , and dispatch him in as few words as possible . and first , brother apprentice , i must tell you , that you paraphrase at a strange rate ; were the scriptures thus commented upon , as i am afraid they would , were you the commentator , what horrid blasphemies would they speak ? by your thus doing , you have more exposed your own malice , than the doctor . and truly your paraphrase is so ungenuous , that i should not give my self the trouble of tracing you further , were it not that the same itch of scribling that possessed you , has inflamed me . in your first answer to the doctor , you discover how young an apprentice you are to our church , by your prodigious uncharitableness . for it is not possible for malice it self to put a worse construction upon the doctor 's words , than you there do . to give you one scripture for another you gave the doctor , tell it not in gath , publish it not in ashkelon , lest the daughters of the vncircumcised rejoyce , that a lay-member of the church of england should shew such rancor towards his ghostly father , and yet pretend highly to her , when she above all other churches , so much enjoyns charity to all , even jews , mahometans and heathens , much more to the houshold of faith. and you maliciously insinuate , that the doctor has taken the oaths meerly to keep his benefice , or at the instigations of his w — fe . but the traps you lay to catch him in are easily destroyed , viz. if the oaths were law●●● 〈◊〉 did you not take them before ? and if the oaths were not lawful , why did you take them now ? brother , you should have said , if you judged the oaths were lawful then , and if you judge them unlawful now , &c. and this would have cut the throat of your argument . now that we are to be acted by our own judgment ( erroneous or not ) is acknowledged by all that ever i heard ; i am sure i have heard many worthy divines say so in the pulpit . and if this be true , then when we think we may lawfully take an oath , it is our duty to take it , and we incur guilt if we do not , even tho the matter be unlawful : and on the contrary , when we believe an oath to be unlawful , we sin in taking it , if it were the most lawful oath in the world. but it will not hence follow , that if one judged an oath unlawful , a year or two ago , that therefore he must needs judge it so now , and consequently that one cannot alter his judgment , unless upon some selfish end , which you plainly affirm , while you impute the doctor 's taking the oaths wholly to his desire after preferment , or his w — fes instigation . as to the inforcement of your argument , that he had so long time , and was so learned a man , &c. it has as little strength in it as the rest . for when any opinion is firmly rooted in a man , be he never so learned , 't is not so easie to get clear of it ; even tho that opinion be contrary to common sense : this we may see plainly in the learnedest papists ( and many of them honest too ) who notwithstanding their great learning , cannot free themselves of those false and idolatrous principles , that they had sucked in with their mothers milk ( ye know where i had this sweet expression , therefore pray remember how far he was from any such uncharitable expressions , and follow so great an example . ) and since it is so in the case of papists , where the tenets are contrary to religion , reason and sense , 't is no great wonder if the doctor , and a great many more , who had for a long time been confirmed in such principles , the arguments to prove which seemed to be deduced from primitive simplicity , ( tho i am afraid a jesuit was at the bottom of it , especially considering what our two last kings were ) it is no wonder , if any man that had been so long rooted in those principles should scruple an oath , the taking whereof , seemed so diametrically opposite to them ; and therefore it is rationally to be supposed , that 't would be no easie matter for him , or any other , who had been fully confirmed in those principles , to rid themselves of those scruples , unless we should suppose them men acted meerly by interest . and when he has got over such a scruple , we are not to imagine that his conscience was more tender then than it is now , or now than it was then ) but that he then judged it not lawful to take the oaths ; but upon further search into the matter , he found that his scruples , how strong arguments soever they seemed to him for some time , yet after a full search into them , they had no real ground , and therefore thought he might lawfully take them . and this i am sure all good christians ought to conclude , till they certainly know the contrary . i dare say you dare not swear that the doctor had no other end in taking the oaths , than you alledge ; which shews how void of charity you are , to charge so eminent a divine with the highest crime , which yet you durst not swear he is guilty of . and if you should say you durst swear it , every body that should hear it , must needs say that you are a person that makes no conscience of an oath , since it is plain , that no body can know what is in the heart , but only god. and what you charge the doctor with , in the end of this answer , is levell'd as much against many of our worthy clergy as against the doctor , since not a few of them preached the same doctrine the doctor did : nay , the same argument might be stretched as far against those that still scruple the oaths , since 't would be no hard matter , to prove even them to have acted contrary ( more or less ) to what they preach'd and maintain'd some years ago ; if it were no more but this , that about the time of his present majesty's coming over , very few of them were heard to preach up non-resistance : nor did any of them mind the people to stand by king james ; besides that , even they who were for the continuing of king james , were yet for tying up his hands , which if we look back but a few years , we shall find to have been ranked by them amongst the most hainous sins . so that one may see how true a son of the church of england you are , to start an argument against the doctor , which might ( if concluding ) be stretch'd against most of the divines of the church of england . i am afraid you are a church-man bred up in mr. lobb's or father peters school . from your next answer we may shrewdly guess ( whatever you pretend ) that you are for the mans having his mare again ( as you use to cant in your cabals . ) for you are pleased to compare dr. sh — 's case to no other than a servant taking an oath to keep his masters secrets , which he is always obliged to do , and which he can have no plausible pretence for the breaking of ; and you are pleased to discant upon it at large . but your comparison is so wide of the purpose , that 't is obvious to any that can but read , and therefore i shall say no more of it . in your next answer you say , how can their majesties confide in such a man , that has a pair of consciences , one to take the oaths , and the other to let them alone . i wonder any man should pester the world with such nonsense ! because a man scruples a thing for some time , and afterwards sees his scruples have not such weight in them , as he at first apprehended they had , therefore he must have a pair of consciences . it would not have been amiss , if thou , in stead of that poor maid in woodstreet , hadst met with such a whipping mistress , that she might either have whip'd thy puny soul out of the world , and beat out thy insipid brains , or beat more into thee . for if we seriously consider the matter , their majesties have more reason to believe that dr. sherlock is fitter to be trusted , than some that took the oaths hand over head , and will be as ready , it may be , to break them , whenever occasion serves ; since he would not take them till he satisfied all his scruples , which 't is a question whether some of them did , and whether they have acted accordingly since they took them . what you say in answer next , is of the same bran ; for it is one thing to be engaged in a faction , that is to say , to endeavour to carry on a faction with all eagerness and industry , by word and writing , &c. and another thing when one is ask'd his opinion , and at the importunity of the asker declares it . the former is properly said to make proselytes , who ( as the jews are said by our saviour to do ) compass sea and land to do it ; that is to say in plain terms , go from place to place , from one company to another , to delude simple people , amongst whom i may reckon you our london apprentice ( as many of our jacobite levites have done , some of whom have had the law inflicted upon them , tho in the opinion of many honest men , with too great a mixture of lenity , which has render'd others too malapert , and occasion'd not a few's being led aside with their dissimulation . ) and not the latter , since they do not go about to promote a faction , but only if any scrupulous person comes to them for advice , barely deliver what their present sentiments are , which yet , if they are not strangely puffed up beyond what is becoming , they dare not assert will always be so . your ignorance next makes you believe it a strange paradox , that the doctor seemed so concerned at some persons taking the oaths , and yet at the same time believed them to be honest men. why good-man fool , this is not so strange a paradox as your weak brains fancy . there is no doubt to be made , but many honest men do many things , and mean honestly , which yet are not justifiable at the same time . i suppose mr. apprentice , you will not deny but st. peter was an honest man , when he did those things for which he was reproved by st. paul , tho there was something of humane frailty in the case . nay , st. paul himself declares , that when he persecuted the christians , he did it in sincerity , thinking that he did god good service . all good church-men are heartily concerned for the dissenters going off from the church and yet at the same time , 't would be very uncharitable , to conclude that none of them were honest men. not to say more , to shew how unreasonably you concluded this so strange a paradox . you next question the doctor , since he thought it lawful to pray for their majesties king william and queen mary ; why not as lawful to take the oaths then as now ? john sheep , because the doctor thought it not so lawful , which was sufficient for him , since he was endeavouring all he could to satisfie himself in this point . nor can he be blamed , with reason , for praying for their majesties , tho he at the same time scrupled the oaths to them , since there was an act past in the late convention , declaring them king and queen , and so he could lawfully pray for them as such , since they had not any ways sought after it , but 't was the voluntary act of the people of england , done by their representatives , and was universally approved , which cannot be said of usurpers . but because of the former principles , which by reason of their being so much for some years inculcated in our church , and which the doctor at that time was so strongly possess'd with , he thought it not lawful to take the oaths : and for this you may blame and vomit out your gall against others than the doctor ; for you cannot say that he was the first broacher of non-resistance , the divine right of succession , with all the other precious stuff with which our church has been pestered these many years , to the no small grief of many worthy divines and gentlemen of her communion . and if he has at last discovered the falsity of these tenets , which not only he , but the major part of the clergy of the nation have been infected with , and now retracts them , and to shew that he is in earnest in so doing , takes the oaths to their majesties , why should any rational man question the honesty of his design in so doing ? and why this uncharitable censure that 't was because k. james being now fled , he must either take the oaths or lose his living ? this manner of judging was more becoming a dissenter from our church , many of whom are ready to construe our actions in the worst sense ( in which i must ingenuously confess , we are not much behind with them , tho at the same time i must say , that 't is long of that sort of men that are now jacobites , that differences betwixt us and them have been so far widened ) or a tory jacobite ; and i make no doubt but all understanding readers will take you for no other than one in masquerade : so that jesuit-like , you can put on a william's face , when the devil and lewis are at your heart , on purpose that so far as your shallow wit can reach ( and fools commonly are most confident they can do great things ) you may deter other persons from taking the oaths ; tho they must be as silly as your self , that will be bugbear'd with what you lay to the doctor 's charge . as for what follows of your pamphlet , 't is much the same with what has been taken notice of , and therefore i pass it . any reader may easily see , that 't is a dissatisfaction to their majesties government , that raises your spleen against dr. sh — k , however cunningly you pretend to be of another temper . and this is plain enough , if we consider , that whereas all others that have meddled with the doctor , seem only offended at his not vindicating their majesties government , or retaining some principles which they think are diametrically opposite to his taking the oaths , but you are downright angry for his taking of them , and your bait to delude the simple is , why he took them not sooner , as if you were angry that he did it no sooner , whereas , had he been acted by your principles , 't is obvious enough he had never taken them . thus you have a little touch , what improvement i have made in politicks : a science never so common as it has been within these three years , which is all owing to gentlemen of your kidny , who have compassed sea and land , gone from house to house to proselyte people unto slavery , that when you had done so , you might make them seven-fold more the children of the devil or the pope than your selves ; or if you could not do that , that you might have power to send them to the other world in a fiery chariot . you should have had a taste of my skill in poetry too , but that you know i must wait on my mistress's as you on your master's affairs . but a few spare hours may possibly furnish you with an elogium in rhime according to your merit , till which time i must bid you adieu . the lawfulness, and obligation of oaths a sermon preach'd at the assises held at kingston upon thames, july , / by john tillotson ... tillotson, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lawfulness, and obligation of oaths a sermon preach'd at the assises held at kingston upon thames, july , / by john tillotson ... tillotson, john, - . [ ], p. printed for brabazon aylmer ..., and william rogers ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -- n.t. -- hebrews vi, -- sermons. oaths -- sermons. sermons, english -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lawfulness , and obligation of oaths . a sermon preach'd at the assises held at kingston upon thames , july . . by john tillotson d. d. dean of canterbury , and chaplain in ordinary to his majesty . london , printed for brabazon aylmer , at the three pigeons over against the royal exchange in cornhill : and william rogers at the sun , over against st. dunstan's church in fleet-street , . to the right worshipfull and my honoured friend joseph reeve esq high sheriff of the county of surrey . sir , when i had perform'd the service which you were pleas'd to call me to in the preaching of this sermon , i had no thoughts of making it more publique . and yet in this also i was the more easily induced to comply with your desire , because of the suitableness of the argument to the age in which we live : wherein as men have run into the wildest extremities in other things , so particularly in the matter of oaths ; some making conscience of taking any oath at all , and too many none at all of breaking them . to convince the great mistake of the one extreme , and to check the growing evil and mischief of the other , is the chief design of this discourse . to which i shall be very glad if by god's blessing it may prove any wise serviceable . i am sir , your very faithfull and humble servant john tillotson . the lawfulness , and obligation of oaths . a sermon preach'd at the assises held at kingston upon thames , july . . heb. vi . . and an oath for confirmation is to them an end of all strife . the necessity of religion to the support of humane society in nothing appears more evidently than in this , that the obligation of an oath , which is so necessary for the maintenance of peace and justice among men , depends wholly upon the sense and belief of a deity . for no reason can be imagined why any man that doth not believe a god , should make the least conscience of an oath ; which is nothing else but a solemn appeal to god as a witness of the truth of what we say . so that whoever promotes atheism and infidelity doth the most destructive thing imaginable to humane society , because he takes away the reverence and obligation of oaths : and whenever that is generally cast off , humane society must disband , and all things run into disorder . the just sense whereof made david cry out to god with so much earnestness , as if the world had been cracking , and the frame of it ready to break in pieces , psal. . help , lord , for the righteous man ceaseth , and the faithfull fail from among the children of men : intimating , that when faith fails from among men , nothing but a particular and immediate interposition of the divine providence can preserve the world from falling into confusion . and our blessed saviour gives this as a sign of the end of the world , and the approaching dissolution of all things , when faith and truth shall hardly be found among men , luke . . when the son of man comes , shall he find faith on the earth ? this state of things doth loudly call for his coming to destroy the world , which is even ready to dissolve and fall in pieces of it self , when these bands and pillars of humane society do break and fail . and surely never in any age was this sign of the coming of the son of man more glaring and terrible than in this degenerate age wherein we live , when almost all sorts of men seem to have broke loose from all obligations to faith and truth . and therefore i do not know any argument more proper and usefull to be treated of upon this occasion than of the nature and obligation of an oath , which is the utmost security that one man can give to another , of the truth of what he saies ; the strongest tye of fidelity , the surest ground of judicial proceedings , and the most firm and sacred bond that can be laid upon all that are concerned in the administration of publick justice ; upon judge , and jury , and witnesses . and for this reason i have pitched upon these words ; in which the apostle declares to us the great use and necessity of oaths among men ; an oath for confirmation is to them an end of all strife . he had said before , that for our greater assurance and comfort god hath confirmed his promises to us by an oath ; condescending herein to deal with us after the manner of men , who , when they would give credit to a doubtfull matter , confirm what they say by an oath . and generally when any doubt or controversie ariseth between parties concerning a matter of fact , one side affirming , and the other denying , an end is put to this contest by an oath ; an oath for confirmation being to them an end of all strife : an oath for confirmation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for the greater assurance and establishment of a thing : not , that an oath is alwaies a certain and infallible decision of things according to truth and right ; but , that this is the utmost credit that we can give to any thing , and the last resort of truth and confidence among men : after this we can go no farther ; for if the religion of an oath will not oblige men to speak truth , nothing will. this is the utmost security that men can give , and must therefore be the final decision of all contests ; an oath for confirmation is to them an end of all strife . now from this assertion of the apostle concerning the great use and end of oaths among men , i shall take occasion , . to consider the nature of an oath , and the kinds of it . . to shew the great use and even necessity of oaths , in many cases . . to vindicate the lawfulness of them , where they are necessary . . to shew the sacred obligation of an oath . i shall be as brief in these as the just handling of them will bear . . for the nature of an oath , and the kinds of it . an oath is an invocation of god , or an appeal to him as a witness of the truth of what we say . so that an oath is a sacred thing , as being an act of religion and an invocation of the name of god : and this , whether the name of god be expresly mentioned in it or not . if a man only say , i swear , or i take my oath , that a thing is , or is not , so , or so ; or that i will , or will not , do such a thing : or if a man answer upon his oath , being adjured and required so to do : or if a man swear by heaven , or by earth , or by any other thing that hath relation to god ; in all these cases a man doth virtually call god to witness ; and in so doing , he doth by consequence invoke him as a judge and an avenger , in case what he swears be not true . and if this be exprest , the oath is a formall imprecation ; but whether it be , or not , a curse upon our selves is always implyed in case of perjury . there are two sorts of oaths , assertory , and promissory . an assertory oath is when a man affirms or denies upon oath a matter of fact , past , or present : when he swears that a thing was , or is so , or not so . a promissory oath is a promise confirmed by an oath , which always respects something that is future : and if the promise be made directly and immediately to god , then it is call'd a vow ; if to men , an oath . i proceed to the ii. thing , which is to shew the great use and even necessity of oaths , in many cases : which is so great , that humane society can very hardly , if at all , subsist long without them . government would many times be very insecure : and for the faithfull discharge of offices of great trust , in which the welfare of the publick is nearly concerned , it is not possible to find any security equall to that of an oath ; because the obligation of that reacheth to the most secret and hidden practices of men , and takes hold of them in many cases where the penalty of no humane law can have any awe or force upon them : and especially , it is ( as the civil law expresseth it ) maximum expediendarum litium remedium , the best means of ending controversies : and where mens estates or lives are concerned , no evidence but what is assured by an oath will be thought sufficient to decide the matter , so as to give full and generall satisfaction to mankind . for in matters of so great concernment , when men have all the assurance that can be had , and not till then , they are contented to sit down and rest satisfied with it . and among all nations an oath hath always been thought the onely permptory and satisfactory way of deciding such controversies . iii. the third thing i proposed , was to vindicate the lawfulness of oaths , where they are necessary . and it is a very strong inducement to believe the lawfulness of them , that the unavoidable condition of humane affairs hath made them so necessary . the apostle takes it for granted that an oath is not only of great use in humane affairs , but in many cases of great necessity , to confirm a doubtful thing , and to put an end to controversies , which cannot otherwise be decided to the satisfaction of the parties contending ; an oath for confirmation is to them an end of all strife . and indeed it is hardly imaginable that god should not have left that lawfull , which is so evidently necessary to the peace and security of mankind . but because there is a sect , sprung up in our memory , which hath called in question the lawfullness of all oaths , to the great mischief and disturbance of humane society , i shall endeavour to search this matter to the bottom , and to manifest how unreasonable and groundless this opinion is . and to this end , i shall first , prove the lawfulness of oaths from the authority of this text , and from the reasons plainly contained , or strongly implied in it . secondly , i shall shew the weakness and insufficiency of the grounds of the contrary opinion ; whether from reason , or from scripture , which last they principally rely upon ; and if it could be made out from thence would determine the case . . i shall prove the lawfulness of oaths from the authority of this text , and the reasons plainly contained , or strongly implyed in it . because the apostle doth not only speak of the use of oaths among men without any manner of censure and reproof , but as a commendable custome and practice , and in many cases necessary , for the confirmation of doubtfull matters , and in order to the finall decision of controversies and differences among men . for first . he speakes of it as the generall practice of mankind , to confirm things by an oath in order to the ending of differences . and indeed there is nothing that hath more universally obtained in all ages and nations of the world : than which there is not a more certain indication that a thing is agreeable to the law of nature and the best reason of mankind . and that this was no degenerate practice of mankind , like that of idolatry , is from hence evident ; that when god separated a people to himself , it was practised among them , by the holy patriarchs , abraham , isaac , and jacob ; and was afterwards not only allowed , but in many cases commanded by the law of moses ; which had it been a thing evil in it self and forbidden by the law of nature , would not have been done . secondly . another undeniable argument from the text of the lawfulness of oaths is , that god himself , in condescension to the custome of men who use to confirm and give credit to what they say by an oath , is represented by the apostle as confirming his promise to us by an oath , vers . . when god made the promise to abraham , because he could swear by none greater , he swears by himself . for men verily swear by the greater ; and an oath for confirmation is to them an end of all strife . wherein god , willing more abundantly to shew unto the heirs of promise the immutability of his counsell , confirmed it by an oath : which he certainly would not have done , had an oath been unlawfull in it self . for that had been to comply with men in an evil practice , and by his own example to give countenance to it in the highest manner : but though god condescend to represent himself to us after the manner of men , he never do's it in any thing that is in it's own nature evil and sinfull . thirdly . from the great usefullness of oaths in humane affaires , to give credit and confirmation to our word , and to put an end to contestations . now that which serves to such excellent purposes , and is so convenient for humane society , and for mutual security and confidence among men , ought not easily to be presumed unlawfull , till it be plainly proved to be so . and if we consider the nature of an oath , and every thing belonging to it , there is nothing that hath the least appearance of evil in it . there is surely no evil in it , as it is an act of religion ; nor as it is an appeal to god as a witness and avenger in case we swear falsly ; nor as it is a confirmation of a doubtfull matter ; nor as it puts an end to strife and controversy . and these are all the essential ingredients of an oath , and the ends of it ; and they are all so good , that they rather commend it , than give the least colour of ground to condemn it . i proceed in the d . place , to shew the weakness and insufficiency of the grounds of the contrary opinion ; whether from reason , or from scripture . first , from reason . they say the necessity of an oath is occasioned by the want of truth and fidelity among men . and that every man ought to demean himself with that faithfulness and integrity as may give credit and confirmation to his word ; and then oaths will be needless . this pretence will be fully answered , if we consider these two things . st . that in matters of great importance no other obligation , besides that of an oath , hath been thought sufficient amongst the best and wisest of men to assert their fidelity to one another . even the best men ( to use the words of a great author ) have not trusted the best men without it . as we see in very remarkable instances , where oaths have pass'd between those who might be thought to have the greatest confidence in one another : as between abraham and his old faithfull servant eliezer , concerning the choice of a wise for his son : between father and son , jacob and joseph , concerning the buriall of his father in the land of canaan : between two of the dearest and most intimate friends , david and jonathan , to assure their friendship to one another ; and it had its effect long after jonathan's death in the saving of mephibosheth , when reason of state and the security of his throne seem'd to move david strongly to the contrary ; for it is expresly said sam. . . that david spared mephibosheth , jonathan's son , because of the oath of the lord that was between them ; implying , that had it not been for his oath , other considerations might probably have prevail'd with him to have permitted him to have been cut off with the rest of saul's children . dly . this reason , which is alledged against oaths among men , is much stronger against god's confirming his promises to us by an oath . for he who is truth it self is surely of all other most to be credited upon his bare word , and his oath needless to give confirmation to it ; and yet he condescends to add his oath to his word ; and therefore that reason is evidently of no force . secondly , from scripture . our saviour seems altogether to forbid swearing in any case , matth. . , . ye have heard that it hath been said to them of old time , thou shalt not forswear thy self : but i say unto you swear not at all ; neither by heaven , &c. but let your communication be yea , yea , and nay , nay ; for whatsoever is more than these cometh of evil . and this law st. james recites , chap. . ver . . as that which christians ought to have a very particular and principal regard to ; above all things my brethren swear not : and he makes the breach of this law a damning sin , least ye fall into condemnation . but the authority of our saviour alone is sufficient , and therefore i shall only consider that text. and , because here lyes the main strength of this opinion of the unlawfulness of oaths , it is very fit that this text be fully consider'd ; and that it be made very evident , that it was not our saviour's meaning by this prohibition wholly to forbid the use of oaths . but before i enter upon this matter , i will readily grant , that there is scarce any errour whatsoever that hath a more plausible colour from scripture , than this ; which makes the case of those who are seduced into it the more pityable : but then it ought to be consider'd , how much this doctrine of the unlawfulness of oaths reflects upon the christian religion ; since it is so evidently prejudiciall both to humane society in generall , and particularly to those persons that entertain it : neither of which ought rashly to be supposed and taken for granted , concerning any law delivered by our saviour : because upon these terms it will be very hard for us to vindicate the divine wisdom of our saviour's doctrine , and the reasonableness of the christian religion . of the inconvenience of this doctrine to humane society , i have spoken already . but besides this , it is very prejudicial to them that believe it . it renders them suspected to government , and in many cases incapable of the common , benefits of justice and other priviledges of humane society , and exposeth them to great penalties , as the constitution of all laws and governments at present is ; and it is not easy to imagine how they should be otherwise . and which is very considerable in this matter , it sets those who refuse oaths upon very unequall terms with the rest of mankind , if where the estates and lives of men are equally concern'd , their bare testimonies shall be admitted without an oath , and others shall be obliged to speak upon oath : nothing being more certain in experience , than that many men will lye for their interest , when they will not be perjured ; god having planted in the natural consciences of men a secret dread of perjury above most other sins . and this inconvenience is so great , as to render those who refuse oaths in all cases almost intolerable to humane society . i speak not this either to bring them into trouble , or to perswade them to measure truth by their interest : but on the other hand i must needs say , that it is no argument either of a wise or good man to take up any opinion , especially such a one as is greatly to his prejudice upon slight grounds . and this very consideration , that it is so much to their inconvenience , may justly move them to be very carefull in the examination of it . this being premis'd , i come now to explain this prohibition of our saviour ; and to this purpose , i desire these three things may be well consider'd . first , that severall circumstances of these words of our saviour do manifestly shew that they ought to be interpreted in a limited sense , as only forbidding swearing in common conversation ; needless and heedless oaths ( as one expresseth it ) and in general , all voluntary swearing , unless upon some great and weighty cause , in which the glory of god and the good of the souls of men is concerned . for that in such cases a voluntary oath may be lawfull , i am induced to believe from the example of st. paul , who useth it more than once upon such occasions ; of which i shall hereafter give particular instances . and this was the sense of wise men among the heathens , that men should not swear but upon necessity and great occasion . thus eusebius the philosopher in stobaeus , counsels men . some ( says he ) advise men to be carefull to swear the truth ; but i advise principally that men do not easily swear at all , that is , not upon any slight , but only upon weighty occasions : to the same purpose epictetus , shun oaths wholly , if it be possible ; if not , however as much as thou canst : and so likewise simplicius in his comment upon him , we ought wholly to shun swearing , except upon occasions of great necessity : and quintilian among the romans , in totum jurare , nisi ubi necesse est , gravi viro parum convenit ; to swear at all , except where it is necessary , do's not well suite with a wise man. and , that this prohibition of our saviour's ought to be understood of oaths in ordinary conversation , appears from the opposition which our saviour makes , swear not at all ; but let your communication be yea , yea ; that is , in your ordinary commerce and affairs do not interpose oaths , but say and do . and this is very much confirmed , in that our saviour do's not under this general prohibition , instance in such oaths as are expresly by the name of god : the reason whereof is this ; the jews thought it unlawfull in ordinary communication to swear expresly by the name of god , but lawfull to swear by the creatures , as by heaven and earth , &c. so that our saviour's meaning is , as if he had said ; you think you may swear in common conversation , provided you do not swear by the name of god ; but i say unto you , let your communication be without oaths of any kind : you shall not so much as swear by heaven or by earth , because god is virtually invoked in every oath . and unless we suppose this to be our saviour's meaning , i do not see what good reason can be given why our saviour should only forbid them to swear by the creatures , and not much rather by the name of god ; such oaths being surely of all others most to be avoided , as being the most direct abuse and profanation of the name of god. secondly , it is very considerable to the explaining of this prohibition , that there are the like general expressions in other jewish authours concerning this very matter , which yet must of necessity be thus limited . maimonides , from the ancient rabbies , gives this rule , that it is best not to swear at all . and philo useth almost the same words . and rabbi jonathan comes very near our saviour's expression , when he says , the just man will not swear at all ; not so much as by the common names of god , nor by his attributes , nor by his works , as by heaven , or the angels , or the law. now it is not imaginable , that these learned jewes should condemn oaths in all cases , when the law of moses did in many cases expresly require them . and therefore they are to be understood of voluntary oaths in ordinary conversation . and that the jewes meant this by not swearing at all , seems to be very plain from a passage in josephus , who says that the sect of the essenes forbad their disciples to swear at all ; and yet he tells us at the same time , that they who were admitted into that sect , took an oath to observe the laws and rules of it . so that they who forbad to swear at all , allowed of oaths imposed by the authority of superiours . thirdly , which will peremptorily decide this matter , this prohibition of our saviour's cannot be understood to forbid all oaths , without a plain contradiction to the undoubted practice of the primitive christians , and of the apostles , and even of our lord himself . origen and tertullian tell us , that the christians refused to swear by the emperour's genius ; not because it was an oath , but because they thought it to be idolatrous : but the same tertullian says , that the christians were willing to swear per salutem imperatoris , by the health and safety of the emperour . athanasius , being accused to constantius , purged himself by oath , and desired that his accuser might be put to his oath , sub attestatione veritatis , by calling the truth to witness : by which form ( says he ) we christians are wont to swear . but , which is more than this , st. paul , upon weighty occasions , do's severall times in his epistles call god to witness for the truth of what he says ; which is the very formality of an oath . god is my witness , rom. . . as god is true , our word was not yea and nay , cor. . . and v. . i call god for a record upon my soul. before god i lye not , gal. . . god is my record , philip. . . god is my witness , thess. . . these are all unquestionable oaths ; which we cannot imagine st. paul would have used , had they been directly contrary to our saviour's law. and whereas some defend this upon account of his extraordinary inspiration , i cannot possibly see how this mends the matter . for surely it is very inconvenient to say that they who were to teach the precepts of christ to others , did themselves break them by inspiration . but i go yet farther , and shall urge an example beyond all exception . our saviour himself ( who surely would not be the first example of breaking his own laws ) did not refuse to answer upon oath , being called thereto at his tryall . so we find matth. . . the high priest said unto him , i adjure thee by the living god , that thou tell us whether thou be the christ the son of god ; that is , he required him to answer this question upon oath . for among the jewes , the form of giving an oath to witnesses and others , was not by tendering a formal oath to them , as the custome is among us ; but by adjuring them , that is , requiring them to answer upon oath : as is plain from levit. . . if a man hear the voice of swearing , and is a witness whether he hath seen or known of such a thing , if he do not utter it , then he shall bear his iniquity . if he have heard the voice of swearing , that is , if being adjured or demanded to answer upon oath , concerning what he hath seen or heard , he do not utter the truth , he is perjured . now to this adjuration of the high priest , our saviour answered , thou hast said : which words are not an avoiding to answer ( as some have thought ) but a direct answer ; as if he had said , it is as thou sayest ; it is even so , i am the son of god. for upon this answer the high priest said , he hath spoken blasphemy . but , to put the matter beyond all doubt , st. mark tells us , mark . . that he being asked by the high priest , art thou the christ the son of the blessed ? he answered , i am . so that unless we will interpret our saviour's doctrine contrary to his own practice , we cannot understand him to forbid all oaths ; and consequently they are not unlawfull . i have been the longer upon this , that i might give clear satisfaction in this matter to those that are willing to receive it . as for the ceremonies in use among us in the taking of oaths , it is no just exception against them , that they are not found in scripture . for this was always matter of liberty ; and several nations have used several rites and ceremonies in their oaths . it was the custome of the graecians , to swear laying their hands upon the altar , quod sanctissimum jusjurandum est habitum , ( saith 〈◊〉 gellius ) which was looked upon as the most sacred form of swearing . the romans were wont jovem lapidem jurare ; that is , he that swore by jupiter held a flint-stone in his hand , and flung it violently from him , with these words , si sciens fallo ita me jupiter bonis omnibus ejiciat ut ego hunc lapidem ; if i knowingly falsify , god so throw me out of all my possessions as i do this stone . in scripture there are two ceremonies mentioned of swearing . one , of putting the hand under the thigh of him to whom the oath was made . thus eliezer swore to abraham , gen. . and joseph to jacob , gen. . the other was by lifting up the hand to heaven : thus abraham expresseth the manner of an oath , gen. . . i have lift up my hand to the most high god. and thus god condescending to the manner of men , expresseth himself , deut. . . if i lift up my hand to heaven , and swear . in allusion to this custome the psalmist describes the perjured person , psal. . . whose mouth speaketh vanity ; and whose right hand is a right hand of falshood . and there is not the least intimation in scripture , that either of these ceremonies were prescribed and appointed by god , but voluntarily instituted and taken up by men . and thus among us the ceremony of swearing is by laying the hand on the holy gospel , and kissing the book ; which is both very solemn and significant . and this is the reason why this solemn kind of oath is called a corporall oath , and was anciently so called ; because the sign or ceremony of it is performed by some part of the body . and this solemnity is an aggravation of the perjury , because it makes it both more deliberate , and more scandalous . i shall speak but briefly to the iv. and last particular , viz. the sacred obligation of an oath : because it is a solemn appeal to god as a witness of the truth of what we say : to god , i say , from whose piercing and all-seeing eye , from whose perfect and infinite knowledge , nothing is or can be hid : so that there is not a thought in our heart but he sees it , nor a word in our tongue but he discerns the truth or falshood of it . whenever we swear , we appeal to his knowledge , and refer our selves to his just judgment , who is the powerfull patron and protectour of right , and the almighty judge and avenger of all falshood and unrighteousness . so that it is not possible for men to lay a more sacred and solemn obligation upon their consciences , than by the religion of an oath . moses very well expresseth it , by binding our souls with a bond . numb . . . if a man swear an oath , to bind his soul with a bond ; intimating that he that swears , lays the strongest obligation upon himself , and puts his soul in pawn for the truth of what he says . and this obligation no man can violate , but at the utmost peril of the judgement and vengeance of god. for every oath implies a curse upon our selves , in case of perjury , as plutarch observes . and this was always the sense of mankind , concerning the obligation of oaths . nullum vinculum ad astringendam fidem majores nostri jurejurando arctius esse voluerunt , saith tully ; our fore-fathers had no stricter bond , whereby to oblige the faith of men to one another , than that of an oath . to the same purpose is that in the comedian , aliud si scirem , qui firmare meam apud vos possem fidem , sanctius quàm jusjurandum , id pollicerer tibi . if i knew any thing more sacred than an oath , whereby to confirm to you the truth of what i say , i would make use of it . i will crave your patience a little longer , whilest by way of inference from this discourse , i represent to you the great sin of swearing in common conversation , upon trivial and needless occasions ; and the hainousness of the sin of perjury . . first . the great sin of swearing , upon trivial and needless occasions , in common conversation . because an oath is a solemn thing , and reserved for great occasions , to give confirmation to our word in some weighty matter , and to put an end to controversies which cannot otherwise be peremptorily and satisfactorily decided . and therefore to use oaths upon light occasions , argues great profaneness and irreverence of almighty god. so vlpian the great roman lawyer observes , nonnullos esse faciles ad jurandum contemptu religionis , that mens proneness to swearing comes from a contempt of religion ; than which nothing disposeth men more to atheism and infidelity . besides that it doth many times surprize men unawares into perjury : and how can it be otherwise , when men use to interlard all their careless talk with oaths , but that they must often be perjur'd ? and which is worse , it prepares men for deliberate perjury : for with those who are accustomed to swear upon light occasions , an oath will go off with them more roundly about weightier matters . from a common custome of swearing ( saith hierocles ) men easily slide into perjury : therefore ( says he ) if thou wouldest not be perjured , do not use to swear . and this perhaps is the meaning of st. james , when he cautions christians so vehemently against common swearing , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( for so some of the best ancient copies read it ) least ye fall into hypocrisy , that is , least ye lye and be perjured , by using your selves to rash and inconsiderate swearing . and men expose themselves to this danger to no purpose ; oaths in common discourse being so far from confirming a man's word , that with wise men they much weaken it : for common swearing ( if it have any serious meaning at all ) argues in a man a perpetual distrust of his own reputation , and is an acknowledgment that he thinks his bare word not to be worthy of credit . and it is so far from adorning and filling a man's discourse , that it makes it look swolne and bloated , and more bold and blustring than becomes persons of gentle and good breeding . besides , that it is a great incivility , because it highly offends and grates upon all sober and considerate persons ; who cannot be presumed with any manner of ease and patience to hear god affronted , and his great and glorious name so irreverently tost upon every slight occasion . and it is no excuse to men that many times they do it ignorantly , and not observing and knowing what they do . for certainly it is no extenuation of a fault , that a man hath got the habit of it so perfect , that he commits it when he do's not think of it : which consideration should make men oppose the beginnings of this vice , lest it grow into a habit very hard to be left . nemo novit , nisi qui expertus est , quàm sit difficile consuetudinem jurandi extinguere , saith st. austin ; no man knows , but he that hath tryed , how hard it is to get rid of this custome of swearing : but yet it is certain men may do it , by resolution , and great care of themselves : for he that can chuse whether he will speak or not , can chuse whether he will swear or not when he speaks . major consuetudo majorem intentionem flagitat ; the more inveterate a custome is , the greater care should be used to break our selves of it . in short , this practice is so contrary to so plain a precept of our saviour , and by the breach whereof we incurr so great a danger ( as st. james assures us ) that it must be a great charity that can find out a way to reconcile a common custome of swearing with a serious belief of the christian religion : which i would to god those who are concerned would seriously lay to heart . especially , since this sin of all others hath the least of temptation to it . profit or pleasure there is none in it ; nor any thing in mens naturall tempers to incite them to it . for though some men pour out oaths so freely as if they came naturally from them , yet surely no man is born of a swearing constitution . all that can be pretended for it , is custome and fashion : but , to shew that this is no excuse , it is very observable , that it is particularly in the matter of oaths and perjury that the holy ghost gives that caution , thou shalt not follow a multitude to do evil . and lastly , it deserves to be considered , that this sin is so much the greater because of the frequent returns of it , in those that are accustomed to it . so that although it were but small in it self ( as it is not ) yet the frequent practice of this sin would quickly mount it up to a great score . . secondly , to represent the heinousness of the sin of perjury . but before i aggravate this crime , it is fit to let men know how many ways they may be guilty of it . st . when a man asserts upon oath what he knows to be otherwise : or promiseth what he does not intend to perform . in both these cases the very act of swearing is perjury . and so likewise when a man promiseth upon oath to do that which it is unlawfull for him to do ; because this oath is contrary to a former obligation . dly . when a man is uncertain whether what he swears to be true . this likewise is perjury , in the act ; though not of the same degree of guilt with the former , because it is not so fully and directly against his knowledge and conscience . for men ought to be certain of the truth of what they assert upon oath , and not to swear at venture . and therefore no man ought positively to swear to the truth of any thing but what he himself hath seen or heard : this being the highest assurance men are capable of in this world . in like manner , he is guilty of perjury in the same degree , who promiseth upon oath what he is not morally and reasonably certain he shall be able to perform . dly . they are likewise guilty of perjury , who do not use great plainness and simplicity in oaths ; but answer aequivocally and doubtfully , or with reservation of something in their minds , thinking thereby to salve the truth of what they say . and we all know who they are that make use of these arts , and maintain them to be lawfull ; to the infinite scandall of the christian religion , and prejudice of humane society , by doing what in them lyes to destroy all faith and mutual confidence among men . for what can be a greater affront to god , than to use his name to deceive men ? and what can more directly overthrow the great end and use of oaths , which are for confirmation , and to put an end to strife ? whereas by these arts the thing is left in the same uncertainty it was before , and there is no decision of it . for there is hardly any form of words can be devised so plain , as not to be lyable to equivocation : to be sure , a man when he swears , may always reserve something in his mind which will quite alter the sense of what ever he can say or promise upon oath . and this may be laid down for a certain rule , that all departure from the simplicity of an oath , is a degree of perjury ; and a man is never a whit the less forsworn , because his perjury is a little finer and more artificiall than ordinary . and though men think by this device to save themselves harmless from the guilt of so great a sin , they do really increase it , by adding to their iniquity the impudent folly of mocking god and deceiving themselves . and whereas it is pleaded , in the favour of mental reservation , that the whole proposition , as made up of what is exprest in words and of that which is reserved in the mind , is true ; for instance , if a man being ask'd upon oath whether he be a priest , shall answer he is not , reserving in his mind that he is not a priest of bacchus , or some such thing , the whole proposition is true , and then they say a man may swear to that which is true , without danger of perjury : this is of no force , because , though the whole proposition be true , it is deceitfull , and contrary to that sincerity which ought to be in an oath : and the end of an oath is hereby likewise defeated , which is to ascertain the truth of what we say : but if a man reserve something in his mind which alters the truth of what he says , the thing is still as doubtfull and uncertain as it was before . besides , if this be a good reason ; a man may swear with reservation in all cases , because the reason equally extends to all cases ; for if the truth of the proposition , as made up of what is express'd in words and reserv'd in the mind , will excuse a man from perjury , then no man can be perjur'd that swears with reservation : but this the casuists of the roman church do not allow , but only in some particular cases , as before an incompetent judge , or the like ; for they see well enough that if this were allow'd in all cases , it would destroy all faith among men . and therefore since the reason extends alike to all cases , it is plain that it is to be allow'd in none . thly . he is guilty of perjury after the act , who having a real intention when he swears , to perform what he promiseth , yet afterwards neglects to do it : not for want of power ( for so long as that continues the obligation ceaseth ) but for want of will , and due regard to his oath . now that perjury is a most heinous sin , is evident , because it is contrary to so plain and great a law of god ; one of the ten words or precepts of the moral law , thou shalt not take the name of the lord thy god in vain ; thou shalt not bring or apply the name of god to a falshood : or , as josephus renders it , thou shalt not adjure god to a false thing : which our saviour renders yet more plainly , matth. . . thou shalt not forswear thy self . for he seems to refer to the third commandment when he says , ye have heard that it was said to them of old time , thou shalt not forswear thy self , as he had done before to the th . and th . when he says , it was said to them of old time , thou shalt not kill , thou shalt not commit adultery . so that the primary , if not the sole intention of this law , thou shalt not take the name of the lord thy god in vain , is to forbid the great sin of perjury . and i do not remember that in scripture the phrase of taking god's name in vain , is used in any other sense . and thus it is certainly used , prov. . . lest i be poor and steal , and take the name of the lord my god in vain : i. e. lest poverty should tempt me to steal , and stealth should engage me in perjury . for among the jewes an oath was tendered to him that was suspected of theft , as appears from levit. . . where it is said , if any one be guilty of theft , and lyeth concerning it , or sweareth falsly ; he shall restore all that about which he hath sworn falsly . left i steal , and take the name of the lord my god in vain ; that is , be perjured , being examined upon oath concerning a thing stoln . and for this reason the thief and the perjured person are put together , zech. . . where it is said , that a curse shall enter into the house of the thief , and of him that sweareth falsly by the name of god. from all which it is very probable , that the whole intention of the d. commandment is to forbid this great sin of perjury . to deterr men from which , a severe threatning is there added ; for the lord will not hold him guiltless that taketh his name in vain ; that is , he will most severely punish such a one . and 't is very obseravble , that there is no threatning added to any other commandment , but to this and the second ; intimating to us that next to idolatry and the worship of a false god , perjury is one of the greatest affronts that can be offered to the divine majesty . this is one of those sins that cries so loud to heaven , and quickens the pace of god's judgments , mal. . . i will come near to you in judgment , and be a swift witness against the swearer . for this god threatens utter destruction to the man and his house , zech. . . speaking of the curse that goeth over the face of the whole earth ; god ( says he ) will bring it forth , and it shall enter into the house of him that sweareth falsly by the name of god , and shall remain in the midst of his house , and shall consume it , with the timber thereof and the stones thereof . it shall remain in the midst of his house , and shall consume it . this sin by the secret judgment of god undermines estates and families , to the utter ruine of them . and among the heathen it was always reckoned one of the greatest of crimes , and which they did believe god did not only punish upon the guilty person himself , but upon his family and posterity ; and many times upon whole nations , as the prophet also tells us , that because of oaths the land mourns . i need not use many words to aggravate this sin ; it is certainly a crime of the highest nature . deliberate perjury being directly against a man's knowledge , so that no man can commit it without staring his conscience in the face ; which is one of the greatest aggravations of any crime . and it is equally a sin against both tables ; being the highest affront to god , and of most injurious consequence to men . it is an horrible abuse of the name of god , an open contempt of his judgment , and an insolent defiance of his vengeance : and in respect of men , it is not only a wrong to this or that particular person who suffers by it , but treason against humane society ; subverting at once the foundations of publick peace and justice , and the private security of every man's life and fortune . it is a defeating of the best and last way that the wisdome of men could devise for the decision of doubtfull matters . solomon very fully and elegantly expresseth the destructive nature of this sin , prov. . . a false witness against his neighbour , is a maul , and a sword , and a sharp arrow : intimating , that amongst all the instruments of ruine and mischief that have been devised by mankind , none is of more pernicious consequence to humane society than perjury , and breach of faith. it is a pestilence that usually walketh in darkness , and a secret stab and blow against which many times there is no possibility of defence . and therefore it highly concerns those who upon these and the like occasions are called upon their oath , whether as jurors or witnesses , to set god before their eyes , and to have his fear in their hearts , whenever they come to take an oath : and to govern and discharge their consciences in this matter by known and approved rules , and by the resolutions of pious and wise men ; and not by the loose reasonings and resolutions of pamphlets , sent abroad to serve the turns of unpeaceable and ill-minded men ( whether atheists , or papists , or others ) on purpose to debauch the consciences of men by teaching them to play fast and loose with oaths . and it is a very sad sign of the decay of christian religion amongst us , to see so many who call themselves christians , to make so little conscience of so great a sin , as even the light of nature would blush and tremble at . i will conclude all with those excellent sayings of the son of sirach concerning these two sins ( i have been speaking of ) of profane swearing , and perjury , eccle. . , , &c. accustome not thy mouth to swearing ; neither use thy self to the naming of the holy one. a man that useth much swearing shall be filled with iniquity ; and the plague shall never depart from his house . if he shall offend , his sin shall be upon him ; and if he acknowledge not his sin , he maketh a double offence . and if he swear falsly , he shall not be innocent , but his house shall be full of calamities . and to represent to us the dreadful nature of this sin of perjury , there is ( saith he ) a word that is clothed about with death , meaning a rash and false oath ; there is a word that is clothed about with death , god grant it be not found in the heritage of jacob : for all such things shall be far from the godly ; and they will not wallow in these sins . from which god preserve all good men , and make them careful to preserve themselves ; as they value the present peace of their own consciences , and the favour of almighty god in this world and the other , for his mercies sake in jesus christ. to whom , &c. finis . iames by the prouidence of god, bishop of bath and wels, to all and singular arch-deacons, officials, parsons ... & al other eccelsiastical officers ... greeting whereas his maiesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted, containing the sum of the oath of alleageance, intituled, god and the king ... church of england. diocese of bath and wells. bishop ( - : montagu) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) iames by the prouidence of god, bishop of bath and wels, to all and singular arch-deacons, officials, parsons ... & al other eccelsiastical officers ... greeting whereas his maiesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted, containing the sum of the oath of alleageance, intituled, god and the king ... church of england. diocese of bath and wells. bishop ( - : montagu) montagu, james, ?- . sheet ([ ] p.). [s.n.], imprinted at london : . requiring the oath of allegiance to be taught in all schools. reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the 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be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oath of allegiance, . church and state -- great britain -- early works to . great britain -- history -- james i, - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion iames , by the prouidence of god , bishop of bath & wels. to all and singular arch-deacons , officials , parsons , vicars , curates , church-wardens , side-men , & al other ecclesiasticall officers , and to all teachers whatsoeuer within our said diocesse , greeeting . where is his maiesty , for the seasoning of all youth in their due alleageance , hath caused a booke to bee compiled and imprinted , containing the sum of the oath of alleageance , intituled god and the king : or a dialogue , shewing that our soueraigne lord king iames being immediate vnder god , within his dominions , doth rightfully clayme what-soeuer is required by the oath of alleageance . and to the end that the same may bee duely read and exercised within his said kingdome , hath by his highnesse letters patents , bearing date on the thirteenth day of march last past , commanded all arch-bishops , bishops , arch-deacons , officials , and all other ecclesiasticall officers and ministers whatsoeuer : that by publique act , edict , order , or such other waies and meanes as they shall thinke fit , they make knowne his maiesties royall pleasure to be : and further to take order that euery teacher , aswell men as women , teaching eyther in the english or latine tongues , within their seuerall diocesse within the said kingdome , eyther publikely or priuately , shall take care that euery scholler ( according to their capacity ) shall and may be taught the saide booke eyther in english or latine . and that all such teachers whatsoeuer , as shall refuse so to doe , shall by the bishop of the diocesse where the said teacher teacheth , be disabled and prohibited from teaching of schollers , vntill such time as they shall conforme themselues thereunto : and further shall incurre his highnesse displeasure , besides such other punishment , as by the lawes of this realme may be inflicted vpon them , for their said contempt of his highnesse royall commandement . and further by his highnes said letters patents , hath commanded all and euery arch-bishops , bishops , maiors , bayliffes , shiriffes , iustices of peace , officials , parsons , vicars , curates , constables , and all other the magistrates , officers and ministers , and all other his subiects of his said kingdome : that they and euery of them , at all times within their seuerall iurisdictions and places , doe further the vniuersall reading and exercise of the said booke . and that euery parson , vicar , and curate , respectiuely within their saide parishes , doe take care , and see that euery childe ( taught publikely or priuately ) be taught the same eyther in the latine or english tongue , as they may best sort with the capacitie of such children . aud that they and euery of them , be ayding , helping & assisting , in the due performance and execution hereof , with effect , as they tender his maiesties royall pleasure and commandement herein . these are therefore in his maiesties name , straightly to require all masters of families , and euery teacher , or teachers , men or women , priuate or publique , teaching eyther in the english or latine tongues : that they take such a speciall care , that all , and euery their youth , schollers , seuerally and respectiuely , may forthwith within the space of tenne daies next after monition giuen vnto them , by such as shall be authorised for that purpose , haue , read , exercise , and learne , and bee taught the saide booke ( order being already taken that there shall be a sufficient number of the said bookes in readinesse , in places conuenient for the buyer . ) and that the said bookes bee sold by such persons , or their deputies onely , as his maiesty hath thereunto authorised . and that they , nor any of the said deputies shall presume to take aboue the rate of sixe pence the booke , neither in latine nor english , the same being in octauo , within the said diocesse . and further that all persons , vicars , curates , church-wardens and side-men , doe at their ordinary day of appearance in any ecclesiasticall court within our said diocesse , quarterly present a true note of all their teachers , men or women within their seueral parishes , with the true number of schollers as euery such teacher teacheth , that their schollers may be furnished with bookes accordingly , together with the names of all such as shal refuse to conforme themselues thereunto . and also that all and euery the said parsons , vicars and curates , church-wardens and side-men , bee truely and faithfully ayding , helping and assisting , for the vniuersall dispersing and teaching of all youth whatsoeuer in the said booke , being vnder the age of xxi . according to his maiesties royall pleasure , and late proclamation , dated at theobals , the viii . of nouember last . commanding all his highnesse louing subiects , to obey such directions , and order , as by my lords grace of canterbury , my lords grace of yorke , and other the bishops of this realme shall be taken therein for the better accomplishment , and due execution hereof , according to his highnesse will and commandement . iames bath : & well : imprinted at london . . to the respective members of the house of commons, the humble application of the people, commonly called quakers approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the respective members of the house of commons, the humble application of the people, commonly called quakers england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] imprint from wing. a petition against the requirement to swear oaths. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng quakers -- apologetic works -- early works to . oaths -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the respective members of the house of commons , the humble application . of the people , commonly called quakers . wee the said people , being a member of that body which you represent , and concerned in trade and industry , and imploying many poor in the manufactories of this nation ; as also in contributing to the charge of the government according to our abilities ; do desire and humbly crave , that our liberties , rights and properties , may be secured to us and ours ; that we may no longer be exposed to unjust and vexatious suits , nor be a prey to ill disposed persons , who take advantage against us , to prosecute and ruine us , meerly because in point of tender conscience , we dare not swear in any case ; which is in obedience to the command of our blessed lord and saviour jesus christ , as we verily believe is our duty in this gospel-day ; but hold our selves obliged to declare and testifie the truth without oath , in cases wherein our answers and testimonies may be required . wherefore we humbly entreat your christian compassion in your favourable acceptance of our petition , which is , for leave to bring in a bill for our relief ; and so to consider our suffering-case , as if it were your own , and you in our stead ; that we and our posterities , may have cause to bless the lord on your behalf . mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army. and his remonstrance and proposals to the kingdome, shewing, that it is high treason, to compasse or imagine the deposition or death of our soveraign lord king charles. with the oath of allegiance to his majesty, taken by the parliament men, before their admission into the house as members. / by william pryn, of lincolns-inne, esq. prynne, william, - . [ ], p. s.n.], [london : printed in the year, [i.e. ] place of publication from wing. annotation on thomason copy: "jan: th". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- army -- early works to . oaths -- england -- early works to . monarchy -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no mr. pryn's last and finall declaration to the commons of england, concerning the king, parliament, and army.: and his remonstrance and prop prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. pryn's last and finall declaration to the commons of england , concerning the king , parliament , and army . and his remonstrance and proposals to the kingdome , shewing , that it is high treason , to compasse or imagine the deposition or death of our soveraign lord king charles . with the oath of allegiance to his majesty , taken by the parliament men , before their admission into the house as members . by william pryn , of lincolns-inne , esq. printed in the yeer , . master pryns declaration to the kingdome concerning the apparent danger of his majesties royall person , and the present proceedings of the parliament and army in order to the deposing of charles steward , their lawfull king of england , &c. gentlemen , and fellow commoners , vvhereas my self , and above members more being forcibly secluded from siting in the house of commons , by the officers of the army , i therefore held it my duty , to impart unto you these ensuing proposals . first , that by the common law of the realm , the stat . of e. . and all other acts concerning treason , it is no lesse then high treason for any man to compasse or imagine the deposition or death of the king , or of his eldest sonne and heire , though it be never executed , much more if actually accomplished , and that many have been arraigned , condemned , and executed , for such intended treasons in former ages , as the e. of arundell , and others , by judgment in parl. secondly , that in the oath of allegiance whlch you have all taken , immediatly before your admission into the house as members ; you do truly and sincerely acknowledge , professe , testifie and declare in your consciences , before god & the world , that our soveraign lord king charles , is lawfull and rightfull king of this realme , and of all other his maj. dominions and countries . thirdly , that your selves , among other members , have in above one hundred remonstrances and declarations , professed , both to the king himself , kingdom , world , & forraign states , that you never intended the least hurt , injury , or violence to the kings person , crown , dignity , or posterity ; but intended to him and his royal posterity , more honour , happinesse , gr●atnesse , and glory , then ever was yet enjoyed by any of his predecessors , that you have proposed no other ends to your selves , but the performance of all duty and loyalty to his maj. person , that his personal safety , honour , & greatnesse , are much dearer to you then your own lives and fortunes , which you do most heartily dedicate , and shall most willingly imploy for the maintenance and support thereof , that the parl. will ever have a care to prevent any danger which his majesty may justly apprehend to his person : with many other such like expressions . which , whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternal infamy , and breach of publike faith , as much as in you lies , let the world and all men judge ; as they will do in due season . the rule in the old testament is , not to take any wicked kings from their thrones , ●nd behead them : but ( rom : ● : , , &c. ) take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament . to be subject to kings , and the higher powers , and to submit vnto them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a quiet and peaceable life , in all godlinesse and honesty : for this is good and acctptable in the sight of god our saviour : not to depose or shed their bloud , for which there is no precept . and is not this plain way of god , the safest for you and the army to follow , yea the only short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the welfare of poor england . fourthly , remember , that no protestant king or state , ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or bloud of any of their kings and princes , much lesse of a protestant king or prince , of a temperate and sober life , as the king is ; who never imbrued his own hand in any one mans bloud , in any tyrannical or bloudy way before or since the warres ( for ought i can hear ) but only in a military . fifthly , consider , that the scots delivered the king to our commis. at newcastle , upon this expresse condition , that no violence should be offered to his person , &c. according to the covenant . how then can you un-king , depose him , or take away his life upon pretext of justice , which if you do , you ingage both kingdoms to war against you , and to crown the prince of vvales their king , as being next heir apparent . wil : pryn . a declaration touching the king . after mature deliberation upon the proceedings of the lord general fairfax , and the general councel of officers , in relation to the establishing of a firm and lasting peace within this bleeding , torne , and tottering kingdom , and the erecting of a pure and sound government according to the law of nature , and the fundamental laws of this realm , and after several conferences and disputations in order thereunto , divers of the presbyterian party frequented to westminster , and other places , where they had severall disputations and conferences with the officers , and other members of the army ; and after some debate upon the foundation , of the grounds and principles of the agreement of the people , the presbyterians declared a great dislike thereof , remonstrating , that it was not founded upon a firm rock ; to which objections , severall answers were made , for cleering such scruples and cautions , as seemed difficult to many ; and as for the person of the king , they further declared , that notwithstanding the present ordnance of attainder against his maj. yet they conceived it requisite and lawfull , that the prayers of the ministery bee still continued in every congregation throughout his maj. realmes and dominions ; desiring , that he may have a legal tryall , and that hee may not be degraded of his titles and honours : concerning which , be pleased to peruse this ensuing letter from holland , touching the degrading of his majesty . sir , we are here in a kind of amazement , to hear that your king should be designed for the grave before his time : believe it , there 's nothing more characterizes men wise in the opinion of the wisest meer man , then that they see a far off , not the plague of the body only , though that , but judgments somtimes for evildoing , somtimes for acting indiscreetly in matters that may be done . that which may lawfully bee done , it may be absurd to do at some time : the taking away life , which is that prized above all , by him that all account wise , is not just ( say some ) at any time , unlesse there be a law that makes the thing done death , and death to him that doth it : the supream power of england that forbids any to judge of treason in a constructive way , but themselvs have retaind in themselvs a power to judge such and such practises and endeavours to amount to treason or death . in particular , supose there were law , or it were in the power of the lords and commons to take awoy the life of the present king , yet if england , scotland , and ireland shal be made more miserable thereby in reason , and the waas renewed , to the probable ruine of the nations , and chiefly to those who pretend most to piety and justice therein , it were better not . that it 's dangerous this may be said : if you cut off , you must set up , vacuities of that nature suddainly introduce confusion : if you set up , it must either be a new king , or a new government ; if a new king , then the next of kinne , and if him , then let his ●complyance be what it will , his fathers death cannot bee ●orgot ; no , the danger of his mothers influence , who will remain in banishment , be easily got over , refuse he to come in , as it 's most like , he hath the afore-named written upon his brest , hesides his hereditary claim , his marriage , which no man that hath a purse , but will endowry with a daughter , raise an army of to restore a son in law , and make his daughter queen of kingdoms , which by reason of scituation , and inherent accommodations may ( well managed ) be the ballancing power of christendom . if any other , or a new government , the objections are the same , & all the line & that successively are made enemies to boot ; besides hath the parl. or army yet got so much love ? are they so deep in the hearts of the people , that they can assure themselves the newtrals , or those who have gone farre with them will quiesce ? but the answer is ready , we have an army that cannot be over come , neither by what can rise here , or come from abroad . so had alexander , but alexander was poysoned , and what then became of his army ? ruin approached . some wil boast they fear no colours , nor danger , for they have the swiftest horse in the kingdom ; but what if that horse stumble , and throw his rider : where 's the man , the horse wandering up and down , as the fed hauk for food , comes to the hand of a child ? hague jan. . the heads of the armies deolaration . that they were great promoters of the kings design . of promoting the kings design in scotland , obstructing the lord lisle , and promoting the l. inchequin . that they incouraged the force that was set upon the houses by the london apprentises , hindered and obstructed such things a● tended to the settlement of the kingdom , &c. that therefore to the end that there might be a speedy way for setling the same , they excluded them the house , and intend very speedily to send in the charge against them . finis . the case of the quakers concerning oaths defended as evangelical in answer to a book, entituled, the case of the quakers relating to oaths stated by j.s. whitehead, george, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the quakers concerning oaths defended as evangelical in answer to a book, entituled, the case of the quakers relating to oaths stated by j.s. whitehead, george, ?- . p. s.n.], [london? : . reproduction of original in huntington library. attributed to george whitehead. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng j. s. -- case of the quakers relating to oaths. society of friends -- doctrines. oaths -- biblical teaching -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the quakers concerning oaths defended as evangelical : in answer to a book , entituled , the case of the quakers relating to oaths stated by j. s. because of swearing the land mourneth , jer. . . printed in the year , . the preface . reader , if thou hast perused the said pamphlet against the people called quakers , entituled [ the case of the quakers ] we desire thee to read over this following answer ; but if thou art not pleased so to do , thou art requested ( according to the rule of equity ) not to entertain prejudice , nor to censure the said people upon the meer report and reproaches of their adversarys , it being unjust to pass a judgment upon a people without hearing them , upon the bare reports of their enemies . however , this disadvantage we are put upon in the eyes of the world , that our enemies will be our judges , and that at the instigation of the father of lyes . be pleased to take notice , that while our adversary scoffs at our plea , as that our conscience will not allow us to swear , he saith , we actually do swear , in as solemn and august a form as 't is possible for the tongue of man to express , in our saying , god , who is the searcher of hearts knows , that it is with a holy respect , &c. and thus he does not only render us to contradict our own doctrine , but also in like manner represents the apostle paul , as frequently confirming his sayings with an oath in these and such expressions , god is my witness ; i say the truth in christ ; i lye not ; the god and father of our lord jesus christ knows , that i lye not , &c. which were in his epistles to the saints , and not formal swearing on the four evangelists before the magistrates . howbeit he is mistaken in his reckoning these and such like words a most solemn and august form of actual swearing : and what can he argue from hence , but that paul most highly swore in his epistles upon a sacred account , therefore we ought to swear before rulers in courts ? which follows not , though he reckons we do swear in saying , god knows : but does not perswade the magistrates to accept of it for an oath , but rather vilifies us . however , herein we are not of his mind , that either the apostles or primitive christians did swear , or held it lawful ; for we make a difference between earnest affirmations , and swearing ; and they did really speak the truth in christ , unto which god was witness ; and this was in a state so n●arly related to god , as that of being in christ , wherein they could neither speak nor do any thing against the truth : but the state of the jews under the law was much inferiour to this , wherein their swearing by the lord ( as the chief judge and revenger of falshood and injury ) was in a more remote state , when they formally bound themselves by an oath , or conditional curse , which was a bond upon their souls , when they feared it ( as few do now who are in the swearing nature ) but there is no need for the true christians in christ to use imprecations , or to pronounce any conditional curse against themselves to bind their souls ; and we have not so learned christ , as thus to swear or curse ; but to say the truth in christ , unto which god is witness , which is not to swear the truth in christ , nor to bind our souls with an implicite curse in his name ( knowing also , that the penalty from god of all lyars is the lake of misery , as well as of false swearers ) for , where did the apostle paul say , i swear the truth in christ ? howbeit , if otherwise our conscience , as to our simple affirmation or denyal in yea or nay be question'd , we have proposed to those in power thus , that we desire and request , that you will be pleased to enact and provide , that in stead and place thereof , as the cases may require , our yea and nay may be accepted and taken ; and if we break our yea and our nay , which is christ's solemn form of sound words , and which is his gospel command , which we stand to and for , then let us suffer the same penalty as they that can swear , and break their oaths : this we have left to the serious consideration of those in power ; and not to the prejudice of malicious men , such as our opposer , who , like a busy body , hath vainly spent his labour against us . this is written on behalf , and in the person of the people of god called quakers , and their evangelical testimony , by some who are lovers of the said people , and the souls of all men. the case of the quakers concerning oaths defended as evangelical , &c. section i. of the nature and extent of oaths , not a property of true christians . let the serious reader judge , whether our opposer j. s. hath taken a christian way and method to convince us of error or not , by vilifying and railing , calling us monsters of men , impudent , obstinate and reprobate-minded men , as in his second and sixth pages ; and on serious examination of his matter , we shall find it as ineffectual for the same end , as in his first argument , to prove the lawfulness of swearing . he instanceth paul's saying , god is my witness , rom. . . i say the truth in christ ; i lye not ; my conscience also bearing me witness in the holy ghost , rom. . . together with cor. . . chap. . . gal. . . phil. . . thess. . . ye are witnesses , and god also . and these forms of speech he saith , are sacred oaths ; and that the definition of an oath in the common notion of mankind , is nothing else but the calling god to witness to the truth of what we say , p. . it appears that he varies , and is confounded about the definition of an oath ; for one while he saith , it is the invocation of god's name , a most solemn invocation of the divine majesty ; another while it is the denouncing of a curse ; p. . another while a man's calling god for a witness against his soul , daring him to his face , challenging the divine vengeance to do its worst in case he swear falsly , p. . now , reader , be pleased to observe , first , his variation and contradiction , between his saying , an oath is nothing else but a calling god to witness , and the pronouncing of a curse , daring god to his face , challenging divine vengeance to do its worst . as for the first , we cannot be convinced that it makes up a formal oath among christians , to whose testimony god is witness as he was to paul's . as for the latter , it is more then an oath , and savours of high presumption , unbecoming a christian-spirit , either to dare god to his face , or challenge divine vengeance . besides , if those very words of paul , god is my witness , make up a formal oath by him , then we ask , if his saying , my conscience bearing me witness , and ye are witnesses , doth not ( by the same reason ) make up a formal oath , by his conscience , and by those saints to whom he wrote ? and were not this most grosly to charge paul with transgression both of law and gospel ? whereas in a formal oath , as made amongst men , there is , first , swearing by the great god intended ; secondly , an imprecation or curse contained ; thirdly , some ceremony or sign used * besides the bare words of invocating or calling upon god ( or so help me god ) for that the same invocation may as well be used without an oath , even in our praying for god's help and assistance . the words , so help me god , or i call god to witness , may be used without any intent of swearing , as well as in an oath ; in desiring his help , and simply as owning him for witness to the truth spoken in christ , which , as such , is not an oath ; but when thus intended * viz. so let me have or want the help of god according as i speak the truth ; or so let god be witness , or judge for or against me : in this latter sense is an oath implying a curse ; as , let god be witness or judge against me if i speak not the truth ; but the bare words , so god help me , or god is my witness , or god knows i speak the truth in christ , i lye not , cannot be a swearing ( nor a formal oath ) without an intention thereof , or of an imprecation or execration implyed , as of old some time an oath of cursing was used among the jews ; and there are several sorts of oathes , and several wayes or ceremonies expressing formal swearing , as among the heathen , laying the hands upon the altar , and swearing by the gods ; * abraham's servant putting his hand under his thigh ; the angel lifting up the hand towards heaven ; among the professed christians , a laying the hand upon a bible , and kissing it , or swearing upon the four evangelists ( according to the pope's imposition . ) however , we taking the last , as the magistrates general sense of an oath ; the definition thereof is not so much the matter in controversie , as the lawfulness or unlawfulness of swearing among christians . his instance , that jacob swore by the fear of his father isaac , proves not that laban's simply saying god is witness , makes up a formal oath ; seeing he also said , this heap ( viz. of stones ) is witness between me and thee , see gen. . vvill any presume to say , that he swore by the heap of stones , which was a witness or a memorial ? his accusing st. paul , notwithstanding christ's prohibition , that he did frequently confirm his sayings with an oath ; is both a gross abuse of paul , and contradicts this man's confessing that he delivered the truth with great demonstration of the spirit and of power , and that by manifestation of the truth he commended himself to every man's conscience in the sight of god , cor. . , . cor. . . surely the demonstration of the spirit , and manifestation of the truth , was not swearing to every man's conscience ; for there was no need of swearing where the truth was so manifest among the saints . but to say , that paul did frequently confirm his sayings with an oath , renders him both of very little power , manifestation or credit , as a minister of christ among his saints and churches ( none of them excepted ) and them also to have as little knowledge and confidence of paul and his testimony . further , he varies between saying , god is witness , and mens calling him for a record against their soul ; where he brings augustine for a proof that paul swore in these words : if so , augustine is not constant to himself , nor with other fathers , particularly basil. on psal. . pag. . of his works , impr . at paris . where he saith , there are some speeches which have the form of an oath , which are not oathes , but are remedies for the hearer ; as the apostle to the corinthians , willing to shew his love , said , yea , or by your rejoycing , &c. for he was not disobedient to the doctrine of the gospel , who was intrusted with the gospel : but he gave a small word in the form of an oath ; that their rejoycing was most desirous to him he shewed by such a manner of speech . thus far basil , though we know the particle [ by ] is not alwayes a note of swearing . in his second argument he grants , that justice may be administred according to the rule of the gospel by the testimony of two or three witnesses , mat. . . but not of one without an oath ( as taking in god to witness with him ) where there is but one witness , as in the case instanced , exed . . , . however , that testimony of two or three witnesses may decide a controversie without an oath ; and where there is but one faithful witness , god is witness with him and for him therein , and hath a witness for him in men's consciences . and the law-makers ( to whom we have applyed , and not to such busie opposers as this agent against us ) have power to make provision for such a one as cannot for conscience sake swear , that his testimony may be taken instead of an oath , especially he being willing to undergo the same penalty that is due to perjured persons , if he be found false in his testimony , as we have proposed ; however , this opposer takes little notice thereof . and many in authority have confessed our proposition therein to be fair and sufficient , and not at all tending to obstruct the administration of justice , nor to patronize injustice , as is most falsly insinuated against us , pag. . in his third argument he asserts , that the spirit of christ in the old testament prophets did commend swearing by god , as that which was to be the practice of his elect servants in the christian-church , after his rejection of the jews and chusing the gentiles . answ. we deny this assumption , that they did so commend swearing , as a practice to continue in the christian-church among jews and gentiles ; for christ and his apostles prohibition of swearing at all , either by heaven or earth , or any other oath , was of an universal extent to both jews and gentiles that come to be of the christian-church , both forbidding such swearing , as the jews of old time used under the law , viz. by the lord ; and the apostate jews and gentiles swearing by idols , or the creatures , or any oath whatsoever . he attempts to prove his assumption from isa. . . and ye shall leave your name for a curse to my chosen ; that is ( saith he ) the people that i shall chuse from among the gentiles shall use your name in execration , when they have a mind to denounce a curse , &c. and this he brings to prove swearing a practice to continue amongst god's elect servants in the christian-church : and so he would perswade them , not only to swear contrary to christ's command , but to use execrations , and to denounce a curse when they have a mind , as he supposes ; which is contrary to christ and his apostles doctrine , who taught the elect to bless those that curse them , and to bless , and curse not ; for , to bless god and curse man ought not to be . in his fourth argument he saith , the spirit of christ , which was in the prophets , fore-told ; that in the time of the gospel the lord's people should swear by his name , as an evidence of their conversion to him . answ. this we also deny , together with his high applause of swearing , as an evidence of man's conversion in the time of the gospel , and as divine service and homage , and as denoting an eminent act of saving confession to god , and as a part of divine worship , and as a sign , witness and argument of egypt 's conversion , and the language of canaan , a pure language , which god promised to restore to all nations at the coming of christ ; yea , the condition of god's accepting men for his people , the condition of accepting us as sincere disciples , the way of god's people ; as may be seen in his th , th , th , th , th and th pages . all these high commendations he attributes to swearing by the lord ; as if all those that so swear must needs be such great converts , divine worshippers , attained to the pure language of cananan , highly accepted of god , sincere disciples in god's way , &c. mark here , swearing by the lord is this man's gospel , and the condition of all his felicity ; but such ignorance and silly stuff what rational man cannot see ? his proof is , isa . . and chap. . . in the first it is said , i have sworn by my self , the word is gone out of my mouth in righteousness , and shall not return , that to me every knee shall bow , every tongue shall swear . in the second it is said , in that day shall five cities in the land of egypt speak the language of canaan , and swear to the lord of hosts . there shall be an altar to the lord in the midst of the land of egypt , &c. here he applies swearing to gospel-times , so takes swearing as literally under the gospel , to continue , as under the law , but not the altar ; but confesseth , that the altar here specified is no other then that which st. paul mentions heb. . . we have an altar , &c. that is , saith he , christ's stable-throne of grace , p. . so that the altar he interprets figuratively under the gospel , but swearing literally ; see his confusion : whereas if the altar be christ's stable-throne of grace , then by the same reason he should have said , that by swearing is intended a gospel-confession , according to the apostle's own words , rom. . . where mentioning the prophets words before , instead of every tongue shall swear , he saith , every tongue shall confess to god. and likewise phil. . . and that every tongue should confess that jesus christ is lord , to the glory of god the father . it is not , every tongue shall swear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that jesus christ is lord ; but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , shall confess , the same word that is in rom. . . and with the mouth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is confessed , or confession is made to salvation ; and likewise in john . . every spirit that confesseth that jesus christ is come in the flesh is of god , there is the same word . he doth not make swearing that jesus is the christ , that proof ; nor commend swearing to god in the gospel , as an infallible mark of man's conversion , and the condition of god's accepting them as sincere disciples , as our opposer doth : for many both can and do swear by god , that never came to such acceptance , nor to such a confession of christ , as is to god's glory , which proceeds from a heart that believes to salvation ; for that no man can thus confess to god , or say that jesus is the lord , but by the holy ghost , cor. . . but many can and do swear without the holy ghost , therefore true confession is evangelical , and not swearing . it is true , confession from a believing heart is an evidence of men's conversion , and not making oath or swearing , which this man seems to confess appertains to common humane infirmity , p. . and what was that infirmity upon which swearing was occasioned under the law , but man's diffidence , jealousie or distrust , which if they had fulfilled the principal and royal law of love both to god and one another , there would have been no such occasion of distrust ? therefore swearing was neither moral , perpetual nor evangelical , as some suppose ; nor is it essential to the divine worship of god ( as this man vainly thinks ) which is in spirit and truth ; for that worship was both before swearing , and is performed without swearing . that god himself swore by himself , who could not swear by a greater , we deny not ; but if this must be made an argument , that therefore in this man may imitate god , who is his maker , we deny the consequence ; for this were to set up a creature in the creator's place : nay , as good an argument did the serpent bring when he said , ye shall be as god's , &c. to j. s. his saying , that to swear by the lord of hosts is to speak the language of canaan , that pure lauguage which god promised , &c. that pure and undefiled religion , which was at first revealed to man in paradice , p. . answ. first , that god promised to return to his people a pure language , we own ; and that they should serve him with one consent ; therefore they should not need to swear one to another , or be swearers under the gospel . secondly , nor doth he prove by scripture , that to swear by the lord of hosts was that pure and undefiled religion , which was at first revealed to man in paradice ; for this is to tell the world , that god taught adam and eve to swear to each other in the state of innocency , when there was no occasion of swearing . in his fifth argument to prove swearing in gospel times , the condition of god's accepting men for his people , such a condition , as upon the fulfilling thereof he will number them among his disciples , and account them his people that do , viz. learn to swear by his name , p. . for proof of this erroneous assertion he cites jer. . . and it shall come to pass , that if they will diligently learn the way of my people , to swear by my name ▪ the lord liveth , as they taught my people to swear by baal , &c. answ. this was in the prophets time ; and to be fulfilled under the law ; there is not the same reason for christians under the gospel , to swear by the lord to divert them from swearing by false gods , as there was in those former dayes : for those that had learned to swear by ball , viz. as baal liveth , by the life of baal , &c. p. . which was opposed by swearing , as the lord liveth , under the law , and now confessing his name , and making confession to his glory under the gospel . his telling us of a diligent learning to swear by god's name , and a learning this way of god's people , &c. p. , , . is , as if he should tell us , that to swear by the name of the lord is such a difficult and hard lesson , that men must be very diligent to learn it , and therein come into god's way and condition of acceptance ; when drunkards , lyars , dissemblers , &c. can easily and do frequently tread that path , and walk in that way of swearing both in and out of courts . j. s. saith , men may confess god in prayer and thanksgiving , and attendance upon the word and sacraments , and yet not glorifie him sufficiently in order to god's accepting of them as true worshippers , in order to his reputing them living stones fit to be laid in the walls of his house , the church , except to those who are mentioned ; and all other wayes of expressing their homage they add this of swearing by his name ; except they learn diligently withal to acknowledge his omnisciency , omnipotency , &c. by swearing by his fearful name : where this most solemn invocation is denyed him he esteems all other acts of invocation not serious enough to obliege him that tenders them to a sincere confession , pag. . answ. oh , what lamentable doctrine & sad work is this ! what is this but to tell the world , that they cannot acceptably confess god , nor sufficiently glorifie him , either in prayer , thanksgiving , attendance on the word , &c. unless withal they add thereto a swearing by his fearful name ? which is to teach or tell people , when they go to prayer , to church , or else-where , they must go there to swear ; and also in their attendance upon the word , while the minister is preaching the people must swear ; and from thence , the more they swear , the more they perform divine worship ; which therefore must needs be most effectually done where there is most frequent swearing , and ( as his words are ) daring god to his face . and then a farther abuse against god is , that without swearing by his name ( which he reckons a daring him to his face ) he esteems all other acts of invocation and prayer not serious enough to express a sincere confession : oh sad ! as if god did not regard a sincere soul and upright heart in his devotion without swearing ; or regarded not the sighing and breathing of the needy , when he is worshipped in the spirit and in the truth . again , j. s. in justification of swearing by the name of god , saith ; god esteems this as the highest and most august act of divine worship that the creature can possibly exhibit to him , and as that which eminently contains all others , and comprehends the whole condition of the gospel , all the wayes of god's people confessing to him ; and that swearing by god implies the whole worship of god , p. . answ. this is such a commendation of swearing as we never read of before ; and such a way of expressing the whole worship of god , and the whole condition of the gospel , as neither god nor christ ever taught him ; nor yet did ever god say , when he allowed swearing , that he allowed it as the highest and most august act of divine worship . but 't is to be considered yet , whether this highest act of divine worship , that eminently contains all others , to be administred by the laity to all sorts of people without distinction , be not the highest degree of prophanation ; or otherwise , whether the admistration thereof do make clarks of courts , ministers of the gospel and of the clergy as well as parish clarks , yea , or nay ? having taken notice of his high commendation of swearing by the lord , and the advantage he hath promised thereupon , as no less then god's accepting them that so swear as sincere disciples , and of his ingrafting them into his evangelical church ; now let us take notice of his threats against such as refuse to swear , or to learn this way of confessing god by swearing . it renders man obnoxious to the dint of his fearful doom ; i will utterly pluck up and destroy that nation ; and that god doth reject them ; and that he will not let them escape unpunished who will not learn to swear by his name in judgment , righteousness and truth they shall perish , &c. p. . but they that abide in the doctrine of christ and his apostles who said , swear not at all , they will not fear such threats ; nor do they value this man's vain flourish , boasting and reviling , nor his threatning familists , anabaptists , catharists , quakers with destruction , if they will not learn diligently to swear , contrary to what christ learns us ; and because of oaths the land mourns ; and god's hand and controversie is against such opposers of christ's doctrine and urgers of men to swear : does not christ say , i am the way , the truth and the life ? and must not we walk in him the new and living way , and obey his commands ? sect. ii. the end of swearing and oaths proved from the texts commonly urged by us . he undertakes the explanation of the texts we commonly urge against swearing , which are . mat. . . but i say to you , swear not at all ; neither by heaven , for it is god's throne ; neither by the earth , for it is his footstool ; neither by jerusalem , &c. but let your communication be yea , yea , nay , nay ; for whatsoever is more then these cometh of evil. and jam. . . but above all things , my brethren , swear not , neither by heaven , neither by the earth , neither by any other oath ; but let your yea be yea , and your nay , nay , lest ye fall into condemnation . for our urging these , he most grosly and falsly reflects upon us , as dealing with those texts as the devil did with that which he quoted ( he should have said cited ) to christ , mat. . . out of psal. . . leaving out in all thy wayes ; so these men , quoth he , wrest these portions of scripture , by making a stop at swear not at all , leaving out the words following , neither by heaven , &c. herein he abuseth us ; for first , we leave not out those words , as both ours and his own citation proves , see our case , p. . and his own book , p. ▪ secondly , we make no other stop but what the greek copies and translations have after swear not at all ; where [ neither ] a disjunctive follows , which he joyns in the same colon or member of sentence ; whereas in the greek after 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , there is a middle distinction , or severing of the members of the sentence , as likewise in the latine after omnino , and in the english after at all : more fully explained by james , swear not ; neither by heaven , earth , &c. nor any other oath ; which this opposer by his meaning endeavours to restrain only to swearing by those or any creatures , and also to irreverential and common swearing , p. . and lavish oaths , p. . voluntary rash oathes , p. . and to swearing rashly , prophanely , irreverentially , in our ordinary communication , p. . and in your common talk , p. . as if only these were forbidden in the texts before . but still he pleads for swearing by the lord reverently , besides the extent of the prohibition before , neither by any other oath ; as if this man should tell us , that swearing by the lord is no oath : who also presumes to tell us , here is nothing forbidden but what was forbidden in the law , when swearing by the lord was not only lawful but expresly commanded , deut. . . & . . all which is answered by christ himself , where he recites what was said in old time in this case of swearing ; as namely , it hath been said by them of old time , thou shalt not forswear thy self , but shalt perform to the lord thy oathes : but i say unto you , swear not at all ; neither by heaven , &c. but let your communication be yea , yea , nay , nay , &c. which makes it very plain , that here was more forbidden by christ then what was by the law , his words in this holding parallel with his very next words ; ye have heard that it hath been saith , an eye for an eye , and a tooth for a tooth ; but i say unto you , that ye resist not evil ; but whosoever shall smite thee on thy right cheek , turn to him the other also , vers . , . did not christ himself hereby forbid his disciples that kind of severe retaliation which was allowed under the law ▪ as he allowed divers and other things in condescension to the people's weakness , deut. . . matth. . , . luke . . and in this case of god's allowing the jews to swear under the law , where he said , thou shalt fear the lord thy god , and serve him , and shalt swear by his name , deut. . . this appears plainly to be a condescension to their weakness , and an obligation to prevent them from going after other gods , as is evident by the very next words ; ye shall not go after other gods , of the gods of the people that are round about you , vers . . this state was much below the evangelical state of the true christians , who in the love they bear to the lord are engaged to speak the truth in yea and nay without an oath , as christ & his apostles have taught . so the difference lies here , the jews when bound by an oath , they feared the oath , or the curse contained or implyed in it ( they swearing by the great god , as chiefly to be feared them , with regard to his power to judge and avenge , &c. ) and this was for a time some tye upon them , to prevent them from going after other gods. the true christians are bound in their consciences by the royal and evangelical law of love ( which was before swearing was , and takes away the occasion of oaths ) to serve god , and speak the truth every man to his neighbour without swearing . so that the disparity between the state under the law and that under the gospel lies here ; under the law , thou shalt fear the lord , and swear by his name : under the gospel , thou shalt so love the lord as to speak the truth , and confirm it in yea and nay , without being bound by an oath . now judge , serious reader , which of these do express more love , respect and honour to god ; whether he that 's bound by an oath not to go after other gods , and to speak the truth as fearing an oath and the curse ( which was the better use of oaths , which now few that use them regard ) or he that is bound in conscience to speak and do truth without an oath , whose word yea and nay is more binding to him , and of more value and credit then men's swearing , imprecations and curses ? and likewise between man and man and neighbours , which do express most love one to another and confidence in each other , they that will not believe one another without oathes and curses , or they that will ( like christians ) speak the truth , and believe one another's plain and simple yea , yea , and nay , nay , as christ and his apostle has commanded ? such are the true christians and people of god , as are come to the fulfilling of the evangelical prophesie ; surely they are my people , children that will not lye , and so was he their saviour , isa. . . and the remnant of israel shall not speak lyes , neither shall a deceitful tongue be found in their mouth . but to return to christ and his apostles express prohibition : but i say unto you , swear not at all ; neither by heaven , &c. nor by any other oath . hereby christians are so plainly forbidden swearing in any case , as christ forbids an eye for an eye , and a tooth for a tooth , or hating thine enemy , see mat. . , . or else , what coherence is there in his words , and what difference is there between the dispensation of the law and that of the gospel , if ( as this man sayes ) christ here forbids nothing but what was forbid in the law ? by which he renders christ as thus speaking , it hath been said by them of old time , thou shalt not forswear thy self , but shalt perform to the lord thine oaths ; and i say the same , instead of , but i say unto you , swear not at all . and likewsie ye have heard that it hath been said , an eye for an eye , and a tooth for a tooth ; and i say the same to you , instead of , but i say unto you , resist not evil , &c. and so this would make christ still leave his followers in the fighting revengful nature ; as this man's limiting his words for swearing as the jews did , renders christ as leaving his followers but still in the same common humane infirmity ( as his words are ) and weak distrusting and unsteady condition , as the jews under the works of the law were in , who were allowed to swear by the lord , as a prevention from running after other gods , and to remove jealousie or hard thoughts out of the minds one of another , as about the case mentioned exod. . , . upon the words , neither by any other oath , j. s. adds , swear not at all , by heaven , earth , or any other of those forms of swearing by the creature , that christ forbad the use of , p. . whereas the words of the apostle , who well knew the mind of christ , extend farther , as not only a forbidding a swearing by heaven or earth , but also by any other oath . but mark , how presently after this oath-vindicator hath opposed swearing by heaven , earth or the creature , he contradicts himself in the same page where he saith , he that swears by heaven , swears by him whose throne it is ; he that swears by earth , swears by him whose foot-stool it is ; because though god's name be not expresly mentioned in such forms of oaths , yet it is implyed ; and therefore we are not to use such forms in our common speech any more then the name of god himself , but in reverence , and in extreme necessity , p. . so that by this he allows of such a form as swearing by heaven or earth , that thereby they may swear by god that dwells therein ; when before they are not at all to swear by heaven , earth or any other of th●se forms : see what an eminent antagonist this is that undertakes to confute the quakers , and yet contradicts himself in one and the same page ; as much as to say , we may not swear by any of those forms , as by heaven or earth , yet we must swear by such forms of oaths , as by heaven or earth , that we may swear by him that made them and dwells therein , being his throne and footstool ; whereas it is confessed on all hands , that to swear by heaven or earth , or any other creature , is absolutely forbidden ; but swearing by the lord on a book or otherwise , is the matter in controversie . but this man further in his own contradiction saith ; as to the forms of swearing , whether god's name be expresly mentioned in them , or only implyed by mentioning some of his creatures with respect to him ; as when we call heaven and earth to bear witness to what we say , i do not find any difference between them , either in point of lawfulness or obligation , by the people of god or god himself in any age , p. . he finds little to purpose then , but what is to his own contradiction and confusion , that one while confesses it unlawful to swear by heaven , earth , or any other creature ; and another while finds no difference between swearing by heaven or earth without mentioning the name of god , and swearing by god himself : and yet in his second page , his definition of an oath is nothing else but a calling god to witness ; but here he hath found something else ; for an oath in his th page is , calling heaven and earth to witness . oh , what a labyrinth of confusion is this man in ! it is true , that christ reproved the scribes & pharisees folly and blindness in saying , whosoever sweareth by the temple , it is nothing ; but whosoever shall swear by the gold of the temple , he is a debtor : see his reproof upon them mat. . , &c. he also addeth ver . . he that sweareth by heaven , sweareth by the throne of god , and him that sitteth thereon . now this man in allowing such forms of oaths , as a swearing by heaven , &c. because therein , it is both a swearing by the throne of god and him that sitteth thereon , he represents christ as contradicting himself , who said , swear not at all ; neither by heaven , nor by earth , &c. so that he forbids both swearing in general , and using such forms of oaths as this man allows of , as a swearing by the throne of god , and by him that sitteth thereon . and we do not find that christ allows the scribes & pharisees to use any such form of oaths , as swearing by heaven , and therein by god , any more then he allowed them to swear either by the temple , or by the gold of the temple ; either by the altar , or by the gift that is upon it ; but rather reproves them with , ye fools and blind ; wo to you scribes and pharisees , hypocrites , &c. he is so far from telling them , that to swear by heaven , and so by god , was the most august act of divine worship , as this man hath affirmed ; and yet saith , we are not to use such forms but in extream necessity ; which in his sense is to tell us , we are not to perform the worship of god , or the most august act thereof , but in extream necessity : for he sayes , that swearing implies the whole worship of god , p. . and that he is not glorified sufficiently in order to god's accepting us either in prayer , thanksgiving or attending upon his word , unless we add swearing by his name : but who besides himself of the church of england will believe such doctrine ? by the same reason that god interprets it , as an affront offered to him when perjury is committed in the name of an idol , this man's idolizing swearing , as implying the whole worship of god , and as being the most august act of divine worship , god may justly interpret as an affront offered to him , and a depraving his worship , who was and is truly loved and worshipped in the spirit and in the truth , before mens oaths and swearing were , and when they are ended . j. s. alledgeth cor. . . saying , i protest by your rejoycing , or more properly , i swear ; for , saith he , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in that tongue is a note of swearing , and therefore makes the apostle say , i swear by your rejoycing . to which we say , first , let it be considered , whether their rejoycing was god their maker ; if not , as we know none holds , then whether this man hath not rendered paul highly a transgressor according to his own opinion , in making him swear by something that is not god , as also by the rejoycing of others ; for their rejoycing simply could but be an effect of grace , or of the spirit . secondly , though the adverb 〈◊〉 was sometimes used as a note of swearing among the greeks , yet not always ; for it is simply an affirmation , as coming of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , yea or truly , and is used when we are about to affirm somewhat ; see the lexicons . and some read the apostles words thus , verily i dye daily for your rejoycing , or our rejoycing , which i have in christ jesus . and likewise j. s. represents the primitive christians , who sufferd under the pagan persecutions the most exquisite torments rather then to swear by the heathen gods or the genij of the emperors ; yet by the health * of the emperors , tertullian assureth us they did ; and as saying , we christians swear by the health of the emperor , which is more worth then all the genij ; and by the majesty of the emperor : and also addeth , that the form of the military oath , which the christian soldiers took in constantine's time is thus laid down , by the majesty of the emperor , &c. and saith , that in such forms of swearing , though we name some creatures , yet we swear not ultimately by that creature , pag. . first , however tertullian represents these martyrs as swearing by the health of the emperor , and those afterwards by the majesty of the emperor ; the truth of the first is a matter in question , especially since swearing by a creature hath been accounted unlawful both among jews and christians ; neither can such an example ( if true ) be warrant to any to take such a form of oath , as by the health of a man or creature . secondly , neither is swearing by the health of the emperor any more warrantable ; and did not both these oaths savour of heathenism ? which if any esteemed christians , came under and took , it was more a condescension for fear then any example to be followed . and his saying , that though we name some creature , yet we swear not ultimately by that creature ; yet however , it implies a swearing in part by that creature : and how well this agrees with his accounting a lawful oath but a calling god to witness , or a swearing only by his name , let the ingenuous reader judge ; or with tertullian his sense of the said swearing by the health of the emperor , viz. per salutem imperatoris , salvum esse volumus quod deus voluit ; et hoc nobis pro magno juramento est : we acknowledge that emperors are set over the nations by the will of god , and what is by the will of god we will or wish that god may save ; and this to us is for or instead of a great oath . and the same we also will or desire , that is , the well-fare of caesar or the king , as acknowledging god's power or hand in setting him up ; for that promotion comes not from the east , nor from the west , &c. but from the lord , who putteth down one and setteth up another as he pleaseth . his accusing the quakers for wresting those passages aforesaid , we pass by among the rest of his slanders . but his confessing , that no people upon the earth were more scrupulously tender of taking solemn promissory oaths then the jews were at that time when our saviour gave them this prohibition , pag. . from joeseph antiq. l. . cap. . this makes for us ; for were not promissory oaths as well as assertory allowed under the law ? and if they were tender of taking promissory oaths , they were more fitted for christ's universal prohibition of oaths , as they were in some measure prepared for christ by john's baptism . he tells us , that the jews could swallow such camel-oaths as by heaven , &c. pag. . and is not he himself guilty of the same ? could not he swallow such camel-oaths where he allows the use of such forms , as swearing by heaven ; &c. because gods name is implyed ? and he that sweareth by heaven , sweareth by him whose throne it is , which he accounts lawful , pag. , . but in pag. . to swear by heaven or jerusalem are camel-oaths : what credit can this man's work against us be of ? he reckons that christ's words may be applyed to their stipulations by oath in their private contracts and mutual trading ; whenas christ's prohibition , as explained by the apostle james , is general ; but his applying it to an oath in private contracts , seems to grant , that christ did forbid something of this kind that was used under the law as well as in a publick manner : and there seems no reason why christ's words should be only thus applyed , unless men were more clear of corruption and fraud in private contracts then in publick testimonies ; or why christ's general words [ for whatsoever is more then these cometh of evil , or of the evil one ] should extend only to the private and not to the publick , appears not to us : however , they whom the evil one leads to lye for any self-interest , what credit is to be given to their swearing ? and is it not evident , how little the custom thereof sweyes with their consciences by the injury and injustice many suffer , and the long continuance of contests , law-suits and quarrels ? and a man would think , that there should be less need of swearing in the magistrates presence then in private covenants and contracts ; because it is the magistrates wisdom to search and find out the matter , and in his power to punish the false witness , and be a terror to him ; but in private only the fear and terror of god in men's consciences can restrain them from evil : however , what 's more evident , then that private oaths and covenants thereby between man and man were in use both before and under the law ; so that this man's deeming christ's prohibition to extend to an oath in private contracts between man and man , and yet reckoning , that he forbids nothing but what was forbidden in the law , we cannot but wonder at such wonderful and frequent contradiction . j. s. saith . applying christ's prohibition to solemn oaths , either promissory or assertory , or to any but common-discourse-oaths , makes christ a transgressor of the law. i tremble at the thought of this consequence , which as naturally flows from the quakers hypothesis as light from the sun , pag. . answ. he hath cause rather to tremble because of his own igrance and perverse talk , thus to tye up christ's prohibition so fully explain'd , in opposition to former oaths and swearing under the law ( even those to the lord , which surely were solemn and serious , neh. . . ) as also to the heathenish swearing by creatures , where he forbids his to swear at all ; adding , neither by heaven , nor by the earth , further explain'd by his apostle james , nor by any other oath ; and yet christ was so far from being a transgressor of the law it . self , or from causing an obstruction to all legal proceeding , or proclaiming an indemnity to thieves , murderers , blasphemers , and all sorts of injurious persons , or turning of hell loose in the kingdom of god ( as this man blasphemously words it ) that christ came not to destroy the law , but to fulfil it , in answering the end of it , as in this particular ; where swearing under the law was a kind of bond upon their soul to speak or do that which was right and just in the sight of god and men , the greater weight still was upon this then upon those words and ceremonies of swearing , which though christ ended swearing , and the law thereof , with many other circumstances , ceremonies and shadows ; yet he did not come either to stop justice or to indulge malefactors , he being the end of the law for righteousness ; and yet unto his own forbids some things the law allowed , as that , an eye for an eye , and a tooth for a tooth ; though he was for overcoming of evil with that which was good. j. s. pag. . alledgeth st. paul , as if he called witnesses to swear concerning him , in saying , all which the high priest and all the state of the elders can bear me witness : and in his apology before felix he challengeth his accusers to prove the matter of fact they accused him with , acts . neither can they prove the things whereof they now accuse me : and that in his answer before agrippa , he appeals to the testimony of those that knew him from his youth , acts . . to which he adds , that if he had thought solemn swearing to be unlawful by this prohibition of christ , he would rather have undergone a thousand deaths then tempt so many to make ship-wrack of their immortal souls , by calling them to that unlawful act , pag. . answ. this is a far fetcht consequence , and as far from proving the thing intended : for , first , it is an unlikely thing paul should call the high priest and all the state of the elders to swear that he had been a persecutor ; for then he must call many to be swearers : and it was sufficiently known abroad among the jews what manner of person he had been . secondly , neither can they prove the things whereof they now accuse me , was far enough from calling them to swear against him . thirdly , his admitting a bearing him witness , or the jews testifying concerning him , who knew his former manner of life , acts . , . did he therein call them to swear , in saying , if they would testifie ? the most paul allowed of was a bearing witness : if they would have sworn , it had been the rulers and their own act , who did not think it an evil , and therefore not so great to them , as to those that believe it is so . j. s. undertakes further to expound james 's words , but above all things , my brethren , swear not : he saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no-where else rendred in scripture above , but before , and it should be so here , pag. . and then he thus paraphases , let not an oath lie uppermost upon your heart , and come first of all , before all things out of your mouth , pag. . this is a kind of an easie meaning , but a plain perversion of the apostle's testimony , which does not allow of any such liberty at all for swearing as this doth , as if he only forbad swearing in the beginning of our discourses ; whe●as the prohibition is plain and positive , above all things swear not , neither by heaven , neither by the earth , neither by any other oath ; but this man will still have some other oath : so whether must we believe him or the apostle james , judge reader . and though we do not look on swearing as worse then adultery or man-slaughter , as is queried upon the words , above all things swear not ; yet doubtless the apostle saw the consequence of it might be bad , and sad enough , or else he would not so strictly have forbidden it to the twelve tribes . j. s. makes these the consequences of our sticking to the express command of christ and his apostle , viz. that paul's calling god to witness came from an evil spirit . that our saviour , as often as he said amen , amen , had those words put into his mouth by the evil one , pag. . to the first we say , no ; it was christ , the son of god , that spoak in paul , whose witness god is ; and the son 's simply owning the father for his witness we do not look upon as making up a formal oath . to the second ; neither can we own that our saviour swore as often as he said amen , or verily , verily , which was but a note of affirmation , and not of swearing , and more then yea , yea , nay , nay . again , he infers , that the elect angel which christ sent from heaven to communicate the knowledge of future things to st. john was inspired by the devil when he swore by him that liveth forever . answ. no , that he was not ; for he spoak as god's representative or ambassadour , having a peculiar commission , power and dispensation therein , which men may not imitate , which extended through the law and the prophets , in which the swearing was ; and wherein the angels were sent as god's messengers and representatives , ministring spirits and servants to the whole seed of abraham , and heirs of salvation , to whom god's promise was confirmed by an oath : and this was a vision represented in figures . his telling us , that christ prohibits the use of [ whatsoever is more ] to be intrinsecally evil , pag. . answ. though oaths when lawful , could not be accounted intrinsecally evil ; yet there was an evil that was an occasion of oaths , before permitted among the jews , as that of diffidence , jealousie , instability , liableness to run after other gods , and to do injustice , distrust one of another , &c. and as this man confesseth , common humane infirmity , ambiguity , pag. . and pag. . how plain is it , it was weakness , distrust and fear in abimel●ch , which was the cause of his requiring abraham to swear , that he would not deal falsly with him ; and a covenant with isaac , that he would do them no hurt ? gen. . . and chap. . . therefore christ's words are plain , let your communication be yea , yea , nay , nay ; for whatsoever is more then these ( that is , in affirming and denying ) cometh of evil , or of the evil one. and many things , ceremonies , circumstances and shadows under the law , that in themselves were not intrinsecally evil , did wax old , and grew out of use , and vanished , as the old covenant it self did , being accounted weak , insufficient and of a decaying nature , when a higher and more eminent dispensation was brought in , as that of the new covenant , which therefore to oppose ( with any of those inferiour things before lawful ) cometh now of the evil one. and j. s. his consequence and doctrine appears both gross , impious and antichristian , where he saith ; that if the christian-churches do not perform homage to the god of truth by swearing as well as blessing in his name , if their tongues do not as well swear as their knees bow to him , then the christian-people are not the people of the messiah ; and the messiah is not yet come , but st●ll to be expected ; then the blessed jesus is not the christ of whom the prophet speaketh ; but as the jews at his arraignment and their posterity blasphemously stile him , a deceiver and a counterfeit , pag. . answ. oh monstrous and blasphemous stuff ! first , thus insolently to attempt the engaging of the christian church to swearing as well as blessing ; yea , to cursing , and daring god to his face , challenging the divine vengeance to do its worst ( as before he hath defined an oath ) as well as blessing in his name , bowing the knee , or performing worship to him ▪ what people of a christian-spirit can believe this doctrine ? second●y , his rendering swearing such an eminent proof of demonstration of the messiah's coming , against the jews opinion of him , and as reasonable as to tell us , that the effectual means to convince the jews that jesus is the christ , is to swear that he is so , instead of the apostle's plain confession of him , that jesus is the christ , who preferred confession instead of swearing . again , his scornful talk of the reign of the quakers christ , and saying , that the quakers gloss defrauds god of his due homag , robs the king of saints of one of the prime jewels of his crown , presents the ever-blessed jesus in the form of an impostor ▪ and false christ , leads directly to the gulf of gross infidelity and denyal of christ , pag. . this is as wicked and blasphemous as his consequence before , and shews this man to be a most gross idolater in thus unscripturally applauding of swearing , as the prime jewel of the king of saints his crown ; whereas the king of saints and his servant have plainly forbidden swearing , which is not to make the gospel contradict the holy prophets , as to their spiritual intent and end ( which was to confess to god and to christ ) as is falsly inferred . and as falsly he represents the prophets , as saying , christ should teach his disciples to swear , the lord liveth : but where the prophets so say we are all to seek ; but not where they testifie against swearing , see jer. . . hosea . . chap. . . zach. . ● . zeph. . . eccles. . . but if swearing were that divine homage , or included the whole worship of god that is to be among christians , why is christ so silent in it and the apostles , as not expresly to command it , but on the contrary , expresly forbid it ? or if swearing were the most august act of divine worship , surely the apostle james instead of saying , above all things my brethren swear not , should have said , above all things my brethren swear ye . there was a time when the iews ●eared an oath ; but through the custom of swearing they run into false swearing : and though they said , the lord liveth , yet surely they swore falsly ; and because of oaths the land mourned , and this land mourneth . and therefore even in the prophets time oaths & swearing were testified against ; as , though thou israel play the harlot , yet let not iudah sin ; come not ye unto gi●gal , neither go ye up to b●thaven , not swear the lord liveth , hos. . . if it be said , that this forbidding to swear was because of their wickedness and prophanation ; we say , by the same reason we may now testifie against swearing , and for conscience sake cannot uphold the custom thereof , nor submit to the imposition thereof , though this man is not ashamed for all this abuse and prophanation , to urge and applaud it as the highest act of divine worship , and the condition of god's receiving people ; which , if it could be granted , as it is not , it only signifies thus much , that only the righteous , and such as are converted to god , must swear , and that upon a very sacred account , to god himself . now judge , serious reader , what the tenor of this man's work amounts to ; it is that righteous men must obliege themselves to god and adore him by swearing : what is this to swearing to men in litigious courts ? and what is this to the imposition of oaths we desired the parliament to remove ? under the law oaths were used in two respects , namely , first , to prevent and end strife among men ( and these both in private and pub●ick ) dly , ●o god himself , or between man and man , and man and god ; or swearing to man , and vowing to god : see gen. . . & . . & . . & . . & . . num. . . sam. . . & chap. . . king. . . neh. . . chap. . . now this man's work renders swearing by god in general to be the highest act of divine worship , which only they that are converted to god can perform in his sense ; and such none of the wicked or unconverted are capable to perform . judge whether this distinction be made in the usual practice of swearing ; or , hath this man taken so much pains with the magistrates as to instruct and warn them , not to impose oaths upon the unconverted , nor especially upon those excommunicated by the bishops ? for it needs must be granted on all hands , that they that are wicked and unchristian , prophane the name of the lord if they swear by him ; and they must needs partake of their sin who force them to it : and as for the converted and righteous , they are of credit ; and there is no need to force them to swear , being under a greater bond and covenant with god then that of oaths imposed by man , christ being to them their covenant and bond , the end of oaths under the law , and the substance of god's oath to the heirs of promise . so we leave this man's doctrine for all serious readers to judge of concerning oaths and swearing . as what an oath is , and concerning swearing , these are his affirmations . . it is an invocation of god's name . . nothing else but a calling god to witness to the truth of what we say . . a calling god for a record against their soul. . an execration or denouncing a curse . . an evidence of conversion to the lord. . divine service and homage . . an eminent act of saving confession . . one part of divine worship . . a sign , witness and argument of egypt's conversion to the lord of hosts . . the language of canaan , that pure language , which god promised to restore to all nations at the coming of christ. . that pure and vndefiled religion , which was at first revealed to man in parad se. . such a condition , as upon the fulfilling thereof god will number men among his disciples . . that confession of god , without which they do not sufficiently glorifie him , either by prayer , thanksgiving , attendance on the word and sacraments . . a daring god to his face , challenging the divine vengeance to do its worst in case he swear falsly . . that god esteems this swearing as the highest & most august act of divine worship that the creature can possibly exhibit to him . . that which comprehends the whole condition of the gospel , all the wayes of god's people confessing to him . . that swearing by god implies the whole worship of god. . that men ought to learn diligently to swear by the name of god , to learn this as the way of god's people . . to swear religiously by his name ( yet but in extream necessity . ) . that in the forms of oaths we are to swear by heaven , earth , &c. and call them to witness lawfully , because he that swears by heaven swears by him whose throne it is . . we must subscribe to this , that in such forms of swearing we name some creature . . that to swear by heaven , by jerusalem , &c. are camel-oaths . . that strong asseveration by oath , as a solemn invocation of god's name , is the celebration of the most august act of divine worship and adoration that can possibly be tendered to divine majesty . . that christian-churches ought to perform worship to god by swearing as well as blessing ; their tongues must swear as well as their knees bow . . that swearing is one of the church's strongest bull-works , one of those demonstrations of the spirit whereby the champions of the christian-faith have irrefragably proved that jesus is the prophets christ ; viz. because since the calling of us gentiles , we have worshipped the true god in swearing by his name . . that this swearing is one of the prime jewels of the king of saints his crown . . that the prophets say , that he ( christ ) should teach his disciples to learn to swear , the lord liveth . . that it is , and alwayes was the will of god , that oaths should be reserved and sequesterd to the service of god. thus having summ'd up this man's fruitless work for swearing , to make it conspicuous , we proceed to his accusations and aspersions in his third section . sect. iii. the anthorities and testimonies rescued . that some of the most eminent primitive christians , martyrs and fathers were of the same mind with us in their conscientiously refusing to swear , not only by the heathen gods , but also more generally in obedience to and pursuance of the doctrine of christ and his apostle james , before urged against swearing at all ; and that we have alledged examples pertinent for tender conscience , not only against swearing in particular cases , but swearing in general ; and have neither bewrayed the want of ingenuity or honesty therein , as most falsly and malitiously our antagonist hath asperst us : but that he himself hath bewrayed his own want of both ingenuity and honesty will appear , though those examples that we have alledged in this case are but a very few to those we could alledge . . about polycarpus , that eminent martyr , who was said to be the disciple of st. iohn the evangelist , and who suffered under verus the emperor , ann. . eus. l. . c. , . e●e . chro. . to our saying that he was demanded to swear by the emperor 's good fortune , or caesar 's prosperity , he absolutely denyed , and said , he was a christian ; j. s. answers , they interpret [ good fortune ] by prosperity , or as if this martyr could not swear by the emperor 's good fortune , but by his prosperity ; but for that he hath left us to seek for a proof . he adds , eusebius in the place quoted hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which the translation renders , jurare per caesaris genium , swear by the genius , the good daemon or good fortune of caesar , which form of oath polycarpus and the whole army of martyrs refused to take ; because that which the gentiles stil●d genij the christians know to be devils . a daughty argument ; polycarpus would not swear by an heathenish goddess , or their gods who were devils , therefore christians must not swear by the true god. reply , this he calls a daughty argument is none of ours , but his own consequence unjustly deduced against us ; for ours is , that polycarpus refused to swear as the heathen required , because he was a christian , for conrcience sake ; but j. s. thinks this not enough to prove that he refused to swear by the true god : and as he hath not proved this , so we do not think that he hath proved or can prove that polycarpus either could swear , or profered to swear by the true god ; for that was not required of him : therefore it was enough for him to refuse all the swearing that they required , and not to tell them he could not swear by the true god ; for that was not the matter he was called upon it is true , that polycarpus and those christian-martyrs , refused to swear by the good fortune of caesar , which is as we cited before . . but why makes this man such a difference between the good fortune of caesar , or caesar's prosperity ? he tells us , p. . that tertullian assureth us , that the primitive christians , who suffered under the pagan persecutions , who would not swear by the genij of the emperors , have sworn by the health of the emperors , tertull. apolog. c. . whatever tertullian saith of those christians , it doth not invalidate our particular instance of polycarpus , who was a more eminent martyr , and clear in his testimony then many others ; for what is more plain in ecclesiastical history , then that some christian-martyrs exceeded many of the more weak christians , both in their courage , valour , patience , nobility and clearness in bearing their testimony ? and we did not say , that all the former christians , martyrs and fathers since the apostles dayes refused to swear , as we do , but many did ; and therefore said , we have of many more given some instances and testimonies of such primitive christian-martyrs and fathers , &c. the case , p. . and also it s confessed , that the christians prayed for the emperor's health , and wished caesar's prosperity , which to them was instead of a great oath , tertull. ibid. and though j. s. would insinuate , that polycarpus did not refuse to swear upon the account of christ's inhibition , but the impiety of the form of the oath ; saying , that the true criterion was this , that the gentiles would have had the martyrs swear by the idols , but the martyrs would not swear but by the god of truth , pag. . see the man's contradiction to himself , and to what he saith tertullian assures us , viz. that without the least scruple of conscience they have sworn by the health of the emperor . oh strange ! and yet would not swear but by the god of truth : was there no difference between the health of a wicked persecuting emperor , and the god of truth ? if polycarpus had then profered , according to j. s. his account of those martyrs , viz. by the eternal god i wish or pray for the health of the emperor ; or else , if this would not have pleased his persecutors , when they urged him to swear by the fortune of caesar , he had then answered , well , i will swear by the prosperity or health of the emperor , probably he might have come off at a more easie rate then he did ; as many temporizers have evaded suffering in our dayes . but to proceed with polycarpus ; the proconsul urged him divers times to swear by the fortune of caesar : to whom polycarpus answered , if thou requirest this vain-glory , that i protest the fortune of caesar , as thou sayest , seigning thou knowest me not who i am , hear freely , i am a christian ; and if thou desirest to know the doctrine of christianity , appoint the day and thou shalt hear it . the proconsul commanded the beadle thrice in the midst of the theatre : polycarpus confesseth himself a christian : the multitude both of jews and gentiles inhabiting smyrna cryed with one voice , that polycarpus must be burnt quick ; upon which the multitude forth-with carried logs , and wood , and sticks out of their shops and bootks , but especially the iews served promptly ( after their wonted manner ) for that purpose , &c. see the account at large , euseb. l. . chap. . so it appears that both the out-ragious gentiles , who were for swearing by their heathen gods , and those hypocritical iews , who were commanded to swear only by the true god , both joyned together to murder this eminent and valiant christian-martyr , who would have taught the proconsul the christian doctrine , which contains an express prohibition of swearing ; and whose refusing to swear by the good fortune of caesar appears to be ( as he was a christian , from christ's prohibition ) with respect to him , as well as upon the account of the impiety of the form of the oath it self , though those furious heathens and envious iews were not fit to hear all his reason on that account . consider that irenaeus reporteth ( lib. . against heres . ) that polycarpus was not only instructed by the apostles , and conversant with many who saw christ ; but also of the apostles ordained bishop of smyrna — who lived long , and was very old , and at length finished this life with most glorious and most renowned martyrdom , when he had continually taught that which he learned of the apostles : and that he converted many of the hereticks unto the church of god , preaching the one and only truth received of the apostles . to which we add , it is not then probable that he should teach the iews doctrine , for swearing by the lord either to god or men ; much less that he taught men to swear by the health of caesar : but rather that he taught them as christ and his servant iames did , not to swear at all , by heaven . earth , or any other oath ; seeing he continually taught that which he had learnt of the apostles . . it is not probable he should so plainly contradict the apostle iames his doctrine , my brethren , swear not , neither by heaven , nor by earth , nor by any other oath ; as to say , my brethren , ye may either swear by god that you wish caesar's prosperity ; or otherwise , you may swear by the health of caesar the emperor , though not by his good fortune . for if he had thus taught , as this man implies of the primitive christians , he had taught quite contrary to the said apostle . and it s also said by irenaeus , there is extant an epistle of polycarpus unto the philippians , very profitable for such as are careful of their salvation , where they may know the true character of faith and rule of doctrine . and 't is said , polycarpus maketh mention hereof , ( viz. of ignatius , the martyr his epistle to the church at smyrna ) in the epistle under his name unto the philippians , writing thus , i bereech you all that you be obedient , and exercise patience , which you have throughly seen , not only in blessed ignatius , rufus and zosimus , but in divers of your selves , in divers of the apostles , and in paul , with the rest of the apostles , &c. now it is not likely that polycarpus , exhorting them so to obedience as to follow the apostle's doctrine and example , should yet hold it lawful to swear either by the health of the emperor , or by god , both contrary to the law and the gospel , and to the express doctrine and earnest admonition of the apostle james , jam . . it is also said , ( euseb. lib. . chap. . ) that polycarpus being at rome in the time of ani●etus , they both varyed among themselves , yet were they soon reconciled , neither was a●ic●tus able to perswade polycarpus that he should not retain that which he had alwayes observed with john the disciple of the lord , and the rest of the apostles , with whom he had been conversant . it is not probable then , that he should be perswaded not to retain christ and his apostles doctrine , swear not at all , neither by heaven , &c. nor by any other oath , to teach the christians that they might swear by the health of the emperor , &c. j. s's accusing the quakers with comparing the oath which the proconsul tendered to polycarpus , to that form of oath which is in use in this kingdom , and therewith aspersing the king and both houses of parliament with the crime of heathenish idolatry . these are both very malicious & false , for no such comparison was intended by us : there was no mention of that form of oath which is in use in this kingdom , but of that which was required of polycarpus by the fortune of caesar ( which was then their national oath ) which he could not swear for conscience sake , because he was a christian ; no more then we now can for conscience sake , because we are christians , and christ and his apostle have commanded us expresly not to swear at all . so that the comparison lies between his being oblieged in conscience as a christian , not to take that oath ; and our being oblieged in conscience to christ , and in obedience to his doctrine , not to swear at all , or take these oaths , because of christ's prohibition , there being yet a difference in the objects sworn by . ly , that ponticus and blandina , who were martyrs , and cruelly tormented to death by the heathens in france , in the reign of antoninus verus , ann. . refused to swear , being often urged , is plain , euseb. l. . cap. . and that they contemning the heathen idols refused to swear by them , is not denyed : but that they were bound in conscience to this refusal , only because of the impiety of the form of the oath , and not also upon the account of christ's prohibition , is deny'd by us , and not proved by j. s. for 't is probable enough it was on the account of both , they suffering both as christians who respected christ and his apostles doctrine , and so near the apostles dayes . besides , it was most necessary for the martyrs in those dayes openly to contemn and testifie against the heathen idols , in refusing to swear by them , being not called to swear by the true god ; without declaring , that basilides , who of a persecutor was made a martyr , who was a souldier , and of authority in the roman host , being required to give an oath in a matter concerning his fellow-souldiers , deny'd to do it , plainly affirming , he was a christian , and therefore suffered death about ann. christi . for this see euseb. lib. . chap. . and acts & mon. vol. p. . the matter here , so far as 't is cited j. s. cannot deny , and yet saith , i must make bold to set down the book which they have omitted , fox vol. . fol. . which is not true ; the book is set down before his eyes , but not all j. fox's words cited where he addeth , their oath then was wont to be by the idols and the emperor ; this is jo. fox's addition : whereas eusebius hath it more positive , thus , basilides being required of his fellow-souldiers to swear for some occasion or other , affirmed plainly , it was not lawful for him to swear ; for he said , he was a christian ; and he would in very deed protest or witness the same , see euseb. l. . c. . the truth of it is , we cannot see how to reconcile j. s's work , or to make it consistent with it self , or in history , that these primitive christians and martyrs could without scruple of conscience swear by the health or prosperity of the emperor , and yet refuse to swear by his good fortune , or that they could take such a military oath , even in constantine's time , as by the majesty of the emperor , and yet refuse to swear but by the god of truth , as he confesseth . his charge of wickedly falsifying authorities we return back upon him , as a slander ; and we doubt not to make it further obvious , that he is the man guilty . ly , our example out of the plow-man's complaint against the pope's breaking christ's commandment , in making a law to compel men to swear ; this j. s. confesseth comes home to the point , if the allegation be faithful ; but if this plow-man be chaucer jack upland , as by his stile he seems to be , i never read , saith he , that he was canonized a martyr , or dubbed a father of the church , though he be dad of english poets : nor do i think his romance will pass among rational men for good authority . repl. here this opposer savours more of one affected to popery , then with the plow-man's complaint against the pope . as for his guessing who penn'd that complaint , it is of little value , while he sleights and scoffs at the thing it self , more like one popishly affected then a real protestant ; however , whether the plow-man's complaint was penn'd by any martyr or father of the church or no , it was owned by the sufferers , as their sense in those days , and recorded among the martyrs testimonies for christ , & against the pope : and however he sleights or jeers chaucer , hath he not been owned as a witty wickliffian , and a witness in his method against the usurping clergy in his time ? ly . he sleightly shuffles off the instances of john wickliff , william swinderby , and the poor christians in those dayes , their testimonies against swearing , and against the pope and prelates compelling men to swear , &c. as if they were only applicable to oaths in contracts , or by any creature , or idly , &c. but he hath nothing against our citations , whereas what we have cited of william swinderby extends farther then this man's limitation ; as the th article against him was , that he should say , that no man ought to swear for any thing , but simply without an oath to affirm or deny ; and if he swears he sins , act. mon. vol. fol. . it s true , he answered to this . that men should not swear by any creature by the law of god ; but he further declares his mind and sense in his appeal from the bishop's sentence to king richard . and his council , in these words , whereas christ's law forbids swearing , the pope's law justifies swearing , and compels men thereto , act. & mon. vol. fol . [ note that in the former he speaks with reference to god's law , in the latter to christ's law ] which no doubt was the opinion of many more , as appears by the plow-man's complaint , which otherwise had not so been preserved and propagated as it was . and it appears from that doctrine received among the poor christians in this nation , that neither the pope , nor the prelate , neither any other ordinary can compel any man to swear by any creature of god , or by the bible-book , act. mon. vol. fol . which opinion among others their persecutors sought to make them renounce and abjure . by this it appears they opposed the popes compelling men to swear upon the bible book , wherein they also swear by the lord. by his saying , those martyrs that held that all oaths that be made for any contract or bargain were vnlawful . however , it was matter of conscience to them that so held , &c. it appears then , that they held something unlawful that was used of old time , both before and under the law , contrary to j. s. p. . for both before and under the law there were private oaths and swearing in some contracts and covenants between man and man , as well as publick before judges ; and if the martyrs testimony against the pope's compulsion reacht only private oaths , we ask , where did ever the pope's law compel men to swear in their private bargains between man and man ? and why are men put upon swearing in their account for their tyths , more then in their private contracts about them ? j. s. would seem cordially to concur with william thorpe's testimony , as being only against swearing by the book , by any creature , &c. whereas when william thorpe was demanded to kneel down , and touch the holy gospel-book , and kiss it , saying , so help me god , and this holy doom ; he argues largely against it , concluding thus , therefore to swear upon a book is to swear by creatures , and this swearing is ever unlawful ; adding further , this sentence witnesses chrysostom plainly , blaming them greatly that bring forth a book to swear upon ; charging clarks , that in no wise they constrain any body to swear , whether they think a man to swear true or false , act. mon. vol. fol. . see how plain it is that william thorpe's words were against swearing upon a book , by god , ( or as help me god ) and against forceing any body to swear true or false ; so that the said william thorpe did not only condemn the papists common swearing by our lady and other saints , but also their swearing upon a book in this form , so help me god and this holy doom , see act. mon. fol. , . now what chrysostom , whom he alledgeth , witnesseth in this case against swearing , is very plain and positive from the greek copy unquestioned , tom. . hom. . p. . ( passing that in his other , tom. homil. . if questioned ) where he saith , what therefore if some require an oath , and impose a necessity of swearing ; let the fear of god be more powerful then all necessity : for if thou wilt alwayes object such occasions , thou wilt keep nothing of those things that are commanded — what is more then yea and nay ? to swear , not to forswear , seeing none need to be taught that that is of evil , and not so much superfluous as contrary ; for that is superfluous which is added needlesly , which certainly is an oath ; if evil , how then was it commanded in the law ? — that is now adultery , which was then allowed — weakness required then — for unless those things had gone before , the other had not so easily been received — their vertue is now shown — swearing was permitted heretofore by the law , lest men should worship idols , or swear by idols ; it brought them to solid meat . what evil then is it to swear ? much without doubt — but now after so many arguments of power , but not then — we must study to do above the old commandment — unless your righteousness exceed , &c. some come so far short of it , that they refuse not only to swear , but even do forswear — if to swear be evil , perjury is great evil. with much more to the same purpose , his assertions and reasons being general , extending to all swearing ; and goes on to exhort and deter men from sleighting the command of christ. read the place at large . concerning elizabeth young , who was brought to examination in the marian dayes before the catholick inquisitors of heretical pravity , as they stiled themselves ; her refusing to swear j. s. confines to these reasons , first , because she would not betray her christian-friends . dly , because of the needlesness to swear whether she was a man or a woman , she affirming her self to be a woman , that being determinable without an oath by search : whereas her reason is more general then either of these two hinted ; for when dr. martin said to her , thou shalt be racked inch-meal , thou traitorly whore and heretick ; but thou shalt swear before a judge before thou go . to this eliz. young answered , sr. i understand not what an oath is , and therefore i will take no such oath upon me . dr. martin said , she refuseth to swear upon the four evangelists before a judge ; for i my self and mr. hussey have had her before us four times , but we cannot bring her to swear . then said the bishop , why wilt thou not swear before a judge , & c ? eliz. my lord , i will not swear that this hand is mine . no , said the bishop , and why ? eliz. christ saith , that whatsoever is more th●n yea , yea , and nay , nay , it cometh of evil see the relation more at large where it is quoted . observe that the reason of her refusing to swear was more general then j. s. relates : it was not only because she would not betray her friends , or because of the unnecessariness of the oath ; but because , first , she scrupled an oath it self , saying , i understand not what an oath is . dly , because of christ's saying , whatsoever is more then yea , yea , and nay , nay , it cometh of evil. and dly , it is plain she refused to swear upon the four evangelists and before a judge to a thing that was true. therefore j. s. hath greatly abused this sincere woman and martyr , in restraining her testimony against swearing from its general tendence . to our example of the waldenses professing it to be no way lawful for a christian to swear , whose defence bishop vsher undertakes in his book de successione eccl. c. . and of the christian-protestants in the valley of pi●dmount , who were cruelly tortured to death by the papists about anno . one article alledged against them was , that they believed it not lawful to swear any thing , be it true or false . to these j. s. answers thus , viz. i joyn these because these of pi●dmount are the relicks of the old waldenses , against whom this was wont to be charged by the papists , that they were wholy against all swearing ; in which point the arch-bishop of armaugh undertakes to vindicate them ; but how ? not by maintaining the opinion , but by proving it to be a calumny cast upon them by their adversaries . how true this account is , whether or no the bishop of armaugh did prove it a calumny cast upon the waldenses , that they profest it to be no way lawful for a christian to swear ; will appear by and by . in answer to j. s's allegation , where he addeth , that frier ni● . eymericus reckons this to be the third heresie of the waldenses , that to swear , whether it be before a judge , or extrajudicially in any case , is vnlawful , and a mortal sin : and their fourth heresie , that to swear falsly about confessing truth , or revealing their complices , is not vnlawful or a sin , but lawful and sacred . this , saith he , bishop vsher in the place forequoted , p. . on purpose to evince the slanderous pens of roman scribes from the incoherence of their calumnies , and from the extream vnlikelihood that they who h●ld it lawful in some cases to forswear , should hold it vnlawful in any case to swear . observe here , reader , he vindicates the waldenses , as not being of the opinion , that it was no way lawful for a christian to swear , from the papists accusation , that they held it lawful to forswear . so that this man still ( most dishonestly ) leaves that honourable people the waldenses , under that blemish of forswearing ; whereas if he had dealt h●nestly by them and bishop vsher , he should otherwise have cleared them from holding it lawful to forswear , for that they hold it unlawful in any case to swear ; as may be plainly seen by bishop vshers own account , de success . c. . pag. , . where he saith , the old german author , who wrote of the doctrine and behaviours of the waldenses , saith , that the occasion of this error ( viz. refusing to swear ) was , the frequent use of swearing for light causes , and because men fall into perjuries ; and addeth a quaint similitude , saying , that the hereticks who never swear , are like the devil , whom we never read to have sworn . but ( saith vsher ) they who have learned of christ , let your speech be yea , yea , nay , nay ; for whatsoever is more is of that evil one , mat. . . will judge the papists ( with whom the frequent custom of swearing for light causes is grown in use ) much liker this evil devil then the waldenses , who ( as is evident from the relation of the popish inquisitor ) used only to say , yea , yea , nay , nay ; avoiding a lye and an oath . and in the following page he sayes , but that these ( viz. the waldenses ) are as far from lyes and perjuries , as those false friers are from truth and modesty , i bring those two inquisitors cited in the said article for witnesses ; the one whereof writes thus of the leonists or waldenses , they are aware of detraction , and of scurrilousness , and of a lye , and of an oath : the other thus , in words they are cautious ; lyes , oaths , and all things that are naturally dishonest they avoid . to which may be added also a third , namely , that german which published a writing of the doctrine and behaviours of the waldenses ; they teach to avoid a lye , detraction and an oath . and so vsher argues thus , because their adversaries confess they avoid oaths , therefore to charge them with forswearing is an absurdity without truth or modesty . so that denying to swear is thus far commended , as that it clears them from the possibility of forswearing and customary-swearing ; wherein ( he sayes ) the papist , their adversaries , are more like the devil : and so is ours in lying ; for he perverts it thus in vsher's name . from their forswearing he argues their swearing ; whereas vsher defends them from forswearing by their not swearing at all . now whereas j. s. hath so plainly perverted bishop vsher , and abused the poor waldenses , and greatly vilified and upbraided us , saying , where are your eyes ? where is your conscience , who belye so many , & c ? we may ask this , j. s. where are thy eyes ? where is thy conscience , who hast not only most grosly belyed and abused us , but shamefully mis-represented the waldenses , and perverted bishop vsher ? and where must be our wit ( or any bodies else ) if we believe j. s. upon his bare word , perverting such an eminent author , so plain and obvious , which we desire the ingenuous reader seriously to look into and compare with both our account and his . we appeal to the ●ruth in all . whereas for example . j. s. only sets down erasmus , plato , maeander , antonius , hesiod , theognis ; and then answers , or rather quib●es , this ranking erasmus with heathen smells rank of the jesuits spirit : whereas he himself hath thus ranked erasmus with the heathen , rather then we ; for we have given a particular account of erasmus's testimony , only added the other afterwards , not at all either to undervalue erasmus , or to point him hanging between heaven and hell , as he saith , it is the jesuits device : but to let that pass . however j. s. seems to have no mean esteem for erasmus ; but whether he be real therein or not , will further appear , where he confidently saith of him , his judgment was far enough from the opinion of the quakers ; for where he speaks thus of the vnlawfulness of swearing , the vselesness of oaths , he speaks of swearing in our ordinary communication , as is manifest from that clause [ in your bargains ] ye need no oath , ye need no execration . observe here , reader , he restrains erasmus here to oppose swearing only in ordinary communication , and the like , and as before , far enough from our opinion ; and then addeth another untruth , that the quaker-apologist either ignorantly or maliciously omits that clause [ in your bargains ] both which are false ; for it was neither ignorantly nor maliciously , but because we had enough beside in general assertions and reasons , we cited against all manner of oaths , besides this particular he mentions . see further erasmus in his paraphrase on mat. . . having cited the ●ext he saith , among the jews only perjury is punishable — but the law of the gospel , that ye should be more sure from perjury , doth utterly condemn all manner of oaths ; that is not lawful to swear , neither by god , nor by those things which seem to the common sort to be of less religion . here both the assertions and the reasons are general , with several other clauses , some more particular , and others general , before he comes to the particular instance [ in your bargains ] ye need no oath , ye need no execration or cursing ; which particular cannot make void his general position and reason , both before and after ; to which we refer the reader to view at large . and likewise on his paraphrase on jam. . . he is as general and positive in asserting and arguing the case against swearing , thus , but especially , my brethren , swear not , lest by little and little you accustom your selves to forswear . among the jews and heathens for fidelity's sake there is an oath put between ; but among christians , which ought neither to distrust any man , neither be in will to deceive ; it is a vain thing : whosoever is accustomed to swear , is cousin german to the peril of forswearing ; be ye afraid not only to swear by god in humane affairs and in light matters , but also abstain from all kind of swearing , that you swear neither by heaven , neither by earth , nor any other thing that the common people esteem holy and religious . whosoever dare be bold to lye without swearing , he dare do the same also when he sweareth , if he list . he that is a good man will believe a man without swearing ; and that nought is will not trust a man if he swear : but among you that are furnished with gospel-like plaineness , there is neither place of distrusting , nor to imagine deceit ; but let your plain communication be regarded for no less true and stedfast then any manner of oath of the jews or pagans , how holy soever it be , &c. to our instance of augustin on psal. . & de mendacio , j. s. answers ; the very words here alledged evince , that st. augustine speaks of common swearing ; and that he must be beside his text , if from the old testament he infer the unlawfulness of all kinds of swearing . reply . augustine's words are plain and general , that we cited ; however he kept to the new testament text and to himself in other places we shall not at present examine ( if he did not , it should have been retracted by him ) but recite augustine's words more fairly then j. s. hath done . it is well that god hath forbidden man to swear , lest by custom of swearing ( inasmuch as we are apt to mistake ) we commit perjury : there is none but god can safely swear , because there 's no other but may be deceived . i say unto you , swear not at all , lest by swearing ye come to a facility of swearing , from a facility to a custom , and from a custom ye fall into perjury . observe here , reader , that both his positions and reasons are general , and his inference deduced from christ and his apostles own words against swearing , as erasmus's are . and we now must further cite augustine in the case ; see augustin serm. . ad competentes : let them not only abstain from perjury , but also from an oath ; because he doth not lye who saith , a man swearing much shall not depart from iniquity , and the plague shall not depart from his house , eccles. . augustin . de serm . dom . in monte , on the place in mat. . thus ; the righteousness of the pharisees is , not to forswear ; this he confirmeth who forbiddeth to swear , which belongeth to the righteousness of the kingdom of heaven : for , as he who doth not speak , cannot speak a lye , so he cannot forswear who doth not swear ( so he goes on to excuse paul for saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. and calling god to witness , &c. ) saying , that an oath is not of good things , or among good things ; but of evil things , or to be reckoned among evil things . and sayes , let a man refrain to use it , but upon necessity , for the infirmity of others , which is evil ; from which we pray , that we should daily be delivered . augustin . on jam. . de verbis apostol . serm . . perhaps it is only for god to swear , who cannot forswear . and so he goes on to shew how hard it is for men to avoid perjury . augustin . de mendacio retract . lib. . c. ult . he says , is obscure and intricate . to our instance of the albines in france , and mich. sadler , an eminent martyr in germany , that they held it was unlawful to swear ; and that one article alledg'd against him was , that he had said [ that men should not swear to , or before the magistrate . ] to these j. s. answers , your authors say only , that that charge was alledged against them ; but not , that it was proved . repl. neither do we read that the authors say , that that charge was denyed by them ; and then , what need was there of proving it before it was denyed ? to our alledging jerome , chrysostome , justine martyr against swearing , our adversary answers , viz. when you name the texts of these three fathers we shall examine whether you faithfully report them . we reply , let him examine then the report and citation already given of chrysostome : and now of the other two ( we hope , more faithfully then he hath done of b. usher and divers others . ) see jerome's commentary on mat. . on the place , swear not ; thus , this was granted as to little ones by the law , that as they did offer sacrifices to god , lest they should offer them to idols ; so they were suffered to swear by god , not that they did this rightly , but that it was better so to give it to god then to devils : but the truth of the gospel doth not receive an oath , seeing every faithful speech ( or every speech of a faithful man or believer ) is for ( or instead of ) an oath . justin-martyr . apolog. for christians , pag. . printed at paris , . summing up the doctrines of christ to the heathen emperor , sayes , he commanded us , not to swear at all , but alwayes to speak truth ; swear not at all , but let your yea be yea , and nay , nay ; for whatsoever is more comes of evil. as for walter brute in his testimony against swearing , is as plain , positive and rational as any of them ; see act. mon. vol. fol. . j. s. saith , as to walter brute , it is true , he affirmed what is alledged , but with protestation , that he would retract that opinion if he were convict of the error of it ; and accordingly did , upon conference with the bishop of hereford , submit himself to the determination of the church ▪ as appear● from your own author , fox v. . p. . reply , this is just the manner of the papists undervaluing the martyrs testimonies , by endeavouring to fasten retractations and recantations upon them ; and because this man has thus darkly and unfairly represented walter brute as so doubtful in that particular opinion against oaths , and so ready to retract it , be pleased , reader , to hear walter brute's own words in the page before cited , & how far he submitted in saying , i walter brute submit my self principally to the evangely of jesus christ , and to the determination of holy kirk , and to the sentence and determination of the four doctors , viz. augustine , ambrose , jerome and gregory . judge , we pray , what retractation is this : and should not our opposer have shewed us , where he retracted that opinion aforesaid against oaths , if he could ? or where ever he acknowledg'd himself convinc'd that this was an error ? his submission was principally to the evangely ( or gospel ) of jesus christ , which j. s. leaves out , as he doth [ holy ] before [ church ] we hope he will not charge w. brute , that he design'd a submission contrary to the gospel of jesus christ , being that principal thing without which the other could not determine . but we do not find that w. brute retracted any more in the words above , then he did sometime before , when he told the bishop thus , if any man will shew me that i err in my writing or sayings by the authority of sacred scripture , or by authority of reason grounded thereon , i will humbly and glady receive his determination ; but as for the bare words of any teacher , christ only excepted , i will not simply believe , except he be able to establish them by the truth of experience , or of the scripture . now consider , reader , that this was but a submission conditionally proposed , any more then the other ; and that some time after this he positively wrote against oaths , for which we refer thee to the quotations : and this conditional submission seems rather to argue his belief , that they could not convince him of error herein , no more then the bishop of hereford did , when he could not confute walter brute's exhibits on his own defence . and has it not been a common thing with many established in the truth , to propose such conditional submissions to be convinced , and receive information by or according to the holy scriptures ? for our parts , we do not find this man's representation of walt●r brute to have so much as a face of truth in it , or that he was either doubtful of , or did recant of that opinion charged against him by the publick notary , viz. that he held that it is not lawful for christians for any cause in any case , to swear by the creator , neither by the creature ; but rather that he was positive in this amongst his last testimonies against the pope and church of rome ; see act. mon. vol. ● . fol. . as for j. s. his conclusion , pag. . it savours both of scorn , and envy , and a persecuting spirit , that would instigate the king and parliament to afflict us , as if we were not conscientious in what we profess , but we knowing the contrary in our consciences , as being therein oblieged to christ and his command , we sleight our enemies flouts and revilings . to his saying , the order of middleburgh is no ways applicable to the quakers case , who have refus'd to pay church duties . the man seems herein wilfully to shut his eyes ; for the said order is very plain for liberty of conscience , and freedom from the imposition of oaths , unto those inhabitants who refus'd the taking the accustom●d oaths , and who instead thereof , proffered as the quakers do that their yea should stand instead of an oath , and the transgressors thereof be punished as perjured persons ; which with the advice of the governour and council of zealand was accordingly ordained and confirmed , that this peoples yea aforesaid should stand instead of an oath before the magistrates of the said city [ a noble president to our purpose ] obj. but the quakers have refused to pay church-duties , and thereby rob the royal exchequer , which is partly supplyed out of tenths and first fruits . to the first , of refusing to pay church-duties ; it seems he means tythes to the priests : and must we therefore not be allowed the liberty of our consciences , but be exposed to ruin , loss of estates and livelihoods , because we cannot pay tenths to the priests ? oh hard man and unjust judge ! that respects more the pope's yoak and antichristian imposition , then the lives or liberties of protestant subjects and true christians : and his implying an indulgence for us , if we did not refuse to pay the priests tythe , is like as to tell us , we may have the liberty of our consciences if we will be conformable : oh generous indulgence to such as need it not ! could our consciences serve us to conform , pay tythes , uphold priests , &c. what needed we make address for liberty ? his charge of robbing the royal exchequer is envious and false , shewing a persecuting spirit : the priests ●yth-barns are not the royal exchequer ; we cannot help to fill them : they demand tyths of us , not only of our lands , but of the fruits and encrease of our labours and industry ( a manifest extortion ) and their demand of them is as ministers of christ , and on a religious account , as claiming a divine right , in neither of which are we sati●fied , nor can we own either ; and we have reason to think , that the king is more merciful to them about the first fruits , then they are to us , and doth not so severely prosecute or strictly look after them as they do to us , having caused many deeply to suffer both in persons and estates , and made grievous havock by taking away and spoiling mens goods , driving away their cows , oxen , &c. many times more then the value of the tvthe , besides the sweeping away house-hold goods , and exposing many poor industrious families to ruin ; as also the many long & tedious imprisonments , which they have caused many to suffer in till death . but when have we refused to pay our civil-duties or taxes , being in a capacity , that is , out of bonds and sufferings , which have disabled many ? and if the king and great council of the nation were pleased to repeal those old laws inforcing the payment of tythes , and to convert them into some necessary civil use , as for the poor , or some national service and benefit , it would appear whether we should not pay our parts , and whether the royal exchequer would not be conveniently supplyed without the tenths from the priests . as for our desire of being exempted from taking an oath , because our consciences will not allow us to swear , to this our adversary adds , viz. when you actually do swear in as solemn & august a form , as its possible for the tongue of man to express , even then when you say , you dare not swear ; god , who is the searcher of hearts , knows , that it is with a holy respect to the reputation of christianity , the evangelical dispensation and to christ's express prohibition , &c. this person has given us various definitions of an oath ; of which he reckons that to say , god who is the searcher of hearts knows , is a most solemn & august form of swearing : but surely he egregiously misseth in this ; for at this rate of defining a solemn form of an oath , we shall scarce know how to mention the name of god in any serious or solemn way , either in prayer , thanksgiving , appeal to him either as witness for us , or singly as desiring that the truth may be discovered in any case ; but this must all be lookt upon as a most solemn and august form of swearing , if the name of god be but mention'd , when no swearing is intended , nor any imprecation or ceremony of an oath used : but how manifestly doth this contradict his granting , there may be a confessing the true god in prayer , in thanksgiving , &c. without swearing , in his counting such confession of god not sufficient or acceptable , except they add swearing by his name ; so that however the name of god may be solemnly confessed without swearing : and if on some weighty occasion a christian be moved to say , god knows i lye not , god is my witness : how can this be a solemn oath or swearing , when he neither intends it nor useth the ceremony of an oath , nor any imprecation or curse ? for there is a plain difference between a man 's earnestly appealing to god by way of imprecation , as the great judge of heaven and earth , avenger of injury and falshood ; and tenderly committing or resigning his cause unto god , that he may discover the truth ( being witness thereof ) to others , when it is or may be doubted or question'd : as in a case of moment , wherein i know & am sure the truth is on my side , while others may doubt or question me , if i appeal , commit or resign my cause to god ▪ ( as knowing him to be my witness therein ) it is singly with a desire , that he may enlighten their understandings , & bring them to know the truth of my cause ; and for that end i both trust him , and leave it with him ; and not at all with any ceremony of an oath , nor any imprecation , invocating of god for witness ( or judge ) against my soul ; for what need of that when i know i am clear ? what need i be under any such bond , as the fear of a curse to bind me to speak the truth , whenas i am both ascertained of and engaged in the truth , and my christian-reputation and soul's peace is naturally concerned in it ? and on the other hand , if any should wilfully or knowingly utter false things without binding their souls with an oath or conditional curse , that will not hinder the curse , judgment or reward of false swearers from coming upon them , nor secure the guilty . the end . notes, typically marginal, from the original text notes for div a -e * see gen. . . and . , . but our opposer hath brought us no scripture for kissing and laying the hand on a book . * iuramentum aliquod mente juratur . num. . . sam. . . * jurare aras . hor. gen. . . & . . chrysost. tom. . hom. . on mat. . oecumen . on jam. . pag. . hilary comment . on mat. canon . on mat. . . see the various readings in walton and the cr●ticks . * all of them did not so swear . see gen. . . & . . & . . & . . & . . num. . , . sam. . , . king. . . & . . euseb. l. . c. . eus. l. . c. . euseb. l. . c. . is there any probability or appearance of likelihood , that if the denyal of swearing had not been a received doctrine from the primitive christians , but the martyrs for the first three hundred years had sworn all along ? that the famous fathers in the succeeding ages of the greek church ( which was the less degenerated ) as , chry●ostu●m , basil , hilary , &c. should bring it in as a reviv'd doctrine against that which had been practised several ages ; without mention of the maintainers or abettors of the contr●ry ? and origen . iustin martyr , &c. even in those times of persecution , testified against swearing , which testimony was continued among the vvaldenses , who , as their adversaries say , continu'd from the primitive times . and vsserius de successione , cap . §. . ex botono parmensi , ci eth , humilia●i in nullo errabant , nisi quia condemnabant jurantes . of these he saye ; their original were in millan ; they were rejected of pope innocent . and pope lucius . chap. . §. . anno . agennenses , manichae●s , radul . ardens ita insectatur . tales sunt hodie haeret●●i manichai , quia s●●a haeresi patriam agennensem ma●ula●erunt , qui mentiuntur se vitem apostolorum tenere : dicentes , se non mentiri , nec omnino jurare . k. rich. . anno . they were about ann. . morl. hist. pag. , . erasm. para . on jam. . . august . on psal. . august . de mendacio . an. . act. mon. i●v . f. . fol. . fol. . william, by the prouidence of god, bishop of exeter, to all and singular archdeacons, officials, parsons ... and all other ecclesiasticall officers ... greeeting [sic] whereas his majesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted ... intituled god and the king ... church of england. diocese of exeter. bishop ( - : cotton) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) william, by the prouidence of god, bishop of exeter, to all and singular archdeacons, officials, parsons ... and all other ecclesiasticall officers ... greeeting [sic] whereas his majesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted ... intituled god and the king ... church of england. diocese of exeter. bishop ( - : cotton) cotton, william, d. . sheet ([ ] p.). [s.n.], imprinted at london : . title from first six lines of text. signed at end: william exeter. reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- government. church and state -- england. oath of allegiance, . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion william , by the prouidence of god , bishop of exeter . to all and singular archdeacons , officials , parsons , vicars , curates , church-wardens , side-men , and all other ecclesiasticall officers , and to all teachers whatsoeuer within our said diocesse , greeting . whereas his maiesty , for the seasoning of all youth in their due alleageance , hath caused a booke to bee compiled and imprinted , containing the sum of the oath of alleageance , intituled god and the king : or a dialogue , shewing that our soueraigne lord king iames being immediate vnder god , within his dominions , doth rightfully clayme what-soeuer is required by the oath of alleageance . and to the end that the same may bee duely read and exercised within his said kingdome , hath by his highnesse letters patents , bearing date on the thirteenth day of march last past , commanded all arch-bishops , bishops , arch-deacons , officials , and all other ecclesiasticall officers and ministers whatsoeuer : that by publique act , edict , order , or such other waies and meanes as they shall thinke fit , they make knowne his maiesties royall pleasure to be : and further to take order that euery teacher , aswell men as women , teaching eyther in the english or latine tongues , within their seuerall diocesse within the said kingdome , eyther publikely or priuately , shall take care that euery scholler ( according to their capacity ) shall and may be taught the saide booke eyther in english or latine . and that all such teachers whatsoeuer , as shall refuse so to doe , shall by the bishop of the diocesse where the said teacher teacheth , be disabled and prohibited from teaching of schollers , vntill such time as they shall conforme themselues thereunto : and further shall incurre his highnesse displeasure , besides such other punishment , as by the lawes of this realme may be inflicted vpon them , for their said contempt of his highnesse royall commandement . and further by his highnes said letters patents , hath commanded all and euery arch-bishops , bishops , maiors , bayliffes , shiriffes , iustices of peace , officials , parsons , vicars , curates , constables , and all other the magistrates , officers and ministers , and all other his subiects of his said kingdome : that they and euery of them , at all times within their seuerall iurisdictions and places , doe further the vniuersall reading and exercise of the said booke . and that euery parson , vicar , and curate , respectiuely within their saide parishes , doe take care , and see that euery childe ( taught publikely or priuately ) be taught the same eyther in the latine or english tongue , as they may best sort with the capacitie of such children . and that they and euery of them , be ayding , helping & assisting , in the due performance and execution hereof , with effect , as they tender his maiesties royall pleasure and commandement herein . these are therefore in his maiesties name , straightly to require all masters of families , and euery teacher , or teachers , men or women , priuate or publique , teaching eyther in the english or latine tongues : that they take such a speciall care , that all , and euery their youth , schollers , seuerally and respectiuely , may forthwith within the space of tenne daies next after monition giuen vnto them , by such as shall be authorised for that purpose , haue , read , exercise , and learne , and bee taught the saide booke ( order being already taken that there shall be a sufficient number of the said bookes in readinesse , in places conuenient for the buyer . ) and that the said bookes bee sold by such persons , or their deputies onely , as his maiesty hath thereunto authorised . and that they , nor any of the said deputies shall presume to take aboue the rate of sixe pence the booke , neither in latine nor english , the same being in octauo , within the said diocesse . and further that all persons , vicars , curates , church-wardens and side-men , doe at their ordinary day of appearance in any eeclesiasticall court within our said diocesse , quarterly present a true note of all their teachers , men or women within their seueral parishes , with the true number of schollers as euery such teacher teacheth , that their schollers may be furnished with bookes accordingly , together with the names of all such as shal refuse to conforme themselues thereunto . and also that all and euery the said parsons , vicars and curates , church-wardens and side-men , bee truely and faithfully ayding , helping and assisting , for the vniuersall dispersing and teaching of all youth whatsoeuer in the said booke , being vnder the age of xxi . according to his maiesties royall pleasure , and late proclamation , dated at theobals , the viii . of nouember last . commanding all his highnesse louing subiects , to obey such directions , and order , as by my lords grace of canterbury , my lords grace of yorke , and other the bishops of this realme shall be taken therein for the better accomplishment , and due execution hereof , according to his highnesse will and commandement . william exeter . imprinted at london . . a defence of the right of kings wherein the power of the papacie ouer princes, is refuted; and the oath of allegeance iustified. written for the vse of all english romanists; more especially, for the information of those priests, or iesuits, which are by proclamation commanded to conforme themselues, or depart the kingdome. by edvvard forset, esquire. forset, edward, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a defence of the right of kings wherein the power of the papacie ouer princes, is refuted; and the oath of allegeance iustified. written for the vse of all english romanists; more especially, for the information of those priests, or iesuits, which are by proclamation commanded to conforme themselues, or depart the kingdome. by edvvard forset, esquire. forset, edward, ?- . [ ], , [ ] p. printed by b. a[lsop] for nathaniel butter, and are to be sold at his shop, at the pyed bull, neere saint austens gate, london : . identification of printer from stc. a belated answer to two items by robert parsons, stc and stc . reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng parsons, robert, - . -- judgment of a catholicke english-man living in banishment for his religion. parsons, robert, - . -- treatise tending to mitigation towardes catholicke-subjectes in england. catholics -- england -- early works to . oath of allegiance, -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a defence of the right of kings . wherein the power of the papacie ouer princes , is refuted ; and the oath of allegeance iustified . written for the vse of all english romanists ; more especially , for the information of those priests , or iesuits , which are by proclamation commanded to conforme themselues , or depart the kingdome . by edward forsit , esquire . london , printed by b. a. for nathaniel butter , and are to be sold at his shop , at the pyed bull , neere saint austens gate . . to the most high and potent monarch , iames , of great britaine , france , and ireland , king , defender of the faith , &c. to the right reverend father in god , george , by the diuine prouidence lord bishop of london , my singular good lord. the whole church , and kingdome of england , ( right reuerend prelate ) hath a long time together taken notice of that continuall neerenesse , into which it hath pleased his maiestie ( who does all things vpon iudgement ) to admit your wisedome and faithfulnesse , in matters of aduice especially , which be most proper to your sacred function . which grace of your lordships with so wise and learned a prince , hath perswaded me , that as you were the fittest , so you would be the willingest to doe our great master this seruice ; for so i hope this office will proue , if your lordship wil be pleased , that this boke may by your hands haue accesse vnto his maiestie . it treats of a royall argument , and therefore ( euen of dutie ) to be dedicated to a king , as a thing due vnto caesar : and due vnto our king especially , whom god hath raysed vp in brittaine , as the fort royall of princes , to amate that tower of babel , that prowd castle of s. angelo . and therefore as his maiestie himselfe hath first of all , and best of all , written in this kind , and giuen the ablest directions vnto others to prosecute the argument ; so it might seeme presumption , if any thing of this subiect should come abroad without his royall assent . his maiesties example ( together with this gentleman 's owne zeale to the cause ) did at first , no doubt , encourage this learned author to vndertake this present worke , who as he still is by his place a iustice of peace , so hath he here done iustice vpon that sawcie medler with the rights of princes , parsons the iesuit , and those two seditious bookes of his , one comming our vnder the name of p. r. the other of a catholike gentleman , both which he hath here made to keepe the kings peace . the title will ( i hope ) find gracious acceptance , and the booke honourable approbation with his sacred maiestie . which hope of mine hath emboldened me to offer it vnto your good lordship , as a testimonie of my most hearty and humble thankfulnesse , for those fauors which i haue receiued from your goodnesse : the remembrance of which shall euer bind me to be at your lordships seruice most faithfully . nathaniell butter . to the reader . octavivs the emperour did rather chuse to violate the will of virgil , then to consume those laborious aeneids of his in the flames of obliuion . why then should not this example of his , excuse me from blame of the author of this following worke , for attempting to commit to the presse , and commending that to others in publike , which he but lent to me in priuate ? since good things are best knowne , by their vse ; and well considering , how acceptable it may prooue to our hopefull times . the end of his 〈◊〉 , when hee first began this treatise ( i am well assured ) was onely to satisfie his owne priuate iudgement , esteeming it ( through his too much modestie ) so farre vnfit for the publike view , as for the space of tenne or twelue yeeres since the finishing of it , hee suffered it to rest obscure , amongst his other priuate labours ; wherein his industrie and abilitie may appeare to be made yet more transparent , in his owne vnder-valuing of what hee hath so exactly performed : which comming thus accidentally to my hands , and viewing the matter it treated of , and the malicious slanders it retreated , i could not chuse but euen blame the vnkind author , that would haue made the very wombe of this his seasonable off-spring , the tombe , and giuen it at one and the same time both life and dissolution together . i haue therefore aduentured my endeuors ( without his knowledge , beyond his expectation , and i am afraid , against his desire ) for the publishing of that which i knew might prooue so vsefull : which remaining obscure , and in silence , neither should the cause nor the parsons be vindicated ; nor yet the soueraigntie of this antidote against that dispersed poyson , haue beene discernable , or serued for publike benefit . and though the man opposed be ( as i conceiue ) vncapable of defence , yet there remaine many of his labors , that like the vipers brood haue suckt a stronger poyson from his death . nor want there many of his iesuited disciples , who may yet doe him right , if they thinke him iniuried ; though it be true , vni caesari multi insunt marii . all i desire , is pardon from the author , vpon whose worth so well knowne , and loue so often tryed by me , i haue thus farre presumed ; not doubting , but the publike good that may ensue his owne labour , will ouer-sway his resolued retyrednesse . as for thy acceptance , i doubt it not , because the benefit is thine owne ; and accounting it reward enough to my selfe , that i am but the instrument of communicating this to others . farewell . f. b. particvlar matters discussed in this treatise . the occasion of this question concerning the popes power . the mitigations of p. r. touching the powder-treason . his mangling and omitting of my lords words . whether the pope cannot erre : with the manifold distinctions of the papists therein . how the true estate of the question concerning the popes power , is hidden by a cunning forme of words . whether this point be generally agreed vpon amongst catholikes , and how dangerous the same is to the state. how he minceth and mitigateth the matter in question . the true question , and how largely it extendeth . the reasons made for the position , and the same answered : and that there neither is , nor euer was , any standing authoritie to depriue kings . no reason for the popes power in nature . whether the vniuersall pastorship be instituted by christ , and what points must be prooued , before that come to be made good . the iesuites busie entermedling in state-affaires . the proofe from the word pasce oues examined , and baronius his expositions and inferences in this matter . other strange arguments for the popes temporall power . the pope no rightfull successor of s. peter , but wrongfully pretendeth his authoritie , or primacie . the pope no successor or imitator of christ. their distinction of authoritie , direct and vndirect , examined . what necessitie there is of this pastorall power , and how it is qualified . politike reaches in poperie , to aduance the authoritie aforesaid . the pope may reduce all causes to his cognizance , and how farre he may extend the power of seculare brachium , the sccular arme. the doctrine of the iesuits concerning the deposing of princes , holding that euen priuate men may destroy kings . p. r. yeeldeth vnto the point of the kings supremacie , in that sence as we doe accept the same . p. r. driuen to fall from that which he had yeelded . the pope and bellarmine will dislike as much of p. r. for yeelding to the kings supremacie of preseruation , as they do of m. blackwell , for taking the oath of allegeance . p. r. thought to be the author of the letter which replyeth to the apologie of the oath . he cannot yeeld supremacie in all causes , in his owne sense , and yet main aine the popes power of deposing . the maintaining of the popes temporall power , and the denying of the oath of allegeance , is all one . he ought to haue shewed particular matter to be disliked in the seuerall parts of the oath : the true cause why he doth not . his foure reasons , whereby he would proue matter of religion in the oath , be examined , and refuted . all limitting of the popes power , is not matter of faith. the allowing to the pope a power to depose the king , cannot stand with allegeance . a short answer ( consisting of two parts ) to the whole booke , written against sir edw. coke , concerning the popes authoritie in this kingdome . difference in the case of subiects vnder catholike kings & the subiects of this kingdome , & between the now subiects & those of former times vnder 〈◊〉 kings of england . the distinction of the popes authoritie , direct and indirect , 〈◊〉 . reasons to induce the catholike subiects not to refuse the oath that sundry papists haue taken the oath willingly : and that the gent. wrongeth them in making a doubt thereof . vpon any allegation of constraint by feare . that the law containeth not any compelling or vnlawfull meanes , to make any to sweare vnwillingly . that they haue also sworne faithfully : and that the equiuocating sence which the gent. deuiseth , was not vsed by them , nor ought to be vsed by any , being sencelesse , and against the oath directly . the gent. rage and threats , for enforcing of the oath . his theologie controlled , concerning the ministring of an oath vnto such , as hee that ministreth the same , suspecteth will forsweare himselfe . that amongst the papists , there be greater enforcements to make men abiure opinions , yea , vnder paine of death , as is confessed : and that the answer to maintaine the same by the title of ius acquisitum , is idle and friuolous . a wish for eternizing the memorie of the gunpowder treason , in answer of their anger for our so often iterating or vpbraiding to them that most abhorred conspiracie . finis . an examination of a position published by p. r. in the preface of his treatise , tending to mitigation , concerning the lawfullnesse of the popes power ouer princes : with a defence of the oath of allegiance . it pleased the right honorable the earle of salisbury , in his exactly written , and necessary published answer , to certaine scandalous papists prouoking him by occasion , and in fashion vnsufferable , to protest against the insolency and malignity of the romish church , out of the bosome whereof so many treacheries , conspirases and immanities of the foulest kind , haue bin vented into the world , tending to ouerule or ruinate whatsoeuer authority , not submitting the necke to the yoake of that vsurping power ; in the very first passage of that his appologetticall declaration ( which enuie it selfe could not passe ouer without attribution of highest praise ) hee was carried ( by the contemplation of so many dangerous designes , and complotting practises , dayly pretended and contriued against the safetie and dignitie of temporall potentates ) to a more vehement expressing of himselfe in the zeale of words following . i haue been a long time sorry , that those which imploy so many seditious spirits dayly to instruct the vnlearned catholikes , in these mysteries of deposing princes , haue not by some publike & definitiue sentence orthodoxall ( in which it is supposed , the pope cannot erre ) made some cleere explication of their assumed power ouer soueraigne princes , as not onely those which acknowledge his superioritie might bee secured from feares and iealousies of continuall treasons , and bloody assassinates against their persons , but those kings which doe not approoue the same , and yet would faine reserue a charitable opinion of her subiects , might know how far to repose themselues in their fidelitie , in ciuill obedience , howsoeuer they seem to be deuided from them in point of conscience . to which his lordsh. so honourable desire , this good father offereth and endeauoureth to giue satisfaction . aman ( if we mistake not his sheepemarke ) of some fame , and note of that side , placed in a degree of preheminence , graced with more then ordinary gifts , confidently conceited of himselfe , and daring to vndertake matters of highest nature ; not withstanding , obseruation is made of him that his boldnes much ouerbalanceth any other his best worth . his said preface of the importune exasperations vsed by diuers to increase our diuision and disagreement about matters of religion is very presumptuous , and altogether censorious , wholly spent in taxing and traducing not onely the particular speeches , or writings of some especiall men of excellent desert in this state , as if whatsoeuer they haue vttered out of the abundance of iust griefe in detestation of the late execrable treason , did wholly proceede from exasperation , exulceration , aggrauation , exaggeration and calumniation , ( for in those high sounding tearmes he beareth his stile aloft ) but also the administration of iustice , the vprightnes of our regiment , the newly enacted penall lawes , as making the state of english catholikes vnder protestant gouernement more miserable and intolerable , than that of the iewes vnder any sort of christian princes , that of the grecians , or christians vnder the turke or persian , or that of bond subiects , vnder the polonians , suetians , and muscouites , onely he confesseth that in two mens writings he findeth more moderation . the one is his maiestie in his speeches , both in parliament , & in proclamations ( whereunto yet he giueth some dash or wipe of exception ) the other is my lord of salisbury in his said answer , to that fond menacing letter , or rather franticke commination which yet ( hee saith ) wanteth not his sting , piercing euen to the quicke . after hee hath thus throughout his many licentious leaues , braued it with exorbitant and exulting phrases , at the last , he falleth in hand with this piece of doctrine occasionally drawne thereunto by the consideration of his lordships said desire , and ( forsooth ) he is the man that must instruct and settle my lords iudgment by his profound resolues , seeming to be moued with pitty , that his honour ( in a matter not appertaining properly to his facultie or profession ) hath beene misled or misinformed by his diuine . before he lancheth into the maine of the matter , he disposeth himselfe malepertly , to make a crosse , or quaere , of the truth of such threatnings and scandalls expressed in the said leters . for ● he pauseth vpon the matter , with his parenthesis ( if any such were ) and after infinuateth his suspition that the same came from the forge of some such as ( altogether with a blowe , to be thereby giuen to all catholikes ) had a desire to draw foorth from his lordship , &c. it seemeth that these laques of the romish faction are very frequently acquainted with such fictions , what destinie can be more disasterous then that the credence , so publikly deliuered by so honorable a person of his place , and eminency in the state ; and of such vnspotted integritie , in the carriage of all causes , and otherwise to bee sufficiently testified also , by the concurrence of sundry mens particular knowledge , must vndergoe the girds and glances of his misdoubts and questioning curiositie ? but leauing the cauilling fellow to his maleuolent surmises ; i will now come to his other presumption , whereby hee vndertaketh to assure and satisfie my lord of the doctrinall position , of deposing soueraignes , wherein ( albeit i well know , that his honour is most able with his sharpe enquirie , and iuditious discerning , to looke into all the secretest corners and hiding places which he can contriue , or reserue in this cause , nequae forte lateat intus garrula cornix , yet not knowing whether his lordship out of his many other most waightie affaires can affoord vnto this vain discourser so much losse of time , as but to read his so idle , & frothy stuffe . i humbly aske leaue of his lordship , 〈◊〉 my meanenes , and weaknes may make aduenture to take him in hand , to charge him , and combate him , in this so high and most important controuersie . but before we come to the core of the question , let it be obserued what good cause he hath to pleade for mittigation , and how well he acteth the part of a mittigator . in the mention which hee maketh of the late powder plot for the suddaine , and vnrecouerable subuersion of our gratious king , and the whole state at once , ( the very cogitation whereof , is as full of horror , as the perpetration thereof , would haue beene of treachery , and atrocitie ) what fit or equiualent tearme hath his mild , and mittigating spirit , deuised to expresse or paint forth the hainousnes thereof ? he doth twice ( for fayling ) iterate vnto vs that it was the temeritie of a few . he could not haue chosen a more easier , or more abating word , if he had beene , to reprooue them for some small misdemeanour against a petty constable : can it be otherwise thought , but that this artist , and tradesman of words , did out of his inclination , and tendernesseof heart , sort out of the gentlest tearme he could find , lest he should seeme too sharpe and sore against them . doth he imagine by such his initigation to persuade the king and realme to tolleration ? the kings councell , learned at the law , in the dinotation and amplification of that vnspeakeable conspiracy , finding it to conteyne so many treasons in one , declared the same to be , as sine exemplo , & sine mode , so also sine nomine . now this rhetoricall father could haue taught them all to haue framed the inditement vpon his so proper name , the treason of temeritie . i can hardly endure his other word ( few ) sauouring of the like mittigation also , yet i know that i shall euen madde him , in telling him the very troth of my thought . hee sayth , that to extend and draw out the hatred and participation of that fault to others of that religion , yea vnto the whole multitude , is a matter of exorbitant iniustice and vntemperate malice . i confesse that he hath herein some aduantage , both by the admirable goodnes and clemency of so louing a soueraigne that suffereth not iealousie to out trunne proofes , and by the deffect of discouerie of the degrees and depths of that designe . yet ( if it bee but to crosse him in the conceit ) hee carrieth , fronting the same in the stile and inscription of his booke . that it is not vnpossible for catholikes and protestants to liue together in dutifull obedience and subiection vnder the gouernment of his maiestie . ( i will let him know ) that for my part , i did long since make it euen an article of my beleefe , that the like plot was rightly to be resembled to the trayne of powder ; wherby it was to haue had his execution , for as one corne thereof would haue fired another , carrying the flash along , till the whole should ioyne together in full force . so vndoubtedly , the maine corps of papacy within this land would haue beene stirred vp being laid in order and prepared by those wicked traynors , and leaders , according as they had contriued , the fire of their treason and rebellion to catch hold , & flame forth . and it may sooner be feared , then it can be known , that ( besides the few powder cornes ditected and disappointed ) there was a longer and stronger traine , yea great and mighty barrells , that would haue beene combined to haue wrought the generall combustion , and dissipation of the whole state . i will rest this point with prayer , that ( howsoeuer there may be vse or necessitie to trust vnto their faithfulnes ) yet that there may neuer be opportunitie , or meanes giuen them for the triall of her infidelitie , and disloyaltie . an other tricke of his running in mittigation , is shewed in the mangling and mincing of the sense and feruency of his lordships speech , hee wholly pretermitteth that part of the recited sentence , which by charging them to haue imployed so many seditious spirits to instruct the vnlearned catholikes in the mysteries of deposing princes , doth the more vrgently presse them by a iust account to make good the causes of such their mischieuons and detestable proceedings . shall i coniecture at his conceite in concealing or withdrawing of these words ? be felt the same to strike into his sides the spurre of guiltines , by the remembrances of his owne notorious offences : who for many yeares hath beene thought a busie instrument of enkindling the simple and deuoted catholikes with the spirit of sedition , and hath beene a detected confederate in the trayterous agences , wherein his subordinate iesuites hath beene so disloyally imployed . wherefore ( though he had no great liking to heare againe the sound of such words , as must conuey an accusing sting into his conscience , yet he thought to lay it heauy vpon him ( as a charge that hee might not well auoyde ) to set forth ( by declaring of the papall right ) some seeming shew in iustification of his owne and his complices , vndue & disloyall dealings . in the rehearsall of the same sentence , he maketh one other omission of these words , inclosed in a parenthesis ( in which it is supposed the pope cannot erre . ) this prero gatiue point of the popes new erring iudgement , hee hath slyly passed by , as not willing to rush vpon that rock , vpon the firmenes and stabilitie whereof , their whole church is bailt , this opinion ( as his lordship truely deliuered ) hath for some ages passed beene receiued , and stifly maintayned by the fawning hindes of the pope , that hath beene accustomed , tribunat romanum lambere , but this good mitigator , finding no coulerable defence against many and wayty arguments , whereby such the transcending exaltation bestowed one his holinesse , is vtterly deiected and ouerthrowne , hath no great liking to passe his affirmation , and assent to that doctrine , which the powers of his wit and learning , is not able to vphold . nay hee hath in this controuersie taken an head , and singled himselfe from the common catholikes , closing hands in conclusion with the protestants . for in this very treatise , he hath affoarded vs this fauour , that popes may erre , yea euen in the articles of faith , yea and become heretickes , and apostataes , and that as popes , that for the same , they may be deposed , and depriued of their papall preheminence , doth he not speake like an honest plaine dealer , as if he would no more adore that i doll of rome ? and as if hee cared not any whit for the triuiall obiections made out of the words of christ vnto saint peter , i haue prayed that thy faith shall not faile : and againe , vpon this rocke ( meaning saint peter ) i will build my church ? nothing more permanent and vnmooueable than a rock , nothing more certaine of effect than what christ prayeth for , and whatsoeuer endowments of gifts or graces was bestowed vpon saint peter , did become the fee-simple and inheritance of the sea of rome . hee that regardeth not these inferences , and allegations so generally allowed and insisted vpon in the church of rome , and which hath hitherunto been vsed as the shoulders of atlas to vphold the earthly heauen of the pope , their earthly god , doth he not giue good hope , that hee will reuolt from papacy it selfe ? but ( notwithstanding these faire shewes ) by the helpe of some of his fellowes , hee hath found out a shifting distinction to winde himselfe out of all the straights , and entrapments , wherewith he seemed to be fettered so vnuoydably , aud this it is . that albeit the popes , as popes may erre , become apostataes and heretikes , yet that god ( as popes ) will neuer permit them , to decree any hereticall 〈◊〉 , to be held by the church , or for the whole church ; what can we say to the subtletie of this distinction ? it is like to the buckler of achilles that had many plates ensolded , one within the other , to giue the more assurance against all blowes or thrusts . it is a fertile and pregnant distinction , it hath these seueral issues of his body begotten . first , that popes as men may erre , and be heretikes , yea and decree hereticall doctrine , but not as popes , for that god will not permit ; it is pretty , but what sure marke or token doth he giue , whereby it may be knowne , what hee doth as pope , or what hee doth as man ? they say that god permitteth not , and we say , that onely god knoweth the difference between his actions , or enactings as pope , and his decisions as man , and so the church resteth vncertaine how farre to be bound . secondly , god may permit popes ( as popes ) to hold hereticall doctrine , but not to decree it , where shall wee finde consistendi locum ? if in their consistory , they shall declare , pronounce , and resolue vpon heretical doctrine , may that amount vnto a decree , we haue had many such decrees reuersed and repeated . thirdly , though god permit popes ( as popes ) to decree an erronious and false doctrine , yet if at any time after ( as if that wild beast euen the bore of the forrest , had reuertendi animum ) he recall or reiect the same , or doth not wittingly ( as against the known catholike truth ) oppose himselfe with peruersitie , that doctrine is not to bee adiudged hereticall , and thereby commeth vnder the couert of the first distinction . fourthly , though god permit popes ( as popes ) to decree any hereticall doctrine , yet doth this distinction affoard one hiding corner more , that the same is not decreed to be held by the church . then let them , at the least , allow vs this footing against the pope , that the church is not bound to maintaine all his decrees . fiftly , though god permit popes ( as popes ) to decree any hereticall doctrine to be held by the church , yet the former distinction is further enriched with this clause , ( taken out of canus ) that god permitteth not that decree for the whole church : as if by the permission of god , the church ( like to the moone ) may bee for the greater part thereof , darkned and seduced by such hereticall decrees of the pope ; yet that the whole church , and euery member of the same , as ( for instance ) the protestant part , which is deuided and departed from the abhominations of rome , is not carried headlong into heresie by any sentence or decree papall sixtly , there is yet included and reserued in this distinction one question more , as conceiued in the wombe , but not expressed in plaine tearmes , which ( at times of exigent when they be pressed ) they forget not to cleaue vnto ; which is , that the church here mentioned , is , and must be the catholike romish church , as if that particular of rome , were the generall of the world , and that the romish alone , had this eminent exception , aboue all other churches , that the members thereof were not to be concluded or enthralled by euery decrees of their head. i cannot yet haue done with this seauen-headed subtle serp̄et , this deceitfull distinction . allow it in his perfectest shape , and close it together in all his ioynts , god permitteth not the pope ( as pope ) to decree hereticall doctrine to bee held by the church , and for the whole church ; what hath all this more then an equiualence to this saying ? god permitteth not the diuell to haue power to destroy the elect and faithfull ? and as when the angell raphaell bound the euill spirit from hurting of tobias , it could not be construed to bee a fauour or a signe of loue vnto that euill spirit : so the not permitting of the pope to decree hereticall doctrine , is no aduancing or aduantage of the papall authoritie from being restrained , or not suffered to doe so grieuous hurts . this may suffice for his distinction , and subdistinctions , like the foxe and the cubbs , vnto which i haue the more respectiuely cast mine eye , because i find this matter of the vnfallibilitie of the popes decrees so closly couched euen to the centure of our question , of his power ouer princes . if i haue beene too long in examining his malam 〈◊〉 in the mittigations and omissions before mentioned , i must ( for excuse ) confesse , that i was well content to take him tardy in that very fault which hee so clamerously vpbraideth to his antigonist master morton , carping and catching at him throughtout his whole book with a triumph of phrases for the very same corruption , ( as he tearmeth it ) though i nothing doubt but hee will sufficiently acquit himselfe of all those friuolous and vniust cauells . the matters that we haue hitherto met with , haue been but introductory , and vpon the bye . now it is meete we look into the maine and substantiall point of doctrine , which ( as if hee were closset-keeper to the pope ) hee confidently deliuereth to be catholike and orthodoxall , inducing his lordship to set vp his rest vpon that vnreprooueable resolution . i protest , that when i first considered how to redvce the question to a true discussable state , i found that i could not draw downe the right proposition , which is to bee controuerted betweene vs in that kind of language which hee speaketh , i found that hee vsed so much glosing , and dilating so many gay shewes and pretences , such cloathing and decking of the cause with well chosen words for the faire carriage of the matter , as that the naked and plaine sence thereof was not easily to be discouered . but after scanning more aduisedly , and breaking the ranke of his words , to looke into his innermost meaning , and matching the same , with that hee must stay if hee will performe his vndertakings , i discerned at the last a sowre pill to bee wrapped vp in a leafe of gold , the doctrine of conspiracy and rebellion against the state and life of princes , cunningly couered ouer with a thicke crust of sweet candie , to relesh the better with the simple , and so to deceiue them with a fore-inducing sweetnes . the proposition must be this , the pope may depose the king , and such his power is approoued of all catholikes . and that appeareth thus , his lordship speaking of the seditious spirits , that instruct the vnlearned in the mysteries of deposing princes , desireth therein some publike and definitiue sentence orthodoxall for cleare explication of such . the popes assumed power , ouer soueraigne princes , therefore if this smooth mittigator will without winding away by circumlocutions , and without his so finely framed tendernesse of phrase , speake ad idem , plainely , and home to the purpose , hee must auouch this to bee a publike definitiue sentence , that the pope hath lawfull power to depose princes , but how doth hee expresse and pronounce this point ? hee is so nice and warie , that hee thinketh not good to name the pope at all , doubting belike that that name is distastfull , but in stead thereof , hee bestoweth on his holinesse the stately stile of supreame gouernour and pastor of the church and common-wealth , repeating the same words sundry times , and purposedly auoiding the other , doth hee not imploy and inferre by this mounting of the pope to the title of supreame gouernour of the common-wealth , that hee is the king of kings , and that princes hold their scepters , as viceroyes , and lieutenants vnder him ? i vnderstand not else how he can close the common wealth within the popes clawes : then again in the like sort , he shunneth the hatefull tearm of deposing , and vseth in the stead therof , restraining , repressing , censuring , or iudging . and lastly he doth very mildly mittigate the rigor of deprauing the name , or depriuing the person of the prince , by applying this power , to the restraining or censuring any exorbitant & pernicious excesse of great men , states or princes , would not any man iudge , that ( being so mannerly , so 〈◊〉 , and cautulous , he were affraid or shamed to fall so fowle vpon princes , as to maintaine the vsurpation of papacy , in deposing of them ? hee setteth not one step in this question , wherein hee doth not doubt , that hee treadeth vpon thornes , yet trusting vpon his two great gifts , facilitie of speech , and boldnesse of face . hee spareth not to tell his lordship that his diuine might easily haue enformed him , that amongst catholike people the matter is cleere , and sufficiently defined , and declared in all points wherein there may bee any doubt concerning this affaire . surely , his lordships deuine , may perhaps concurre in opinion with master morton , and most euidently discerne the consent and adherensie of catholikes in the execrable practise of this proposition , but ( that they haue not agreed in the iudgements and approbation of the point in question ) the direct renouncing and disclayming thereof by some of the best learned of that side , at the time of their suffering of death for treason , doth cleerely and fully make knowne vnto him and all the world . i will not take vpon me to search out and lay together heapes of rapsodies and collections , culled our of their writers to demonstrate their differences in this argument , thereby to disprooue their so pretended agreement in this definitiue sentence ; but i trust to shew the same to be so false , so weake , so washie , and of so little waight , as vpon the ripping and examining thereof , it will euery whit of it fall quite asunder , fayling altogether of all ground , whereupon to stand , and hauing no good props to sustaine or support the same . in the meane while hee may perhaps doe vs a little more good than hee wisheth by his intimation vnto vs , that among catholike people the matter is so cleere , for we are thereby to take notice and warning , how little wee are to trust catholikes , seeing they acknowledge this l. peramount , aboue the kings , & must yeeld their omni-modā obedientiā to that supreame pastor , combining themselues at his beck in al dangerous designes when any pretence is made , that the gouernment of spiritual affaires appertaining to the cath. church , is letted or impugned by our temporall gouernour , for in such case ( saith this learned father ) the said supream pastor hath authority to proceed against the said temporall gouernor , for defence & preseruation of his spiritual charge , had we not need to looke about vs euen with argus eyes , when wee haue so many hands of this briarius to fasten vpon vs at euery turne : euery let of spirituall affaires is punishable by the supreame pastor , and such lets may as easily be imputed or imposed for a crime vpon the temporall gouernour ; here is a good gap opened , and a way made wide enough for the firebrands of sedition , and the contentious discontented , to reuell and route it in a common wealth , to suggest , inform , obiect , and oppose against all magistracy . here againe i must put him in mind of his mittigations and extenuations , in sorting and vsing the gentler , and more pleasing words . what shall we think he meaneth by proceeding against the temporall gouernor ? might he not as well haue said , cite him , censure him , excommunicate him , depose him , and beare him out of his chaire of estate with the horns of a dreadful bull ? if paulus the , or pius the , had had this our mealie mouthed mittigator to haue bin the penman of their bulls , he would rather haue the milder words of proyning or repressing , then the other of extreame and violent ( borrowed from the prophet ieremie ) of destroying and pulling vp by the rootes , yet his kindnesse doth not hold constant , for in after reasonings , when he ioyneth vp issue vpon the true state of the question ; whether the words of the prophet be well applyed by allusion to make good the authoritie of christs successors vpon earth , and whether the forenamed popes by such their arrogant and impudent glosing vpon the text , doth not ( in this forcing and streyning of the scriptures ) peruert the sacred oracles of god , he is content to ioyne with his companions of that feather , in iustification of the right ayplying of the text , for the confirmation of the papall power , of pulling vp and destroying soueraigne gouernours , though indeed ( to doe him right all the reason he vseth , or yeeldeth in defence therof , is onely and barely this . is this so great an impietie thinke you ? then let him giue what allay he listeth to the tartnesse of this doctrine , by his well seasoning thereof with his soft and supple words ; yet as in the practike , the degrees of proceeding against princes doth grow in order ( or rather in disorder ) of consequence by the actuall attempt of their subuersion and destruction , so in the disputatiue to allow him his mittigating tearmes , of redressing or repressing , will by direct inference and necessarie extention , reach to the crowne and life of imperiall maiestie . therefore laying aside all masking and mincing of the matter , by his artificiall vtterance , the cause in controuersie , and to be argued is all one in the words as we put it , whether the pope may depose the prince , and in the words , as this shye and slye discourser will needes haue it , whether the supreame pastor may reftraine the exorbitant and pernicious excesse of great men , &c. now that we haue the right questioned proposition , set downe plainely , and stripped of that rhetoricall array which dazled our eyes from discerning the true vnderstanding and intention thereof , wee may proceede to the considering and sifting of the reasons , deuised and alleadged for the maintenance of this assertion : neuerthelesse it is not my purpose , nor standing with my profession ( being no diuine , and scant a scholler ) to looke into all the sinewes and veines of this question , to the vttermost spread and extent thereof , it toucheth vpon some principles of naturall reason , it also runneth through the course of histories of all ages and countries , it is triable by many rules and examples , both in the old and new testament , it wanteth not the censure of the old doctors , and fathers of the church . it is handled cunningly , and mystically , by the popes minions , the canonists . it must abide a canuasse amongst the sophisticating schoolemen : finally , it hath beene by the moderne handlers of controuersie , argued with much skill and strength of wit. i haue no intent to leade along this question , through all the parts of learning . i will willingly leaue the loade , and tugge off such multiplicity , or rather vniuersalitie to his good hand , and dexterity of handling , who is already interessed and engaged thereunto , and no doubt well prouided , and most accomplished , i meane , mr morton , against whom this popish volume is addressed , in refutation of his former learned and religious treatise . my endeauours in this cause , be confined onely to that part of the preface , in the which ( concerning this question ) that dissembling authour , hath set forth the catholike opinion , accompanyed , and garded with some reasons , to confirme and strengthen the same , pretending thereby to let his lordship know , that the point whereof hee resteth doubtful , is amongst them reduced to a generall resolued certainety ; the opinion it selfe what it is indeed , or what it ought to be , in the direct opposition , or ( as he presumeth ) satisfaction to his lordship hath beene already sufficiently debated , and laid downe . his reasons to cogere assensum be two ; one , that this assertion is founded in the very law of nature , and nations , the other is also maintainable by the authoritie , prouidence , and ordinance of our sauiour christ : for declaration of his first reason , hee setteth forth , that in the common-wealths that are not christians , all philosophers , law-makers , senators , councellors , historiographers , and all other sorts of soundest wisedome , prudence , and experience , either iew , or gentile , haue from the beginning of the world concurred in this , that god and nature , hath left sufficient authoritie in euery common wealth , for the lawfull and orderly full repressing of these euills , euen in the highest persons ; so what a cloude of witnesses hee hath brought out with one breath , and yet no more for the proofe of his purpose , than the casuall confluence or concourse of democritus his motes , did serue to make solide bodies or concreate substances . in this obiection he and i are as sarre a 〈◊〉 , as is from rome to london , nay , as farre as the 〈◊〉 is from the west , where he saith , all common wealths philosophers , law-makets , 〈◊〉 〈◊〉 〈◊〉 , hers , and all sorts of 〈◊〉 dest wisedome , iew or gentile , &c. i on the other side , will be centent to make the like pompious and 〈◊〉 〈◊〉 : of all common-wealths , lawn published or professed , that by any ordinary authority , such redresse as herein is meant by deposition of princes , or highest persons , was , or might be , lawfully , reasonably , or iustly , had , vsed , or exercised . i am not ignorant , that hauing in this challenge put my felfe vpon the negatiue , and so giuen to him so large a scope of aduantage , as to disprooue my generality , with any one affirmatiue instance , it behooueth me to hold my selfe close to that very point which i require to be fully prooued ; therfore once againe ( so he will take in for a fauor that i doe ease him of the great taske which hee hath vndertaké to shew , that all common wealths , philosophers , &c. wherin his friends may pitty him for presumption , in proposing impossibilities ) i redouble it vnto him thus , that he cannot produce from al the infinity of learning , any one president , prophane or sacred , whereby it may appeare , that by any publikely authorised orders , there was euer any standing and ordinary direction , and power , for the deposing of lawfull princes against their wills from their inheritable rights of soueraignty ; i say lawfull princes to meet with the obiections he is like to cloy vs with , of some princes , who by reason of their naturall impotencies , were accounted vncapable or vnlawfull , & of other some , who acquiring kingdomes by the sword inuasion , may be deemed vnlawfull , and so with like force & violence , to be repressed and expelled . likewise i haue added ( inheritable rights ) as well because that fitteth our state , ( in whose bowels this debate hath so dangerously striuen ) as also to cut off from him the feeding supplies of his error , which are the electiue governments , wherein perhaps now & then vpon breaches of contracted condition there hath ensued deprauation from the possessed dignitie , ( yet those deprauations for the most part ) haue beene in tumult , violence , and disorder , factiously , and mutinously performed , without any reguler or iuridical course , agreeable to the tenure of the lawes of that place . 〈◊〉 added ( against their wills ) both because this enforcement from the pope is of that nature , and vpon purpose to disfurnish him of some examples , wherein i foresee how triumphantly he would haue gloried . for we doe not deny but there hath beene many resignations vpon due consideration had by those suppressed princes , of the many acknowledged , and vnanswerable defects , or offences in their regiment , and of the vndigestable dislike conceiued by the subiects of such their misgouerning and abusing superiority . besides , i must 〈◊〉 him with an other caueat , that neither the romane , turkish , nor any such emperours will serue the turne , for instances in this case , because ( to say nothing of their forceable acquirings for the most part of such their imperiall feares ) their deposing hath bin executed by strong hand , & rather by the fury of armed soldiers , than by any ordinary censure , or proceeding of law or iustice ; much lesse is hee to alleadge or propound any 〈◊〉 , wherein priuate or phanaticall spirits , out of humor & 〈◊〉 reuenge , reward , or glory , haue attempted or 〈◊〉 the 〈◊〉 of hostile , & bloudy assault , vpon the 〈◊〉 and 〈◊〉 of soueraignes . hee must ( for very 〈◊〉 〈◊〉 〈◊〉 , the mention of such , left the may by naming vnto vs either the 〈◊〉 〈◊〉 , that 〈◊〉 k. henry of france , was by 〈◊〉 〈◊〉 〈◊〉 with 〈◊〉 and acclamations , or the english 〈◊〉 , who of a deuotion to the pop 〈◊〉 faction , poysoned king iohn of england : yea , he might so bring in diuers popes & cardinals , that haue in such good zeale destroyed and made away princes and emperors . i am yet to 〈◊〉 him a little shorter , i must take from him , his discoursing vaine of mitigating , and blanching the matter , in a disguise of some selected phrases , whereby hee intendeth to aduantage himselfe . for example , when we are at this issue , whether there hath euer beene in any common-wealth , any sufficient authoritie left by god , and nature , for the lawfull and orderly deposing of princes , hee inserteth the repressing of euils , euen in the highest persons , so that when hee shall bee put to it , and the weight of his vndertakings is likely to breake his backe , or his braine ; then will hee take the benefite of this shift , of repressing of euills euen in the higeest , and rather then faile of matter , tell vs a stale tale of the ephori , or tribuni , and such like politike constitutions tendering the liberties , or safety of the people , against the cruell oppressions , or encrochments of the mightie placed in authoritie : neither is it yet my mind at this time , against the vniuersall affirmatiue of all countries , all philosophers , &c. or the decrees of law-makers , or the sage sayings of senatoricall states-men , or the reports and obseruations of historiographers , poets , and orators , 〈◊〉 and proouing the trueth of our contradiction . all the worthy sentences and examples in 〈◊〉 of best acccount , either expressing the excelencie , and maiestie of soueraigntie , or the 〈◊〉 and submissiue demeanour of subiects , are aplyable to this theame , and would easily bee wrought , and as it were , embroydered into the contexture of a treatise vpon this subiect . to that which resteth in this assertion , auouching that god and nature hath left sufficient authoritie in euery common-wealth , &c. i pleade ignorance of his meaning , not vnderstanding ( except hee meaneth the creation , in which sense hee should haue said , god in nature , or by nature ) how god should leaue or institute any such authoritie , but by his reuealed word . i trust hee will not obtrude vnto vs , any long concealed or closited tradition , or any iuggling tricke of reuelation , and vnwritten veritie , wherewith the christian world hath beene so notoriously 〈◊〉 ; and i am sure , that in the written law of god , there is not any sillable sounding so harshly ( or rather horribly ) as to giue any order or rule , to dispoyle princes of their diadems , or to depose the anoynted of god. now for nature , if shee haue any part in the frame and workemanship of the publique body of the state , as shee hath in the particular and naturall bodies of men , certainely shee hath allowed the like right to the head of the common-wealth , as shee hath done to the head of this fleshly fabrifacture . doeth not the inferiour members , patiently , and without repugnance , beare all the offences and surcharges , descending vpon them from the head ? is there in nature any so much as desire ( much lesse meanes ) of remoouing or repressing of the head ? i acknowledge that medicines are often applyed for the curing of the griefes and diseases of the head but what more ready course is either deuised in 〈◊〉 , or assented vnto by nature , for the cure of the infirmities and faults of the head , then to vnload the annoyances thereof vpon the subiected parts of the body ? will you examine another degree of the opperation of nature ? next vnto the body it selfe , is the issue and off-spring of the bodie , what bounds of dutie hath nature made of the children towards the father ? hath shee left any such law or libertie , that in any respects the childe may renounce or disclaime his parents ? yea , though the father should ( as oft as out of iudgement hee doth ) cast off or disinherite his sonne ? let vs now but applyingly remember , that the prince is pater patriae , the father of the countrey ; then will our cogitations aptly accommodate this similitude in nature , vnto the dutious dependancy of the subiect vpon the person of the soueraigne , with a true naturall relation and recognition of all loue and obedience , hauing from nature ( out of the resemblance of these two paternes ) no other law , then parendi & patiendi . where shall we find more representatiue obedience of natures intentions and operations , then in these originals and fountaines of loue ? then from what stepdames milke hath hee sucked this impuritie of opinion , that nature hath left some sufficient authoritie in euery common-wealth for the repressing &c. i will not deny but that there be some axioms of reason , ingrauen in our nature , which perhaps ( being not rightly vnderstood ) hath occasioned this imputation and slander against nature , omnis natura est conseruatrix sui quisque sibi melius vult quam alteri , f●●●e nequimus eum qui infert iniuriam , and the like ; which as they argue a sense and sting in nature , to vpholde our owne welfare , to feede our owne humour , to further our owne desires , to hate our enemies and wrong doers ; so they must admit the brideling limitation and exposition of reason , which also nature hath giuen to rule the rest , that all the foresayd priuate , and indiuiduall respeets , must haue no place in the question of our naturall obligation to superiours , as fathers , and of our naturall vnion in the communitie of humane societie ; for the preseruation whereof , nature hath ordeined gouernment , and the soueraigntie thereof to bee sacred and inuiolable . the want of vpright consideration heercof , hath oftentimes been cause of precipitation in vntempered and ill gouerned natures , when seeking to serue their owne purposes in matters of affection or faction , they will easily make pretences of wrong to become auengers thereof against whatsoeuer lawfull authoritie . there bee too many such combinations in all countreys , wherein euery sect or side ( with intention to aduaunce that part whereunto it is 〈◊〉 ) doth dreame of these redresses and repressings of their opposites , extending their strength , and endeauour euen to the highest persons . such , actions or pretences haue no more ground in 〈◊〉 , then if any adulterer should maintaine his 〈◊〉 by the 〈◊〉 pronenesse of appetite ; the thiefe by the naturall instinct of prouiding 〈◊〉 〈◊〉 or the murtherer , by the naturall 〈◊〉 and 〈◊〉 of reuenge : but we stand assured , that whatsoeuer nature by her vncorrupted rules , doth induce or perswade vs vnto , touching our duties in morall actions , the same , as it was written by the finger of god , in the heart of man , at the creation , so was it also reduced , and comprised by the wisedome of god , into the tables of the morall law , in the which for as much , as we haue an expresse commandement , of honor and obedience to gouernors that must remaine fixed in our hearts , to hold vs firme in the bond of allegiance : then let p. r. and all his conjoyned catholikes , ( as hee vaunteth ) make it plaine vnto vs , that eyther nature hath implanted , or the commandements of god haue enioyned , therepressing or deposing of such princes , vppon any exceptions , surmizes , or accusations whatsoeuer : as for the law of nations , because that is but secundary and derivatiue , from the other , what hath beene averred of the one , holdeth the same respect and certainty , as doth the roote it selfe , from whence it issueth , yet before wee depart from this argument of natures working , i haue to note that this cunning and curious composer of bookes , and contriuer of cases , doth in this his chiefe proposition , worke himselfe quite out of the question , and putteth the pope cleane out of the doores , for the question being of the power of the pope , that is of the power , authority , and iurisdiction of a forraine commander , and iudge , he telleth vs , that god and nature , hath left some sufficient authority in euery common-wealth , &c. which directly maketh the popes preheminency with vs altogether needelesse , and a very nullity , sith ( by his owne sayings ) and that more agreeable to reason , there is sufficient authority within the land , ( not requiring any his 〈◊〉 or vsurpations ) to the gouerning of that body , which is of it selfe compleate and liueth by the vigor , spirit , and powerfull opperation of his owne soule , his lawfull soueraigne : thus is the pope ( as touching the first reason , drawne from the law or right of nature , or nations ) either left out by him , or cast out by me , from repressing of princes , or 〈◊〉 himselfe within these our countries or territories . the second reason bringeth a better commission , that will make way through all repugnances , it is inforced in the name and authority of christ himselfe , and it is thus chayned together for impregnable strength , christ was to found is common-wealth of christians the farre more perfection , then other states had before been establishe , subjecting temporall things to spirituall , and appointing a supreame vniuersall gouernour in the same , with a generall charge to looke to all his sheepe ; without exception of great or small , people , or potentates : therefore hee inferreth that the supreame care , iudgement , direction , and censure , of the matter in question , was left by christ vnto the sayd supreame 〈◊〉 or pastor of his church , and common-wealth : but it was doubted whether this power was committed to the supreame pastor directly , and immediatly , or indirectly , and by consequence : the canonists out of the commission vnto st. peter , pose ones meas , do hold the direct and immediate authority , charge , and ouersight , in temporallities . the catholike diuines ( vpon whom the brunt and pressure by 〈◊〉 , must bee sayed ) haue thought it safer , to chuse the indirect and consequentiall , which they expresse in this manner : when the gouernment of spirituall affaires , is impugned by any temporall gouernors ; so as the sayd spirituall commission , cannot be executed without redresse or remedy , 〈◊〉 and in such cases , the said supreame pastor , is to haue authority to proceede against the temporall gouernors ; also , for the defence and preseruation of his spirituall charge , but both parts fully are agreed , that there is such authority left by christ in his church , for remedy of vrgent causes , otherwise he should not haue sufficiently prouided for the necessity thereof . here is goodly building of castles in the ayre , castles did i say ? nay , of the tower of babell , in the steede of the city of god , christ ( sayth hee ) was to found his common-wealth of christians , in farre more perfection then other states , &c. why christs intentions , erections and perfections were all to saue sinners , and to bring them vnto heauen , what proofe is this that hee was to found the popish hyerarchy , or the antichristian monarchy ? and what is this farre more perfection , &c. is it an outward pompe or power , to chayne and fetter princes , vnder a temporall obedience of a spirituall vsurper ? what is this same subjecting of temporall things to spirituall , is it to make a minister or bishop of heauenly matters , tyrannous and rampant , ouer the temperall states , setting their imperiall feete vppon the neckes of lyons and dragons ? what is the nature , end , and eminency , of the spirituall kingdome of christ , is it any other then the preaching of the gospell , the way of salvation , and the possessing of euerlasting life ? then what straightnesse , what extractions , doth the limbeckes of their braines ( bewitched with temporall vanities ) make of a worldly rule , and dominion ? he was to appoint one supreame and 〈◊〉 gouernor , &c. we on the other side constantly denying this their principle , doe easily bring them to the end of their wits ; yet wee will pocket vp one confession in this place , which hee is likely to forsake , and not acknowledge another time : in more perfection ( sayth hee ) then other states had before beene established , acknowledging thereby , that vnder the law , and in the old testament , the temporall was not subject to the spirituall . hath hee not well collected and conected his propositions to bring out this grand conclusion of superiority ouer princes ? doth he not neede a distinction of proofe , to make these parts that cleaue like sand to hold together , against the breach which wee are to make vppon him ? his distinction of direct , or indirect , shal be directly anoyded and his great mace , which hee beareth vp in his march of state , of ordine ad deum must bee directed and ordered to a better sence ; and his commission of pasce , shall bee examined how farre it can authorize him to assume the pretented power : if hee will but thanke me for it , i will befriend him a little with my directions : i will chalke him out his way , with a straight line , by the which hee must be brought and passe along , if he desireth to come right vppon the conclusion . i will distribute his journey into seuerall baytings , or reposes , otherwise called common places : i doubt it will prooue a long labour , and very troub esome to carry his commission along with him , hee is like to venture himselfe in many straights , and hazardable passages , and will be often stayed by the kings watch , but more often foundred by the rubs , and roughnesse of the way , which hee is to walke through : he must begin and set forth at this poynt . that christ purposing to found his common-wealth of christians in farre more perfection &c. hath appoynted the same to be an absolute monarchy , vnder one supreame and vniversall governour , visible , eminent , and knowne as the head on earth , in all causes of christs kingdome . next who that individuall person is , whom christ appointed to be such a monarche , and by what commission is he assigned thereunto , and by what words thereof can he challenge the obedience of all the subiects or christians in that common-wealth ? whether if st. peter be affirmed to be the said monarche , what can be alledged for his superiority , that is not equally communicable to the rest of the apostles , ioyntly or severally , by the like authorizement ? whether st. peter was more especially appointed the chiefe apostle for both iewes and gentiles ; if for the iewes , how came it , that st. paul reproved him for misleading the iewes ? if for the gentiles , why was st. paul by a publike consent and counsell nominated to be the apostle of the gentiles , who at rome planted the church , and from whom the succession is most proper . whether st. peter ever came at rome ? sith there is evident demonstration by computing the times and places of his abode , during his life after christs ascension , that he could not be there at all by any coniecture , as by the epistles of st. paul is evicted . allowing that st. peter was at rome , was he not there as an apostle and so no more appropriate to that place then to the whole world ? being an apostle , how came he to be chiefe , yea the vniuersall pastor over both iewes and gentiles ? except such his pastorship were rather apostolicall then episcopall ? if his 〈◊〉 were apostolicall , then all the apostles had interest thereunto as well as he : if episcopall , did he renounce or relinquish his apostleship to erect a new state or seate of an 〈◊〉 bishop , neuer mentioned in the scripture , and of a larger extent and dominion then the apostleship , and by what warrant and authoritye did he so ? if he did found any such episcopall eminencie vniversall over all the churches of the world , and that invested in his owne person , why may it not be thought , that such his episcopall function was setled vpon him rather at antioch , where his chiefest abode was ( after his departure from ierusalem ) then at rome ? whether in case he preferred rome before antioch , ierusalem and other places , ( whereof there is no apparant proofe or certainty , ) is that successive seare established at rome , of the like and the same power , vertue , and veritie , as was conferred on his owne person ? whether such supposed succession were afixed to the place , or aplied to the persons ? whether if the succession were applied to the place , was it not cut off and discontinued when there was no vniuersall bishop refiant at rome ? which for some hundreths of yeares after christ , and since the vsurpation papall for a long time together hath come to passe ? if the succession were in the persons , did not the abominable wickednes of life , or the open profession of atheisme , arianisme , coniuration , and contracting with the deuill , damnable doctrines of all sorts , and hereticall positions , 〈◊〉 〈◊〉 by such persons ; yeain their cathedra , dissolve the said succession ? and what 〈◊〉 they make for pope ioane , whose stay standeth vnrefuted ? moveover he 〈◊〉 me what became of this 〈◊〉 ; and where that common-wealth of christians ( as they will needs calbit , that they may make themselues common wealths men ) could finde there one 〈◊〉 and 〈◊〉 governor , when there were two , three , or 〈◊〉 such 〈◊〉 〈◊〉 at once ? yet we haue not done questioning with him , this great 〈◊〉 of doubts must resolve vs how it commeth to 〈◊〉 that the 〈◊〉 persian , 〈◊〉 russian , 〈◊〉 , and other 〈◊〉 churches , haue not beene made 〈◊〉 with this 〈◊〉 mentall part of doctrine , that christ hath ordayned the bishop of rome the supreame and vniuersall pastor of the whole common-wealth of christians , which he hath 〈◊〉 and founded ? he is also to 〈◊〉 himself of an answere to another question , whether the succesors of s. peter ( were it once agreed vppon ) who they were , clement , linus , cletus , or 〈◊〉 , did over hold or exercise any ditivation of authority from st. peter over 〈◊〉 and other apostles that survived st. peter in the church or did they or any of them striue for superioritye with them , yea rather did they not yeeld vnto them ? besides , this 〈◊〉 diving determinor in divinity doubts , must take into his consideration what warrantize of any lawful vocation , election , and ordinatiō , the succeeding bishops of rome can avow or maintain , sith no man may take on him any 〈◊〉 ministery or 〈◊〉 but in that regular and 〈◊〉 manner . and whether such their calling to their ministeriall offices , and pastorall charge , were ordinary , or extraordinary , the difference in the admissions and choyce of such bishops which sometimes was by substitution of the proceeding bishop , sometimes by election of the people , and in later times by the suffrages of cardinals , and sometimes by meere intrusion , giveth cause to move this question . what reasons can be pretended or alledged , why if both christ and st. peter intended the succession of bishops onely in that sea of rome , 〈◊〉 there hath new titles beene taken vp , of patriarke 〈◊〉 , and then of supreame head of the church , and then of papa or pope , which seemeth to inferre an alteration , or else an augmentation of the power or charge , first conferred by christ or st. peter vppon that sea ? and so consequently a question , whether the latter diuised titles be likewise authorized from christ ? doth it not behoue that this so pregnant a patron of papacy , doe cleare all causes touching the interruption and discontinuance of the supposed succession of popes ; whereof ( some hauing before beene propounded ) it shall not be amisse to cast him one bone more , to whet his teeth or witt vppon , i would know whether ( after cannons , and constitutions made by his holinesse , and ratyfied by councells , touching the lawfull election , and admittance of the bishop of rome ) if a pope enter vnduly , and contrary to such orders and cannons , by simony , bribery , faction , yea with strong hand , or any other corrupt courses , may notwithstanding be held and reputed a lawfull pope ? and the acts by him done , the carnalls by him made , and the decrees or trans-actions of his time , shall bee adiudged as to stand in the right of christs vicar on earth ? are not in such cases , the linckes of the chaine tying together the succession broken , or let loose sith in the particulers ( in whom the same should be continued ) such elections and ordinations , are adiudged intrusions and vsurpations , yea vtterly voyde and very nullities ? yet i must make him a little more worke with other questions , what is the cause that for so long a space of . yeares after christs assention , this position of the romish supremacy , and vniuersall head-ship , ( if it were so evident and demonstratiue from christs owne appointment , as this bold bragger would haue vs to beleeue ) was neither by the fathers of the primitiue church , nor by any generall councels , approoued or ratified . i am disposed to offer him another objection like a blocke to stumble at , which neuer any papist yet well passed ouer , but he brake his shin against it ; and that is the opinion and censure of gregory the great , bishop or rather patriarke of rome , how did hee inuey against that tytle of vniuersall bishop , as an arrogant stile , calling iohn patriarke of constantinople , the fore-runner of antichrist for assuming of such a title or authority : may it not stagger this stout champion of popery to heare from the mouth of a successor of st. peter , such a detestation of that stile , as antichristian , which is auouched to haue beene the ordinance of christ , yet did bonifacius that succeeded him , ambitiously affect nd accept the very same appellation giuen to him from phocas the emperour yeares after christ , as is sayd before . here , if i should let in vpon him a sea of proofes , that the pope is clearely convicted to be not a fore-runner ( as gregory speakes ) but the very same antichrist described by so many particularities in daniel the appocalips , in st. paul and other places of the holy scripture , he would neuer be able to scape drowning , but would be so over-whelmed in those depthes , that hee could neuer more get forth , yea , or stirre either hand or foote , for his swimming to any shore ; and the great disputant could then hold his breath no longer in this question euen sinking downe to the bottome after all his strength spent in vaine , by striuing to hold vp his head . now , to draw to the issue in hand , wee must trouble him to make manifest vnto vs , what is the true extent of this so high power and vniuersall charge in st. peter , or any other his successors , and whether the same do include any temporall iurisdiction , and entermedling in civill causes , to the deciding , iudging , or ordering thereof ? lastly , to bring him home to his rest , and to the ground whereupon hee must reare his foundation , hee must euict by proofe , that the supreame , vniuersall , romane , bishop , by force or tenor of any commission giuen by christ , and transferred vnto st. peter , and so diriuatiuely and successiuely conueyed ouer to him , may censure , iudge , or depose princes , taking vppon him the decision of regall rights , assayling of subiects from obedience , animating at home rebellion are from abroad invasion , and that vnder protext of aduancing of the ecclesiasticall regiment of soules , and the good of catholike religion . this is the highest ladder of the popes eminency , to the which exaltation , hee cannot otherwise assend then by these stayres and steps , before rehearsed , which must lead him vp to his lofty consistoriall chayre : if any of these stayres bee loose and faile him , hee falleth vnrecouerably , and shall neuer bee able to assume the power , which hee pretendeth himselfe to bee lawfully possessed of . but when of all these exceptions and interruptions cast in his way , hee can cleare or assure not any one , his presumption in taking so much vppon him , will but argue his all daring boldnesse ; and his striking close to the conclnsion , when the premises runne another way will make euen children to scoffe at the want of judgement in his so great vndertakings . by these few indissoluable questions ( amongst infinite others ) for all the world knoweth what a world of doubts , and what a sea of controuersies , is encompassed in this cause . this p. r. or rather r. p. ( if hee would be better knowne ) that would seeme to bee so iudicious in his resolues , and so modest and moderate in his assertions , might haue beene put in minde to stay his confidence in concluding so magistraliter , that case , with his peremptory est amen , which hath so many stopps , windings , and euen breake necke passages , as hath hetherto perplexed , and plunged the whole alphabet of their owne authors . by that time , that he hath runne through the explication and proofe of the particuler difficulties before propounded , hee will somewhat slacke , the heate of his audacious affirmations , and to let him know that this poynt , ( as wee now propound it and debate it ) is not amongst the catholike wrighters themselues , so clearely and generally agreed vppon as hee avoucheth ( for hee sayth ) that in this there is no difference of opinion , or beleefe in any sort of catholikes whatsoeuer , ( so they bee catholikes ) i must remember him ( if hee forget not his owne name , yea and his nick-names too , ) that in the bitter contentions , and fiery conflicts , betweene the priests and the iesuites , a principall matter of their variance was this , that the priests vtterly condemned this turbulent , and sedicious opinion of the iesuites . that the pope might and ought to intermeddle in the temporall rights and preheminencies of princes , and that he had a powre to depose and deiect them at his pleasure . doth not william watson the priest in his booke of quidlibets bestow a whole chapter with much earnestnes of spirit , and variety of arguments , vpon this very subiect , making in the same this r. p. the obiect of his scornings and revilings ? doth he not in many places of that worke impute all the causes of the many troubles and extremities which they vndergoe in england to the violent spirits , and treacherous practizings of the iesuites , who neglecting or despising the ministeriall function , are become meere statists , and negotiating factors of the sea of rome , disturbing the quiet of all countryes where they be entertained , and working wicked stratagems and damnable devices against soveraigne princes ? hath hee so soone forgotten , or can hee so bold'y dissemble , in what sort the said priests vncased and discovered him for his many notorious and scandalous intermedlings in 〈◊〉 ? perhaps he will say that they be no catholikes , for so he enterposeth ( if they be catholikes ) he dareth not to lop away at once so many chiefe lims , so many strong armes , yea such stocks and plants of the popish religion , though the said priests doe not feare or spare to affirme , that the iesuites are not any certaine order or vocation in the church , being rather to be reckoned ( as their vse and imployment is ) to be lay-men , states-men , busie-bodies , pragmaticall agents beyond all limits of any spirituall calling ) yet it is necessary , ( if he will constare sibi ) to stand to it , that ( seeing they vary from him , in this part of doctrine ) they be no catholikes , because in this refusing and refuting of his majesties distinction of the difference of papists , he expresly affirmeth , that he that holdeth not all and every article assented vnto and established in the church , he is not to be accounted catholike , acording to st. augustine . catholicum is constered to be secundum totam , and not secundum partem , i will leaue the priests to defend that they be better catholikes then he , notwithstanding this discrepance and my selfe will revert to the parting place where occasion was taken to make this digression . there is offered for plea the words of the institution , and the very authenticall enstallment made by christ himselfe , pasce oues me as which words include ( say they ) acording to catholike exposition , not only authority to feede , but to governe also , direct , restraine , cure , represse , and correct when neede is . allow that these words doe appoint and institute a pastorall charge ( which is a geminall vnderstanding thereof ) yet such charge is not thereby more appropriate to peter , then to other apostles , but if they so far tender out the same , to make them beget vnto vs a pastor , of pastors , a bishop , of bishops , a supreame and soveraigne governor of the whole church , i may not yeeld their logick such libertie , as to conclude so vnconsequently . againe allow that in this commission and charge every pastor were required not only to instruct the sheepe of his fold with wholesome doctrine of faith , but also to have an eye to their life and conversation to reprove them , admonish them , and censure them with ecclesiasticall discipline , what is that to the governing in secular affaires , or to the claime of such an vnlimmited power by the popes intrusion ? i may not yeelde to their rhetoricke , such a preuayling or perswading power , as that where they cannot shape so much as a shadow , there they shall erect and create the true substance , of a more then monarchiall principallity : it is heere auouched , that catholike exposition includeth within this worde , pasce the commission of gouerning also . therefore many catholikes that will rather hazard the exclusion of his ( if they bee catholikes ) then they will condiscend to this interpretation . a graue and profound catholike , one of the pillers of papacy , cardinall baronius being to animate and confirme his holinesse proceedings , against the venetians for their great sinne , of executing iustice , against men of clericall habit , in causes criminall , and ciuilly punishable , passed ouer this text of pasce , as not sufficiently seruing the turne , to prooue the popes right of jurisdiction in such t̄eporall affaires ; and thereuppon interpreting and applying the same restrictiuely , to the teaching function , made choyce of a fitter peece of scripture , to accommodate vnto that case , and to put into the popes hand , for the justification of that excesse of his authority : hee maketh the office of st. peter to be two-fold , the first of feeding and teaching , comprised in the word , pasce , the other of correcting , and chastifing contayned in the words of christ , vsed in the vision of the beasts presented to peter , occide et manduca , kill and eate : you see that hee was content to leaue that leane and pining application of pasce , and to finde out a more stinging text , that might pierce to the very quicke of the cause , doth not this same ( occide et manduca ) giue authority to draw blood , putting the sword into his holinesse hand , to execute at his will and pleasure , such as hee shall recon , beasts without exception of great and small , people or potentates , is it not made evident thereby that all sorts of people whatsoever , cleane or vncleane , high or low , friend or foe , are as it were tyed and bundled vp together , and so subiected and abiected at his feete , to feed vpon , and satiate his devouring appetites ? it maketh no matter for the proper sense of the text , ( figuring and signifying iew , or gentile ) the wrest and streine thereof serveth best to his purpose , cutting even to the core of this question . old father barronius in his dreame , espied more then young s. peter could apprehend by vision : he hath found and inferred out of that place , that which st. peter if hee lived to this day ( except his successors did teach him ) could never have gessed at , the excommunication , and further degradation of states and soueraignes . in the same his encoraging advice to his holinesse ( which i rather recount , because it so evenly matcheth with their moderne divinity ) hee stirreth vp the fainting spirit of the pope with a memento te positum esse in petram , remember that thou art placed for rocke , whosever rusheth against thee shall be crushed all to peeces . therefore where his holinesse layeth a heavie hand to his fulminating censures , there no resistance , rescue , or reliefe , can availe to defend from destruction . for this prophesie is as fitly appliable to the viear of christ , as it was directly and properly referred to christ himselfe . thus this learned cardinall bestowed vpon his holinesse as he were the very image and character of christ vpon earth the self-same attribute , and exaggeration vsed in scripture , to set forth the might and dignity of our redeemer . nay further , hee will needs comfort the pope with the application of that to his person in perticuler , which christ assured to his whole church in generall , that the gates of hell shall not prevaile against him , and will earthly princes then persume to shut his holinesse out of dores ? hee that hath a power over hell it selfe , shall not he commaund and over-rule the earth ? these beeing the proude and prophane conceits which they have of that idoll of rome ( their imagined lieutenant of christ ) they draw not only from the spouse of christ the rich ornaments of her glory to deck that bewitching harlot with , but also hold it no robberie , to enrobe the man of sinne with the gracefull and blessed titles of the sonne of god , for which so luciferian and blasphemous arrogatings , i doubt it will not be made good and verified , that the gates of hell shall not be shut against him . i must confesse , that i like better of the simplicitie of our mitigator , in misliking vpon the poore probability of reason picked out of the word ( pasce ) and that rather by a consequence , then by any direct induction , then i doe of the affected and vnserchable subtilty of this cardinall , and some others , who studying for vnwonted straynes , and forcings , doe cast beyond the moone to magnifie or dignifie his holinesse aboue the sunne , i will be bold to set downe some more of these deepe digged and far-fetched argum̄ets , not with any purpose to vouchsafe them any time , or paines for answere , but euen to admire , if not exclaime at the impious and presump tuous absurdity , of such their so frivolous and most strange inferences ; pope bonifacius the eight ( that layd the first stone of this babilonian building ) out of the words of christ vnto his disciples , in the twenty two of st. luke ( they sayd vnto him , behold here are two swords , christ answered it is sufficient . ) by these two swords ( sayth boniface ) christ meaneth the spirituall and temporall , both the which are left by our sauiour , for the defence and preseruation of his church ; and because there would be no order , but mutiny , tumult , and confusion , if these swords should not well agree , therefore there must needes be employed , and intended by christ , a subjection , and subalteration of the one sword vnto the other , and both depending vpon one supreame command . from this supposed authority of christs leauing and recommending both swords vnto his church , boniface tooke vppon him the power of both swords , and caused to be passed as an article of faith that the pope is supreame , ouer both estates , spirituall and temporall , and shortly after in a iubile , publikly shewed himselfe , with a key in one hand , and a sword in the other . and that hee may the better maintaine , the taking of the sword , hee further argueth , that one of the swords , was his prodecessors st. peters sword , ( it being well knowne that peter had a sword ; because christ sayd vnto him put vp thy sword ( shall i neede to make any refutation of this collection , or assertion ? being declared not as positiue out of the word , but expository , by a sence which the pope assumeth ? let me yet gather vp this note by the way , that it was good fortune , that christ did command st. peter to put vp his sword , else perhaps the sharpenesse and weight thereof , had long since light vppon the heads , and neckes of princes , as well as it cut off the eare of malchas : for the same pretence which occasioned him to draw vppon malchas in rescue and maintainance of his maister christ might incite the high courages of his supposed successors to bee as actiue with their blades and forces , for the support and furtherance ( as they alledge ) of the christian faith and religion , impugned , or impeached by temporall potentates . i would now know of maister p. r. whether hee accounteth the exposition and decree of bonifacius the pope , to bee catholike and orthodoxall , if hee doe not , wee also will take ( by his example ) the like liberty of acceptance or dislike in any the articles of faith , concluded and adiudged by his holinesse : if hee doe , then what neede hee bee so slye and mistrustfull in affirming the same doctrine , absolueth also , without any distinctions and cooling quallifications , as if hee were either ashamed of confession or afraid of conviction ? when hee hath such an argument ab authoritate to a rest him to stand vnto it ? why should hee ( i say ) runne about the bush , with a commission direct and indirect , when hee cannot but know that bonifacius was resolute in opinion , that his power ouer princes , and in temporallities was absolute without any oblique consequence , or respectiue dependency , jumping therein plainly , and fully with the canonists , papa est dominus totius orbis directe in temporalibus . how would this so well tempered and timorous mitigator bee brought to iustifie the hautinesse of pope clament the fifth , successor to bonifacius , who not satisfied with the rule and command ouer temporall and earthly states , did brauely adventure , by his papall bull , expressely to enioyne , and command angels to execute his will : me thinketh i should aske him also whether hee will hold consonancy of iudgement with his owne country-man , and good friend the renowned cardinall allen , who in his appology for the english catholikes , out of the miraculous working of st. peter mentioned in the fifth of the acts , of sentencing to suddaine death ananias and saphira , doth no lesse miraculously wring out this great ministery of excommunicating , censuring , and other proceedings against princes . there is no parcell of scripture wherein any mention is made of st. peter , but if it can be racked to affoord them any patterne or patronship for either their deedes or decrees , it is miserably torne , and tormented to vndergoe that seruice : not so much as the power of keyes ; but it must needes bee made a picke locke , to possesse prisons , castles , and towers : the key of knowledge for the sauing of soules , is turned to a key of powre to deprive princes , the binding and loosing of sinnes , is but a very legerdemaine of fast and loose at the popes pleasure , the fishing for men to bring them to eternall life , is made a pretence for spreading his nets , to catch and conquer whole states and dominions : the pastorall sheep-hooke , subdueth kingly scepters , saint peters aurum & argentum non habeo , doth now glitter in all the pompious and copious varietye of riches , and the promise of christ , dabo tibi claues regni caelorum , is not so much esteemed , as the offer of the devill , dabo tibi &c. all these things will i giue thee , if thou wilt fall downe and worship mee . if the pope will needs enioy a right of succession of all that christ sayd vnto saint peter , let him not refuse also ( get thee behinde mee sathan , ) and , o thou of little faith . nay , the denying of christ , so expressely imitated in the declining , degenerating , and sliding away from the sinceritye of the gospell , is apparently branded vpon this antichristian iniquity , where saint peters either example , or precept , fitteth not their turnes , there they will not vse , or rather cannot relieve it , and could be well pleased that it were put over to their ezponctorius his charge and admonition , that they subiect themselves vnto all manner of ordinance of man for the lords sake , whether it be vnto the king , as vnto the superior , or vnto governours , as sent of him for the punishment of evill doers , and for the prayse of them that doe well . and likewise his beseeching of the elders , as his fellow pastors , that they feede the flocke not as lords over gods heritage , will not fashion to , or cohere with their owne proude doctrines of exemption from temporall authoritye , of opugning and repressing princes , of their lordlinesse over their fellow-ministers , of their desisting from teaching and preaching , and of saint peters primacy to reare vp the romane papacy . and therefore must be censured , interpreted , distinguished , abridged , and limited , by such curtelings , and consterings , as the glosser or goulfe of the sea of rome shall devise for the best advantage . in the like manner doe they all so deale with christ himselfe , whom whence they fetch and found the originall of theyr lineally derived popedome . christ professed himselfe , and so instructed his disciples , to bee humble and meeke , but how doth the pope tread that path ? not so much in the exercise of his owne lowlinesse , or in the abstinence from high state and loftye cariage , as in the depressing of the mightynesse and power of lawfull soveraignes , reducing or enforcing them to be meeke indeede , in a degree of base and contemptible humiliation . christ refused to be made a iudge in a civill or temporall cause , the pope maketh himselfe iudge of any debates , that by any pretext can be conceived to be fit for his cognizance : christ bad , giue vnto caesar that which was caesars : the pope robbeth cesar , of his treasure , of his honor , of his power , of his rights , and of his subiects . christ declareth his kingdome not to be of this world , the pope ( besides his owne temporall soveraignity , will haue an oare , and commaund in all the states of christendome . in which part , of the temporall kingdome of christ in this life , p. r. is much cumbered , and put to his shift , to finde out an even cutting distinction , to saue the repugnancye of christs sayings . the canonists , and some other catholikes , out of these words , all power is given vnto mee in heaven and in earth , doe conclude , that besides his spirituall government of our soules , he hath a kingly dominion also vppon our bodies and goods , and vppon all the kingdomes of the earth , and might iustly haue exercised all actions , of temporall iurisdictions , as casting into prison , appoynting new offices , kings , and great monarckes . marke how they compell our sauiour iesus christ to sallogize against himselfe ? all power is giuen to mee in heauen and in earth , but my kingdome to bee of this world is such a power , ergo , my kingdome is of this same world. now obserue also his witty and substantiall reconcilement , hee had a kingly temporall power in this life , but hee renounced the vse and priuiledge of the same : or thus , hee had no direct dominion vppon temporall things , yet indirectly , for preseruation of his spirituall dominion hee had and might haue vsed the same , and in that sence left it to his successour : is not this most shamelesse , and direct abusing of christ , and his most sacred word ? when hee sayd at another time , that the foxes had holes , and the birds of the ayre had nests , but the sonne of man , had no place to hide his head : if these expositors had then beene knowne to his apostles , they would haue replyed ; sir , you haue places of refuge , but you renounce the vse and priviledge thereof , or albeit you haue not any place directly , yet indirectly for the necessity of your function , you haue all palces at your command , or if you haue not in your owne indiuiduall person , yet in your successors , you must needes haue , else how should they maintayne the hauing and inhabiting of such royall and magnificent edifices , wherein they keepe such stately and more then imperiall courts ? what is this else ; then to tell christ hee wotteth not what hee sayth , and to enter him like a novice in their new schooles of equiuocation , to learne their falatious mentall preseruations ? but admit it to be incident into their offices , to interpret christ as themselues listeth , how doth it happen , that the rightfull successors of christ doth not also succeede him in his modestye , humilitye , povertye , and meekenesse ( especially beeing commaunded to learne of him ) and so ( in like sort as christ did ) renounce the vse and priviledge of temporall power , or whence haue these successors their so plenarye and direct preheminence , when from christ they could convey it but indirectlye , and by consequence : or can they make any demonstration or playne proofe of the stint and circuite of time , at the periode or expiration whereof , that temporall dominion which in christ was indirect and potenticall , should become vnto the pope , direct , and ordinarye ? or was there not as vrgent cause that christ , ( in respect of the many letts , impeachments , and impediments which he met withall ) should for the preservation of his spirituall dominion , directly , or indirectly , in some sort or other , betake himselfe to his temporall authoritye ? except they will say , that hee was in his owne person militant and suffering , but in these his successors triumphant and glorious . let mee then bee answered , whether such a succession hath any image or representation of that first type or patterne which sayde ( learne of mee . ) to manifest yet more discerningly , the idlenesse , the fraude , and vnfit applying of this distinction , let them know , that is not to be trusted vnto , because it will serue their adversaries as well as themselues , for where the question may be propounded and disputed , whether temporall princes may suppresse or remooue popes , ( if the authorities alleadged out of gods word , and the histories of the church shall not suffice to giue in evidence for any such direct and vndoubted preheminence in princes ) then we may make bold of this their make-shift distinction , that princes haue euer had such a power annexed , and proper to their governing charge , though they haue forborne the vse and preuiledge thereof , or that indirectly and by consequence ( for the vpholding of their states , and keeping of their people in obedience , which by so many popish practises is dayly perverted ) they may and ought to exercise and execute the same . moreouer , let it be examined , how and from what originall this distinction draweth his pedigree , what bosome or heate did first hatch it , and what causes of weight doth still nourish and continue the same , mr. p. r. hath fully acquainted vs with the certainty thereof . for if christ ( sayth he ) should not haue left such an authority in his church for remedy of vrgent causes , hee should not haue sufficiently provided for the necessity thereof . it is maruaile that this our moderator , and mollifying mittigator did not vse the word of conveniency , in the stead of necessity , to haue avoyded the disadvantage of the stricktnesse of that word , can there ( concerning the subsistance , and stability of the church ) any more vrgent causes to be imagined for the vpholding thereof , then there was in the first times of the primitiue purity ? or is the vsurping power of the supreame pastor , his ouer awing or over peering of princes , his correcting and repressing of them , by alienating subiects , and egging enemies against them any constitutiue causes or essentiall necessities of the church ? i will not deny but that the height and eminency , wherevnto the bishops of rome , haue aspired , by encroching vpon the rights and vndermining the states of temporall gouernors , as indeede to be provided for , and maintayned by this presupposed necessity : but the purity , the poverty , the simplicity , the feruency , of the first fathers , and propagators of the faith and church of christ needed none of these humaine and worldly additaments , none of these temporall encountrings , or conflicting with potentates , no such foreseeing perpecations , to affront all occurting causes , nor any such politiciall circumventings , and fortifications for defence and offence against princes : they conquered powers and principalities , but with the spirituall armor of god , they beate vppon them with the hammer of the word , they cut deeply into the secrets of their soules , with the sword of the spirit they prayed for their peace , and prosperity , they embrased the very persecutions with obedience , and for the countenancing fauours , ( by giuing them respit from affliction , and the sunne shine of liberty ) they honoured them as the nursing fathers of the church , ( when i contemplate the composute and frame of the popish monatchy , and the linking together of so many cunningly contrived positions , tending ( all of them ) to the encrease of gaine and advance of honor to the sea of rome , i wish that some excellent scholler extraordinarily endued would out of his many obseruations collected , exhibite vnto the world ( in imitation of matchauell , who made the shames and vices of the house of florence , the patterne of a perfite prince ) this antichrist of rome as a true president of tyranny and vsurpation by publishing with an apt resemblance , as well the vilde and vnchristian practises , as also the false and pernicious articles , whereby he hath atchived so strange matters , and attained vnto so vnmeasurable greatnesse , which my desire is the more increased , the more i consider , how the webs of that worke , hath ensuared , if not enthralled christian people , euen in the carriage of this controversie . i haue traced the foot-steps of many politicke reaches , and now in the closing vp of the matter , a faire traine is layd , to catch and lay hold vpon an easie follower , which we must not so suddenly passe by , as not to discerne the sleight thereof , he speaketh plainely in honest and oyly words : that that authority temporal is to be moderated by many perticularities to be considered , there must be iust cause , graue and vrgent motives , formall proceedings , great deliberation , lawfull meanes , and other circumstances , to concurre , requiering great discretion ; what a goodly displaying he maketh , in tearmes of the best shew , when yet ( howsoeuer occasins shall alter their intentions ) there is no more conteyned or propounded thereby , then what is vsually requisite in all benches of iustice , erected for tryall of common rights , but our question is , whether the pope be a competent iudge , vpon or against temporall gouernours , let the matter be caried neuer so presizely and circumspectly , that maketh him no title for enterposing his vsurped authority . therefore hee might well haue spared his paines , in making this the third question which neither in this , nor any other iudiciall power is any question at all . but he conceived , that this orderly course and discrect cariage which hee would haue vs to presuppose in the pope , would carry vs along in all conformity , to condiscend to any his presumptious and vsurping iurisdiction . let him tell whether the publicke denunciation , or rather execration made euery maundee thursday against the hereticks whatsoeuer , doth not also enwrap the princes of our religion ( especially if they haue made and executed feuere lawes against the popish ) within the danger and rigor of that sentence , which if it do , then these flourishing and superfluous words , of the cognition of the cause , of due proceedings , of vrgent motiues , of aduised consultations , of lawfull meanes of preambles and circumstances are but snares to beguile the simple , seeing that his holinesse ( for the most part ) acteth his solemnities , and ceremonies of excommunication , both generally and personally , without the obseruing of the particularities . beyond all this the pondering of such seuerall considerations , to whose brest , or trust are they recommended ? are they not euery one wholly and absolutely in the popes discretion ? let vs but remember the course of proceedings by these perticularities , against our late queene , his holinesse tooke knowledge , as well by publicke fame , as by complayning relacions , of the afflicted and distressed catholikes , and of queene elizabeths hard vsage of them in this kingdome , there is the vrgent motive and importing cause , what were the consultations , what the meanes , and what the proceedings , a bull of excommunication publickly deprived her , of her royall dignity , setteth free her subiects from their allegiance , enioyneth all catholikes to endeavor her deposing , and so exposeth her to continuall treasons , and bloody assassinates ; this is the short epitome of this all presuming papacy , then let any other prince take to himselfe the like scantling , by the measure offered to queene elizabeth , ( bethinking himselfe whether the enumeration of so many good poynts , of aduisednes , and the cautilous respects set forth by glosing words , may sufficiently secure him from feares and iealousies . one other doubt ( of great consequence and preiudice ) may much perplex princes , which is the vndistinguished and vnlimited nature of the causes , triable by the popes authority , for what cause can be supposed so meerely ciuill , as hath not some mixture of cases in conscience , and so to be referred in order to a spirituall end , becomming ( as in that regard ) of a spirituall cognizance . and then his holinesse ( holding himselfe onely in his owne element ) beeing the supreame iudge in spirituall doubts , how extendable is the amplitude of his power to any manner of debates or variences , which ( by complaint or appeale ) vnder a colour of devotion or religion shall be presented to his holy decision ? but the deadliest poyson that lyeth in the dragons tayle , is the disposition and ordination of the meanes , of giuing to such popes iudgements , the full blow of execution . for where the spirituall blast of his indignation , is not much regarded , there ( as the inferior rout of the clergy , doth ) his holinesse will not sticke to implore the ayde of the secular arme , be it forraine , be it domesticall , be it directly for the same cause , or indirectly ( i am in loue 〈◊〉 that distinction ) vpon the fore-plotted quarrells , be it by the sedicious tumult of insurrection , or by any 〈◊〉 audaciousnesse of 〈◊〉 . surely , when i consider the desperate 〈◊〉 . of some particular men , who abandoning all care or respect of themselues , and instigated onely with a seeming zeale of religion , do with violent hands of blood , enterprise the distruction of prince . i am induced to beleeue , that they haue some direct commission , or some indirect incitation so to compell and precipitate their ill gouerned mindes , into the horror of so vild an action : neverthelesse , i may not dissemble , that concerning any priuate exployts , in this kinde , they disclayme the approbation thereof ; though i am well assured , that experience to the contrary doth make it manifest , that they dissemble . this authority ( sayth this our satisfying mittigator ) doth not onely not allow the wicked and vnlawfull attempts of priuate men , but also doth expressely and publickely condemne the same , as in the councell of constance , the wicked article of lawfull killing of princes , by private men ( holding them tyrants ) is rejected and condemned . euery man seeth how resolued a case he maketh it , both by the catholicke divines , and by the cannon of the councell of constance , that no priuate attempts though of neuer so magnanimous a spirit against the life of a prince , though neuer so much tainted with tyranny , insuffieiency , infidellity , or heresie can be in any sort iustifiable . but that it may the better be knowne , that these be but fallacious and gay-coated words , ad faciendum populum , i will ( for bearing any mine owne refutations , encounter and contradict this smoothing p. r. with one of his owne fellow iesuites , that goeth more roundly , and plainly to this poynt : such a one as whether he bestowed his skill and faculty , with any mischiefeuous intention to animate wicked enterprises , ( for his booke was printed about the very time of our last so memorable plots of treason ) my charity will suspend my iudgement , he casteth no colours , nor feareth to deliuer boldly his resolutions , and encouragements to all catholikes . it is iohannes mariana , a spaniard and iesuite , and a diuinity reader , his booke is intituled , de rege et regis institutione , published in the the yeare . dedicated to the king of spaine , and printed per missu superiorum , yea and regia authoritate . now if mr. p. r. will allow this great scholler , comming foorth in lucem et oculos hominum , accompanied with such estate of attending approbations , to be a catholike , hee shall heare him speake , and then set him blame his temerity , for telling tales out of the iesuiticall schoole . the sixe chapter of his first booke , is wholy bestowed vpon this question , of the lawfulnesse of deposing or slaying tyrants . the particularity of killing the french king is argued , the reasons on both sides produced , pondered and enforced : his determination decideth , and adjudgeth the fact to haue beene just , prayse worthy , and agreeable to the catholicke grounds . he further setteth foorth , the receiued opinion of the church , to be that it is lawfull for subiects , when the king resuseth to be reformed , and after sentence against him , to renounce their obedience , to consult for the leuying of a necessary warre , to taxe the people , with the charge thereof , and with armed force and weapons , ( in such case of necessitie ) to set vpon him , to kill him , and destroy him , and then descendeth to this conclusion eademque facultas esto , cuicunque priuato , qui spe impunitatis abiecta , neglecta propria salute , in conatum iuvandi rempublicam , ingredi voluerit ; let any private man , which ( casting aside all hope of impunity , and carelesse of his owne safety ) will adventure to enterprise his endevors to relieue the common-wealth , take vnto him the same liberty , hath he not soundly and definitively declared the doctrine of the church of rome , and the very secresies and misteries of the iesuites profession ; to the apparant conviction of this mittigators fained attestations ? and to the foresaid councell of constance , ( which is produced to impugne this position of the practises , or attempts of private men against lawfull soveraignes ) hee also maketh answere in this manner , first , that no decree of any councell standeth good and holy , without the consent of his holinesse thereunto , then , that this decree was neuer approved by pope martin the th , neither would eugenius or his successors euer ratifie the same , and after declareth also , that the fathers of that assembly did chiefly intend that their session and consultation against the hussits who maintained that princes , for crimes by them committed , did forfeit their estate , and that thereupon they might lawfully be by any man deprived of that power which they vniustly held , or obteined . againe , that in perticuler and properly , they then purposed to opugne the proposition of iohannes parvus , a divine of paris , who vnder colour of this defence , that it was lawfull by private authority to kill a tirant , endeavored to justifie the fact of the duke of burgundie in slaying of the duke of orleance , in which case there were these diversities from that rule . here was betweene these persons equallitie , and no inferioritie , there was a solemne oath violated and broken , and here was no attending for the sentence , or direction of the superior . here we see two iesuites in two different opinions in a matter of greatest moment , both of them founding vpon the faith of the church , both approved permissu superiorum by the allowance of the superiors . thus hauing buckled together two principall iesuites to lugg and tugg each other by the eares , i will only thus far giue my verdit of their variance , that the spanierd mariana dealeth plainly and constantly to the practize of popery , and the ratificacions and afirmacions of the popes themselues , who will not endure any abridging of their prerogatiue power of proceeding against princes in what sort soeuer , and our english p. k. hideth the sting , would conceale deepe dissembled treacheries by protesting termes to secure vs from suspicions , till the venome of malice hath pierced all the veines of the state , and seazed our very hart and life-blood , by surprizes vnthought of , hauing brought vs into a carelesse and deceitfull securitie ; p. r. hath beene very curious and copious in trying , and examining his aduersaries allegacions , interpretacions , falsificacions , translacions , and applicacions , seeming so watchfull and diligent in that kind of animaduersion , as if he accounted it a shame , and foile , to omit any line or sillable vnanswered , for indeede , the whole bulke of his booke in this businesse , is fraught with no other stuffe then with such wrangling matter , of misavouching , and misconsterings of quoted allegacions . but that it may appeare how his deadly hooke resting in the beliefe of his heart , is covered over with an honied bait beguiling vs with fairer speach , i shall be bold to trouble him with one question . what is the cause that mr. mortons publication , of the solemne oration made by the pope xixtus the . in the consistory of the cardinalls , in the commendation of the notable , rare , and memorable act of the braue monke that killed the french king , and the inferrence by him made and vrged against the pope , for his maintenance of conspiracy , and treason , is both by the modrate answer first , and after , by this mitigating replier layed aside in silence , and not once handied , or glanced at by any seeming answer . the truth is , they were enwrapped with a dilemna to allow the fact was against their pretence in their position , and to disallow the pope , was against their faith in their religion they must defend by argument , what for outward carriage is giuen them in charge , sith it tendeth to their aduantagious purpose : and they may not ( without dispensation ) either presume to censure , or vndertake to oppugne , what his holinesse approveth , lest they betray and shake the foundacion of their supremacy . by this time , i trust his well cloaked dubble iniquity is discovered to his very nakednesse ; were it not now very strange that hee and i ( whom our former contencions haue so farr devided afunder ) should part reconciled , and well accorded ? in his sixt chapter ( of corruptions and falsificacions ) hee taketh hold of mr. morions exposition , that the imperiall and kingly authority in spirituall causes , reacheth no farther then as to outward preservation , and not to personall administration : hereupon he assureth vs , that if this be really ment , all the catholikes of england will presently take the oath of supremacy , requiring with an earnest challēge that as this is publikely printed , and that by authority , so it may have publike allowance & performāce to make it good , whereby as touching that poynt there may be an attonemēt . i feare that the man in the heate of his sudden apprehension , and without the wary consideracion which his pen hath been accustomed vnto , doth overshoote and forget himselfe . shall i thinke that he hath never read , or vtterly forgotten the oath of supremacy ? he hath so scanned and canvased the statutes of henry the eight , edward the sixth , and queene elizabeth picking at every mote thereof , and making a beame of the same ( though with a left eye , and a left hand ) that i cannot so much as surmize but that he hath had every threed of this question betweene his fingers . therefore ( if his former subtillity hath not suddenly betrayed him , and exposed him to derision ) as i must admire that he is so easily reformed in iudgement , so , i shall be content to embrace the occasion of a well gained agreement . and will p. r. the iesuite , and the rest of the english catholikes of the romish faction abide by this word in good earnest ? that if the kings maiestie doe not claime or assume vnto him personall administration in cause ecclesiasticall , the oath of supremacy shall no further be stood vpon , or refused . then let him bethinke himselfe of this part or clause of the oath , that no forraigne prince , person , prelate , state , or potentate , hath or ought to haue any iurisdiction , power , superiority , preeminence , or authority ecclesiasticall , or spirituall within this realme , if he digest this , then see how one thing draweth on another : all our former differences are at once , and in this one compounded : also , for if the pope ( being a forraigne prelate or potentate ) be excluded , from hauing any ecclesiasticall power or spirituall authority within this realme . then our question of his preheminency or jurisdiction in repressing the exorbitant and pernicious excesse of great men , as an ecclesiasticall iudge , or supreame pastor , direct , or indirect , is at an end clearely determined : i doubt not but his excellent majesty of his princely care to bring home so many lost sheepe , and to bosome them againe in his dearest loue , will affoord them that fauorable interpretation which this there aduocate and orator , requireth in their behalfe . in the meane space ( not to loose what we haue got ) i returne vnto p. r. the like charge of making good of his word , touching the oath of supremacy , in the sence and distinction afore mentioned , and therewithall might thinke it not reasonable , any further to stricke a yeelding aduersary , that by so voluntary an offer cleareth the cause from any further controuersie . but remembring the nature and quallity of our adversary and the many winding and intricaking trickes he is vsed vnto in the canvassing of this or the like controversies , i feare that this our reconciliation is rather seeming then substanciall , and will suddainly vpon a small touch , fall a sunder againe to as great a discrepance ; for howsoeuer he doth so franckly yeeld vnto his majesty , a supremacy , of the church in ecclesiasticall causes , as touching outward preseruation onely , let him be but sifted a little in his meanings , it will breake from him that he neuer purposed to strengthen the state and authority of our soueraigne , with any such power of absolute defence and protection , which shall presently appeare by ministring vnto him some few questions : i pray you sir , what church , and what ecclesiasticall causes , doe you consent to be within the kings royall preseruation ? is it incident and appropriate to his princely scepter , to mayntaine the religion now established in his dominions ? by making lawes for enforcing subjects , to an vniforme allowance , and profession thereof , by punishing recusants according to iustice , and by employing all his powers to suppresse the oppugners , or conspirators against the same ? dareth he to abide by this ? will he henceforth justifie this preseruation , and that by his religious oath , which hitherto the impoy-soned pens of these iesuited spirits haue not spared odiously to tearme a cruell persecution ? wee haue shaked him already from his attonement , with vs in this poynt , he will tell vs plainely , that the church and ecclesiasticall cause which he authorized the prince to protect and preserue , is onely the catholike church , and religion , and then ( as if orbs , and vrbs , were all one ) that the catholike is the romish , so that vnlesse the king will turne leigeman , with a kinde of vazilage to the sea of rome , his right of supremacy in the outward preseruation of the church , ( which this man dareth assure vs that all catholikes in england will easily accord vnto ) must be denied him , as not due and proper to the title of his regality , papacy is the pole-starre of all their contemplations , it is the centure whereunto are carried and cleaueth fast all their drifts and disputations . and no further shall any prince hold power ( especially , in ecclesiasticall causes which are all bosomed vp in the breast of his holinesse ) then the same shall serue in a sub-ordination to the advancing and exaltation of that most imperious romish hyerarcy . nay their temporall authority , also must be kitbed , stinted , and subjugated by that vntollerable yoake of popish vsurpation , except it should be made plyant , ranged , and accommodated , in ordine ad dominum papam , then ( not regarding p. r. his assurance of the voluntary submissions , and subscriptions of all catholikes of england , to the kings supremacy , according to the limitation or interpretation aforesayd ) we may well assure our selues that no english papists , ( finding this supremacy of defence and preseruation to tend to the subversion and extirpation of their idolatrous religion ) will euer yeelde oath to keepe fayth thereunto : yet ( hauing closed with him in a full consent vnto this position , that euery prince hath iure divino , the supremacy of outward preseruation of the church , and ecclesiasticall causes within his territories and dominions ) let it be remembred that he neuer hereafter scandalize the proceedings and execution of iustice in england against the refractaries and treacherous oppugners of the religion established in this realme , sith the same is the lawfull and necessary act of a well warranted and acknowledged supremacy ; from which our publicke profession of fayth is to receiue protection and preseruation ; i cannot but conceiue that this clearke p. r. wil be shent , and receiue some checke for his doctrine : for out of question if his holinesse , and cardinall bellarmine , haue enkindled their displeasures against mr. blackwell , the arch-priest for allowing the oath of alleagiance ( which contayneth onely an acknowledgment of the hereditary rights of temporall soueraignity , whereunto naturall duty , ( in respect of relation ) doth bind each subject : how much more heynously will it be taken , that this arch-iesuite ( as if both their arches , had slipped from them at once ) should so confidently condiscend to this artickle of spirituall supremacy , in the sence , qualification , or moderation , before expressed ? he cannot escape the blame , of forgetting or forsaking of his principles , neyther can he euer salue his offence , by any wily interpretation or beguiling distinction . his direct , and indirect , his absolute and conditionall , his mediate and immediate , his simpliciter and secundum quid or quatenus , and the like ( which in all his discoursiue argumenting doth make his way for him through many obstacles , whilst he treadeth out vnto vs his maze of circuler shifts , and manifold euasions ) can touching this his confession or protestation haue no place or serue him to any stead , because knowing aforehand how the case standeth in euery circumstanciall or considerable perticularity , he hath to the king of england within his seuerall dominions adjudged the supreame gouernment of causes ecclesiasticall , as in the office and care of preseruing the church , with the fayth and doctrine thereof , from all wronges or corruptions forraigne or domesticall . i encroach not vppon him by inferences and constructions , i onely take that which he so fully and clearely gyueth ; and do challenge him that what he hath deliuered vnto vs for his judgement and resolution , ( and that in high termes and vanting and flaunting of his aduantages therein . ) he will ( notwithstanding any reprehension or retreite from the pope or bellarmine ) still with the like brauery and constancy mayntaine vnto the end ; but shall i disclose a secret or rather a wonder vnto the world ? what if the very same author who so boldly assumeth and assureth at this time for all catholikes the title of spirituall supremacy , to appertayne to the crowne imperiall of this land , doth after in another set treatise , published purposedly , or rather maliciously , to traduce and discredit our gouernment , and to vphold the popes and cardinall bellarmines censures concerning the oath of allegiance , like a very changling , fall quite away from this his former so earnestly pro ferred and promised conformity , declareth himselfe , to be so farre from affoording his majesty by oath his supremacy of preseruation in causes ecclefiasticall , as that he holdeth it vnlawfull for a catholike conscience to take the oath of temporall allegiance , as repugnant to the religion of the church of rome , will not euery man of vnderstanding admire , how the same person can refuse to sweare allegiance temporall , that hath so readily and hotly , granted a supremacy spirituail ? to induce me to beleeue that it is all one person that hath so vndertaken to act vnto vs two so repugnant parts , i haue ( besides fame and report ) and a kind of idempnity in the phrase and stile , some very approveable probabilities , his mencioning of the powder-treason in these weake and tender tearmes , of that headlong action of a few catholike gentlemen , and such other lamenting speeches , for the euill cariage , or miscarying of the enterprise without any one apt or right expressing word to denotate or condemne the foulenesse thereof , is certainely moulded with the soft hand of this our countersetting kind-hearted mitigator , his shaping and propounding of the generall question concerning the popes authority over princes , is conceaved even in the same words which this p. r. hath vsed in delivering and expressing the same , and then acquainteth vs with his supposall , that it was never the meaning of such catholikes as tooke the oath of allegiance to deny simply and absolutely , that the pope as supreme pastor of the catholike church hath any authority left him by christ , either directly or indirectly , with cause or without cause , in neuer so great a necessitie , or for neuer so great and publike vtilitie of christian religion , to proceede against any prince whatsoever , temporally , for his restraint or amendment . is not this the very same water of the same cesterne ? he yet goeth further for better proofe and confirmacion of his said supposall by the selfe-same reasons set forth verbatim : for that they should thereby contradict the generall consent of all catholike divines , and confesse that gods providence for the conservacion and preservacion of his church and kingdome vpon earth , hath beene defectuous , for that hee should haue left no lawfull remedy for so great and excessive an evill as that way might fall out . i had set the print of my fingers vpon all and every of these words before , so that by that brand they were presently knowne vnto mee , and their author or owner apparantly discovered , howsoever as a iesuite he stileth himselfe gent. who bound to no order may assume any shape . then presupposing vpon these likelyhoods , that in the pursute of this my slippery adversary ( iesuite or gent. ) i haue met with him againe as at a new turning , i must not let him escape vntill hee make mee a good answere , how he can affirme for the king a supremacy ecclesiasticall for preserving of the church , and yet alledge against the oath of allegiance a more supreame power in the pope , to suppresse and annihilate that supremacy , and that in a course of temporall supereminency ? i ever tooke supremacy to be such a superlative , as admitteth no superior : i never heard of any subalternate supremacy , it hath too harsh and absurd a sound ; but that any temporall prince absolute of himselfe , vndependent vppon any higher on earth , immediate to god almighty should be over-awed or over-topped by the pretended primacy of a luciferian prelate , and that by the brandishing of a temporall sword , and imploying forces , coercians temporall , what can be more vnsensible to be conceaved , more vnreasonable to be maintayned , or more impious to be practized ? yet the only cause and couler why the pope commandeth , and the cardinall adviseth , the catholikes of england , to forbeare and refuse to take the oath of allegiance , is this , that in the said oath is couched and included the derogation , and renunciation of the sufficiency and absolutenesse of the popes authority over or against his majestie , claymed by vertue of his high office of supreame pastor , whereby he is enabled to proceed against any prince whatsoever temporally for his restraint and amendement , or to permit other princes to do the same : so that the question of the lawfulnesse of this oath , and the question argued in these few leaves of my labor concerning the popes arrogant vsurpation , hath not any threed of difference sorting both alike to one and the same purpose . therefore if vnto my former refutation of the mittigators , immoderate attribution of power vnto the pope , i shall ioyne some few animadvercions vpon the epistoling gentlemen : also ( an alter idem of p. r. ) for the better observing and discovering of his deceitfull and disloyall cariage , in the reproving of that oath , it will be a continuance of the same skirmish , and the like battering of the same bulwarke which the pride of rome hath erected and endeavoreth to fortifie against the dignity of kings and the truth of god. first i observe that howsoever he vndertaketh in generall tearmes to make good the popes desision touching the refusall of that oath on the part of his maiesties catholikes subiects , yet in his perticuler arguing thereupon , ( as if he were also another pope , whom as a iudge , it becommeth not to dispute ) he discusseth not the severall parts to be disliked in the oath , or setteth forth plainly and contradictorily the words which hee will hold or maintaine to be vnlawfull or cumbersome to the squemish conscience of their pretended catholikes , whereby a true state or issue of the matter in question might be taken in consideration , but in stead of such expresse and positiue mentioning of the disliked parts of that oath , glideth away in his glosing fashion wiht bare affirmation of dangerous doctrinall clauses , conteining matter of faith craftely conioyned together , with the exacting of civill duty , preiudiciall to the integritie and purity of catholike religion . this kind of handling a controuersie , is rather resoluing then reasoning , and more pope like in determining as a iudge , then scholler like in demonstrating as a disputer : why doth hee not to euery branch , of the sayd oath affixe and oppose his negatiue , without any such faynt plea , or fumbling and broken speeches , cut of with &c. will the distinction of direct , and indirect , as he maketh it to serue the pope for actions and authorities , so serue his turne also in speaking and argumenting ? standeth it with any logicall rules , to induce or inforce conclusions , indirectly by conception and application , which ought to be produced directly , in a full opposition to the questioned proposition . then where the oath hath these plaine words , that the pope hath not any power or authority to depose the king , or to dispose any his maiesties kingdomes , or dominions , or to authorize any forraigne prince to invade or annoy him in his countries , or to discharge any of his subjects from their allegiance and obedience to his maiesty , or to giue licence or leaue to any of them to beare armes , rayse tumults , or to offer any violence , or hurt to his majesties royall person , state , or government , why doth not he in justification of the vnlawfulnesse of this oath , by as playne , full , and broade termes , tell vs that the pope , by the capacity of his omnipotency , is indued with so plenary a power , as that he may depose the king , dispose his kingdomes , authorize forraigne invasions , discharge his subjects from allegiance , licence them to offer violence to his royall person , state , or gouernment ? and that for that regard the conscience of the catholikes may not be obliged by any such prophane oath , impyous against the pope , and the amplitude of his pastorall primacy ? but doth hee in any-one line of his whole volume , let slippe any word expressely declaring , naming , or mentioning any power of this nature , and that lawfully may produce these effects , to be invested or bestowed vpon his holinesse ? i am perswaded that the igniculi of naturall duty , the morsus of an acknowledging conscience , and the pudor of his face ( which perhaps yet retayneth some remnants of modesty ) would not suffer him so far to degenerate from naturall notions , so farre to be alienated from his dutious recognicion , or so farre to passe all the bonds of shame , as directly , and roundly to deliuer vnto the world any sentence so monstruous , and so full of horror and heynousnesse . neuerthelesse hee hath taken such a taste of the sower grape of rome , and is dipped so deepe into the venome and malice of that imperious and persecuting church , as that yet indirectly , and by a subtile conueyance of his meaning , hee giueth vs to vnderstand , that his inward soule , hath pronounced this doome and judgement against his annoynted soueraigne , and therefore that soule , must not be entangled , stayed , or bound , by any brideling or restrayning oath to the contrary . but how doth his outward man manage these difficulties ? iust in the same manner to an hayres breadth , as mr. mittigator ( whom hee may call his ille ego ) doth that is closly , dissemblingly , timorously , and treacherously : in the place of the pope , hee vseth the entitleings of supreame pastor , the deposing and killing of princes , hee compriseth , and couereth vnder the words of proceeding against , and restrayning of them , what is done by inuasion , insurrection , or force of armes , is included in the word temporalty , the stirring vp and appoynting of other potentates , to partake , in the quarrell , is brought in very gently in this good shew of permitting other princes , &c. now fie vppon this blaunching and disguising oratory , if hee could passe away cleanly with these easie and fauouring phrases , hee would steale out against vs , ( as not suspecting his harmefull intentions ) his deadly writ of execution : this one word of restrayning would ( like to a ball of wild-fire ) disclose it selfe , and breake a sunder , into censuring , depriuing , deposing , destroying , and murthering of soueraignes , and would haue no meane , or end of oppression or tyranny . next , admitting him to this liberty , as not to single out any speciall , or particular clauses of the oath , let vs examine how hee prooueth that there bee enwrapped within the sayd oath , poynts of religion as well as of 〈◊〉 obedience ; he maketh reckoning to haue shewed it by foure seuerall distinct wayes : i will beare him witnesse that the wayes be seuerall ; for onely one of them hath shewe of leading vs to the scope and conclusion fore-intended , the rest are all straggling pathes , quite from the purpose , for are not these i pray you good arguments ? the pope telleth the catholikes that hee hath heard , that they are compelled to go to the churches and assemblies of heretickes , and to be at their sermons , ergo , the oath of allegiance contayneth matter of religion , as well of ciuill obedience . againe , bellarmine compareth the oath to the crafty composion and commixture of the images of the emperor iulian , and the pomim gods , all coupled and combined together in this imperiall banner : ergo , by an argument ab authoritate , there be in that oath poynts spirituall and temporall conjoyned together . lastly , the good gentleman doth kindly make this reall offer for satisfaction of his majesty , that hee will sweare vnto him , as much loyalty as euer any catholike subject of england did , vnto the lawfull kings in former times before the change of king h. . ergo , there lurketh articles of sayth in the sayd oath , vnder the pretence of ciuill duties . the first of the foure , seemeth to shute faire , and and at the least to sticke in the butt , though farre enough from the marke ; and thus it speaketh , from the plaine expresse words , sence , and drift of the oath it selfe , that besides the acknowledgment of our soueraigne to be true king and rightfull lord ouer all his dominions ; and that i will be a true loyall subject vnto him and such other clauses , whereat no man sticketh or maketh any difficulty , the sayd oath contayneth further , that i must sweare in like manner some poynts , concerning the limitation of the popes authority , to wit , what hee cannot doe towards his majesty , or his successour in any case whatsoeuer ? which question brought vnto the thesis of all kings toucheth ( sayth he ) a poynt of doctrine and catholike beliefe , concerning the sufficiency of of pastorall authority , left by our saviour in his church vnto st. peter , and his successours , for redressing of all inconueniences that may fall out ; and this to forsweare hath perill of euerlasting damnation . there must be a monstrous strayne , nay , hee must breake through and steale , before his holinesse with his predominate power , can get into the creede . 〈◊〉 haue before set in his way crosse barres , and obstacles ●● nough , which hee will neuer be able to 〈◊〉 〈◊〉 impeach his assention into any such height , as 〈◊〉 〈◊〉 our consciences , the article of catholica ecclesia , 〈◊〉 be no cloake or conductor for him , nor shall 〈◊〉 〈◊〉 canopy over his high estate of ● , 〈◊〉 callity . the argument wherewith this gent. doth 〈◊〉 〈◊〉 pope to so eminent a place of power , and reputation that his prerogative is past questioning , and that vpon paine of 〈◊〉 , is this , every oath that conteyneth poynts concerning the limitation of the popes authority , is an oath belonging to religion ; but this oath expressing what the pope cannot doe towards his majestie , or his successor in any case whatsoever , is an oath concerning the limitation of the popes authority , therefore this oath is belonging to religion : if the maior propofition be vntrue or vncertaine , all the rest tottereth and falleth , as without foundation : i will examine the same by the pondering of the particuler words thereof . first , ( belonging to religion , in a generall sence may comprehend all the actions and resolues of men : yea ciuill duties , also are within the spaciousnes thereof , because a true christian is governe his whole life and carriage by the rules of his religion : but this disputor must narrow the signification thereof more precisely , tying and applying the same onely to the articles of payth . secondly , the popes authority must vndergoe the like distinction as themselues haue propounded vnto vs , ( that is to say ) what he may doe as pope , and what he hath accustomed to doe by other acquiered titles , or by meere vsurping intrusion . now then to say , that euery limiting of the popes authority whatsoeuer the same be , or howsoeuer obtayned or exercised belongeth to the articles of beleefe , i for my part will neuer beleeue it , and i do not thinke , that any of their owne secritaries will be so much besotted , i will explayne my meaning by instances and cases of the like condition ; suppose that the pope would pretend and pleade that the king doth hold of him the crowne of this land , and therefore as superior lord , will require homage or trybute , and in default of rendering the same , will invade his dominions with sword and force : if in this case the king shall for more security of his imperiall state , aske ( vppon allegiance ) the oathes of all , or any his subjects in detestation of that claime , may the catholikes make scruple of conscience concerning such an oath , because the same seemeth to limmit and abridge , the popes pretended right and authority ? making in the meane time no religion of the limitting , lessening , and detracting from the soveraignes title and pre-eminence ? perhaps they will say that this is a question of civill right , and that the subject is cleerely bound to maintaine the prince . but how if the pope pretend withall his pastorall care , and preservation of matters spirituall , then i trust ( in ordine ad spiritualia ) his temporall attempts must bee supported , by his spirituall children , against the king and country . againe , let it be conceiued that the pope much mooued with indignation , at the execution of iustice ministred in this kingdome , against the treacherous conspirators of the popish faction , should vpon that gnawing grudge towards the iudges of this land , take vpon him by solemne censure , to depriue and displace them from their iuridiciall offices , wherein ( though he can assume no ordinary or rightfull power ) yet in ordine ad spiritualia and for the generall releefe , and necessity of the catholike cause hee adventureth as from his pastorall charge , to pronounce them from henceforth to be incompetent iudges , commanding all catholikes also to reckon of them , and the iudgements by them giuen : now the question is , whither to make a constant asseueration that the pope hath no such authority , be vnto a catholike conscience a poynt of faith or religion , because of such limiting bounds , disabling the pope in his supposed sufficiency of his generall function for the good of the church ? if the denying or abating of the popes authority over these inferior minifters of iustice be not accounted cumbersome to the c̄osciences of catholikes ( wherein i thinke they will make no doubt ) why should the abjuring of this papall power ouer our supreame magistrate touching the 〈◊〉 and destroying of him , be thought so dangerous , and damnable , or repugnant to their owne religion ? will religion allow him more liberty against the highest , then against the meaner substitutes ? or if hee haue such a rule ouer princes themselues , why not also ouer the subordinate officers of the kingdome ? to command , direct , authorize , or suppresse them , to the best auayle and aduancement , of the catholike side , that so hee may become more then monarchiall , by an absolute and vnlimited dominion ? this gent. saith that touching the acknowledgement of our soveraigne to be true king and rightfull lord over all his dominions , no man sticketh at that : but , i aske , whether if the pope haue already enwrapped his majestie within any of his generall sentences , or shall declare by any especiall means , that he is not to be acknowledged king , will not then the catholikes sticke at that ? must not they refuse to sweare vnto that clause of recognition also ? for feare that his holinesse be questioned and limited in his owne powre and preeminence ? i will not feare to affirme , that the true allegiance , and obedience of a naturall subject , cannot dwell together in the corrupted heart of a devoted & dissembling papist , and therefore no marvell that the heart preposessed with papacy , doth cast such doubts , of offending his dearest love , especially having plighted faith , and vowed his service , by all constant endeavors thereunto . this contrariety of masters , must needs breed iealousies on both sides , for as the pope forbiddeth papists , to sweare their allegiance and fidellity to the king , ( fearing lest himselfe should thereby be excluded and renounced ) so the king can never thinke himselfe secure and assured of those subiects , who ( from their acknowledgement of the popes superiorship over the king , and that in such a degree as may indure no limiting ) dare not be affianced by oath to the safety of the king against the decrees and designes of their dominus dominancium . then what will they say , or do , to free his majestie from feares and ielousies ? doth this supple gent. thinke to make or bring confidence , which i hope in gods goodnesse that the pope will never attempt any thing in preiudice of his majestie . surely sir , your hope is too weake a stay for our state to rest or trust vnto : for what if the same great important and vrgent cases , concerning christian religion doe fall out wherein yee averr the popes authority over princes : then in that case i perceive the best answere wee shall expect from you will be the fooles proverbe , non putarem . for here againe you feede and foppe vs one with another of your hopes ( which wee hope will never be betweene our soveraigne and the sea apostolike . ) is it not more then strange that this so provident coniecturer of future events , should hope that that matter will neuer be ; which long hath beene , continually is , and i trust perpetually will be , seeing , that these same great , important , and vrgent cases concerning christian religion haue done , and doe dayly fall out , betweene our soveraigne and the sea of rome , called by him apostolike , therefore it appeareth that the man hath lost his wits , whilest he would obtrude his hopes . the true conclusion is , that for as much as these great and important cases are in continuall conflict and question betweene the pope and his majestie , and that consequently the authority of the pope lyeth prest in dayly readinesse to represse and suppresse his majestie vpon all occasions , as it concerneth his royall person , for the preservation of his life , state , and dignity , to assure himselfe of the vnviolable faithfulnesse of his subiects , so that must needs be accounted a disloyall and vnnaturall part for any subiect to be so seduced , by hipocriticall pretences , as to adhere to a forraine and fained clericall primacy , against his alleagiance , love and duty , towards his true soveraigne lord and king. the gent. vseth many glorious and plausible speeehes of the humble acknowledgment of all temporall dueties to his majestie , and iumpeth with the mittigator in opinion , that it is not vnpossible for the catholikes to conforme in subiection to the civill goverment , and yet to reserve their consciences to the religion of rome , if this were affirmed of such countries only where the prince is of the romish faith , or of this nation whilest the pope had some hold , and prevalency in the same , then perhaps we might come neere to an agreement in this poynt , but where the prince and pope are of religion so repugnant and opposite , where the pope is quite secluded and expelled frō any power eccleslasticall or civill , and where the prince as in the right of the crowne , is the defender and preserver of the faith within his kingdome , there we are taught by experience , and directed by reason , that the entertayning and professing of papacy , is the renouncing and repressing of regallity . i weigh not the allegation that is made , of the long continuance for well-neere a thousand yeares , of the admission and permission of the popes superioritie in this realme , and how the same for all that space stood vn-offensive vnto this state , for whilest there was either subiugaiton , or coniugation of the two powerfull commands , their contrarietyes and repugnances could not be so apparently discovered , as they be now manifested , by the distinguishment and finall dissevering of them into their proper natures , rights , and limitations . i haue read diligently that great volume , avouched by this gent. written with much labour to this poore purpose , of declaring the papal pre-eminēce within this cuntry , ever since the first conversion thereof to christianity , vntill the reigne of king henry the eight . the authors sedulity and devotion may amongst the birds of the same feather , receiue his reward , ( at the least ) of commendation , but i will vndertake with one short answere , ( consisting but of two parts ) to runne my pen through every line of that huge bulke , blotting and putting out whatsoeuer he hath painted , foorth for the best shewe . first , ( forbearing to refute their fables , and taking their owne accompt of time , which they make of the entry of the romish religion into this land , ) it is euident that the mystery of iniquity , and the antichristian arrogancy of the romish prelacy , was then reuealed and exalted into worldly pompe : so as they then sending of factors into these parts , was but to conquer the simple people , of that vninstructed age to the bondage and yoake of rome . ' and therefore no maruaile , if they were still held in the same , or the like subjection in the succeeding times , wherevnto they were at the first surprized by politicall handling , and with much simulation of piety trayned one for intromitting , and acceptation thereof ; and i cannot invent a fitter resemblance whereby to represent the cunning carriage of that plot in those dayes , then that which cardinall bellarmine hath vsed and applyed in this question . which is the crafty composition and commixture of images set by iulian the emperour of himselfe and the panim gods coupled and combined together , in his imperiall banner , for as that emperour vnder the shew of reuerence due to be performed to himselfe , though to haue seduced those good christians to the honoring of idols , so in those darke and vndiscerning times of our fore-fathers , by the tempering and ioyning of the christian religion , and the antichristian vsurpation , their simplicity was abused , and they by subtile practises , wrought vnto such a credulity , as that together with the sweete comforts of christ , they sucked in at once the poyson of romish idolatry , and the oppression of papacy : the second part of my answere is , that notwithstanding such encroachment of the popedome vnto this kingdome , wherein by stealing steppes and sundry hypocriticall passages that had gotten good footing , keeping in the meane while both prince and people in an ignorant devotion , and a dread of damnation : yet did the kings of england , from time to time , feele themselues and their soueraigne state to be enthralled and wronged by the ouer-awing , and busie intermedling of that vniversall pastorship , and therefore omitted not , vppon all occasions , to make knowne their dislikes and reluctations , to vphold the course , and force of the ancient common law , to defend and put in practise the imperiall prerogatiues of their crowne , and to restrayne the exorbitant ambition of the sea of rome , by prouiding statutes , vnder grieuous penalties against the subjects of this land , that in derogation of the iustice , gouernment , and regall rights , of the king , did make recourse vnto rome , by way of appeale , impetration , or other pretences contrary to the naturall obligation of their faith and allegiance . but it will be sayd , how came it to passe then , that the subjects held on their former orders , and no whit refrayned from rome , yeelding still to the pope the same their dependency , and acknowledgments : that shall i also tell you , the pope and councell of rome ( knowing right well , how fully they had possessed all sorts of people , with a blind zeale , carried after idle ceremonies , and well pleasing superstitions , and remembring that they had so seazed and fastned vpon their conscience , as that euery one held the saluation , or damnation of his soule , to consist in his obedience , or disobedience to the church of rome , ) did crosse and avoyde the execution of such states by decreeing and sending foorth their ecclesiasticall execution , of suspending , and excommunicating , of all ministers of iustice , or other ministeriall persecutors whatsoeuer , that should attempt to enforce , or execute any such 〈◊〉 ; by this meanes of denouncing such terrors to the soule , the mightinesse and authority of the pope , grew dreadfull and powerfull , vntill it pleased the almighty god , by the revelation of his truth , and discouery of popish falshoods , to inspire with courage and magnanimity the heart of that right noble king h. . who finally without any feare of his thunderbots , accomplished that worke of freeing this realme from the grieuous butthen , and heauy yoake of the popish supremacy , which diuers of his prodecessors kings of england , had often , and much endeauoured , and desired to do , if their illightnings with grace , and enablings with meanes , had serued them thereunto ; thus it is made cleare , that the popes authority , neither at the first landing thereof vppon the coast of this kingdome ( which was not in the purer times , but yeares after , christ as themselues confesse , when the church of rome was falne from sincerity ) neyther in the continuance and exercise of the same was lawfull , allowable , or beneficiall , but rather intruded , offensiue , and prejudiciall vnto this state ; and for his motion of sampling our proceedings to the practise vsed in other countries ouer catholike subjects , in this poynt of excluding the pope for intermedling temporally against princes , shewing that they will be ready to answere as much duty and allegiance to his majesty , as any such catholike subjects in any other kingdome doth , or is bound to doe : he must know that he must then make and take his patterne , from the protestant princes , who haue resumed their ancient and originall rights , and not from them whom he calleth catholikes , that honoreth the best , and dishonoreth themselues ; wherefore the gent. may hold his hand from the booke , his kind offer of swearing vnto his majesty as much loyalty as euer any catholike subject of england did vnto the lawfull king in former times and ages , before the change of king h. . will not be accepted as a suffring seruice or duty ; then was both king and people made drunke with the popish cup , of spirituall fornications , the kings then were but halfe kings , and the subiects but halfe subjects ; his holinesse had pared away so much from the one , and gayned so much vppon the other , the one could not be absolute in commanding , for feare that his superior should enterpose , the other could not be absolute in obeying , because there might come a stronger countermaund ; then what hath this offer more then thus ? we haue beene filthy and will be filthy still . and why should not his maiesty require of his subiects such obedience , as by the rules of the true reformed religion , which hee professeth he lawfully may doe ? or is there any reason that he should still be held to the former wrongs , and disaduantages , which ignorance , hypocrisie , pride , and other manifold corruptions did beget and produce against his crowne , and soveraignity : is it to be reckoned a poynt of fayth and saluation to lay forth a limitation of that power which hath beene heretofore so infinitly extended , and so vniustly claymed ? and what is this limitation ? forsooth that the pope cannot make kings no kings , or subiects no subiects , that his spirituall sheephooke may not subdue the princely scepter , nor order and dispose of temporall rights ; why may not the pope be limited with some clauses ? of what he may do , and what he may not doe ? the gent. dogeth me , with p. r. his distinction of directly , and indirectly , which importeth thus much , that in plaine , true , and in direct course , to his pastorall office , there be fixed bounds , which he cannot passe , but in an vndue vnproper , and indirect course , he may goe where he listeth , neyther hedge nor ditch can hold him , neyther can there any matter of cause be conceiued , wherevnto this indirect and outstretched power may not be carried , we reckon in the common acceptation of speech , vndirect dealing to bee fraudulent and vniust dealing , and why shold it not likewise be vnderstood , that this indirect authority is a wrong vsurping , and mis-begotten authority ? the temporall is subordinate to the spiritual therefore ( in ordine ad spiritualia ) he that hath all spirituallity , may in that regard , as occasions be ministred , rule , and order any temporall thing , or businesse whatsoever ; this is the reach & strayne of their ( indirectly ) which can be no lesse then a direct and shamelesse illuding shift , for maintayning whereof , and iustifying of that infinity of doing and determining , so many english subiects , must forsake and abandon their obedyence , breaking a sunder all the chaynes of loue and allegiance , which nature , lawes , diuine , and humane , and necessity it selfe doeth tye them with , alas , that vppon so slender proofe , not contayning so much as a shadow of any probability , our deare country-men enjoying the benefits of the same soyle , and pertaking the protection of so gracious a prince : whereby their liues and estates are preserued in peace and good repose , should bee bewitched to their owne woe , and seduced to the stirring of sedition : yet it is not vnknowne that diuers of them moued more with the true zeale of rendring to his maiesty , their dutious respects , then carried with that head-strong , and blind zeale , of attending the pleasure and commands of their great dragon , haue willingly ( and as wee are to judge ) faithfully taken the oath aforesayd , to the exceeding comfort and ( as he entertayneth the same with an acceptable construction ) to the assuring of his maiesty , of their vnfeined fidellity . but this cauilling gent. taketh exception vnto , and maketh considerations vppon the words , ( willingly and faithfully . ) first , for shew and proofe that they haue not done it willingly or freely : hee alledgeth that the statute imposing such a paine vppon the refusors , doth make a kinde of restraynt through feare ; and so depriueth them both of liberty and freedome ; i appeale to the parties themselues , that haue taken the oath , who speaketh more truely and honestly of , then he , or i , when i finde it a branch of their oath , that they doe sweare willingly , i doe beleeue them , not taking them to be so reprobate , as in any such 〈◊〉 rate manner forsweare themselues : neither doe i 〈◊〉 , so 〈◊〉 of them , as that the passion of feare could so farre transport them as to make them sweare 〈…〉 : he ( belike knowing them better then i ) 〈◊〉 against them , that they haue not taken the oath willingly , and therefore they be directly 〈◊〉 , yet he thinketh he hath pleased them againe , and falued the matter by laying the fault vpon the enforcement of feare , wrought in their hearts , by the rigiour of the law : in the meane time hee maketh them in their religion to be very faint , and of little faith , if worldly respects and dread of calamities . can so farre stagger them , or preuaile ouer their infirmities , as to make them feare man more then god ; and so in an vnbeleefe and prophannesse , hazard saluation by forswearing ; but because he so carpeth at the carriage , and composure of that oath , and the enterlacing of those words , i would aske his opinion whither it be not lawfull and reasonable that any magistrate may , yea ought , to charge the conscience of him that sweareth , that he shall doe the same willingly , and faithfully ? or doth he know any oath , wherein the same are equall thereunto , to expresse the trueth and sincerity of the heart , be not eyther directly vsed , or necessarily imployed ? his supposall of feares , troubles , or losses , is as applyable to the taking of any other oath , and by any other persons aswell as to this , by them taken , seeing that there is no oath prescribed to be required or exacted of any subiect , but the refusall thereof doth occasionally , and consequently , draw dangers and losses to the partie so refusing . and doth hee thinke it fit to infert thereof that all the oathes that are propounded with such condition , or likely to breed such inconvenience to the refuser , are not taken freely and heartily ? i wish his wits more freedome , and his heart more loyalty then so to judge . if the oath had stayed at the recognition of his majesties right vnto the crowne , and had not mentioned the popes authority , or any restrictions concerning the same , the heauinesse and extreamitye of the penaltye appoynted against the refusors , and so much aggrivated by this gent. had not beene charged as a compulsarie cause , or any privation , or impediment to the freedome of the catholikes consciences , whereby it is made evident , that not the manner , but the matter of the said oath , it is , that stingeth and offendeth them so much , for otherwise they will not deny , but his majestie may lawfully , either by oath ( which putteth vpon their soules an awe and obligation spirituall ) or by propounding correspondent punishment temporall ( which often worketh a suppression of outward attempts ) secure himselfe so farre as he may of good affection , or at the least of no aversion in his subiects . as touching the other word ( faithfully ) howsoever he comments vpon the same either by way of interpretation of the sense and meaning , which his catholikes reteyned to themselves , when they tooke the said oath , or by way of direction vnto such as shall hereafter be pressed thereunto , what cautelous reservation they may make by a mentall conceit , ( for surely by giuing his judgement what the former haue done , he intendeth to instruct the rest what to do ) yet for my part , i will still hold my selfe in my rule of charity which before i haue obserued , that for as much as they haue sworne , that the words by them spoken were sincerely acknowledged , according to the plaine and common sense and vnderstanding of the same , without any equivocation or mentall evasion , or secret reservation whatsoever . i doe not beleeue , that any of them haue vsed any such damnable deceit , or haue so apparently and grossely foresworne themselues . can this gent. be so hard-hearted towards his beloued , as when he seeth and rehearseth the very words of their religious asseverations , and protestations , and that with this concluding clause ( by the faith of a christian ) yet to iudge that they tooke the said oath in the same lawfull sense and interpretation which might stand with the true catholike doctrine , making them thereby equivocators , and mentall iugglers , yea , expresse periured , if they haue secretly reteyned any others meanings then as the common and plaine sense of the words affordeth . but how doth he convey and conster that part of the oath as concerning the popes authority , in dealing with temporall princes ? what moderate meaning hath he found for the safegard of the catholike consciences that haue taken that oath ? truly this devise and exposition is so sleight and simple , as that i am verily perswaded he propoundeth and publisheth the same , meerely for the instruction and practise of the simple and vulgar catholikes : the learned amongst them would be ashamed of so meane and vnschollerlike a shift , to wit , that in swearing , that the pope hath no authority to proceed against princes , they should subunderstand ( without good cause ) for this inperpretation ( saith he ) is agreeable to the integritie and sinceritie of the catholike doctrine , quia illud possumus quod iure possumus , and i pray the gentlemans worship , to tell me whether non possumus etiam quod iure non possumus , is not power for the most part extendeable beyond right and iustice ? but in this case the question it selfe being de jure , whether the pope rightfully and lawfully ( as incident into his pastorall place ) may exercise power and authority over princes temporally , how frivolously , and ridiculously , is this evasion devised , that hee may not doe it without good cause , which is as much to say , hee may not doe it lawfully , except hee doe it lawfully . why ? the question is not what hee may doe vnlawfully , for then wee might give to some one pope an exemption , and dispensation for more sinnes , then there were vertues among them all . but when it is asked what this supreame pastor may doe , or what he may not doe , in the right of his ministeriall office , this same ( jure ) hath reference to the authority generall , and not to the exercise thereof in any vnlawfull particularitie . yet i may not so haue done with this his so foolish conceit , lest if i let him passe therewith , hee may gather vpon me another absurdity , that ( with good cause ) the pope may take vpon him the power , which we absolutely deny him , who knoweth not , that the cause and offence may be such as may moue and provoke the dislike of all men ? yet the correction , reformation and restraint belongeth not to all men , but only to a competent and authorized iudge , which the pope over princes can never be , especially in temporall affaires , neither directly , that is truly and by commission , nor vndirectly , that is coulerably by any devised or fained pretence , wherfore if he can invent no better an hiding corner for dissembling swearers , i hope there is no catholike will make vse of his so fond a reservation and favorable interpretation , which indeed is all one , as if he asked leave to speak senselesly , to meane deceitfully , and to practize treacherously ; presently after this out of his charity he had conceaved this escape by construction , for the consciences of catholikes , forgetting ( as it seemeth ) that the said oath had by speciall words provided against such reserved meanings , he remembreth himselfe better acknowledging that as this case standeth , they may not well induce themselues to equivocate , or sweare in any other sense then frō his maiestie is proposed , and concludeth it to be lesse hurt plainly to deny to sweare , then by such swearing to giue no satisfaction neither to god , the king , himselfe , nor his neighbors , thereupon falleth into a deepe grave invective against this great pressure laid vpon mens consciences , shewing that howsoever we recken it a godly devise & intent , and that god did accordingly blesse the same , yet that no violēce or oppression whatsoever is like to this , and that the devising of this new oath was no blessing , but an vnspeakable afflictiō and augaraciō of mind ( his angry passion forging vnto vs that new word ) and in this fuming fashion he preceedeth , not forbearing to tell vs that by such extreame vexing of men , we shall gaine nothing , and giueth vs further to vnderstand , that such forcing of men against their consciences may make vs more doubtfull of their good will after they haue sworne , then we were be-before ; and that iniury receiued , must needes stirre them to more auersion of heart , working contrary effects to that which is pretended ; nay , he dareth also to adde hereunto some threates and terrors , setting foorth that amongst all other passions , none is more strong then that of reuenge for oppressions receiued , and therefore would haue vs conceiue , and apply it , that such as do not sticke to sweare against their consciences , for feare or other passions , will as easily breake that oath vppon like motiues if occasion serue : in this boyling manner doth the fervency of his spirit inkindle the inclinable hearts of the male-contended , catholikes , by the memory of their wrongs , and with vehemency of words , making incitations , to sedition , and insurrection ; his theologicall resolving that wee commit a grieuous sinne , when wee force and presse men to sweare against their consciences , making the same the highest degree of scandall actiue , tendeth to no other end , then to scandalize the iustice of our state , and to animate their mutining and factious complices , to some desperate vndertakings . and because hee sayth , that such their catholike doctrine , will not be denyed of the learned protestants themselues : he forceth for answere a declaration of the truth , positiuely mayntained amongst vs in that behalfe ; wherein ( first absolutely denying that de facto we inforce any so to sweare ) or that the tenor of the statute , or any rigor contayned in the penalty thereof , doth presse them to any repugnancy , against their consciences , we confesse that amongst priuate men in particuler neccssities , for discouering of some truth , which otherwise cannot be made knowne this course of giving and taking satisfaction by a voluntary oath is held in vse , and that needfully and lawfully ; and that in such debates of priuate nature , it belongeth to the discretion , honesty , and conscience of any well aduised man , not to require or accept of the oath of any such as hee by vehement presumption mis-doubteth will forsweare himselfe . but when for the publike good , and by publike authority of the law , the publike officer or magistrate is enioyned to vrge an oath , or to be satisfied by the same , he therein ( for performing and executing of the direction and command of the law ) is not to be blamed , neyther committeth any sinne , though in his priuate opinion hee shall suspect that the party so brought to his oath , will falsly or corruptly forsweare . for heerein hee is but a minister of the law , and must leaue the searching into the secrets of the heart , to the almighty all seeing , and all iudging god , his duty and office both worketh and endeth in the act of the law , saving that piety and charity may mooue him zealously to admonish him that so sweareth , to haue god and his christian faith in remembrance , and to beware of all precipitation into the danger of hell fire . this godly and charitable aduisednesse , ( i am well assured ) is duely obserued by the magistrates of this realme , not suffering any to passe so carelesly , as not with louing tendernesse to admonish them , of the important poynts , of that oath , and to adhort him to plainnesse , and willingnesse in taking of the same , that their consciences may not after be combred , and confounded with scruples , conflicts , or reluctations . he affirmeth a likely obiection to be made on our side , for defence of the enforcing of catholikes to this oath , which is by way of justification , of our doings therein , to be agreeable to the practise of the romish church , or in a course of recrimination that the popish authority is more or equally culpable of the same offence , because in the tribunalls of inquifitors , men are forced to abiure their opinions , and that vnder paine of death , or other most grieuous punishments . now what is his answere , and what is the difference which he findeth out , to convince our constraynings to be dissauowable , and theirs ( much more violent and tyrannous ) to be approueable ? marry , because the catholike church hath ius acquisitum ouer heretickes , as her due subiects , though now gone out of her , and departed from her ; doth this answere beseeme a gent. that professeth learning , who well knoweth that wee will presently deny the popish to be the catholike church ? that we haue not departed from the church ? but from the abhominations of rome , that we be neither heretickes , not subiects to that antichristian supremacy , and that their ius acquisitum is not obtayned by any derivation or substitution from christ , but it is intruded and vsurped , and so rightly termed acquisitum , beeing neither datum nor legitimum , but gotten by fradulent contriuings , and strong illusions ; in which cases it is not vnlawfull to shake of the yoake of bondage , and tyranny , so vniustly brought vppon vs , so soone as any meanes and opportunity shall be offered . and the rather because we haue ( to front this ius acquisitum with ) an old and strong opposition in our law , that nullum tempus occurrit regi , whose royall pre-eminence and supreame power , god hath in due time redeemed , from that great captiuity of the romish babell ; and was it not high time , and most requisite that the dignity , and maiesty of this kingdome should be exempted from the seruitude of that ius acquisitum ? doe you not note that all such as be or haue beene brought vnder the same , are by this gent. called the subiects of the catholike church ? such is the haughtinesse of that high built tower of pride . the pope is here made a soveraigne , st. peters nets catcheth more kingdomes , then fortune cast into the nets of the athenian captaine . the monarchies of europe must be come the acquisites or perquisites of the court of rome . hath not then the pope some reason thus to contend for the retayning of his subiects in his obedience , by barring of them from swearing themselues subiects to his majestie , and by performing of the duties of allegiance requierable of subiects ? i shall be driven to avouch in earnest , that which cardinall bellarminegathereth against vs as a great absurditie , that is , that no man can professe vnfeinedly his civill obedience , and detest treason and conspiracy , but hee must bee forced also to renounce the primacy of the sea of rome . the headship of the supreame bishop which beareth away in his streame the service and devotion of so many reputed catholikes , is the headspring of treacherie and sedition , which by claiming amongst vs so many subiects , draweth from vs their affection and obedience . the distinction of spirituall subjection and civil obedience , is become idle and of no vse , because the pope doth not keepe his quarter , but will needs breake forth of the rayles and limits of that distinction , taking vpon him to be authorized also temporally , and that , for the suppression and subversion of the civill soveraignity , and so vpon that occasion ( hauing his sheepe as by his pastorall charge to attend his call and heare his voyce ) maketh at the lest a scruple , and distraction , if not a full declination in the wills and dutyes of the people of this kingdome , whence must necessarily arise either privie complottings , or open attempts , in favour of their opinions , and in furtherance of their defires , which how farre it will extend , and into how deepe degrees it vseth to grow , many sorowfull and fearefull examples hath in this realme demonstratively declared vnto vs , to every whereof papacy hath beene the stirrer and instigator . i scant dare to mention that late most memorable example ( beyond all examples ) of the powder-treason , this gentleman is so tender-eared , as that he cannot indure to heare of that , he findeth fault with the appolloger for the odeous and often repetition thereof . i cannot blame them if the repetition of that purpose bee thought odeous , which maketh them odeous to all true christian hearts , and putteth all the world at gaze , in admiring at a designe so diuellish and detestable . and because he asketh whether there be no end of reprobation , i will end with a wish , that there were in that hollow vault some shrill and screeching eccho , that might never cease , by continuall resounding out-cryes , to beate and fill the aire , with the memorie of that hellish enterprise , that a treason so extraordinarie , hatched vp with the heate of papacy , should even from forth of the stones themselves receave for ever in all succeeding ages , a most iust reproofe and exprobation . my position wherewith i will conclude is this , that albeit i doe not hold all popish opinions , or papists seduced with such errors , to be culpable of treason , knowing that many simple and vninstructed people , may in some perticulers be misled , and neverthelesse , remaine allowable subiects , and perhaps not forsaken christians : yet such and so many of them , as directly , and compleatly , maintaine papacy , that is , the supremacy of the popes power and authority in the sense , and to the purpose , as this gentleman and p. r. hath expressed and advanced the same , and in vpholding thereof , deny their faith , allegiance , assistance , subjection , and adherence vnto their soveraigne , doe carry treasonable hearts , and are thereby apted for the like actions , as opportunity shall allure or enable them thereunto . finis . notes, typically marginal, from the original text notes for div a -e inter 〈◊〉 fragmenta . suat . li. . c. . notes for div a -e cae. . par . cae. . par ● pet. ●● . pet. . a letter of a catholike gentleman touching the oath of allegiance , fol. . fol. ●● answere to sir edward cooke . obiections: answered by way of dialogue wherein is proved by the law of god: by the law of our land: and by his maties many testimonies that no man ought to be persecuted for his religion, so he testifie his allegeance by the oath, appointed by law. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) obiections: answered by way of dialogue wherein is proved by the law of god: by the law of our land: and by his maties many testimonies that no man ought to be persecuted for his religion, so he testifie his allegeance by the oath, appointed by law. helwys, thomas, ?- ?, attributed name. aut murton, john, attributed name. aut [ ], p. s.n.], [the netherlands? : printed . variously attributed to thomas helwys and to john murton. imprint suggested by stc. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oath of allegiance, -- early works to . freedom of religion -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion obiections : answered by way of dialogue , wherein is proved by the law of god : by the law of our land : and by his ma ties many testimonies that no man ought to be persecuted for his religion , so he testifie his allegeance by the oath , appointed by law. 〈◊〉 . . he shal judg amonge the nations , & re●uke many people : they shal breake their swords also into mattocks , & their speares into sithes , nation shall not lift vp a sword against nation , neither shall they learne to feight any more . 〈◊〉 . . then shall none hurt nor destroy in all my holy mountaine . ● cor. . . for the weapons of our warrfare , are not carnall , but mighty through god to cast downe holds . printed . to all that truely wish ierusalems prosperity , & babilons destruction , wisedome & vnderstanding be multiplied vpon you . in these days if ever , that is true which the wisemā said . eccl. . . there is none ēd in makeing many bookes , & much reading is a wearines to the flesh : yet considering how heynous it is in the sight of the lord to force mē ād wemē by cruell persecutiōs to bring their bodies to a worship , wherevnto they cannot bring their spirits : wee thought it our duety for gods glory & the reformation thereof in this our owne natiō to publish this litle writing following , wherein is manifestly proved by the law of god , the law of our lād , & his maties owne divers testimonies , that no mā ought to be persecuted for his religiō be it true or false , so they testifie their faithful allegiance to the king. what shal men do striveing about matters of religion til this be ended . for if this be truth that the kings of the earth have power frō god to cōpel by persecution all their subjects to beleeve as they beleeve then wicked is it to resist , ād the persecutiōs of such is iustly vpon thē , and the magistrats that execute the same are clere frō their blood , ād it is vpō their owne heads : but if the kings of the earth have not power from god to compel by persecution any of their subjects to beleeve as they beleeve ( seeing faith is the worke of god ) then no lesse wicked is it in the sight of god to disobey , and the persecutions of such are vpō the magistrats , & the blood of the persecuted crieth vnto the lord , and wil be required at the magistrats hands . wherefore in al humility , reverēce ād loyalty wee do humbly desire of our soveraign lord the k : ād al gods ministers vnder him , as iudges iustices of peace , etc. by whome this persecutiō is executed , thēselves to cōsider , not whether herein they please lord bbs : but whether they please the lord iesus christ , who after a little whyle shall judg all judges , according to their workes without respect of persons , ād therefore are comaunded to kisse the sonne least he be angrie & they p●rish in the way . psa . . our humble desire is , that they would consider what is testified in the scriptures : that , the kings of the earth shall give their power vnto the beast , til the words of god be fulfilled thē shal they take their power from hir . if it be granted ( as it is ) that the kings of this nation formerly have given their power vnto that romish beast , it shal evidently appeare , that our lord the king and al magistrats vnder him do give their power to the sāe beast though the beast be in another shape : for as that spiritual power or beast of rome sets vp a worship ( as they pretend ) for god , and force al therto by cruel persecutiōs , the kings of the earth giveing their power therevnto , so this spirituall power or beast of englād sets vp a worship ( as they pretend ) for god , and force al thereto by cruel persecutiōs , the kings ma tie giveing his power here vnto . oh that al that are in authority , would but cōsider by the word of god ( which shal judg them at the last day ) what they do , when they force men against their soules ād consciences to dissemble to beleeve as they beleeve , or as the k : and state beleeves , they would withdrawe their hands ād harts therefrom ād never do as they have done partely through inconsideration , and partely to please lord bbs : being in favour with the king. it cannot but with high thāk fulnes to god ād to the king be aknowledged of al that the kings ma tie is no blood thirsty man for if he were , bodily destruction should be the portion of al that feare god , and endeavor to walke in his waies as may be seene in the primitive time of this spirituall power or beast of england , after that king henry de . had cast of the romish beast , ād since , ( so far as leave hath bene graunted them ) by hanging , burning banishing , imprisoning , ād what not , as the particulars might bee named . yet our most humble desire of our lord the king is , that he would not give his power to force his faithful subjects , to dissemble to beleeve as he beleeves , in the least measure of persecution , though it is no smale persecution , to lye many yeares in filthy prisons , in hunger cold , jdlenes , devided from wife , family , calling , left in continual meseries ād tēptations , so as death would be to many lesse persecution , seeing his ma tie . confesseth that to change the mynd must bee the work of god. and of the lord bbs : wee desire , that they would a little leave of persecuringe those that cannot beleeve as they , til they have proved that god is welpleased therewith , and the soules of such as submit in safety from condēnation let them prove this , and wee protest we wil for ever submit vnto them , and so wil thousands : and therefore if there bee any sparke off grace in thē let thē set thēselves to give satisfaction either by word or writing or both . but if they wil not , but continue their cruel courses as they have done , let them yet remēber that they must come to judgment , and have their abhominations set in order before them , ād be torne in peeces when none shal deliver them . and whereas they have no other cullor of ground out of the scriptures , then that they have cano●●zed a law . viz : that whosoever shal affirme hat the k : ma : hath not the same power ove● the church that the godly kings of israel had vnder the law &c let him be excomunicate ipso facto . the vnsound 〈…〉 s of which ground is manifested in this dialogue followeing ▪ wherein is shewed their pal●able ignorance in that they knowe not the mi 〈…〉 iay of god , and therefore have they made this canon in flattery to the king onely to support their pride and cruelty : for if the kingdome or and of israell , or canaan now vnder the gospel be an earthly kingdome or land , or israel now a worldly or fleshly israell as both were vnder the law . then wee would confesse there should be an earthly king therof , but if the king some of israel now be not earthly but heavēly , ioh. . . and the isralites now not of this world . ioh. . . then the king thereof is not of this world , as they are not of this world . ioh . . ād if these spiritual lords cōfesse that chr : & king now of the sand ād people of israel , but yet he hath left our lord the king h●s deputy to make such lawes and lords over the church as pleaseth him : the word of the lord is against thē ●ere is but one ●ord . cor. . . & one law giver . iam. . . over his church . nay his ma : himself is against thē , who saith . there is no earthly monarch ever the church , whose word must be a law , & saith further . christ is his churches monarch , & the holy ghost his deputy alleging luk . . . the kings of the gentiles beare rule one over another . &c. but i shal not be so among you saying further . christ then he ascended , left not peter with them to direct thē in al truth , but promissed to send the holy ghost to them for that end . &c. if any wishe rebellions against the word of the lord herein , yet let them not be rebellious against the word of the king . oh that any thinge would prevail with thē to make them leave of , these cruel courses of persecuting poore soules that desire truely to feare god , and are most faithful subjects to the king and desire also the salvatiō of the soules of these their cruel persecutors , who do seeke their vtter vndoeing by al the forenamed persecutions , onely because they cannot of faith offer vp such worship to god as these spirituall lords comaund , and the rather let them leave of persecutinge , seeing the kings ma tie acknowledgeth . it is a sure rule in divinitie , that god loves not to plant his church by violēce & bloodshed . and if it be a law for al christiās , that in indifferent thinges one must not offēd another , but the stronge but forbeare , rather thē offēd his weake brother , other wyse he wounds the weake conscience & sinnes against christ . . cor . thē how much lesse hath any man power to be lord over the weake conscience , forceing it to practice that it hath not faith , in bringing it thereby vnto same , and vnto condemnation . rom. . wee do vnfainedly acknowledg the authority of earthly magistrats gods blessed ordinance , and that al earthly authority and comaund apperteynes vnto thē , let them comaund what they will , wee must obey either to do or suffer vpō paine of gods displeasure , besides their punishment . but al men must let god alone with his right which is to be lord and law-giver to the soule , ād not comaund obedience for god where he comaundeth none . and this is onely that which wee dare not but maintaine , vpō the peril of our soules , which is greater then bodily afflictiō and onely for the maintenance of christs right herein , do false prophets and deceivers ( who by that craft are clothed in fyne apparel , and faire deliciously every day ) labor to make vs odious ī the ears ād eyes of prince and people , knoweing wel that if they had not power by persecution to force mē to dissemble to beleeve as they , their kingdome and paine would soone come to nought , the wickednes of which course is discovered in this writinge followeing . for the manner , being dialogue-wise , wee thought it the fittest in two respects . first , for the vnderstanding of the simple , to whome especially gods misteries apperteyne , more then to the wise and prudent of the world . secondly , because al the objections that wee have met with , might be set downe , and the playnelyer answered . and because wee have faith and assurance that many wil see and acknowledg the vnlawfulnes of tyrānyzing over the consciēce , vn persecuting the bodies of such as cannot be subject , wee have also thought it meet to manifest the careful estate of such subjection , that they may deliver their soules , if they wil be saved : and also have set downe the beginning of that old and good way , that iohn baptist , christ iesus , ād his apostles have left , vnto al that wil be saved ●nto the end of the world . beseeching that almighty worker , that he would worke in the harts and consciences of men , that they may enquire for it , and that out of the scriptures , and walke therein , thē shal they find rest vnto their soules , although afflictions to their bodies . oh 〈…〉 is time for the lord to worke , for they have destroyed his law , and have set vp in many nations such worship for god as best pleaseth thē that are in authority , and have power to persecute the contrary mynded . let all gods people cry . how long lord ? when wilt thou come to destroy antychrists cruel kingdome , and establish christs meeke and peaceable kingdome , as thou haist begun , even come lord iesus by the spirit of thy moueth , and the brighnes of thy coming , even come quickely . amen . by christs vnworthy witnesses , his majesties faithful subjects . comonly , but most falsly called annabaptists . antichristian . vvhy come you not to church ? christian . what should i do there ? a. vvorship god. c. i must worship god as he requireth , ād not as any mortal man requireth . a. true , but the worship that wee require you to offer vp , is the vvorship , god requireth . c. if it be so , i wil withal willingnes assēt vnto it , but my conscience must be satisfied there of by the word of truth , that i may have faith in it , other wise it is my grevious sai . rom. . . for i may not beleeve it so to be because you affirme it . a. vvell you must go to church , othervvise you are disobedient to the law , & vvil fall vnder punishment . c. but still remember that you would have me worship god as you pretend , therefore let vs agree what worship god requireth : christ saith . ioh . . god is a spirit , & they that worship him , must worship him in spirit & truth . here wee see what worship god requireth , viz : that wee worship him with our soules and spirits , and also that we worship him according to the truth of his word : and therefore for your booke worship : if it were according to truth , ( from the which it is as far as light is from darknes ) yet if i cannot offer it vp with my spirit it is not acceptable to god , but most abhominable . a. well you must come to church c. i pray let aske you a question , do you seeke the glory of god , and the salvation of my soule herein , or your owne obedience ? a. i seeke the glory of god , and the salvation of your soule , & not my ovvne obedience . c. then manifest it , no by words onely , but by deeds and truth , which if you do , you will not threaten me punishmēt to cause me to come , but with meekenes and patience satisfye my conscience by the word of truth , ( for this is the duety of the minist . of christ . . tim. . . ) that i may come with a willing mynd , so shall i be accepted . . cor. . . psal . . . for if by threatning me punishment as imprisonment , banishment , or death , you cause me to bring my bodie , and not my spirit or soule , so shall i come neere to the lord with my lips , when my hart shall be far from him , which he accompteth vaine worship and hipocrisie . mat. . a. i perceive what you aime at , you would have none brought to church , but such as come willingly of themselves , so should every man worship god as himself pleaseth . c. your conclusion i aime not at , for i acknowledg that as there is but one god , so there is but one way of worshipping him , out of the which way , whosoever is ād repēteth not there of shal pay a deare price , and therefore it stādeth all men vpon not to please themselves in worshipping him . but you perceive aright that i aime at this , that none should bee compelled to worship god : but such as come willingly for i will ( by gods assistance ) prove most evidētly by the scriptures , that none ought nor can bee compelled to worship god to acceptance , by any worldly meanes whatsoever . a , prove that . c. wel i prove that i have affirmed , thus : first heb. . . without faith it is vnpossible to please god , and rom. . . whatsoever is not of faith is sin . these two scriptures prove most evidētly that whatsoever i have not faith in inworshiping god although it were vndoubtedly true , i may not offer it vp vnto god , for it is displeasing to him , and it is sin against him : as also it appeareth plainely by him , that came into the kings supper and wāted his wedding garment . mat. . a. it is the kings law that you must go to church , & therefore you must bee obedient . c. the intent of the kings law is not so , as appeareth both by the statute for the oath of allegiance , and also by his ma ties . owne words , manifested in his apologie for the oath of allegiance , as hereafter is more fullie declared . for if the intent of the law were to make me come to church to worship god , and not of faith , the intent of the law were to cōpell me to sin , which his ma tie . requireth not . antic . i deny not but whatsoever is not off faith is sinne , but vvee vvould have you come to church , to vvorship god of faith . c. it is not so , you regard not whether i have faith or no , for if you did , you would not vrge the kings law against me , which is but a carnal weapon , and cannot beger faith , ād there fore is no sure ground of faith . for in my obedience to god i must not presume above that that is written . . cor. . . for the vvord of god is the onely ground of faith rom. . . and therefore if you would have me come of faith , you would onely vrge the law of the king of kings against mee . a. hath not all the learned of the land considered of these things , & set thē dovvne , are such simple men as you likely to see more then all these ? c. i demaund of you whether they bee not all subject to err as all men are , and therefore i must try their spirits , whether they er or no. . joh . . . for i may not hold , either that they cannot err , or that if i find them to err i must obey them notwithstanding , do you not herein teach me that popish and accursed doctrine , that you invaigh so much against in the papists , that i must beleeve as the learned of the land beleeves . a. i do not hold that they cannot err c. yes you hold either that they cannot err , or if they do err , i must obey them , for if i do not obey them you threaten me punishment . a. nay , but i hold that they being learned do not err , & therefore you must obey them . c. then this is your argument : the learned do not err , and therefore must be obeyed . the bs : and the rest of that rāck are learned ād do not err , ād therefore they must be obeyed : another arg : as vaine as this may be collected from this ground . the learned do not err , and therefore must be obeyed . the pope and the rest of that rancke are learned , ( yea as learned as yours ) ād do not err , and therefore they must be obeyed . the one is as true as the other , but both abhominable . if you prove that they that want this learning , must not meddle with the waies of god , but as these learned men teach them , then indeed you said some thinge , but if you cannot , as most certen it is , you cannot . for the word of god is against you herein , then for shame to god and mē , leave of your cruell persecuting , for why do you persecute men that cannot of faith submit to your direction concerning the waies of god , vpon which consisteth their salvation if they walke in the true way of faith with love thereof , and their condemnation if they walke in by path . a. then i perceive if a mā can pleade that he hath not faith in any thing which the king commaunds he need not be obedient . c. would god all men could see your dealing herein , this is your vsuall course , whē your mouth is stopped by the power of gods word that you knowe not what to answere , then you runn to the kings comaund , and so make your matters good , like vnto your predecessors the wicked scribes and pharisies , who when our lord and maister had stopped their monethes that they had no word of answere , then they sought to make him a trespasser against cesar , but i have learned in some weake measure , that as there is a cesar vnto whome of conscience i must be obediēt , so there is another king , one iesus , that is king of kings , vnto whome if you will not be obedient in giveing vnto god that which is gods , he will te●r● you in peeces , when there shal bee none that can deliver you , & cast you into the lake that burneth with fire & brimstone for ever more , where th●re shal be no rest day nor night , and therefore agree with this your adversarie quickly , whilst you are in the vvay vvith him . the power ād authority of the king is earthly , and god hath comaunded me to submit to all ordinances off man. . pet. . . ● . and therefore i have faith to submit to what ordinance of man soever the king comaunds , if it bee an humane ordinance , and not against the manifest word of god , let him require what he will , i must of cōsciēce obey him , with my bodie goods and all that i have : but my soule wherewith i am to worship god , that belōgeth to another king , vvhose kingdome is not off this vvorld ioh . . vvhose people must come vvillingly . psal . . . vvhose vveapons are not carnall but spirituall . . cor. . . etc. ant. is this all the authority that you vvill give to the king ? c. what authoritie can any mortall man require more , then of bodie , goods , life , and all that apperteyneth to the outward man ? the hart god requireth . pro. . . he comaunded to give vnto cesar things that are cesars , & to himself the things that are his . lvk. . . now if al the outward man bee cesars , and the inward man too , so that he must be obeyed in his owne matters , and in gods matters also , then tell vs what shall be given to god ? if you or any mā will give him more power or authority then i give him , then you give him more then his ma tie . requireth , as shal bee shewed . a. wee do not say that the king can compell the soule , but onely the outward man. c. if he cannot compel my soule , he cannot compel me to worship god , for god cannot bee worshipped without the soule . ioh. . jf you say he may compel me to offer vp a worship onely with my bodie , ( for the spirit you confesse he cannot compell ) to whome is that worship ? not to god. then consider you who they worship that are thus compelled , ( say you by the king. ) let it well be here observed that you make the king a comaunder of such worship , as is not to god , contrary to his ma ties . owne mynd manifest in his writings . but this you do , not to advance gods glory nor the kings honor , but your owne cursed kingdome of darknes , which you hold by flattery ād falshood . for if this cōpelled worship ( which is not to god ) were takē away then your kingdome would fal to hel frō whēce it came , and therefore all men map here see it is supported onely by wickednes . a. i confesse the kings authority is earthly , but he is head over the church vnder christ . c. god forbid that any mortall man should so equallize himself with christ , who allone is head of his church , as the husband is of the vvife . ephe. . and hath left no o●e-gecent in that his office , for he is never absent frō his church . mat. . . and . . all that any mortal mā can be , is to be a subject of his kingdome , for their is but one lord. . cor. . . & one law-giver iam. . . and that this is so , his ma tie . confirmeth by his owne testimony , in his apologie for the oath of allegeance pag. . . but as i wel allowe of the hyrarchie of the church for distjuctiō of orders , ( for so i vnderstand it ) so i vtterly deny that there is any earthly monarch thereof , whose word must bee a law , and who cannot err in his sentence by an infallibility of spirit● : because earthly kingdomes must have earthly monarchs , it doth not followe that the church must have a visible monarch too : for the vvorld hath not one earthly temporall monarch , christ is his churches monarch , & the holy ghost his deputie . the kings of the gentiles reigne over them , but ye shall not be so . luk. . . christ did not promisse before his assention to leave peter with them to direct & instruct them in all thinges , but he promissed to send the holy ghost vnto them for that end . these are his highnes owne words , whereby it evidently appeareth his ma tie challengeth no supremacie over the church , but laboreth to overthrowe that abhominable exaltacion of that man of sin , in the romish professiō , for christ hath given no supremacie in or over his church , to any mortall man , but expresly commaunded the contrary as the place of luk mencioned by his ma tie . plainely declareth . his highnes is supreame head and gouvernor over all his subjects bodies and goods , within his dominions , and therein i detest and abhorr all forraigne powers whatsoever . but now for the thinge in controversie betwixt you and me , of compelling men by persecutions to do service to god ( as is pretended ) wherein they have not faith , it shal be manifest not to be of god , in that christ iesus himself , the onely lord and law-giver to the soule , neither had any such power and authority , neither taught any such thinge to his disciples , but the contrary . first mat. . . . all power is given me in heaven & in earth . go therefore & teach all nations and . cor. . . the vveapons of our war fare are not carnall , but mighty through god to cast downe holds . &c. here wee see christ hath no worldly power , nor worldly weapons . ly . he practised and taught the contrary . vvhen the samaritanes would not receive him goeing to ierusalem . luk. . his disciples would have had fire come downe from heaven & devoured them , christ rebuked them & said , ye knowe not of what spirit ye are , the son off man is not come to destroy mens lives , but to save them . and the appostle by the spirit of christ : . tim. . . comaundeth the servants off the lord not to strive , but to bee gentle towards all men apt to teach , suffering the evil men patiently , instructing them vvith meeknes that are contrary mynded , proveing if god at any time vvil give them repentance that they may knowe the truth , & come to amendment out of the devils snare . &c. these scriptures need no explanation for this most evident truth . a. vvell yet notvvithstanding all this it is manifest in the scriptures by the example of thappostle peter smiting ananias and saphira to death . act. . & of th-appostle paul striking flymas the socerer blind . act. . and also by delivering hemineus & alexander vnto sathan for the destruction of the flesh : that punishment vpon the body may bee vsed , & the flesh destroyed : for if it were lawful for them to smite to death , & the like , though by extraordinary meanes , then it must be lawful for vs by ordinary meanes , since extraordinary meanes now failed , if you say it be not lawfull for vs , then you must say it was not lawfull for them , & that vvere to accuse them of laying a false foundation , vvhich none fearing god wil affirme . c. i dare not once admit of such a thought as to disallowe the truth off that foundation which th-●oposties as skilfull maister builders have said : but for your argument of peters extraordinary smiting of ananias and saphira , he neither laid hand vpon them nor threatned them by word , onely declared what should be san them from god , and therefore serveth no thing to your purpose , also that of paul to elimas , he laid no hands vpon him , but onely declared the lords hand vpon him , and the judgment that should followe . if you can so pronounce , and it so come to passe vpon any , do it , and then it may bee you may bee accounted maister builders , and layers of a new foundation or another gospell . and for th-appostle paul his delivering hymeneus and alexander vnto sathan . . tim. . . it was not by any temporall sword or power , but even by the power of our lord iesus christ , in his name , by the sword of the spirit . . cor. . . and this was not extraordinary , but ordinarye to continue in all churches to the end , and not to destroy the outward man , as you teach and practice , but to destroy those iustfull affections , which dwell in the flesh , that so the flesh being mortified , the spirit may bee quickned and the soule saved in the day of the lord iesus . and whereas you say that as they did it by extra-ordinary meanes so you may do it by ordinary meanes , if you would vse onely those weapons which christ commaunded his disciples to vse in this busines , which are not carnall , wee would agree with you herein . but if your ordinary meanes bee such as christ never had nor any of his disciples , then it is a meanes of your owne devisinge , for christ hath al meanes whatsoever for bringing men to the obedience of the truth . a. doth not christ in the parrable teach that he compelled all to come in ? c. i demaund of you wherewith doth he compel them ? he hath no carnall weapons , doth he not compel them by his word , vvhich is his tvvo edged svvord . heb. . revel . . . doth he smite the earth vvith any other vveapons then by the breath off his lips . esa . . . a. vvell then you see compulsion may bee vsed . c. yes , i confesse to you such compulsion as much as you will , if whē you have done you wil walke in his steps , who when the gaderens praied him to departe he left them , and taught his disciples : where they should preach the word of god , iff they would not receive them , that they should shake off the dust of their feet for a witnes against them . mat. . . which accordingly they practized act. . . and . etc. he never taught them to pull the contrary mynded out of their houses ād put them in prisons , to the vndoeing of them , their wives and children : this was sauls course when he was a blasphemer and persecutor . etc. act. . . etc. christ taught his disciples to wait iff at any time god would give the contrary mynded repentance , and not to prevent their repentance by seeking their blood . indifferent man. i have heard you all this while , and by that i have heard , i see evidētly that none ought to be compelled by any worldly meanes to worship god , neither can any bee accepted in such worship , in that it is spirituall worship that he accepteth . c. blessed be the lord , that you see it , i would not you onely , but all men did see that the sword of the magistrate and al afflictions proceeding there from are onely vpon the outward man and cannot convert a soule from goeing astray , nor begett faith it comes by hearing the word of god rom. . . and therefore is no instrument in this worke . al that the magistrate can do , is to compell me to bring my bodie for except their be a willing mynd which no mā can see , their is no acceptance with god , and therefore it is not gods glory , nor my acceptāce with him they seeke by forceing me , but meerly their owne obedience to gods great dishonor ; and the distruction of my soule , if i should so do . but iff it would suffice them to bring my bodie , to that they call their church , and require of me no worship : i will go when they will , onely not when their false worship is performed . for i adhor the accursed doctrine off the familists herein . i. it is a lamentable thinge to consider how many thousands in this nation there be , that for feare of trouble submit to thinges in religion which they diseprove off . c. oh , whose eies doth not gush out with teares , in the consideration thereoff seeing in all that , god is highly displeased , ād al those vnder the judgments of god everlasting iff they repēt not . a. if it were as you would have it , that all religions should be suffered , how dāgerous vvould it bee to the kings person & state , what trecheries & treasons would bee plotted ? i. indead that is a thing greatly to be suspected : but if permission of all religions should be clered of that there is no questiō , but it might prevaile with the king and state. c. if it be not cleared of that then let al mē abhor it . first : it is the comaundement of him , who is the god not of confusion but off peace & order , and therefore to be obeyed . mat. ● . . let the good & bad grovv together vnto the end off the vvorld . suffering the contrary minded patiently proveing iff god at any time vvill give them repentance that they may acknovvledg the truth . &c. . tim. . . secondly : if the just lawes in that behalf made be but duely executed , which is , that all his subjects should protest their faithful alligeance to his ma ties . person . crowne and dignity , all that will not be obedient , let them be disposed of at his ma ties . pleasure , and you shall see no such trecheries and treasons practiced as hath bene . first for all those that seeke and practice in themselves reformation in religion , sathan himself cannot tar them with the least jott of trecherie : and for the papists may it not justly be suspected that one cheife cause of al their treasons hath bene because of al the compulsions that hath bene vsed against their consciences in compelling them to the worship practiced in publique according to the law of this land : which being taken away , there is no doubt but they would be much more peaceable , as wee see it verified in divers other nations , where no such cōpulsiō is vsed , for if they might have freedome in their religion , vnto their faith full alligeāce to the king , the feare of the kings lawes , and their owne prosperity and peace , would make thē live more inoffencively in that respect . i. onely the papists are dangerous in that some of them hold , that kings ād princes that hee excomunicated by the pope , may be deposed & murthered , by their subjects or any other . c. for that damnable and accursed doctrine as wee abhor it with our soules , so wee desire al other may . and therefore all the lawes that can be made for the prevention of such exceecrable practizes are most necessarie . but now i disire all men to see , that the bishops and wee , justly cry out against this accursed doctrine and practice in the pope and his associates : that princes should bee murthered by their subjects for contrary myndednes in religion , yet they teach the king to murther his subjects for the selfe same thinge , viz : for being cōtrary mynded to them in their religion . so likewise , as that accursed doctrine , is to bee abhorred in the papists , who teach , subjects not to bee obedient to their princes that are excomunicate by the pope : even so is that accursed doctrine of the bbs. to bee abhorred , who teach , princes not to protect their subjects that are excomunicate by them , in not affoarding thē either lawe or justice nor to beare testimony in any court. do not the bbs : herein justifie this accursed doctrine and practice in the papists ? . a. there is great difference in the persons , for th one are princes , thother subjects , & subjects must be obedient . c. most true it is , but is it not also true that princes must afforde all their subjects justice ād equitie , although they be as heathens and publicans ? for iff princes be freed from doeing right and justice and protectinge their subjects , that be excomunicate , why are not subjects also freed from subjection and allegeance to their princes being excomunicate , if , excomunication be christs lawe to all alike that wil be saved , without respect off persons . and also , is not that lawe off christ herein to be observed . that whatsoever ye would men should do to you , even so do you to them . mat. . . and therefore as princes would that all their subjects should bee faithfull and obedient vnto thē : so ought princes to be just and equall to all their subjects , in mainteyning them in every just and equall cause betwene man and man : for , for his cause ( not for religion ) saith thappostle , the saints at rome paied their tribute to cesar their heathē prince , who was against them in religion . shall they not escape damnatiō for this accursed doctrine and practice , ād thinke you you shall ? thou that judgest another , judgest them not thy self ? by this it may appeare as also by exceeding many other doctrines ād practices how neere you are to that bloody spirituall power , what pretences to the contrary soever you make . a. it vvere a lamentable thinge if that bloodie religion should bee practiced againe in this nation . c. i acknowledg it a bloodie religion , but god hath cast down the power thereof in this kingdome , blessed be his name but i would you could see your owne cruell bloodie religion , but that god of his mercy hath restrained it by the kings ma tie . who thirsteth not after blood . how many , onely for seeking reformation in religion , hath bene put to death by your power in the daies of q. eliz : ād how many , both then ād since , have bene cōsumed to death in prisons ? y●a since that cruel spiritual power hath bene ser ●p that not hanging , burning , exile , imprisonments and al manner of contempt bene vsed and al for religion , although some for grevious errors , ād yet you see not this to be a bloodie religion : further you cry out of their bloodie cruelty , the reason is because you wil not bee of their religion , and when you have done , are most blodie cruell ( so far as is in your power ) because wee and al men will not bee of your religion . a. if men hold errors & vvill not obey the truth , do they not sin against god , & deserve punishment ? c. yes , such deserve punishment , but god hath apointed their punishment , and the time thereof . their punishment rom. . . . to them that are contentious & disobey the truth , & obey vnrighteousnes shal be indignation & wrath , tribulatiō & anguish shal be vpon the soule of every one that doth evil . mark. . . he that will not beleeve shal be damned . . thes . . . in flaming fire rendring vēgeance vnto them that knowe no god , & obey not the gospell of our lord iesus christ , which shall bee punished with everlasting perdition from the presence of the lord , & the glorie of his power . the time thereof , the last place recited . vers . . when the lord iesus shal shewe himself from heaven with his mightie angels : and rom. . . the day of wrath . and vers . , at that day when god shall judg the secrets of men by iesus christ ▪ and mat. ● . , at the end of this vvorld the sonne of man shall send furth his angels & they shall gather out of his kingdome al thinges that offend , & them that doe iniquitie , & shall cast them into a furnace of fire . &c. here is shewed the punisher the punishment , and the time thereoff . this punisher hath comaunded you to wait for their repentance ( by his owne example ) which is in his hands to give them , and not to cut them of and send them to hell , as you teach and practice , which is contrary to god , who is patient towards mockers which walke after ther lusts . . pet. . because he would have no mā to perish , but would that all men whatsoever should come to repentance . but you ( contrary to him ) vse all the meanes you can to cut men of , that they might perish , in that you seke to destroy their bodies whilst they remaine in their errors . a. i confesse that god commaundeth mat. that the good & bad must grovv together vnto the end of the vvorld , but that is in the church . c. wel : if that be the true exposition , i pray you why do you then excomunicate any out off your churche , contrary to your owne acknowledg . and here let all men take notice that by this exposition you overthrowe your owne excomunication quite , and accuse christ for giveing a rule . mat. . and th-appostle paul , and the church of corinth for practizing that rule . ● . cor . in cas●ing out of the church . for you say all must growe together to the end in the church . but the exposition of the law-giver himselff is against you , that the ●eild is the world . vers . . yet in that you confesse that the wicked ād the godly must be l●t alone in the church vnto the end much more in the world vnto the end : for if the wicked pollute not the church , sure it is they pollute not the world . this then you are comaunded vnto vers . . . nay , gather them not let them growe together vnto the end of the world . a. let them come to church , & they shall grovve together vnto the end . c. indeed i thinke so , hereby you manifest you regard not how wicked and vngodlie men be , so they come to your church , you wil not destroy thē , though they remaine in their abhominable lusts : but if they will not come to your chur : let thē be wheate or tares , you wil gather thē , and ( as much as in you is ) send them to bur●●n● . herein al mē may see , as i said before , that you seeke your owne glorie and obedience , & not gods , ād so exalt your selves above god. . thes . i. wel , i blesse god , i see this as clearly as the sunne shyning in his brightnes , that it is to feight against god to compel any contrarie to their consciences to performe any service vnto him , in that there are so many places of scripture comaunding the contrary . c : the whole new testament throughout in all the doctrines and practices of christ ād his disciples teach no such thinge as cōpelling men by persecutions ād afflictions to obey the go : pel but the direct cōtrary : viz : to suffer at the hāds of the wicked , whē they were persecuted for righteousnes sake to suffer it , when the vnbeleevers ād wicked curse them to blesse & pray for their repentance , & that god would forgive them , & never lay these sinnes to their charge , as our saviour luk. . stephen act. . . and the rest did . and for a conclusiō of this point , that your faith may bee full herein , consider that wee are to wait for the iewes conversion , and not to destroy thē . i. it is true , that might give all men satisfaction in these thinges . c. oh yes , if men had any regard of god or his word , they would never deale more in this thinge : the lord ( wee see ) rō . . hath promised , that whē the fulnes of the gentiles is come in , the jewes shal be cōverted : now if the jewes who are such fearefull blasphemers of christ ād his gospel , that contemne him and his testamēt with al dispyte , if their conversion must be waited for , ād that they may not be destroyed from the face of the earth , then who may not see ( iff they shut not their eies ) that the conversion off all is to bee waited for : and that no man for blaspheming christ ād his gospel map be destroyed or afflicted by imprisonments , death , or any calamitie whatsoever . i. it is not to be gain-saied with any shewe of truth . i would god the kings ma tie would consider of this point , seeing that the cruel bbs by vseing his power , commit such sin against god in this thinge both in persecuting thē that cannot of faith yeild , and also in foreeing them that do yeild contrary to their consciences , to sin against god , and to perish , if they repēt not . c. i am perswaded , that if his highnes did but once wel wey ād consider it he would never suffer such high iniquitie to be co●●i●ted against god contrary to his expresse comaundement , ād all to bee done by ●he kings power , for nothing have they els to beare them out . the lord perswade the harts of his ma tie and his posterity vnto it , seeing his throne is established by him , that he and his posterity may sit & raigne over these nations and kingdoms , till iesus christ the comaunder of these thinges come in his glorie to recompence every man according to his workes , without respect of persons . a. if vvicked malefactors should bee let allone to the end of the vvorld , then vvhere is the magistrats svvorde ? it is of no force if evil men may not be cut of . c. i acknowledg vnfainedly that god hath given to magistrats a sword to cut of wicked mē , and to reward the weldoers . rom. chap. but this ministery is a worldly ministery , their sword is a worldly sword , their punishments can extend no further then the outward man , they can but kil the bodie luk. . . and therefore this ministery and sword is apointed onely to punish the breach of worldly ordināces which is al that god hath given to any mortal man to punish . the king may make lawes for the safetie ād good of his person , state and subjects , against the which whosoever is disloyall or disobedient he may dispose , of at his pleasure , the lord hath given him this sword and authoritie , forseeing in his eternal wisedome , that if this his ordinance of magistracie were nor , there would be no liveing for men in the world , and especially for the godly , ād therefore the godly have particular cause to glorifie god for this his blessed ordinance of magistracie , and to regard it with all reverence . but now the breach of christs lawes , of the which wee all this while speake , which is the thinge onely i stand vpon , his kingdome is spirituall , his lawes spirituall , the transgressions spirituall , the punishment spirituall , everlasting death of soule , his sword spirituall , no carnall or worldly weapon is given to the supportation of his kingdome , nor to punish the transgressors of the lawes of this kingdome : the law-giver himself hath comaunded that the transgressors of these lawes should be set alone vntil the harvest because he knowes , they that are now tares , may hereafter come to repētance , and b●come wheat : they that are now blasphemers , persecutors , & oppressors as paul was , may , by the power of gods word become faithfull and a faithful witnes as he was : they that are now fornicators etc. as some of the corin : once were cor. . . may here after become washed clensed & sanctified as they were : they that are now to people nor vnder mercie as the saints sometimes were . . pet. . . may hereafter become the people of god & obtaine mercie as they did : all come not at the first houre , some come not till the eleaventh houre , if those that come not till the last houre should be destroyed : because they come not at the first houre , then should they never come but be prevented . a. were not blasphemers put to death in time of he lavv ? evit . . &c. c. yes , an isralite blasphemmy the lord , or doeing any thinge presumptiously , which was blasphemy . num. . . no sacrifice to bee offered for him : but would you from hence have the kings ma tie to put al his subjects to death that conteinne the truth of christ ? if yea , see what will followe . all papists ought to be put to death , who are direct blasphemers . revel . . vvhen the viall of gods wrath was powred vpon the throne of the beast : ( which all england confesse is ment the popish power ) they blasphemed the god of heaven . &c. all the iewes that speake many thinges blasphemously against christ , ought to be put to death : yea of what profession soever he bee doeing any thinge presumpteously against christ , ought to bee put to death by your affirmation , no sacrifice to bee offered , no repentance to be admitted , dye he must vnder two or three witnesses , but that this is most false , christ and his appostles in his testamēt doth manifestli declare as is before shewed : was no paul a blasphemer , yet received to mercie ? but this the holie ghost teacheth from blasphemy vnder the law . heb. . he that dispyseth moses lawe , dieth without mercie vnder two or three witnesses , of how much sorer punishment suppose ye shall he bee worthy that treadeth vnder foote the sonne of god , & counteth the blood off the testament as an vnholy thinge wherewith he was sanctified , & doth dispite the spirit of grace . speaking of such as had received & acknowledged the truth . vers . . this is now the due proportion , an israelite according to the flesh in the time of the law presumpteously sinninge against gods comaundemēt , by his comaund must dye , by the worldly sworde , no sacrifice to be offered for him : so in the new testament or time of the gospel a spiritual isralite according to the faith contempteously or dispitefully sinning against christs commaund he hath former acknowledged dispi●eing and contemning them , by his comaund must dye by the spirituall sword , no repentance to be admitted , seeing he crucifyeth againe to himself the sonne of god , & makes a mock of him . heb. . . david and peter came not within this compasse , though they sinned off knowledg , yet they did it not comtemteously or dispitefully , but through frailtie . if an isralite vnder the law did ought through ignorance as num. . or through frailtie as levit. . there was sacrifice for him : so vnder the gospel an isralit doeing ought through ignorāce or through frailtie as peter and barnabas with the rest of the iewes mencioned gal. . or the me●steous person . . cor. . there is repentance for him . this is it that cōfounds al true religiō . that be cause it was so in the time of the law , therefore it may be so in the time of the gospell , by which reason , men might set vp as truely the whole law as some parte , and vtterly abolish christ . i pray you seriously consider what is here said . a. hath not the king the same ●ovver that the kings of israel had who cōpelled mē to the observation of the lavv of god ? c. first i answere you : that the kings off israel had never power from god to set vp any thinge in or for the service of god , bur that onely which was comaunded by god dewt. . . no not so much as the manner of any law . num. . and . . and therefore this will not serve your purpose , that kings may set vp within their dominions such spirituall lords and lawes for the serveing of god , no nor the manner there of as may best please thēselves vnder what pretence soever , thereby makeing god for his worship subject to their pleasures . and his ma tie . acknowledgeth that christs church after the establishing of it by miracles in the primitive time , was ever after to be governed within the limits of his revealed will. speach at parl anno secondly the kings of israell might compell men to the sacrifices and ordinances of the old testament , all which were carnall and purged not the conscience heb. . . . as circumcision the passover etc : but no mortall man whatsoever he be , can compel any mā to offer the sacrifices of the new testament , which are spiritual , and purge the conscience except he can beget faith in him , and convert his soule . the ordinances of the old testament were to be performed by the posteritie of abra. according to the flesh that thereby they might be taught christ : but the ordināces of he new testamēt are to be performed , onely by the posterity of abrahā according to the faith , that have learned christ , and have put on christ , and so haveing him , all thinges els apperteyneth to them . but one thinge i demaunde of you , who now is king of israel ? a. i confesse christ is king of israel . c. yes , christ alone is king of israell , that sits vpō davids throne , and therefore mark the true proportion . in the time of the old testamēt the kings of israell had power from god to compel all to the ordinances of god , or to cut them of by their sword from the earthly land of canaan , and the promisses thereof : so in the new testament the king of israel christ iesus hath power from the father to compell all , to the ordinances of god , or to cut them of by his sword , from the heavenly land of canaan and the promisses thereof : the kings of israel onely had this power vnder the law , and the king of israell onely hath this power vnder the gospell : and therefore whosoever will challenge this power vnder the gospel , he must be the king of israel in the time of the gospell , which is particulier onely to iesus christ , vnto whome all power in heaven and in earth is given . and let it be here well observed , that by this opinion of yours you make the kingdome and ordinances of israel vnder the law , and the kingdome and ordinances of israell vnder the gospell allone , directly contrary to the whole scripture , for the kingdome and ordinances of israell vnder the lawe were of this world , but the kingdome and ordinances of israell vnder the gospell are not of this world , as christ the king thereof himself testifieth iohn . . and therefore you setting vp a worldly king over this heavenly kingdome and ordinances , you and all of your profession declare your selves to be of that worldly kingdome , and so to looke for that heavenly and spirituall king yet to come in the flesh , being of the number of those that deny him to be come in the flesh , anb so are deceivers and antichrists , whatsoever you say to the contrarie . a. well , yet i cannot see , but that as the kings of israel hath power from god to compell all their subjects , to the vvorship then appointed , so the king being a a christiā king , hath povver to compel his subjects , to the vvorship novv appointed . c. you may see , if you shur not your eies , that what power the kings of israel had vnder the law in matters of religion , christ iesus the king of israell hath vnder the gospell : but i pray you let me aske you this question . you say the kings ma tie hath this power as he is a christian king : my question is , whether it apperteyne vnto him , as he is a king , or as he is a christian ? a. neither simple as he is a kinge , nor as he is a christian , but jointly as he is compleate in them both : for i grant that no heathen kinge hath power to compell in matters of religion , but a christian king hath . c. then you confesse that of a christiā king may be deprived of his christianitie , ( for of his kingdome or kingly power , or any part thereof i affirme he may not be deprived ) he hath lost this power you plead for , in compelling men in matters of religion : what say you to this ? a. i confesse if he may be deprived of his christianitie , he hath not this povver i pleade for . c. then , i demaund this question , whether every christiā without respect of persons ought not to bee subject to christs lawes for his salvation ? a. yes , it cannot be denyed . c. christ hath given his censure excomunication , for the salvation of every christian , that he that will not heare the church , is to bee as a heathen and a publicane , that is , hath lost all right and title in christ , and in his church , till he repent , now i knowe it cāno . be denyed , but every christian whatsoever , is subject to sin , and so to excomunication to be as a heathen : etc : if you say , that kings either are not subject to sin , and to impenitency therein , and so to this cēsure of christ , of excomunication , for their impenitent sin , then consider what you make them , and god you make a lyer . if you graut ( as you cannot deny ) that kings aswell as others , are subject to impenitent sin , and so to excomunication for the same , then they being deprived of their christianity , by your owne confession , they are deprived of power to compel in matters of religion , the which if it were any part of their kingly power , they might be deprived of a part of their kingly power , by being excomunicate , consider what a wicked doctrine you teach herein . a. doth not the prophet say : that kings shal be nursing fathers & queenes nursing mothers to the church ? and also it is said that kings shal hate the vvhore , make her desolate , eate hir flesh , & burne hir vvith fire . vvhere vvee see , that kings that have power & authoritie , shal destroy antichrists kingdome , & nurrish & cherish christs kingdome . c. most true it is , the lord hath spoken it , and therefore it ought to be great comfort to gods people but what is this to the purpose in hand , namely that kings may persecute the contrary mynded , the words of the prophet esa . proves that kings ād queenes that have formerly persecuted ād destroyed the church , their harts shal be turned by the power of gods word , to be lovers and preservers of the church : ād the other place revel . . . proves that kings shal make that whore desolate , etc. not by their tēporal authority or sword ( as some say that make more shewe of religiō then you do , although thēselves be now persecuted , yet if kings were of their mynds , would be as cruell as you , for they maintaine the same thinge ) but by the spirit of the lords moueth , & the brightnes of his cominge . . thes . . . for this kingdome of antichrist shal be destroyed without hand . dan. . . onely by the everlasting gospell , the true armor indeed wherewith the witnesses feight against the antichrist . as the kings ma tie . acknowledgeth . apol. pag. . a. you are so stiffe against vseing off outvvard weapons in church matters , did not our saviour christ make a vvhipp of smale cords , & vvhipp the byers & sellers out of the temple ? and vvhy may not wee followe his example ? c. in this and many other actions of christ our saviour , wee are to consider him as the fulfiller and ender of the law , as in the actiō of the passover , & sending him that was clensed of his leprosie to offer to the preist , the gift that moses comaunded , in which thinges wee are not to ymitate him , for by him the ceremonies are fulfilled and abolished , and the everlasting gospel established , in the which wee are to walke : and it were more then foolish to reason thus . christ whipped wicked men out of gods temple made with hands , with whips made of cord , therefore wee may whipe wicked men , out of gods temple made without hands , with whips made of cord . there is a whole some doctrine to bee collected from the tipe to the truth as thus . christ drive out wicked men out of the temple made with hands , by a carnall or worldly whipp , so christ ( by his people ) must drive wicked men out of the temple made without hands , by a spirituall whipp . evē his word , which is called a whip or rode . revel . . . and psal . . . so is excomunication . . cor. . . an. iff fredome off religion should bee granted , there vvould bee such devisions as vvould bread sedition , & inovatiō in the state. c. thus when your shewes out of the scriptures are answered , then you runne to conceits and ymaginations , of sedition , innovation and the like , thinkeing thereby to diswade princes , and ali t● , at are in authority there from , knoweing els your kingdome of iniquity would fal but that it may appeare to all that you deale deceitfully herein , let vs consider first the scriptures , secondly behold the successe , of suffering of of religion free in other counries . and first . christ our saviour , ( who is that prince of peace . esa . . . not of sedition ) hath taught . mat. . and luk. . that he came not to send peace on the earth , but debate , to devide fyve in one house , two against three , & three against two , the father against the sonne , &c. and a mans enimies shall bee they of his owne housholde . and his desire is , that the fire of such sedition , should bee kindled , where wee see , this prince of peace putteth difference in religion , by preaching his gospell , which some receive , as the savour of life vnto them : others refuse it , and so become enemies vnto the truth and witnesses thereoff , as they did to christ iesus himselfe , and his disciples , and as you do to me and others . secondly behold the nations where freedome off religion is permitted , and you may see there are not more florishinge and prosperous nations vnder the heavens then they are . i. the convocation of bishops and the rest have made a canō , that whosoever shal affirme that the kings ma tie hath not the same power in causes eccleciasticall , vnder the gospell , that the godly kings of israell had vnder the law , let him be excomunicate , ipso facto . c. yes they have so . in the beginning off his ma ties raigne when they had got him sure vnto them , of the which they so much doubted , as with my owne eares i heard some of their cheife followers say , whē his highnes was comming into england . now must steples downe , & wee shall have no more high commission . ( with lamentation they spake it ) then they made this canon , because their consciences are convinced , that they stand onely by his power , and if his hand bee turned , their spirituall power of darknes falleth to the pit of darknes , from whence it came , and whether it must go , there being never so much meanes vsed for the supporting off it , for the stronge lord hath spoken it . revel . . as for their sending men to hell ( as they suppose ) with their ipso facto excomunications , iff they had no stronger weapon for the supporting of their kingdome , it would stand but a short space . if israell now were of this world , as it was vnder the lawe , then they said somethinge : but iff it bee not of this world , as it is not . ioh. . . then the king is not off this world , for when this king came the worldly israell knewe him not . i. i see evidently , that al are but cavels , and that no mortall man can make any man offer sacrifices vnder the new testament , vntill he bee a beleever , and converted , for he must bee in christ , before he may offer sacrifices , for in chri : onely the father accepteth vs : but what say you , have they not power to compell men to come to the place where the word is publiquely taught that they may be converted ? c. wel : then you see that the example of the kings of israel ( who had power to compel thē to sacrifice , or to cut them of ) applyed to earthly princes , is gone as a meere doctrine of man , ād not of god. and for compelling mē to heare that they be converted , wee can learne of no better then of him , who if wee heare not wee shal have a dreadful recompence . he had al power in heaven and in earth for converting soules givē vn-him , and sent his disciples , as his father sent him . ioh. . . charging thē that whē they should come into a city . etc. if they would not receive them nor their word , to shake of the dust of their feet for a witnes against them , saying it should bee easier for sodom & gomorah in the day of judgmēt then for that citie or house : and so th-apostles went from city to city accordingly . here was no temples made , nor worldly power to compel al to come vnto them to heare the word off the lord , but they comaunded to goe from city to city and from house to house . i in those daies the magistrats were vnbeleevers but the question is where magistrats be beleevers . c. christ had al power needful for that worke if magistracie were a power needfull for that worke ▪ thē christ had not al power , magistracy is gods blessed ordinance in it right place , but let not vs be wiser thē god to device him a meanes for the publishinge of his gospell , which he that had all power had not , nor hath comaunded . magistracie is a power of this world : the kingdome , power , subjects , and meanes of publishing the gospell , are not of this world . a. a goodly thinge indeed that men must go about the countrie to preach . c. in your estimation it is base and contemptible , your pompe and pride will not beare this , it is more ease for you to hunt after promotion , till you come to the highest in getting to be cheife bishop of bishops within these dominions , and then cometh your fall , full lowe , iff you repent not , but the wisedome of god hath appointed the cheifest officers of christs kingdome , even the appostles , thus basely to go vp and downe , to and fro to preach his gospel , yea that worthy apostle paul preached this gospel night & day with many teares openly & throughout every house . act. . i. but if this bee thus / as for my owne parte i am fullie perswaded it is / then i see the high commission cannot stand for as i take it / it is onely for causes ecclesiasticall . c. so far as it is over church matters , it is most vnlawfull , for the comission for judging and punishing of the transgressors of the lawes of christs church is given to christ the monarch thereof , a parte whereof he hath left to his disciples , which is no worldly comission or power , but onely the power of the lord iesus , the vttermost of which comission is excomunication . . cor. . a. the high commission is from the king , & dare you once call it into question . c. if i do take any authority from the kings ma tie , let me be judged worthy my desert , but if i defend the authoritie of christ iesus , over mens soules , which apperteyneth to no mortall man whatsoever , then knowe you , that whosoever would rob him of that honor , which is not of this world , he wil tread thē vnder foote : earthly authoritie belongeth to earthly kings but spirituall authoritie belongeth to that one spirituall king who is king of kings . a. well all your pleading vvill not serve your turne , either you must come to church , or els go to prison . c. i have shewed you by the law of christ that your course is most wicked , to compell any by persecution to performe any service to god , ( as you pretend . ) now i desire also to shewe you , that the statute law of the land requireth onely civill obedience , and his ma ties writings mainteyning the oath of alligience testifieth the same . the law of the lād requireth that whosoever cometh not to church or receiveth not the sacraments , the oath of allegeance is to bee tendered to them , which that it may be manifest to 〈…〉 that not onely i , but al that professe the faith with me are most willing to subscribe vnto it in faithfulnes and truth , i have thought good to ●presse it . the words of the oath . anno . iacobi regis . i. a. b. do truely & sincerely acknowledg , professe & testifie , & declare in my conscience before god & the world , that our soveraigne lord king iames is lawful king off this realme , & of al other his ma : dominions , & countries : and that the pope neither of himselfe nor by any other authoritie of the chu : or sea off rome , or by any other meanes with any other hath any power or authoritie to depose the king , or to dispose any off his majest : kingdomes of dominions , or to authorize any forraigne prince to invade or annoy him , or his countries , or to discharge any off his subjects off their allegiance , & obedience to his majest : or to give licence or leave to any off thē to beare armes , raise tumults , or to offer any violence or hurt to this ma : royal person , state or goverment , or to any off his ma : subjects within his ma : dominions . also i do sweare from my hart , that notwithstanding any declaration or sentence off excommunication , or depravation made or granted , or to bee made or granted by the pope or his successors , or by any authority derived , or pretended to bee derived frō him or his sea , against the said king , his heires or successors , or any absolution off the said subjects from their obedience . i wil beare faith and true allegiance to his majesty , his heires and successors , and him and them wil defend to the vttermost off my power , against all conspiraces and attempts whatsoever which shal bee made against his or their persons , their crowne and dignity , by reason or cullor off any such sentence or declaration or otherwise , and will do my best endeavour to disclose and make knowne vnto his majesty , his heires and successors , all treasons and traiterous conspiraces , which i shal knowe or heare of , to be against him , or any of them . and i do further sweare , that i do from my hart abhor , detest , and abivre , as impious and hereticall , this damnable doctrine and position , that princes which be excommunicated or deprived by the pope , may be deposed , or murthered by their subjects , or any other whatsoever . and i do beleeve , and in conscience am resolved , that neither the pope nor any person whatsoever hath power to absolve me of this oath , or any part thereoff , which i acknowledg by good and full authority to be lawfully ministred vnto me , & do renounce all pardons and dispensations to the contrary . and all these thinges i do plainely & sincerely acknowledge , and sweare according to these expresse words by me spoken , & according to the plaine & comon sense and vnderstanding off the same words , without any aequivocation , or mental evasion , or secret reservatiō whatsoever . and i do make this recognition & acknowledgment hartily , willingly & truely , vpon the true faith of a christian . so helpe me god. a. this oath was intended for the papists & not for you . c. it is not so . for his ma tie at the last session of parli : anno . saith thus . some doubts have bene conceived anent the vseing off the oath off allegeance , & that parte off the act that ordeynes the takeing thereoff is thought so obscure , that no man can tell vvho ought to bee pressed therevvith . &c. and therefore iff there bee any cruple touching the ministering thereof , i would wish it now to be cleared . &c. and therevpon this statute was made anno . regni regis iacobi . &c. chap. . rowards the latter end . and if any person or persons whatsoever of & above thage of yeres do now stand or at any time hereafter shal stand , & be pretented , indighted , & convicted , for not coming to church , or receiving the lords supper , according to the lawes & statutes of this realme , before the ordinary , or any other haveing power to take such presentments , or indightmēts : or iff the minister , pettie constable , or churchwardēs , or any two of them , shall at any time hereafter complaine to any iustice of peace reare adioyning to the place where any person complained of shall dwell , & the said justice shal find cause of suspition , that then any one iustice of peace within whose comissiō or power any such person , or persons , shall at any time hereafter be , or to whome complaint shall bee made , shall vpon notice there off require such person or persons to take the said oath . and that if any person or persons being of thage of . yeres or above , shal refuse to take the said oath , duely tendered vnto him , or hit according to the true intēt & meaning of this statute that thē the persons authorized by this lawe to give the said oath , shall & may commit the said offender to the comon jayle &c. where wee see that if any take the said oath at their first apprehension , they are not to be comitted , or if they being comitted , take the said oath at the next open court , they are to bee set at libertie , if they will not take the said oath , to bee in premunire , as is at large in the statute declared , & as is daylie practiced with papists , & others . a. the kings majestie requireth your allegeance to be testifyed by your cōming to church . c. i pray let me demaund this questiō , doth the k : require my coming to c : to worship and serve god , or to worship and serve the k : if to worship and serve the k : i am ready to obey : if to worship and serve god , which none can do , but of conscience , the king himself saith he never intended to say any thinge to the charge if any for cause of conscience , ād this coming to church being a cause of conscience , if not he , why do you lay any thinge to my charge , for the same . and therefore you wronge his ma tie in thus affirming : for his highnes requireth onely my faithful allegeance to bee testified by the a fore said oath , and therefore hath ordeyned it , as i shal shewe by his highnes own testimony . if i should come to church , and not of consciēce , but for other respects , as many papists and other hipocrits do , to god it were most abhominable and what faithfulnes can be hoped for in such , towards his majesties person and state , can any godly wiseman thinke that he that playeth the dissembling hipocrite with god , that he will do lesse with men , and wil not worke any villany if it were i●●●● power , ād therefore herein , you compelling 〈◊〉 by tyrannie to bring my bodie , wherevnto my spirit cannot be brought , you cōpel me to hipocrisie with god and man , for if my hart were not faithfull in sincerity to his majesties crowne and dignitie , as i take god to witnes ( before whome i must be condemned or justified ) it is , these courses would rather harde my hart to worke villany then otherwise . now for his majesties many testimonys in his wrytings , they are worthy to bee recorded with thākefulnes to the highest for guiding his hart and pen to write such thinges . in his apology for the oath of alegeāce pag. . he saith . speaking of such papists as tooke the oath of allegeance . and i gave a good proofe that i intēded no persecution against them for conscience cause , but onelie desired to bee secured off them for evil obedience which for conscience cause they were bound to performe . & pag . speaking of blackwel the arch-preist he saith . i never intēded to lay any thinge to the said arch preists charge as i have never done to any , for cause of cōsciēce . & pag. . he saith . first for the cause of their punishmēt , i do constātly maintaine , that which i said in my apologie : that no man , either in my time , or in the late queens . ever died here for his conscience : for let him be never so devout a papist : nay though he professe the same never so constantly , his life is in no dāger by the lawe . if he breake not out into some outward act expreslie against the words of the law : or plot not some dangerous or vnlawfull practice or attempt . &c. where wee may 〈◊〉 short what is the whole some that he req 〈…〉 . and in his majesties speach at the last session off parliament anno domini . where he saith he sheweth his subjects his hart . he saith thus . i never found , that blood , and too much severity , did good in matters off religion , for besids : it is a sure rule in divinity that god never loves to plant his church by violence and bloodshed , natural reason man even perswade vs , and dayly experience proves it true . that when men are severely persecuted for religion , the gallantnes off many mens spirits , and the wilfulnes off their humors , rather then the justnes of their cause , makes them to take a pride bouldly to endure any torments , or death it selff , to gaine thereby the reputation off marterdome . though but in a false shadowe . a most vndoubted truth , which iff it bee ( as most manifest it is by the testimony of the holy ghost , throughout christs testament as before is proved ) then how cursed are al the ranke off you , that continewally breake this sure rule off god , thus confidently acknowledged by his majestie , planting your church by violence and bloodshed forceing many thousāds against their consciences to bee off our church , and to receive your sacraments , by all the persecutions that would followe : if they did not yeild , and those that feare god more then men , and dare not yeild , casting them into noysome prisons : amongst most wicked blasphemers off god , to the wounding off their soules : deviding them from their wives . children and families , and from their callings some an hundreth myles and more , vtterly consuming that substance they have , which sustaineth the blood of them their wives and children : seldome or never affording them release , but either by yeilding to you against their consciences , or els by con●uming their bodies to death , in prisō banishment , or the like , leaveing them and their wives to horrible temptations of adultery , in parting them , & their wives , ād to al manner of evill in takeing them from their callings , ād so leaveing them in continuall idlenes . is gods church thus planted ? or do christs disciples thus plant ? i. oh i● this spirituall power is little inferior in cruelty to the romish spirituall power / i pray how or whi was this set vp . ? c. henry the . casting of pope clement the . and so the popes power anno . set vp this spirituall power vnder him : see act. and mo : pag : . etc. i. i pray you shewe the likenes betwene these two spirituall powers . c. i wil doe my best endeavor which is but smale . first , the romish spirituall power doth make lawes to the conscience , and compel al therevnto by excomunication , imprisonment , banishment , death and the like . this spiritual power doth the like , vpon the like pennalties as al knowe . the romish power doth give titles to his ministers , which are the titles off god and christ , as spiritual lords , great bishope ād many more . this spirituall power doth the like as all knowe . the romish power doth set vp lords over their brethren in spiritual thinges , vnto whome they comaund honor , and great liveings to bee given great pompe and pride . this power doth the like , as all knowe . i shall not need to speake of this , in that all bookes are full and all consciences ( excepe those that are scrared with hot irons ) convinced here off . let but maister fox , or any others who have described the spirituall power of rome , let but their discription thereof bee compared with this spirituall power in all their lawes , courts titles , pompe , pride , and crueltie , and you shal see them very little differ , except in their cruelties , which ( glory bee to god ) the kings ma tie . who thirsteth not after blood hath some thinge rear a ne● , although it is most grevious crueltie to lye divers yeres in most noysome and filthy prisons , and continewall temtatione of want , their estates overthrowne and never coming out many of them till death , let it bee well weighed , ād it is little inferior to the cruel suddaine death in times of the romish power in this nation . i. it is very apparant it is that ymage or similitude off that beast spoken of revel . c. oh yes , for their is no such image of the popish power vnder the heavens as this : wel our comfort is , the stronge lord hath said . the kings of the earth ( by whose power both the beast and his image is supported ) shal take their power from hir , then shall she stand naked and desolate , and to this purpose his majestie hath a worthie exhortation to all princes , etc. in his apologie . pag. . the words are these . for as she did flie , but with your fethers , borrowing as well hir titles of greatnes , and formes of honoring hir , from you , as also enjoying all hir temporall liveings by your liberalities , so iff every man do but take his ovvne againe , she vvill stand vp naked , &c. oh that the vvords off ggd might bee accepted off his majesty , set downe by the holy ghost rom. . thou that teachest another , teachest thou not they selff ? for iff he would take but his owne , their titles of greatnes ād formes , off honoring them , and their temporal liveings , this spiritual power would stand very naked and desolate . i. well the harts off kings are in the hands of the lord and he can turne them as the rivers off water / but i desire your advice for my owne estate : i knowe every one must be are their owne burden / i have a long time remained subiect to this spiritual power / partely through ignorance / and partely through feare . c. i wil first declare vnto you the judgmēts of god against such as submit therevnto , that so from an vtter abhorring thereof you may come out never to returne thither againe . secondly : i will do the best i can to shewe you the way the lord requireth you to walke in , and that onely out of his word . the judgments are so feareful as i tremble to thinke off them , greater then which , is not manifested in the whole booke off god , revel . . . . and the third anngell followed them , sayinge with a lowde voyce , iff any man worship the beast and his ymage , and receive his marke in his forehead , or on his hand , the same shal drinck of the wyne of the wrath of god , yea of the pure wyne that is powred into the cup of his wrath , he shal be tormented in fire and brimstone , before the holie anngels , and before the lambe . and the smoake of their torment shal ascend evermore , and they shal have no rest day nor night , which worship the beast and his jmage , and whosoever receiveth the print of his name . i. i confesse these iudgments are to be trembled at / but how do you apply them properly to such as worship in these assemblies ? c. for the satisfaction of al consciences herein that it may appeare playnly , not to be gainsaid , let vs cōsider the words of wisedome , set downe in order as they lye . and first : what is ment by worship . ly : what by the beast . ly . what his jmage is . ly . what his marke is : ād lastly what is ment by forehead or hand . and first for worship , it is plentifully manifested in the scriptures , that it is service , subjectiō or obedience , to such thinges as are comaunded by god , or others : as mat. . . exo . . dewt . . and therefore his servāts wee are whome wee obey . rom. . . and as the lord saith : iff i be your maister , where is my feare ? if a father where is myne honor or worship mal. . ly : by beast , the scripture speaketh sometimes of cruel men in power and authority , as dan. . . luk. . . . . tim. . . sometimes of a blasphemous spiritual power exercised by men , received off the dragon exalting it selfe above god , makeing war with the saints , and overcoming them , and that hath power over every kindred , and tongue , and nation , so that al that dwell vpon the earth worship him . etc. and this is the beast here spoken of , even that spirituall power or jurisdiction of rome : which first wrought in a mistery , and by degrees was exalted , till at the last it was exalted to this cruell beast discribed . revel . . . etc. which beast openeth his moueth to bla●phemy against ●od , saying and practizing , that the comaundements that god hath given for his service , are not to bee regarded , but in steed thereof setteth , vp comaunds of his owne , vnto the which whosoever will not bee subject , excommunication and all crueltie even to death will ensue , yea even with gunpowder err it faile , and for this his crueltie he is called a beast . thirdly : by image is ment any forme , shape similitude , or resemblance of the thinge spoken of , as deut. . . . etc. exo. so that where soever such a spirituall power is , as this aboue discribed , there is the beasts image , as in england , the like power or beast to the first , is not to bee found vnder the heavens , in exaltation and cruelty . fourthly : by marke , is ment profession or practice , whereby wee are knowne from others as mat. . . . iohn . iohn . . . as badges or markes do put difference , betwixt this mans and that mans , in cattel or servants , as by such a mans marke wee knowe these are his sheepe , and by such a mās badg . wee knowe this man belongeth to such a great man : so they are said to have put on christ , that have received his baptisme . gal. . . even as a servant is knowne by putting on his libery . lastly , forehead or hand , the holy ghost vseth that phraise from the old testament , where gods people were commaunded , not onely to lay vp his commaunds in their harts and in their soules , but to bind them for a signe vpon their hands . that they might bee as frontiers betweene their eyes . dewt. . . and . . . the wysedome of god therein teaching , that the forehead and hād are the apparantest parts of the body , to the view of all men : so that to receive the marke in the forehead or hand , is to make manifest profession of him wee obey . the some of all which is , that whosoever openly professeth obedience , and subjection , to that spirituall cruell power off rome , the beast , or to that spirituall cruell power off england , his image , ( wheresoever they or eyther of them are exalted ) such a one , and such persons shall drinke off the wine off gods wrath , and bee tormented in fire and brimstone , and shall have no rest day nor night for evermore . i. your discription of the beast / the papists will deny / so will the english lord bbs : and their followers deny your discription of his ymage / but thousands will grant both : and some will deny both / as the familists / who say / that religiō standeth not in outward thinges / ād therefore they wil submit to any outward service / and they that do not so / but suffex persecution ( say they ) are iustly persecuted . c. those enimies to the crosse of christ are most of them not worth enformation , because for the most part they are such as do with an high hand sin , after enlightninge , haveing forsaken the way wherein they walked , because they would not beare christs crosse , but in that some simple soules may be seduced by them let vs a little in generall compare their opinion with the scriptures . true it is , that religion standeth not onely in outward thinges , for god requireth the hart : and truth in the inward parts , but that god requireth not our subjection ( vpon feareful punishments ) to those outward ordinances which he requireth , is a doctrine of devils as i shall prove . and first , for the outward ordinances off the old testamēt , which were meerly shadowes , & now are beggerly rudiments gal. . . what indignation the lord had towards them that transgressed . nadab and abihu , offering straing fire , which the lord hath not comaunded , a fire went out from the lord , & devoured them , levit. . . . the men off bethsh●mosh lokeing into the outward arke which god had forbidden . num . . the lord slevve fifty thousand , & threescore and ten of them . . sam. . . ozza , of a good intent leaninge his shoulder to the same outward arke which god forbad , the lord slewe him . . chro. . .- . ozziah the king offering vp outward incense , which god comaunded onely the preist num. . . . the lord smit him with leprosye vntil his death . . chro. . corah and his company : what feareful judgments came vpon thē ( though he a levite ) for presuming to meddle with the preists office , the earth openinge and swallowing them vp . num. . king saule , likewise offering vp incense ( in time off need as he thought ) the lord rent his kingdome from him . . sā . . as also for his disobedience afterwards touchinge the fat of amelecks cattle . . sā . . how often was the wrath of the lord powred downe vpon the isralites : because off their transgression of his outward ordinances , in place , person , and thinges , for it was a low. levit. . . . that who so brought not his sacrifice to the place . viz : to the doore of the tabernacle of the congregation , but offered it vp other where , blood should be imputed to that man , & he should be cut off from among his people : yea such sacrifices were estemed off god , as offered to devils , vers . . & the lord caused them to pronounce . dewt. . . cursed be he that confirmeth not al the words of thir law . to do them . & all the people must say so be it : was god thus jealous of moses ordinances , ād is the lesse jelous of christs ? must he die that dispiseth moses law , and shal he escape that dispiseth christs ? vpon what pretence soever . and christ saith . it becometh him & all his to fulfill all righteousnes in outward ordināces as washinge with water . mat. . . & whosoever saith , he knoweth god , & keepeth not his comaundments ( which are outward , as wel as inward ) he is a lyar . . ioh. . . & whosoever breakes the least comaundment , and teacheth men so , he shal be called the least in the kingdome of heaven . mat. . . & whosoever will not heare that prophet ( chr : iesus ) in al thinges that he shal say vnto thē , shal be destroyed out off his people . act. . . . the affectiōs of the soule are to be manifested by the actions of the body , according to gods word , and al other good intēts or affections are abhominable . wee may not neither can wee , worship god with our spirits , and the devill with our bodies : for vvee are bought vvith a price , and therefore must not bee the servants off men , but must glorifie god with our bodies , & with out spirits , for they are his . . cor. . . and. . . and this mai suffice to satisfy any cōcerning the over throwe off this accursed conceit , knowing also that christ and his apostles , and all his disciples to the end of the world , might , and may live peaceably enough from persecution , if this doctrine might be observed viz : submissiō with our bodies to any outward service . the lord discover such hipocrites . i. i blesse god i have learned of thapostle . cor. . . to say nothing against the truth / but for the truth / and therefore when i see thinges are evidently manifested by the scriptures disirous to submit ād not to cavil . but you knowe it is pleaded they have the word and sacraments in the english assemblies . c. i confesse they have the scriptures , in the which gods misceries are conteyned , which is locked vp from thē , ād revealed to his saincts . col. . . which they woefully pervert to their owne destruction : they have also imitations of gods ordinances , as water , bread and wine , ād other thinges , which they use after their owne invētions , which thinges maketh them boast so much of their christianity and of their church , and which maketh them reason thus . wee are gods people , for wee have the word and sacraments . the philistimes might better have reasoned : . sā . . who had the true arke of god amongst them , these have but a shewe . wee are gods people , for wee have gods arke and holy oracles amongst vs. but i thinke they had no great cause to rejoyce there of in the ēd : no more shal these have in the end , when god recompenceth al that with hold the truth in vnrighteousnes . gods dealing is not now as it was of old , he now reserveth punishmēt to the last day , he is patiēt , and would have men repent : but they despise his bountifulnes and long suffering , preaching peace when there is no peace . i. it cannot be denyed / but that the ministers preach many excellent truths / and do bring people to much reformation in many thinges . c. true it cannot be denyed . for if the devil should come in his owne likenes , men would resist him , but because he trāsformeth himselfe into an angel of light , therefore he deceiveth . so his ministers , if they should teach al lyes , mē would not be deceived by them , nor plead for them , but because they teach many truths people receive them . but first : for whatsoever they teach , they neither could nor should teach publiquely , their moueths should be stopped , if they received not that their power to teach such truths frō those the dragon sends , ād therefore none cā receive those truths from thē , but they receive the devil by whose power they teach for as our saviour saith mat. . . he that receiveth you , receiveth me , and he that receiveth me , receiveth him that sent me . so he that receiveth those the beast sends , receiveth the beast and he that receiveth the beast , receiveth him that sent him , that is the devil . further did not that southsayer balaam , teach excellent truths ? num. . . chap. yea the southsayers of th philistines the like . . sam. . yea those in the gospell preach in christs name . mat. . , as many we testimonies might be manifested , and secondly . for their bringing off people to reformation , and therein doeing great workes , did not the southsayers before recited . . sam. . shewe the princes their sin , in deteyninge gods arke and the judgments against them for the same , exhorting them to send it away , and not to harden their harts , as pharaoh and the egiptians hardned their harts ? and was not reformation wrought hereby ? ād did not they that preached in christs name cast out devils , and do many and great workes ? of whome our saviour testifieth , he never acknowledged them . but let vs a litle consider wherein the reformation consisteth , procured by their preachinge , in drunckennes , whoredome , swearing . etc. moral dueties , which thinges whosoever is not reformed in , shal never see gods kingdome , yet which thinges many of the philosophers ( that knewe not god ) abounded in , as they that knowe the stories cannot deny . but do they teach their hearers to hate vaine inventions and love gods law ? in a generall manner of teathing they may , but iff it come to particular practice , you shal see what they will do : do they teach any to submit to that one law giver christ iesus , for the guydance of his church , and not to antichrists abhominations , no they will tell you , you must sigh and groane , till the magistrate will reforme : for you are a private person , and must bee subject : and iff the powerfull working off gods word and spirit prevaile in you , to let you see , that the magistrats not reforminge , wil not excuse you at the day off account , but that , that soule that comitteth abhomination shall dye , and that rather then you will worship the beast or his image , you will suffer with christ peaceably seperating your selfe from such opē prophanatiō as neither can , nor will be reformed , endevouring to square your selfe both in your entrance , and walking in christs way , vnto that golden read , which he hath left for direction : then the best off all these preachers and reformers , will be hot and bitter , laboring with al the turning of devices to turne you , and with hold you from reformation : and iff they cannot prevaile hereby , then publish you in their previleged pulpits , where none may answere them : you are a schismatique , brownist . annabaptist and what not , to make the multytude abhor your doeings , ād not to followe you therein , and some of them ( iff not all ) vnder a cullor , procure your imprisonment , and trouble , by their canonized lords , or some off their heilish pursevants . and such preachers of reformation are the best off them all . a. oh how have we bene besottes in these thinges for wāt of true knowledg and vnderstanding from the scriptures / how have i and others satisfyed our selves with these thinges / in that our estate was happy / perswading our selves thereoff / when alas our feare towards god was taught by the inventions of men but the reason thereof was wee iudged our selves by our owne perswations / and not by gods word . c. i pray you let not that seme straing vnto you , that people should perswade themselves of their good estate with god , when it is not so . the isralites gods people thought their estate good , many tymes , when alas at it was otherwise , as the prophets declared vnto them yea our saviour testifieth , that they boasted of god being their father , when they not so much as knewe him . ioh. . . yea when they were of their father the devil . vers . . the fyve foolish virgines though their condition good enough , and that they should have bene let in , but it was otherwise . luk. , the wicked thought they did god service that killed christs disciples . ioh. . . mans hart is deceytful . ier. . . who are more confidēt of their good estate with god then the papists , notwithstanding al their grosse abhominations ? even so have you and i ( god pardon vs ) thought beyond al , that wee were in a good estate , haveing such zealous teachers , that teach so many excellent truths vnder the title of christs ministers , til wee came to examine them , as the church of ephesus did revel , . then wee found them to hāve no other ministery then that they received frō the beast and his image , which the dragon gave . revel . . i. are all without exception in this feareful estate to bee cast into the laike that burneth with fire and brimstone ? c. al that submit , obey , or worship the beast without exception , for their is no respect of persons with god. so saith the lord : if any man worship . &c. these ( worshippers vnder the beasts image ) may bee devided into two sorts . first , those that ignorantly perswade themselves that al that is practiced is good ād acceptable to god. secondly : those that see and aknowledg many thinges to be evill which they would gladly have removed , but because they cannot without the crosse of christ , partly for that , and partly by the perswation of their prophets ( that the thinges are not fundamenttall and the like pretences ) all submit , and teach men so . i. some affirme / there be thousands in england / that never worshipped the beast etc. but be careful to kepe the comaundements of god , and faith of iesus . c. such are not vnder these judgmēts , but if there meaning be of any that submit to these ordinances appointed for these assēblies , such teachers preach peace whē there is none , strengthē the wicked , that they cannot returne from their wicked way , by promissing them life , whose reward shal be according to the reward of such false prophets . ezek. . . and chap. . . because they followe their owne spirit , and have not received it from the lord. for thus saith the lord , such shal drinck of the wine of the wrath of god. i. it is also affirmed by some / that in respect of personall ●races / some of the professors ( as they are called ) are the children of god / and may be communicated with privately / th●ugh in respect of their church actions they are members of antichrists body to whome the iudgments of god apperteyneth . c. this opinion proceedeth not from gods word , but from mans vaine hart , by the suggestion of the devil , which that it my evidently appeare , let vs a little consider of it . in truth it is to say , that in one respect they have gods promisses aperteyning to them : in another respect they have gods most fearfull tormēts ( pronounced against that beast , and that false prophet . revell . . ) apperteyning to them : in one respect they are gods people , serveing him their maister : in another respect the devils people serveing him their maister : in one respect , they shal be saved , in another respect they shal be damned : but what false doctrine this is , gods holy word doth discover . our saviour saith : no man can serve two maisters , ye cannot serve god and riches . mat. . . and can any serve christ and the beast , god and the dragon ? when christ shal come at the last day to give to every man according to his workes , wil he say to any one , in respect of thy personal graces , i will save thee , come thou blessed , ( as he wil say to all his children ) but in respect of thy being a member of antichrists body , i will damne thee , go thou cursed as he wil to al that worship or obey the beast ? wil not christ iesus pronounce absolutely either salvation or condemnation to every one ? and that according to this word ioh. . so as god in his righteousnes will either justify or condemne , every man : so hath he taught vs to knowe , that no fountaine can make salt water and sweet iam. . . and therefore that by mens fruits wee should knowe and judg thē to be not both good and evill trees at one time . as this opinion teacheth , but either good or evill : alwayes takeing heed , wee justify not the wicked , nor condemne the innocent , both which are abhominable to the lord : ād for any comuniō whatsoever with them , what fellowship hath christ with antychrist , the righteous with the wicked : the servant of the lambe , with the servants of the beast ? but i leave this for further answere to those who although they are nearer to this man , that hath published this opiniō , thē i am yet hath ( according to truth ) confessed in writinge . that there is nothing to be expected frō christ , by any member of the church of england , but a pow●ing out of his eternal wrath , vpon them . mr. de-cluse . advertis . pag. . i. wel / i praise god / i am much enformed in these thinges yet one thinge more i wil desire your answere vnto . the case standeth thus with me . in these thinges i am betwixt faith and doubting / though the rather / i beleeve these thinges you say are true / and that i may never go to these assemblies againe without sin / but i am not so perswaded thereoff / that i dare suffer for it / what if i should ( not haveing faith to suffer ) for feare of persecution / go to their worship againe . c. it were your most feareful sin , which i prove thus , and i pray you observe it wel you must do it , either as being verely perswaded you do well , and then al this beginning of light in you should bee extinguished , ād so your estate is with the worst , if not worse : or els you must do it , doubting whether you do wel or no : for i hope you wil not say you do it knowing you do evil . if you do it doubting , the lord saith : it is sin . rom. . . which i hope you will acknowledg , and not approve your selfe to do wel in syning , and then god is mercifull to forgive your sinne , either this or any other . . iohn . . . but iff you say you sinne not therein doeing it doubtingly , you make god a lyar who saith : it is sin , & your sin remaineth . i. what iff i should many times go through weaknes ? c. if you vnfainedly repent , being through weaknes , there is mercy with god , though it should be seaventy times seven times in a day . mat . . . but wee had need to take heed of our repentance . th-apostle saith , where there is godly sorrowe for sin , what care it worketh in you yea what indignation . &c. . cor. . and custome in sin , is dangerous , wee had need to take heed , wee be not hardned , through the deceitfulnes of sin . heb . . i. then you how / that if any man approve himselfe in syninge / his sin remaineth . c. if any man sin , and say he hath not sinned . there is no truth in him . . ioh. . . and god vvill enter into judgment with him . ier. . . i. then absolutely i see that if any man worship the beast or his ymage / etc. as before you have shewed / he neither hath faith nor feare of god in him what shewe of godlines soever he maketh . but what say you , man not a man that seperateth from all vncleanenes / though he yet / see not the way off christ / in his ordinances may not such a man bee saved . c. yes , vpon this conditiō , that he beleeve in iesus christ for his onely righteousnes , and be willing and ready , to heare and obey his ordinances , example hereof wee have in cornelius . act. . but if anie wil not heare that prophet ( chr : iesus ) in al thinges whatsoever he shal say vnto thē shal be destroied out of his people . act. . . . a. what do you meane by wil not heare ? c. that when any parte of the waies of god is manifest to them they despise , and contemne it , or carelesly neglect it , otherwise men may not receive some of christs truth , ād yet not be said , that they wil not receive it . i. next / after forsaking the wayes of wickednes / and imbraceing christ for our righteousnes what must wee do ? c. christs whole testament teacheth this , and no other way , after repentance , from dead workes , and faith towards god , to be baptized with water . mat. . . act. . . and . . . and . . and a clowde of witnesses , calling these the beginnings of christ , and foundation . heb. . . etc. i. may none be admitted to the church / to pertake in the ordinances , except they be baptized ? if any teach otherwise , he presumeth above that which is write . . cor. . . ād therefore ought to be held accursed . gal. . . . for there was never true church , since christs manifesting in the flesh , joyned together of vnbaptized persons though some have vainely published , the contrary . i. true / i thinke that cannot be denyed / where the persōs were never baptized / but now the members of the church off rome from whence the baptisme of the church of england cometh / are baptized / therefore why need they againe be baptized . c. if they bee baptized with christs baptisme , i wil acknowledg they need not againe be baptized , but that the baptisme of the chur : of rome . is christs baptisme : that can never bee proved , for christ requireth that onely his disciple should baptise his disciple , and into his body . none of which is in romes baptisme : for christs adversaries wash with water , those that are not christs disciples , into the body , not of christ , but of antichrist . i. i confesse that the church of rome and mēbers there of are the church and members of antichrist / but they vse the water and words in their baptisme that christ appointed . c. what thē : is it therefore chr : baptisme ? the conjurers vsed the same words that thapostles did act. . . etc. wee adjure you by the name off iesus . &c. yet abhominable was their action : also psal . . vnto the wicked said god , what haist thou to do with my ordināces ? or to take my word in thy moueth , &c. also the papists vse the same words of their church , that christ hath appointed to vsed of his , as also of their ministery , is it therefore chri : church and ministery ? they vse also the same washing water , and words in baptizing their bells , that they use in their baptizing their infants , is it therefore christs baptisme ? if āswere be made , bells are not to be baptised i answere no more are the seed of wicked persecuters , by our opposites owne confession . iff this were any thinge you should see what will followe : the baptisme of rome is christs baptisme , because they use water and these words : so if any vse water and these words , as the iewes or any other of christs adversaries as the papists are , there is christs baptisme , consider this and see what truth there is in it . a. though the baptisme of the chu : of rome should bee ●ought / yet the baptisme of the church of england may bee good / in that there bee many thousands that were never baptised in the church of rome . c. i answere that the first beginning off the church of engl : was made of the mēbers of the chur : of rome , as is apparant in the dayes off king h. the . and afterwards in the beginning of q. elizabeths raigne , after q. marys death and so contynueth vnto this day , and the long contynuance of it , maketh it not aproveable : ād the papists thēselves did the protestāts prove if they have or hold any other baptisme church or ministery , then that they have from them , ād shewe it , and they wil recant . besides the baptisme now practized in the chur : of england , is no better no otherwyse then that of rome : for the chur : of rome baptizeth al the infants of the most wicked that are in hir dominions : and so the chu : of england baptizeth al the infāts of the most wicked that are in the kings ma ties dominions , and of this timber are both these churches buylt , and therefore wee may truely say : as is the mother , so is the doughter . and as they are in their first buylding , so are they in the most of their lawes , lords law-makers , courts , ād thousāds of their abhominations in so much as it is playne enough , the latter is the very image of the first , vnto which , whosoever submitteth or obeyeth , or maintenieth their baptisme , or any other of their humaine trash , he shal be tormēted in fire ād brimstone for evermore , ād shal never have rest day nor night . revel . . & therefore in gods feare cast away that cursed actiō of washing , where was neither chr : disciple administring , nor his disciple vpon whome it was administred nor christs body or church baptized into : and obey christs voice , in becomeing his disciple , ād to his church , that you may be baptized by his disciple , and be made a member of his body or church . this onely is christs baptisme , and of him acknowledged and ought to be off al his disciples , and the contrary to be held accursed , and in no sort mainteyned or kept . i. it is obiected / that we must cast away that which is mans ordinance / and reteine that which is gods ordinance / namely / washinge and water and words . c. i deny that any thinge in that action was gods ordinance or appointment , what truth is there in this : to say , that because god apointeth water , and washing , and words in his baptisme , therefore howsoever water , and washinge : and these words are vsed , that is christs ordinance . i confesse water ād washinge , ād words are gods ordinance , being vsed as he hath comaunded , the which i acknowledg must bee held : but this vse of thē , or action forespoken off being not the vse of thē , or action appointed off god ( as the adversaries confesse ) is to bee cast away as execrable . i further it is obiected they repent of that which is evil and reteyne that which is good . c. for the better discovering of this deceit , let vs consider what is the evil then cōfesse , ād that they repent of , say they , an vnlawful persō , performed an vnlawful action vpō an vnlawful person , this is the evil . now this is the questiō whether this actiō thus vnlawfully performed may be kept , and yet repented of . the scripture teacheth , that not onely confessing , but foresakeing sin , is repentance . pro. . . cā a theife that hath stolne goods , repent thereof to acceptance with god , and not make restitutiō to the party wronged ? being in his power , or haveing ability to restore , i would knowe how this wil be maintayned for the one is a greater theft thē thother . i. it is further obiected / that ieroboams followers had no right to circumcision in their ydolatrous estate / yet such as were circumcised in that estate / were not afterwards circumcised when they came to repentance . c. it is there foregery so to object , for either they had right to circūcisiō , being true isralits although in transgression , or els none had right to circumcision in the world , no not iudah : for what cā be said , but that because the ten tribes were in rebelliō against god therefore they had no right to circumcisiō : may not the same be said in as high a mesure of iudah ? was israels sin halfe so great as iudahs ? if it bee said that israel forsooke the place of gods worship the tēple , so did iudah to , worshipping vnder every grene tree , and grove , and high place : whatsoever cā be said of the one , as much may be said of thother . this is a meere deceitfull forgery raised vp by sathan , in the harts of his false prophets , to deceive thēselves , and thē that shal perish , if they repēt not , in that they receive not the love of the truth , but beleeve these lyes , and have pleasure therein , concluding frō this false ground , that because the isralites in transgression were circumcised , and after comeing to repentance were not circumcised againe : so egiptians , sodomites and babilonians , never haveing bene isralites , baptized in the synagogues of sathan , are not to be rebaptised , as they cal it , there being no comparison betwixt the persons : th one being true isralites acording to the flesh , gods people , to whome by gods appointement circumcision aperteyned , ād who should have increased their transgressions if they had not performed it : and thother true babiloniās gods adversarys , vnto whome god threatneth his judgments , for takeing his ordinances in their mouethes or hands . i. i see indeed there is no true proportion betwixt the persons in circumcision and baptisme / for the one were the persons appointed of god to be circumcised , which circumcision taught them the forsakeing of their wicked waies / and bound them to the observation of the law . gal. . . and they had no cause to repent of that their action : thither are not the persons appointed of god to be baptized but sinned in that their action and must repent thereof by your opposites owne confession . but if this be granted / this question ariseth who shal then baptize after antichrists exaltation ? c. for answere to this : there are three waies professed in the world , one by the papists , and their several successors , professing succession frō the pope and his ministers : another by the familists and scattered flock ▪ that none may inter meddle there with lawfully ▪ til their extraordinary men come : another , wee ād others affirme that any disciple of christ in what part off the world soever commeing to the lords way , he by the word and spirit off god preaching that way vnto others , and converting / he may and ought also to baptize thē : the two former i shal through the helpe of god confute / and confirme the latter by the scriptures . first to the papists and all their severall successors ( some standing for all by succession from rome / some for more / some for lesse / some for nothing but baptisme / being of our judgment for the appointing of their ministery . to them all i answere with the words of the lord / ps . . . what hath antichrists ministers to do to take gods word in their mouths , or to declare his ordinances , seeing they hate to be reformed , and have cast gods word behind their backs . if they have nothing to doe with his word and ordinances / then not with ministery and baptisme . besides god hath foribidden that the adversaries of him / his temple / and them that dwel in heaven should build according to that of nehemia . . . the god of heaven he wil prosper us , and wee his servants wil rise vp and build , but as for you , yee have no portion nor right nor memoriall in ierusalem . . to that fantasticall sect i answer . it is their dreame and false vision / to looke for extraordinary men / for god hath not spoken it . for if an angel frō heaven should come & preach otherwise , then those extraordinary men the appostles have preached which none els could preach / & which is written in christs testament / wee are to hold them accursed gal. . . . which truth none need go into heaven to seeke , but every one that searcheth the scriptures may find by the direction of the holie ghost , which god hath promissed to all that obey him . act. , and aske it . mat. . . i now i pray you let me heare your confirmation of your practice . c as it was in the second building of the materiall tēple , after the captivitie of babylon in caldea , so according to the true porportion , it is to be in the second building of the spirituall tēple after the captivitie of spirituall babylon . now this is observed in the former that every israelite , with whome the lord was , and whose spirit , the lord stirred vp , was commaunded to go and build ezra . . . . though some were more excellēt in the busines then others . so now every spirituall israelite with whome the lord is , & whose spirit the lord stirreth vp are comaunded , to go and build , and the lord wil prosper them in riseing vp and building , though some be more excellent in the busines then others , the begining of which spirituall building , is first to beget men a new by the immortall seed of gods word , so makeing them liveing stones , & therevpon to couple them together a spirituall house vnto god . pet. . vpon the confession of their faith / by baptisme / as the scriptures of the new testament every where teach , as before is shewed . i it is confessed of many / that any that hath giftes may preach and convert but not baptize . c such our saviour accounteth hipocrites , and reproveth mat. . that held it was lawfull to sweare by the temple but not by the gold on the temple , by the altar , but not by the offering on the altar : to whom he saith , whether is greater the gold or the temple that sanctifies the gold ? the offering , or the altar that sanctifieth the offering ? so may i say , whether is greater the water and washinge , or the word that sanctifies the water ? i. what other example have you in the scriptures , that on vnbaptized person may baptise ? c. if there were no other then that aforementioned , it were sufficent . an israelite circumcised in flesh god stirring vp his hart was to build , the temple made with hands , from the first stone to the last , so an isralite circumcised in hart , god stirring him vp , is to build the tēple made without hands from the first stone to the last , begining with , go preach , and baptise , teaching to observe all that god cōmaunds , as christ teacheth his disciples to the end of the world . but further wee have the particuler example of iohn baptist , who being vnbaptized , preached , converted , and baptized . i. but iohn baptist was an extraordinary man it wil be obiected / for god spake to him extraordinarily . c. what then / is not his practice written for our instruction ? god hath spoken at severall times after sundry manners heb. . . etc. yet all to one end , as for this of iohn baptist , the same god that spake to iohn baptist in the wildernes his word , the same god speaketh to vs in his scriptures the same word he spake to iohn , and there fore seeing the lord hath spoken who shall not preach and practice according to his word , seeing now god speaketh to no particuler persons , for what soever is written afore time is written for every mans instruction . rom. . . i. many famous men as mr. perkins and others cōfesse , that if a turck shoud come , to the knowledg of the truth in turkie , he might preach the same to others , and ●●●erting them baptize them / though vnbaptized . c. true , but this misterie of iniquitie so prevaileth perswading many that they are christians , because they had baptisme in their infancie whē it apperteined not to them that they think their case is better then the turckes , though alas it is much worse , for it shal be easier for the turkes then for them if gods word be true . are not all iewes & gentiles in one estate by nature , and is there more then one way of comming to christ for them both namely to be the sonnes of god by faith and to put on christ by baptisme gal. . . . who hath set vp his new way ? christ or antichrist ? i. many of those caled brownists doe confesse that they are reasonable perswaded that antichristians cōming to the truth may be baptized / and they would not differ with you concerning that / but that you deny infants baptisme / what say you / may not the infants of the faithful be baptized ? c. no except god have appointed it . i. you know it is granted that there is neither plaine comaund nor example for it in christs testament , but from the consequence of circumcision , in that covenant that god made with abraham and his seed gen. . and other places agreeing therewith . c. let vs endeavor to put an end to this if it may be in short . i demaund of you / what covenant the lord meaneth here . it must be granted he meaneth , either the covenant of the land of canaan withall the promisses thereof : or the covenant of christs cōming of his loynes concerning the flesh , or els the covenant of life and salvation by christ , one of these three it must needs be , let me have your answere / or any mans hereto . i. the first and second cannot be pleaded , therefore it must be the third , namely life and salvation by christ . c. wel , then i demand , hath the fleshly childr 〈…〉 of the faithfull , more previlege to life and salvation then the faithful themselves ? i. no i think it cannot be sayd . c. wel , then i affirme that the faithfull have right to this covenant of life and salvation onely upon their repentance and faith , and not otherwise , & so have their children & not otherwise , except you wil say they have greater previlege thē the faithful : or els that they shal have life & salvatiō by their parents faith : or els that they have right and title to it , whether they repent and beleeve or no. if any say they have right and title to it by gods promise . i answer god hath promised life and salvation by christ to none that are vnder condemnation but onely by repentance and faith : let any shew the cōtrary if they be able . if any say as some foolishly have done , being vrged / that it is the covenāt of the visible church : what covenant is that but the covenant of life and salvation made to the faithfull , christs body and church . and therefore seeing they are so confounded herein , some teaching one thing , some another : some that infants have neyther faith nor repentance , but by vertue of the covenant made to their parents : others teach that repentance and faith is to be performed of every one that is to be baptised , & that infants may repent and beleeve by their suerties till they come to age themselves : seeing i say they are thus confounded herein , having nothing in christs perfect testament , onely some shew of a forged consequence , and also that they agree not among themselves . let vs take heed of prophaning the lords holy ordinance , administring it where he hath not cōmaunded . many other things might be sayd , but this may suffice , seeing much is already written , & more may be ere long : knowing they have nothing to say but their severall conceits . i. but what doe you then hold of infants ? c. that they are innocents as christ teacheth . mat. . . &c. & . . &c. . cor. . . that they have no knowledge . deut. . . ionah . . that god speaketh not to them , requiring any thing at their hands , deut. . . mat. , . rom. . . . cor. . . and therefore they have not sinned , seeing sin is the breach of gods law . . ioh. . . rom. . . i. then you hold they shal be saved . c. wherefore should they be condemned ? i. for that originall sinne , they have received from adam . c. well . it is not my purpose now , time wil not serve to answere all the objections that are made in this matter . in short i trust to cutt downe that conceit , that any infant should be condemned as thus . i demaund of you , did any of adams posteritie fall deeper in that trāsgression then he himself ? i. no i never heard it affirmed , but as deep as he . c. well , out of your own ground you shal be convinced . did god ever purpose or declare , that adam for that transgression should goe to hell ? consider it well before you answer . i. no , for from eternitie he purposed that christ should be betwixt that syn , and condemnation . c. you say true : then for that sin , god never purposed to condemne adam to hell : if not him for that , why any of his posteritie for that ? let this be considered , it is your owne ground . further i say , and that without contradictiō , it was never gods purpose that any should go to hell , but for refusing christ . this is condēdation that light ( or christ ) is come into the world / and men love darknes better . ioh. . . and christ will condemne the world of sin , because they beleeve not in him . ioh. . . i. i cannot contradict you in this , i will better cōsider of it , but i pray you what hold you then of predestination ? c. if you conceive the former , you may see what i hold , namely that before all beginings , it was gods purpose or predestination that , saltiō should consist in the receiving , or beleeving in christ , and cōdemnatiō in refusing of christ . he that will not beleeve shal be damned . mar. . . and not otherwise . i. then you hold that god hath predestinated some to be saved , and some to be damned . c. yes , as i told you , namely the receivers of christ to be saved : and the refusers of christ to be damned , but that god hath predestinate or appointed some to the meanes & end , namely to be wicked and to be damned , is the most blasphemous conceit , that ever sathan foysts into mans hart , or braine . a. but are men left then to their owne free will ? c. what doe you meane by free will ? i. abilitie of our selves to do good or evill . c. you say well , that truely is freewill . to do evill , and to resist gods word and spirit , wee have freewill or power of our selves , act. . . & . . but to do good , or to receive gods word or spirit , wee have no power of our selves . god worketh the will and the deed herevnto . phil. . . wee are both begotten againe of god by his aboundant mercie in christ , to that heavēly inheritāce & kept by his power ( through faith ) unto salvation . . pet. . . . so that nothing apperteyneth to us but shame , to him onely apperteyneth the glory for our life from death & for our preservation therein . i. how comes it then that some do beleeve / and some do not ? c. that any do beleeve i have shewed you the cause , without the which none could beleeve , namely gods mercy in christ , in quickning vs that were dead by his powerfull & lively word spirit : that some do not beleeve , the cause is , they having freewill to do evill / & to resist gods & word and spirit / vse the same / and so do not beleeve . that any beleeve it is thus gods mercy / that most beleeve not / the cause is not gods / but their owne wicked resisting will. i. it is sayd / that the reason why some beleeve not / is because god doth not effectually call them / as he doth the other : for if he did / they should come . c. this saying / is partly blasphemous / partly ignorant / blasphemous / in that it lyeth the cause of their not beleeving on god / in that he effectually calleth them not / & maketh god a dissembler in his word / who saith / as he liveth he would have it otherwise : ignorāt it is / in that such persōs as so say / know not gods work in creating man : for if god had made adā otherwise then he made him / eyther vnchangeablie good or evill / he must have made him eyther a god or a devill : for if he could not have resisted god / by his creation / then what was he / but as god / vnchangeable : and if he could not have resisted the devill by his creation / what was he but a devill vnchangeable ? or if he could not have resisted god in eating the forbidden fruit / how could god have manifested his mercie to him in christ ? or if he could not have resisted the devill therein / how could god justlie poure out his iudgmēts upon him / for his obediēce to sathan / god creating him therevnto . now for vs adams posteritie / it is graunted of all / that wee have the same will or power to evill that adam had or rather worse / though not the wil to good he had / and therefore men may and doe resist god in his effectuall calling of them / as adā did in gods effectuall forbidding him that tree . god is no respecter of persons / he calleth all effectually and in good earnest / and whosoever holdeth otherwise he hath an evill conceit of god. i. i praise god you have given me great satisfaction in these things / what must we do after our baptisme ? c. as the saints our predecessors did . they that gladly received the word were baptized , and they continued in the apostles doctrine , fellowship , breaking of bread and prayers . act. . walking in fear towards god / and in love in word and deed / one towards another / according to the blessed rules in christs testament ; and also justly and unblameably towards all men / that they may cause their conversatiō aswell as their doctrine to shine before men / that men may set their good works , & glorify their father , which is in heaven , without the which conversation all profession is nothing . a. it is a great stumbling block to many / that divers / who professe religion walk corruptly in their conversation / it is great cause that the wicked open their mouthes against gods truth . c. alas , it is most lamentable , but gods people must knowe , it hath bene and will be so vnto the end of the world . and therefore hath christ iesus appointed meanes for the redressing thereof in his church . mat. . & . cor. . &c. and we may not justify or condemne any religion whatsoever by mens personall walkings . may we say / the religion of the philo●●phers was good because of their morall ver●es ? or that the religion that iudah and da●●d professed was evill , because of iudahs in●est , and davids adulterie / and murther . gen. ●● . . sam. . or the religion of christ evill / because that one that professed it , fell into incest ● . cor. . gods people had need to take heed assuming / whereby to cause the adversaries to ●laspheme , for the which god may make them ●xamples to all succeeding ages . a. i give you hartie thankes for your paines with me in these things / and i trust i shall not let them slip but remember them all my life / and put them in practise . c. the glory and thanks thereof onely be 〈…〉 ngeth to god , for to him it is due , but this i desire you to consider / that the knowing of the 〈…〉 ll of god / without practising of it / doth vs 〈…〉 ther hurt then good / the scripture saith . not 〈…〉 he knowers but the doers are justifyed rō . . . ●am . . . and he that knowes his maisters wil & doth not shal be beaten with many stripes . may there be in this nation ( with greefe of soule i speak it ) that acknowledge and confesse the truth / but practise it not / for some respects or other ; the lord perswade all your harts to the speedy practise thereof / and that by many examples that are left vnto you . david that mā of god saith , i made haist , & delayed not to keep thy cōmaundements . psal . . . the disciples mat. . ymmediately without tarrying followed christ . the three thowsand the same day ●hey were enformed obeyed the lord and were baptized . act. . the samaritanes act. ● . assoone as they beleeved were baptized both m●● and women . the eunuch likewise ver . 〈…〉 iaylor / lydia , paul , and a clowd of witness 〈…〉 comming not with flesh and blood , but obey the lord assoone as they beleeved . here w 〈…〉 no staying to heare what this , and that learn 〈…〉 man could say against it , as now a daies , but they were confidently perswaded thereof , th 〈…〉 obeyed . and so i am assured it shal be by lit 〈…〉 and little as the kingdome of the beast diminisheth . i. i hope i shall testify to all / my spedie walking 〈◊〉 the steps of these holie men / but one thing there is yet which hath much troubled me and others / and in my judgem●●● hath much hindred the growth of godlines in this kingdom and that is that many so soone as they see or feare 〈◊〉 will ensue / they flie into another nation who cannot 〈◊〉 their conversation / and thereby deprive many poore ig●●rant soules in their own nation / of their information / 〈◊〉 of their conversation amongst them . c. oh / that hath bene the overthrowe 〈◊〉 religion in this land / the best able and great 〈…〉 part being gone / and leaving behind them some fewe / who by the others departure have ha 〈…〉 their afflictions and contempt increased which hath bene the cause of many falling back / and o● the adversaries exalting / but they wil tell vs we are not to iudge things / by the effects / therefore we must prove that their flight vnlawfull or we say nothing . and first / whereas it is said by some of these fliers / that many of the people of god fled into forraine countries / and that god gave approbation thereof / as moses / david / our saviour christ in his infancie / & others / thinking here●y to justify this their flight . i answere / god ●eserved moses and the rest in their flight / till ●etime was come that he imployed them in his ●●rvice / then in no case he would suffer them to 〈…〉 e / as when moses manifested his exceeding ackwardnes to the lords work in helping his ●eople out of bondage vsing many excuses / the lord was very angry with him exod. . . — . ●nd whither did our saviour flie / when the ●ime came that he was to shewe himselfe to israell ? luk. . . if any of these men can prove the lord requireth no work at their hands to be 〈…〉 e for his glorie and the salvation of thousāds of ignorant soules in their owne nation / let thē●tay in forraine countries . but i trust gods people have learned / not to say the time is not yet come that babell should be destroyed / and the lords house builded / but that the time is come to build the lords house / and not to dwell in seiled houses / hag . or any way to seek our outward promotion ; which if it be granted / that the time is come / not onely to come out of babel but to destroy her / all these objections are nothing / except they prove that when god called any of his people to his work / they left it for feare of trouble . this doctrine was not approved of god when the time came that his adversaries were to be rooted out / and that his people had gotten some victory . the rubenites , and the gadites could have been content to have remayned to their most peace & cōmoditie . nū . . but moses sayd vnto them , shall your brethren goe to warre and ye tarie here ? wherefore now discourage ye the harts of the children of israel &c. sharplie reproving them as an increase of sinful men risen up in their fathers steads still to augment the feirce wrath of the lord / and moses would not be satisfied vntill they had promimised that they would goe with their brethren to the lords worke / and would not returne to their houses / till they had accōplished the same . and the angel of the lord doth say . curse ye meroz , curse the inhabitants thereof , because they came not to help the lord , to help the lord against the mightie . iudg. . . also because the men of iabesh gilead / came not up to the lord / to help their brethren against the wicked men of gibeah , all the men were destroyed and all the women that had lien by men iudg . no excuse whatsoever could serve : did god thus respect his worke and people then / as all must put to their helping hand / and none must withdrawe their shoulder least others were discouraged / & is there no regard to be had thereof now ? but any occasion / as feare of a little imprisonment / or the like may excuse any / both from the lords work / & the help of their brethren that for want of their society and comfort / are exceedingly weakened / if no overcome . if answer be made / they performe their duty in both / that they doe the lords worke the pastor feeding hys flock / and the people walking one towards another . i demaund / doth the lord require no more worke of them ? doth he not requyre that they should help to cast downe babell ? if reply be made they doe it by their bookes . i answere / that may be done / and their lights shine by their mouthes and conversations also among the wicked / which is the greatest meanes of converting them and destroying antichristes kingdome / they overcame ( not by flieing away ) by the blood of the lambe , and by the word of their testimonie and they loved not their lives unto the death . rev. . . gods people are the lights of the world / a citie set on a hil / a candle set on the candlestick / giving light to all that come in . mat. . and therefore must shine by their persons / more then by their ●ookes . and great help and encouragement would be to gods people in affliction of imprisonment and the like / to have their brethrēs presence / to administer to their soules or bodies / and for which cause / christ will say / i was in prison / and ye visited me / in distresse and ye comforted me / and vnto those that doe not so / according to their abilitie / goe ye cursed . mat. . if men had greater love to gods cōmaunds / or the salvation of thousand of ignorant soules in our nation / that for want of instruction perish / then to a little temporal affliction they would neither publish nor practise as they do in this thing . thus have i in short shewed you my poore abilitie in these things . and for all other things we hold / as the lawfulnes of magistracie gods blessed ordināce . of christ our saviour taking his flesh of the virgine mary / vy the wonderfull work of the holy ghost &c. you may see them in our confession in print published . yeres ago . i. many that he called annabaptists hold the contrarie / and many other strange things . c. wee cannot but lament for it / so did many in christ churches in the primitive times hold strange opinions / as some of the corinth● denyed the resurrection / and in many of the 〈◊〉 churches were greevous things / which the l. by his servants warned them of / vpon payn of his displeasure / & removing of his presence from them / neverthelesse others professing the same generall cause of christ / were cōmended . a. well / you will yet be called annabaptists because you deny baptisme to infants . c. so were christiās before vs called sects . and so they may iohn baptist . iesus christ / himself / and his apostles annabaptists / for we professe and practise no otherwise herein / 〈◊〉 they / namely / the baptising of such as confesse with the mouth the beleefe of the hart . and if they be anabaptists that deny baptisme / where god hath appointed it / they / and not we are annabaptists . but the lord give them repentance / that their sinnes may be put away / and never layd to their charge / even for his christes sake / amen . thus have wee in this dialogue according to our poore ability answered such objections / as hetherto in our poore and unworthy testimony have bene objected against any of vs concerning persecution for religion : as also with good consciences pointed at the principal things of mr robinsons late book till further time . finis . the weesils a satyrical fable, giving an account of some argumental passages happening in the lion's court about weesilion's taking the oaths. brown, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the weesils a satyrical fable, giving an account of some argumental passages happening in the lion's court about weesilion's taking the oaths. brown, thomas, - . [ ], , [ ] p. [s.n.], london : . satire in verse on william sherlock. cf. bm (compact ed.) attributed to thomas brown. cf. bm. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherlock, william, ?- -- in literature. oaths -- great britain. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - aptara rekeyed and resubmitted - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the weesils . a satyrical fable : giving an account of some argumental passages happening in the lion's court about weesilion's taking the oaths . i tell thee mufti , if the world were wise they would not wag one finger in your quarrels ; your heaven you promise , but our earth you covet ; the phaetons of mankind , who fire that world , which you were sent by preaching but to warm . mr. dryden in don sebastian . london , printed in the year . the weesils . the argument of the first section . husband and wife at variance are about the oathes , till female art informs his conscience , he must swear , and brings him over to her part . section near to an ancient famous house of prayer , where pious rules were taught for many a year ; where the knights templers lie with legs across , expecting what may never come to pass ; in a close cell , secure from storms of fate weesilion liv'd , in matrimonial state ; lucky , and learn'd , he bore no cross in life , unless mankind's domestick cross , a wife ; but in the lion's court was prosperous long , an awful bard , and reverenc'd was his song ; of stature tall , and of right weesil size , a grace to all his tribe , learn'd , pious , wise ; in favour with his prince above the rest , and had the knack of preaching with the best ; passive obedience own'd to legal power , and to defend it , true allegiance swore . it chanc'd the lion for oppressions laid on 's subjects , not long after was betray'd : sly foxes first the faction 'gan to spread , and then each free-born english brute made head ; tyrannick sway resolving to subdue , they turn'd him out , and strait set up a new . and now obedience in a second sphere , to their ador'd new monarch does appear ? conscience anatomiz'd in numbers was , for true belief , for quiet , and for place ; whilst others the new oaths would not receive , because the lion late depos'd did live ; and tho from pastoral office dispossest , thought perjury improper for a priest. amongst the learned ministerial crew weesilion was the first that thought this true , as suiting with the argumental lore , which to the world he often taught before ; and therefore as his tender conscience us'd still to direct him right , the oaths refus'd , as thinking he should else be much in fault , and contradict the doctrin he had taught : but his dear wife , whose heart was fond of gain , and known a weesil of another strain , whose worldly thoughts still rather did incline to temporal blessings than to grace divine , perceiving that her bacon did decrease , and that she miss'd her late supplies of cheese ; the pye-crust lost that feasted her before , and all upon his starving conscience score , resolv'd , as th' sex oft do to men most wise , to work upon his fond uxorious vice ; and thus as if she felt some mighty pang of sudden grief , began her first harangue . wife weesil . what signifies it , as our case now lies , that thou art thought of weesils the most wise , that through our large precinct art lov'd and fear'd . and my lord cat himself not more rever'd ; ( tho robes episcopal much reverence draw ) t' instruct and keep parochial mice in awe ? if conscience bounds the blessings of thy life , conscience may get thee fame , but starve thy wife : the malecontents may cry thee up for good , but i shall have the lesser store of food ; and the least vermin of the poorest race , whose husband swears , will make me give her place ; a thing that to our sex more trouble draws , than loss of life , religion , or the laws . hus weesil . take heed how solid judgment you disgrace , you must consider , dearest , on our case , what pains we take to tie our flocks to rules , and what hard shifts we make to bubble fools ; the wise begin to pry into our trade , and many see what blockheads they are made ; you must not then my cautious deeds revile , because our state is lessened for a while : for yet e're i recant , 't is fit i know whether the government will stand or no. wife weesil . your scruple in this case is plain and clear , the government well setled does appear , which by your own late tenets safe may bring your true allegiance unto any king. hus. weesil , opinions variously the wise endite ; ne're build too much , sweet-heart , on what i write ; thou art my own , and i may boldly say my pen can travel this and t'other way , and fallacies for truths to crowds make out , the ignorant are ever most devout . wife weesil . if profit be your aim , why won't you swear ? our wants are great , and you know winter's near . hus. weesil . tho my preferments i retrieve agen , my conscience tells me 't is a mighty sin . w. weesil . does not your conscience find the scripture saith , preserve thy self ? hus. weesil . sweet-heart , you must have faith. wife weesil . feed on your musty morals if you please , a little faith's good , with a little cheese . i love devotion well , as being your wife , but good white bread is still the staff of life . hus. weesil . can you then murmur ? wife weesil . 't is in vain to sit and think to feed upon your scraps of wit ; i must lay up against a rainy day ▪ and hoard a stock , lest you are snatch'd away ; as with your own diseases , and my draining you quickly may , for you 'r each day complaining ; and then perhaps at last you 'l have the grace to joynture me in your resistance case ; or else instead of treasure will bequeath some practical discourses about death ; but for a good support i may go seek , if puking conscience thus can make you squeak . hus. weesil . wouldst have a clergyman be such a wretch ▪ to have no conscience ! wife weesil . none that would not stretch ; to be cramp'd with it is a sordid fate , and a worse pain than wearing shoes too streight : conscience in all things should our comfort be , no wise man lets it starve his family . hus. weesil . yet job had patience . wife weesil . job was curs'd alone ; and tho he patience had , his wife had none ▪ the better part on 's family stood out , much more inclin'd to curse than be devout : and if i should my secret thoughts confess , i find my self a little in her case . how many savoury bits were mine before ? no weesil in the town i 'm sure had more : gammons and marrow-puddings my delight ; besides bribe-pyes when-ever you did write ; with visitants still throng'd , the hind , the hare , councellor fox , and my great lord the bear , but now no bruit of fashion e're comes here , unless a sullen male-contented crew , that having lost their tales , would have yours too . hus , weesil . 't is fit we should on providence depend , which in its own due time will succour send ; to that with modest patience let us fix . wife weesil . but the mean time i want my coach and six . the neighboring wives already slight me too , justle to the wall , and take the upper pew . hus. weesil . your heart , religion , to be humble , shews . wife weesil . a coach , a treat , a title , and fine cloathes , is all th' religion that a woman knows . therefore if my contentment you hold dear , redeem your loss , and if you love me , swear . hus. weesil . suppose i should , what would the subject say , that i thus long have seem'd to disobey ? wife weesil the subjects are a crew of little mice , rich drowsie moles , blunt rats , and bruits unwise ; you clergy top upon them all with ease , your name will quash a thousand when you please ; write 'em your reasons , pop some logick in 't , 't will get at least ten pound a sheet for print ? tell 'em your prudent part was then disarm'd , and that you 're ne're too wise to be inform'd . they 'le then agree you only were mistaken . hus. weesil . no , they 'l conclude i do 't to save my bacon . wife weesil . though that one reason is enough , by jove you 're safe , because 't is more than they can prove : why , is it strange you should past errors see ? to be infallible is popery . come , come , sweet-hart , you must resolve upon 't ; must i give place , is 't fit that i should want ? hus. weesil . consider if i should your wishes crown , what a strange noise 't would make about the town , how many galling censures must i bear ? wife weesil . what 's censure , to six hundred pounds a year ? hus. weesil . that 's true , but yet the headlong multitude ▪ seeing thee pass along may be so rude to point and laugh in scorn . wife weesil . i 'le take a chair , and shew my motion in an higher sphere , come , come , excuse is vain ▪ this oath must be , if you intend to live in peace with me . hus. weesil . how much unable was mankind decreed to contradict , when love and beauty plead ? strict conscience o're our souls has mighty power , but yet alas ! dear woman kind has more : i 'le do 't , and to excuse my error better , lay all the fault upon my human nature . wife weesil . not so , but use your sophistry agen , amuse the town with notions from your pen ; preach on , look gravely , that still credit draws ; if you own frailty , you give up the cause . at this weesilion with a close embrace seal'd his resolve upon her charming face ; and to oblige her , without more delay , resolv'd to swear allegiance the next day , which was perform'd , and round the lions court the news the beasts did variously report ; the bulls and horses shew their different sense , th' one spoke him perjur'd , t' other in 's defence : but on his spouse's side the cows and mares were resolute , as if the case was theirs ; who now ( preferments being all return'd ) no longer for her late misfortunes mourn'd ; but pleas'd and jocund flaunts it up and down , the happiest briskest weesil in the town . the end of the first section . the weesils . the argument of the second section . a weesil of his former flock , our convert's double-dealing shews , who patiently receives the shock , and lays the fault upon his spouse . sect . ii. and now weesilion was in prosperous state , and daily expectation to be great : his wife too , in her cock'd comode well drest , and richest silks , can rustle with the best ; when yet some weesils of a former herd , his neighbouring friends before he was prefer'd , perceiving that his doctrin different was , from what he taught 'em in another place , with daily grumblings vex , from time to time ▪ the wav'ring brute , for his apostate crime : all doubting much the safety of their souls , that had depended on his former scrowls ; 'mongst whom a weesil of a weightier brain than generally the party did retain , remembring what he late had heard him say , and now had seen him swear another way , a friendly visit made , to state the case , and find if he were utterly past grace . weesilion , tho he late had been much teiz'd , and was not with more disputants well pleas'd , yet with a chearful look invites him in , when thus the stranger does his tale begin . visitant w. what crack-brain'd whimsie have you lately done ? what can you mean by preaching pro & con ? strangely mistaking thus your reverend place , and bringing your whole function in disgrace : can you believe that you are grown so wise , to charm our senses , and blind all our eyes ; and that we are so stupid all of late , that none can see how you prevaricate ; and with slight sophistry and shallow rules top and impose upon us all like fools ; one while affirm , we may resist a king ; another , contradict the self same thing , disguising streight what now your sense unfolds , as if you plaid the jugler with our souls ; by which proceedings all we can remark , is , you design to leave us in the dark ; and to our judgments make those tenets vain in th' temple , which you taught in buttolph-lane ; else why this turn of humour ? hus. weesel . hear me speak , and then you will not think this turn a freak : 't is conscience which can never add to crimes , that makes our doctrins alter with the times ; th' unhappy land with blood might over-flow , if we should preach now as some years ago ; 't is our profession still to calm the vext . visitant ▪ w. and as the nation veers to turn your text. how e're unlike this your profession be , that 't is your topick now we plainly see ; you leave true sense and reason in the lurch , and yet pretend 't is to support the church ; that conscience prompts you to promote a peace ; you 'd better own self-interest in the case , and that you contradict your former rules , only because you took us all for fools . but who the devil , if this be your way , will ever value what you preach or pray ? for if your doctrin now in truth excels , by consequence the former must be false , and all the notions you did late avow , dash'd and exploded by your reasons now . how oft alas ! have i been one of those , on whom you long did formerly impose ? how oft have argued what you gravely taught , which you as gravely now prove good for nought ; altho' perhaps i 've laid my soul upon 't , eccho'd your stuff , and justified your cant ; and would have laid my wives and childrens too , on knotty points you ty'd , and now undo . hus. weesil . these angry things are fit for all to say , that are but little knowing in our way ; when once the flock can give the pastor rules , the ignorant are wise , th' instructors fools : we oft designs political must own , as well as pious rules , t' instruct the town ; your sense runs all upon soul-saving graces , ours is sometimes on titles ; and on places ; for if we must explain all things we do , we are not the instructors then , but you ; besides you err in your imagination , for tho my doctrins upon that occasion , with others are not rightly understood , they in one point agree , for all are good ; and you as wholsom rules might learn from thence , as the case stood , as from my reasons since . vis. w. there lies the fallacy with which you cheat , you never gave us your true reasons yet . you 'd have us think 't was conscience made you swear ; conscience , alas ! was the least motive there ; for conscience working when your cause was strong , no cause gave to defer the oath so long : another motive more your sense amuz'd , that ireland was in doubt to be reduc'd , the government not setled , and the scorn you 'd bear , if the late lion should return . conquest unsure made you refuse before , but when you found we were in hopes , you swore . hus. weesel let vulgar insolents think what they please , i best can tell what gave my conscience ease , i found one book that the case plain express'd . vis. weesil . faith , then let me advise , burn all the rest : if you have read thus long , and are taught now by one , what in this point you ought to do , leave off to study , and be rul'd by me , turn and begin again at abc . hus. weesil . should any think instruction out of season ? vis. wheesil . could any man of sense give such a reason ? especially where free-will is his own , no strict commands , nor impositions known ; the gracious lion lets our consciences lie close , or else dilated as we please ; when tho his power may remand a place , he never touches our spiritual case , but fairly lets us swear , or disobey ; stand out for conscience , or come in for pay. hus. weesil . altho he does not force , he may require . vis. weesil . ah , that 's a thing we find you all desire ; spite of devotion we can see an itch in sanctity , still longing to be rich ; and though the scripture has confirm'd it true , that no one can serve god and mammon too ; yet the long robe , in all their strictest zeal , i find by you the misers murrain feel ; gold on the craying bosom of a priest adorns his vrim and his thummim best ; and gold 't is thought by all your neighbours round inform'd your faith more than the book you found . hus. weesil . prithee no more , i 'm teez'd enough already . vis. weesil . your tribe should all be in opinion steddy . not turn and wind for title and for place , nor covet wealth , but in spiritual grace ; the gifts of mammon you should ne're implore , nor wish for gold , unless to give the poor ; it makes your trade contemptible appear , less follow'd too , and look'd into more near : for if all those that sell us paradice must have their shares of every human vice , they shall cant long enough e're i believe , or pin my soul's salvation on their sleeve . but come , to leave all fallacies and tricks , swear as if 't were upon a crucifix , declare , as you would merit to be bless'd , why you refus'd so long , why swore at last ; was not a female serpent in the case ? was 't not your wife ? hus. weesil . to say the truth , it was ; [ weeping . profit with argument my heart did win , fix'd my long wavering faith , and drew me in ; her flowing reasons mine in publick brought , vis. weesil . and to deal plainly with thee , so 't is thought ; her ebbing stores did this desire inflame , she wanted counters too to play at pam ; and toys and treats , and trappings for the head , these knacks set you a swearing . hus. weesil . yes indeed , the purest work of nature's artful hand winning my heart , did soon my sense command ; nor had i power to deny my eve , no more than he whom she did first deceive . vis. weesil . worst work of heaven's creation ! how much ill in every age is done by woman still ? born to destroy , by nature dress'd for sin , their soul 's their outward form , they 've none within : to be impos'd on by a female brain exalts your fault , and makes excuse more vain : to each proud dame you give example now , they 'd fain rebel , and you have shewn them how : they 'l always quote your reasons as sublime , and cuckoldom's entail'd upon your crime : courage , they cry , let 's make the men obey , mark how the d — r's wife has led the way . thus you not only disobedience draw from them , but set us up a salique law , but almost make us leave our souls in th' lurch , by bringing a just scandal on the church . hus. weesil . my reasons shall hereafter be more strong , scandal you know is ne're but seven days long ; tho pamphlets now the vulgar dare repeat , the tone will alter'd be when i am great ; and then i shall in a right posture be to do my friends some good , and some to thee . vis. weesil . if temporal good you mean , with all my heart , but i 'le ne're trust again your preaching art. pursue your work , gain the pontifick field , advance the mitre , and the crosier wield ; but may i be of all male rights disarm'd , if ever i come t' ye to be confirm'd . postscript . instead of a preface i only shall let you know , that i have a veneration for the church of england and monarchical government ; and only presume to give this little jerk to some , who , i am afraid , byas'd by interest , either wink at , or absolutely forget her admirable , tho plain principles . finis . concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : a, : ) concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, - . [ ], p. printed for edward thomas ..., london : . marginal notes. errata: p. . reproduction of original in university of michigan libraries and union theological seminary library, new york. eng oaths -- england -- early works to . great britain -- politics and government -- - . a r (wing p ). civilwar no concordia discors, or the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion concordia discors , or the dissonant harmony of sacred publique oathes , protestations , leagues , covenants , ingagements , lately taken by many time-serving saints , officers , without scruple of conscience ; making a very unpleasant consort in the ears of our most faithfull oath-performing , covenant-keeping god , and all loyal consciencious subjects ; sufficient to create a dolefull hell , and tormenting horror in the awakned consciences of all those , who have taken , and violated them too , successively , without any fear of god , men , devils , or hell . by william prynne esq a bencher of lincolns-inne . numb. . . if a man vow a vow unto the lord , or swear an oath to bind his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . gal. . . brethren i speak after the manner of men , though it be but a mans covenant , yet if it be confirmed , no man disannulleth or addeth thereunto . jer. . . because of swearing the land mourneth , the pleasant places of the wilderness are dryed up , their course is evil , and their force is not right . augustin de verbis apostoli sermo . falsa juratio exitiosa est , vera juratio periculosa est , nulla iuratio secura est . tantum mali habet juratio , ut qui lapides colunt timeant falsum jurare per lapides : tu non times deum praesentem , deum viventem , deum s●ientem , deum moven●em , deum in contemptores vindicantem ? vis ergò longè esse a perjurio ? jurare noli . chrys. hom. . in mat. . nisi juramentū interdicatur , non possunt amputari perjuria , nemo est enim qui frequenter jurat , & non aliquando perjuret . london , printed for edward thomas at the adam and eve in little britain , . the dissonant harmony or sacred publick oaths , protestations , leagues , covenants , engagements , lately taken , &c. many are the publick oaths , protestations , leagues , covenants , which all english subjects ( especially judges , justices , sheriffs , maiors , ministers , lawyers , graduates , members of the commons house , and all publick officers whatsoever ) by the laws and statutes of the land have formerly taken to their lawfull hereditary kings , a their heirs and successors , to bind their souls , consciences , to bear constant faith , allegiance , obedience , and dutifull subjection to them ; and to defend their persons , crowns , and just royal prerogatives , with their lives , members , fortunes , against all attempts , conspiracies , and innovations whatsoever . which being almost quite forgotten by those who have formerly taken , and as frequently violated them over and over , in the highest degree , if not abjured them by contrary late oaths and ingagements ; i shall present them in order to their own and others view , that they may conscienciously review , consider them afresh , and bewayle their perjurious atheistical violations of them , to prevent those temporal and eternal judgments , which otherwise may and will most certainly fall upon them , & our nation too for the same . . i shall begin with the antient oath of fealty , a which every person above . years old , and every tithingman was obliged to take publickly at the court leet within which he lived ; and was antiently taken afresh every year by all the subjects under edward the confessor , and william the first , in substance at least , though not in precise words . i a. b. do swear , that from this day forwards , i will be faithfull and loyal to our lord the king , and his heirs , and will bear * faith and allegiance to him of life and of member , and of terrene honour against all people which may live and die ; and that i shall neither know nor hear of any thing which may tend to their hurt or dammage , which i shall not withstand to my power . so god me help . . the second is the antient usual b oath of the maiors of london , and other cities and townes throughout england , and of bayliffs or other chief officers where there were no maiors . you shall swear , that you shall well and loyally serve the king in the office of maior in the city of london , and the same city shall keep surely and safely to the use of our lord the king of england , and of his heirs kings of england ; and that the profit of the king you shall advance in all things which belong to you to do ; and shall loyally preserve the rights of the king , and whatsoever belongeth to the crown in the said city ; and you shall not assent to the distresse , nor to the concealment of the rights , nor of the franchises of the king . and where you shall know the rights of the king of his crown , ( be it in lands , in rents , or in franchises , or in sutes ) to be concealed or substracted , you shall do your best endeavour to regain the same ; and that if you cannot do it , you shall tell it to the king , or to those of his counsel , of whom you are certain they will inform the king thereof : and that lawfully and rightfully you shall treat the people of your bailywick , and do right to every one , as well to strangers as to prives , as well to the poor as to the rich , in that which appertains to you to do : and that neither for honour , nor for riches , nor for gift , nor for promise , nor for favour , nor for hatred , you shall not do wrong to any one : that you shall disturb no mans right , nor shall you take any thing by which the king may suffer losse , or any right shall be disturbed ; and that in all things which appertain to the maior of the said city so to do , you shall well and lawfully demean your self . so god you help , &c. the like c oaths in substance were taken by all privy counsellors of state , sheriffs of counties , recorders of towns , escheators , constables , and other publick officers of justice , and by most freemen of corporations , in relation to the king and his heirs , and the rights of the crown . . the third is the d oath of all the judges , barons of the exchequer , and justices of the peace , prescribed by several acts , thus formed , ye shall swear , that well and lawfully ye shall serve our soveraign lord the king , and his people in the office of justice , and that lawfully ye shall counsell the king in his business , and that ye shall not counsel nor assent to any thing which may turn him to dammage or disherison by any manner , way or colour ; and that ye shall not know the dammage or disherison of him , whereof ye shall not do him to be warned by your self , or by other : and that ye shall do even law and execution of right to all his subjects rich and poor , without having regard to any person . and that you take not by your self or by other , privilie or apertly , gift or reward of gold or silver , nor of any other thing which may turn to your profit , unlesse it be meat or drink , and of small value , of any man that shall have any plea or process hanging before you , as long as the same process shall be so hanging , nor after the same cause . and that ye take no fee , as long as ye shall be justice , nor robes of any man great or small , but of the king himself . and that you give none advice or counsell to no man great or small in no case where the king is party . and in case that any , of what estate or condition they be , come before you in your sessions , with force and arms , or otherwise against the peace , or against the forme of the statute thereof made , to disturbe execution of the common-law or to menace the people , that they may not pursue the law , that ye do their bodies to be arrested and put in prison . and in case they be such , that ye may not arrest them , that ye certifie the king of their names , and of their misprision hastily , so that thereof he may ordain a co●●venable remedy . and that ye by your self , nor by other privily nor apertly , maintain any plea or quarrel hanging in the kings court , or elsewhere in the country . and that ye deny to no man common right by the kings letters , nor none other mans , nor for none other cause : and in case any letters come to you contrary to the law , that ye do nothing by such letters , but certifie the king thereof , and go forth to do the law , notwithstanding the same letters . and that ye shall do and procure the profit of the king , and of the crown , with all things where ye may reasonably do the same . and in case ye be from henceforth found in default in any of the points aforesaid , ye shall be at the kings will , of body , lands and goods , thereof to be done as shall please him , as god you help and all saints , anno e. . stat. . the next oath is that of supremacy , made and prescribed to be taken by all judges , justices , sheriffs , maiors , recorders , civil and ecclesiastical officers , barresters , benchers , graduates , ministers , attornies whatsoever ; and all members of the commons house , before they ought to fit or vote therein , by the statutes of eliz. cap. . eliz. cap. . car. cap. . i a. b. do utterly testifie and declare in my conscience , that the kings highness is the only supream governor of this realm , and of all other his highness dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal : and that no forein prince , person , prelate , state or potentate hath , or ought to have any jurisdiction , power , superiority , preheminence or authority , ecclesiastical or spiritual within this realm ; and therefore i do utterly renounce all forein jurisdictions , powers , superiorities , and authorities ; and do promise that from henceforth i shall bear faith and true allegiance to the kings highness , his heirs and lawfull successors , and to my power shall assist and defend , all iurisdictions , privileges , preheminences and authorities granted or belonging to the kings highness , his heirs and successors , or united and annexed to the imperial crown of this realm . so help me god , and by the contents of this book . . the th . ( oath of equal latitude and extent , as the former of supremacy ) is that of allegiance , prescribed by the statutes of jacobi , cap. . jac. c. . car. c. tending only to the declaration of such duty as every true and well-affected subject , not only by bond of allegiance , but also by the commandement of almighty god ought to bear to his majesty , his heirs and successors ; which oath such as are infected with popish superstition do oppugn with many false and unsound arguments , the just defence whereof , his majesty ( king james ) hath heretofore undertaken & worthily performed , to the great contentment , of all his loving subjects notwithstanding the gainsayings of all contentious adversaries . and to shew how greatly his loyal subjects did approve the said oath , they prostrated themselves at his majesties feet , beseeching his majesty that it might be enacted , that the same oath may be administred to all his subjects . the words whereof are these . i a. b. do truly and sincerely acknowledge , professe , testifie , and declare in my conscience before god and the world , that our soveraign lord king charles is lawfull and rightfull king of this realm , and of all other his majesties dominions and countries : and that the pope , neither of himself , nor by any of the church or see of rome , or by any other means with any other hath any power or authority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to authorize any forein prince to invade o● annoy him or his countries ; or to discharge any of his majesties , subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumult , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects , within his majesties dominions . also , i do swear from my heart , that notwithstanding any declaration or sentence of excommunication or deprivation made or granted by the pope , or his successors , or by any authority derived , or pretended to be derived from him , or his see , against the said king his heirs or successors , or any absolution of the said subjects from their obedience : i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise , and will do my best endeavour to disclose and make known unto his majesty , his heirs and successors , all treasons and traiterous conspiracies , which i shall know or hear of to be against him , or any of them . and i do further swear . that i do from my heart abhor , detest , and abjure , as impious and heretical , this damnable doctrine and position , that princes which be excommunicated by the pope , may be deposed or murthered by their subjects , or any other whatsoever . and i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation , or mental evasion , or secret reservation whatsoever . and i do make , this recognition and acknowledgement heartily , willingly , and truly , upon the true faith of a christian so help me god . . to these oaths i shall subjoyn the c protestation , made and taken ( in pursuance of these oaths ) by all the well-affected members of the lords , and commons house the last long parliament , and voluntarily taken by all the best affected people throughout the realm , and by all , or most officers and souldiers of the army ; by their authority . we the knights , citizens , and burgesses in the commons house of parliament , finding to the great grief of our hearts , that the designs of the priests and jesuites , and other adherents to the see of rome , have of late been * more boldly and frequently put in practise than formerly to the undermining , and danger of the ruine of the true reformed protestant religion in his majesties dominions established : and finding also that there have been , and having just cause to suspect that there still are , even during this sitting in parliament , * endeavours to subvert the fundamental laws of england and ireland , and to introduce the exercise of an arbitrary and tyranical government , by most pernicious and wicked counsels , practises , plots and conspiracies : and that the long intermission , and unhappy breach of parliaments , hath occasioned many illegal taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions ; jealousies raised and fomented betwixt the king and his people ; a popish army levyed in ireland , and two armies brought into the bowels of this kingdom , to the hazard of his majesties royal person , the * consumpsion of the revenues of the crown and treasure of this kingdom : and lastly , finding a great cause of jealousie , that endeavours have been , and are used to bring the english army into a mis-understanding of this parliament , thereby to * incline that army , with force to bring to passe those wicked counsels , have therefore thought good to joyn our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . i a. b do in the presence of almighty god , promise , vow , and protest , to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realm , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royal person , honour and estate ; as also the power and privilege of parliament ; the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour to bring to condigne punishment , all such as shall either by force , practise , counsels , plots , conspiracies , or otherwise , do any thing to the contrary in this present protestation contained . and further , that i shall in all just and honourable waies endeavour to preserve the vnion and peace between the three kingdoms of england , scotland , and ireland ; and neither for hope , fear , nor other respect , shall relinquish this promise , vow , & protestation . . the next in time , is the solemn league and covenant , taken in the most solemn manner with hands lifted up to heaven , and subscribed by all members of parliament , in england and scotland , by all civil , military officers , souldiers and well-affected persons in our three kingdoms , by f sundry special ordinances of parliament ; approving and ratifying the same . ¶ a solemn league and covenant for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms of england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commons of all sorts , in the kingdoms of england , scotland , and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour jesus christ , the honour and happiness of the kings majesty , and his posterity , and the true publique liberty , safety , and peace of the kingdoms , wherein every ones private condition is included ; and calling to minde the treacherous and bloudy plots , conspiracies , attempts , and practises of the enemies of god , against the true religion and professors thereof in all places , especially in these three kingdoms ever since the reformation of religion , and how much their rage , power , and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdom of ireland , the distressed estate of the church and kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publike testimonies : we have now at last , ( after other means of supplication , remonstrance , protestations and sufferings , ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdoms in former times , and the example of gods people in other nations ; after mature deliberation , resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself , with hands lifted up to the most high god , do swear . i. that we shall sincerely , really and constantly , through the grace of god , endeavour in our several places and callings , the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , according to the word of god , and the example of the best reformed churches ; and shall endeavour to bring the churches of god in the three kingdoms , to the nearest conjunction and uniformity in religion , confession of faith , form of church-government , directory for worship and catechising ; that we and our posterity after us , may as brethren , live in faith and love , and the lord may delight to dwell in the midst of us . ii. that we shall in like manner , without respect of persons , indeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellors and commissaries , deans , deans and chapters , archdeacons , and all other ecclesiastical officers depending on that hierarchy ) superstition , heresie , schisme , profaneness , and whatsoeuer shall be found to be contrary to sound doctrine , and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one , in the three kingdoms . iii. we shall with the same sincerity , reality , and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and privileges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms ; that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatness . iv. we shall also with all faithfullness endeavour the discoverie of all such as have been , or shall be incendiaries , malignants , or evil , instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdoms from another , making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike trial , and receive condigne punishment , as the degree of their offences shall require or deserve , or the supreme judicatories of both kingdoms respectively , or other , having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace between these kingdoms , denied in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest , indeavour that they may remain conjoyned in a firm peace and union to all posteritie ; and that justice may be done upon the willfull opposers thereof , in manner expressed in the precedent articles . vi . we shall also according to our places and callings in this common cause of religion , liberty and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof , and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terror , to be divided , and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concexneth the glory of god , the good of the kingdoms , and the honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever : and what we are not able our selves to suppress or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall doe as in the sight of god . and because these kingdoms are guilty of many sins and provocations against god , and his son jesus christ , as is too manifest by our present distresses and dangers , the fruits thereof ; we professe and declare before god and the world , our unfeined desire to be humbled for our own sins , and for the sins of these kingdoms , especially , that we have not as we ought , valued the inestimable benefit of the gospel , that we have not laboured for the purity and power thereof , that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions , so much abounding amongst us ; and our true and unfeigned purpose , desire , and indeauour for our selves , and all others under our power and charge , both in publique and private , in all duties we owe to god and man , to amend our lives , and each one to go before another in the example of a real reformation , that the lord may turn away his wrath and indignation , and establish these churches and kingdomes in truth and peace and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to bless our desires and proceedings with such success , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny , to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdom of jesus christ , and the peace and tranquility of christian kingdoms and commonwealths . subscribed by william lenthal speaker , sir henry vane junior , and most now sitting . yet notwithstanding all these most solemn , sacred , legal oaths , this protestation , solemn league and covenant , sweetly according with and ratifying each other , the remaining fragment of the commons house , sitting under the power of the army , not only violated them all in the highest degree , by their proceedings against the late king , his heirs and successors to the imperial crown , the royal posterity , kingship , kingdom , lords house , and their secluded fellow members , but also took upon them to suppress and set aside these oathes , yea to brand and stigmatize them , for vnlawfull oathes ; to absolve themselves , with all others from them ; and to set up an ingagement of their own framing , in diametrical opposition against all and every of them , imposed on all the three nations with strictest severity , by their new knack of . september . disabling all freemen of this nation to sue in any court of justice whatsoever , or to enjoy any civil , ecclesiastical or military office , benefice , augmentation , trust , or degree of learning in the vniversities or innes of court , and debarring all lawyers , attornies from their practice , by a new kinde of praemunire , who should not take and subscribe this engagement : which the whole house of commons ( having not the least legal power to g administer any usual oath to witnesses , or any person whatsoever in any case or age , ) had neither authority nor power to impose upon the nation , were it consonant to the precedent oaths , protestation , covenant much less then the vnparliamentary conventicle , sitting after the kings beheading , the lords and majority of the commons forcible seclusion , and the h parliaments actual dissolution thereby ; when diametrically repugnant to all these legal oaths , and to the petition of right it self , caroli , complaining , providing against the future administring of any oath not warrantable by the laws and statutes of this realm , in precise terms ; and whether this engagement , be not such , let all lawyers , divines , and consciencious englishmen resolve . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established , without a king or house of lords ▪ all the officers , souldiers of the army , and garrisons through england and ireland , were the first men who subscribed it , and returned their subscriptions in parchment-rolls to their journey-men and creatures at westminster ; who thereupon thought themselves and their government , ( though founded upon bloud , treachery , perjury , ) as lasting and perpetual , as if it had been founded on a rock , and the sincerest principles of piety , justice , righteousness , and general publick national consent . but those very first engagers to them , when they had done their drudgery , and oppressed the nation with doubled and trebled taxes to support their bloody wars by land and sea against their protestant king , and brethren of scotland & the netherlands , on the th . of april . i sodenly turned them out of doors , and power , with force and highest contempt , as persons wholy perverting the ends of parliament , oppressing the people , making gain the main of their business , and utterly impossible in that corrupt estate , in the judgements of the most moderate men to come the instruments of our long desired establishment . and then setting up a protector over their infant common-wealth much against their wills , the mock-parliament under him ( whiles above members duly elected , most confided in by the country were forcibly secluded ) by their additional petition and addresse , the th . of june . imposed this new oath on all counsellors of state , and members of parliament . i a. b. do in the presence of god almighty promise and swear , that to the uttermost of my power i will uphold and maintain the true reformed protestant religion , in the purity thereof , as it is contained in the holy scriptures of the old and new testament , and encourage the profession and professors of the same . and that i will be true and faithfull to his highnesse the lord protector of the commonwealth of england , scotland , and ireland , and the dominions thereunto belonging as chief magistrate thereof . and shall not contrive , design or attempt any thing against the person or lawfull authority of the lord protector ; shall keep secret all matters that shall be treated of in counsel , and put under secrecy , and not reveal them but by command , or consent of his highnesse , the parliament , or the counsel ; and shall in all things faithfully perform the trust committed to me , as a counsellour , according to the best of my understanding , in order to the good government , peace and wellfare of these natiions . and shall endeavour as much as in me lyes , as a member of parliament , the preservation of the rights and liberties of the people . these oaths were sworn ( by many of those , who had taken the premised oaths , protestation , solemn league and covenant , and the engagement too , ) both to their protector oliver and his son richard , with whom the army-officers , souldiers , and sundry others in the name of most counties and corporations of england , scotland , and ireland , in their special addresses to richard , faithfully promised to live and die : yet lo within few months after , notwithstanding these oaths and addresses , by a miraculous divine providence ( admirable in all considerate mens eyes ) they not only all deserted , but degraded him from his protectorship , without one stroke , or drop of blood spilt , or sword drawn in his quarrel ; after so much christian bloud shed , so many millions of treasure spent , and many years travel , care , by his father oliver , to establish his posterity in this new-erected supremacy , protectorship ; and that by his own army-officers , and nearest , most endeared relations , even in a moment , beyond all probability or possibility in humane apprehension . to accomplish this strange unexpected work , the army-officers called in the old vnparliamentary iuncto sitting since the year . till april . . whom they formerly dissolved and unparliamented , secluding all the rest of the old parliament sitting till december . . . by force and armed guards , with the whole house of lords , re-creating them alone for a parliament : who usurping to themselves the name and power of a parliament . against both law . equity , reason ; dismounted his son richard from his protectorship , unlorded , degraded his new other house of mushrom lords , and new dubbed knights , cashiered some of the army-colonells , and other officers , who helped to make them a parliament , & him a protector ; and may gratifie the rest in this kinde ; commissioned some , whom oliver cashiered ; turned most of his council , commissioners , judges , creatures out of their offices ; and pulled down most of that he set up with force and blood . who now thinking themselves secure , and forgetting all their former , with these late sodain revolutions , changes , as the just rewards of perfidious breaches of oaths ; protestations , covenants to their lawfull soveraigns , they hav now afresh to make us a freestate , not only doubled our former taxes in effect , and more than trebled them by a most arbitrary new militia on many , but also by a new bill , appointed an oath to be taken by their iudges , iustices of the peace , and other officers , in form following . you shall swear , that you shall be true , faithfull and constant to this commonwealth , without a single person , kingship , or house of lords . which ‖ illegal oath , so diametrically contrary to the former , it swallowed by their unarmed judges , justices , and other civil officers out of fear , will in time be imposed on the army officers , soldiers , and all others , as their former ingagement was , with as severe penalties . having presented you with these contradictory , repugnant , irreconcileable oathes , protestations , covenants and engagements , i shall propose some few cases of conscience upon them , in this age , when conscience is so much pretended , and liberty of conscience so much pressed , that tendernes of conscience , and conscience it self , are hardly to be found in the greatest pretenders to them . . whether all lawfull sacred oaths , vowes , covenants , protestations . doe not i firmly , immutably , inviolably bind the souls , consciences , of all that take them , to an absolute , indispensible , sincere , faithful performance , and strict observation of them , to the uttermost of their power in all estates and conditions , as is evident by numb. . . to . josh . , . gal. . . deut. . , . judg. . . . job . ps. . . ps. . ps. . . ps. . . ps. , . ps. . , , &c. eccles. . . jer. . . jonah . isay . . nah. . . gen. . , , . c. . . to . . to . c . . c. . . c. . , . levit. . . josh. . . . . judg. . , . deut. . . josh. . , . kings . . . , . chron. . . ezra . . neh. . . jer. . . c . . mat. . . kings . , , . chron. . , , . compared with hebr . , , . an oath for confirmation is to men an end of all strife : wherfore god willing more abundantly to shew unto the heirs of promise the immutability of his counsel , confirmed it with an oath , that by two immutable things ( his oath and covenant ) in which it is impossible for god to lie , we might have strong consolation . ps. . . . i have made a covenant with my chosen , i have sworn unto david my servant . my covenant will i not break , nor alter the thing that is gone out of my lipps . once have i sworn by my holiness that i will not lie unto david , ps. . . the lord hath sworn in truth unto david , he will not turn from it . jer. . . . thus saith the lord , if you can break my covenant of the day , and my covenant of the night , and that there should not be day and night in their season . then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne . if gods oaths and covenants to mortal sinful men be thus true , constants , sincere , firme , unalterable , immutable ; then by like reason should mens oaths and covenants to god and their lawfull kings be such , as psal. . . eccles. . . gal. . . levit. . . to . and the other forecited texts resolve . ly . whether the late violation through fear , or self-respects , much more the wilfull justification , perjurious repeal , abrogation , abjuration of our sacred lawful oaths , protestation , covenant , be not a k most detestable , crying , scandalous , damning sin , exceedingly dishonorable to god , injurious to religion ; & drawing down sad , private , personal and national judgements , on those who are notoriously guilty thereof , as is most apparent by ezech. . . c. . . to . zech. . . c. . , . hos. . . lev. . , . c. . . prov. . , . jer. . . c. . . to . c. . . to . c. . , . deut. . . c. . . to . ps. . . . . to . chron. . . josh. . . sam. . . to . jer. . . rom. . , . tim. . . worthy sad and serious perusal . and whether those who are deeply guilty of these sins , can ever expect to enter into heaven , since this is made the special character of a citizen of zion , who shall dwell in gods holy hill , psal. . , , . he that walketh uprightly and worketh righteousness , and speaketh the truth from his heart , he that sweareth to his own hurt and changeth not , much more then when for his own and the publick good . ly . whether those who have made , taken , and equally violated all or most of these contradictory oathes , protestations , covenants , ingagements alike , be not perjured persons , and covenant-breakers in folio , void of all real fear of god , truth , faith , conscience , honesty , religion , if the premised scriptures , or eccles. . acts . , , . may be credited ? and whether those who have been thus perfidious , perjurious , fidef●agus , treacherous to all others , can in point of justice , conscience , prudence , policy , impose an oath upon all or any others , to be true , faithfull and constant , in their oaths covenants , trusts and obedience unto them ? ( especially before themselves have taken any such oath , to be true , faithfull , constant to their own principles , or any fixed setled government : ) since they have taught them to be treacherous , perfidious , disloyal , by their own precedent examples ; and god himself hath denounced this wo , and retaliation against such , isay . . wo unto thee that dealest treacherously , and they dealt not treacherously with thee ; when thou shalt make an end to deal treacherously , they shall deal treacherously with thee . which we have seen verified of late in sundry particulars even to admiration , by divine retaliation , to deterr all henceforth from the dangerous sin of perjury , treachery , oath and covenant breaking . ly . whether it be not a most impious , unchristian , execrable , if not atheistical practice , for any persons whatsoever ( especially without any colour of parliamentary authority ) to impose any oath , vow , or illegal ingagement upon others , diametrically repugnant to , inconsistent with their former legal oaths , protestations , covenants , imposed on them by unquestionable parliamentary authority , to their lawfull soveraigns , to ensnare , wound their consciences , and involve them in the guilt of unevitable , most apparent * perjury , and breach of all their former oaths , protestations , covenants ? and whether such incur not that wo in isay , , , . wo unto them that decree unrighteous decrees , and that write grievousnesse , which they have prescribed , to turn aside the needy from judgement , to take away the right from the poor , ( exiled royal issue ) and that they may rob the fatherless ; and what will ye do in the day of visitation , and in the desolation which shall come from far ? to whom will ye flee for help , and where will ye leave your glory ? if ahabs and jesabels suborning of false witnesses against naboath to gain his vineyard , who attested , that naboath did blaspheme god and the king , brought such a heavy doom upon their persons and royal posterity , to their utter extirpation . kings . , & . how much sorer judgements shall they incur , who shall endeavour to make our whole . kingdoms perjured in the highest degree , by ingaging them to renounce , blaspheme both god and the king , & abjure their former oaths , covenants , protestations , of purpose to disinherit the royal posterity of their crowns and royalties , which they have so precisely sworn , protested , covenanted over and over , inviolably to defend and preserve ? ly . whether it can be just , equitable , prudential , rational , for any in present power , to commission , intrust , imploy anabaptists , quakers , with other military officers , souldiers by land and sea , without prescribing any military oath unto them , ( after so many meetings , and violations of their trusts to the late king , parliament , and other new governours , governments of their own erecting , to their total subversion ) to be true , faithfull , obedient , and constant to them ; contrary to the discipline of all former ages amongst the romanes , graecians , and most other nations , who alwaies * imposed a military oath on all their army-officers , souldiers , ( warranted by tim. , , ) and in the mean time , to inforce such a oath upon all their judges , justices , and civil officers , against their judgements , consciences , who are orthodox in religion , approve of lawfull oaths , ( imposed by legal authority of parliament ) magistracy , and ministry , which anabaptists , quakers , and other sectaries professedly oppugn , and now violently endeavour to suppresse ? and whether those now sitting , or any others who have taken the forecited oaths to the late king and his heirs , or the protestation , league , and covenant , can without apparent perjury , and direct violations of them , repute those few reliques of the old parliament , now sitting ( forcibly secluding the lords and majority of their fellow members ) to be a lawfull parliament within the statute of car. c. ? or submit to any oaths , taxes , edicts of theirs as parliamentarie or legal ? . whether the forecited oaths of supremacy , allegigiance , maiors , sherisss , judges , recorders , bayliffs , parliament-members , and others , in direct words , extending not only to the late kings person , but his heirs and successors , do not inviolably bind both them , their posterities and our whole three nations , kingdoms in perpetuity , in point of law and conscience , so long as there is any heir of the crown and royal line in being ? and that upon these unanswerable scriptural presidents and legal considerations . . because gods oath and covenant made to eve , abraham , noah , their seed and posterity , and to the israelites and their children , and their covenant made to god , by gods own resolution , did oblige god himself and them in perpetuity from generation to generation , gen. . . c. . , . c. . , to . c. . . c. . . c. . , to . c. . . c. . . c. . , , . exod. . . c. . . levit. . , . numb. . . c. . . c. . , . deut. . . c. . . . c. . , . c. . , , . c. . . c. . . c. . . c. . . , to . c. . , . c. . . c. . . josh. . , . c. . , to . chron. . , . neh. . . c. . , . ps. . . isay . . c. . . c. . . c. . , . c. . . mal. . , to . c. . . acts . . c. . . c. . , . c. . . rom. . , . c. . , . c. . , , . gal. . . to the end . heb. . , to . c. . . c. . . lu. . , . rev. . . levit. . , , , , . kings . , to . psal. . , . ps. . . . ps. . . , , , . ps. . . . ps. . , . ps. . , . isay . . c , . . c. . . c. . . jer. . to . c. . . c. . . , . c. . . to . c. . . . c. . . ezech. . . . c. . , . c. . . hos. . . heb. . . . therefore mens oaths , covenants to kings and their posterity , must likewise bind in succession and perpetuity . ly . because gods oath and covenant made to david , and to his house , royal seed and posterity , touching their succession in the royal throne of iudah , was hereditary , successive , extending to all his issue and posterity : and though many of them were wicked , rebellious , yet this did not cause or provoke god to dethrone , or disinherit them , or infringe his oath and covenant to david , sam. . . to the end . c. . . kings . . psal. . , , , to . ps. . , , . ps. . . jer. . , , , . chron. . , to . jer. . , , , . kings . . , , . kings . . chron. . , , . chron. . , &c. jer. . . zezh . . . john . , . lu. . , . therefore much more where oaths , covenants are made by subjects to their hereditary kings and their posterity , they must remain inviolable , and not be abrogated by their transgressions . ly . because the oath , which joseph took of his brethren , the children of israel , to carry up his bones , out of aegypt into canaan , when god should bring them out of aegypt , gen. . , . though not made precisely for them and their posterity , was reputed by moses and them , to be obligatorie to their seed , as if made by them , even in point of conscience : as is evident by exod. . . and moses took the bones of ioseph with him , ( though driven out of egypt by pharoah ) for he had straitly sworn to the children of israel , saying , god will surely visit you , and you shall carry up my bones hence with you . which bones of his they ( by vertue of this oath ) notwithstanding pharoahs pursuit after them , carryed along with them through the red sea , and through the wildernesse forty years , and through the land of canaan , till they had quite conquered it , notwithstanding all their wars , iosh. . . near years after this oath first made . if then moses , ioshua , and all the israelites held themselves thus conscienciously obliged by the oath of their deceased ancestors above four hundred years before , to carry up iosephs dead bones out of aegypt , notwithstanding all objections of hast and danger from pharoah and his host , their forty years wandring in the wildernesse , their wars in canaan ; and meanesse of the matter in relation to their publick safety , no wayes concerned in it . then much more must our ancestors , and our own particular reiterated oaths in precise terms to our kings , their heirs and successors , which so much concern our publick government , peace , settlement , safety , prosperity , engage our whole kingdom and three nations to a consciencious observation of them to the uttermost of their power . ly . because davids oath to saul and jonathan extended to their seed , sam. . , . swear now therefore unto me by the lord , that thou wilt not cut off my seed after me , and that thou wilt not destroy my name out of my fathers house : and david swore unto saul : sam. . , to , . and jonathan said to david , thou shalt not only while i yet live shew me the kindnesse of the lord , that i die not , but also , thou shalt not cut off thy kindnesse from my house for ever , no not when the lord hath cut off the enemies of david , every one from the face of the earth . so jonathan made a covenant with the house of david ; and jonathan caused david to swear again , because he loved him . and ionathan said to david , go in peace , for as much as we have sworn both of us in the name of the lord , saying , the lord be beeween thee and me , and between thy seed and my seed for ever . how conscienciously david observed these oaths after the deaths of saul and ionathan , is apparent , not only by his love , favor , and affection to mephibosheth for jonathans sake , whom he restored to all that was saule , & made him eat continually at his table . sam. . . &c. and by his slaying of baanah and rechab for murdering ishbosheth , sauls son , his competitor , when they brought his head unto him , expecting a great reward , sam. . but more especially by his sparing mephibosheth , the son of jonathan , the son of saul , because of the lords oath that was between them , between david and jonathan , ( extending to their seed and posteritie ) when the gibeonites demanded . of the sons of saul to be delivered up to them , sam. . , , . . because esther . , , . the * iews ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not fail , that they would keep these two dayes of purim , according to their writing , and according to their appointed time every year ( as those in the parliament of jac. c. . and their posteritie have observed the of november annually ever since . ) and that those dayes should be remembred and kept throughout every generation , every family , every province , and every city : and that those dayes of purim should not fail from among the iews , nor the memorial of them perish from their séed : which they decreed for themselves and for their seed . if the whole nation of the jewes by an ordinance and decree , might thus binde their seed , posterity , to observe the daies of purim for ever : with like reason they might by an oath & covenant oblige themselves and their posterities for ever to their hereditarie kings , their heirs and posterities for ever : and so may we and all other nations , by the like acts , decrees , and the forecited oathes , as is clearly resolved , declared , enacted by the statutes of h. . c. . h. . c. ● . h. . c. . h. . c. . eliz. c. . . eliz. c. . jac. c. . jac. c . jac. c. . ly . because the president of the rechabites , ( who upon the command of their father ionadab the son of rechab , that neither they nor their sons for ever should drinke wine , nor build house , nor sow seed , nor plant , nor have any vineyard , but dwell in tents all their dayes ; held themselves bound in duty , conscience to obey it , which god himself commends , records . rewards , for others imitation , jer. . . to . who might in like sort oblige them by his oath and covenant ; ) is a convincing gument that as the * warranties , covenants , bends , contracts , feofments , grants , reservations of rents , services , tenures in see , by the laws of england , and other nations , firmly oblige mens heirs , posterity , assignees , executors , administrators , on both sides in succession and perpetuity ; so likewise their oaths , covenants , protestations , to their here litarie kings , their heirs and successors , oblige them equally to them in perpetuity and succession . ly . because it is most evident by gen. . , . c. . exodus . . c. . . c. . . kings . . kings . . jer. . c. . . that parents by their iniquities and transgressions may draw down and entayl the curses , the judgements of god on them , and their posterityes after them to their prejudice : therefore they may much more oblige them by their oaths , covenants , to obedience , loyalty , subjection to their hereditary kings and their heirs , for their own particular , and the m publick good , safety , as well as freehold and copyhold tenents in honors , manors , may oblige themselves , their heirs and successors for ever , by homage , fealty , tenures , contracts to their landlords , their heirs and assignees for ever , by the common , statute-laws , of our own and other realms , though they be no soveraign lords and kings over them . ly . because the saints and churches of god in all ages have held themselves and their posterity bound in duty and conscience to pray to god for the life , safety , prosperity of their kings , and their sons and royal posterity , in all hereditary kingdoms , as is apparent by ezra . . , . psal. ▪ , , . sam. . . sam. . . kings . . , . kings . . chron. . . psal. . . ezech. . . dan. . . c. . . c. . . . mat. . . . john . , . tim. . , , . by all the antient , modern liturgyes , collects , letanyes , canons of the churches of england , scotland , ireland , france , spain , and other hereditary kingdoms ; the testimony of sundry fathers , councils , historians , and our own clause rolls in the tower , n elsewhere quoted . therefore they may lawfullie oblige themselves and their posterity , by solemn oaths , covenants , protestations to obey , protect and defend their , and their posterities royal persons , crowns and royalties . ly . to put this out of further question , i shall only prest one scripture president and testimonie more , wherewith i shall conclude this point , and that is the historie of the gibeonites , recorded josh. . & . and sam. . . to . the gibeonites ( a remnant of the amorites , with whom the israelites by gods express command were to make no peace nor covenant , nor shew any mercy to , but smite with the edge of the sword and utterly destroy , deut. . , , . c. . , , . ) circumventing joshua and the elders of israel by a stratagem , of old bottles , shooes , bread , clothes , and a lying information , that they came from a farr country to make peace and a league with them . by reason of the glorious victories god had given , and the miracles he had wrought for them ; thereupon , without asking any advice of god or the congregation , or examining the truth of their information , joshua and the elders of the congregation entred into a league with them , to let them live , and sware unto them in the name of the lord . within three dayes after they heard they were their neighbours and dwelt amongst them , and they came unto their cities the third day . * but the children of israel smote them not , because the princes of the congregation had sworn unto them by the lord god of israel . hereupon all the congregation murmured against the princes . but all the princes said unto the congregation : we have sworn unto them by the lord god of israel , therefore we may not touch them . this we will do unto them , we will let them live lest wrath be upon us , because of the oath that we sware unto them and the princes said unto them , let them live as the princes had promised them , but let them be hewers of wood and drawers of water to all the congregation . and joshua called for them , and spake unto them saying ; wherefore have ye beguiled us , saying , we are very far from you , when you dwell among us ? now therefore ye are cursed , and there shall none of you be freed from being bondmen , and bewers of wood and drawers of water for the house of my god . and they answered joshua and said ; because it was certainly told thy servants , how the lord thy god commanded his servant moses to give you all the land , and to destroy all the inhabitants of the land before you ; therefore we were fore afraid of our lives because of you , and have done this thing . and now behold we are in thine hand , as it seemeth good and right unto thee to do unto us , do . and so did he unto them , and delivered them out of the hand of the children of israel , that they slew them not . and joshua made them that day hewers of wood , and drawers of water for the congregation , and for the altar of the lord even to this day , in the place which he should chuse . after this oath and league the princes and congregation were so farr from slaying or suffering them to be slain by their enemies contrarie hereunto , that when as . kings soon after came up with all ●h●ir hosts and encamped against gibeah , to destroy is because they had made peace with israel ; the giheonite sending this message to joshus & the camp at gilgal ; slack not thy hand from thy servants , to come up to us quickly & save us , for all the kings of the amorites that dwell in the mountains are gathered against us ; thereupon ioshua and all the men of warr with him went up from gilgal all night , and came upon their enemies sodenly , and smote , & destroyed them with a great slaughter , delivering them from that danger . about years after this solem oath & league , king saul out of his zeal to the children of israel and iudah , sought to destroy all , and slew some of those gibeonites posterity , contrary to this oath and league , for which ( * years after its violation , and years after its first making ) god sent a famine in the land for three years , year after year : upon this david inquiring of the lord , what was the true cause thereof ? the lord answered him , it was for saul , and for his bloudy house , because they slew the gibeonites , who were not of the israelites , but of the remnant of the amorites , and the children of israel had sworn unto them . whereupon david called the gibeonites , and said unto them : what shall i doe for you , and wherewith shall i make the attonement , that ye may blesse the inheritance of the lord ? and they said unto the king , the man that consumed us , and devised against us that we should be destroyed from remaining in any of the coasts of israel , let seven of his sons be delivered unto us , and we will hang them up in gibeah of saul which the lord did chuse ; which being accordingly done , after that god was intreated for the land , and removed the famine , sam. . . to . here we have an oath and covenant binding the israelites , their governours . heirs and posterity in perpetuitie to the gibeonites and their posteritie ; which i shall parallel with our forementioned oaths , protestation , covenant to our hereditarie kings , their heirs and successors , to prove them more obliging to us and our posterities , than this oath & league of the israelites to the gibeonites , in regard of these observable circumstances & particulars , not hitherto insisted on by any ; which i beseech god in mercie to set home effectually upon all our hearts , spirits , consciences , both for our information , reformation , settlement , and avoiding gods avenging justice on us and our posterities , for our transcendent perjuries , breach of oathes and covenants to our soveraigns . . this oath and covenant with the gibeonites embassadors , was procured by meer fraud , circumvention , misinformation , and apparent falshood , arising meerly from those to whom it was made and sworn : yet it obliged the israelites and their posteritie , to the gibeonites and their progenie in perpetuitie : but the forementioned oathes , together with the protestation , and solemn league and covenant , were made without any fraud , circumvention , misinformation , or false suggestion , upon grounds of loyaltie , dutie , justice , prudence , christianitie , religion , and state-policie , voluntarily propounded by the makers , takers of them , and ratified in full parliaments : therefore they must needs be farre more valid , obligatory to the whole english nation and their posterities , than this oath , covenant to the gibeonites . . this league and oath was made very sodenly , rashly , unadvisedly , without any advice with god and the whole congregation , or examining , debating the truth of the gibeonites suggestion ; yet it bound them when once made : but our oathes , protestation , league , covenant , were all made enacted , enjoyned upon long and serious debate , mature deliberation in several successive parliaments : therefore ours must be much more obliging than theirs . ly . this league , oath , was made only by the princes of israel , without the congregations privitie , assent or advice , who were discontented with and murmured against them for it , yet it obliged both the princes , people , and their posterities : but our oathes , protestation , league and covenant , were made not only by all our princes , nobles , peers , but likewise by the whole house of commons in full parliaments , and assented to by the whole english nation both in and out of parliament , the * commons being the original movers , promoters , contrivers of all or most of them : therefore they must be much more obligatorie to us and our po●eri●ies , than theirs . ly . their league , oath , was never ratified by any publique law or decree of the whole congregation and people of israel in any publike convention , but only by ioshua and the princes alone ; yet they bound the whole nation : ours have been approved , ratified , established , perpetuated by sundry successive acts , ordinances , votes of parliament from time to time , continuing still in their full legal force : therefore much more valid and binding to us and our posterities , than theirs . ly . that oath , league , was taken , sworn only by the princes themselves , not by the congregation and people of israel , yet they were all obliged by them . our oaths , protestation , league , covenant , have been sworn , taken not only by all our princes , nobles , officers of state , iustices , but likewise by all or most of the commons , & people of the land from time to time , both in and out of parliament : therefore much more obliging to us and ours , than theirs . ly . this oath , league of theirs to the gibeonites , was never taken and entred into for ought appears , but once , and that sodeinly , without any subsequent renovation or ratification ; but our oathes , protestation , league , covenant , have been swore , taken again and again , by all members of parliament , officers of state , iustices , graduates , lawyers , ministers , most souldiers , and others ; upon sundry emergent occasions , both in and out of parliament : therefore much more obligatory to us and our posterities , then theirs . ly . this oath , league , for ought wee read , was not made explicitly in precise terms with the gibeonites , their heirs and posteritie for ever , but only indefinitely , with the gibeonites then in being , whose lives they spared , as the words import ; yet because they were a people , state , citie , body politick , having a permanent succession ; it virtually and intentionally in their own and gods account too , extended not only to the gibeonites then living , but to their succeeding issues in sauls time , near years after , and all succeeding generations ( as q perpetual national leagues use to do , ) but our oaths , league , covenant in direct terms extend not only to our kings to whom they were first made and sworn , but likewise to their heirs , successors , and royal posterity for ever , ( see jac. c. . . jac. c. . jac. c. . eliz. c. . . ) therefore they must needs be more binding to us , our heirs and posterities in present and succeeding generations , than their to the gibeonites . ly . their league , oath , was only with foreign pagans , strangers , who became their mere slaves and bondmen in perpetuitie , and had not the least power , jurisdiction over them ; yet it bound them to strict observation . ours are made , sworn to our own christian , natural kings , princes , soveraigns , of our own flesh , bloud , nation , to whom we are natural borne subjects , and owe all dutifull allegiance by the laws of god , nature , nations ; therefore much more obliging to and most religiously to be kept by us and our posterities after us , than theirs . ly . ( which is most considerable ) this their oath , league , was made with such an idolatrous remnant of the ammonites , as god himself by express precepts had commanded the israelites to make no league , nor covenant with , upon any terms , but utterly to destroy with the edge of the sword without mercie , without saving any of them alive , exod. . . c. . . . deutr. . , , , &c. c. . , , . psal. . . . ) yet notwithstanding having once entred into a league with , and sworn to them in the name of the lord , that they should live , ( though by their own fraud , circumvention , and misinformation ) god was so jealous of his own name , honour , glory , so unwilling that his own people should perjuriously , treacherously , perfidiously break their oathe , covenant sworn in his name , r being the highest , the most sacred inviolable obligations , securities that can be betweene god and men , man and man , nation and nation ; that he would rather have his positive judicial law , ( which ſ some conceive to have a tacit condition in it ) violated and dispensed within this case , ( it being not simplie evil in its own nature to spare the gibeonites upon their submission , but onlie a prohibited evil by particular precepts ) than his name prophaned , dishonoured , religious oaths wittinglie infringed , and perjurie committed by his own people , against his moral law , precept , being sinful , scandalous in their own nature , and of dangerous consequence to all posteritie , if admitted , approved , to encourage them to commit perjurie , and violate all lawfull oaths , covenants , in succeeding ages , to the scandal of religion , and prejudice of mankind . wherefore this oath , league , though against these judicial precepts , not only , firmly bound the princes who made them , and all the congregation in that age , but king saul himself , and all the israelites in succession four hundred years after . of which we have another president of joshuaes and the israelites care to perform their spies oaths made to rahab , and sworn unto her by the lord , to save her , her parents , kindred , and family alive ( though canaanites devoted by god to destruction ) iosh. . , to . compared with c. . , , . heb. . . but our oaths , protestation , league , covenant were all made not to , or with amorites or canaanites particularly deuoted by god to the sword , slaughter , and utter extirpation without any truce or league of peace ; but to and with our own hereditary lawfull christian kings , their heirs , posterities , and successors , whose persons , lives , crowns , rights , and royal authoritie we are all expresly obliged , commanded by god himself , to defend , protect with our own lives , fortunes , estates to the uttermost of our powers , against all attempts , treasons , conspiracies , traytors , and invasions whatsoever . yea precisely prohibited to offer the least violence , injury to their persons , lives , and regal authority , in thought , word , or deed , prov. . , . eccles. . c. . . sam. . , to . c. . , to . sam. . , &c. c. . , , sam. c estch . . . . . c. . rom . , . . pet. . , . tit. . tim . . . john . therefore our oaths , league , covenant , are much more obliging , and conscienciouslie to be observed by us , and our posterities for ever , than theirs to the gibeonites , as the only ready way to our peace and settlement . ly . this league of theirs to the gibeonites was ratified only with one single oath , yet it bound both them and their posterity ; but ours to our kings , their heirs and successors , is ratified with seven successive oaths , protestations , covenants , here recited , besides sundry others of like nature taken by our ancestors in former ages , which i pretermit . therefore much more strong , indissoluble , obliging to us and our posterities than theirs . if a threefold cord be not easily broken , eccles. . . much more then a sevenfold oath successively renued , should not easily or quicklie be broken , but remain inviolable to all posteritie . . the violation of this oath league to the gibeonites by saul , and the israelites near years after its first making , when perchance quite forgotten by them , or conceived to be unbinding to them as gotten by surprise , as not made or taken by themselves , personal to the gibeonites and israelites then living when first made , or at least expired and grown quite out of date by so long a tract of time ; was reputed by god himself a great sinne , perjury in them , and exemplarie punished by god with three years famine on the whole land , though saul and the israelites then living never took this oath , nor made that league themselves , but onlie their ancestors , so long time before their births . therefore our violations of the forecited oaths , protestation , league , covenant , so freshlie made , taken , sworn , subscribed with hands lifted up to heaven , successivelie one after another , by whole parliaments , the generalitie of our nation ; and not onlie by our deceased ancestors , but by our selves in person , and so oft reiterated , yet infringed by us time after time in the highest degree , most needs be a more detestable damnable perjurie , crime , in the eyes of god than theirs , and draw a more long-lasting famine , and other sorer judgements of god upon our particular persons , * families , nation , than that breach of their oath and league with the gibeonites , brought down on them . ly . that oath , league , continued in force to bind the israelites , both to observation and punishment , when violated by king saul and them , after the whole frame of their government was quite changed from a principality or common-wealth ( as most of our present grandees would have it ) into a kingship and kingdom , by the earnest unanimous desire , consent of all the elders of israel , the generality of the people , and by gods own approbation , as is evident by the sam. c. , to c. . josh. . sam. . compared together . therefore our oath , protestation , league , covanant forecited , must by like reason , consequence , much more oblige our whole nation in present and future to our kings , their heirs and successors , notwithstanding all late violent forcible illegal alterations , revolutions of our governments and governours , against the votes of both houses of parliament , the desires of the generality of our three nations , since our laws admit no interregnum nor disseisin of the crown , kingship , kingdom , ( as the statutes of praerogativa regis , iacobi , ch. . cooks rep. f. . and u other lawbooks resolve ) and so our violations of them must be more perjurious , sinfull , and exemplarily punishable , than theirs . . this oath , league with the gibeonites was violated by king saul , only out of zaeel to the children of israel , & iudah , who ( it seems ) solicited him thereunto for their own self-ends or advantage : yet this was no sufficient excuse , nor justification thereof in gods esteem , being punished with exemplarie justice on his posterity , and a three years famine upon all the land . therefore the violation of all our precedent oaths , protestations , covenants , by the army-officers , confederate members , and their adherents ( against the votes of both houses , the dehortations of our ministers , and desires of our three whole kingdoms ) must needs 〈◊〉 a far more detestable crime , and be avenged with a more heavy punishment both on them and us , than theirs was heretofore . . this breach of oath , covenant , notwithstanding all circumstances which might extenuate it , was most exemplary punished , though not on saul the chief offendor during his life , yet upon seven of his sons , and family after his death , in king davids reign , years after this offence committed , and upon the whole nation by a three years famine , though it was never infringed but only by one single act , in slaying some of the gibeonites posterity , and not re-violated by any other subsequent slaughter of them . therfore though many of the grand infringers of the precedent oaths , protestation , covenant , may perchance scape scot-free for a time in their own persons , and die without exemplary justice inflicted on them for it , yet let them from this memorable president conclude for certain , that god will sooner or later avenge it upon their children and posterity to their utter extirpation , ( and on the whole nation too , as he hath done in a great measure already , ) it may be years after the perjuries , treasons , committed in this kind , especially when not committed only once , but perpetrated and acted over sundry times by a continued , uninterrupted succession of new perjuries , treasons , and violations of them in the highest degree from day to day without fear or shame , as exod. . . c . . gen. . , . kings . . kings . . jer. . . c. . . isay . mich. . , , , . jer. . c. . . may assure all our late and present . delinquents in this kind and their posterity , which texts they may do well most seriously to peruse , with bleeding and relenting hearts . . this their violation of their league , oath to the gibeonites was never openly justified , pleaded , written , preached , printed for , nor carried on with solemn fasts and humiliations , ( most * detestable unto god when thus abused ) nor yet solemnly abjured by new contrary oaths or engagements forcibly imposed on all the israelites , by saul and his counsel of state , to extirpate the gibeonites : yet it was thus severely punished by god himself on sauls posterity and the israelites . o then what soarer overflowing , desolating judgements , may our perjurious , fidifragus grandees , saints , nations , most justlie fear and expect will undoubtedly befall themselves , their posterities and our kingdoms , ( now almost ripened for destruction in wise mens apprehensions ) who have not only infringed all our oaths , covenants , protestations , to our lawfull kings , their heirs , successors , and posteritie over & over in the highest degree , but most impudently justified , pleaded , preached , written , for the lawfulness thereof ; yea kept manie hypocritical , atheistical mock-fasts and humiliations , to promote our most detestable perjuries , treacheries , abominations ; and publicklie abjured all our former loyal oaths , protestations , covenants , by new treasonable enforced oaths and engagements , diametrically repugnant to them . certainlie if this breach of oath by saul in slaying the gibeonites could not be expiated , nor the 〈◊〉 years famine inflicted on the whole land for it , removed by all king davids and the israelttes fasts prayers , tears , sacrifices ; till this sin of theirs was particularly be wailed , repented , removed , and full satisfaction made to the murdered gibeonites by david and his people , by delivering up seven of sauls sonnes and posteritie to be hanged up before the lord in gibeah of saul , for this perjurie and bloodshed committed so long before by saul their ancestor , the principal malefactor . we may justlie fear and conclude , that all our prayers , tears , fasts , humiliations , will never expiate the manifold open violations of these our oaths , protestations , leagues , covenants , by the murders of our late king , and manie thousands of our protestant brethren of all sorts for adhering to him , his heirs and posteritie ; the violations of the rights , privileges of parliament , beyond all presidents of former ages ; and securing , secluding the whole peers house , and majoritie of the commons heretofore and now again , and trampling our fundamental laws , liberties , properties , remonstrances , declarations , as well as oaths quite under foot , by new arbitrarie , tyranical acts , impositions , proceedings of all kinds , exceeding the worst of our former kings ; unlesse all these perjuries , treacheries , breaches of oaths , protestations , covenants in this kind be particularly and publickly confessed , bewayled , reformed , repented if not expiated with the like justice and executions upon the persons or sons of some of the most capital delinquents in this kind , to appease gods wrath , and preserve our whole three kingdomes from utter ruin ; our perjuries and breaches of all oaths , faith , trusts , being now so generallie and universally infamous throughout the world , that fides anglica , is become as proverbial as c fides punica , scotica , or hybernica in former ages , to our perpetual infamie : which , if this publication may redresse , reform for the future , i shall bless god for it , and have some hopes of better times , things , then yet we can possibly expect whiles under the guilt , breach of so many contradictory oathes , protestations , leagues , covenants , ingagements . by the antient oath of fealty and allegiance , ( which both the subjects of england , and kings , bishops , nobles , and subjects of scotland , made to the kings of england and their heirs , as supreme lords of scotland , in these words . ) ero fidelis & legalis , fidemque & legalitatem servabo , henrico ( & edwardo ) regi angliae , et haeredibus suis , de vita & membris , & terreno honore , contra omnes qui possa it vivere & mori : et nunquam pro aliquo portabo arma , nec ero in consilio vel auxilio contra eum vel haeredes suos , in aliquo casu qui possit contingere , sed fideliter recognoscam , et fideliter faciam servitia quae pertinent ad tenementum quod de eo tenere clamito , sic me deus adjuvet & omnes sanctos ejus . ( which oath william king of scots and all his nobles swore to king henry the . et haeredibus suis , sicut ligio domino suo : and iohn balliol , iohn comyn with all the nobles of scotland to king edward . and his heirs : anno , , . ) they all in express terms obliged themselves and their heirs , to be true and faithfull subjects to the king and his heirs : which though valid , obligatories in it self to our kings postertie , yet some of our kings in their life-times , made both the scots and english subjects to take a new oath of fealty and allegiance to their heir apparent and his heirs , saving the fealty , homage and allegiance done to themselves . thus c william king of scots with all his nobles , barons , and knights of scotland , did fealty and homage to king henry the . and to henry his son , and his heirs , as to his liege lords , salva fide domini regis patris sui . anno . yea before this , anno . by the commad of king henry the . the archbishops , bishos , abbots , david king of scots , with all the earls and barons of england , swore homage and sealtie to maud his daughter and heir ut filiae suae imperatrici fide servata , regnum angliae haereditario jure post dies suos sibi et haeredibus suis legitime procreatis servarent nisi sobolem virilis sexus ipse rex in posterum procrearet . the persidious violation of which oath by them after king henries death in crowning stephen , brought * exemplary judgements on the wilfull violaters therof , and a bloudy , long-lasting civil warr within the bowels of the realm between maud , her son henry , and the usurper stephen , to the great oppression , devastation , desolation of the publique , & peoples , as our historians observe ; all the good they hoped for by disinheriting maud , and crowning stephen upon their own terms , against his own and their oathes , becomming void and null by his perfidiousness , through divine , justice , which will never permit any good things to spring out of such enormous evils as perjury and treachery ; which produced sundry judgments and civil wars , never ceasing till henry the right heir was restored to the crown by a friendly agreement ; the only probable , speedy way not now to end our present wars , oppressions , distractions , military government , and restore peace , and prosperitie in our nations . after this , an. . upon the dejection of the insolent bishop of ely from his vicegerentship under king richard the first , e all the nobles of england assembling together , swore fealty to richard king of england , and to his heir against all men . the citizens of london swore the like oath ; and that if king richard should die without issue , they would receive earl john his brother for their king and lord , & juraverunt ei fidelitatem contra omnes homines , salva fidelitate regis richardi fratris sui as hoveden relates . in claus. h . m. . dorso , soon after the birth of edward the . son and heir apparent to king henry the third , i find this memorable writ issued to all the sheriffes of england , to summon all persons above . years old , to swear fealty to him , as heir to the king , and to submit themselves faithfully to him as to their liege lord after his death . rex vic. eborum ▪ salutem ; praecipimus tibi quod in fide qua nobis teneris , et sicut teipsum et omnia tua diligis venire facias ad loca certa & ad dies certos , sicut commodius fiery potevit , omnes liberos homines de balliva tua aetatis . annorum et supra , et eos omnes coram te jurare facias ; ita quod haec sit forma juramenti sui , scilicet : quod ipsi salvo homagio et fidelitate nostra , qua nobis tenentur , & cui in vita nostra nullo mode renunciare volumus , fideles eritis edwardo filio nostre primogenito , ita quod side nobis humanitus contigerit , eidem tanquam hearedi nostro et domino suo ligio erunt fideliter intendentes , et eum pro domino suo ligio habentes . et talem circa hoc exhibeas diligentiam , ut inde merito debeatis commendari . teste meipso apud westm. die febr. ann. r. n. . eodem modo scribitur omnibus vicecomitibus : and it appears by dors. . they were summoned and sworn accordingly . f in the parliament of h. . rot . parl. n. . & . the lords spiritual and temporal , and commons , were sworn to bear faith and true allegiance to the king , to the prince , and to his issue , and to every one of his sonnes severally sucéeding to the crown of england ; and that of their own accord . the like oath was taken to the king , queen , prince edward , and the heirs of the kings body in the parliament of h. . rot parl. n. . and to g prince edward son and heir apparent to king edward the th and his heirs , in the parliament of e. . entred in the clause roll of e. . m. . dorso . yet in point of law , conscience , the first oathes of fealty and allegiance to each of these kings his heirs and successors , * obliged all that took them as firmly to their heirs and successors , as their homages made by them to these kings or other lords , ( which extend equally to their heires , and shall not be h reiterated , nor renewed to them upon this account , unless in some special cases ) and binde not only those that took them , but their heirs and posteritie likewise , although they never tooke these oaths themselves , at least to a religious conscientious observation , though not to the actual legal penalties of perjury ; as angelus de clavasio in his summa angelica , tit. juramentum . sect : . . and other canonists distinguish ; and the forecited scriptures infallibly demonstrate ; especially being made for the publick good , peace , settlement . of the kingdom , warranted by the policie , presidents of all ages , prescribed by our lawes , parliaments , for the safetie , securitie , settlement , as well of our religion , church , kingdoms , government , as of our kings and their posterities , and so not o to be violated , through fear , menaces , hopes of worldly gain or preferment , nor dispensed with by any papal or other human power whatsoever ; the i breach of oaths , leagues , covenants , being a grand vickednesse and high prophanation of the truth , faithfulnesse , name , and constancy of god himself , as well as transgression of his law and gospel , deserving the highest temporal and ecclesiastical censures in this world , as well as eternal condemnation in the world to come , ezech. . , to . & jer. . neh . . . . whether the late illegal oaths , ingagements to the new republicans and protectors , enforced on the people against their consciences , without any lawfull parliamentary authority ( which only legally make , prescribe , impose new oaths upon the nation , as the marginal k statutes resolve , past all dispute ) being directly contradictorie to their former lawfull oaths to our kings , their heirs and successors , be not absolutely void in conscience , yea mere prophanings , abuses of gods sacred name ; and if taken out of fear or weaknesse , no wayes to be observed , no more than davids oath , resolution to slay nabal with all his family , sam. . or herods oath to herodias , which he had more justly violated than observed in beheading john the baptist , mat. . , to . or those jews vow , who vowed they would neither eat nor drink till they had killed paul , acts . . &c. which sinful oaths , vows , were no wayes to be observed by shedding innocent blood , as both the fathers , councils , canonists , casuists , and scoolmen resolve , as you may read at large in gratian caus. . quest . . summa angelica , tit. juramentum , sect. . . peter lombard , sent. l. . distinct . & most schoolmen on his text , whose definitive doctrine is this : si quis alicui juraverit contra fidem , charitatem & officium , quod observatū pejorem vergat in exitum , potius est mutandum quam implendum : qui enim sic jurat vehementer peccat , cum autem mutat benèfacit : qui autem non mutat dupliciter peccat ; et quia injuste juravit , et quia facit quod non debet . and l that when a man hath once obliged himself by a legal oath to god and his soveraign , any latter oath repugnant to , or inconsistent with it is unlawfull : upon which account our m lawbooks and laws resolve , that when ever any man swears fealty , or doth homage to his landlord for the lands held of him , it shall be with this special exception , saving the faith which i owe to our lord the king , who is the soveraign lord of all his subjects , principally sworn unto , and to be obeyed in the first place before all or any others . hereupon n walter bishop of exeter , anno e. . for omitting this clause out of the homage he received of his tenants in cornwall , in contemptum domini regis , & ad manifestam , quo ad privilegium ipsius domini regis exhaeredationem , et damnum ipsius domini regis ad valentiam decem mille librarum , he had judgement given against him for it upon an information , and was put to a great fine and ransome for this his transcendent offence . upon this very account honnore bonhor prior of salon , an eminent doctor of the canon law , in his larbre des battailles , ch. , . resolves , out of other doctors , that if the king moves war against any baron of his realme , his tenants and homagers are not bound to assist him in his wars against the king by their homage or fealty , but rather to assist the king against him , because the king is soveraign lord to them both ; and the barons lesser and inferiour dominion , is swallowed up or suspended by the presence of the king , the greater and superior lord ; and because the baron commits both treason and perjury against the king , by violating his homage , in taking up arms against him ; ) whereupon his tenants are not bound to ayd him in his perjury and treason against his soveraign . and ch. , , . he determines , that if a man be a subject to two kings , states , or cities , which afterwards wage war against each other , he is bound to serve the king , state , city in the wars , to which he was first sworn and obliged , because his latter oath and homage to his last soveraign cannot invallid nor discharge his first oath and allegiance to his old one ; much lesse then can these later treasonable oaths , engagements to a new protector or republick , dispence with those antecedent legal oaths , protestation , covenant to our lawfull king and his heirs , nor oblige us in the least degree to fight against or oppose their persons , titles , rights , to perpetuate our wars , miseries , taxes , oppressions , confusions , and prevent our future settlement . let us therefore all now seriously remember , consider in the fear of god , that as all who have been judges , justices , maiors , bayliffs of towns , barresters , benchers , ministers , graduates in vniversities , attorneys , civil or ecclesiastical officers in any kind , members of the commons house , or tenants to the king , before the year . have oft taken the premised oaths of maiors , iustices , fealty , or at lest of supremacy and allegiance ; so all aldermen , governors , assistants , livery men , common counsel-men , and freemen whatsoever of every city , corporation , society , company , fraternity , throughout the realme , have likewise taken another oath beginning thus , you shall swear , to be good and true , or true liegeman to our soveraign lord the kings majesty , and to his heirs and successors . which if they will all now conscienciously verifie and resolutely fulfil to the right heir and successor of the crown , they may soon put a period to all their present oppressions , taxes , excises , arbitrary militiaes , distractions , fears , dangers , under their new aegyptian tax-masters , and make themselves real english freemen , without any new warr , or much feared forein invasion , instead of continuing bondslaves under a misnamed free-state , in which no wise men can yet discern the least shadow of freedom or security , but inovitable desolation in the present posture of its publick affairs , and a necessity of involving himself in the guilt of new oaths , more treasonable than the * bishops late &c. oath , which can neither be imposed , nor administred without danger , and the guilt both of perjury and high treason to the king , kingdom , and parliament , by all our known laws resolution . i shall close up all with this memorable seasonable antient canon , resolution , and anathema of the th . council of tolede in spain anno . can. . as an effectual means ( through gods blessing ) to reclaim us from our former perjuries , treacheries , regends disloyalties to our lawfull kings and their posteritie , to restore them to their hereditarie rights , divert gods heavy judgements from us , to settle us in firm , lasting peace for the future , and restore our pristine tranquility , unity , trade , honour , prosperity so long expected , desired . k multarum gentium ( ut fama est , being then principally intended of the antient l britains , saxons , northumberlanders , exceeding all other nations in perjury , treachery to , rebellions against and murders of their kings , and now exceeded therein by us of this age ) tanta extat perfidia animorum , ut fidem sacramento promissam regibus suis observare contemnant , et ore simulant iuramenti professionem , dum retinent mente perfidiae impietatem . iurant enim regibus suis , et fidem , quam pollicentur , praevaricantur ; nec metuunt volumen illud judicii dei , per quod inducitur maledictio , multaque poenarum comminatio super cos , qui jurant in nomine dei mendaciter . quae ergò spes talibus populis , contra hostes laborantes , erit ? quae fides ultra cum aliis gentibus in pace credenda ? quod foedus non violandum ? quae in hostibus jurata sponsio stabilis permanebit , quando ipsis propriis regibus juratam fidem non servant ? quisenim adeò furiosus est , qui caput suum manu sua propria desecet ? illi ( ut notum est ) immemores salutis suae , propria manu seipsos interimunt , in semetipsos suosque reges proprias convertendo vires . et cum dominus dicat , nolite tangere christos meos , & david : quis inquit , extendet manum suam in christum domini , & innocens erit ? illis nec vitare metus ett perjurium , nec regibus inferre exitimn . hostibus quippe fides pacti datur , nec violatur . quod si in bello sides valeat , quanto magis in suis servanda est ? sacrilegium quippe est si violetur a gentibus regum suorum promissa fides , quia non solum in eos sit pacti transgressio , sed et in deum , in sujus nomine pollicetur ipsa promissio . indè est , quod multa regna terrarum , caelestis iracundia ità permutavit ; ut pro impietate fidei et morum , alterum ab altero solveretur . unde & nos cavere oportet , casum hujusmodi gentium , nè similiter plaga seriamur praecipiti , et poena puniamur crudeli . si enim deus angells in se praevaricantibus non pepercit , qui per inobedientiam coeleste habitaculum perdiderunt ; unde & per esaiam dicit : inebriatus est gladius meus in coelo : quantò magis nos nostrae salutis interitum timere debemus , nè per infidelitatem eodem saeviente dei gladio pereamus ? quòd , si divinam iracundiam vitare volumus , et severitatem ejue ad clementiam provocare cupimus , servemus erga deum religionis cultum , atque timorem , custodiamus erga principes nostros pollicitam fidem atque sponsionem . non sit in nobis , ut in quibusdam gentibus , infidelitatis subtilitas impia , non subdolae mentis perfidia , non perjurii nesas , et conjurationum nefanda molimina . nullus apud nos praesumptione regnum arripiat , nullus excitet mutuas seditiones civium , nemo meditetur interitus regum ; sed , desuncto in pace principe , primates gentis cum sacerdotibus ( filium ejus ) soccessorem regni constlio communi constituant , ut dum unitatis concordia à nobis retinetur , nullum patr●●e gentisque dissidium , per vim atque ambitum moliatur . quòd si haec admonitio mentes nostras non corrigit , et a● salutem communem cor nostrum nequaquàm perducit , audi sententiam nostram . quicunque ergò ex nobis , vel totius hispaniae populis , qualibet conjuratione vel studio sacramentum fidel suae , quod pro patriae gentisque gotthorum 〈◊〉 , vel conservatione regiae salutis pollicitus est temeraverit aut regem nece attrectaverit aut potestate regni exuerit , aut praesumptione tyrannica regni fastigium usurpaverit . anathema sic in con●pectu dei patris , et angelorum , christi , 〈◊〉 apostolorum ejus , spiritus sancti et martyrum christi , atque ab ecclesia catholica , quam perjurio prophanaverit , efficiatur extraneus , & ab omni caetu christianorum alienus , cum omnibus impietatis suae sociis , quia oportet , ut una poena teneat obnoxios , quos similis error invenerit implicatos . quod iterum , secundo , et tertio , replicamus et acclamamus . qui contra hanc nostram definitionem praesumpserint , anathema , maranatha ; hoc est , perditio in adventu domini sint , et cum juda scarioth partem habeant ipsi & socii sui , et cum diabolo et angelis ejus aeternis suppliciis condemnantur amen , finis . a postscript . many are the presidents of gods severe personal and national judgements inflicted upon perfideous perjurious infringers of their oaths and covenants to their lawfull soveraigns and their heirs , a both at home and abroad : for domestique presidents of this nature , i haue presented you with some signal ones , in the second part of my legal and historical vindication of the fundamental liberties , rights and laws of england , london . p. to , , , , , , , to , , . & part . p. . , , , , , , , , , , , , to , , to , , to , , , . , , , , to , , to . before the conquest . the like presidents since , you may peruse in henrici huntindonensis , hist. l. . p. , , . regeri de hoveden annalium pars prior , p. . holinshed , vol. . p. . and doctor beards theatre of gods iudgements , book . ch. . i shall instance only in two remarkable forein examples of this kind . the first is in the usurping b-c emperour rodulph , duke of swethland . pope hildebrand , antichristanly excommunicating his soveraign , the emperour henry the fourth , and absolving his subjects from their allegiance to him , profered the empire to this duke rodulph : who remembring his oath of allegiance sworn by him to this emperor , and how vile a part it would be for him to betray or supplant him he had sworn to obey and defend , at first refused the popes offer ; yet afterwards by the sophystry and perswasion of some bishops , he accepted and took upon him the title of emperour , opposing his liege lord henry in four several battels fought between them for the empire ; in the last whereof being vanquished , he was sore wounded , and lost his right hand . when he was readie to die of his wounds , one brought his right hand cut off in the battel unto him , which he beholding with much regret , in detestation of his perjury , and treachery through the popes violence , brake forth into these memorable words in the presence of many bishops who had perswaded him to this rebellion . behold here the right hand wherewith i swore faith and allegiance to my liege lord the emperor henry : this will be an argument of my breach of faith before god , and of your trayterous impulsion and advice thereunto . which having uttered , he immediately expired of his wounds in a kinde of despairing manner , as the just punishment of his perjury and treachery by his own confession ; magnumque mundo documentum datum est , ut nemo contra dominum suum censurgat nam * abscissa rudolphi dextera dignissimam perjurii vindictam demonstravit , qui fidem domino suo regi juratam violare non timuit , et tanquam alia vulnera non sufficerent , ad mortem accessit etiam hujus membri poena , ut per poenam agnosceretur et culpa : as an c historian of that age observes in the life of henry the th . let those perjurious perfidious army-saints and other grandees who have taken , subscribed the precedent oathes , protestation , league covenant , with hands layd upon the bible , and lifted up to the most high god ; and yet have since taken , subscribed with the self-same hands , an oath and ingagement diametrically contrary thereunto , to the destruction of our kings , kingdoms , parliaments and their privileges ; and are still stretching out their perjured hands against the lawfull heir and successor to the crown , remember this sad president of rodulph with fear and trembling . to which i shall annex another sadder and more tragicall spectacle , never to be forgotten ; d vladislaus king of hungary , having made a truce with amurath the . ( the sixt king of the turkes ) which he sealed and swore unto in the name of christ : by the command of pope eugenius , and perswasions of his legat , cardinal julian and other prelates , who absolved him from this oath , he violated it in a most perfidious manner , and soon after taking amurath unprovided to fight , gave him battle at varna with a puissant army , and was likely to rout him upon the first encounter . upon which occasion amurath being in extream fear and danger , beholding the crucifix in the displayed ensigns of the christians , pluckt the writing out of his bosome wherein the league was comprised , and holding it in his hands with his eyes cast up to heaven , used these words . behold thou crucified christ , this is the league thy christians in thy name have made with , and sworn to me ; which yet they have without any cause on my part , violated ; now if thou be a god , as they say thou art , and as we dream , revenge the wrong now done unto thy name and me , and shew thy power upon thy perjurious people , who in their deeds deny thee to be their god . upon the uttering of which words , the battel presently turned , huniades , that valiant general and the hungarians fled , the whole army was routed , many thousands of them slain , and taken prisoners ; perjured king vladislaus , cardinal julian , with most of the prelates and nobles who perswaded him to this breach of faith slain in the field ; the greatest part of hungary overrun , gained , and ever since possessed by the turks , vdalislaus his head cut off in the battel , after was fixed on a poll , carried through grecia and asia in triumph , and shewed to the people as a monument of gods justice on him for his perjury . and will not the blood of our beheaded king , the disinheriting of his heir and successor , the abjuration of kingship it self , & the house of lord , the subvertion of all the rights , freedoms , privileges of parliament , by those in late and present power , against all the premised oaths , protestations , solemn league and covenant , sworn by them in the name , presence of god himself , and the lord jesus christ , with hands laid on the evangelists , and listed up to heaven , and then subscribed for a perpetual memorial ; cry aloud to god and christ for the like avenging justice from heaven against the perjurious infringers of them in a far higher degre than vladislaus was guilty of , if spread and held up before them by the disinherited king and lords ? no doubt it will in gods due time , if not speedily , really and deeply bewailed repented of , by a plenarie satisfaction and restitution : and cause god to shake out every man ( and his posterity too ) from his house , and from his labour , and empty him and his of all present honours and enjoyments , ( as nehemiah shaked and emptied his lap , ) that performeth not these oaths , protestation , league , covenant , to which he and all the congregation have said amen , neh. . , . since the e very pagan graecians , and romanes insinuated as much in the ceremonies of their sacred oaths , wherein they prayed , that if they did not faithfully observe them without guile , that jove and the other gods would smite and slay them as they did the lamb they then sacrificed to them , and that they might be cast out and perish like the stone they threw out of their hands when they swore ; the religion of an oath , being so great amongst the very heathens , that they thought all human society abolished with its violation , and those persons unworthy to live or breath amongst men , who durst presume to infringe it , though to their losse and prejudice . and shall they not condemn us christians , and those most refined saints of this age , who like the perfidious atheistecal f carthagenians , thessalonians , and parthians , regard neither god , nor altars , nor covenants , nor oaths , no farther than they serve their turnes to cheat and circumvent men ; to whom profit is more sacred than faith or oaths ? no doubt they will . ezech. . , , , . seeing he despised the oath by breaking the covenant , ( when lo , he had given his hand ) and hath done all these things , he shall not escape . therefore thus saith the lord god , as i live , surely mine oath that he hath despised , and my covenant which he hath broken , even it will i recompence upon his own head . and i will spread my net upon him , and he shall be taken in my snare , and i will bring him to babilon , and will plead with him there , for his trespasses that he hath trespassed against me . and all his fugitives , with all his bands shall fall by the sword , and they that remain shall be scattered towards all windes ; and ye shall know , that i the lord have spoken it . finis . errata . p. . l. . . r. . p. . l. . justification , r. prevarication . p. . l. . meetings , r. mutinies . margin . p. . l. . r. sacramenti . notes, typically marginal, from the original text notes for div a e- a bracton , l. . tract. . c. . britton c. . lambardi , archaion , ll. edwardi confessoris lex , . spelmanni glossarum , p. , . cook rep● calvins case . instit. f. , , , . tottles magna charta . f. . kitt . f. . exact collection ▪ p. . joh. seldeni , ad eadmerum notae , p. , . * see gratian caus. . ●u . . de forma fidelitatis . b tottles magna charta , f. . iuramentum majorum & ballivorum . c tottles magna charta , f. , . claus. e. . dors . . kitchin , f. . . d e. . stat . . e. . c. , . claus. ● e. . pars . do s . . r. . rot. parl. n. , , , . rastall iustices , rot. parl. e. . n. . cooks instit. p. . c see exact collection , p. , , , , , , , , , , , , , , . * and have they not been so more since and now , then ever before ? * as since and now , by doubled illegal taxes , excises , high courts of justice , arbitrary junctoes , and their new knacks . * new quite sold and consumed . * have they not since that in . and now again effected it ? f a collection of ordinances , p , , , , , , , to . , . . . . . , . . , . , , , , , . quaere , whether this be not violated in every branch in the highest degree ? g exact collelection , p. . exact abridgement of the records in the tower , p. . . . see oath in the table . h see my true and perfect narrative , p. to . . i the true state of the case of the common-wealth , p. , . ‖ juramenta illicita , jurari . et jurata servari non debent . gratian causa . qu. . throughout . i st. aug. de verbis apostoli . serm. . gratian . caus. . qu. , , . grotius de jure belli & pacis , l. . c. . jusjurandum habetur apud omnes ultimum atque firmissimum & fidei mutuae & veracitatis pignus . procopius persi● corum . l. . ultima fides inter homines tum g●a●cos , tum barbaro , quam nulla delebit aetas , est ea quam per jurata pacta sponseres adh●bet deos. dionys . hallicarnast . antiqu. rom. nullum vinculum ad adstringendam fidem , majores nest●i juramento arctius esse voluerunt . cice●● offic. l. . k s. augustin , gratian , & grotius : ibidem . caelius rhodiginus lectionum antiq. l. . c , , * qui perjurare compellit et qui compellitur utrique sunt perjuri & homicidae : dominus quia praecepit , miles quia plus dominum quam deum & animam suam dilexit . gratian causa , . qu. . augustin , serm. . de verbis apostoli . * see vegetius de re militari , . . alexander ab alexandero . genial dierum , l. . c. . l c. . calvini lexicon juridicum : tit. juramentum militare , fr. connanus , l. . c. . grotius de jure belli , l. . c. . * see levit. . . * littleson , firzh . brook , ash , tit. warranty , covenant , obligation , condition , tenure . m prov. . . . rom. . . , , . tim . , . pet. . . . n my true & perfect narrative , p. . * jesus pacem quam dederat revocandam non censuit , quia firmata erat sacramenti religione , ne dum alienam perfidiam arguit , suam fidem solveret . ambrosius de officiis , l. . c. . * archbishop vshers annal. vet. testamenti , anno . . . * see jac. c. . car. c. . & here , p. . q kings . . cook instit. c. . p. , . ii. . rot. parl. n. . ● e. . . see br. & fith . tit. corporation , abbie , cooks instit. f. . . , . grotius de jute delli , l. . c. . sect. . . see magna charta the prologue , and cap. ult. r hebr. . , , . grotius de'jure belll . ſ grotius de jure belli , l. . c . §. . . * vastat stirpemque , domumque , herodotus , lib. . u see 〈…〉 b●ook , ash . title intrusion , prerogative . * isay . , . . &c. c. 〈◊〉 ● . to c. ● . . prov. . . c erasmi a dagia . walsingham hist. ang. antiquit. eccl. brittan . p. , . giraldus cambrenfis typographiae hyberniae , c. , , . roger de hoveden , annal. pars porior , p. , tho , walsingham hist. angliae , p. . , . mat. westm. anno , , . c hoveden , p. , , , , hovenden annal. pars posterior , p. . simeon dunclmensis hist , col . . radulphus de diceto abbrev . chron col . . chronicon johan . bromoton . col . . henry de knyghton de eventibus angliae l. . c. . gul. nubrigensis , hist. l. c. . . , a. mart. paris , mat. westminister , holinshed , caxton , fabian , speed , in the live of h. . stephen , & h. . * holinshed , vol. . p. . e hoveden annal. pars posterior , p. . . f exact a. bridgement of the records in the tower , p. , . . . g the first part of my register of parliamentary writs , p. , . * h. . c. . h. . c. . h littleton , sect. , . britton f. , . cookes instit. f. , . i see aug. serm. . gratian causa . q . summa angelica , tit. juramentum & perjurium . bochellus decreta eccles. galli . canae , lib. . tit. . de jurejurando & perjurio . chrysostom homil. in mat. & hom. . in acta apost. dr beards theatre of gods judgements , l. . c. cooks instit , . c . k mag. charta c. . h. . stat. of the eschequer , h. . c. . e. . c. . . e. . c. . e. . stat. . c. , e. . c. . e. . stat . . e. . c. , . r. . c. . e. . par. . c. . . . . . r. . c. . , . r. . c. . r. . c. . r. . c. . r. . c. . h. . c. . . . . h. . c. . , . h. . c. . . h. . c. . h. c. . . h. . c. . h. . c. . h. . c. . . e. . c. . e. . c. . e. . c. . e. . c. , . e. . c. . r. . c. . h. . c. ● . ● h. c. . h. . c. . . & h. . c. . h. . c. . & h. . c. . h. . c. . h. . c. . h. . c. . . . h. . c. . h. . c . . h. . c. . h . c. . e. . c. . eliz. c. . eliz. c. , eliz. c. . ● eliz. c. . eliz. c. . jac. c. . jac. c. , . jac. c. . . jac. c. . , . the petition of right car. car. c. . car. c. . car. c. . l summa angelica . juramentum . sect. . m glanvil l. , c. . mirrour . c. . bracton , f. , . britton , f. , . littleton , sect. . cook instit. f . . spelmanni glossarium , p. , , . n cooks instit. f. . * see cooks instit. cap. . . capterburies doom , p. . . . k surius concil. l. . p , . see king james his apoligy for the oath of allegiance . l gildas de excidio & conquestu britanniae concil. c. calcuth , spelmanni concil. p. , . malmesburi de gestis reg. l. . c. . p. , . mat. westm. anno . notes for div a e- a see huntindon hist. l. . p. , . hoveden annal pars prior , p. . b-c ca●onis chronicon . grimstons imperial history , in the life of rodulph . dr. beards theatre of gods judgements , l. . c. , p. henrici mutii chronicon germaniae , l. . * the right hand of a perjured person was to be cut off by sundry laws : constitutionum sicularum l. . tit. . capit. caroli magni , l. . tit. . legis longobardorum , l. tit. . c germaniae historiarum tom. . francofurti . p. . d aeneae picolominei cardinalis status europae sub frederico . c. . knolls turkish history , p. , . e titus livius hist. l. . & . caelius rhodiginus . antiqu. lect. l. . c. . alexander ab alexandro , gen. dierum l. . c. . grotius de jure belli . l. . c. . f alexander ab alexandro l. . c. . our covenant with god and with all men is peace and life and light and salvation fox, george, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) our covenant with god and with all men is peace and life and light and salvation fox, george, - . broadside. printed for thomas simmons, london : . title from first lines of text. signed: g.f. reproduction of original in the huntington library. eng society of friends -- apologetic works. oaths -- religious aspects. a r (wing f b). civilwar no our covenant with god and with all men is peace, and life, and light, and salvation to the ends of the earth, ... fox, george a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion ovr covenant with god and with all men is peace , and life , and light , and salvation to the ends of the earth , which is our testimony to all men upon the earth , and is not to destroy mens lives , but to save them , which covenant destroyeth the devil and his works , the author of all murderous plots and treachery , betrayers which is under the devils kingdom , out of the truth and innocency and the covenant of light and life , which we have with god and all people , which seperates from sin and evil , and destroys it ; and in that is our peace , which is the covenant , in which is no murderer , nor plotter , nor contriver , nor betrayer , so in that we seek the peace of all men , and have all men in esteem , and the good of all men , in that we deny our selves and glory in the cross of christ , the power of god , which crucifies us from the world and their ploters and worldly things , and carnal weapons , and warrs , into spiritual weapons and war , with which we war , with the devil and his works , which led people from god . but to plot and confederate , or to raise insurrections , or to gather riotous meetings , or taking up arms outwardly , we utterly deny , and it is not our principle , nor is it in the covenant , for it is out of the covenant , and life , and peace with god and the light with men , though we cannot wear to this ; for he that hath all power in heaven and earth given to him , commands us not to swear at all , by heaven nor earth , nor any other oath : but saith , in all your communication let your yea be yea , and your nay nay , whatsoever is more is evil , and to this is our nay , and so let the punishment be of yea or nay as for an oath : and our yea is yea to that which is good , and nay nay to that which is contrary . the lord god so loved the world that he gave his only begotten son into the world , who hath all power in heaven and in earth given to him , and that all power and thrones , and rule and government should be subject to him who is lord of lords and king of kings : and the lord saith this is my beloved son , hear ye him , this is the prophet which moses saith like unto him that god would raise up , whom the people should hear , whom we do hear that speaks from heaven . at sundry times and in divers manners god spake to the fathers by the prophets , but now in these last dayes hath spoken to us by his son , which is the heir of all things , upholding all things by his word and power , that hath all power in heaven and in earth given to him as he saith himself , who ends the prophets and the iewes power , and authority and the law , among whom was the oath and swearing , and first covenant : and not only frivolous oaths but true oaths , that endeth the strife and destroyeth the devil the authour of it ; which the apostle brought as a similitude , the substance of it we do enjoy ( that is to say ) christ iesus to whom the angels must bow : and his command to us is , swear not at all , who saith he hath all power in heaven and in earth given to him ; but in all your communications keep to yea and nay , that are his disciples and his messengers and ministers , observe it , as iames . so if we love him we keep his commandments and do the thing that he commands , but if we say we love him and keep not his commandment , we are lyars and do not the thing commanded us : and we do know them that love him and keep his commandments , in them dwelleth the love of god , and them that say they love god , and keep not his commandments are lyars : and our yea is yea , and our nay is nay in that doctrine of christ who is the end of oaths in the law and first covenant , who are of the promise that remains , and are out of the promises of men that changeth : and we are out of covenants with men that doe change , and in the covenant of god with him that remaineth and doth not change , and cannot be broken , and in it is our yea , and our yea is yea in it , and our nay is nay in it , and if it be not so found among you and all people upon the earth from us , let us suffer as much for the breaking it , as for breaking an oath ; for our life is in christ iesus , who was before murderous plots were , that destroyes the devil the author of them , and our nay is against all murderous plotters and contrivers against the king or any of his people , or any man upon the earth , & we would have him & all men to be saved , and come to the knowledge of the truth , christ iesus , and that is our yea , for whose cause and sake we do suffer , and this we will seal with our lives and estates and all , for which cause and testimony we have suffered all this while in estates and lives . beyond sea in holland the powers of the earth and magistrates that knows our friends cannot sweare for conscience sake , does not force them nor impose fines upon them , neither imprison them who keeps to yea and nay according to christs doctrine . and christ iesus saith swear not at all , mat. . and iames saith above all things my brethren swear not at all iames , . but let your yea be yea , and nay nay , for whatsoever is more cometh of evil . and in turky paying tributes people may have their liberty to worship their god , and paul had his liberty to preach in his own hired house at rome where the emperours seat was , acts. . . though we paying our taxes are plucked out by the haire of the head from prayer out of our houses , and not suffered to pray together , as the heathen would not suffer daniel , and so this is contrary to the apostles who said pray every where , who met together in their several houses , and went from house to house , acts . . . and this was the practice of the church in the primitive times which we observe , who were to edifie one another , and exhort one another , and build up one another , and pray for one another , and they was not to be tyed to one place , synogogue or temple , which the iews were only , but some times they met on mountains and hills , and sometimes in houses . and the church was in aquilla and priscillas house , . cor. . . there was a meeting set up in the primitive time . g. f. london , printed for thomas simmons at the bull and mouth near aldersgate , . good advice to the church of england, roman catholick and protestant dissenter, in which it is endeavoured to be made appear that it is their duty, principle & interest to abolish the penal laws and tests penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) good advice to the church of england, roman catholick and protestant dissenter, in which it is endeavoured to be made appear that it is their duty, principle & interest to abolish the penal laws and tests penn, william, - . [ ], p. printed and sold, by andrew sowle ..., london : . reproductions of originals in huntington library (reel ) and harvard university library (reel ). attributed to william penn. cf. bm. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -- great britain. oaths. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion good advice to the church of england , roman catholick , and protestant dissenter . in which it is endeavoured to be made appear that it is their duty , principles & interest to abolish the penal laws and tests . beati pacifici . licenced june the th . london , printed , and sold , by andrew sowle , at the crooked-billet in holloway-lane in shoreditch , and at the three keys in nags-head-court in grace-church-street , over-against the conduit , . the prefacf . reader , no matter who , but what ; and yet if thou wouldst know the author , he is an english-man , and therefore obliged to this country , and the laws that made him free. that single consideration were enough to command this vndertaking ; for 't is to perswade his country men to be delivered of the greatest yoke a nation can well suffer under ; penal laws for religion , i mean. and now thou hast , both the who , and what ; if thou art wise and good , thou art above my epethites , and more my flatteries ; if not , i am in the right to let 'um alone . read , think and judge . liberty , english and christian , is all that is sought in the ensuing discourse . adieu . good advice , &c. part i. i must own , it is my aversion at this time , to meddle with publick matters , and yet my duty to the publick will not let me be silent . they that move by principles must not regard times nor factions , but what is just , and what is honourable ; and that no man ought to scruple , nor no time nor interest to contest . the single question i go upon , and which does immediately concern and exercise the minds of the thinking , as well as talking men of this kingdom , is , whether it be fit to repeal the penal laws and tests , in matters of religion , or not . i take the affirmative of the question , and humbly submit my reasons to every reasonable conscience . i say reasonable , because that which knows not its own duty , principles and interest , is not so , and that which is not willing to do to others as it would be done by , less deserves to be thought so . now there are three sorts of people that will find themselves concerned in this question ; the church of england , the roman catholick , and the protestant dissenter , and these make up the whole body of the kingdom ; if it appear to be their duty , principles and interest , the question is gain'd , and no body is left to complain ; and if i am mistaken , it is with so great an inclination to serve them all , that their good nature cannot but plead my excuse , especially when they consider i am neither mov'd by hopes nor fears . private loss or gain being farther from my thought , then i hope they are from a good understanding . i say , first , then it is the duty of all of them , because they all profess that religion which makes it their common duty to do it ; christianity , i mean : for no christian ought to deprive any man of his native right for matters of faith and worship towards god , in the way that he thinks most agreeable to the will of god ; because it is necessary to a christian to believe that faith is the gift of god alone , and that he only is lord of conscience , and is able truly to enlighten , perswade , and establish it ; and consequently that prejudicing men in their persons or estates , or depriving them of any station in the government , they might otherwise , in their turn , be capable to serve the publick in , is contrary to the tenderness and equity of that religion ; which will yet further appear , if we consider that christianity is the sole religion of the world , that is built on the principles of love ; which brought with it the greatest evidences of truth . equally convincing our understandings with its light , and bearing down our sences with its miracles : which silenc'd the oracles of the heathens by the divine power present with it , and vanquisht their hearts , that had left nothing else to conquer , leading kings and emperors with their courts and armies in triumph after the despised cross of him , who was the holy and blessed author of it . it was he that laid not his religion in worldly empire , nor used the methods of worldly princes to propagate it ; as it came from heaven , so that only should have the honour of protecting and promoting it . his whole business to mankind , from first to last , was love. 't was first love in his father to send him ( as st. john teaches ) god so loved the world that he sent his son , &c. it was love in jesus christ to ▪ come on that arrand ; that he , who thought it no robbery to be equal with god , should take the form of a servant to adopt us children , and make himself of no reputation with the world , that he might make us of reputation with god his father . and he did not only come in much love , but preach't it and prest it both to friends and foes ; love one another , love enemies , do good to them that hate you , forgive them that trespass against you ; what you would that other men should do unto you , do that unto them ; by these things shall all men know you are my disciples ; for i came not to destroy mens lives , no , not for religion it self ; for my kingdom , power , force , weapons , and victory are not of this world. in all this love prevails . it was his great , his new , his last commandment ; of all his disciples , the most persued by his beloved one , that in his bosom had learn'd his heart , as his divine doctrine of love in his epistle tells us . as he liv'd in love , so he died in love , with us , and for us , and that while we were rebellious too ; ay , he pray'd and dy'd for them who put him to death , shewing us ( says st. peter ) an example that we also should follow his steps . and what are they ? doubtless the steps of love , the path he trod : to do good to mankind , enemies as well as friends , that we may be like our heavenly father , that causes his sun to shine , and his rain to fall upon the just and vnjust . this must be the apostles meaning , for the rest of his passion was inimitable . now if this be the doctrine of christ , the nature of christ●anity , the practice of the primitive church , that , like adam , was created in full strength , beauty and wisdom , and so an example to succeeding ages of religion , and to which we so often refer as our original ; with what pretence to a christian conscience can any one stickle to keep imprisoning , banishing , impoverishing , hanging and quartering law● on ●oot for religion sake , but especially against such as are by creed professors of christianity as well as themselves . i know the case is put hard by those that have the laws on their side , we do this to save our selves ; but an harder case than christs can never be put , whose answer in his , ought to resolve theirs fully . christ is sent by his father for the salvation of the world : he introduces and proves his mission by miracles , and the great authority of his word and doctrine ; his followers fully satisfied who he was , whence he came , what he taught , and how eminently confirm'd , grew impatient at contradiction ; they could not bear the least dissent ; for when some of the samaritans refused to entertain their lord , because they thought he was going for jerusalem , the place of their greatest aversion ; these disciples were for having but the word from his mouth , and they would , in imitation of elijah , have called for fire from heaven to have destroy'd them . but he turned and rebuked them , and said , ye know not what manner of spirit ye are of , for the son of man is not come to destroy mens lives but to save them . this answer is to purpose , and for all times , to be sure christian ones ; and the higher the pretentions of any party are to christianity , the more inexcusable if they practice the contrary , would not christ then hurt them that refused him , and can we hurt our neighbors for not receiving us ? he condemned that spirit in his disciples , and shall we uphold the same spirit , and that by law too , which he condemned by his gospel ? this is killing for gods sake , expresly charg'd by christ with impiety . they shall think , says he to his disciples , they do god good service to kill you ; who should think so ? why the christian persecutors . is it their property to do so ? yes , what shall one think then of those christians that profess it . the jews were grievously punished of god , for that abomination of sacrificing their children to moloch , but these 〈◊〉 though they change the object , they have not lessen'd the sin ; for they offer up man , woman and child , and tho they say 't is to god , no matter for that , since it makes their case worse , for 't is to imagine that so good , so just , so sensible , so merciful a beeing can take pleasure in so much cruelty . well , but if we must not knock folks on the head , what must we do with them ? take an answer at the mouth of truth and wisdom . let the tears and wheat grow together till the harvest ; what 's that ? he tells you , 't is the end of the world ; so that whatever the church of england is , 't is certain christ is for a toleration , and his doctrine is always in fashion ; what he was , he is , and will be ; he went not by reasons of state , or customs of countries ; his judgment was better built , who came to give law , and not to receive it , and 't is a light and rule to all times : and he that loves father , or mother , or wife , or children , or house , or land better than him , that is , his doctrine ( of which this is so great a part ) is not worthy of him ; and i fear no other reason induces the church of england to decline it . to confirm what has been said , tho i design brevity , let me not lose another passage very pregnant to our purpose ; when his disciples had accomplisht their first mission , at their return they gave him the history of their travels : among the rest , they tell him of one they met with , that in his name cast out devils , but because he would not follow with them , they forbad him ; here is at least a dissenting christian , tho a believer , yet it seems not one of that closer congregation ; we also see their zeal and sentence . but what says the master , yet alive , and with them , the infallible doctor , in whose mouth was no guile , who had not the spirit by measure , and was the great wisdom of god to his people , was he of the same mind , or did he leave them without rule in the point ? his answer is this . and jesus said to them , forbid him not , for he that is not against us is for us . the prohibition is taken off , and their judgment revers'd , and from his , to be sure , there lies no appeal . for tho a power of decision were allow'd to some one or more on earth , in matters obscure and undetermin'd , yet in cases already adjudged by the son of god himself , who had the chair , and could not err , there can be no room for another judge . now to apply it , i must first say , i find no such disciples among those that are of the side of keeping up the penal laws , god knows , the disparity is but too unequal . but next , if they were all twelve in westminster abby , and should be of the side of upholding the penal laws ( which is the wrong side they were of before ) i should beg their pardon , if i were of their masters mind , and objected his wisdom to their zeal , and his gentle rule to their harsh and narrow judgment . and i beseech the church of england to consider , that no pretence can excuse her dissent , and less her cross practice to the judgment of her saviour : a judgment that seems given and setled for the conduct of the church on the like occasions in succeeding times . and 't is pitty any worldly thing should have place with her to divert her obedience . did christ then come to save mens lives , and not to destroy them ? and should she ( she i say , that pretends to be a reformed church ) uphold those laws that do destroy them ? he , alas ! went to another village instead of burning them , or theirs , for refusing him : and she forbids any , that belongs to any other , to lodge in hers , upon pain of loosing life or estate ; this may make her a samaritan indeed ; but not the good one , whose example would have taught her , instead of these sharp and ruder remedies , to have poured the oyle of peace and gladness into those chops and wounds that time and heats of all hands had made in every religious party of men. nor does she lose anything by repealing those laws , but the power of persecuting , and a good church would never have the temptation . come some body must begin to forgive , let her not leave that honour to another , nor draw upon her self the guilt and mischief of refusing it . she pretends to fear the strokes of the romanists , but i would fain know of her , if following their example will convert them , or secure her ? does she hope to keep them out by the weapons that have fail'd in their hands , or can she honourably censure persecution in them , and yet use it her self ? but she is extreamly scandal'd and scared at the severity upon protestants in france . 't is certainly very ill ; but do not the laws she is so fond of point at the same work , conformity , or ruin. and don't we know , that in some places , and upon some parties her magistrates have plow'd as deep furrows , especially within these six and twenty years ▪ husbands separated from their wives , parents from their children , the widdows bed and the orphans milk made a prize for religion , houses stript , barns and fields swept clean , prisons crowded without regard to sex or age , and some of both sorts dungin'd to death , and all for religion . if she says they were peevish men , biggots , or mov'd by private interest , she still made the laws , and says no more for her self than the french say for their king , which yet she refuses to take for an answer . perhaps i could parralel some of the severest passages in that kingdom out of the actions of some members of the church of england in cool blood , that are even yet for continuing the penal laws upon their plunder'd neighbours ; so that this reflection of hers upon france , is more popular than just from her . but i beseech her to look upon a country four times bigger than france ; germany i mean , and she will there see both religions practis'd with great ease and amity , yet of this we must not hear one word : i hope it is not for fear of imitating it . however 't is disingenious to object the mischiefs of popery to a general ease , when we see it is the way to prevent them . this is but in the name of popery to keep all to herself , as well from protestant dissenters , as roman catholicks . how christian , how equal , how safe , that narrow method is , becomes her well to consider , and methinks she ought not to be long about it . i know she flatters herself and others to believe , she is a bulwork against popery ; and with that , without any further security to other protestants , wipes her mouth of all old scores , and makes her present court for assistance . but when that word bulwork is examined , i fear it appears too mean no more than this , that she would keep out popery for that reason for which she apprehends popery would turn her out , viz. temporal interest . but may i without offence ask her , when she kept persecution out ? or if she keeps out popery for any bodies sake but her own ? nay , if it be not to hold the power she has in her hands , that she would frighten other parties ( now she has done her worst ) with what mischief popery would do them when it has power . but to speak freely , can she be a bulwork in the case , that has been bringing the worst part of popery in these six and twenty years , if persecution be so as she says it is ? this would be call'd canting to the world in others . but i hear she begins to see her fault , is heartily sorry for it , and promises to do so no more : and why may not popery be as wise , that has also burnt her fingers with the same work ? their praying for ease by law looks as if they chose that rather than power for security ; and if so , why may not the papists live , as well as she reign ? i am none of their advocate , i am no papist , but i would be just and merciful too . however , i must tell her , that keeping the laws on foot , by which she did the mischief , is none of the plainest evidences of her repentance : they that can believe it , have little reason to quarrel the unaccountableness of transubstantiation . is it unjust in popery to invade her priviledges , and can it be just in her to provoke it , by denying a christian liberty ? or can she expect what she will not give ? or not do as she would be done by , because she fears others will not observe the same rule to her ? is not this doing evil that good may come of it , and that uncertain too , against an express command as well as common charity ? but to speak freely , whether we regard the circumstances of the king , the relation of his children , the inequality of the number and strength of those of each of their communions , we must conclude , that the aversion of the church of england to this intreated liberty , cannot reasonably be thought to come from the fear she has of the prevalency of popery , but the loss of that power the law gives her to domineer over all dissenters . and is not this a rare motive for a christian church to continue penal laws for religion ? if her piety be not able to maintain her upon equal terms , methinks her having so much the whip hand and start of all others , should satisfy her ambition , and quiet her fears ; for 't is possible for her to keep the churches if the laws were abolished ; all the difference is , she could not force : she might perswade and convince what she could : and pray , is not that enough for a true church , without goales , whips , halters and gibbets ? o what corruption is this that has prevail'd over men of such pretensions to light and conscience ? that they do not , or will not , see nor feel their own principles one remove from themselves ; but sacrifice the noblest part of the reformation to ambition , and compel men to truckle their tender consciences to the grandure and dominion of their doctors . but because the sons of the church of england keep at this time , such a stir in her favour , and fix her excellency in her opposition to popery , it is worth while to consider a little further , if really the most feared and disagreeable part of popery in her own opinion , does not belong to her , and if it does , should we not be in a fine condition , to be in love with our fetters , and to court our misery ? that part of popery which the church of england with most success objects against , is her violence . this is that she can only pretend to fear : her doctrines she partly professes or thinks she can easily refute . she does not think her doctors conjurers ▪ for their transubstantiation , or dangerous to the state for their beads , or their purgatory . but forcing others to their faith , or ruining them for refusing it , is the terrible thing we are taught by her to apprehend . now granting this to be the case , in reference to the roman religion , where it is in the chair : i ask , if the church of england , with her better doctrines , has not been guilty of this impiety , and for that cause more blameable the the church she opposes so much ? if we look into her acts of state , we find them many , and bitter , against all sorts of dissenters . there is nigh twenty laws made , and yet in force , to constrain conformity , and they have been executed too , as far and as often as she thought it fit for her interest to let them . some have been hang'd , many banish't , more imprisoned , and some to death ; and abundance impoverish't ; and all this meerly for religion : tho , by a base and barbarous use of words , it has been call'd treason , sedition , routs and riots ; the worst of aggravations , since they are not contented to make people unhappy for their dissent , but rob them of all they had left , their innocency . this has been her state craft , to coin guilt , and make men dangerous , to have her ends upon them . but that way of palliating persecution , by rendring a thing that it is not , and punishing men for crimes they never committed , show but little conscience in the projectors . the church of england crys out against transubstantiation , because of the invisibility of the change. she don't see christ there , and therefore he is not there , and yet her sons do the same thing . for tho all the tokens of a riot are as invisible in a dissenters meeting , as christ in the transubstantiation , yet it must be a riot without any more to do : the english of which is , 't is a riot to pray to god in the humblest and peaceablest manner in a conventicle . i know it is said , the blood-shed in the fore-going raign , and the plots of the papists against queen elizabeth , drew those laws from the church of england . but this was no reason why she should do ill because they had done so : besides , it may be answered , that that religion having so long intermixt it self with worldly power , it gave way to take the revenges of it . and certainly the great men of the church of england endeavouring to intercept queen mary , by proclaiming the lady jane gray , and the apprehension the papists had of the better title of mary queen of scots , together with a long possession , were scurvy temptations to kindle ill designs against that extraordinary queen . but tho nothing can excuse and less justifie those cruel proceedings ; yet if there were any reason for the laws , it is plainly removed ; for the interests are joyn'd , and have been since king james the first came to the crown . however , 't is certain there were laws enough , or they might have had them , to punish all civil enormities , without the necessity of making any against them as papists . and so the civil government had stood upon its own legs , and vices only against it had been punishable by it . in short , it was the falsest step that was made in all that great queens raign , & the most dishonourable to the principles of the first reformers , and therefore i know no better reason why it should be continued , than that which made the cardinal in the history of the council of trent oppose the reformation at rome ; that tho it was true that they were in the wrong , yet the admitting of it approved the judgment of their enemies , and so good-night to infallibility . let not this be the practice of the church ▪ of england , and the rather , because she does not pretend to it : but let her reflect , that she has lost her king from her religion , and they that have got him , naturally hope for ease for theirs by him , that 't is the end they labour'd , and the great use they have for him , and i would fain wonder that she never saw it before ; but whether she did or no , why should she begrudg it , at least refuse it now ? since 't is plain , that there is nothing we esteem dangerous in popery that other laws are not sufficient to secure us from : have we not enough of them ? let her think of more , and do the best she can to discover plotters , punish traitors , suppress the seditious , and keep the peace better than those we have can enable us to do : but , for gods sake , let us never direct laws against men for the cause of religion , or punish them before they have otherwise done amiss . let mens works , not their opinions , turn the edg of the magistrates sword against them , else 't is beheading them before they are born. by the common law of this kingdom there must be some real and proper overt act that proves treason ; some malice that proves sedition ; and some violent action that proves a rout or riot . if so , to call any sort of religious orders , the one , or praying to god in a way out of fashion , the other , is prepostrous , and punishing people for it , down right murther , or breach of the peace , according to the true use of words , and the old law of england . if the church of england fears the growth of popery , let her be true to the religion she owns , and betake her self to faith , rather than force , by a pious , humble , and a good example : to convince and perswade , which is the highest honour to any church , and the greatest victory over men. i am for a national church as well as she , so it be by consent , and not by constraint . but coercive churches have the same principle , tho not the same interest . a church , by law established , is a state church , and that is no argument of verity , unless the state that makes her so be infallible ; and because that will not be asserted , the other can never oblige the conscience , and consequently the compulsion she uses , is unreasonable . this very principle justifies the king of france , and the inquisition . for laws being equally of force in all countries where they are made , it must be as much fault in the church of englands judgment to be a protestant at rome , or a calvanist at paris , as to be a papist at london : then where is truth or conscience but in the laws of countries ! which renders her an hobbist , notwithstanding her long and loud clamours against the leviathan : i beg her , for the love of christ , that she would think of these things , and not esteem me her enemy for performing the part of so good a friend . plain dealing becomes that caracter ; no matter whether the way be agreeable , so it be right : we are all to do our duty , and leave the rest to god : he can best answer for our obedience , that commands it ; and our dependance upon his word , will be our security in our conduct . what weight is it to a church , that she is the church by law established , when no humane law can make a true church ? a true church is of christs making , and is by gospel established . 't is a reflection to a church that would be thought true , to stoop to humane law for her establishment . i have been often scandal'd at that expression from the sons of the church of england , especially those of the robe , what do you talk for ? our religion is by law established , as if that determin'd the question of its truth against all other perswasions . the jews had this to say against our saviour , we have a law , and by our law he ought to dye . the primitive christians , and some of our first reformers dyed as by law established , if that would mend the matter ; but does that make it lawful to a christian conscience ? we must ever demur to this plea. no greater argument of a churches defection from christianity than turning persecutor . 't is true , the scripture says , the earth shall help the woman , but that was to save her self , not to destroy others : for 't is the token that 's given by the holy ghost of a false church ; that none must buy or sell in her dominions that will not receive her mark in their forehead , or right-hand . that is by going to church against conscience , or bribing lustily to stay at home . things don't change , tho men do . persecution is still the same , let the hand alter never so often ; but the sin may not : for doubtless it is greatest in those that make the highest claim to reformation . for while they plead their own light for doing so , they hereby endeavour to extinguish anothers light that can't concur . what a man can't do , it is not his fault he don't do , nor should he be compell'd to do it , and at least of all be punished for not doing it . no church can give faith , and therefore can't force it ; for what is constrain'd is not believed ; since faith is in that sence free , and constraint gives no time to assent ; i say , what i don't will is not i , and what i don't choose is none of mine , and anothers can't save me , tho it should save him . so that this method never obtains the end design'd , since it saves no body , because it converts no body ; it may breed hypocrisie , but that is quite another thing than salvation . what then is the use of penal laws ? only to show the sincerity of them that suffer , and cruelty of those that make and execute them . and all time tells us they have ever fail'd those that have lean'd upon them : they have always been loosers at last : besides , it is a most unaccountable obstinacy in the church of england to stickle to uphold them , for after having made it a matter of religion and conscience to address the late king in behalf of this , to think he should leave his conscience behind him in flanders , or when they waited on him to the crown , that he should send it thither upon a pilgrimage , is want of wit at best , pardon the censure . could they conscientiously oppose his exclusion for his religion , and now his religion because he will not leave it ? or can they reasonably maintain those tests that were contrived to exclude him when duke of york , while they endured none to hinder him from the crown ? i heartily beg the church of englands excuse , if i say i can't comprehend her : perhaps the fault is mine , but sure i am she is extreamly dark . how could she hope for this king without his conscience ? or conceive that his honour or conscience would let him leave the members of his communion under the lash of so many destroying laws ? would she be so serv'd by a prince of her own religion , and she in the like circumstances ? she would not , let her talk till dooms-day . to object the kings promise , when he came to the crown , against the repeal of the penal laws , shows not his insincerity , but her uncharitableness , or that really she has a very weak place : for it is plain the king first declared his own religion , and then promised to maintain hers ; but was that to be without , or together with his own ? his words shows he intended that his own should live , tho t'other might raign . i say again , it is not credible that a prince of any sincerity can refuse a being to his own religion , when he continues another in its well being . this were to act upon state not conscience , and to make more conscience to uphold a religion he cannot be of , than of giving ease to one his conscience obliges him to be of . i cannot imagin how this thought could enter into any head that had brains , or heart that had honesty ▪ and to say true , they must be a sort of state consciences , consciences as by law establish'd , that can follow the law against their convictions . but this is not all i have to observe from that objection : it implies too evidently , first , that she thinks her self shaken , if the penal laws be repeal'd ; then by law established she must mean , established by those penal laws . secondly , that the king having promised to maintain her , as by law established , he ought not to endeavour their repeal by which she is established . i confess this is very close arguing , but then she must not take it ill , if all men think her ill founded ; for any thing must be so , that is established by destroying laws ? laws , that time and practice have declared enemies to property and conscience . o let her not hold by that charter , nor point thither for her establishment and defence , if she would be thought a christian church . plutarch had rather one should think there never was such a man in the world , than that plutarch was an ill man. shall the church of england , that glories in a great light , be more concern'd for her power , than her credit ? to be , than to be that which she should be ? i would say , far be it from her , for her own sake , and which is of much more moment , for the sake of the general cause of religion . let us see therefore if there be not another way of understanding those words , more decent to the king , and more honourable for her , viz. that she is in the national chair , has the churches and revenues , and is mother of those that do not adhere to any separate communion , and that the king has promised to maintain her in this post from the invasions of any other perswasion that would wrest these priviledges out of her hands : this he promised formerly ; this he has very particularly repeated in his gracious declaration : but to ruin men that would not conform , while himself was so great a dissenter , and came such , to her knowledge , to the crown , can be no part of his promises in the opinion of common sence and charity . is there no difference to be observed between not turning her out , and destroying all others not of her communion : he will not turn her out , there 's his promise , and he has not done there 's his performance : nor will he do it , am confident , if she pleases . but there is no manner of necessity from this engagement that all parties else are to be confounded . tho if it were so , 't is ill divinity to pr●ss such promises upon a princes conscience , that can't be perform'd with a good one by any body . let her remember how often she has upbraided her dissenters with this , render to caesar the things that are caesars , whilst they have returned upon her t'other half of the text , and render unto god the things that are gods. it happens now that god and caesar are both of a mind , which perhaps does not alwayes fall out , at least about the point in hand . will she dissent from both now ? her case , believe me , will be doubtful then . i beg her to be considerate . 't is the greatest time of tryal she has met with since she was a church ▪ to acquit her self like a member of christs universal one let her keep nothing that voids her pretentions . the babilonish garment will undo her . practices inconsistant with her reformation will ruin her . the martyrs blood won the day , and her severity has almost lost it . they suffer'd by law , she makes laws for suffering . is this an immitation of their practice , to uphold the weapons of their destruction ? i must tell her , 't is being a martyr for persecution , and not by it . another path then that the holy ancients , and our humble ancestors trod , and which wll lead her to be deserted and contemn'd of every body that counts it safer to follow the blessed rule and practice of christ and his inspr'd messengers , then her narrow and worldly policies . but that which heighthens the reproach , is the offer of the romanists themselves to make a perpetual civil peace with her , and that she refuses , would the martyrs have done this ? surely no. let her remember the first argument honest old fox advances against that church , is the church of englands present darling , viz. penal laws for religion ; as she may see at the beginning of his first volumn : doubtless he was much in the right , which makes her extreamly in the wrong . nothing , says the prophet , must harm in gods holy mountain , and that 's the church sayes fox , and therefore he says , christ's church never persecutes . leave then god with his own work , and christ with his own kingdom . as it is not of the world , let not the world touch it ; no , not to uphold it , tho they that bear it should trip by the way . remember vzza , he would needs support the ark when the oxen stumbled ; but was struck dead for his pains . the presumption is more than parralel . christ promis'd to be present with his church to the end of the world. he bid them fear not , and told them , that sufficient was the day for the evil thereof . how ? with penal laws ? no such matter ; but his divine persence . therefore it was , he call'd not for legions to fight for him , because his work needed it not they that want them have an other sort of work to do : and 't is too plain , that empire , and not religion , has been too much the business . but , o let it not be so any more ! to be a true church is better then to be a national one ; especially as so uphold . press vertue , punish vice , dispence with opinion ; perswade , but don't impose . are there tares in opinion ? let them alone ; you heard they are to grow with the wheat till harvest , that is , the end of the world. should they not be pluckt up before ? no ; and 't is angles work at last too . christ that knew all men , saw no hand on earth fit for that business . let us not then usurp their office besides , we are to love enemies ; this is the great law of our religion ; by what law then are we to persecute them ? and if not enemies , not friends and neighbours certainly . the apostle rejoyced that christ was preached out of envy , if so , i am sure we ought not to envy christians the enjoyment of the liberty of their consciences . christianity should be propagated by the spirit of christianity , and not by violence or persecution , for that 's the spirit of antichristianity . nor for fear of it , should we , of christians , become antichristians . where is faith in god ? where is trust in providence ? let us do our duty , and leave the rest with him ; and not do evil that good may come of it ; for that shows a distrust in god , and a confidence in our own inventions for security . no reason of state can excuse our disobedience to his rule ; and we desert the principles of our heavenly master when we decline it . the question is about conscience , about this we can none of us be too tender nor exemplary . 't is in right doing that christians can hope for success ; and for true victory only through faith and patience . but if to avoid what we fear , we contradict our principles , we may justly apprehend that god will desert us in an unlawful way of maintaining them . perhaps this may be gods time of trying all parties , what we will do ; whether we well rely upon him or our own feeble provisions ; whether we will allow what we our selves in our turn have all of us desired ; if not , may we not expect to suffer the thing we would inflict ? for our penal laws cannot secure us from the turns of providence , and less support us under them . let us consider the true ground of the difficulty that is made , if it be not partial and light in gods scale ; for to that tryal all things must come , and his judgment is inevitable as well as infallible . besides , if we have not tryed all other methods , we are inexcusable in being so tenacious for this . i do therefore , in all humility , beseech all sorts of professors of christianity in these kingdoms , to abstract themselves from those jealousies which worldly motives are apt to kindle in their minds , and with an even and undisturbed soul pursue their christian duty in this great conjuncture : considering the race is not to the swife , nor the battle to the strong , and that for all our watchmen , 't is god alone ( at last ) that keeps the city . not that i would decline a fitting , but an unchristian provision : for though the foundation were never so true , yet if our superstructure be hay and stuble ( our own narrow devices ) the fire will consume it , and our labour will be worse then in vain . let us not therefore sow what we would not reap , because we must reap what we sow : and remember who told us , what we measure to others shall be meeted to us again . let us therefore do unto all parties of men , as we would be done unto by them in their tu●n of power : least our fear of their undutifulness , should tempt us out of our duty , and so draw upon our selves the mischiefs we are afraid of . sacred writ is full of this , in the doctrine of both testaments ; and as we profess to believe it , we are inexcusable if we do not practice it . let the spirit then of christian religion prevail . let our policies give way to our duty , and our fears will be overcome of our hopes , which will not make us asham'd at the last and great judgment : where , o god! let us all appear with comfort . i could yet enlarge upon this subject ; for nothing can be more fruitful . i could say , that a church that denies infallibility , cannot force , because she cannot be certain , and so penal laws ( tho it were possible that they could be lawful in others ) in her , would be vnjust . that scripture leaves men to conviction and perswasion . that the true chruch-weapons are light and grace ; and her punishments , censure and excommunication . that goals and gibbets are inadiquated methods for conversion , and that they never succeeded . that this forbids all further light to come into the world , and so limits the holy one , which in scripture is made a great sin. and lastly , that such ensnare their own posterity that may be of an other mind , and forfit by it the estates they have so carefully transmitted to them . thus far against imposition . and against compliance ▪ i could say , that it s to betray gods soveraignty over conscience ; to deify men ; gratifie presumption ; foil and extinguish truth in the mind ; obey blindfold ; make over the soul without security ; turn hipocrite , and abundance more ; each of which heads might well merit an whole chapter . but this having been well and seasonably consider'd elsewhere , i shall now proceed to the second part of this discourse in which i will be as brief , and yet as full as i can . part ii. that 't is the principle of men of note of all parties . but what need is there of this , may some say , when all parties profess to be of the same judgment , that conscience ought not to be forced , nor religion imposed upon men at their civil peril ? i own they are all of that mind , at one time or other , and therefore that i may purge my self of any animosity to the doctrine of the church of england , i will ingeniously confess ▪ the severe conduct i have argued against , is not to be imputed to her principles ; but then her evil will be the greater , that in fact has so notoriously contradicted them . i know some of her defenders will hardly allow that too ; tho the more candid give us their silence or confession : for they tell us , 't is not the church that has done it , which , unless they mean , the laws were not made a church , must needs be false , since those that made and executed them were of her own communion , and are that great body of members that constitute her a church ; but by her shifting them off , 't is but reasonable to conclude that she tacitly condemns what she publickly disowns . one would think then it should not be so hard to perswade her to quit them , in the way she made them , or to injoyn her sons to do it , if that language be to harsh for her . this story she must hear of some way , and i pray god she may endeavour to do her duty in it . she is not alone ; for every party in power has too evidently lapst into this evil ; tho under the prevalency and persecution of another interest they have ever writ against club law for religion . and to the end that i may do the reformation right , and the principles of the church of england , justice , i must say , that hardly one person of any note , dyed in the time of queen mary , that did not pass sentance upon persecution as antichristian , particularly latimer , philpot , bradford , rogers , very eminent reformers . the apologies that were writ in those times , are of the same strain , as may be seen in jewel , haddon , reynalds , &c. and the papists were with reason thought much in the wrong by those primative protestants , for the persecution that they raised against them , for matters of pure religion . but what need we go so far back ? is it not recent in memory , that bishop vsher was employ'd to o. cromwell by some of the clergy of the church of england for liberty of conscience ? dr parr , in the life of dr vsher primate of armagh , fol. . has that passage thus . cromwell forbidding the clergy , under great penalties , to teach schools , or to perform any part of their ministerial function ; some of the most considerable episcopal clergy in and about london , desired my lord primate that he would use his interest with cromwell , ( since they heard he pretended a great respect for him ) that as he granted liberty of conscience to almost all sorts of religions , so the episcopal divines might have the same freedom of serving god in their private congregations ( since they were not premitted the publick churches ) according to the liturgie of the church of england ; and that neither the ministers , nor those that frequented that service , might be any more hindered , or disturbed by his souldiers : so according to their desire , he went and used his utmost endeavours with cromwell , for the taking off this restraint , which was at last promised ( tho with some difficulty ) that they should not be molested , provided they meddled not with any matters relating to his government . certainly those gentlemen were of my mind . and to give dr hammond his due , who i understand was one of them , he left it to the witnesses of his end , as his dying counsel to the church of england , that they displaced no man out of the university or present church , but that by love , and an holy life they should prevail upon those in possession to come into their church . but this lookt so littie like the policy and ambition of the living , that they resolved it should be buried with him . this i had from an eminent hand in oxford , a year or two after his death . an older man out liv'd him , and one of the most learned and pious of that communion , bishop sande son i mean : they were the two great men of their sort that was of the party . let us see what this reverend man says to our point . the word of god doth expressly forbid us to subject our consciences to the judgment of any other , or to usurp a dominion over the consciences of any one. several cases of conscience discussed in ten lectures in the divinity school at oxford , lect. sect. pag. ● . printed . he is not worthy to be christs disciple , who is not the disciple of christ alone . the simplicity and sincerity of the christian faith , hath suffered a great prejudice since we have been divided into parties , neither is their any hope that religion should be restored to her former original and purity , until the wounds that were made wider by our daily quarrels and dissentions , being anointed with the olye of brotherly love , as with a balsom , shall begin to close again , and to grow entire into the same unity of faith and charity , ibid sect. . the obligation of conscience doth not signifie any compulsion , for , to speak properly , the conscience can no more be compelled than the free-will . ibid . lecture sect. . pag. . the express commandment of god doth oblige the conscience properly by it self and by its own force ; and this obligation is absolute , because it doth directly and always oblige ▪ and because it obligeth all persons ▪ and the obligation of it is never to be cancelled . no●e but god alone hath power to impose a law upon the conscience of any man , to which it ought to be subjected , as obliging by it s●lf , — this conclusion is proved by the words of the apostle , there is but one law-giver , who can both save and destroy , in which words two arguments do profer themselves to our observation ; in the first place they assert there is but one legislator ; not one picked out amongst many ; not one above many ; but one exclusively , that is to say , one , and but one only . the apostle otherwise had made use of a very ineffectual argument , to prove what he had propounded ; for he rebuketh those who unadvisedly did pass their judgment either on the persons , or the deeds of other men , as the invaders of their rights . who art thou ( saith he ) who dost judge another ? as if he should have said , dost thou know thy self , what thou art , and what thou dost ? it doth not belong to thee to thrust thy sawcy sickle into the harvest of another man , much less boldly to fling thy self into the throne of almighty god. if already thou art ignorant of it , then know , that it belongeth to him alone to judge of the consciences of men , to whom alone it doth belong to impose laws upon the consciences of men , which none can do but god alone . ibid pag. , , . the condition and natural estate of the conscience it self is so placed as it were in the middle betwixt god and the will of man , as that which is usually and truly spoken of kings and emperors , may as truly be verified of the consciences of every man , solo deo minores esse , nec aliquam in terris superiorem ag noscere ; they are less than god only , and on earth do acknowledge no superior . that speech of the emperor maximilian the first is very memorable , consciencij dominari velle , est arcem coeli invadere ; to exercise a domination over consciences , is to invade the tower of heaven . he is a plunderer of the glory of god , and a nefarious invader of the power that is due unto him , whosoever he is that shall claim a right to the consciences of men , or practice an usurpation over them . ibid. sect. . pag. . and yet this is the sad consequence of imposing religion upon conscience , and punishing non-conformity with worldly penalties . let us now hear what the late bishop of down says in his lib. of prophesie to our point , i am very much displeased that so many opinions and new doctrines are commenced amongst us , but more troubled , that every man that hath an opinion thinks his own and other mens salvation is concerned in its maintenance , but most of all , that men should be persecuted and afflicted for disagreeing in such opinions , which they cannot with sufficient grounds obtrude upon others necessarily , because they cannot propound them infallibly , and because they have no warrant from scripture so to do ; for if i shall tye other men to believe my opinion , because i think i have a place of scripture which seems to warrant it to my understanding ; why may he not serve up another dish to me in the same dress , and exact the same task of me to believe the contradictory ? liberty of prophesie , epist . dedic . pag. , . the experience which christendom hath had in this last age is argument enough that toleration of differing opinions is so far from disturbing the publick peace , or destroying the interest of princes and common-wealths , that it does advantage to the publick , it secures peace , because there is not so much as the pretence of religion left to such persons to contend for , it being already indulged to them . ibid. p. . it is a proverbial saying , quod nimia familiaritas servorum est conspiratio adversus dominum , and they who for their security run in grots and cellers , and retirements , think that they being upon the defensive , those princes and those laws that drive them to it are their enemies , and therefore they cannot be secure , unless the power of the one , and the obligation of the other be lessened and rescinded ; and then the being restrained and made miserable indears the discontented persons mutually , and makes more hearty and dangerous confederations . ibid. pag. . no man speaks more unreasonably , than he that denies to men the use of their reason in choice of their religion . ibid. pag. . no christian is to be put to death , dis-membred , or otherwise directly persecuted for his opinion , which does not teach impiety or blasphemy . ibid. pag. . there is a popular pity that follows all persons in misery and that compassion breeds likeness of affections , and that very often produces likeness of perswasion ; and so much the rather because there arises a jealousie and pregnant suspition that they who persecute an opinion are destitute of sufficient arguments to confute it , and that the hangman is the best disputant . ibid. pag. , . if a man cannot change his opinion when he lists , nor ever does heartily or resolutely , but when he cannot do otherwise , then to use force , may make him a hypocrite , but never to be a right believer , and so instead of erecting a trophee to god and true religion , we build a monument for the devil . ibid. pag. . the trick of giving persons differing in opinion over to the secular power , at the best is no better than hypocrisie , removing envy from themselves , and laying it upon others , a refusing to do that in external act , which they do in council and approbation . ibid. pag. . thus far bishop tayl●r , and one of the most learned men of the church of england in his time . let me add another bishop , held learn'd by all , and in great reputation with the men of his communion , and among them the lords spiritual and temporal in parlioment assembled , who have sufficiently declared against this persecuting spirit on the account of religion by their full approbation of , and thanks returned to the bishop of st asaph for his sermon preached before them november the th . . and their desire that he would print and publish that sermon . the bishop says , that , they who are most given to hate and destroy others , especially those others who differ from them in religion , they are not the church of god , or at least they are so far corrupt in that particular . pag. . again he says , that of societies of men , christians , of all others are most averse from ways of violence and blood ; especially from using any such ways upon the account of religion : and among christian churches , where they differ among themselves , if either of them use those ways upon the account of religion , they give a strong presumption against themselves that they are not truly christians . ibid. pag. . there is reason for this , because , we know that christ gave love for the caracter by which his disciples were to be known . john . . by this shall all men know that you are my disciples , if you have love to one another . and least men should unchristen others first , that they may hate them , and destroy them afterwards , christ enlarged his precept of love , and extended it even to enemies , and not only to ours , but to the enemies of our religion , matt. . , . ibid. pag. . as our holy religion excels all others in this admirable temper , so by this we may usually judge who they are that excel among christian churches , when there happens any difference between them , whether touching the faith , or the terms of communion . they that were the more fierce , they generally had the worst cause . ibid. pag. , . the council of nice suppressed the arians by no other force , but putting arians out of their bishopricks ; they could not think hereticks fit to be trusted with cure of souls ; but otherwise , as to temporal things , i do not find that they inflicted any kind of punishment ; but when the arians came to have the power in their hands , when theirs was come to be the imperial religion , then depriving was nothing , banishment was the least that they inflicted . ibid. pag. . neither our religion , nor our church , is of a persecuting spirit . i know not how it may be in particular persons ; but i say again , it is not in the genius of our church : she hath no doctrine that teacheth persecution . ibid. pag. . i would have no man punished for his religion , no not them that destroy men for religion . ibid. pag. . dr stillingfleet comes short of none of them on this subject . our saviour , says he , never pressed followers as men do souldiers , but said , if any man will come after me , let him take up his cross ( not his sword ) and follow me . his was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , his very commands shewed his meekness ; his laws were sweet and gentle laws ; not like draco's that were writ in blood , unless it were his own that gave them . his design was to ease men of their former burdens , and not lay on more ; the duties he required were no other but such as were necessary , and withal very just and reasonable . he that came to take away the insupportable yoke of jewish ceremonies , certainly did never intend to gall the necks of his disciples with another instead of it . and it would be strange the church should require more than christ himsel● did ; and make other conditions of her communion , than our saviour did of discipleship . what possible reason can be assigned or given why such things should not be sufficient for communion with a church , which are sufficient for eternal salvation ? and certainly those things are sufficient for that ; which are laid down as necessary duties for christianity by our lord and saviour in his word . what ground can there be why christians should not stand upon the same terms now which they did in the time of christ and his apostles ? was not religion sufficiently guarded and fenced in ●hem ? was there ever more true and cordial reverence in the worship of god ? what charter hath christ given the church to bind men up to more than himself hath done ? or to exclude those from her society who may be admitted into heaven ? will christ ▪ ever thank men at the great day for keeping such out from communion with his church , when he will vouchsafe not only crowns of glory to , but it may be aureolae too , if there be any such things there ? the grand commission the apostles were sent out with , was only to teach what christ had commanded them . not the least intimation of any power given them to impose or require any thing beyond what himself had spoken to them , or they were directed to by the immediate guidance of the spirit of god. without all controversie , the main inlet of all the distractions , confusions and divisions of the christian world , hath been by adding other conditions of church communion than christ hath done . there is nothing the primitive church deserves greater imitation by us in , than in that admirable temper , moderation and condesention which was used in it towards all the members of it . this admirable temper in the primitive church might be largely cleared from that liberty they allowed freely to dissenters from them in matters of practice and opinion ; as might be cleared from cyprian , austin , jerome , and others . — leaving the men to be won by observing the true decency and order of churches , whereby those who act upon a true principle of christian ingenuity may be sooner drawn to a compliance in all lawful things , than by force and rigorous impositions , which make men suspect the weight of the thing it self , when such force is used to make it enter . in preface . the same is in effect declared by the house of commons , when they returned their thanks to dr. t●llotson , dean of canterbury , for his sermon preached before them november the th . . desiring him to print that sermon , where he says , upon our saviours words , ye know not what manner of spirit ye are of , ye own your selves to be my disciples , but do you consider what spirit now acts and governs you ? not that surely which my doctrine designes to mould and fashion you into , which is not a furious and persecuting , and destructive spirit , but mild and gentle , and saving ; tender of the lives and interests of men , even of those who are our greatest enemies . pag. , . no difference of religion , no pretence of zeal for god and christ can warrant and justifie this passionate and fierce , this vindictive and exterminating spirit . ibid. pag. . he ( i. e. christ ) came to introduce a religion , which consults not only the eternal salvation of mens souls , but their temporal peace and security , their comfort and happiness in this world , ibid ▪ pag. . in seemed good to the author of this institution to compel no man to it by temporal punishment . ibid. pag. . to seperate goodness and mercy from god , compassion and charity from religion , is to make the two best things in the world , god and religion , good for nothing . idid . pag. . true christianity is not noly the best , but the best natured institution in the world ; and so far as any church is departed from good nature , and become cruel and barbarous , so far it is degenerated from christianity . idid . pag. . thus far dr tillotson , who to be sure , deserves not to be thought the least eminent in the present church of england . let us hear what doctor burnet says to it . men are not masters of their own perswasions , and cannot change their thoughts as they please ; he that believes any thing concerning religion , cannot turn as the prince commands him , or accomodate himself to the law or his persent interests , unless he arrive at that pitch of atheism , as to look on religion only as a matter of policy , and an engine for civil government ; dr burnet's history of the rights of princes , &c. in his preface , pag. . 't is to this doctor 's pains she ows the very history of her reformation , and as by it he has perpetuated his name with hers , certainly he must have credit with her , or we can deserve none with any body else , for no man could well go further to oblige her . let me here bring in a lay member of the church of england , sir robert pointz , in his vindication of monarchy , who yeilds us an excellent testimony to the matter in hand , the sword availeth little with the souls of men , unless to destroy them together with their bodies , and to make men desperate , or dissemblers in religion , and when they find oppertunity to fall into rebellion , as there are many examples . p. . in the ancient times of christianity , such means were not used as might make hereticks and schismaticks more obstinate than docible , through the preposterous proceedings of the magistrates and ministers of justice in the execution of penal laws , used rather as snares for gaining of money and pecuniary mulcts impos'd , rather as prices set upon offences , than as punishments for the reformation of manners ▪ ibid. pag. . the ancient christians were forbidden by the imperial law , as also by the laws of other christian nations , under a great penalty to meddle with the goods of the jews or pagans living peaceably ibid. pag. . for , the goods of the jews , although enemies to the christian religion , cannot for the cause of religion come , by escheat unto christian princes , under whom they live . ibid. pag. . it is truly said , that peace , a messenger whereof , an angel hath been chosen to be , is scarce ever established by the sword ; and the gospel , the blessed peace , cannot be published by the sound of the cannon ; neither the sacred word be conveyed unto us by the impious hands of souldiers ; neither tranquility be brought to the persons and consciences of men , by that which bringeth ruin unto nations . ibid. pag. . he has said much in a little , the talent and honour of men truly great . i give this still to the church of englands principles , which yet makes it harder for her to justifie her practice in her use of power . but let us hear a king speak , and one the church of england is bound to hear by many obligations . king charles the first , out of his tender and princely sence of the sad and bleeding condition of the kingdom , and his unwearied desires to apply such remedies , as by the blessing of almighty god , might settle it in peace ; by the advice of his lords and commons of parliament assembled at oxford , propounded and desired , that all the members of both houses might securely meet in a full and free convention of parliament , there to treat , consult and agree upon such things , as may conduce to the maintenance and defence of the reformed protestant religion , with due consideration to all just and reasonable ease to tender consciences . the kings message of a treaty , march . . from oxford , superscribed to the lords and commons of parliament assembled at westminster . in the kings twentieth message for peace , january . . he has these words , that by the liberty offered in his message of the th . present , for the ease of their consciences who will not communicate in the service already established by act of parliament in this kingdom , he intends that all other protestants behaving themselves peaceable in and towards the civil government , shall have the free exercise of their religion according to their own way . in the thirty third message for peace , november . . there are these words , his majesty considering the great present distempers concerning church discipline , and that the presbyterian government is now in practice , his majesty to eschew confusion , as much as may be , and for the satisfaction of his two houses , is content that the said government be legally permitted to stand in the same condition it now is , for three years ; provided , that his majesty and those of his judgment ( or any other who cannot in conscience submit thereunto ) be not obliged to comply with the presbyterian government , but have free practice of their own profession without receiving any prejudice thereby . from the isle of wight . in his declaration to all his people , january . . from carisbrook castle , after the votes of no address , he says , i have sacrificed to my two houses of parliament , for the peace of the kingdom , all , but what is much more dear to me then my life , my conscience and my honour . in his letter to the lords , gentlemen and committee of the scotch parliament , together with the officers of the army , july . . from carisbrook castle . — as the best foundation of loyalty is christianity , so true christianity is perfect loyalty . vi. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon his majesties retirement from westminster . — sure it ceases to be counsel , when not reason is used , as to men to perswade , but force and terror as to beasts , to drive and compel men to whatever tumultary patrons shall project . he deserves to be a slave without pity or redemption , that is content to have his rational soveraignty of his soul , and liberty of his will and words so captivated . — again , ibid. sure that man cannot be blameable to god or man , who seriously indeavours to see the best reason of things , and faithfully follows what he takes for reason ; the uprightness of his intentions will excuse the possible failings of his understanding . — again , ibid. i know no resolutions more worthy a christian king , then to prefer his conscience before his kingdoms . xii . upon the rebellion and troubles in ireland , — some kind of zeal counts all merciful moderation lukewarmness , and had rather be cruel than accounted cold , and is not seldom more greedy to kill the bear for her skin , than for any harm he hath done . — ibid , o my god , thou seest how much cruelty among christians is acted under the colour of religion , as if we could not be christians unless we crucifie one another . xiii . upon the calling the scots and their coming . — sure in matters of religion those truth 's gain most on mens judgments and consciences which are least urged with secular violence , which weakens truth with prejudices ; and is unreasonable to be used , till such means of rational conviction hath been appli'd , as leaving no excuse for ignorance condemns mens obstinacy to deserv'd penalties . — violent motions are neither manly , christian nor loyal . — the proper engine of faction is force ; the arbitrator of beasts , not of reasonable men , much less of humble christians and loyal subjects , in matters of religion . xiv . upon the covenant . — religion requires charity and candor to others of different opinions . — nothing violent and injurious can be religions . xv. upon the many jealousies raised , and scandals cast upon the king to stir up the people against him . — in point of true conscientious tenderness ( attended with humility and meekness , not with proud or arrogant activity , which seeks to hatch every egge of indifferent opinion to faction or schism ) i have oft declared how little i desire my laws and scepter should intrench over gods soveraignty , which is the only king of mens consciences . xxvii . to the prince of wales . — take heed of abetting to any factions ; your partial adhereing to any one side gains you not so great advantages in some mens hearts ( who are prone to be of their kings religion ) as it looseth you in others , who think themselves , and their profession , first despised , then persecuted by you . — my counsel and charge to you is , that you seriously consider the former real or objected miscarriages , which might occasion my troubles , that you may avoid them . — a charitable connivance and christian toleration , often dissipates their strength whom rougher opposition fortifies . — always keep up sollid piety and those fundamental truths ( which mend both hearts and lives of men ) with impartial favour and justice . — your prerogative is best shewed and exercised in remitting rather then exacting the rigour of the law , there being nothing worse than legal tyranny . and as this was the sence and judgment of a king that time and the greatest troubles had inform'd with a superiour judgment , ( and which to be sure highly justifies the measures that are now taken ) so dr. hudson his plain-dealing chaplain must not be forgotten by us on this occasion , who took the freedom to tell his royal master , that he lookt upon the calamities he laboured under , to be the hand of god upon him , for not having given god his due over conscience . one can easily imagin this to be reformation language , and then it is not hard to think how low that church must be fallen , that from so free and excellent a principle , is come to make , execute and uphold penal laws for religion , against her conscientious neighbours ; but it is to be hoped , that like nebuchadnezzar's image , whose feet was a mixture of iron and clay , and therefore could not stand for ever ; persecution will not be able to mix so with the seed of men but that humanity will overcome it , and mankind one day be delivered from that iron hard and fierce nature . i have done with my church of englands evidences against persecution . and for the judgment of all sorts of dissenters in that point , let their practice have been what it will , nothing is clearer than that they disallow of persecution , of which their daily addresses of thanks to the king , for his general ease by his excellent declaration are an undoubted proof . thus then we see it is evident , that it is not only the duty of all parties , as they would be thought christians , to repeal penal laws for religion , but upon a fair enquiry , we see it is the avowed principle of every party at one time or other that conscience ought not to be compel'd , nor religion impos'd upon worldly penalties . and so i come to the third and last part of this discourse . part iii. it is the interest of all parties , and especially the church of england . as i take all men to be unwillingly separated from their interests , and consequently ought only to be sought and discours'd in them , so it must be granted me on all hands , that interests change as well as times , and 't is the wisdom of a man to observe the courses , and humor the motions of his interest , as the best way to preserve it . and least any ill-natur'd or mistaken person should call it temporizing , i make this early provision ; that i mean no immorral or corrupt complyance : a temporizing , deservedly base with men of vertue , and which in all times , my practice as well as judgment hath shown the last aversion to . for upon the principle i now go , and which i lay down , as common and granted in reason and fact with all parties concern'd in this discourse , that man , does not change , that morrally follows his interest under all its revolutions , because to be true to his interest is his first civil principle . i premise this to introduce what i have to offer , with respect to the interests to be now treated upon . and first , i say , i take it to be the interest of the church of england to abolish the penal laws , because it never was her interest to make them . my reasons for that opinion are these . first , they have been an argument to invalidate the sufferings of the reformers , because if it be unlawful to disobey government about matters of religion they were in the wrong . and if they say , o but they were in error that punish'd their non-conformity ; i answer , how can she prove that she is infallibly in the right ? and if this cannot be done , she compels to an uncertainty upon the same terms . secondly , she has overthrown the principles upon which she separated from rome . for if it be unlawful to plead scripture and conscience to vindicate dissent from her communion , it was unlawful for her upon the same plea to dissent from the church of rome , unless she will say again , that she was in the right , but the other in the wrong , and she knows this is no answer , but a begging of the question ; for they that separate from her , think themselves as serious , devout , and as much in the right as she could do . if then conscience and scripture , interpreted with the best light she had , were the ground of her reformation , she must allow the liberty she takes , or she eats her words , and subverts her foundation ; then which nothing can be more destructive to the interest of any beeing , civil or ecclesiastical . thirdly , the penal laws have been the great make-bate in the kingdom from the beginning . for if i should grant that she had once been truly the church of england , i mean , consisting of all the people of england , ( which she was not , for there were divers parties dissenting from the first of her establishment ) yet since it afterwards appear'd she was but one party tho the biggest , she ought not to have made her power more national than her faith , nor her faith so by the force of her temporal authority . 't is true she got the magistrate of her side , but she engaged him too far . for she knew christ did not leave caesar executor to his last will and testament , and that that should be the reason why she did so , was none of the best ornament● to her reformation . that she was but a party , tho the biggest , by the advantages that temporal power brought her , i shall easily prove , but i will introduce it with a short account of our state-reformation here in england , henry the eighth , was a kind of hermophredite in religion , or in the language of the times , a trimmer ; being a meddly of papist and protestant , and that part he acted to the life , or to the death rather ; sacrificing on the same day men of both religions , because one was not protestant enough , and t'other papist enough for him . in this time were some anabaptists , for the distinction of church of england , and calvanist was not then known . edward the sixth succeeded , a prince that promised vertues , that might more than ballance the excesses of his father , and yet by arch-bishop cranmer , was compelled to sign a warrant to burn poor joan of kent , a famous woman , but counted an enthusiast : but to prove what i said of him , 't was not without frequent denials and tears , and the bishop taking upon him to answer for it at gods judgment ; of which i hope his soul was discharged , tho his body , by the same law , suffered the same punishment in the succeeding reign . thus even the protestants begun with blood for meer religion , and taught the romanists , in succeeding times , how to deal with them . at this time the controversie grew warm between the church of england and the calvanists , that were the abler preachers and the better livers . the bishops being mostly men of state , and some of them looking rather backward then forward , witness the difficulty the king had to get hooper consecrated bishop , without conformity to the reserved ceremonies . queen mary came in , and ended the quarrel at the stake ▪ now ridly and hooper hug , and are the dearest brethren and best friends in the world. hooper keeps his ground , and ridly stoops with his ceremonies to t'others further reformation . but this light and union flow'd from their persecution : for those abroad at frankford , and other places were not upon so good terms : their fewds grew so great that the one refused communion with the other , many endeavours were used to quench the fire , but they were ineffectual ; at best it lay under the ashes of their affliction for another time ; for no sooner was queen elizabeth upon her throne then they returned , and their difference with them . they managed it civilly for a while , but ambition in some , and covetousness in others on the one hand , and discretion giving way to resentment on the other , they first ply the queen and her ministers , and when that ended in favour of the men of ceremony , the others arraigned them before the first reformers abroad , at geneva , bazil , zurich , &c. the leading prelates by their letters , as doctor burnet lately tells us , in his printed relation of his travels , clear themselves to those first doctors of any such imputation , and lay all upon the queen , who for reasons of state would not be brough to so inceremonious a way of worship as that of the calvanists . at this time there were papists , protestants , evangelists , praecisians , vbiquitists , familists or enthusiasts and anabaptists in england ; when the very first year of her reign , a law for vniformity in worship and discipline was enacted , and more followed of the severest nature , and sometimes executed . thus then we see ▪ that there never was such a thing as a church of england since the days of popery , that is , a church of communion containing all the people of the kingdom , and so cannot be said to be so much as a twin of the reformation ; nevertheless she got the blessing of the civil magistrate . she made him great to be great by him : if she might be the church , he should be the head. much good may the bargain do her . now is the time for her to stand to her principle . i never knew any body exceed their bounds that were not met with at last . if we could escape men , god we cannot , his providence will overtake us , and find us out . by all this then it appearing , that the church of england was not the nation , the case is plain that the penal laws were a make-bate , for they sacrificed every sort of people whose consciences differed from the church of england ; which first put the romanist upon flattering prerogative , and courting its shelter from the wrath of those laws . the address could not be unpleasant to princes ; and we see it was not ; for king james , that came in with invectives against popery , entring the list with the learn'd of that church , and charging her with all the marks the revelation gives to that of antichrist , grew at last so tame and easy towards the romanists , that our own story tells us of the fears of the encrease of popery in the latter parliament of his reign . in king charles the first 's time , no body can doubt of the complaint , because that was in great measure the drift of every parliament , and at last one reason of the war. on the other hand the severity of the bishops against men of their own principles , and in the main , of their own communion , either because they were more zealous in preaching , more followed of the people , or could not wear some odd garment , and less , lead the dance on a lords day at a maypole , ( the relique of flora the roman strumpet ) or perhaps for rubbing upon the ambition , covetousness and laziness of the dignified , and ignorance and loosness of the ordinary clergy of the church ( of which i could produce five hundred gross instances ) i say these things breed bad blood , and in part , gave beginnings to those animosities , that at last broke forth , with some other pretences into áll those national troubles that agitated this poor kingdom for ten years together , in which the church of england became the greatest looser , her clergy turn'd out ▪ her nobility and gentry sequestred , decimated , imprisoned , &c. and whatever she is pleased to think , nothing is truer , then that her penal laws , and conduct in the star-chamber , and high commission court in matters of religion , was her overthrow . 't is as evident , the same humour since the restoration of the late king , has had almost the same effect . for nothing was grown so little and contemptible as the church of england in this kingdom she now intitles her self the church of : witness the elections of the last three parliaments before this , i know it may be said the persons chosen were church goers ; i confess it , for the law would have them so . but no body were more avers to the politicks of the clergy ; insomuch that the parson and the parish almost every where divided upon the question of their election . in truth , it has been the favour and countenence of the crown , and not her intrinsick interest or value , that has kept her up to this day ; else her penal laws , the bulwork of the church of england , by the same figure , than she is one against popery , had sunk her long since . i hope i may , by this time , conclude , without offence , that the penal laws have been a make-bate in the great family of the kingdom , setting the father against his children , and brethren against brethren ; not only giving the empire to one , but endeavouring to extinguish the rest , and that for this the church of england has once paid a severe reckoning . i apply it thus : is it not her interest to be careful she does it not a second time ? she has a fair opportunity to prevent it , and keep her self where she is , that is ▪ the publick religion of the country , with the real maintenance of it ; which is a plain preference to all the rest . if she hopes by her aversion to a general ease , to set up for a bulwork against popery , one year will show the trick , and mightily deceive her , and the oppertunity will be lost , and another bargain driven , i dare assure her , mightily to her disadvantage . violence and tyranny are no natural consequences of popery , for then they would follow every where , and in all places and times alike . but we see in twenty governments in germany there is none for religion , nor was not for an age in france , and in poland , the popish cantons of switzerland , venice , lucca , colonia , &c. where that religion is dominant , the people enjoy their ancient and civil rights a little more steadily than they have of late time done in some protestant countries nearer home , almost ever since the reformation . is this against protestancy ? no , but very much against protestants , for had they been true to their principles , we had been upon better terms . so that the reformation was not the fault , but not keeping to it better than some have done ; for whereas they were papists that both obtain'd the great charter and charter of forests , and in the successive reigns of the kings of their religion , industriously laboured the confirmation of them , as the great text of their liberties and properties , by above thirty other laws ; we find almost an equal number to destroy them , and but one made in their favour since the reformation , and that shrowdly against the will of the high church-men too ; i mean the petition of right , in the third year of charles the first . in short , they desire a legal security with us , and we are afraid of it , least it should insecure us ; when nothing can do it so certainly as their insecurity , for safety makes no man desparate . and he that seeks ease by law , therefore does it , because he would not attempt it by force . are we afraid of their power and yet provoke it ? if this jealousie and aversion prevail , it may drive her to a bargain with the kingdom for such general redemption of property , as may desolve our great corporation of conscience , and then she will think that half a loaf had been better than no bread , and that it had been more advisable to have parted with penal laws , that only serv'd to dress her in satyr , then have lost all for keeping them ; especially , when it was but parting with spurs , claws and bills that made her look more like a vulter than a dove , and a lion than a lamb. but i proceed to my next reason , why it is her interest to repeal those penal laws , ( tho a greater cannot be advanced to men than self preservation ) and that is , that she else breaks with a king heartily inclin'd to preserve her by any way that is not persecuting , and whose interest she once persu'd at all adventures , when more than she sees was suggested to her by the men of the interest she opposed in favour of his claim . what then has befallen her , that she changes the course she took with such resolutions of perseverance ? for bringing him to the crown with this religion , could not be more her duty to his title , or her interest to support her own , than it is still , to be fair with him . if she ow'd the one to him and to christianity , she is not less indebted to her self the other . does he seek to impose his own religion upon her ? by no means . there is no body would abhor the attempt , or , at all adventures , condemn it more than my self . what then is the matter ? why he desires ease for his religion , she does not think fit to consider him in this , ( no not to the king she brought with this objection to the crown ) certainly she is much in the wrong , and shews her self an ill courtier ( tho it was become her calling ) first to give him roast-meat , then beat him with the spit . is not this to quit those high principles of loyalty and christianity she valued her self once upon , and what she can , provoke the mischiefs she fears ? certainly this is dividing in judgment from him that she has ackowledged to be her ecclesiastical head. my fifth reason is , that as the making and executing the penal laws for religion affects all the several parties of protestant dissenters as well as the papists ( the judges in vaughhan's time , and he at the head of them , giving it as their opinion , they were equally exposed to those laws ) and that are thereby naturally driven into an interest with them ; so it is at this time greatly the prudence of the church of england to repeal them , for by so doing she divides the interest that self preservation allows all men to persue , that are united by danger : and since she is assured the papists shall not have the less ease in this king's time than if the laws were repeal'd , and that her fears are not of the succeeding raigns , how is their repeal a great insecurity , especially , when by that , she draws into her interest all the protestant dissenters , that are abundantly more considerable than the papists , and that are as unwilling that popery should be national as her self . for if this be not granted , see what reputation follows to the church of england . she tells the king she does not desire his friends should be persecuted , yet the forbearance must not be by declaration to save the government , nor by law to save her ; and without one of these warrants ▪ every civil magistrate and officer in england is perjured that suffers them in that liberty against law. how can she be sincerely willing that should be done , that she is not willing should be done legally ? but sixthly , the church of england does not know but they or some other party may at one time or other prevail . it seems to me her interest to set a good example , and so to bespeak easie terms for her self . i know of none intended , and believe no body but her self can place her so low , yet if it were her unhappiness , i think to have civil property secur'd out of the question of religion , and constraint upon conscience prevented by a glorious magna charta for the liberty of it , were not a thing of ill consequence to her interest . let us but consider what other princes did for their own religion , within the last seven raigns , when they came to the crown , and we cannot think so soft and equal a thing as an impartial liberty of conscience , after all that has been said of a popish successor , an ordinary caracter of a prince , or a mean assurance to us : this ought not to slip her reflection . besides , there is some care due to posterity : tho the present members of her communion may escape the temptation , their children may not : they may change the religion of their education , and conscientiously chuse some other communion . would they submit the fortunes they leave them to the rape of hungry courtiers , biggots and indigent informers , or have their poor posterity impoverisht , banisht or executed for sober and religious dissent ? god knows into whose hands these laws at last may fall , what mischief they may do , and to whom . believe me , a king of the humor of sr j.k. of the west , or sr w.a. of reading , or sr r.b. or sr s.s. of london , would , with such vouchers , quickly make a golgatha of the kingdom . if she thinks her self considerable in number or estate , she will have the more to loose . let her not therefore establish that in the prejudice of others , that may in the hands of others turn to her prejudice . lastly , i would not have her miss the advantage that is design'd her by those that perhaps she thinks worst of . i dare say no body would willingly see the presbyterian in her chair , and yet that may happen to be the consequence of her tenaciousness in a little time . for if the aversion her sons promote by whole sale against popery should prevail , the remains of it in her self are not like to escape that reformation : i mean , her episcopal government , and the ceremonies of her worship , for which she has vext the most consciencious people of this kingdom above an age past . and the presbyterian being a rich , industrious and numerous party , as well among the nobility and gentry , as trading and country people , i cannot see but the next motion , naturally speaking , is like to tend that way ; for other parties , however well esteemed may seem too great a step of reformation at once , and methinks she has tasted enough of that regiment , to be once wise , and keep the ballance in her own hands . and certain it is , that nothing will so effectually do this as the entreated liberty of conscience ; for then there will be four parties of dissenters besides her self , to ballance against any designs that may warp or byass things to their advancement . and that which ought to induce the church of england not a little to hasten , as well as do the thing , is this ; she is now a sort of national church by power , she will then be the publick church by concurrence of all parties . instead of enemies to invade or undermine her , they that should do it are made the friends of her safety by the happiness they enjoy through her complacency : and if any should be so unnatural or ungrateful to her , the interest of the rest will oblige them to be her spys and security against the ambition of any such party . i do heartily pray to god that he would enlighten the eyes of her leaders , and give them good hearts too , that faction may not prevail against charity , in the name of religion : and above all , that she would not be proud of her numbers , or stand off upon that reflection ; for that alone will quickly lessen them in a nation loving freedom as much as this we live in ; and what appears in the town is an ill glass to take a prospect of the country by : there are parishes that have fifteen thousand souls in them and if two come to church it is matter of brag , tho half the rest be sown among the several dissenting congregations of their judgment . i would not have her mistaken , tho popery be an unpopular thing , 't is as certain she of a long time has not been popular , and on that principle never can be : and if she should plow with that heifer now , and gain a little by the aversion to popery ; when it is discern'd that popery does return to the civil interest of the kingdom they will quickly be friends . for besides that we are the easiest and best natur'd people in the world to be appeas'd , there are those charms in liberty and property to english nature that no endeavours can resist or disapoint . and can we reasonably think the romanists will be wanting in that , when they see it is their own ( and perhaps their only ) interest to do so ? these are the arguments which , i confess , have prevailed with me to importune the church of england to yeild to the repeal of all the penal statutes , and i should be glad to see them either well refuted or submitted to . i shall now address my self to those of the roman church , and hope to make it appear it is their interest to sit down thankfully with the liberty of conscience herein desired , and that a toleration and no more , is that which all romanists ought to be satisfied with . my reasons are these . first , the opposition that popery every where finds : for in nothing is the kingdom so much of a mind as in this aversion : 't is no news , and so may be the better said and taken . i say then this vnity , this vniversality and this visibility against popery , make the attempt , for more then liberty of conscience , too great and dangerous . i believe there may be some poor silly biggots that hope bigger , and talk further , but who can help that ? there are weak people of all sides , and they will be making a pudder : but what 's the language of their true interest , the infallible guide of the wiser men ? safety certainly ; and that in succeeding raigns to chuse : and if so , their steps must be modest , for they are watcht and number'd . and tho their prudence should submit to their zeal , both must yeild to necessity , whether they like it or no. what they convert upon the square , perswasion i mean , is their own , and much good may it do them . but the fear is not of this , and for compelling the avers genius of the kingdom , they have not the means , what ever they would do if they had them : which is my second reason . i say they have not the power , and that is what we apprehend most . there are three things that prove this in my opinion . first , their want of hands , next , want of time , and lastly , their intestine division ; which , whatever we think , is not inconsiderable . they are few , we must all agree , to the kingdom , upon the best computation that could be made . out of eight millions of people , they are not thirty thousand , and those but thinly sown up and down the nation ; by which it appears that the disproportion of the natural strength is not less than two hundred and seventy persons to one . so that popery in england is like a spirit without a body , or a general without an army . it can hurt no more than bullets without powder , or a sword and no hand to use it . i dare say , there is not of that communion , enough at once , to make all the coal fires in london , and yet we are apprehensive they are able to consume the whole kingdom . i am still more afraid of her fears than of them ; for tho they seem high , she thinks their religion in no reign has appeared much lower . o but they have the king of their side , and he has the executive power in his hands ! true , and this i call the artificial strength of the kingdom . but i say , first we have his word to bind him . and tho some may think our kings cannot be tyed by their people , certainly they may be tyed by themselves . what if i don't look upon the act of both houses to oblige the king , his own concession must ; and that may be given in an act of state i take the king to be as well obliged in honour and conscience to what he promises his people in another method , as if it had been by his royal assent in parliament ; for an honest mans word is good every where , and why a kings should not i can't tell . 't is true , the place differs and the voice comes with greater solemnity , but why it should with greater truth i know not . and if the church of england will but be advised to give him the opportunity of keeping his repeated word with her , and not deprive her self of that advantage by jealousies and distances that make her suspected , and may force him into another conduct , i cannot help believing that the king will not to a tittle let her feel the assurance and benefit of his promises . but next , we have his age for our security , which is the second proof , of the second reason , why the papists should look no farther then a toleration . this is the want of time i mention'd . they have but one life in the lease , and 't is out of their power to renew ; and this life has liv'd fast too , and is got within seven of threescore ; a greater age then most of his ancestors ever attain'd . well , but he has an army and many officers of his own religion . and if it be so , what can it do ? it may suppress an insurrection , but upon the attemps we foolishly fear , they were hardly a breakfast to the quarters they live in . for if they were together , all the confines or remote parts of the nation would rise like grass upon them , and if dispersed , to be sure they have not strength for such an attempt . but if they are not sufficient , there is a potent prince not far off can help the design , who is not angry with protestancy at home only . suppose this , is there not as potent naval powers to assist the constitution of the kingdom from such invasions ? yes , and land ones too . and as the protestant governments have more ships then the other , so an equal land force , when by such attempts to make popery universal , they are awaken'd to the use of them : but certainly we must be very silly to think the king should suffer so great a shake to his own interest as admitting an army of forraigners to enter his kingdom on any pretence , must necessarily occasion . these bull-beggers , and raw-heads and bloody-bones , are the malice of some , and weakness of others . but time , that informs children , will tell the world the meaning of the fright . the third proof of my second reason , is the intestine division among themselves . that division , weakens a great body , and renders a small one harmless , all will agree . now that there is such a thing as division among them is town talk the seculars & regulars have ever been two interests all the roman church over , and they are not only so here , but the regulars differ among themselves . there is not a coffee-house in town that does not freely tell us that the jesuites and benedictines are at variance , that count da da the popes nuncio and bishop lyborn dissent mightily from the politicks of the first ; nay t'other day the story was that they had prevail'd entirely over them . the lords and gentlemen of her communion have as warmly contested about the lengths they ought to go , moderation seems to be the conclusion . together they are little , and can do little ; and divided , they are contemptible instead of terrible . lastly , the roman church ought to be discreet , and think of nothing further then the entreated general ease , because it would be an extream that must beget another in the succeeding raign . for as i can never think her so weak as well as base , that after all her arguments for the jus divinum of succession , she should , in the face of the world , attempt to violate it in the wrong of one of another perswasion , ( for that were an eternal loss of her with mankind ) so if she does not , and yet is extravagant , she only rises higher to fall lower then all others in another raign . this were provoking their own ruin. and to say true , either way would , as the second letter has it , discredit her for ever and make true prophets of those they had taken such pains to prove false witnesses . and supposing her to reckon upon the just succession , nothing can recommend her , or continue her happiness in a raign of another judgment , but this liberty equally maintained , that other perswasions , more numerous , for that reason as well as for their own sakes , are obliged to insure her . here the foundation is broad and strong , and what is built upon it , has the looks of long life . the indenture will at least be , quint-pertite , and parties are not so mortal as men. and as this joyns , so it preserves interest intire , which amounts to a religious amity and a civil vnity at the worst . upon the whole matter , i advise the members of the roman communion in this kingdom , to be moderate , 't is their duty and it belongs to all men to see it and feel it from them , and it behoves them mightily they would ; for the first part of this discourse belongs to their hopes , as well as to the church of englands fears , viz. the duty and spirit of christianity . next , let them do good offices between the king and his excellent children , for as that will be well taken by so affectionate a father , so it gives the lie to their enemies suggestions , and recommends them to the grace and favour of the successors . and having said this , i have said all that belongs to them in particular . there is left only my address to the protestant dissenters and a general conclusion to finish this discourse . your case that are called protestant dissenters , differs mightily from that of the church of england and rome . for the first have the laws for her , the last the prince . those laws are against you , and she is not willing they should be repeal'd : the prince offers to be kind to you if you please ; your interest , in this conjuncture , is the question . i think none ought to be made , that it is the liberty of conscience , desired , because you have much more need of it , having neither laws nor prince of your side , nor a successor of any of your perswasions . the fears of popery i know reach you ; but it is to be remembered also , that if the laws are not repeal'd , there wants no new ones to destroy you , of the papists making ; so that every fear you are taught to have of their repeal , is against your selves . suppose your apprehensions well grounded , you can but be destroy'd ; which is most comfortable for you to suffer by law or without it ? the church of england , by her penal laws , and the doctrine of headship , has armed that religion ( as it falls out ) to destroy you . nay , has made it a duty in the king to do it , from which ( says she ) nothing but an act of parliament can absolve him , & that she is not willing to allow . and is it not as reasonable that you should seek their repeal , that if you suffer from the papists , it may be without human law , as well as against christs law , as for the church of england to keep them in force , because if she suffers , it shall be against the laws made to uphold her ? for not repealing them , brings you an inevitable mischief , and her ▪ at most , but an uncertain safety ; tho 't is certain , she at the same time will sacrifice you to it . and yet if i were in her case , it would please me better to remove laws that might reproach me , and stop my mouth when turn'd against me , and be content , that if i suffer for my religion , it is against the law of god , christianity and the fundamentals of the old and true civil government of my country , before such laws helpt to spoil it . in short , you must either go to church , or meet , or let fall your worshipping of god in the way you believe . if the first , you are hypocrites , and give away the cause , and reproach your dead brethrens sincerity , and gratifie the old accusation of schism , ambition , &c. and finally loose the hope and reward of all your sufferings . if the second , viz. that you meet against law , you run into the mouth of the government , whose teeth are to meet in you and destroy you , as by law established , . if the last , you deny your faith , over-throw your own arguments , fall away from the apostolical doctrine of assembling together , and so must fall into the hands of god , and under the troubles of your own consciences and woundings of his spirit , of which 't is said , who can bear them . so that nothing is plainer then that protestant dissenters are not oblig'd to govern themselves after such church of england measures , supposing her fears and jealousies better bottom'd then they are : for they are neither in this kings time in the same condition , with her if the penal laws remain in force , nor like to be so , if she can help it , in the next raign , if they are not repeal'd in this ; so that they are to be certainly persecuted now , in hopes of an uncertain liberty then . uncertain both whether it will be in her power , and whether she will do it if it be . the language of fear and assurance are two things , affliction promises what prosperity rarely performs . of this the promises made to induce the late kings restoration , and the cancelling of the former declaration , and what followed upon both are a plain proof . and tho the last westminster parliament enclin'd to it ; no body so much oppos'd it as the clergy , and the most zealous sons of that church : and if they could or would not then see it to be reasonable , i can't see why one should trust to people so selfish and short sighted . but if she will stoop to all those dissenting interests that are protestant , it must either be by a comprehension , and then she must part with her bishops , her common-prayer , her ceremonies , and this it self is but presbyterian ; ( and she must go lower yet , if she will comprehend the rest ) or , if not , she must persecute or give this liberty of conscience at last ; which , that she will ever yeild to uncompel'd , and at a time too , when there is none to do it , while she refuses it under her present pressing circumstances , i confefs i cannot apprehend . but there is yet one argument that can never fail to oblige your compliance with the general ease entreated ; viz. that the penal laws are against our great law of property , and so void in themselves . this has been the language of every apology , and that which , to say true , is not to be answer'd : how then can you decline to help their repeal , that in conscience , reason and law you think void in their own nature ? lastly , there is nothing that can put you in a condition to help your selves or the church of england against the domination of popery , but that which she weakly thinks the way to hurt you both , viz. the repeal of the penal laws . for as you are , you are tyed hand and foot , you are not your own men , you can neither serve her nor your selves , you are fast in the stocks of her laws , and the course she would have you take , is to turn martyrs under them to suppo●t them . if you like the bargain you are the best natur'd people in the world , and something more . and since begging is in fashion , i should desire no other boon ; for upon so plain a loss of your wits , your estates will of course fall a stray to the government , so that without the help of a penal law , you make an admirable prize . i have no mind to end so pleasantly with you . i have a sincere and christian regard to you and yours . be not couzn'd , nor captious , at this juncture . i know some of you are told , if you lose this liberty , you introduce idolatry , and for conscience sake you cannot do it . but that 's a pure mistake , and improv'd , i fear , by those that know it is so , which makes it the worse ; for it is not introducing idolatry ( taking for granted that popery is so ) but saving the people from being destroy'd that profess that religion . if christ , and his apostles had taken this course with the world , they must have killed them instead of converting them . 't is your mistake to think the jewish rigorous constitution is adequate to the christian dispensation ; by no means : that one conceit of judaising christianity in our politicks , has fill'd the world with misery , of which this poor kingdom has had its share . idolators are to be enlighten'd and perswaded , as st. paul did the athenians and romans , and not knock on the head , which mends no body . and to say a christian magistrate is to do that , that a christian can't do , is ridiculous ; unless like the bishop of munster , who goes like a bishop one part of the day , and a souldier the other , he is to be a christian in the morning and a magistrate in the afternoon . besides , 't is one thing to enact a religion national , and compel obedience to it ( which would make this case abominable indeed ) and another thing to take off unchristian penalties for the sake of such mistakes , since that is to give them power to hurt others , and this only to save you from being hurt for meer religion . to conclude my address to you , of all people , it would look the most disingenious in you , and give you an aire , the least sensible , charitable and christian not to endeavour such an ease that have so much wanted it , and so often and so earnestly pressed it , even to clamour . but that you should do it for their sakes who have used you so , and that the instruments of their cruelty , the penal laws , should from a common grievance become a darling to any among you , will be such a reproach to your understandings and consciences , that no time or argument can wipe off , and which i beseech god and you to prevent . the conclusion . i shall conclude with one argument , that equally concerns you all , and that is this ; you claim the caracter of english men. now to be an english man , in the sence of the government , is to be a freeman , whether lord or commoner , to hold his liberty and possessions by laws of his own consenting unto , and not to forfeit them upon facts made faults , by humour , faction or partial interest prevailing in the governing part against the constitution of the kingdom ; but for faults only , that are such in the nature of civil government ; to wit , breaches of those laws that are made by the whole , in persuance of common right , for the good of the whole . this regard must at no time be neglected , or violated towards any one interest ; for the moment we concede to such a breach upon our general liberty , be it from an aversion we carry to the principles of those we expose , or some little sinister and temporary benefit of our own , we sacrifice our selves in the prejudices we draw upon others , or suffer them to fall under ; for our interest in this respect is common . if then as english men , we are as mutually interested in the inviolable conservation of each others civil rights , as men embark'd in the same vessel are to save the ship they are in for their own sakes , we ought to watch , serve and secure the interest of one another , because it is our own to do so ; and not by any means endure that to be done to please some narrow regard of any one party , which may be drawn in example at some other turn of power to our own utter ruin. had this honest , just , wise and english consideration prevailed with our ancestors of all opinions from the days of richard the second , there had been less blood , imprisonment , plunder , beggery for the government of this kingdom to answer for . shall i speak within our own knowledge , and that without offence , there has been ruin'd , since the late kings restoration , above fifteen thousand families , and more then five thousand persons dead under bonds for matters of meer conscience to god : but who hath laid it to heart ? it is high time now we should , especially when our king , with so much grace and goodness leads us the way . i beseech you all , if you have any reverence towards god , any value for the excellent constitution of this kingdom , any tenderness for your posterity , any love for your selves , you would embrace this happy conjuncture , and persue a common expedient ; that since we cannot agree to meet in one profession of religion , we may entirely do it in this common civil interest where we are all equally engaged ; and therefore we ought for our own sakes to seek one an●●●ers security , that if we cannot be the better , we may not be t●e worse for our perswasions , in things , that bear no relation to them ▪ and in which , it is impossible we should suffer , and the government escape that is so much concern'd in the civil support and prosperity of every party and person that belongs to it . let us not therefore uphold penal laws against any of our religious perswasions , nor make tests out of each others faiths , to exclude one another our civil rights ; for by the same reason that denying transubstantiation , is made one to exclude a papist , to own it , may be made one to exclude a church of england-man , a presbyterian , an independant , a quaker , and anabaptist : for the question is not who is in the right in opinion , but whether he is not in practice in the wrong , that for such an opinion deprives his neighbour of his common right ? now 't is certain there is not one of any party , that would willingly have a test made out of his belief , to abridge him of his native priviledge ; and therefore neither the opinion of transubstantiation in the papists , episcop●cy in the church of england man , free-will in the arminian , predestination in the presbyterian , perticular churches in the independant , dipping of adult people in the anabaptist , nor not-swearing in the quaker , ought to be made a test of , to deprive him of the comforts of his life , or render him incapable of the service of his country , to which by a natural obligation he is indebted , and from which , no opinion can discharge him , and for that reason , much less should any other party think it fit , or in their power to exclude him . and indeed it were ridiculous to talk of giving liberty of conscience ( which yet few have now the fore-head to oppose ) and at the same time imagine those tests that do exclude men that service and reward , ought to be continued : for though it does not immediately concern me , being neither officer nor papist , yet the consequence is general , and every party , even the church of england , will find her self concern'd upon reflection ; for she cannot assure her self it may not come to be her turn . but , is it not an odd thing , that by leaving them on foot , every body shall have liberty of conscience but the goverment ? for while a man is out of office , he is test-free , but the hour he is chosen to any station , be it in the legislation or administration , he must wiredraw his conscience to hold it , or be excluded with the brand of dissent : and can this be equal or wise ? is this the way to employ men for the good of the publick , where opinion prevails above vertue , and abilities are submitted to the humour of a party ; surely none can think this a cure for division , or that animosities are like to be prevented by the only ways in the world that beget and heighten them . nor is it possible that the ease that should be granted can continue long when the party in whose savour they are not repeal'd , may thereby be enabled to turn the point of the sword again upon dissenters . i know holland is given in objection to this extent of freedom , where only one perswasion has the government , tho the rest their liberty : but they don't consider , first , how much more holland is under the power of necessity then we are . next , that our constitutions differ greatly . for the first , 't is plain , in the little compass they live in ; the uncertainty and precariousness of the means of their subsistance : that as they are in more danger of drowning , so neerer ruin by any commotion in the state , then other countries are . trading is their support , this , keeps them busy , that , makes them rich ; and wealth , naturally gives them caution of the disorders that may spoil them of it . this makes the governing party wary how they use their power , and the other interests tender how they resist it ; for upon it , they have reason to fear a publick desolation ; since holland has not a natural and domestick fund to rely upon , or return to from such national disorders . the next consideration is as clear and cogent ; our constitutions differ mightily : for though they have the name of a republick , yet in their choice , in order to the legislature they are much less free then we are : and since the freeholders of all parties in england may elect , which in holland they can no more do then they can be chosen , there is good reason why all may be elected to serve their king & country here , that in holland cannot be chosen or serve . and if our power to chuse be larger then theirs in holland , we are certainly then a freer people , and so ought not to be confin'd , as they are about what person it is that must be chosen : methinks it bears no proportion , and therefore the instance and objection are improper to our purpose . but it is said by some , that there cannot be two predominant religions , and if the church of england be not that , popery by the kings favour is like to be so . it is certain that two predominant religions , would be two uppermosts at once , which is nonsence every where : but as i cannot see what need there is for the church of england to lose her churhces or revenues , so while she has them , believe me , she is predominant in the thing of the world that lies nearest her guides . but if i were to speak my inclination , i cannot apprehend the necessity of any predominant religion , understanding the word with penal laws in the tale of it : the mischief of it , in a country of so many powerful interests as this , i can easily understand , having had the opertunity of seeing and feeling it too : and because nothing can keep up the ball of vengance like such a predominant religion , and that penal laws and tests are the means of the domination , i , for that reason , think them fit to be repeal'd , and let english mankind say amen . i do not love quibling , but 't is true , to a lamentation , that there is little of the power of religion seen where there is such a predominant one , unless among those it domineers over . i conclude , they that are so predominant , and they that seek to be so ( be they who they will ) move by the same spirit and principle , and however differing their pretentions and ends may be , the odds are very little to me , by which it is i must certainly be opprest . dare we then do ( for once ) as we would be done by , and show the world , we are not religious without justice , nor christians without charity : that false self shall not govern us against true self ; nor oppertunity make us thieves , to our neighbours for gods sake ? the end of testing and persecuting under every revolution of government . if this we can find in our hearts to do , and yet as men , and as christians , as english men , we do but do our duty , let the penal laws and tests be repeal'd ; and in order to it , let us now take those measures of men and things , that may give our wishes and endeavours the best success for the publick good , that our posterity may have more reason to bless our memories for their freedom and security , then for their nature and inheritance . finis . notes, typically marginal, from the original text notes for div a -e irenicum , a weapon-salve for the churches wounds , by edward stillingfleet , rector of ●uton in bedfordshire , in preface to the reader . l. . cod. de paganis . supplementum sublatum iohn tombes, his supplement, or second book about swearing disproved and made void and his abusing the scripture plainly manifested : against which the truth of christ's words is vindicated and maintained / in a few words briefly returned to him from richard hubberthorne and samuel fisher. hubberthorn, richard, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) supplementum sublatum iohn tombes, his supplement, or second book about swearing disproved and made void and his abusing the scripture plainly manifested : against which the truth of christ's words is vindicated and maintained / in a few words briefly returned to him from richard hubberthorne and samuel fisher. hubberthorn, richard, - . fisher, samuel, - . tombes, john, ?- . supplement to the serious consideration of the oath of the kings supremacy. p. printed for robert wilson, london : . reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- doctrines. oaths. loyalty oaths. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion supplementum sublatum : iohn tombes his supplement or , second book about swearing , disproved , and made void ; and his abusing the scripture plainly manifested . against which the truth of christ's words is vindicated and maintained . in a few words briefly returned to him from richard hubberthorne , and samuel fisher. london , printed for robert wilson , at the signe of the black spread-eagle and wind-mill in martins le grand , . supplementum sublatum , john tombes his supplement , or second book about swearing disproved . john tombes , thy first part of speech in proof of the lawfulness of swearing , being ( it seems ) such an adjective as could not well stand by it self against such as have answered it , without the supply of some other words to be joyned with it , thou hast added another part of speech , ( for even this also is but a part of what thou sayst thou yet intendest to make upon that subject ) as a little supplement ( so thou cal'st it ) to supply the defects of the former , which thou confessest did want framing , method , and matter . but when thou again reviewest this thy last supplement , it will need little more condemnation than the words of thy own mouth . therefore we shall say a little to thee , lest thou be wise in thy own conceit , if thou be unanswered altogether ; and yet but a little , lest we should seem to be like thy self , in multiplying words without method and matter . the substance of thy book being answered already in a book called one antidote more against swearing , we shall speak to some passages in it relating to our selves . as first , thou sayst page . that the using of these speeches , god knows , or i affirm before god , or god is our witness , or this we say in the presence of him that shall judge the quick and the dead ; as an appeal to god's contestation , is plain swearing ; and that sam. fisher swears in his book entituled the rusticks alarm to the rabbies , p. . . in saying , god knows , i affirm here before god and all men ; and so while we speak against all swearing , we practise some swearing . reply , it is made plain in that book entituled one antidote more against swearing , that these are no oaths , and here again , that if they were oaths , it being very frequent with paul ( as hen. den saith ) to use them , then that apostle ( whom ye justifie therein ) uncalled to it , by or before a magistrate , ( which is the only swearing now disputed for ) did swear as frequently , commonly , ordinarily in his communications with the saints & churches , ( among whom his credit was so good , that his word might at any time be taken without an oath ) and consequently as unnecessarily as other men , which do use frequent , ordinary , and unnecessary swearing , which both j. tombes , hen. den , and jer. ives do unanimously diallow ; and so ye are guilty of egregious partiality , condemning in some the things which ye allow in others . mor●over , if those be oaths , how is it that the judges and jus●ces in sessions will not own them as so , and set free those prisoners when they offer to say g●d knows , god is witness , &c. that we intend no other but good , peaceableness , faithfulness and truth to the king , and all men , & c ? surely the magistrates in england do not believe the priests doctrine , for if they did , they would practise it ; so that we may conclude , that they do but beat the ayr , and spend their strength for nought , when both magistrates and people will neither believe nor practise that for truth , which their priests deliver for doctrine . and whereas j. tombes saith in p. . that those baptists of maidstone have offered an engagement taken before some justice of the peace in a solemn manner , with calling god to witness to the truth of what they say , and that they do offer to swear , and take an oath . reply . herein he hath condemned the judges at maidstone , either to be ignorant of an oath , or else to proceed in unjust judgement against them ; seeing the judges required nothing of them but an oath , and they offered an oath , and yet they would not receive it ; so that instead of condemning the prisoners because they cannot swear , he hath condemned the judges , for not knowing , or at least not owning an oath when it was offered them : and so contrary unto right rule and justice , keeping them still in prison for not swearing , who offered willingly to swear ( as he saith ) so that it appears that the judges do no more agree with j. tombes's judgement that that was an oath , then the quakers do ; but what strange doctrine ( or rather confusion ) is this in j. tombes , to accuse the quakers because they will not swear , and yet say that they do swear fully and plainly ? and yet the judges , mayors , and magistrates will not take it : so that by j. tombes's book , and the rest that have been written for swearing , the quakers are found guiltless , and the magistrates only are to be blamed and reproved , because they will not accept of an oath , when it is offered to be given by those of whom they require it . but again secondly , if to say , god knows , or god is witness , as an appeal to gods contestation , be swearing by god , then to say such a man knows , or such a man is witness to the truth of what i say , ●s an appeal to that man's contestation , is a swearing by that man ; which ( absit absurdum hoc nigro carbone no tandum ) if these baptists j. t. h. d. jer. ives , or any others shall say it is , we shall say they are not yet so wise as they will be , when they once come with the quakers to own the truth , which they now deny . again , jo. tombes saith , that christ is no where called the oath of god. reply . in the same sence , and place , in which he is called the covenant of god , as isa. . . he is called the oath of god ; for god's covenant is his oath , which he swore luke . , . again , j. t. saith , that there is no instance given by sam. fisher of any place where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used in a more moderate sence then to bind by oath . reply ▪ what needed one to be given by s. f. when thou gavest one thy self ? viz. thess. . . which is translated ( truly enough ) i charge you by the lord ; which is no more but i will , require , or command you , in god's sight , presence , or such like ; which thou falsly saist is a charging or requiring one to swear by the lord. or secondly , what need any more instance be given then thou hast given thy self , who confessest it over again in thy supplement , p. , . more plainly then in thy former ? confessing to thy further confutation , that these three places , viz thess. . . tim. . . tim. . . are alike charges , and that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used tim. . . is only to command , or enjoyn , and doth not include an oath , or swearing ; and that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 used tim. . . signifies no more then i witness before god ; so that as it was told thee before , it is most evident , that paul at that distance wherein he was from them when he wrote to the thessalonians and timothy , either did not charge them to take an oath , or if he did , they did not take it , nor swear to him ; unless we shall suppose they swore to some other that stood present as paul's proxy , by word of mouth to exact it of them ; which absurdity is more fit to be exploded then supposed . again , thou sayst p. . that s. f. shews no instance where in with an accusative case is a particle of affirming without swearing , and till he doth , it necessarily is a particle of swearing . reply . no , not necessarily ; for whether with or without an accusative case , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 soundeth out no more then some strong asseveration of a thing , as with verily , truly , indeed , or such like ; and differs little more from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greek ( with is yea in english ) then the english yea , and yea verily do differ from each other ; witness the latine adverb nae , with ae dipthong , derived ( as is to be seen in the latine dictionaries ) of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek , with eta or long e , which is englished no otherwise then by truly , verily , in very deed , or such like ; and the very accidence it self makes it a particle of affirming only , and not of swearing . and however j. tombes saith , that grammarians make the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a particle of swearing , yet the lexicographers make it as well a particle of affirming only , without swearing , as in that place cor. . it being evident enough , that paul in that place did not swear , when he saith , i protest by your rejoycing , &c. for to swear by any thing but god , is by all judged to be unlawful . but i. tombes replies thus ; that paul sware by god even in those expressions an oath ( saith he ) of oppignoration , pawning , or execration , wishing therein the forfeiture of his own rejoycing in christ jesus , if it were not so as he said ; as when we say on my salvation it is so , &c. reply . if this had been an oath of oppignoration ( as thou vainly cal'st it ) or pawning of his own part or share in christ's joy , then he would have mentioned his own rejoycing in christ jesus only , and not that of the corinthians also ; for what reason soever he had to with the forfeiture , or to pawn his own , yet he had neither right nor reason to wish the forfeiture of theirs , or to pawn the corinthians part in the joy of christ jesus upon it , that it was so as he spake unto them ; no more then any of us have to wish evil to another man , or to pawn other mens salvation , or to wish another man damned , in case it be not true that we speak ; which is a thing altogether ungodly , unlawful , and unreasonable unto those that have the spirit of judgement and understanding . and so j. tombes his pleading for swearing from such places , is only to be judged a fruit of ignorance of christ's doctrine , or rather enmity against it . but j. tombessaith , that swearing is a moral commandment , and therefore lawful . reply . if swearing be a commandment , and a duty to be continued , as the rest of the commandments are . then it is to be performed as a duty and command continually , without any respect to the magistrate's imposing or requiring of it ; for we are to love god with our whole heart , &c. without being required by the magistrate , which is the first commandment ; and we are to love our neighbour as our selves , being the second , in which all the other is included ; none of which respect are a command from man for the obedience of them . but again , i. tombes falls from the command , and saith , his greatest argument and inducement to swear , is , because the denying of it hath caused , and is like to cause great persecution to those that hold the truth about baptisme , and that they will be counted persons ▪ intolerable ; and also he saith , that by his preaching swearing lawful , he hath saved hundreds , yea thousands ( having brought them and their families by it to enjoy their liberty ) from ruine . reply . so that it appears it is to save people from persecution , and spoiling of their goods , and to keep their outward liberty , that i. tombes hath preached up swearing , and so it seems they have the reward of their obedience to his doctrine already ; and upon this account , he , nor those that follow him , need never suffer persecution , if they will but alwayes deny the commands of christ , as any outward power comes upon them to threaten them with suffering ; so that in the day of his tryal , we have no ground otherwise to believe , but that he will deny and break any of christ's commands , ( and teach men so ) rather then suffer persecution , seeing he hath thus begun with this command of christ , swear not at all , which he would make of none effect by his tradition . now seeing the scripture saith , he that breaketh the least commandment , and teach men so , he shall be least ( or not at all ) in the kingdom of god ; therefore all such are to be denyed , who make a trade of preaching , and when their doctrines come to be tryed , they are found to be but the ministers of sin , and to live by the sins of the people ; so that all people may consider and take notice , whether this be a sufficient ground or plea , either for preaching up , or believing swearing to be lawful , because thereby they may be freed from persecution ; which is the greatest hypocrisie that can be either preached or practised by those that profess to be religious . but the day is come which to some hath made , and to others is making all things manifest , and is declaring every man's work of what sort it is , that the deceivers folly may be made manifest unto all men , that from them the people may be brought into the doctrine and way of salvation , which is now freely held forth and published by the power , and in the demonstration of the spirit of god , as they have freely received it ; not for filthy lucre , but of a ready minde ; for the earth hath been cumbred , and the land filled with such who have made a trade of the saints words , preaching them for filthy lucre sake , not freely , nor of a ready minde , but time-servers , having mens persons in admiration because of advantage , and for a piece of bread such men will transgress ; as it is evidently manifest . and whereas jo. tombes writes himself b. d. yet he is read among such as are truly wise , by the name of blinde divine , rather than batchelor of divinity ; who hath spent so much of his time in such vain treatises , tending to nothing but to bring people out of the obedience to christ's doctrine , who saith , swear not at all ; and having also confuted himself in his own words , there needs the less be said by others to make him manifest ; so for the further evidencing of the truth of those things unto people , and for ending of the controversie between the owners of christ's doctrine , and the opposers of it ; we shall commend our selves , and our testimony unto every man's conscience in the sight of god ; that his witness may justifie the truth , and clear it unto all men . the end . the nature and usefulness of solemn judicial swearing with the impiety and mischief of vain and false-swearing in a sermon preached july th, , in the cathedral church of s. peter in york at the assizes for that county / by thomas comber. comber, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the nature and usefulness of solemn judicial swearing with the impiety and mischief of vain and false-swearing in a sermon preached july th, , in the cathedral church of s. peter in york at the assizes for that county / by thomas comber. comber, thomas, - . p. printed by s. roycroft for robert clavell, and are to be sold by richard lambert, london : . reproduction of original in the harvard university law school library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- sermons. sermons, english -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the nature and usefulness of solemn judicial swearing , with the impiety and mischief of vain and false-swearing : in a sermon preached july th , . in the cathedral church of s. peter in york , at the assizes for that county . by tho. comber , d. d. prebendary of york . and thou shalt swear the lord liveth , in truth , in judgment , and in righteousness , jerem. iv. . london , printed by s. roycroft , for robert clavell , and are to be sold by richard lambert bookseller in york , . hebrews vi. . for men verily swear by the greater , and an oath for confirmation is to them an end of all strife . as almighty god is the creator , so he is also the governour of all the world , and hath an unquestionable right to rule over every creature ; he was the maker , and is the judge of all the earth a . and though he doth not exercise this power immediately , because mortal men cannot suffer the glories of his dazling and illustrious presence , yet he ordains the rulers of the world to be his vice-gerents : there is no power but of god , the powers that be are ordained of god b ; and he expects we should be subject to them for his and for conscience sake c ; since their authority is of divine original , which the scripture intimates , in calling judges by the name of gods d ( a title commonly given them by the jews ) as also in declaring , they judge not for man , but for the lord e ; whence one of the ancient fathers brings in almighty god thus speaking to the judges , i have given you my honour , my commission , and my name , therefore do you judge as i myself would do f . yea it was law g , and custom h , both of old in this nation ( as our own best authors inform us ) to place the venerable book of the holy gospels before the tribunal of justice : as an emblem , that they judged by his authority . but there is no clearer evidence of the divine original of humane judicatures , than the solemn use of oaths , there : which are a plain recognizing god as the supream judge of all , and an appeal to the high court of heaven ; for though the sovereign of the world do communicate his authority to our magistrates , yet his attribute of omniscience is incommunicable ; they are capable of representing his person , but not able to discern the hearts and thoughts of others . wherefore since there is one part of god's judicial perfections that no mortal judge can receive , viz. the knowledge of mens thoughts , a point so necessary , that no infallible and certain judgment can be given without it : therefore in all controversies , where the parties make contrary affirmations , there lies an appeal to the greater i and higher judge , that is , to god , the greatest of all ; which appeal being in order to end the strife , and to find out which of the contradicting parties speaks true , is called an oath , and here described by the apostle , when he saith , for men verily swear by the greater , &c. and certainly this use of oaths is very sacred and most necessary , being a clear manifestation of god's glory , an evident testimony of the divine original of the magistrates power , and the great support of the administration of that justice which is the bond of all societies . but yet there are some so ignorant and absurd as to deny they are lawful , others so stupid and inconsiderate to take them without reverence , and swallow them as common things ; yea , too many so impious to use them to gain credit to what they know to be false . for the redress of which dangerous errors and impieties , i suppose it will be a very seasonable and useful undertaking upon this occasion to explain this piece of holy scripture , for men verily swear , &c. wherein we will first consider the apostles general design in this place , which will prove the lawfulness of taking oaths in judicial cases . secondly , we will observe the several particulars contained in the words ; which represent to us , . the nature of an oath , for men verily swear by the greater . . the reason of an oath , viz. for confirmation . . the end and use of it in judgment , to be an end of all strife . and since a religious oath is the foundation of all our administrations of justice , the main hinge upon which all these controversies turn , the only security that the reverend judges , the jurors , and the witnesses do give , that they will speak and act uprightly : doubtless no subject can be more suitable or advantagious for this time and place ; which therefore we will prosecute in our proposed method . first , we consider the apostles general design , and the occasion of bringing in these words here : and we may observe , he is here perswading the hebrews to imitate their pious ancestors , in relying on the truth of god , exhorting them to be followers of them , who by faith and patience inherited the promises , v. . adding , that the promise it self was worthy to be trusted , because it had the highest and most solemn confirmation imaginable , being secured by the oath of god , and that no common oath neither . not such as the poets feign the heathen gods took , whom lactantius derides for their swearing by the stygian lake , a thing meaner than themselves k . but as sovereign princes having no equal in their kingdom whose witness can add any authority to their solemn acts , conclude them with a teste meipso , and are witnesses to themselves : so the king of kings , when he made the promise to abraham , because he could swear by no greater , sware by himself , ver. , , . confirming his promise ( saith philo ) by an oath worthy of god , — and therefore he did not swear by any other , because there was none greater nor better than he l . and lest any should object , what need was there for the god of truth to swear , who is so far from being made more credible by an oath ( as the same philo notes ) that he only makes an oath to be firm m ; and ( as s. ambrose speaks ) he alone is the judge of them that swear , and the avenger of them that swear falsly n . therefore the apostle prevents that scruple , in the words of the text , by declaring that an oath was not necessary with respect to god , who made the promise , but in compliance to men who were to receive it ; in condescension to their infirmity , he was content to imitate humane customs , and to give the same security for his own truth , which men are wont to give for theirs ; for men verily swear by the greater , &c. that is , this is the way ( saith our apostle ) by which men confirm things uncertain , this is the method they use to conclude , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , all doubtful controversies where one affirms what the other denies , the highest and best means they have to end this strife ( which otherwise would not cease ) is to make the parties swear by the name of god. and the divine majesty was pleased to take our measures in transacting his covenant with us , for he swear to confirm it , not by a greater indeed ( as we do ) because there was no greater , but by himself . gen. xxii . . by my self have i sworn , saith the lord , &c. and upon this abraham did believe the promise , and so ought we also . now from the words thus explained we infer , that it is lawful for christians to use an oath for confirmation in solemn cases . we see that god did take an oath , and if oaths were evil in themselves , 't is certain god would not swear o , since he can neither do nor be tempted to do evil , james i. . yea his swearing certainly proves , it is good in its own nature : and his oath being designed to comply with humane custom , as a confirmation of the truth of his word on a great and just occasion ; by this imitation and design , god hath ratified and approved our solemn use of oaths in deciding differences . this one act of his declaring it lawful to swear in all such cases . besides , the apostle here relates the use of oaths in judgment , supposing it universally practiced by gentiles , jews , and christians at that time ; for he saith ( not ye hebrews swear , or ye ( before your conversion ) did swear ; but ) men verily swear , &c. that is , all men do it now . nor doth he on this occasion give any intimation either of his dislike of this general custom , or that it was not to be allowed to the christians so to do : wherefore we may conclude from his recording this usage without making any exception to it , and his justifying it from the example of god himself , that the apostle did allow and approve this use of oaths . but our obstinate adversaries , without considering how to answer these arguments , will presently object , that christ saith , swear not at all , math. v. . and s. james adds , above all things , my brethren , swear not , jam. v. . as also that some of the ancients , as well heathens as christians , seem by some pickt sentences to forbid all use of oaths . to which i shall reply , that since 't is impious to suppose those scriptures can contradict this text , it is reasonable to believe , that some other kind of swearing is there forbidden , and not that which is commended here ; and it is very plain to unprejudiced men , that our saviour is speaking of no other oaths , but those used in common discourse , for the next words are , but let your communication be yea , yea , nay , nay , ver . . which shews , he was treating only of oaths in our ordinary communication , which might be wholly prevented , if in our common talk we barely affirmed things by a plain yea , or yes , or barely denied them by a plain nay , or no : and the instances he gives of swearing by heaven , by earth , by jerusalem , and by their head , ver . , , . were all of that sort of oaths which the jews used in their usual discourse , and not one of them was ever used in judgment , where they only swear by the living god , math. xxvi . . indeed the pharisees , to take the jews off from the wicked custom of ordinary swearing by gods name , did allow them in their common-talk to swear by these lesser things , persuading them there was little danger in them , and no great obligation by them , math. xxiii . , &c. but jesus reproves this false gloss of the third commandment , declaring , that in our communication one with another we must not swear at all , neither by god nor the creatures ; for in our usual discourse a bare yes or no is enough , and whatever is more , comes from either the evil custom of the speaker , or the evil and jealous temper of the hearer . and s. james only repeats and applies his masters words , warning the christians to take great heed they did not use that liberty given them by the jewish false teachers , to swear in their usual talk by heaven , or by earth , or any other oath ; but to be sure always to affirm what was to be affirmed by a plain , yea , and deny what was to be denied by a single , nay ; lest they fell under gods condemnation for profaning his name p ; or ( as some of the best copies read ) lest by a common careless use of oaths , they fall into that accursed hypocrisie of binding rash and false words with oaths , as customary swearers use to do . this is all can be fairly inferred from these two places , and therefore we conclude , they forbid only common swearing , and not that religious and solemn swearing in judgment , which this apostle here approves and commends . and the practice of the best christians abundantly assures us , it was never believed that solemn oaths on great occasions were forbidden in the gospel . this apostle s. paul , who certainly knew his masters mind ( saith s. augustine ) did swear q ; for his saying in weighty cases , god is my witness , rom. i. . and , behold , before god i lie not , galat. i. . are as plain oaths ( in that father's opinion ) as can be spoken . and though the primitive christians refused to swear by the emperors genius , or by any of the daemons , since thereby they had acknowledged them to be gods ; yet tertullian saith expresly , but we also swear , by the emperors safety r , that is , by god , who is the author of it . 't is certain the christians were souldiers under heathen emperors , and yet they could not be listed without taking an oath , which was given to the souldiers still , even when the emperors were become christian , only with some alteration in the form ; for then they swore , by god , and christ , and by the holy ghost ; by the majesty of the emperor , which next to god is to be loved and honoured of all s . and optatus , who lived at the same time , saith , god is wont to be named by men in swearing to consirm the truth t . an ancient and genuine synodical epistle , written from the orthodox bishops about alexandria , an. . declares , that the christian people there bound these bishops by oath , to choose athanasius for their pastor u , and mentions eusebius of nicomedia , accusing the said athanasius , and swearing to the accusation w . and the same holy confessor , athanasius , in his apology to the emperor , clears himself by an oath from those slanders x . theophronius , a christian bishop , begins his confession of faith in the council of antioch , an. . with a solemn oath y . synesius likewise , a primitive bishop , being chosen arbitrator in a certain controversie , makes one of the parties who was of the episcopal order , bind his promise by an oath z . s. hierom relates the solemn oaths , wherewith john patriarch of jerusalem a , and ruffinus b , did confirm their assertions ; and though both these were his adversaries , and he bitterly inveighs against them for small crimes , yet he blames them not for swearing : and he also observes , that s. augustine swears to confirm an assertion , yet never checks him for it , though he was then angry with him c . a whole council of bishops judging sabatius unworthy of the episcopal dignity , made him swear , never to accept it d . and the moderator of the conference at carthage , between the orthodox and the donatists , solemnly swears , by the holy trinity , he will judge impartially e . yea , the civil laws of arcadius and honorius , decree severe penalties to them who would not stand to those agreements which they had confirmed by an oath , either by the name of god , or by the safety of the emperor f . and in the council of toledo the prince adjures his bishops most solemnly to determine uprightly g . by these , and inumerable more instances ( which we have omitted , either as more common , or of later date ) it clearly appears , that the primitive christians did think solemn oaths lawful , and frequently used them : nor were any oaths forbidden by the ancient canons , but only pagan oaths h ; they indeed who used them , were to be ex communicated . but none ever pretended , that christian oaths by the name of the true god were forbidden by the gospel , till the gross times of popery ; and then turgot and aldwin , two fanatick monks of s. cuthberts , being in scotland , refused to swear allegiance to king malcolm , on pretence , swearing was forbid in the gospel i ; though these hypocrites had sworn to the rules of their orders before . and a little after the monks of castellion had some scruples , whether it were lawful for them to swear , alledging the same texts and reasons that our modern sectaries urge , as may appear by innocents answer to them k . wherefore it is from popish enthusiasts , and not primitive christians , that our deluded quakers learn to refuse all swearing . but this short and clear account of the sense of holy scripture , and the opinion and practice of the best christians may abundantly satisfie all that are unprejudiced , that solemn oaths in judgment , are not only very lawful , but useful and necessary , and have been used by all men of all religions as most sacred things : for men verily swear , &c. that is , all men do so , and god imitates the use , and s. paul records it with approbation . yet , that mens irreverent taking , and impious breaking of oaths , may not prejudice this useful institution , nor be an offence to such as are really tender ; i shall pass from this proof of the lawfulness of swearing in general , to consider the particulars of the text : wherein , first , the nature of an oath is implied in these words , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . for men verily swear by the greater . whence it appears , that an oath is an appeal to a higher power , to one greater in knowledge , who sees if we deceive , and cannot be deceived ; to one greater in integrity and truth , who will not connive at falshood , nor respect persons ; to one greater in power , who can as easily punish as find out perjury , and cast the perjur'd wretch into hell fire : wherefore every oath ought to be made by the supream being , and all that define it , say , it is , the calling god to witness l . the giving god for the security of our fidelity m ; and is not to be used , but only when our words cannot be made certain without calling in the divine majesty n . and hence it is made a duty , and reckoned a part of religious worship , to swear by the true god , deut. vi . . and because oaths in judicature were always made by gods name , therefore such an oath is called , an oath of the lord , exod. xxii . . and some think solomon gives the oath of allegiance that name , when he bids us obey the king , because of the oath of god , eccles . viii . . indeed all nations are wont to swear by their proper gods ; so that there is the same variety in mens oaths , that is , in their religion . in the league between hannibal and the king of macedon , they swear by above twenty several gods of afric and greece o . and in an older general league among all the grecian cities , every place was to take their country oath , and swear by the greatest deity of their own city p . so the heathen poet requires the jew to swear to him by anchialus , that is , as the romans falsly pronounced , by the living god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 q and the christians made the jews swear by the hebrew names of god , adonai , sebaoth , elohim , &c. r . and from this belief , that in an oath a man appealed to the god he worshipped , sprang the custom of sacrificing , when men did solemnly swear s . and the use of going into the temples and touching the altars , when they took a religious oath t , to put them in mind they were in the immediate presence of that god by whom they swore . to which end also the gentiles sometimes in solemn swearing touched the images of their gods . u . whence the papists ( the gross imitators of pagan superstition ) have derived their swearing upon the reliques and images of their saints , to whom they do by this act give the honour due to god only . as for us , we swear by no other name , but only by the name of god , laying our hands upon the holy bible , because all the promises made to truth , and the curses against perjury , are written there , devoting our selves to want all the good therein promised , and to suffer all the evil therein threatned , if we swear falsly : and we make god himself the sole judge of that , to whose omniscience , truth , and omnipotence , we appeal , as knowing our heart , and call on him as the witness of our truth . so that this kind of swearing is an act of religion , a part of divine worship , and was anciently called by the name of religion it self w , and had the title of sacramentum : for there is no way in the world by which we do more honour the wisdom and power , the justice and truth of god , than by this highest appeal ; and therefore it is a part of his honour , which he will not give to any other , nor can we swear by any creature without being guilty of idolatry ; the creatures are our fellow-servants , and not enough above us to be the objects of our solemn oaths : for men verily swear by the greater , &c. now from this account of the nature of an oath we infer two things : first , that oaths are a part of that religious worship due only to god , and so it is not lawful to swear by the creatures . the pharisees of old permitted it , out of a pretended reverence to the name of god ; but christ and s. james both forbid it . as for the heathens that worshipped the creatures , no wonder if they swore by them ; but it was a silly superstition in socrates , to swear by any thing he saw , as a dog , or a goose , &c. that so he might avoid swearing by those he esteemed gods , as apollonius makes the excuse for him x : and the ignorance of the mahometans may make some apology for their swearing by ordinary beings , since their great prophet swears in his alcoran , by the wind and clouds , by the stars , and by mount sinai : but who can excuse christians for this wicked custom of swearing by the creatures in ordinary discourse , contrary to christ's express precept ? i am sure tertullian reckons these kind of oaths to be one sort of idolatry y ; and the custom is both foolish and impious , foolish , because they swear by that which is less , or not greater than themselves , which neither knows if they forswear , nor can punish their perjury ; impious , because it gives divine honour to a creature : a sin so gross that the later rabbins do condemn it , and one of them says , he that swears by any thing besides the name of god , shall be rooted out of the world z . so that we may well suppose these vain and wicked oaths among christians , are reliques of pagan idolatry , that have continued ever since the creatures were worshipped as gods ; as the swearing by saints and angels is a remnant of popish superstition , introduced by those who first gave them divine honour , and therefore to be utterly rejected by us , together with those evil principles upon which they began . secondly , we infer from the former description of an oath , that when we do swear by the holy name of god , we should do it with all the solemnity of a grave and religious reverence , remembring it is an address to one infinitely greater than ourselves , even to the god we daily worship . we ought to think upon his all-seeing eye , his almighty arm , and his utter detestation of all falshood ; we should consider well the glory of his majesty , the infiniteness of his wisdom , the exactness of his truth , the severity of his justice , and the terror of his wrath ; and this would make us call him to witness even the most certain truth with holy fear and reverence ; this would instruct us , not to be rash with our mouths , nor hasty to utter anything before god , who is in heaven , and we upon the earth , eccles . v. . 't is evident , that all nations have so fully believed the sacredness of an oath , that they have endeavoured to make it as solemn and venerable as they could . orpheus imposed an oath upon his scholars ( not to reveal the secrets of his art to profane ears ) with all the authority which religious terror could give it a : it would be too tedious to reckon up all the religious ceremonies by which the gentiles made their oaths sacred : their use of priests and temples , altars and sacrifices , on this occasion , were all intended to teach men that golden precept of pythagoras , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to reverence an oath , and to mind them , that they did swear by a greater than themselves . it may suffice to remark that among the jews ( who had nothing in higher esteem than the book of the law ) he that took an oath was to stand up , and take the book of the law in his hand , and to swear by the most holy name , or some other name of god in the form of invocation , or execration , out of his own mouth , or out of the mouth of the judge b . and they say , this is as much as if they swore by all that is written in that most holy book c . in like manner the christians in solemn swearing were wont to lay their hands upon the holy gospels , a custom at least as ancient as the emperor justinians time , who mentions it in his laws d ; and he himself is recorded to have held the gospels in his hand while he made a publick oath , an. e ; and that this was a custom universally observed in those days , may be seen by divers instances in procopius f . and this rite hath been used ever since , the person who swears being to say , as god shall help me , and the contents of this book : which is so great and dreadful a wish , that none who understand and consider it can speak it without trembling ; for since all our hopes of heaven depend upon gods help and the promise of the holy gospel , we thus devote our souls to damnation if our assertions be not true . and for this cause due care should be taken in all courts of judicature , that oaths should be administred with all gravity and religious reverence , and , if possible , by those of the greatest authority present . since the outward solemnities in all religious acts have a mighty influence on the mind , and do tend to make men perform them more seriously and devoutly . yea , it ought to be considered , whether the slight and irreverent giving of oaths ( too common in our courts of justice ) do not give ignorant and evil men too much occasion , to think the breaking of them to be a light matter : it would be an infinite scandal , if we should say our prayers , or receive the sacrament in so hasty and slight a manner ; yet an oath is a part of gods immediate worship , as well as prayer and sacraments , and this is as direct an address to god as either of those ; yea , we may reckon this the more dreadful , since there we only make applications to his mercy , here we devote our selves to his justice ; so that our oaths should be made as solemnly as our prayers . and here i can but observe the piety of the ancients , who ordained , oaths should be taken fasting . a rite of equal piety and antiquity , for abimelech and isaac had their federal feast over night ( saith the text ) they rose early in the morning and sware one to another , gen. xxvi . . as being then fasting , and fit for this great act of religion . and it is probable , the frequent use of oaths in judgment , was the cause why of old all judicial enquiries were made in the morning : execute judgment in the morning , saith jeremy g ; and , wo be to that land ( saith solomon , ) whose princes eat in the morning h , that is , before they have sat in judgment . socrates also was wont to say , the evening is for feasts , the morning for doing justice i . yea , there is an ancient gallican law of charles the great , which commands , that courts of justice shall be holden fasting k , that so both the givers and takers of oaths might be serious , and fit for this so solemn piece of religion . and , because matrimony it self is a religious oath , therefore our old canons fixed the celebration of it to be between the hours of eight and twelve ; that so the parties might make that oath in their fasting-spittle l , as the words of the canon are . all which ought to instruct and admonish those in power , to reform as much as in them lies , the scandalous and mischievous corruption of slight giving oaths in judgment , and to reduce this piece of religion to its due esteem amongst us . secondly , the text informs us of the reason of an oath , or the cause which moves a man to take it ; which is , that it may be ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) for confirmation . the heart of man is deep and deceitful , so that none but only god knows whether mens words and hearts agree : and evil men ( being assured no mortal can discover their thoughts ) hence presume , for gain , or to favour a friend , yea to hurt a foe sometimes , to speak what they know to be false . but though no man can disprove them , the god of truth sees their hearts ; and therefore all nations have used to enjoyn men , to call upon the all-seeing god to attest the truth of what they say , with a wish of destruction to themselves , if the divine majesty , who knows their thoughts , do not allow their words for truth . and because it may well be supposed , none will dare to do this open affront to the god of heaven , nor expose themselves to his vengeance , who will discover , and can destroy them if they speak falsly : therefore an oath is the most solemn confirmation of what we affirm in doubtful cases , the readiest way to gain credit to our words , and the most sacred security we can give for our truth and veracity m . hence philo calls it , the firmest pledge of our fidelity : and diodorus siculus , the greatest assurance of faith among men. our ancestors ( saith cicero ) esteemed no bond so sure to bind us to be faithful , as an oath ; the law of the twelve tables shews this , the sacrifices , and the leagues by which we bind our selves to be true to our very enemies , shew it n . and this is the reason why all the world hath used oaths in judicature , to be as a pledge and security for the truth of that evidence given there , upon which all causes usually depend . and though some might speak the truth there without an oath , as many good men would perform their promise without a bond ; yet the difficulty of discerning honest men from hypocrites , makes this caution necessary : and all witnesses in judgment are required to use an oath for confirmation of what they say o , unless their peculiar character give them such credibility as to exempt them ; on which ground jupiters priests of old , and the christian clergy in the middle times , as also the nobility in our days , have been excused from formal oaths , as i could easily prove . but generally , oaths are thought so necessary in judgment , that in the old canons , it is the same thing to set down the days in which no oaths shall be taken , and to fix the times when no causes shall be tried : so that the first original of our non-term and vacation in law proceedings are derived from the canons which prohibit the vse of oaths at those times p . but to proceed ; since an oath is so solemn a confirmation of our truth , by calling god to witness , the pythagoreans allowed none to swear in light matters , especially not in a trifling action for a small debt q ; and clinias , a philosopher of that sect , chose rather to pay three talents unjustly , than to free himself by an oath r . which example may justly shame many christians , who trouble our courts , and engage many to swear on far less occasion . again , the same pythagoreans permitted none to swear concerning things contingent , future and uncertain ; affirming , it was neither fit nor safe to swear in such cases s . the grecian laws also admitted none to swear what they heard by hear-say only : and the ancient germans suffered not an oath to be taken , but when there was no other way of finding out the truth t . for since every man that swears , pawns his soul in security for his integrity , this ought not to be required but in weighty causes , nor to be taken but on sure grounds . this is a mans last security for his truth , and if he once falsifie this , none can ever trust him after , no bond can hold him : which our noble king henry the first well knew , when he generously refused the popes base offer to absolve him from his oath , saying , who will ever trust another hereafter , when they see by my example , an absolution can make void the highest bond of faith u . now , from this account of the reason of taking an oath , to be for confirmation , we shall draw this inference : that it is a huge folly , and a great impiety , to use oaths upon a slight occasion , or in common discourse , where there can be no need of this high and sacred confirmation of our words by god's name , unless we have so ill behaved our selves that none can trust us , without pawning our souls for every thing we say ; yet by using this religious and sacred confirmation to every trifle , we make our very oaths so cheap and contemptible , that we are trusted the less , and not the more , for our vain-swearing . but , besides the folly of this vile custom , it is a grievous sin , being the most express breach of the third commandement , and the most profane way of taking the name of god in vain ; and though men may account this a small fault in themselves , or their friend , god ( who is to be our judge ) will not hold them guiltless who commit it : he will not clear them , nor let it go unpunished , he will certainly condemn them in the last judgment w . as the other translation reads that dreadful place . and as this sin is condemned in the old law , so this swearing in our communication , is strictly forbidden above all things ( james v. . ) in the new testament . yea , the very heathens condemn the common using gods name x ; and hierocles very expresly saith , we must not use an oath frequently , nor on ordinary occasions , nor for silling up our discourse , nor to confirm every story we relate ; — for by the custom of swearing often , men soon fall to swear falsly : which is the same with that of s. james , — lest we fall into hypocrisie . it is no doubt a horrid impiety , to make the dreadful name of god , and his terrible attributes so cheap and vile , as to bring them to attest the most foolish , false , or filthy things , which we vent in the vainest company ; and argues a mind that either denies the being of god , or at least forgets his power ; and besides , that it is the most daring abuse to heaven , it is also a high affront to all the publick judicatories in the world , since the highest security that can be given for our truth there , the most sacred bond of human society , the most religious pledge of a mans fidelity , on which all our lives and fortunes may depend ; is by this bold impiety rendred mean and contemptible , prostituted to the scorn of the atheistical and profane , yea , and made as weak and unsecure , as it is common and despised . a sin without any temptation to invite to it , or any excuse to be made for it ; having neither honour , pleasure , nor profit in it , unless we count it reputation to dishonour god , pleasure to play with thunder , or profit to destroy those immortal souls of ours , that are of more value than a thousand worlds : a wickedness taken up only by imitation , and got by the cursed society of the debauched and prosane ; and the continuance in it is the more unpardonable , because it may easily and certainly be amended , by a few serious thoughts of god's majesty , by using the company of grave and pious men , and either giving them the freedom to admonish us , or imposing a small penance on our selves for every offence , till the wretched custom be overcome . surely , none but a professed atheist doth ever commit this crime , but meerly by inconsideration ; and therefore all others ( i hope ) may easily be reduced by those methods , from the profaning gods holy name , and exposing this venerable part of religion : to which , if this discourse may be subservient , i shall rejoyce that i have rescued the sacredness of oaths from any degrees of contempt . thirdly , i shall proceed to the last particular in the text , viz. the end of an oath , or the cause moving magistrates to require it , that it may be an end of all strife : for the accuser impeaches , and the accused pleads not guilty , the plaintiff demands , and the defendant denies ; this is literally , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , controversie , or strife ; and lest these contrary speeches should produce perpetual wrangling , the witnesses oaths are required , that by the truth they speak , for which they bring in almighty god for their voucher , the cause may be determined , and the strife ended . and from this use of an oath , by the name of god , the divine majesty himself doth , as it were , judge between the parties ; and so i understand that common phrase of being tried , by god and our country , to signifie , by the witnesses oath , and the jurers verdict : for justinian saith by this use of oaths , men seem to enter a holy temple when they come before a tribunal — and god , rather than man , appears to decide the cause y . truth ( as the ancients speak ) lies in a deep pit , and if any thing will draw it out , it must be the fear of god , who is thus set before the witnesses eyes , to engage them by all their hopes of mercy , to speak the truth , the whole truth , and nothing but the truth : and therefore , not only the apostle , but the civil law , calls it , the best means to determine causes z . and the common consent of mankind , hath made all our lives , liberties , and estates , to depend upon an oath whensoever they are in question , supposing this to be the surest and most sacred guard unto them . nor is it without great reason that so much stress is laid upon religious oaths , since though another man seem thereby to have our lives and estates in his power ; yet by this solemn swearing he stakes his own body and soul , his temporal and eternal welfare , against them : and since he can only bring us by a false oath under some temporal penalty , while he firmly devotes himself to eternal vengeance , he runs the greater risque , and loses most of the two , who swears falsly , if he do but rightly consider it . for , as plutarch notes , every oath contains , either expresly or implicitly , a curse on the taker , if it be false a . and though these curses are variously expressed , and sometimes only supposed , yet they are very dreadful : so that the jews , who might not use ominous words , chose rather to swear elliptically , than to express what was so horrid : so moses swears b — if you have not the land , and there stops ; but we are to understand , let me suffer all the plagues due to perjury : yea , god himself imitates this form , i swear in my wrath , if they shall enter into my rest , hebr. iv . . where again the curse is understood . and the scholiast upon aristophanes observes , it was an ancient custom thus to swear elliptically to avoid all ominous words c . yet some times these words were expressed in most terrible forms against the gentiles , let the gods destroy me d ; let the divine vengeance fall upon my own head , and my whole family e . and to make this more solemn , they used divers ceremonies , as that of casting away a stone , and wishing , the gods might so cast them out of all the city and capitol being safe ) if they did wittingly swear falsly f . so also the killing of some beast in sacrifice , and wishing , they might be so slain , if they did not speak truth g : and the quenching a flaming torch suddenly , and praying , their life and light might be so put out , if they deceived * ; which last ceremony was sometimes used amongst christians , and was solemnly performed in this nation , when the oaths were taken to confirm magna charta . and though in our modern courts we now abstain from ominous words , contenting our selves with that very ancient form , so help me god h , yet the sense duly considered , is as high , as full , and as terrible as any of the former ; for if we swear falsly , we wish , that gods grace and favour , his mercy and providence , may forsake us ; that he may never help us here nor hereafter , but leave us to perish in this world , and in the world to come . and oh , how dreadful an imprecation is this , he that after his pledge given for his truth , dares tell a lie for favour or malice , neither fears god , nor loves himself ; he is a desperate wretch , unfit for human society , and really doth far more mischief to himself than to his adversary . and since an oath is thus guarded , we may well be content it should end all strife among us , for no greater security under heaven can be given or devised . now from this description of the end of an oath , we will observe , that perjury , especially in courts of justice , is a heinous and horrid impiety : the very end of these courts is to find out truth , and but to speak falsly there , though by such as are not upon their oath , is to affront the vice-gerents of god , and wickedly to design to pervert judgment , as well as to make that holy institution useless , which is the great security of all societies . but when men come to swear , god himself is directly appealed to , the searcher of all hearts is set upon the tribunal , and the perjured wretch lies not unto men , but unto god , acts v. . he defies the king of heaven to his face , and affronts him openly in some of his tenderest attributes , disbelieving his truth , tràmpling on his justice , and despising his power ; yea , he makes ( as much as in him lies ) the righteous god a party to that falshood , by which he murders or robs his neighbour ; saying , as philo hath elegantly expressed it , o god , i should not be believed but for thy name , and therefore i use thee for the cloak of my injustice ; i would not be discovered in my sin , do thou help me , and take the blame on thy self ; for though i am a transgressor by thy name , i shall pass for an honest man ; thou neither lovest truth , nor punishest falshood i . this horrid blasphemy is the import of all perjury , the very image of the false-swearers thoughts , and can any thing be more wicked ? this accursed sin , not only flies in the face of god , but by gilding fatal lies with his name , misleads that sacred authority he hath set over us for securing our rights , and endeavours to make that the instrument of their revenge and cruelty ; it imposes upon the most upright juries , with design to make them partners in the crime ; it robs an innocent man of his good name , his estate , his liberty , nay , his very life , if their false witness be believed : or if the jurors be the perjured men , in spight of all evidence , it rescues the greatest and most dangerous malefactors ( by a partiality that defies heaven ) from the justice of the law , and encourages not only them , but others to commit the like crimes . and whosoever they be , jurors or witnesses , who regard not their oaths , they do what in them lies , to subvert the laws , to take away the administration of justice , and to ruine the community they live in , by baffling this great and sacred instrument of our peace and safety . if they do this for fear or favour , it shews they value men more than god , and dare purchase their love with his utmost displeasure : if they are perjur'd for hire , they sell their souls for a vile price , and purchase a reversion in hell , which they shall inherit for ever : if they do it in malice , it is like the crime of witches , who give their souls to the devil for ever , to be enabled to do a transient harm to their neighbours . and whatever be the principle it springs from , yea , and whatever event it have as to the party accused , the perjur'd man devotes himself to all the curses in gods book , and cuts himself off from all hope of the divine help for ever ; and therefore the old romans allotted no human punishment for this sin , but left the criminal to the more terrible vengeance of the gods , who were most directly affronted by it k ; the greeks believed , it brought ruine and destruction to the man , and all his posterity l . yet , lest these who fear none but human penalties should be hardened by impunity from men , ( for if they dreaded the vengeance of god they durst not commit this crime ) therefore it was ordained , that if any were convict of perjury , who had sworn on the holy gospels , his tongue should be cut out , as of no use for ever after m . and all laws deprive these wretches of the priviledge of giving testimony in any other cause , and their credit is eternally blasted . the indians cut off their fingers and toes , to reduce them to beggery and shame ; the egyptians put them to death , as unworthy to live among mankind after so inexcusable a wickedness . but whatever they suffer here , damnation doth await them in the next world , unless they do repent sincerely , and make satisfaction also . but i hope , we need aggravate this crime no further , but having surveyed all the particulars of the text , may now pass to the application . and that which naturally follows from the premisses , is , first , that all persons concerned be very cautious in taking oaths , and that when they come to swear , they do it with all religious fear and reverence ; not only as being immediately in gods presence , but as making a direct appeal to him , and offering their souls as a pledge for the truth of what they shall speak ; and though the thing they swear be never so true , yet this application is so venerable , and so high a piece of religion , that it ought to be done with all gravity and humble reverence ; and if they be so taken , to confirm a known and certain truth , they do exceedingly tend to the honour of god , and to the benefit of mankind , and are so very lawful , that we may as well scruple to make application to gods mercy in prayer , as to his truth in solemn swearing , on a just occasion ; especially , since it is evident by reason and universal practice , that the world cannot well be governed , nor justice dispensed without them ; and it is the abuse of them , not the serious and just use of oaths , that ought to be avoided . secondly , when we have taken them , let us be very fearful of breaking them , and make conscience of answering and acting in every point agreeable to what we have sworn ; let us fear no anger , but that of heaven , nor seek no favour , but that of god , nor wish for any gain , but the peace of a good conscience . we see , that the laws of god and men have put the end of all strife upon our fidelity , supposing we are christians and hónest men , who fear the lord of hosts , and value our own souls , and we have given the greatest security under heaven , that we will be impartial . now , how vile and infamous a crime will it be in us , to betray his trust , to abuse the judge of all the world , and his vice-gerents , to wrong the innocent , and destroyour own souls ? one would imagine , nothing could tempt a rational man to such an act ; if the too frequent and sad experience of opposite , yea of contradictory oaths ( in this impious age of ours ) did not convince us , that nothing is too monstrous or unreasonable for an ill man to do . if popish zealots , by assurances of dispensation , were the only persons , who assumed the impudence to commit this crime , it would not be so very strange : but for us , who say , no power on earth can cancel this sacred bond of an oath , for us to perjure our selves , is at once our shame , and the worlds wonder ; doubtless such men deserve not only the bare punishments of the law , but to suffer an universal detestation , that as they are the bane of our government , the scandal of our religion , and the enemies of god , so they may be esteemed and treated as the foes of all mankind , until by sorrow and repentance they shall own their faults , and return to a better mind . finally , let us bless the holy name of god for our good laws , and the security we enjoy by them , since no man can hurt us in body , in goods , or good name , without venturing the damnation of his own soul ; we have excellent methods to find out the guilty , and clear the innocent . and though evil men will claim unjustly , accuse falsly , or deny their guilt impudently , yet while we have so just and so prudent magistrates on earth , and so righteous and powerful god in heaven , we may rationally hope , that all perjury , falshood , and injustice , shall be discovered either here , or hereafter . cicero mentions a false-witness at rome , who was struck dumb just as he was pronouncing that part of his oath , — if i willingly speak falsly n . but if such vengeance be not now presently executed , let us not despair ; for there is a great assize coming , where all errors in judgment shall be rectified , and all false-swearers discovered and condemned . but it would prevent many a sad sentence at that dreadful day , and hinder all publick injustice here , if all that are called to this duty would very seriously remember , that they swear by the greater ; and so their oath for confirmation , would ever be a just end of all strife : which god of his mercy grant , for jesus christs sake ; to whom , with the father and the holy spirit , be all honour and glory , now , and for evermore , amen . finis . notes, typically marginal, from the original text notes for div a -e a gen. . . b rom. . . c ibid v. . pet. . . d exod. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . orig. in cels . l. . e chron. . . f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 resp . ad orthod . quest . . g sarisburiens . polyor . lib. . c. . h chron. wil. thorn. col . . i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the text , hellenisticè comparativum pro superlativo , i. e. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . k lactant. instit . l. . c. . l philo legis allegor . l. . pag. . m philo de sacr . cain & abel , p. . n ambros . de eod . t. . p. . o si enim per se malum esset jurare profectò dominus non jurasset . decret . l . tit. . c. . p. . p jam. . . graec. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 at alii libr. leg . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vid. erasm . vers . q apostolus utique noverat praeceptum domini , juravit tamen . aug. in ep. galat. cap. . r tertul. apol. cap. . p. . s vegetius de re militari , l. . c. . circ . an. christi . t optat. milev . lib. . pag. . u epist . synodal . ap . bin. tom. i. p. . pag. . w ibid. p. . x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apolog. ad constant . tom. i. pag. . y binius , tom. i. par . . pag. . z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 synes . epist . . pag. . a hieron . advers . joh. hierosol . tom. ii. pag. . b idem adv . ruffin . apol . tom. . p. . c hieron . epist. . tom. . pag. . & ep. . pag. . d socrates histor . lib. . cap. c . pag. . e collat. carthag . i. cap. apud bin. tom. . pag. . f invocato dei omnipotontis nomine — & pp . — salutem principum , confirmationem initarum juraverint esse pactionum . cod. justin . l. . tit . . pl. . si quis , &c. g concil . . toletan . an. . bin. tom. . par . . p. . h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 basil . mag. can. . ap . bevereg . tom. . p. . & concil . in trul. can. . bever . t. . p. . i evangelicum praeceptum servantes . simeon dunelm . l. . cap. . k decretal . lib. . tit . . cap. etsi christus , al. . l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 philo l eg . alleg . m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nazianz. n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . aristot . rhet. c. . o polybii , histor . lib. . p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — & p. p. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . thucyd. hist . l. . q — jura per anchialum . martial . l. . ep . . r digest . lib. . tit. de juram . jus graeco-rom . t. . pag . s gen. . . t kings . . si aram tenens juraret . cicero pro flacco . u contingens ipsa simulachra & pulvinaria deorum . justin . hist . l. . w jusjurandum est affirmatio religiosa . cicero de off. l. . primum militiae vinculum est religio . senec. ep. . x apollon . ap . philostr . l. . cap. . y consuetudinis vitium , diccre mehercule , aut medius fulius , accedente ignorantiâ quorundam qui ignorant jusjurandum esse per herculem . tertul. idd. c. . pag. . z moses mikotzi . praecep . affer . . a julius firmic . praef . ad . lib. math. b maimon . tract . sheb . cap. . moses mikotz . praecep . aff . . c idem praecep . negat . . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 just . authent . collat . . tit. . nov. . cap. . p. . e chronic. alex. an. . p. . f procop. in vandal , l. . p. , & p. . g jer. . . h eccles . . . i vespere convivium mane judicium . dict. socrat . k placitum tenere comes nisi jejunus non debet . capit. l. . c. . & . cap. an. . c. . l synod . winton . an. . apudspelm . concil . t. . pag. . m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . philo , de sacr. cain & abel , p. . n cicer. offic. lib. . o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . plut. de . audit . pag. . p vide selden , synedr . l. . c. . p. . q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●socr . r d. basil . hom . . nec deus intersit , nisi dignus vindice nodus . s 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hierocles . t in his , vero causis sacramenta praestentur , in quibus nullam probationem discussio judicantis invenerit . leges bajoar . apudcapitular . t. . p. . tit. c. . an. . u eadmeri histor . l. . pag. . w lxx . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non impuninum dimittit . vatab. neque enim non reum habebit cum dominus in die judicii magni . chal. par. x 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plato . y pro judiciis put abant homines se in sacrarus sisti — & pro hominibus deum in omnibus causis jud●cem esse . cod. l. . tit. . l. . § p. . z maximum dirimendaram causarum remedium . cod. ibid. p. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plut. quest . rom. b josh . . . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ariltoph . ran. . . scholiast . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. d sueton. tiber. c. . e plin. panegyr . f festus de verb. signif . verb. lapis , p. . g liv. hist . rom. lib. . * polybii , histor . lib. . h it a me dii ament . plaut . bacchid . . . it a deos mihi velim propitios . cicero do divin . i philo de legibus in specie differ . k tertul. apol. c. . item rescript . alex. aug. imp. l hesiod . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . m eclog. leonis & constant . tit. . §. . n cicero , epist . l. . ep . . an epistle to king charles the ii sent from amsterdam in holland, the of the month, wherein is contained certain orders and laws there, concerning the liberty granted to those which cannot take up arms, nor swear, which laws there do yet continue : as also several arguments shewing that the people called quakers are no popish recusants, who are cast into prison for not swearing : with advice & direction to king charles, that his tendernesse may appear likewise to tender consciences, who keep to their yea and nay, that if they break their yea and nay, they may be punished as for breaking an oath / william caton. caton, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an epistle to king charles the ii sent from amsterdam in holland, the of the month, wherein is contained certain orders and laws there, concerning the liberty granted to those which cannot take up arms, nor swear, which laws there do yet continue : as also several arguments shewing that the people called quakers are no popish recusants, who are cast into prison for not swearing : with advice & direction to king charles, that his tendernesse may appear likewise to tender consciences, who keep to their yea and nay, that if they break their yea and nay, they may be punished as for breaking an oath / william caton. caton, william, - . p. printed for thomas simmons ..., london : . reproduction of original in bodleian library. eng society of friends -- england. oaths. a r (wing c ). civilwar no an epistle to king charles the ii sent from amsterdam in holland, the . of the . month, . wherein is contained certain orders and la caton, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an epistle to king charles the ii sent from amsterdam in holland , the . of the . month , . wherein is contained certain orders and laws there , concerning the liberty granted to those which cannot take up arms , nor swear , which laws there do yet continue ; as also several arguments shewing that the people called quakers are no popish recusants , who are cast into prison for not swearing . with advice & direction to king charles , that his tendernesse may appear likewise to tender consciences , who keep to their yea and nay , that if they break their yea and nay , they may be punished as for breaking an oath . william caton . london , printed for thomas simmons at the signe of the bull and mouth near aldersgate , . carole rex , forasmuch as the lord hath been pleased to permit thee to sit upon thy fathers throne , and to sway the scepter in england , after thy sojourning some years in a strange land , where thou was invironed with strangers , and sometimes compassed about with many fears , and then did grief with sorrow of mind attend thee , when thy subjects had dissented from thee , thy enemies prevailed over thee , and thy trusty friends obstructed from communicating of their substance to thee , thereby to have done thee a pleasure : dost thou not yet remember how thou was in those days dejected and cast down in thy spirit , when there was scarce hope remaining , of ever seeing such a day as this ? and was there not then also much commiseration in thy heart ( in the day of thy affliction , when thou was a sufferer thy self ) towards suffering people ? and didst thou not then cry out against the oppression wherewith thy friends were oppressed , that could not conform in all things to the powers that then were the supreme in the nation of england ? and was it not an evil , in thy own judgement , in them then , that would not let people have their liberty to worship god in that way of which they were the most perswaded in their own hearts , that it was according to the way of god ; whether they desired to have the common-prayer-book , or the directory , or to have their liberty to worship god without either of these , in spirit and in truth , which were before these were made , and in which the saints worshipped god before these were framed or composed ? now certainly if it was an evil in them to debar people of their liberty in things appertaining unto the worship of god , then must it also be an evil now in them that will not give liberty to , tender consciences in matters of worship which tendeth not to the breach of the peace of the kingdom . and inasmuch ( o king ) as thou thy-self hath found by experience an excellency in the liberty that was afforded thee with thy friends in the time of your exilement , in things appertaining unto your worship : it is therefore the more hoped by some that thou wilt yet excel other princes in this particular , considering thy own condition : surely if thou , with those that out of love to thee , exposed themselves to the inconveniency of exilement with thee , had not been allowed to refide in any place , except you had been conformable to their religion , and by an oath to have bound your selves to have been true and fa●thful unto their discipline , though it had been contrary to your consciences , this would by you have been accounted hard measure ; nay moreover not only to have been debarred of your liberty in the place , but also to have forfeited your goods , chattels and your whole substance unto the supreme mag●strate of that place , except you would have acted contrary to your consciences ; surely you would not have approved well of this , neither would you have had it thus done unto you . and now be it known to thee ( o king ) that the lord god of heaven and earth hath a little flock in that nation ( where the lord hath set thee to sway the scepter ▪ and they are exceeding dear unto him , and pretious in his sight , for they tender his glory more than their natural lives , & his commands more than their liberty : wherefore if thou desire that it may be well with thee , and that thy dayes may be prolonged in thy realm , be cautious how thou layeth thy hand upon them , as thereby to afflict them ; or of suffering them to be oppressed by the laws of thy kingdom , for abiding in the doctrine of their lord , for it hath been upon me from him to signifie to thee , that if thou suffer them to incurr the danger of premunirae upon them for abiding in the doctrine of christ , know , from the lord , that their estates , their goods and their chattels shall not make thee rich , neither will they be blessed to thee ; and moreover , if they be excluded out of thy protection for doing the will of their master and for obeying his command , they shall not therefore be shut out of the protection of their god , who is both mighty to save , and mighty to deliver ; and if thou should exclude thy self out of his protection by thy sinning against him , and oppressing his people , then all thy forces under thy command within thy dominions , would not be able to deliver thee out of the hands of thy enemies , nor yet to preserve thy treasures out of the hands of spoilers . it is well known already upon this side of the seas , what a snare the oaths of allegiance and supremacy are made unto the people of the lord within thy dominions , and how that many of them are already cast into the common goals for refusing to take them . even as it was in the dayes of oliver cromwel ; many of them were cast in prison ( by such as acted in his name ) for not taking the oath of abjuration , and other oaths ; and because they did not take it , therefore were they deemed to be jesuites , by such as made that a snare for this people , even as they now that act in thy name make the oaths before mentioned , a snare to this people ; and because they now take not these , therefore are they now deemed to be popish recusants , as before they were supposed to be jesuites , when that some of them who was accused to be jesuites had never learned the accedence ; and so were far from being jesuites ; and now many of them are judged to be popish recusants , who peradventure do not know what a popish recusant is : moreover it is well known that many popish recusants in the nation go free , and have not these oaths tendred them , yet through the envie of many that are in authority , this people before mentioned are brought into external trouble about this very thing , which they are clear of , as they may see , that do understand the true intent and meaning of the act , which was made anno tertio iacobi regis , chap. . for the better discovering and repressing of popish recusants , in which act the oath of allegiance is contained ; and as for the other act made anno primo reginae elizabethae in order to the restoring to the crown , &c. wherein the oath of supremacy is contained ; this also is wrested , and made as a snare to the people before mentioned , when no places of office are conferred upon them , neither do they nor none of them ( that i know of ) receive thy fees nor wages , and therefore not of those to whom the oath of supremacy is to be tendred ; for they are known to be credible men that feareth god , and are absolutely against all treasons , plots and treacherous conspiracies , whatsoever , both against thee and all men , whose yea , is as much to them , yea more than many mens oaths are to them that will swear ; wherefore they might well be confided in and credited , for of their fidelity and innocency the nation hath had much proof already ; so that if it were not more out of malice to them , than out of love to thee , or jealousie of them , these oaths before mentioned would not be so frequently tendred to them by those that act in thy name , who might easily be prevented from troubling this peaceable people in this matter , by a few lines from thee , being issued forth as an order to the contrary by thee , and thereby a stop might be put in part to the prosecution of that wickednesse which is in the hearts of many in authority at this day against this innocent people , who i do assure thee are no popish recusants , and this i shall endeavour to manifest clearly to thy understanding by some few plain and simple ( yet sound ) arguments , as first , if they were popish recusants , then would they own a mortal man to be the head of the church , and the church to be under the obedience of the pope of rome ; but they own christ jesus only ( who is immortal ) to be the head of the church , and it to be wholly under his obedience , and not under the popes of rome , and therefore are they no popish recusants . secondly , if they were popish recusants , then would they swear and take oaths before magistrates , if it were required of them ; but they will not swear in no wise , though thereunto required by magistrates , though they suffer for it , but do abide in the doctrine of christ , who said , swear not at all , and him they chuse to obey rather than magistrates that require to swear , and therefore are they no popish recusants . thirdly , if they were popish recusants , then would they how to images , worship them , and honour them that are the works of mens hands : but they bow to no image , neither do they worship or honour any image which is made with mens hands , in the likenesse of any thing in heaven above , or in the earth beneath ; and therefore are they no popish recusants . fourthly , if they were popish recusants , then would they own a purgatory after this life ; but they testifie against such doctrine , and do not believe any such fables , therefore are they no popish recusants . fiftly , if they were popish recusants , then would they own temporal bread and wine , after consecration , to be the body and blood of christ ; but they believe and know that his body ( which is meat indeed , and his blood which is drink indeed ) i● spiritual and incorruptable , and so not external bread and wine which will corrupt and decay after consecration as before : and in this particular also they differ from the romish catholicks , and therefore are they no popish recusants . sixthly , if they were popish recusants , then would they observe dayes , and holi-dayes , and times , as christmasse , lent , easter , &c. but these , do they observe no more than other dayes and times ; and therefore are they no popish recusant● . seventhly , if they were popish recusants , then would they use crosses and crucifixes with beads and such like frivolous things ; and they would also mark themselves with the signe of the crosse , upon their foreheads , upon their mouths , upon their breasts , and from one side to the other ; but crosses , crucifixes and beads they reject , as the works of mens hands , which cannot make their worship any thing more acceptable unto god ; neither do they at all mark themselves with the signe of the crosse , as popish recusants do , therefore are they no popish recusants . eighthly , if they were popish recusants , then would they pray for the dead , and unto the saints that are dead , that they might pray to god for them that are alive in the flesh ; but they do not pray for them that are outwardly dead , nor unto the saints that are dead , but unto the lord alone , in the name of christ , who giveth life and breath ; and therefore are no popish recusants . ninthly , if they were popish recusants , then would they once a year at the least confesse their sins unto a popish priest , upon their bended knees , before the virgin mary , the arch-angel , iohn baptist , peter and paul , and before all the saints , as popish recusants imagine , and then would they pray unto these before mentioned for them to pray unto god for their absolution , and after they had done thus would they receive an absolution from the priest , &c. but they confesse their sins unto god , who is able to remit and forgive them , and not unto priests before the saints that are dead ; neither do they receive pardons or absolutions from any mortal man of , or for their sins , and therefore are they no popish recusants . tenthly , if they were popish recusants , then would they observe the commands of the church of rome , which are chiefly these five , viz. first , that the saints dayes be sanctified and kept holy . secondly , that they hear masse . thirdly , that the feast dayes be duly observed . fourthly , that confession of sins be made at the least once a year to the priest . and finally that the sacrament be received at or about the time of easter : but these commands and institutions of the church of rome they renounce as superstitious traditions of men , with many more of their ceremonies and rudiments ; and therefore are they no popish recusants . eleventhly , if they were popish recusants , then would they respect mens persons , as they papists do , and have them in admiration because of advantage . twelfthly , if they were popish recusants , then would they wrestle with flesh and blood , and would put such to death as they judged to be hereticks , that were not of their mind ; but the weapons of their warfare are not carnal but spiritual ; and therefore do not they wrestle with flesh and blood , but are absolutely against the taking away of any mans life , for his judgement or opinion in matters of religion ; and therefore are they no popish recusants . thirteenthly , and finally , if they were popish recusants then would they go on pilgrimage , hold up temples , tythes , altars , nuneries , reliques , indulgences , inquisitions , then would they , like unto the romish catholicks , believe whatsoever the church of rome believeth ; but in life and doctrine , so well as in matters of faith do they differ from the church of rome , and that not only in the things before mentioned , but also concerning their seven sacraments , and their baptizing of infants , and in many more things ; and therefore may we safely conclude they are no popish recusants . so that it clearly appears from what i have already said , that they are not such men as the authors of that act ( which was made anno tertio iacobi regis ch. . wherein the oath of allegiance is contained , ) intended to have discovered and repressed , &c. and therefore may we conclude that the magistrates that tendreth this oath to them , and maketh it a snare for them ( whom they know will not swear ; ) do it rather out of malice and envy , then in justice or equity . now ( o king ) it is in thy power to remedy this , if it were but in thy heart to do ( something in order to the amending of it ) according to the power thou hast in thy hand , then might this yoak soon be broken off the necks of the oppressed in thy dominions . now if thou shouldest desire to have a way perscribed thee , how such a thing might be done , or would know where ever any prince or potentate did the like , when they had a people in their dominions that could not swear nor take up arms , &c. answer . i shall shew thee how a magistrate did beyond the seas , to tender consciences , that their yea should be taken in place of an oath , &c. but take a view of the order it self , or a copy of the substance of it , which is as followeth . whereas there hath been an adress presented unto his excellency in the behalf of certain inhabitants of the city of middlebrough , wherein complaint was made of the magistrates of the said city ▪ who not long since hath caused the shops of some inhabitants to be shut up , and consequently hath forbid their trading , though it be their only means they have to maintain their families by ▪ and that this hath been the case ( to wit ) their refusing the taking the accustomed oath as others have done ; yet nevertheless it appeareth , that for certain years past they have paid all taxes , contributions and customs belonging to the city , even equal with other citizens and inhabitants of the said city , though they had never taken the said oath ) and that willingly ; and therefore ought they now to have their liberty without being molested in this particular , seeing they desire nothing else , then to live in the inioyment of the liberty of their consciences ; in order to which this present war with the king of spain was raised by his subjects , the which now by the help of god is come so far , that the aforesaid liberty of conscience is obtained , and therefore it would be an evil thing to take it a way from these people , who through their paying of taxes and contributions and bearing of other burthens , ( besides the great hazard both of their lives and liberties ) hath holpen to obtain it . and it appears that these people have declared that they are willing to be ruled according to the ordinances of the city , yet nevertheless the magistrates do and have striven with them about the oath , which hath not only tended to the expelling of them out of the city , but consequently to the forcing out of a numberless company of others in holland and zealand , with their wives and children , to their utter ruine ; and this would not tend to any mans profit , but on the contrary it would be a great apparant hinderance to these lands , because thereby trading over all would greatly decrease . and forasmuch as these people do proffer , that their yea shall stand instead of an oath , and the transgressors thereof to be punished as perjured persons ; which thing his eccellency having taken into consideration , doth therefore with the advice of the governour and counsel of zealand , ordain and confirme ▪ and by these presents be it ordained , and confirmed , that the peoples yea aforesaid shall stand in stead of a oath , before the magistrates of the aforesaid city , and that the transgressors of the same shall be punished , as forswearers or perjured persons ; moreover his excellency do charge and command the magistrates of middlebrough , with all others whom it doth concern , for the future not to burthen the consciences of these people aforesaid any further with the oath , but that they should open their shops and follow their trading , as formerly they have done , &c. this was given forth in his eccellencies name , and under his seal in the city of middlebrough in zealand the . of ianuary , anno , . here followeth a copy of another order which tendeth to the confirmation of the former . noble , honest , honourable , wise , discreet and special beloved . whereas there are certain men , as it is said , dwelling in middlebrough , who with complaints have at sundry times m ad known unto us , how that you are daily molesting them , so that in q●ietnesse and peace they cannot follow their trading , thereby to get a lively-hood for themselves and their famelies , they being hindred from setting open their shops , under pretence of their refusing the taking of the oath , in such a forme as other citizens have done , the which we have already taken into consideration ; and seeing that the aforesaid people do profer to bear their part of all reasonable burthens with other citizens , they themselves being excused from bearing of armes , so that you may order that for them at their charge or such as you shall appoint , howbeit not to exceed equity and reason . but however we think that you are to be blamed , that you suffer them not to live in quietness and peace according to their mind and conscience , and according to the act , which with the advise of the governour and counsel we have formerly granted them , which they have shewed unto you , as they say , and nevertheless we have understood , that to this present day you will not observe it , nor our former letters ; we are therefore now finally necessitated to write this , by the which we do manifestly declare unto you , that it belongs not unto you in particular to trouble your selves about the consciences of any , if there be nothing done by them , which tendeth to the scandalizing of any ; and in that perticular we do not desire to respect or suffer any ; and therefore we expresly charge and require you , that from henceforth you forbear molesting these people called anabaptists , or from hindring them from following their trades and their merchandize , whereby they may get a livelyhood for their wives and children ; and see that henceforth you suffer them to open their shops , and to follow their business , as heretofore they have done ; and see that you take heed how ye act contrary to this , o● to the act before mentioned , or of taking any fines of these people for the case aforesaid , while nothing is attempted by them , which might tend to the scandelizing of any man , they bearing their reasonable share of suchburthens as do belong to the city , as well as others , &c. written at antwerpen the . of iuly , . thus very nobly did this prince of orange , undertake to procure these peoples freedome from that which envious men made a snare for them , like as some do now the oaths of allegiance and supremacy , as i have shewed before , and not only in this praticular , but sometimes in other cases is swearing made a snare for the people of the lord in thy dominion , which snare thou might as easily break by an order to the same purpose , even as he did by the order or orders aforesaid , by vertue of which , thousands at this day have their liberty in this particular concerning swearing , under the states of holland ; and their yea to this day is as commonly taken before a magistrate in the place of an oath , as an oath is from others , in matters of differences or other occasions , when in the magistrates judgement there is need of an oath . the ho. mo. heeren staten general of holland and west-●ri●sland ( so called ) did in this particular follow the foot-steps of the beforementioned prince , and the governour and counsel of zealand ; for upon a certain time when they had occasion for mony , after their great and tedious war with spain , they made an order for to injoyn the citizens and others , to pay them one guldert out of a thousand , or one pound of every thousand , and upon their oathes were they to declare so near as they could , what their estates were worth ; but the sta●es excepted the anabaptists aforesaid from swearing , and ordred that their word should be taken for truth without an oath ; yet if it could be proved that they did not speak the truth , then were they to be punished like the rest that swore falsely . it is probable that thou thy self hast had knowledge of these things before now , being thou hast been a traveller in these parts in thy own person ; now the anabaptists ( so called ) do not onely enjoy this priviledge in these low-countries , but also thy kinsman c. lodovicus prince of palatine , he affordeth the same liberty unto this people , who are neither constrained to swear , nor yet to bear armes within his dominions , no more then they are here in these united provinces , where they are neither fined nor imprisoned for not bearing of armes , nor yet for refusing to swear ; but doth not the common goales in england witnesse the contrary , which doth make the hearts of the righteous sad , who have desired that thou mightest so far have exceeded other princes in giving liberty to the lords people , as he hath exceeded in mercy towards thee , even beyond what he hath done or manifested for , or to other princes ? oh therefore let none of them excell thee , in nobility , or any vertue , but strive to be equall with them , if not to go beyond them , in every good work , and especially that , ( viz. ) in giving liberty to tender consciences . moreover ( o king ) if thou be not satisfied in thy self concerning the conscientiousnesse of those people in thy realm ( that cannot swear ) the truth of their doctrines , and the equitablenesse of their principles ; then chuse forth some of thy ablest divines , and let them have a fair dispute in thy presence , and in the presence of judicious men that fear god , and will judge impartially of the things they shall hear discussed , that so the truth may be manifested and embraced , and errour and erroneous opinions discovered and avoided . hast thou not read how that prince frederick of palatine in the year . did grant forth an order for a dispute betwixt a people called wederdoopers , or anabaptists , and the priests ? and how he caused the aforesaid order to be published throughout his dominion , in all cities and villages , that all his subjects might have timely notice of it , and he appointed two or three men to take care that things were kept in good order , and that each party had free liberty to speak , what they understood and thought good concerning the things propounded ; and he also caused ready writers to be appointed , to take what was spoken in writing , and all was to have their liberty to speak one by one . and that none of the anabaptists might refrain coming , by reason of expences , or want of money to bear their charge ; the prince therefore undertook to take care to provide lodging , with meat and drink , for them that were appointed to mannage the dispute , during the continuance of it , which was . dayes ; and every one was to be admitted to hear , whether they were anabaptists , or whatsoever they were , and the prince himself was present at much of it , as appears by the protocoll . these people called anabaptists , had suffered exceeding much persecution before the dispute before-mentioned ; & when the prince saw that they could not be wel suppressed with violence , then did he grant forth the order aforesaid for the dispute ; and those were a sort of people that were not conformable in many things to the generality of his subjects , in that they would not baptize their infants , neither would they swear in any wise , neither would they take up armes , &c. so the prince being in a strait concerning them , did as aforesaid ; and afterwards came they to obtain liberty and freedom , not onely in the paulz , but also in the low-countries , where at this day here are many thousands of them ; and surely it hath been for the states profit that they have been suffered , and that they have given them that liberty which they have afforded them ; and so will it be for thy benefit , to give liberty to that people in thy dominion , who abide in the doctrine of christ , and cannot swear at all ; though i know some may endeavour to perswade thee to the contrary , like as haman did perswade the king ahasuerus against the jews , saying , there is a certain people scattered abroad , and dispersed among the people in all the provinces of thy kingdom , and their lawes are divers from all people , neither keep they the kings laws , therefore it is not for the kings profit to suffer them ; even so mayest thou be instigated against the lords people , who are as dear unto him as the apple of his eye ; these things lay upon me to communicate to thee , some of which may serve as presidents and examples for thee , whereby thou may in part see how to make a progess into that which the lord requires of thee ; wherefore consider of them with thy counsel , and if the lord put it into your hearts to do good , do it quickly , before your glasse be run , and your day spent . and though many of those anabaptists did abuse their liberty , and so came to suffer for it formerly , in breaking their yea , yet the law remaineth still , which thousands have the benefit of to this day , that keep to their yea , in the united provinces and in germanie . and the people called quakers , have had opportunities and provocations enough to have taken up armes , and to have defended themselves , and who have suffered more then ever they did , that broke their word , and that you know , and are convinced of ; therefore have they chosen sufferings by all the powers before you , knowing that their kingdom and their glory is not of this world , therefore do they not fight for the kingdomes of this world . the end : notes, typically marginal, from the original text notes for div a e- vide their little catho . catechismus fol. . fol , . . rolw . apo. fol. , , . vide 〈…〉 ligion 〈…〉 vryhe 〈…〉 fol. ▪ hest. . . oaths no gospel ordinance but prohibited by christ being in answer to a. smallwood, d.d. to his book lately published, being a sermon preached at carlile, , wherein he hath laboured to prove swearing lawful among christians, his reasons and arguments are weighed and answered, and the doctrines of christ vindicated against the conceptions and interpretations of men, who would make it void / by a sufferer for christ and his doctrine, f.h. howgill, francis, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) oaths no gospel ordinance but prohibited by christ being in answer to a. smallwood, d.d. to his book lately published, being a sermon preached at carlile, , wherein he hath laboured to prove swearing lawful among christians, his reasons and arguments are weighed and answered, and the doctrines of christ vindicated against the conceptions and interpretations of men, who would make it void / by a sufferer for christ and his doctrine, f.h. howgill, francis, - . [ ], , [ ] p. s.n.], [london : . reproduction of original in union theological seminary library, new york. attributed to francis howgil. cf. nuc pre- . errata: p. 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texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng smallwood, allan, - . -- sermon preached at carlisle, aug. , . oaths -- england -- early works to . oaths -- moral and ethical aspects -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion oaths no gospel ordinance but prohibited by christ : being in answer to a. smallwood , d. d. to his book lately published , being a sermon preached at carlile , . wherein , he hath laboured to prove , swearing lawful among christians ; his reasons and arguments are weighed and answered , and the doctrine of christ vindicated against the conceptions and interpretations of men , who would make it void . by a sufferer for christ and his doctrine , f. h. because of oaths the land mourneth , jer. . , , , &c. by swearing and lying , and killing , and stealing , and committing adultry , they break out , and blood toucheth blood ; therefore shall the land mourn , and every one that dwelleth therein shall languish , hosea . , . printed in the year . to the reader . reader , truth never had that advantage nor countenance from the men of this world , ( though wise in their generation ) ( since sin entered into it ) to have the approbation of the world , neither of the powers and potentates thereof , for it alwaies hated the truth , because it bore witness against the world , and the deeds and works thereof which are evil ; for wisdom is only justified of her children ; and truth is justified of her children : neither indeed doth it need any other patron to shelter it self under , but the god of all truth , from whence it proceeds ; neither shall i seek a shelter , neither run to any mountain or hill for safety or protection , nor to the mighty of the earth , as many of latter dayes have done to patronize their labours , and to make them the more acceptable , and to be the sooner and more readily received : but seeing the apostle saith , not many wise , not many rich , not many noble are chosen , but he hath chosen the weak and poor , and despised of the world , who are rich in faith and good works , who are heirs of the promise , and of the world to come . i chuse only to be approved to the witness of christs light in every mans conscience , and to the measure of his holy spirit which he hath placed in every man , to that only i desire to be either approved , or by it reproved , for wholly unto the judgment of that in every conscience i appeal , and do commend this ensuing discourse , in the sight of god , and the answer unto smalwood's book , who hath sought to make void christs command , for to obey the command of men , as is manifest in his epistle dedicatory to the gentlemen of cumberland : for it seems by his epistle they put him on work , to preach and print this sermon , whether upon this subject or not i shall not determine , but however he sayes he hath obeyed their commands ; though he hath laboured as much as in him lies to make the command of christ void , and the apostles doctrine by his arguments which he hath raised to prove christs doctrine one thing , and his intention another , and so would blind the minds of people , only to establish the doctrines of men , and the traditions of men in the apostacy , and hath put divers constructions upon the plain words of the scripture and interpretation to prove his false assertion that he laid down at the first , that christ did not forbid all swearing ; i say i could have willingly have been silent rather then to be found over and over again contending with every new opposer , of those old truths , that have been believ'd and received long before the apostacy entered in , which hath been answer'd ( by that people i own , in judgment and conversation ) long ago ; to let pass those disadvantages , we have adventered upon ; our low persecuted , imprisoned , and in a manner condemned condition , so that we may exspect our words , how true soever , yet they are not like to gain much credit against such an eminent man as doctor smallwood . again , considering how we expose our selves to the lash and severity of a sharp law , which some men in their blind zeal are far more ridged and severe in their prosecution of it then i am apt to believe the supream enactors of it were in their intentions when they did inact it ; all which notwithstanding are no discouragement unto me , for as much as the internal and eternal truth of our god , which we have known , received and believed , is very precious in our eyes , yea , far more then either life or liberty , and estate , ( which some have forfeited and lost upon truths account ) or any external treasure , or outward enjoyment whatsoever , so that considering how the truth lies at stake we cannot be silent , least thereby we should appear to some mens apprehensions , as to be satisfied with what the doctor hath said , and own his arguments & reasons that he hath laid down for possitive truth ; i could do no less then to show our dislike of his doctrine , and to manifest the weakness of his arguments about this particular of swearing at all , under the gospel , though he hath strained very hard to prove his assertion , that oaths may lawfully he taken by christians in some cases , notwithstanding christs prohibition and command to the contrary , but of how little effect or force his reasons are thou wilt see in the ensuing discourse , although his book be looked upon by some , to be sufficient force to convince all gain-sayers , and although he say he hath had divers papers and books of dissenters , who are of a contrary judgment , where he found any reason offered against what he hath laid down for doctrine , he hath answered , though indeed he hath over-riden the most weighty matters in them , and hath said little but that hath been said before by other opposers of christs doctrine ; though its very like the doctor will count this but a loose discourse , as he hath done others of very great weight , ( yea indeed of more weight and reason in them then any thing , he hath exhibited , yet to the contrary ) and so count it not worth taking notice of ; but though he do not , it is not of much moment , for that end only i have writ , to bear my testimony for christs doctrine against all the false and feigned interpretations of men , being that which i have stedfastly believed , and is of that force and weight upon many consciences , and so evident by the spirit of christ , that they can receive nothing of mans faln reason and conceptions which are variable and changable to answer , or weigh down the doctrine of christ , and his apostles , and primitive christians , who walked in the order of the gospel , and obeyed the commands of christ before the apostacy entered in , and the power was lost , and the life and spirit of christ erred from ) and mingled the ordinances of the first and second covenant together , and the injunctions of men among them for doctrine , and then compelled all to receive it , all this long time of antichrists reign , and the false church visibility , wherein she hath sitten as a queen upon the waters , which are the nations , kindreds , tongues and people , which a. s. brings as a great argument to prove swearing in use among christians since christ gave out that command , swear not at all . the reasons the very strength of them , i have laid down as a. s. hath published them , without varying from his own words ; the answer thou may peruse and read without prejudice , and weigh with the measure of gods spirit in thy self , for unto that i appeal , which is a more certain thing then councils , or nations , or consent of multi●udes , who hath the name of christian , and walks not in his doctrine , neither lives his life , nor doth the things he saith , i am shut up in a corner , and have not that advantage that some opposers have of others labours as to bring authors of divers ages that denied to swear , though not only some there were but many ; but alas , they are condemned already by a. s. and others for phanaticks and heteradox , and so their sayings , will seem of less force , but however , i have not much striven , neither shall to fetch things from far in the apostacy , but rest in that which makes all things evident , even the spirit of god in thy own heart and the scriptures of truth , which was spoken by the spirit , which are so clear unto many , that there needs not multitude of words , to demonstrate this truth of the prohibition of all oaths among true christians ; but i shall not detain thee from the matter it self , and the lord give thee an understanding . f h. oathes no gospel ordinance , but prohibited by christ. there being a book lately published by a. smalwood . d. d. as i understand doctor of divinity ; first preached in a sermon at carlile , i suppose before the judges at the assizes then holden the th . day of august , . since which i perceive many additions , by reasons and paraphrases are added thereunto , and printed at york : in which discourse he hath vindicated the lawfulness of swearing under the gospel , and hath gone about to prove it by many reasons , and authors ; how that christ upon that subject , mat. . . swear not at all , did not intend an absolute universal prohibition of all manner of swearing under the gospel ; which book of his i have perused with an upright heart , and an impartial eye , seriously , to the end i might own that which is good in it , not as one being glued to an opinion or judgment ; but what as carries demonstration of truth with it upon my conscience and in my heart ; it being a principle well known and believed amongst us , to have our consciences void of offence towards god , and towards man : and seeing my self and many more are great sufferers at this day upon this very account , which i look upon , being truly and conscientiously grounded upon the doctrine of christ , and consonant to the primitive christians , and seeing so large things have been written by other hands in asserting the truth of what we have believed , which yet stands as a witness unto the doctrine of christ ; notwithstanding all opposition and gain-saying , that it hath had by many hands ; i could have been wholly silent , and have refered all that have been said to the judgment of the lord , and to that of god in every mans conscience ; but that i perceive a. smalwood hath rendred that people which i own in judgment , and practise , to be in error , and hath greatly gain-sayed and villified all such as ever did or do deny swearing upon never so conscientious account ; as erroneous , and as only sprung from the pelagian heresie and manacheus , and i know not who , and have rendred all with reproach and disdain , as phanaticks who discent from him , with disdainful , and reproachful names , to represent us as odious as may be to the magistrate , and at such a time as this , when tender and conscientious people , who fear the lord in their hearts , ( and desires to live and be at peace , and seeks it with all men ) are sufferers , and great sufferers too ; upon this very account , whereby many are stired up to more persecution and wrath against us : and besides this discourse it seemes is cryed up , as the most exquisite that ever was , or can be ; and as unanswerable , and that we who deny to swear , would abolish all judicable proceedings , and make them nothing ; this discourse is printed , as a. s. in his . page sayes , to induce us to forsake so irrational an opinion , and to convince us of our error ; and it seemes he himself , besides many other exspects it must effect some great matter . reply . i say all these things being considered , was a strong inducement to me , to write something in reply thereunto , though in very deed i love not contention , neither strife about words , but seeing it is the doctrine of christ , and that which hath been , and is stedfastly believed by divers faithful professors , and sufferers both formerly and now , however by a. smalwood accounted and reproached by that disdainful name of phanaticks ; a word lately invented in the pit of darkness , where many of those and the like reproaches come from ; i was engaged in my heart , to hear my testimony against this said book , and for the truth of christs doctrine ; not out of obstinacy and wilfulness , but in duty as by conscience to god and his truth ; which is dearer to me then my outward liberty or all i have to loose for it , which i and many more at this day choose rather to suffer , then to be found violating the commands of christ , or deny that which i have stedfastly believed ; being perswaded thereunto by the spirit of the lord , and evidence of the scripture of truth . the subject a. smalwood hath taken to treat upon , and in the end to gain-say , and pervert ; are no less then christs own doctrine , mat. . . but i say unto you swear not at all : who would have believed or thought that one who accounts himself a doctor , a divine , and a minister of christ , should choose christs own words to plead against christ , and them that do abide in his doctrine ? or that ever any should go about to prove swearing lawful from these words in gospel times , or that swearing is not forbiden ; but what would not this man encounter with ? or what would not he oppose ? if he have but the power of this world on his side ? it is a small thing to gain-say what we say , and pervert our words , and make them seem erroneous , and to make our intentions one thing , and our words another ; when he is so bold as to make christs doctrine , his express words swear not at all , and his intentions contrary to his words , what do we judg of a man that speaks one thing , and intends another ? it's fearful to think what conclusions some will make to carry on their intended designes , but me thinks a. s. might have been more considerate then to have taken christs own doctrine and words , to oppose christs intention , or to be so bold as to assert the intention of christ was otherwise then his words import ; but rather have chosen some other subject ; but what matter makes many of subjects , for with a consequence or two , and a little logick , they will seem to turn things any way , and go about to prove darkness is light , and light is darkness , and what as in them lyes make it so to appear if they take a matter in hand ; and therefore the apostle exhorted to beware of phylosophy and vain deceit , for by this men have been cuning and crafty , and lie in wait to deceive the innocent and harmless and to lead them out of the way . in the fourth page he saith , he will clear his intention , and that there are two sorts of men that do violence to this text ; the one winds it up too too high a note , as though christ had forbidden all swearing whatsoever . and in the tenth page he saith , this error is masked under a fair colour of a more then ordinary piety , but tends to overthrow all judicatures , and takes away the decision of all emergent suites and controversies ; and were it granted saith a. smallwood , we should be necessitated if not to disown the magistrates authority , yet to disobey their loyal command , as having a countermand from christ , swear not at all , and the other sort of men are such who in despight of this text do commonly , rashly , prophanely and falsely swear . answ. who doth the greater violence to this scripture ? whether a. s. who in his doctrine he hath raised from these words to be the foundation of his discourse , who makes christs plain and express words one thing , and his intentions another : i leave to all unbyassed spirits to judge off , or they that say , christ intended what he spoke , and spoke what he intended , i say let all see and consider where the violence lies , and in whom , and whether he doth not wind it up by that not , or contrary to it , to use his own words otherwise then christ intends it , as after will be made more evidently to appear , and we say it s not error but truth to believe christs words , who are truth , more then a. s. his conjectural supposition , neither do we believe it , to be error masked , but truth revealed , and christ spoke and declared it , that we might beleive it and obey it : and we believe that a. s. and many more hath put a mask and a vail upon christs words , and would hoodwink all , and lead them blindfold after their imaginations , and crooked pathes , winding and turning this way and that way that leads into darkness and trouble , and confusion , from the path of life : and what doth christs command ? viz. swear not at all ; doth it overthrow all justice and judicatories ? it is not the seat of judgment established in righteousness and truth ? and they that sit in judgment ought they not to give sentence and judgment in righteousness and truth , and as the causes are represented unto them , and brought before them , and may not every truth be confirmed out of the mouth of two or three * witnesses , and all emergent suits and controversies ended according to the best evidence after diligent inquisition and judgment given accordingly , and that without the needless and cumbersome formality of an oath , * which is sometime this , and sometime that , and changable , when as every true confession and testimony is equiv●lent thereunto , in the presence of the god of all truth , and who ever denyed this ? and there is no necessity so to judge that he that fears to swear , and take an oath , yet refuseth not to g●ve true testimony about any matter , whether it do concern the lord or his neighbour , that therefore he denies the magistrates authority , or yet disobeyes their legal commands ? so that though all swearing should be denyed , yet that which answers the cause in hand is not denyed , true testimony ; and therefore the magistrates authority and their lawful commands may well stand and be obeyed , and right done unto every man , and command stand also , these are but the secret smitings and suggestions of a. smallwood to render them odious to the magistrates and all people , who dissent from him in judgment : and indeed such like discourses and instigations from such like mouths and pens as his is , who is accounted learned and eminent , hath not a little added afflictions unto our bonds , and they have made wide the wound , and hath made the breach seem greater then it is , and the matter more grievous then there hath been any cause for , i desire they may consider of it and repent . and in . page , from this text , mat. . . but i say unto you swear not at all ; he layes down this proposition or doctrine , viz. our saviour did not intend by these words , swear not at all , an absolute , universal and limited prohibition of all manner of swearing , and goes on to prove it by divers reasons . the first he gives is , that the father and the son are one in nature , power , wisdom , immutability , and eternity , and one , in will and wisdom , therefore they cannot give forth contrary commands , but god the father hath commanded swearing , in these words , thou shalt fear the lord and swear by his name and serve him , deut. . . and therefore it is not possible that god the son should forbid it . answ. though the father and the son be one in nature , power and wisdom , and immutability , and will , as in themselves , and alters not , but keeps covenant from age to age , and from generation to generation , there is no contrarity in them , yet there are diversities of gifts but the same spirit , and there are differences of administrations but the same lord. it is granted that after sin entred into the world , and death by sin and diffidence , and unbelief , variance and strife , and many transgressions , for which the law was added ; and because of which the law was added , and the command given forth unto the jewes to swear by the name of god , as jerome saith upon the . of mat. . . it was permitted the jewes under the law , as being tender and infants , ( and to keep them from idolatry , which the rest of the nations did run into ) they might swear by the name of god , not that it was rightful so to do but that it was better to swear by the lord then by false gods or devils : but the great evangelical sincerity and truth admits not of an oath . secondly , for the ending of strife and variance being in the unbelief , which was the occasion of the adding of the law , and the cause of the command given forth , deut. . . with divers more words specified by moses and the prophets : and though christ came not to destroy the law but to fulfill it , and to destroy that which the law was against , ( and which it took hold upon ) and to finish sin and transgression , and bring in everlasting righteousness , and to restore to the beginning , and we say according as we have believed and received of the lord , and have a cloud of witnesses , both them that are gone before , and of them that yet remain alive : as christ said of divorcement , it was not so from the beginning ; so we say , oaths was not from the beginning , but was added after hardness of heart and sin , and unbelief , entered into the world ; but christ who was made under the law and fulfilled the law , put an end to the transgression , sin , unbelief , variance , and strife , in whom all the promises of god are fulfilled , he is the righteousness of god , and who are true christians indeed are come out of unbelief , variance , and transgression , and doth see and know christ to be the end of the law , for righteousness to them that believe , who exhorted to do the truth , confess the truth , and speak the truth , who said , swear not at all by heaven , and which after more shall be said god willing to the text it self : and so a. smallwood his reason is made void , and his impossibility made possible , that god gave forth a command , and permitted the iews to swear in that covenant and ministration , and yet christ in the new covenant countermands it as in the text , being the minister of a better covenant which stood upon better promises , who leads to the beginning , and is the restorer of all mankind that do believe ; and yet the father and the son are one in will , wisdom and power . and though a. s. and others cannot understand , or else hath no mind in that latitude as generally prohibitive of all swearing ; because he says , god did require it , no less then he did his own worship and service in the moral law ; these nice distinctions of moral , judicial and ceremonial hath confounded peoples understandings , though it is still acknowledged they did vow , and did swear in the first covenant under the law ; but whether he or any other making , swearing , moral , judicial or ceremonial is not much matter , seeing that christ the righteousness is the summe and substance of all , and the end of the law for righteousness to them that do believe , & in him is life and righteousness enjoyed ; for the law was given by moses , but the grace , the truth cometh by jesus christ , who is the summe of all types and shadowes , and therefore the apostle said , we are circumcised in him , and baptised in him ; and we do look upon an oath under the law to have some type and figure in it , notwithstanding a. s. say it was none , and that christ is improperly called the oath of god , no more improper then he is a vine , a door , a way , a shepherd ; * for all the promises are fulfilled in him , and are yea , and amen : and as for the morality of it so far as it is moral and perpetual to all under the gospel , is in confession of truth , and bearing witness thereunto as before the lord , or in his presence , and speaking the truth when there is necessity , as when any mans person or estate , or any part thereof is in danger , and this we have ever owned , and do own , and have , and are ready to testifie the truth before the lord , or in his presence as concerning any matter which concernes the glory of god , or the good of our neighbour without being pinched or bound up to a certain form of words imposed upon us , but according as necessity requires , so amply and largely as our words may give knowledge and understanding and light in any matter which is to be desired , but this hath been denyed , and hath not been received by this unbelieving generation , who seeks rather to establish the traditions and customes of men , rather then the evangelical doctrine of the gospel . and though doctor smallwood will needs have it , viz. swearing , neither to be ceremonial nor judicial , but for any proof he brings for ought i see it may be either as well as that he calls moral , for sure i am that oathes was used * in judicial proceedings , and ceremonies were used in the worship of god and his service then , and by commandement ; and the service of god , and his worship , i hope he will say is moral ; yet so as under the law , it was not without ceremony , and it is concluded by the most learned that there was some ceremony , or figure , or signe in that covenant , in all the worship , and some shadowes of good things to come , ( then if swearing was any part of the worship of god ) as the most do grant , and assert , and i think a. s. will hardly deny , then i argue it had some ceremony or shadow in it : but oh this a. s. cannot away with in this point of swearing , but it must needs be all moral for fear he should waken his matter that he hath taken in hand to war against christs command ; but it is evident that swearing was used in judicial proceedings , as is manifest , deutr. . . about killing of a man accedentally , and the . verse , about murther , and the . verse about land-markes , and in the . life for life , eye for eye , tooth for tooth , hand for hand , and foot for foot , about all these things and many more , and in the . verse about a false witness ( were to be decided and tryed by witnesses before the judges ) and judgment was to be given according to the several commands about the aforesaid different transgressions , all which statutes belonged to their judicial proceedings , as this about swearing , and as is manifest in this chapter ; and all of these commands seemes to have as much morality in them , as swearing hath in the judgment of many , unto whose judgment i leave what i say , to be weighed by the spirit of god in them . thirdly , the law sayed many things by way of precept and commission ( at least permission from god , which would be irregularities grosly reproveable in mens manners in moral matters , conversations , civil transactions , and communications , should they be used among them who profess the gospel , the law said an eye for an eye , tooth for tooth , hand for hand , foot for foot ; the gospel saith avenge not your selves , resist not evil , suffer wrong , put up , forgive , forbear , the law said , thou shalt love thy neighbour , and hate thy enemy ; but a. s. will look upon this as an addition or false interpretation to the law it may be , but how ever certain it is that under the law they made war , the jewes with amaleck with moab , with ammon , and the canaanites , and the aegiptians might be spoyled , but the gospel said only love your enemies , if he be hungry feed him , if he be thirsty give him to drink , and for any thing i can see the aforesaid commands were as morall , and had as much morality in them as swearing , what ever a. s. say or can say : in the th . section a. s. sayes if any argue that christ abolished the ceremonial and judicial lawes once commanded by god , he sayes he denyes that assertion , for we were never under the judicial law , it being solely given to the jewes for the regulating their common-wealth in the land of canaan , deutro . . . and they were never obligatory to us that are no jewes , nor never dwelt in canaan , and as for the ceremonial it was meerly temporary , and ceased at our saviours death , and was not abrogated , but observed by him in his life , neither can it properly be said to be repealed . reply . though i do not argue that christ abolished the ceremonial and judicial laws once commanded , nor abrogated them : yet bishop gauden doth , who attain'd , if not to a degree of knowledge and learning , yet to a degree of promotion above a. s. in his book which he wrote for the information of the quakers about swearing , he saith in his own words , christ came to fulfill the moral law , however he came in a way of fulfilling to abrogate the ceremonial , yea and the politick lawes too , belonging to the jewes policy in church and state ; and herein is the bishop and the doctor at odds , the bishop said , he abrogated the ceremonial law , and judicial law too , belonging to the iewes policy and state : but doctor smallwood says , he denies his assertion ; for says he , we were never under the judicial law , and what was never imposed need not be abolished : so then what remains for me to say but this , if swearing was any part of the iudicial law , or did belong to their political estate , as it is the judgment of many , but it is evident that swearing was used by the witness before iudges in israel in those days to try out their matters according to commandment given of god , as is evident from . deut. in the whole chapter , and divers other places then by this argument a. s. hath made , he hath overthrown himself ; for he saith , we are no iewes , nor in canaan , and so never imposed ; and what was never imposed need no abolishing ; and it is as i have said , manifest that oaths had relation to judicial proceedings , and to the service of god too in that covenant , which was shadowy , and consisted much in outward signes and figures , but the substance is christ. so then instead of proving swearing under the gospel lawful , he hath by his argument proved it never injoyned unto the gentiles , neither indeed was it , either ever commanded or commended unto the gentiles who believed , or they reproved for not observing it that ever we read of by christ or his apostles , or ministers in the first and purest times of christianity , for to jacob he gave his law , and to israel his statutes ; to every nation he did not so , no not to moab , ammon , nor the canaanites , neither the gentiles ; and though he seem to plead hard for swearing under the gospel , yet he falls short in his proof , except he took his own reasons and arguments which divers of them are but imaginary , & in the foundation of his discourse he hath taken such great compass , as there is not an universal , unlimited prohibition of all manner of swearing ; but what this manner of swaring is , it is very uncertain , somtimes he makes it this , and sometimes that , sometimes he saith it is no oath , though in the form thereof there be not i swear , or god be not named , or by god doth not always signifie an oath ; and other where he seems to affirm it to be an oath , but when an impartial eye hath sounded and tryed to the bottom what this swearing is that brings so much glory to god , and so much good to our neighbour , that he so vehemently contends for that ought to be observed as well as gods fear and service , ( it is but their own traditions and inventions , for that under the law will not serve ( as the lord lives ) or that he calls swearing under the gospel will not serve , ( the lord is witness ) or i speak the truth in christ ; or this is truth in the presence of god , or the like , none of these will serve : but though he and the rulers do say they are oaths , yet when at any time we have proffered willingly to declare the truth in this or that particular cause , or to make as ample confession in demonstration for clearing any cause in debate , that hath either conduced to the glory of god , or the good and profit of any particular man in the nation among whom we converse , and not without some attestation of god , or of his wisdom , power , and presence , yet it would never yet he received but reckoned as insufficient , though both the rulers of this age , and a. s. have sayed it , it might be that in private it might , but in judicature never was received , though i do believe the most doth believe we dare not lie in ordinary communication , much less in judicature , yet we have been set aside as objects of wrath , as deluded erronious , factious , seditious , contemners of law , obstructors of legal proceedings , except we would lay our hand upon a bible and kiss it , and say , i swear , and by the contents of the book , and so help me god , or else fined , imprisoned for term of life , our lands and goods confiscated , and we sentenced to be banished , our wives and children ruinated , husband and wife parted , children and parents separated , and such monsters of christians have we to deal withal in this age , and how many brought into this sad condition in england , as little a. s. knows as cares . but for ought i know that he and such as he , in such publick discourses as this of his hath blown the sparks and hath kindled a flame in the rulers , and incensed them , and stirred them up to severity and harshness against them who fear the lord , and doth maintain peace with all men as much as in them lyeth , and keeps their consciences void of offence towards god , which makes us to chuse rather all this hardship then to offend the lord , who serve and fear his name , and reverence it more then they who seem to honour it , and pretends gods honour thorow their swearing . but to make amends for this , a. s. he saith , the magistrates must act by the law , and that enjoynes such a forme of swearing and they cannot allow it . unto that i answer , it had been a more necessary discourse for a. s. to have exhorted the magistrates , if the law had been answered in the substance , not to be so severe in the forme , and also to have told them where any law was made contrary to the law of god , either in matter or forme : the consciences of believers could not yield obedience thereunto , when it was repugnant unto the law of god , and not according to the forme thereof , and in such cases to be wary , and he and the rest of the clergy to have advised with the rulers and law-makers , and to have informed them from whom they receive such great incomes , and revenues , ( for the preservation and peace of all men ) that they need not stand so much upon the forme , seeing that so many conscientious people questioned it , so that there needed not such tying up to forme , under such great and heavy penalties , as banishment , confiscation , and perpetual imprisonment , but have informed them so that the truth might have been found out , and no judicial proceedings hindered , which i am sure may be without any swearing , true testimony never being denyed , when required by any magistrate , and let bua a penalty be upon him that gives false evidence , or speakes an untruth about any proceedings in judicature , or otherwise called to bear evidence in any controversie , if found out , let them suffer as them that sweares falsely , and as perjured , and the case is one , and here all scruples , and contentions about swearing would end , and there would not be the least obstruction in legal proceedings , or in administration of justice , and let me tell doctor smallwood , and the rest of his brethren , that if they would move such a thing in parliament , peradventure it would be readily received from them , and in so doing , they would do as acceptable a piece of service , and as well pleasing to god , and would conduce as much to the peace and tranquility of the nation , as any thing that ever they will do in their age , or hath been effected many ages , and so all these heart-burnings , contentions , and evil surmisings , and evil representing one another would cease and end , and which if not effected , nothing can be looked for but sad suffering , and great oppression and persecution , which will provoke the lord to anger , and ever did against all them that were the cause of it in ages past , but i come to his second argument . second argument . some without any colour , reason or possibility of proof , will need have swearing a ceremonial write , but god ranks it with his fear and service , therefore it must needs be moral , and therefore what at all times , as well under the gospel as under the law , as well amongst the gentiles as the jewes , tends to the glory of god , that is not a ceremonial ordinance , nor forbiden by christ , but such is swearing , and therefore it cannot be thought to be prohibited . reply to this . it hath been said and often asserted that all the ten words and commandements were moral and perpetual , as well under the gospel as under the law ; then i wonder what a. s. and divers others intends to do with the fourth commandment , if it be moral and perpetual and to be observed , in the same manner and with the same service , as then commanded , and the same day and time , then he and most of them who contend most for the morality of these ten commandments , are great transgressors , and if he grant there was something ceremonial in it , and typical or figurative , which then was the seventh day , which was given for a signe , ( of the worlds rest from its labour ) and of keeping after it an everlasting sabbath to the lord , by mans cessation from his own works , as god did from his , isai. . and the last heb. . which iewish observation of the seventh day as a sabbath now , though never so solemnly , as then commanded , will have no acceptation at all , no more then he , and he as much ( that is none at all ) that never so solemnly swears by the name of god , in such ceremonious ways as the iewes did of old , ( or goes beyond the bare asseveration or testimony of truth , with some attestation of gods power and veracity which hath never been denyed ) which to do , we do not only think but know it to be a superfluous ceremony of judaism ) not to say brat of jewish extraction as a. s. doth ) now circumcised and cut off from christians by christ , and what though god did , deutro . . . rank it with his fear and service , was there any service or worship in that covenant , that had not some signe and shadow in it , and was ceremonial , and was to end in the substance , was there not prayer , and praysing , and were not these service and worship , and had these not the ceremony of incense and sacrifice , which then attended these services , but the substance was lifting up of the heart unto the lord , and making a melody in the heart , and circumcision is now that of the heart , rom. . which was outward before , the killing of a lamb at the passeover was an ordinance in that covenant , the substance thereof is christ , the passeover ; the other now under the gospel would be no more then cutting of a dogs neck , these were all ordinances of god to be observed , and in their time and day , and they that did according to the command of god , tended to the glory of god , in that first covenant , but in the second under the gospel , whosoever should observe them , in the figure , ceremony , and shadow should much dishonour god and his christ the substance , and christ would profit him nothing , see that ceremony of swearing , the morality that only abides under the gospel is testifying the known truth from the heart , with some attestation of god to witnesse , who is witness of all we do or say , and that no more then confession or deniall , by yea or nay which is no oath , is that standing substance and the moral , if a. s. will have it called so that remaines under the gospel , which answers that ceremonious way of swearing under the law , which is most evident by the apostle pauls rendring of that terme swearing as it was spoken in way of prophesie concerning its continuance , then isa. . . to me every tongue shall swear under that tearm confessing only under the gospel , rom. . . every knee shall bow , every tongue shall confess to god , confession under the gospel is made equivolent with an oath under the law , but this rendring of it a. s. doth not like , but would pervert pauls words to have it confession , ( but put to his own addition ) by oath so that his argument is void , swearing was binding in that ceremonious way which it was commanded under the law , but not under the gospel , nor among the christians , who are come to the substance , and to confess and speak the truth in christ to the glory of god acknowledging his power and omnisciency , and his justice in discerning whether truth be spoken , and in punishing them that speak falsely , and his wisdome in discerning the secrets of all hearts , and a s. might as well have said that offrings and oblations and sacrifice tends much to the glory of god under the gospel as under the law as swearing , but saith he swearing is a part of gods peculiar service , that is incommunicable to any creature , the like i say of the former , offring and sacrifice , and incense , was incommunicable to any creature , but was due unto god alone ; yet it doth not follow as well under the gospel , as under the law , for that were to set up the figure and deny the substance , so this second argument is insufficient , and the third is somewhat related to it , which i now come unto . thirdly . this third argument is , that if christs purpose be utterly to abolish all swearing as an illegitimate brat of jewish extraction , not to be admitted into the christian church , then it must be either as it is repugnant to our duty to god , or else to our neighbour , for into that summary he hath contracted the whole law. reply . we must still distinguish that which was once a duty to be performed under the law , because commanded , is not required as a duty under the gospel , and the strength of most of a. s. his arguments , and the rest who contend for swearing under the gospel , are grounded upon the mosaical law , though this of oathes he will needs have to be moral ; it may be he would contend as much for the morality of tithes and oblations , if it had been the subject of his discourse , as for oathes , and them to be jure divino , under the gospel , for many such we have met with , and he might bring the same arguments for tithes and oblations , they are not repugnant unto god , but brings glory to his name ; because hereby his ministers under the gospel are maintained , and are enabled thereby to preach the gospel for the conversion of soules , which addes much to the glory of god , and therefore cannot or are not to be prohibited , but these only belonged to the levitical priesthood , and continued only to the time of reformation , viz. to the bringing in of a better hope and a better covenant , which stood upon better promises for the priesthood being changed , there is also of necessity a change of the law , hebr. . . by which tithes was a duty , and they robbed god that detained them , m●l . . . but this being ended and fulfilled in christ the everlasting high priest , who by one offering perfected for ever them that are sanctified , he bid not his disciples require tithes as a due , or duty belonging to god , under the gospel , but freely you have received freely give , and what house soever yee enter into that is worthy there abide , and eat such things as is set before you , for the workman is worthy of his meat , and this was far more evangelical , and conduced more to the honour of god , then tithes , and the apostles lived more by faith upon god , who provided for them , who was employed in his service , so that i argue what was once a duty under the law ; that was to be performed unto god , is not always a duty among christians , for though oathes were commanded unto the jewes in that time of infancy , and as being weak , and it was permitted them , as jerome saith upon the th . mat. vers . . to swear by the name of god to keep them from idolatry , seeing all other nations were given to idolatry , and swear by false gods , as chemosh , ashterah , and baal , he knew their aptness to be led aside with the customes of other nations , and therefore they were to acknowledge him alone , who was the living god , and no other , and to testifie truth by his name , as a thing certain and sure , and therefore one of their oathes was , as the lord lives , and this among the rest was one of the precepts of the law , which was added because of transgression , to swear by his name , which needed not have been added , if sin , and transgression , and unbelief had not entered in , ( mark this ) and this law of oathes pertained to that part which was in the transgression , and variance , and strife , and that led to worship idols , and this continued while that nature was standing , but christ was revealed and given to finish sin , and transgression , and unbelief , and to do away that part that lusted after idols , and that led into variance , and he leads out of the occasion of evil , and from that which was the cause of the addition of the law unto everlasting righteousness again , which was in the begining before sin entred , and they that come to believe in him are not under the law , but under grace , moreover the apostle saith , rom. . . the law hath power over a man so long as be liveth , even as a wife is bound by the law of her husband so long as he liveth , ( and no longer ) so as long as man liveth in sin , unbelief , transgression , discord , variance , and strife , and idolatry , the law hath power over him to correct and reprove him , and judge him , and was to be a limit unto that nature ; but christ leades out of the occasion of all these , for which the law was added to do the truth and speak the truth , and ceaseth strife , for which the law was added . again , the law was added as a cure and a remedy to defide controversies , and ill distempers , that was entred into the hearts of men , in the unbelief , and that is one reason which doctor gauden gives , why solemn swearing should and ought to be in judicial proceedings among christians , to take away jealousies , distrusts , dissimulations , frauds , unsatisfactions and insecurities ; and quotes grotius , that swearing is necessary , not absolutely and morally , or preceptively , but by way of consequence and remedy , as to the state of the jewes we shall not , nor have not denyed it ; but as to the state of christians who are truly such , we say that the cause is taken away and the effect follows , all jealousies , distrusts , dissimulations and strifes , and insecurities , and so the remedies , to wit oaths ceaseth , and the necessity of them , and that was one main thing why oaths were permitted to end strife , and strife is a work of the flesh , and variance and discord , and it is inconsistent with true love to our neighbour to hold that which answers the strife , and that part , for love fulfills the law , works no ill to the neighbour , ends strife , and so puts swearing the means to end strife , and the remedy out of place and date . but a. s. goes on and tells us that oaths advisedly and reverently taken upon necessary occasions are so far from displeasing god , or hurting our neighbour , that on the contrary they are acceptable to the one , and advantagious to the other , for by them princes are secured of their subjects allegiance , and generals of their souldiers fidelity , leagues confirmed betwixt nations , every man 's just right maintained , offenders discovered , and duly punished , and controversies and suits desided : and these are such great and good ends that men cannot be in any degree of security or happiness without them . reply . to this i answer , that notwithstanding all the great and good ends , and the necessity of oaths which a. s. conceives that men cannot subsist in any degree of security without , yet we see by experience notwithstanding all the reverent taking , and all the solemn taking , and the necessity that is put upon oaths , yet they have never answered the end purposed , for where perfidiousness and unbelief , and distrust , and jealousies , and strifes are , ( which is no where so much ) as among those that plead for swearing , yet oaths doth not , nor hath not bound them , when they had a mind to be loos'd , & sees that to stand to such obligations will not be for their profit , or present safety , many instances might be given ; what security had the pope when all the nobility and clergie in england were bound to maintain his supremacy by oaths ? and no doubt but they swore reverently , and it was judged both by the then church and state to be binding , and yet notwithstanding all the obligation , all was broken , and the popes supremacy denyed , in the time of hen. . and edward th . in their time all swore against the popes supremacy , either in church or state , and how much security was the nation in when queen mary came to the crown , though the nobles and the bishops , and prelates did all swear against the supremacy , yet behold it was brought in again , and confirmed by oath again ; and yet in the days of elizabeth renounced again , and of latter days what oaths have been exacted , first by one , and then by another , and one party contrary to another , though every party fancyed a security for the time , but it proved of no more effect , neither were they in any degree more secure then if there had been none at all ; for indeed that frequent swearing hath made men being got into a custome of it that it is become a light thing unto them , though otherwise they look upon themselves as bound ; generals how have they turn'd one way , and another way , and souldiers the like ; so that one may conclude indeed that oaths are made no more of but even to stand in force , while ( that bears up head and is exalted ) that to please the present time and power they seem to be devoutly obliged to it , but if it come under any eclipse or demunition , then they reckon themselves no longer obliged ; so that indeed their oaths are becom'd of little or no force at all ; and for controversies we see they begin many , and is the cause of much dissention and discord , but ends few ; for why may not all these foresaid states and conditions be secured , and as well , and the good and great ends accomplished , that a. s. pleads for by true evidence of every one concerned in any of the foresaid relations , by declaring and confessing the truth , and speaking it unto men as necessity requires without oath , yea and all the foresaid states have as much security , and subsist as well , if not better , then by all this swearing , which more properly belonged to the judaism then to christians , and there is no such necessity of them among christians if any at all , who dare not swear for fear of offending christ , or denying his doctrine , and yet will not lie but speak the truth , and indeed it is the custome of swearing , that have been used in the nations since the apostacy entered in , that is more looked upon then any thing else , more then any legality , necessity , or security , under the gospel seeing in the primitive times truly so called , it was enough to say , christianus sum , and that sort of swearing that is imposed now hath no other ground but custome , which jer. . . is accounted to be vain , neither hath it so much as an inch of ground from the scripture , and therefore doth not bring so much glory to god as a. s. tells on , because whatsoever is added or superadded to whatever god commanded as to matter or forme is but will-worship at the best , and a making whatsoever was said or commanded , or practised before , imperfect , and no way sufficient , but more of this shall be said after if the lord permit . fourth argument , had christ intended universally to forbid all kind of oaths in the words , swear not at all , then those amplifications , neither by heaven , nor by earth , neither by jerusalem , neither by the head , had been useless as being generally included in the general prohibition , but had he meant that no oath should be used upon any occasion , the subsequent words are so far from giving light to the preceeding that they much obscure them , but had he said no more then swear not at all , it might have been said he disallowed all oaths , but he descending to this or that creature may rationally imply that his purpose was only to forbid such swearing , and not that which was formerly enjoyed , and his conclusion is only creature swearing , or swearing by creatures is that he would have forbidden . answ. christ knew better what he intended then a. s. who would make his words one thing and his intention another ; it is evident by the preceeding doctrine , and by that which follows after the text , that christ prohibits all swearing , which shall be further spoken on when the second part of the discourse is spoken of ; some stumble ignorantly , and some wilfully , would pervert , and turn aside from that which they have no mind to receive , and would hold up that which they assert true or false , & that makes all this disputing and reasoning about the plain words of scripture , christs words ; but i say unto you , swear not at all by heaven or earth , is a general negative of all oaths , even of those which before were used in the time of moses , and by heaven and earth , and jerusalem , are more ample expressions of christ to make the scribes and pharisees understand his mind of his dislike of these oaths by creatures that they frequently used , and though these and much more were included in the general negative , swear not at all ; yet they are not to be excluded as superfluous , neither do they obscure the former , swear not at all , but gives more light to the former , to any but them that fees with a. s. his eyes , for by heaven , by earth , by jerusalem , are more ample expressions of his mind , and a further explication of the former , swear not at all ; and though they seem to a. s. to obscure and darken christs words , if he did intend all oaths , yet they that see with another eye then he doth is that they are only more large expressions thereby to make the pharisees understand , who were in the unbelief , and dull of hearing , that he did not only forbid what the law had forbid before , but even those oaths that they frequently used , under those terms and forms which the law had not spoken of in those words , as heaven , earth , jerusalem , head and foot , and therefore he enumerates them as an amplification of his former prohibition , and so they are to be joyned , and we shall not stop as a. s. says some doth at the words swear not at all , but shall joyne that which christ hath joyned , viz. heaven , earth and jerusalem , and to be enumerated only and joyned to the former negative , and spoken as to their capacities in those ful and large terms that they might understand his mind , that he prohibited not only by heaven and earth and jerusalem , but even any other oath which the law had commanded , or the jewes permitted to swear before ; and though a. s. would have it limited , only to swearing by creatures , which indeed were forbidden under the law ; but christ who taught a more evangelical and exact obedience then the law , he said , it hath been said of old time thou shalt not forswear thy self : but i say unto you , ( who saith more then the law hath said ) swear not at all , but let your yea be yea , and nay , nay , for whatsoever is mere cometh of evil . and of this mind was bp . vsher , late of armaugh , who pleaded the cause of the w●ldenses , or leonists , whose names are famous amongst the reformed chu●ches , and were the most ancient and true protestants , if any reformation be looked at beyond luther , they professed it no way lawful for a christian to swear , and the said bishop vsher de succes . chap. . doth esteem that place of the th . of mat. swear not at all ; and that of th . james to be a sufficient plea for them against the papists , and he pleads their cause ; and this made renerius and jansenius so much envy the waldenses two romanists , who said amongst all the sects which are or have been , there is not any more pernicious to the church ( meaning the church of rome ) then the waldenses ; and that for three reasons , first , their antiquity ; secondly , because of their universality ; thirdly , in that they did maintain and hold it no way lawful for a christian to swear on any occasion . but it may be that a. s. will tell us that these and other were condemned in some general or provincial council for heresie , and if he do it is no great matter , since most of these have erred , especially since all nations have drunk of the vvhores cup of fornication , and have erred from the faith , and have lost the power , and then contend for a forme , and bind all to receive it upon some comination or malediction , or other , or else they were hereticks ; and why who said so ? the church hath so decreed ; and if these canons and such like must be binding , a. s. will hardly escape their censure , if he continue in the profession of the faith he is in , though he and they seem to agree in this particular , about swearing . but i come to his fifth argument . fifth argument , christ never forbad any thing but what was intrinsecally evil , as may be proved by induction , he forbids anger , abusive language , he forbids lust , and divorce , and swearing by creatures ; and therefore what ever he forbad was evil , and that in it self , and not meerly as forbidden but swearing in general is not , for that hath not only been the practice of holy men , but of angels , dan. . . revel . . . reply . was it evil in it self under the law if a man smote out anothers eye , or tooth , or cut off his hand , or his foot , or give one a would in any part of the body , deut. . . levit. . . . deut. . . was it evil in it self for the judges in those days to give sentence , that he that had struck out his neighbours eye , or struck out his tooth , or cut off his hand to pronounce and give the same judgment unto the offender that he should be so done withal , was this eternally evil or intrinsecally evil for the party so wronged to seek remedy ? or was it not an act of justice equal and good , not only because enjoyned and commanded , but in it self just , and was it or is it an act in it self ( intrinsecally evil ) if a man sued a man wrongfully at the law , and takes a mans coat or garment away to seek to defend himself , and preserve his coat or cloak , if not a. s. his argument is of no moment ; for even in the same chapter , where envy and murther , and divorce saving for fornication , and abusive language , and all swearing is forbidden , so is that forbidden which is not intrinsecally evil by christ , mat. . , . but i say unto you that you resist not evil ; and whosoever shall smite the one cheek turn him the other also ; and if a man sue thee at the law , and take away thy coat , let him have thy cloak also ; and whosoever shall compell thee to go a mile go with him twayn . and it is in the new testament ( i hope ) written , avenge not your selves . and was it evil in it self , or morally evil to keep the seventh day of the week as a sabbath , or only good because commanded , or was it lawful to fight with amalecks , edomites , aegiptians , and canaanites , because israel was only commanded , or because they were real enemies to god in their hearts ; or as samuel fisher said well in answer to doctor gauden , which a. s. quarels with , that circumcision , sacrifices , and offerings , passeover , and new moons , fasts and swearing , was not evil in themselves but because forbidden ; and though a. s. give such a great challenge to s. f. to produce one instance that any thing was prohibited by christ , but what was intrinsecally evil , or else his argument is in vain , i say the aforementioned thing prove it , that something was forbidden that was not evil eternally and intrinsecally , but because prohibited , and again in the same chapter , ver . . but i say unto you love your enemies , bless them that curse you ; though under the law they did fight , and might fight with the aforesaid enemies , the canaanites , and gentiles ; but now i say , put up , forgive , love your enemies , peter put up thy sword , he that takes hold on it shall perish by it ; avenge not , go not to law one with another , cor. . . suffer , forbear , forgive if thy brother sin against thee seventy times . times . and though a. s. say that nothing was forbidden by christ , or in all the new testament but what was in it self evil , or in some respect conducing thereunto ; methinks he hath given too bold a challenge ; what will he say to all the former things mentioned ? and what evil had circumcision in it , or the passeover , or sacrificing , or new moons , and the sabbath days , or what tendency had they to evil , but rather were good for the end they were ordained , to be signes and types , and figures of holy things to come , like as swearing was among the rest , what ever a. s. say or argue ; and yet when the substance of the good things was come to them that had believed , and received him who was the summe of all ; the apostle said , gal. . , . if you be circumcised christ profits you nothing ; after he was offered up : and gal. . , , . you observe new moons , and holy days and sabbaths : and these things that were once as really good as ever swearing was , considering the end wherefore they were enjoyned , and these things was never evil in themselves , yet the apostle reckoned them beggarly rudiments , and told them they had begun in the spirit , and now sought to be made perfect through the flesh ; and so stood in doubt of them that his labour had been in vain , and therefore if a. s. or any other will needs uphold swearing , because commanded to the jewes , ( before the seed christ was revealed ) i say he is gal. . . ) a debter to the whole law ; and is as much bound to keep it in all other points as this , or else he is a transgressour , and is one of those that would be laying yoaks upon the disciples necks , unto whom they were never intended , for if the ceremonies and rites and outward observations which properly did belong to the jewish church , and state to observe till the fulness of time , when the partition wall should be broken down , and the jewes and gentiles should be one , and one shepherd and one fold for them both ( and no longer ) and they were never given to the gentiles to observe ; and therefore , for ought i can perceive many would have the gentile christians , who never were under the law , neither the ordinances of the first covenant , neither ever given to them , yet they would compell the christians to live as do the jewes , and to observe their ordinances ; and therefore are greatly to be blamed , gal . , . therefore we do not look upon any swearing to be now a duty under the gospel among true christians , truly such , as some swearing was once under the law , but affirme all swearing to be now a sin , because forbidden by the positive law of christ under the gospel , who by his death ended the right of that , and many more legal rites and rudiments , which who so doth observe now as christians doth it not without sin , and guilt , and superstition ; and therefore s. fisher that faithful servant of god ( who suffred in bonds til death for his testimony even in this particular ) saith well , that that sort of swearing which was not sin simpliciter in its nature under the law , is now a sin upon the account of christs universal prohibition of all swearing ; who was of authority to put to an end , as he did by his death unto the law : and therefore that sort of service and worship which stood in outward observations , which was a duty because commanded under the law , and no sin , in their own nature , neither were evil in themselves , nor in any respect conducing thereto , as they were observed , but had some signal good in them once , and yet who observes them now , as service of god , makes christ of so little effect to himself , as that he profits him nothing at all ; i hope a. s. will not deny but these things are forbidden in the new testament , which sometime were not evil in their own nature , but now are evil when the substance is come , in whom they all end ; and therefore s. f. his argument is not vain but of force : and yet let a. s. know that there were many things observed and done not only by the jewes , but by them that believed in christ , and thought well of him while he was present with them , and yet did not see to the end of these things which were shadows and signes , and good as once commanded , and had no evil in them , but were good as commanded , and for the end for which they were ordain'd , which afterwards in the more full growth and knowledge in the mystery of christianity they came more to be seen thorough , and that was felt in which they all ended ; and though christ came not to destroy the law , but to fulfill it , and to observe the ordinances commanded in that covenant to fulfill that which was written of him , psal. . . in the volume of the book it is written , i am come to do thy will o god. and further he said himself , it behoveth us to fulfill all righteousness : and that which was commanded , but this was before he was offred up , and was as a midle dispensation betwixt the ending of the law and publishing of the gospel ; yet howbeit christ knew it , and did speak of it at some time , that those things that had been sometime commanded , deut. . . and was good as they stood related to the end wherefore they were commanded , instance the worship at jerusalem , and the service there , and the place where god had promis'd to place his name , yet christ said as foreknowing the end of all , the aforesaid worship which appertained to that covenant , and therfore he said to the woman , joh. . . but the hour cometh and now is when the true worshipers , shall worship the father in spirit and truth , for the father seekes such to worship him , and . vers . god is a spirit , and they that worship him must worship him in spirit and truth , cor. . . from hence it is clearly evident ( for this was before he was offred up ) ( that then was the time ) that neither at jerusalem , nor in the mountain of samaria , it shall be only said they worship the father , though at jerusalem was the place , deut. . , , . of worship formerly , and the jewes held it then , and the worship was that which was commanded , to wit sacrifices , and offrings , and many other legal services , which belonged to them to perform according to the command of god , and if swearing or oathes was any part of the service of god , as in that covenant , as we with a. s. doth grant , deutr. . . you shall fear the lord and serve him , and swear by his name , then i say , that swearing amongst the rest of the worship is included , but saith christ , neither at jerusalem , nor this mountain , but they that worship shall worship the father in spirit and in truth , so that the time was ( then ) but came on more afterwards to be fulfilled , that both the place , and the worship , and service that belonged to the place , they should no more worship the father ( with and in ) but in the spirit and in the truth , and this may be in answer to that which a. s. makes a great adoe with in his book , how that christ said , swear not at all , it was before his death , and therefore they that argue , saith he , that swearing was prohibited only and ended in christs death , cannot plead that all oathes was prohibited , but that command of christ , mat. . because he spake this in his life time , i say so did he this , jo. . , , . and he may as well argue that christ destroyed the place of worship at jerusalem , and the worship also , and came not to fulfill it as he saith he did , and why , but because he spoke this before he was crucified , and so did he , swear not at all , and why may not a. s. conclude with us that this is a commodious place to interpret and explain christs meaning in those words in the th mat. , and . and so the words may truly be understood thus , yee have heard that it hath been said of old time , thou shalt not forswear thy self , but shalt performe unto the lord thine oathes , exod. . . and deutr. . . but the hour cometh and now is , ( when i say unto you ) that say more then the law hath said , swear not at all , neither by heaven nor by the earth , but let your yea be yea , and your nay nay , for whatsoever is more then these cometh of evil , and yet whatever may or can be said a. s. will need conclude that all swearing is not forbiden , and why ? because it hath been the practise of holy men , and also an angel , this argument is of little force , so was it the practise of holy men to offer sacrifice , and burn incense , and as for the swearing of the angel , dan. . and revel . . . to prove the lawfulness of some swearing , these hath been answered , over and over , and over again , though a. s. will take no notice of it , though i perceive he hath read the arguments that have been used as answers to these things , though he will not seem to take notice , nor to reply to confute the arguments , but rather minds his own , and to assert what may seem to make for his purpose , as to the matter he hath taken in hand , but as for good mens swearing , and the angels swearing , if their example would justifie the lawfulness of swearing , yet they could not be any president to us , who are under the gospel of the son that is greater then the angels , ( by the dispensation of whom ) the law for oathes , tithes , offrings , oblations , and other legal rites , and rudiments was given , which son also , all the angels of god are bid to worship , for the apostle saith , hebr. . . for unto the angels hath he not put into subjection the world to come , but that is committed unto the son , under whose ministration and subjection we are , who said , let your yea be yea , and your nay , nay , and speak the truth , and do the truth , and bear witness to the truth , who said , learn of me , and these things we have learned of him unto whom all power is committed , for he is counted hebr. . . more worthy of glory then moses , though moses was faithful in his house as a servant , but christ as a son , which is that great prophet that moses prophesied of , which all is to hearken unto , with whom the father is well pleased , being made so much better then the angels , hebr. . . as he hath by inheritance obtained a more excellent name then they , vers . . for unto which of the angels said he at any time thou art my son , this day i have begotten thee , vers . . again when he bringeth the first begotten into the world , he saith , let all the angels of god worship him , of the angels he saith he makes them ministring spirits and a flame of fire , but unto the son he saith thy throne oh god is for ever and ever , the scepter of righteousness is the scepter of thy kingdome , for if the words spoken by angels was stedfast , and every transgression received a just recompence of reward , how shall they escape ( hebr. . . ) who do not only neglect the command of christ but labours to pervert , through their strength of their own reason the ministration of the son , who is the summe and substance of all shadowy and typical ministrations ; and therefore a. s. and all concerned look to it who would introduce judaism and the mosaical observations upon the neck of christs disciples , and as lawes in his kingdom , and whether would not this prefer the servant before the son , yea or nay , and his ministration before the ministration of the sons , though the one is not against the other , but the one pointing at the other , and in the latter the first is fulfilled , the truth declared , the truth spoken , the truth lived in , and the truth confessed in every matter wherein any christian is concerned , which is the summe and the matter , which all oaths in their highest and greatest ordination could or can effect . in the ● th . page of his book he saith , our saviour saith amen , amen , . time in john's gospel , which he saith st. ambrose will needs have to amount unto an oath ; and he cites apoc. . these things saith the amen , compares it with isa. . . where he concludes that amen seems either to be a name or an epethite of god , and this he says is the opinion of our church in the homily against swearing , that our saviour did swear divers times ; and further says , it cannot be denyed that god himself swore , psalm . . . the lord hath sworn and will not repent ; and so concludes that christ forbid not all swearing : unto this bp. gauden though he straines and scrues very hard as a. s. doth to make all things to bend to their inclination will needs have ●men , or verily , verily , to be an oath : doctor gauden in his citation of capellos out of rabby johnas , says , in veritate forma jurandi apud judeos ; but he concludes doubtfully , and says , it is only the next degree unto an oath ; but a. s. thinks he hath put it out of doubt with his reason and his authors , that verily , verily , is an oath , which if it were true this would only prove swearing lawful in sermons , and not in controversies , which is the great good end he so much pleads for , and if this were true would serve his turn . the magistrates exacting oathes he seems to prove out of the mosaical law , and the priests swearing lawfully out of pauls epistles and christs sermons , but this his covering is too short , and is but trifling in the weighty things of god , not distinguishing betwixt the first covenant and the second , and the ordinances thereof ; for the first he hath no adversary , viz. that they did swear though never exacted under penalties , the second we conclude to be no oath , viz. amen , amen , or verily , verily , which is no more then truly , truly , i say unto ye ; and if this be an oath why hath it not , and why is it not accepted as such ; for we have said more then this and can do in truth which we look upon to be far from amounting to an oath , and yet it would never be received as such , which argues plainly that what s. f. and r. h. hath said , though a. s. quarel with it , that surely the magistrates in england doth not believe the priests doctrine , for if they did , why are so many sentenced to perpetual imprisonment , with confiscation of all lands and goods to the ruinating of many poor wives and children , which a. s. knows little of , and for ought i know such a discourse as this may add affliction to their bonds , and misery to their sufferings , and yet these have never been received ; as if we say , verily , verily , or truly , truly , or god is our witness , or we speak the truth in gods presence ; yet notwithstanding this would never give satisfaction to any magistrate in any judicature that ever we knew or heard of in england ; and though he tell us of i. pennington , how that he gave satisfaction , and that it found acceptance with the court , and also to the king : we are not ignorant of what i. p. hath written , which is wholsome , just , and good , and sound , and condescendingly as a christian man could do , as about the premisses to pacifie and satisfie all whom it concerned , that they might not proceed in such a rigorous manner against the truly conscientious , and so in letting them know what we could do , and what we could not do , yet notwithstanding what ever any might seem to own as sufficient in private , we never found it in publick , or in any case of concernment , but rather they knew before hand what would ensnare us , have set the snare , and run us into it ; but notwithstanding all this that a. s. will have to be oaths , as god is witness , and i speak the truth in christ ; and verily , verily , it will not serve , for he says , the law will not allow of it , for inferiour magistrates are sworn he says to act according to law , and the law prescribes in what manner , and with what formality oaths shall be taken ; and therefore the magistrates are not at liberty to accept thereof , because they are tyed up to the rules of the law , as i said before , seeing that oaths are a matter of great concernment unto many it had been a more necessary discourse for a. s. to have told the magistrates that these things in testimony which were ready to be given had been sufficient , and that they should not so much have stood upon the formality , seeing that which answered the substance of the law was not denyed , though we except against the formality which is now used , and hath no example or president in the scriptures of truth as they are used ; and therefore let a. s. tell the rulers that the rules of the law in this case is too strict , and the penalty exceeds the transgression far ; as for a man for not holding up his hand , or laying it upon a bible , and kissing it , and saying after a clark or a cryer , i swear , and the like needless ceremonies , which are not without ( at least ) a shew of evil in them , yet for not doing and observing these formalities , though those things which a. s. and others calls swearing , we have condescended unto ; yet it 's reckoned as insufficient , though themselves say it is an oath , yet it is not called so , nor accounted so , except the aforesaid needless trifles be observed , and is not this a hard thing , and far from equity , justice , and reason , that a man should be exposed to so great a penalty as confiscation of lands and goods , and perpetual imprisonment , for want of observing of these trifling , groundless , needless ceremonies and formalities , which is not at all beseeming christians ; and whether the law had not need to be rectified in this case , which exposeth so many to so great suffring , which we in conscience doth except against as well as oaths , and seeth that the penalty far exceeds the crime , if it were any ; but we look upon it to be none at all , but rather a duty incumbant upon christians to keep to yea and nay ; or that which amounts to it in all their communications both publick and private , and not to swear at all , but to abide in christs doctrine and walk after the primitive christians example to testifie the truth and not to swear : and as for amen , amen , verily , verily , is no more then truly , truly , and is no more then an ardent , and a fervent speech from the heart of him that speaketh , wherein he would be believed , or it is truth from which and in which he speaks ; and as for comparing amen with the . of isa. and . where he is called the god of truth ; this proves nothing at all , he is called the god of truth in opposition to false gods , which were lies ; and in opposition to the heathenish gods which were not true gods , which had eyes and saw not , &c. and could not save ; he might as well say , when wisdom , holiness , righteousness , or immortality is named or mentioned , that therefore it is an oath , as when truth is spoken , for these are as much epethites of god as truly or truth ; and though your church in a homily against swearing , do say that christ did often swear because he said , verily , we judge you have concluded upon too slender a ground : and as for psal. . the lord hath sworn and will not repent : it is not denyed though the lord swore once , yea more then once by himself ; this was in condescention to the state of man in weakness and unbelief ; and as to the state of the jewes , gal. . . before the seed was revealed , which was the substance of all figures , and gods example of swearing is no example for us now to imitate , and was in no wise a confirming of that old legal ceremony of oaths , as a practice legitimate to his saints for ever , as a. s. would make us believe it was , for his oath , viz. ( gods ) ended in christ , in whom all the promises confirmed by oath , were yea , and in him amen , was also to end all strife between him and men , and to put an end to all strife and oaths also that are among men to end strife ; ambrose saith upon that . psal. let him then swear who cannot repent of his oaths ; a little after the same ambrose saith , do not imitate him in swearing whom you cannot imitate in performing ; and indeed the principal sollution he gives is not to swear at all : and theophilus upon the place in controversie whom a. s. says was not ca●telous enough , as it seems among the rest of the fathers that a. s. sets as judge of , he saith , learn hence that under the law it was not evil for one to swear , but since the coming of christ it is evil , as is circumcision , and in some what ever is judaical , for it became a child to suck but not a man : so that it appears he amongst the rest of the fathers did not only declare against oaths in general or private communication , but also distinguishes betwixt the first covenant and the second , and the ordinances thereof ; and though the holy ghost bear witness that both angels and men , yea and good men , and the creator himself in that first covenant did swear , so that a. s. concludes that it is not morally evil of its own nature ; in the first we shall not much quarel nor dispute as under the law , but that which was obliging then , as by command , is not always obliging , but christ the end of the law for righteousness said , let your yea be yea , and your nay , nay , for whatsoever is more under the gospel ( then amounts to this ) comes of evil ; therefore there is no necessity to put any other sence of christs words then his universal prohibition of all swearing as under the gospel , ( seeing that speaking the truth , confessing the truth , declaring the truth , and nothing but the truth in any matter wherein any christian is concerned either in respect of god , or a mans neighbour , this answers the very substance of the law , and the very end and purpose thereof , as ever an oath did among the jewes in the first institution ; for asmuch as speaking the truth acknowledgeth gods omnisciency and presence , and power , and wisdom ; secondly it doth any office to any neighbour , as in bearing witness to any truth , and again to find out any transgressour , or transgression ; and this is done , may be done , and ought to be done by all true christians ; and therefore no necessity of that formal ceremonious way of swearing as under the law , neither is there any necessity for seeking any other sence of christs words and the apostles words , swear not at all by heaven or earth , or any other , seeing all the main ends and good ends , and good purposes is answered in the full , which the law in the full latitude and morality thereof did require , or for which it was given . his sixth argument is , that either these words , swear not at all must be interpreted as not to forbid any oath though taken upon just occasion , or else paul never knew the meaning of this text , or else contrary to his knowledge , and that upon good deliberation he acted against it , and that in these very writings wherein we all believe that he was infallibly assisted by the holy ghost ; for his oaths saith a. s. are upon record , thes. . . god is witness ; see rom. . . now to call god to witness is the very substance of an oath saith a. s. and as austin tells him , and he says he hath not read of any of a contrary opinion except some phanaticks , which if they would yield to as much as paul saith , god is witness of the truth of their assertions , it might be wished out of condescention to their weakness that they might be dispensed withal if the law would give leave as to the external formality of an oath . ans. what a. s. will call a just ●ccasion i know not , it appears to me he would have a large compasse , and a larger then the most contenders against christs doctrine that we have met with or what he will account a just occasion i know not , though otherwise he seem to condemn sometimes needless and vain oaths in ordinary communication , though i know some without reflection upon a. s. who uses them too too frequently , and are not only members but pastours so called of the church of england , and though he seems in his discourse here and there to be against customary and vain oaths , yet for all that what he calls a just occasion upon some ground , some calls it a needful occasion when they are called before a magistrate and some when any business is in controversie betwixt man and man calls it a just occasion , where sometimes i have seen a curate administer that which he called an oath upon a book , what ground he had i suspect either from commandement , or example of primitive ministers , ( is certain he had none ) but it may be a. s. will conclude it was upon a just occasion , but what compass he will have for his just occasion is doubtful , seeing he hath put no termination or end to it ; but for ought i can perceive would leave liberty for every man to exact an oath upon another when he would , and call it a just occasion , and account it a point of duty in the other to obey even in ordinary communication . and as for st. paul we deny thy argument , as that he never knew the meaning of this text of christs prohibition ; secondly that in his writings he acted contrary to his knowledge , and upon set deliberation , for though god was his witness whom he served with his spirit , in the gospel of his son , that without ceasing i make mention of you always in my prayers . also , that which a. s. calls an oath , thes. . . for neither at any time used we flattering words as ye know for a cloak of covetousness , god is witness . though we know and infallibly believe with a. s. that he was infallibly assisted by the holy ghost , when he published the gospel of christ among the gentiles , and wrote both unto the jewes , and to the gentiles , who believed that his calling god to witness was not any oath , neither was there any necessity or just occasion , whatever a. s. may call just occasion we cannot , for he hath left such a great compass for himself to turn in , though here and there he seem to disallow of customary oaths and frequent oaths ; yet notwithstanding his , discourse rather tends to an allowance of swearing frequently and unnecessarily , for we reckon it to be a piece of ordinary communication for a christian minister to write a letter of admonition , or exhortation , or an epistle unto the believing hearers , and that there is no necessity of oaths in such a discourse ; for what ever a. s. sayes this would make the apostle guilty of frequent , and unnecessary , and common swearing , which we are far from believing ; for asmuch as they that did believe through the word of life declared by the spirit of god in him , neither through his epistles written , being assisted by the holy ghost they were not like to believe him for swearing if he had sworn ; but saith a. s. if his words had really been believed which he spoke and wrote , what occasion would there have been for him to have written so to the romans , rom. . . i say the truth in christ , i lie not . the apostle knew what occasion he had to speak these words , and the occasion was this , that the jewes sought to be justified by the righteousness of the law and by the works thereof , and would need look upon themselves as the children of god , because they were of the stock of abraham according to the flesh , but the apostle knew and also gave them to understand that the children of the promise was counted for the seed ; and again , for they are not all israel which are of israel , rom. . , , . and thus he spake truth unto them , as it was revealed by christ , whom the father had revealed in him , and why might he not say , i speak the truth in christ , seeing that christ was in him , and he in him ? i lie not , my conscience also bears me witness in the holy ghost , he might also as well say that paul swore by his conscience , seeing that he took it for a witness ; away , away , with such perverting and straining of the scripture beyond and beside the mind of the holy ghost , for god is witness , and i say the truth in christ , they are no more then ardent and zealous , or fervent expressions , as the spirit of god at several times did stir up in his heart both to speak and write , for the end that they unto whom he spoke or wrote might believe ; and therefore we conclude not as a. s. would needs have it , that the apostle spoke these fervent words unnecessarily , for we know and see his end and purpose was good , and therefore he spoke with fervency , and with boldness the spirit of the lord bearing witness in his conscience that he spoke the truth , which we are far from believing , is either juration or abjuration , and for ought can be perceived by a. s. disdainful spirit , all that doth dissent from him in his opinion he calls phanaticks , and paul shall hardly go free , nor divers of the ancient fathers , as , orgen , chrysostome , jerome , theophilact , and others , who denyed not only swearing in private conversation , but to swear at all ; but now these must be called phanaticks , who dissent from all men but themselves , by a. s. and such as he who sails with wind and tide , and exalteth and applaudeth that which hath praise amongst men , and hath not the praise of god ; and so the last of all he makes this conclusion , that so help me god , is the most certain expression of an oath ; which forme of words that though he count them certain , we find not either under the law or under the gospel , and i look upon it more as a piece of flattery in a. s. because this is the forme and the custome which is now called swearing , which is in use in this nation , and its strange to us that they will reckon this so great a piece of peculiar service , which is incommunicable to any creature but only to god , when as indeed we never find it written or commanded , either among the jews , or commended or used amongst all the writings of christ and the apostles that hath relation to christianity ; indeed i remember that i have read that in the days when the popes authority was in full power here in england , how that the chancellour then of england said to one of john wickliffs followers being brought before him , in examination he said unto him , lay thy hand upon the book thou heretick and swear , so help me god and holy doom : an old superstitious popish forme i look upon it to be , and hath no consistance with an oath in its true matter and forme under the law , when it was commanded ; and for ought i see a. s. will rather take part with the church of rome and her members , who persecuted , rather then wickliffe that famous reformer , who had his bones taken up and burned . years after his decease , and his books , and these articles condemned by the council of constance , who also burned john hus , and jerome of prague for holding john wickliffs opinions , which was , that all oaths under the gospel be unlawful . i say a. s. might have been more modest then with the council of constance condemn them for error , seeing they were the only people in their age and time that opposed , and suffered for opposing the church of rome in the apostacy , seeing that they are faine to own them if they look for any reformation before luther to be their witnesses against the church of rome , which i have heard many protestants say that they were on their part against the church of rome ; and though a. s. tells us of a generation of people , quos non persuadabis etiam si persuaveris , who as they will not be perswaded so they will not be councelled , who will have nothing else to be the formality of an oath but by god ; but this he says only of his own head , except he knew some people that we know not of , for we say to swear the lord liveth as an oath , and again , as the lord lives is an oath , or by the lord that lives for ever and ever is an oath ; and yet we must needs deny that paul swore in the cor. . . when he said by your rejoycing i die daily : and we never said a. s. mistook himself in saying that , by , as the only mark and character of an oath ; and if austin said upon these words of paul as a. s. tells us , per vestram gloriam juratio est , upon pauls words , i suspect his judgment , and therefore shall not so much regard it : but a. s. seems not to be at unity in his book with himself notwithstanding all his raveling out where he seems in his . page to dislike of nicholas fullers judgment , viz. that there is no oath where god is not interposed ; and yet in the . page he saith that the substance of an oath consists in the attestation of god , and in the . page he saith that christ answering to the high priest , i am , and thou hast said , is an oath . and in the . page it was enough that christ denyed not to swear , and from this he imagines that he did swear ; and when we enquire what the oath was , it amounts but to this , thou hast said i am ; and where was the attestation of god here named , or mentioned , or spoken on by christ ? was his words any more then his own doctrine which he taught before , let your yea be yea , and your nay , nay : when the high priest said , art thou the king of the jewes ? he answered i am ; and is this any more then yea , though not in the same syllables ; and mat. . . i adjure thee to tell us whether thou art the son of god or not ? and he answered , thou hast said . and is this any more then yea , or i am , or it is truth but indeed if one should traduce a. s. in his discourse and of his definition of an oath , it is so uncertain one shall hardly know what to pitch upon to be his judgment , sometime it is this , and sometime it i● that , and sometime it is neither this nor that , sometime he says it is an oath where god is interposed , one while an oath consists in the attestation of god , another while it consists in saying truly , truly , and sometimes , i call god to witness is an oath ; and sometimes thou hast said is an oath , sometime because god is named in a sentence , therefore he concludes it must be an oath , otherwhiles when he is not named it must be an oath ; and thus he twines up and down , leaving people in the dark , and leading them after his imaginations . and i shall conclude the answer to this reason , and neither impute ignorance nor wickedness to the great apostle , nor conclude that christs words as he saith doubtless the apostle did , must be understood in a limited sence , and limited only to creatures , and not to all swearing ; and why so but because the apostle said , god is witness ; and i speak the truth in christ , which is no contradiction of christs prohibition , swear not at all . his seventh argument is this , if some swearing be enjoyned in the third commandment , then all swearing is not forbidden by christ in these words , swear not at all , because he came not to destroy the law , but some swearing is their enjoyned , or else the law written by the finger of god in tables of stone cannot be vindicated from imperfection ; and therefore in this negative precept the affirmative must needs be included , thou shalt reverence the name of the lord and swear by it , whensoever it is not vain but necessary , which is required by a lawful magistrate for the glory of god , and for maintaining of peace , punishing offenders , and ending of controversies , and all these are necessary ends , but not attainable , at least not so well by any expedient , yet put in practice as by interposition of oaths , so it cannot reasonably be believed that christ would forbid them being of such important use . reply . the substance of this is answered before , but however a. s. how he can make this third commandment , thou shalt not take the name of the lord thy god in vain , to prove the continuation of swearing under the gospel among christians we do not see , if bishop gaudens words be true ( as they are ) who says , a true christians oath is needless , his word being as firme as it , page . and an evil mans oath is worthy of no more credit then a lyer , pag. ● since upon that account whosoever swears by the name of god swears in vain and to no purpose , whether he be a true man , or one deceitful , his word amounting to as much as his oath : and why a. s. mentions the third commandment to prove swearing lawful under the gospel except for the morality of it which he looks upon christ came not to destroy , and doth he look that every letter and syllable of all the ten commandments is so moral in all respects unchangable and uncaple of any annihilation by christs coming he much forgets himself , for all these things contained in the first table are not so moral or perpetual without some ceremoniality and subjection to alteration by christs coming , as he imagines if he had but remembred the fourth commandment the next unto it , remember that thou keep holy the sabbath day , which then was the very th . day of the week which god had sanctified , was but a type and sign , and shadow , and figure , and a ceremony of the th . day of the worlds rest from its labour and of the everlasting sabbath as i said before , heb. . and i might as well argue if the th . day of the week was commanded in the fourth commandment , then the th . day is not prohibited , neither by commandment , example , or practice of christ , the apostles or primitive christians ; and i might add this as a reason , because christ came not to destroy the law but to fulfill it ; and further i might add the th . day was enjoyned in the th . commandment , ( and they used to call it as moral as the third ) and therefore it ought to be so under the gospel , or else the law written in ' lables of stone cannot be vindicated from imperfection , and what would all my arguing prove , even as much as a. s. his arguing , the continuation and necessity of oaths from the third commandment , and that is nothing at all ; and the law of god needs not a. s. nor any vindication , it is perfect and endures for ever , psal. . . and the ceremonies , land types , and shadows that were joyned with , and unto the substance of the law , doth neither add nor detract from its perfection , but it is the same in its self for ever ; and though we cannot own swearing in that ceremonious way as the jewes did use it till the seed came , unto whom the law and the prophets bore witness ; yet we do not make void the third commandment , we take not his name in vain , but reverence it , and speakes well of it , and sanctifies it in our hearts ; and as the apostle said , do we make void the law through the preaching of faith , god forbid . so do we make void the law , or the perfection of it , by speaking the truth , and bearing witness to the truth ; though as i said we cannot own those typical ceremonious way of swearing as it was in the first covenant ; nay it is established , and the third commandment is established , for he that speaks the truth and bears witness in and from the truth , honours gods name , and reverences it , forasmuch as he is called the god of truth , and as we have said , being lawfully called before a magistrate to bear testimony in any thing wherein the glory of god , or our neighbour is concerned , or the decision of controversie , seeing that true testimony is a medium that concernes as much to that purpose now as swearing did under the law , therefore we have still been and are ready to answer all these necessary ends , and as well ; and this is as good and expedient to be put in practice amongst christians as interposition of oaths , enjoyned by god in the first covenant , and far more evangelical , and therefore shall conclude with that of jerome , the gospel truth admits not of an oath . his eighth argument is , that christ did never any things without some ground of reason , but no reason can be shewed why all manner of swearing should be forbidden in a due manner , and upon a just and necessary occasion , and therefore we may well believe that such swearing was neither here or any where else forbidden . reply . we shall not much dissent or disagree about terms with a. s. that christ did never any thing without some ground or reason , but yet we must deny his conclusion , that no reason can be given why all manner of swearing should be forbidden ; first of all there was a time since man had a being in this creation when he was in the image of god , and stood in the covenant of god , when there was no oath , neither any necessity thereof , man being endued with power from god , which was placed in him , so that he was in a capacity to fulfill , obey and serve , and believe his maker without an oath ; for unbelief or sin had not yet entred , and this was before the fall , gen. . , . secondly , christ the unspeakable gift of god , who is the mediator of the everlasting covenant , yea the covenant it self , who is given for a leader to the people , and who is made a propitiation for sin and transgression , to end both sin , transgression , and unbelief , which was the cause of the addition of the law , who leads to the beginning again , all that truly do believe , and are worthy to be called true christians , or by the name of christ to have union with god again , in that life , power , truth , righteousness and wisdom , in which the image of god truly consists which was before sin and transgression , and before the law which was added because of it , which was commanded four hundred and thirty years after the promise was made , gal. . . thirdly , after sin was entred , and death by sin , an unbelieving part got up in all the sons of adam , so that they could not believe god nor his promises , and yet such was his love unto mankind , considering the state into which they were plunged for confirmation of his word unto man , he swore by himself this was the lords condescention unto their low and unbelieving estate all that time , and no way exemplary for christians ( truly such ) who are come into the faith , and to the truth it self , who do believe that all the promises are fulfilled in christ , yea , and amen , who is the author of faith and of eternal salvation to them that believe , heb. . . who prohibited that by his command , mat. . . which sometimes was permitted , yea and commanded , yea and added because of transgression , and for which the law and the command for oaths ( was only added ) which he did not destroy ) because he leads from under the power of that which the law came against ( which is just and good , and holy ) and the seed fulfills it , and hath unity with it , and with him who is the judge and law-giver , and saviour of all that do believe in him from sin and transgression . fourthly , at that time when the law was given forth at mount sina , exod. . . generally all the nations were given to idolatry , and to serve and worship strange gods , as baal , ashtaroth , chemosh , rimphan , & many others , as the gods of samaria , which was said to be according to the number of their cities , and their idols were called the sin of samaria ; amos saith , they swear by the sin of samaria , that did say , the god o dan lives ; and the manner of barsheba lives , even they shall fall and never rise again , amos . . which was no other then the calves which jeroboam set up at dan and bethel , which they feared , worshipped and swore by ; therefore god having chosen a peculiar people to himself to worship and serve him , and honour him , who should not walk after the manner of the rest of the nations who knew not god , he commanded them to serve him , and worship him , and swear by his name , as jerome saith well , to keep them from idolatry , and that they should not swear by the gods of the heathen as the rest of the nations did round about ; yet still this must be considered that this was the state of the minority of the jewish church , wherein god gave them ordinances suitable to their state , but it doth not follow , neither can it be reasonably concluded that these ordinances were to be perpetually binding unto all future generations , especially when christ the seed unto whom all the promises are , in whom the law is fulfilled , and in whom the former ministrations ends , that his disciples and true christians should always be bound to those things once commanded , especially seeing christ their master , in whom the father is well pleased hath prohibited this about swearing , and also did prophesie of the time to come after his resurrection and his scension , that those visible things which were as a ministration for a time , should end as to the outward exercise and typical and figurative appearance of them , and that all these things should be revealed within by the spirit and felt in the power of god in all that did believe ; when the holy ghost should be poured forth , and the promise of the father be made manifest . fifthly , now considering that the name of god is believed in , and he is confessed unto , and his christ , and that there is not that idolatry ( especially outward ) as there was in the nations before and after the flood especially in that which is called christendom , though we dare not conclude that all are israel that are of israel , or that all are christians that have the name , yet generally i say the name of god and his christ is acknowledged and worshipped , and not idols and false gods ; therefore there is not the necessity of swearing by the name of god , as there was at the time of the giving forth of the law , but especially among them that the father will reckon as truly his subjects and disciples of christ , who are partakers of his divine nature , here is not that necessity among them , for they through the law being dead to it , it hath no more power over them ; and therefore no reason that they should be kept as under tutors and governours , seeing that the age and ages is come , which the apostle spoke of , eph. . . wherein christ is revealed the hope of glory , and whom he makes free are free indeed , joh. . , . sixthly and lastly , the command of oaths was given for the ending of strife and controversies among men , heb. . which hath relation to the law , and to the state of the jewes , and their political proceedings the apostle brings but that in , as an instance or an example , and it is but a. s. his groundless supposition that it seems it was used in the apostles time , the apostle speaking of an oath only as among men , and not of saints , who as concerning strife the occasion of swearing , and consequently concerning swearing should not walk as men , cor. . , , . but a. s. should consider this as every one ought that when men that hath been once in strife and contention , and variance , come once into christ , and to be in him new creatures , ( christians ) to walk no more as carnal , not as men , but as men of god , and as spiritual , and as true saints and christians , they come both out of strife and swearing , which was added to endstrife ; and what ever a. s. may conclude , we say these and divers more are great and weighty reasons wherefore christ did prohibit all swearing , and puts it out of use and date , and no necessity of it as among true christians , seeing that every true saying or testimony is equivolent with an oath . his ninth argument is , that either these words swear not at all must not be extended to a total prohibition of swearing , or else christ thereby gave a new moral command , but christ gave no new moral command , for that had been contrary to gods express will , thou shalt not add unto the word which i command ; & besides he ordained no new law in the matter of the th . and th . commandments , and shall we think that he who vindicated the other commandments from the leud depravations of men , hath abrogated this only , as though it had not been framed by the same wisdom , and acted by the same god , and further christs opposition is only against the pharaseical misinterpretations of the law , and if only so , then christ did not forbid such oaths as was lawfully before enjoyned . reply . what ever a. s. call a new moral command , sure i am , he commanded that which was more exact then the law , so that doctor gauden himself says , that christ gave many singular precepts of more eminent diligence , patience , charity , moritification , self-denial , sincerity , and the perfection of obedience required now under the gospel is above what ever the letter of the moseical law seemed to exact , or by the pharaseical interpretation were taught by the jewes , &c. in which he speaks the truth : it was said in the . of exod. and . of levit. an eye for an eye , and a tooth for a tooth ; but in mat. . . christ commanded that which the law had not spoken of , and not only a further thing , but another thing , but i say unto you that ye resist not ill , but whoever shall smite thee on the right cheek turn to him the other also , ver . , . and if a man shall sue thee at law and take away thy coat , let him have thy cloak also ; where said the law this , and whosoever shall compell thee to go a mile go with him twain ; where did ever the law of moses command this ? and though the law said , levit. . thou shalt love thy neighbour , and hate thine enemy ; which he saith was but a pharaseical innovation , which if it be , i query of a. s. where in the law it is written , love thine enemy , and as was said before , whether did not israel fight with their enemies , and kill them , and destroy them , and whether they had not a command so to do , yea or nay ? as in deut . . chap. . . numb . . , , . josh. . . . and whether this be not another thing that christ saith , ver . . but i say unto you love your enemies , bless them that curse you , do good to them that hate you , &c. but it is manifest that in the second covenant under the gospel that a more evangelical and exact obedience then was exprest in the letter of the law , which so far as it was typical , was only a temporary dispensation ; for as i said before the letter of the law of moses permitted to be avenged on enemies , aegiptians , amalckites , &c. and i hope that a. s. will not conclude that they killed them in love to them , and they might be avenged and take an eye for an eye , and a tooth for a tooth , whose gospel in other points which the law had not said forbids and condemnes rash anger , lust after women , polligum , divorce , except for fornication , and yet it was indulged and connived at as under the law , yet the lord saith by the prophet malachy , mal. . . he hateth putting away ; while the letter condemned no more but actual murder , and adultery , indulging and conniving polligume and divorce : and though under the law , stripe for stripe , wound for wound was permitted ; but under the gospel resist not evil , avenge not , forbear , forgive , for the whole law of moses was given by the dispensation of angels in the hand of that mediator for a time ; and so some swearing and such swearing as even by god , was used in order to end strife , where it was yet standing , yet christ the mediator of a better covenant , in whose hand the law is now unto all christians , he forbad not only that which the law allowed , and indulged , connived at and commanded in divers things , as is manifest in this fifth of mathew , where he prohibits all swearing ; so that it is evident that christ doth not only reprove the false glosses , and the abusive loose interpretations of the law which they allowed , but even divine indulgence dispensed with and connived at in the things before mentioned , because of the hardness of their hearts : and let a. s. or any man living shew us wherein christ requires a righteousness or perfection that exceeds that of the law , for the law said , swear not by any creature but only by god , and forswear not , and if christ said no more but swear not by any creature , as heaven and earth , and jerusalem , where is that higher state of perfection , and that righteousness which exceeds that of the law , and of the scribes and pharisees . and though a. s. will not grant that he ordained a new law in matter of the . . commandments , no more will he grant of the fourth , which i suppose a. s. doth not keep as it was commanded under the law where ever he will have his dispensation i know not ; so to conclude in answer to this , he did more then reprove the erroneous tenets and vicious manners of the jewes , and their false interpretations and glosses which they had given upon the law , but he doth disallow also something which the law had allowed before , as is proved before , and that he disallowed something , yea divers things which the law had allowed and connived , and indulged , as divers polligume , killing enemies , or in seeking revenge upon them that had done ill unto us , which the law allowed as an act of justice , deut. . . eye for eye , & tooth for tooth ; but this christ exhorted unto , overcome evil with good , avenge not , resist not , do good to them that hate you , and pray for them that despitefully use you , and persecute you : likewise the law , deut. . , . when a man takes a wife , and it comes to pass she finds no favour in his eyes , because he hath found some uncleanness in her , then let him write her a bill of divorcement , and send her out of his house , and when she is departed out of his house she may go and be another mans wife : but christ saith , mat. . . who shall marry her that is divorced , commits adultery : which is a clear prohibition of that which the law allowed , and what a. s. will call this , whether a new moral command , or promulgation of a new law i know not , but it is evident enough that some things were prohibited by christ , which the law commanded , or at least allowed , and therefore we conclude from the . and . verses of the th . of mathew , that christ did prohibite all vain swearing and unlawful swearing , which was disallowed before under the law , but even all swearing which was commanded , or at least permitted under the law , for the reasons and ends given before , and this will stand as truth , notwithstanding a. s. his argument . his tenth argument is , that if the high priest charged christ to swear , and he without exception answered upon oath , and that some years after he had said , swear not at all , from hence follows that when the magistrate imposeth an oath , the person charged to swear may lawfully answer upon oath as christ did , notwithstanding his prohibition of swear not at all . reply . first that was a time when the administration of the first covenant was not fully ended , for christ was not yet offred up , and so the high priest as being a jew might from the commandement or permission of the law as being one that sat in moses chair might require christ to speak upon oath , as persumeing he had authority so to do , being he looked upon it as a work of god ; and what though it was some years after christ had said , swear not at all ; what doth a. s. infer from this , christ knew that the high priest and pharisees were about the work of their father the devil ; and though the high priest did say , i adjure , which a. s. * tells us is , i command thee to swear to us ; christ answered in his own authority , and in the power and wisdom of the father ; and if he had answered as taking notice of the high priests adjuring , who was about to crucifie the just , which was not the work of god , neither was jurations or oaths , ever intended to be instrumental in the devils work , then i argue that if christ had answered to his adjureing , knowing the end was to ensnare him the son of god , then christ had consented unto his evil work which were blasphemy to think or speak , and therefore as it was prophesied of him , he was led as a lamb to the slaughter , sometimes he opened not his mouth , the other sometimes he did in the authority and power of the father which was with him , and in him , and though the high priest charged christ by the living god that thou tell us whether thou be christ the son of the living god , mat. . , . jesus answered , thou hast said , and what is this the oath that christ sware , a. s. tells us before that an oath was , an attestation of god to the truth of what was said , but now the words ( thou hast said ) barely of themselves without any attestation of god is an oath ; if the high priest had said , art thou peter , or art thou john that was with jesus of gallilee , and peter and john had answered , i am peter and i am john that was with him ; what will a. s. conclude now that peter and john hath sworn ? away with such perverting and straining and screwing of the scriptures from their genuine sence only to uphold that which was added because of transgression , now when sin and transgression is finished the end of christs coming is witnessed to uphold that which christ came to end , to wit sin , and also an oath which was added because of sin and unbelief , and the hardness of their hearts only to remain till that part was done away , and untill the time of reformation , heb. . . to wit the bringing in of everlasting righteousness , and it cannot be reasonably concluded , that because christ answered the high priest , thou hast said , that therefore he took notice of commanding to swear , or at least approving of his adjuration , knowing that he was about an evil work , and doing the work of the devil , which must needs be judged that christ did neither approve of , nor consent unto , what ever a. s. may say or think , but only in his own authority spoke the truth , and made a good confession as he did before pontius pilate to the glory of the father , who had sent him , whose will he came to do : and luke . . art thou then the son of god ? and he said unto them , ye say that i am ; and pilate was as much a magistrate as the high priest , and he asked art thou the king of the jewes ? and he answered him , and said , thou sayest it : and herod was as much a magistrate as either pilate or the high priest , and he questioned with him in many words , but christ answered nothing , so that he did not so much take notice of their questions , or examining or charging , or adjuring as a. s. would seem to make of it , but according to the wisdom and power of god which was in him spoke , and answered in his own authority , without taking so much notice of them as he would infer , he knowing what they were going about , though they had the name and bore the title of magistrates yet were out of the power of god ( in the persecuting nature ) which is the ground and foundation of all authority which is of god , but a. s. says marke . . relates plainly that christ answered , i am ; but yet neither marke , luke , nor john takes so much notice of the high priests , adjuring or makes so much for a. s. his argument as he would have them , marke saith only , mar. . . the high priest asked him and said unto him , art th●u christ the son of the blessed , he doth not say , i adjure thee , or i charge thee to swear unto us , as a. s. would have it ; but thought mat. . . say , ( i adjure thee to tell us whether thou be christ the son of god ? ) is not much material ; for a. s. hath made more matter about it then is to any great or good purpose , but i say he was as much bound to answer pilate or herod as the high priest , and as much directly to one as to another , we see his answers was not all alike , but i would not have a. s. nor my self neither sit as judges over christs answers , and squeeze and serue them beyond or contrary to christs intention ; for the summe of the matter is this , thou hast said , i am , and thou sayest i am king ; and is christs answers to the high priest and pilate , and nothing to herod ; and a. s. might as reasonably have concluded that the high priest rent his cloaths and cryed blasphemy , not so much at , thou hast said or i am ; as of this the next words , nevertheless i say unto you , ye shall see the son of man sitting on the right hand of power , and coming in the clouds of heaven ; for then the next words are , then the high priest rent his cloaths and cryed , blasphemy ; and then a. s. goes on it was enough that christ denyed not to swear , and the summe of all or the most that he can make when he hath twined about with many circumstances to prove that he did swear or consented to caiaphas adjuring , and answered his adjuring , this is all , i am , and thou hast said ; and therefore what either may be or can be said a. s. hath concluded christ did swear ; and yet sect. the . he tells us that the essence of swearing is in calling god to witness , and how or where did christ call god to witness ? then this overturns his own argument , seeing we do not read that christ sayed any more in his answer , then as is aforesaid , i am , and thou hast said ; and he says to alledge that christ sware not , because he laid not his hand upon a book or kissed , or lifted up his hand , is but to trifle , yet he says that ceremony is ancient , as chrysostome tells him that it 's above . years since , if it be but to trifle , why are so many conscientious people in bonds this day in england , under a premunirey for these trifles , a very shame to christianity , for where any or all of these have been denyed , though they have answered the truth , and the whole truth , and as much as a. s. calls an oath , yet this hath been counted insufficient , and we know justinian the emperour ordain'd the ceremony that men should swear by the gospel or book , and lay their hands thereon and kiss , or the like ; and though it be so many years since it was ordained , as a. s. says , this adds nothing to the warrantableness thereof , but custome is proof enough to such a ceremonious age as this , when formalities , ceremonies , jestures and postures are more regarded then the power of god and godliness , and we say such a ceremony about swearing are not without the appearance of evil , for the bible is a creature made up of many creatures , and laying the hand , and kissing and adoreing it in such manner is i know-looked upon by many to be swearing by it , and so the most takes it , and this were unlawful , and therefore better to be whollyavoided then so many suffer because they cannot do it , besides as i said , the evil appearance of it , for it is not any gospel institution , but an innovation since the apostacy entred in ; and if god had ever judged any necessity thereof , or that it had rendred an oath more solemn , the law would have said something of it , and it was never a practice among the primitive christians , and therefore a vain humane tradition crept in since ; which ought to be avoided ; and though a. s. say to reply that christ swore not , ( though caiaphas adjured him is vain ) for an examinate is to answer both in matter and forme according to what is proposed , i say its a. s. his vain supposition and presumption without ground so to judge that christ swore , i say sometime he held his peace , that it might be fulfilled , which was spoken by the prophet of him before that he should be as a lamb dumb before the shearer , as sometime he was , both to the chief priests and elders , to pilote , & to herod , which was all in some authority , and sometime he answered them in the wisdom of god , and sometime he spoke and bore witness to that , and prophesied unto them , which was not at all either as to the matter or forme of the high priests adjureing , for the very next words , ( but thou hast said , nevertheless i say unto you , hereafter shall you see the son of man sitting on the right hand of the power , and coming in the clouds of heaven ) mat. . . and therefore this showes a. s. his argument to be frivilous and vain ; and marke saith , the chief priests accused him of many things , marke . . but he answered nothing either to their accusations , or took notice of the high priests adjuring to answer him in matter and forme , as a. s. would have it , neither did he look upon himself so oblig'd , but answered sometime , and spoke the truth always when he spoke , and that which always displeased and dissatisfied the jewes when he answered , and for ought can be perceived by his arguing that every examinate is to answer directly to every matter and forme to any that pretends power to administer an oath , or to adjure , he goes about to establish the popes inquisition , and create matter , as sometime they did here in england , in the heighth of the popes domination forged matter out of their own wicked hearts to ensnare the lambs of christ and then to require them to swear that they might destroy them , and accuse them out of their own mouths , even as the high priest sought to destroy christ and to ensnare him , which methinks a. s. hath sayed too much in vindication of his adjuring , and will needs have christ to be of his mind , and at last concludes that christ swore , but it s but upon his own presumption and supposition , and is more then ever he is able to make evident from what is written : and a. s. tells us over and over again , swearing was a part of gods worship , wherein gods wisdom , power , and justice is acknowledged , and then incommunicable to any creature or false god , as is answered before , so was circumcision then , and the oblations , and burnt sacrifice , and offrings , and new moons to be performed only to the lord , and was peculiarly to be performed unto god , and not communicable to any creature ; and we say and prove , deut. . . . . that these was a part of the service and worship of god , and which as we shall grant that an oath under the law was commanded as well as these services , or in his own terms an oath was equally commanded with his service as is proved above ; in this he hath no adversary , but what doth this prove in respect of his argument which makes it more ( then equally commanded ) for he will yield that these services were but temporary , but swearing is perpetual , and so he hath given it a priority above the rest , his argument all along hath been chiefly drawn from the moseick law , that it was joyned equally with fear and service under the law , and so hath striven without an adversary , but now it must needs be above the service of god then , and yet from the same command he would only prove it , for he hath no better strength nor ground , and we may as well alledge as he doth , and say consequently to this sort of service that was commanded by the lord as well as swearing , for god hath joyned them together in the text above said , & obligeth equality at all times , as well under the gospel as under the law ; yet then a. s. would call this absurd it it be so as it is indeed , then we may as well conclude the other absurd , because one is standing as well as the other , and binding as well as the other by the vertue of this command ; although he tells us that an oath in its substance ; hath not any type at all , so we say , for the substance is christ the oath of god , in whom all the promises and oaths are fulfilled , and this is its substance but as under : the law it was a type of the substance , and not the substance it self , and that circumcision , the passeover , and the legal offrings under the law had as much goodness in them as oaths had , what ever a. s. say : and served to as good ends and purposes in that ministration as they were ordained , and conduced as much to the glory of god , and were subservient to , but not against the morality of the gospel , for the shadows were not against the substance , nor the ceremonials against the morals , though the apostle says , the law is not of faith , yet not against it for as ministerial as the ordinances of the law was to the gospel then , yet the gospel may be and now is without it . but to conclude this argoment a. s. were it so indeed that oaths were ceremonial , then it follows that christ in this text did not forbid them , for he didnot forbid the ceremonial law , but observed it all his life , eating the passeover with his disciples the night before his death , unless some would interpret his words ( i command you that you do not swear ) yet i am content for a year or two you may swear by heaven or earth as you have been accustomed , but after my crucifixion and resurrection swear no more , and there let these that disallow swearing as a part of the ceremonial law , argue no more the unlawfulness of swearing from these words , ( swear not at all . ) reply . though christ did observe the ordinances of the law , as being that ministration appointed by god untill the time of reformation and the bringing in of a better hope , heb. . it became him to fulfill all righteousness , so was he cireumcised , and eat the passeover , and was baptized , washed the disciples feet , which were not enjoyned by the law , ( though not against it ) and that ministration not fully ended , though he see it must end , and spoke of a further thing , and of the time then , and also it should be ministred more afterward after his resurrection , joh. . , , , . the time cometh and now is , neither at jerusalem , nor this mountain , but they that worship the father shall worship him in spirit and truth ; so that he prophesied of the end of all those things , and of the cessation of them , which were sometime commanded , respecting both the place and the worship , and to them that did believe the disciples , unto whom it was given to know the mysteries of the kingdom of god , ( then was the time ) to them it was come , even ( then ) before christ suffred ; and therefore a. s. his consequence is not true ( that christ did not forbid all swearing from this text ) and though he had both prophesied of a clearer ministration , and laid down in doctrine a more evangelical precept then the law , yea and more strict obedience , yet notwithstanding many did still hold up these things , which the law commanded , though they believed well of christ , yea and after his suffring and resurerection , and that a long time , though that the apostles told them the substance was come , and that there was no more offring for sin , nor oblations , neither legal observations to be minded any more , yet still many observed them , and doubtless as to that formal swearing that was among the jewes , and that vain swearing too many did continue in it afterward notwithstanding christs command , but then not submitting , made not his command void in it self , and there is no necessity to make such an absurd interpretation as that he permitted them to swear for a year or two , by heaven and earth , and then at his passion to swear no more , for after he gave forth the command there was no permission , and yet afterward as i said the apostles declared against the shadows . and preached up the substance , and as a. s. confesseth the types ceased of themselves , but let him know that there was a time of dying to them , and they ceased not all at once to them that had observed the law , neither was the mysteries revealed all at once , but as they grew in faith and knowledge , for the righteousness of god is revealed from faith to faith , and though the legal observations were observed in christs time , so were they after , by many , but by right ended in the substance , and when he was come , though many did not see it till afterward : but i come to his th . argument . eleventh argument , no exposition of the text or any other is to be admitted , that puts inconsistancy betwixt the old testament and the new , seeing both are inspired by the same god , who is incapable of falshood or alteration ; where upon if we be not so atheistical as to deny , the varasity or immutability of the most high , tit. . . it must be granted that his word is of eternal truth , jam. . . his promises yea and amen , his precepts more unalterable then the lawes of the medes and persians , nor did our saviour come to destroy but to fulfill the law , thereupon he enjoynes obedience to the commands of the pharisees , as sitting in moses chair , mat. . , . from all which it is apparent that the old testament is so far from being contradicted , that it is fully confirmed in the new ; therefore i may well draw this conclusion that these words ( swear not at all ) ought not to be interpreted as to render all svvearing unlawful , deut. . . psal . . . not without promise of reward , jer. . . and it was prophesied before by isaiah that christians under the gospel should swear , isaiah . . and . and . and i look upon it as a piece of manichisme , and extremely derogatory both to the scripture and god himself , therefore what moral duty one man was commended in the law , another should be condemned in the new . reply . 't is true no exposition of this text or any other is to be admitted that puts such a difference , betwixt the old and new testaments in matter of substance , but shall agree with austin : the law is the gospel vailed , and the gospel is the law revailed ; and what was prophesied and typefied in the first is fulfilled in the latter , but what shall be thought of them , that holds up the types and figures of the first , as though they were not fulfilled , or as though the promise were not come : and he made manifest in whom all shadowes end ; and though god be unchangable in himself , and incapable of falsehood or alteration , and i know none , who denies the varasity of his word , or the immutability of the most high : yet notwithstanding i cannot set up the changable priesthood , and covenant : and the ordinances belonging thereunto , against the unchangable and everlasting priesthood and covenant , and as hath been said before , as though that all the precepts , therein were so unalterable , as that of necessity they must needs continue , as obligatory to generations , i might truss up together many scriptures , and thwack them one on the back of another , which belongs to the jews , and the first covenant most properly , ( till the seed christ was revealed , and offred up ) and i might bring in scripture to prove that many things was commanded by the immutable god , and by him who is uncapable of alteration , and multiply many words , as a. s. doth to little purpose , and say what was written in the old testament was by the inspiration of god , and that his precepts is no more alterable then the lawes of the medes and persians , and therefore they must needs still be observed by all christians to the worlds end , or else conclude they that do not are atheistical , and denies gods varasity , and makes the law of god void ; and what would all this in arguing prove , nothing at all ; the jewes will confess as much , and plead as hard as a. s. can , who yet have not believed in him , of whom the prophets prophesied , neither hath received him who is the substance of what moses and the prophets bore witness , and in whom the law is fulfilled , and the promises made good , and confirmed with , and in whom all the shadows ends , and the vaile done away , and all the worship and precepts belonging thereunto : who hath manifested and revealed the father in all that believe , who is the new and living way , whose worship is not now in the letter , nor in the shadows , nor types , nor in any outward observations , but in spirit and truth is he worshipped , for he seeketh such to worship him ; for the great promise of reward was to , as ever was to swearing ; yet when they resisted him whom the father had sent , all their observances though never so strict did not avail ; but their circumcision became vncircumcision , and their worship and service became prophaneness , when they dispised the substance by whom grace and truth came to all the children of promise : and we grant with a. s. that he came not to destroy the law but to fulfill it , and to end both sin and transgression , and the law which was added because of it , and to bring in everlasting righteousness , and it to rule in the hearts of all that believe ; and against such there is no law ; and though christ enjoyned the disciples , mat , . to observe what the scribes and pharisees bad them who sat in moses chair and read the law , and performed those services in part , commanded ; that was the time before he was offered up , and the ministration of that covenant was not fully ended ; yet i hope a. s. with us will grant that they were not to heed them or to obey them in their vain traditions and false glosses , and interpretations and evil manners which he cryed wo against , mat. . , . neither after his resurrection did he enjoyne them to hear the pharisees , neither to observe the legal ordinances of the first priesthood , but they declared against them and their practice , which continued in the observation of those things which did not make perfect as pertaining to the conscience , heb. . . heb. . . and for all these texts he alledges out of the old testament , mat. . . psal. . . jer. . . unto these it hath been answered that this proves nothing that christians under the second covenant should swear as they did in the first , for these precepts were only to keep them from idolatry , for jer. . . if you will diligently learn the ways of my people to swear by my name ( the lord liveth ) as they taught my people to swear by ( baal ) then shall they be builded in the midst of the people : and the . of deut. . is to the same effect , you shall fear the lord and serve him , and swear by my name : and verse the . ye shall not go after other gods. all these only prove that the nations went after other gods and sware by them , and served them , and israel too prone to follow their manners did so also , and therefore he gave them these precepts to serve him , and fear him , and acknowledge him , to keep them from idolatry , as hath been said ; in the state of their minority and weakness , and that before the seed was revealed ; and that which a. s. calls a prophesie by isa. . . of christians swearing under the gospel , it s no such thing but a prophesie of aegipt , his joyning to the jewes , and owning their worship , and their god , and acknowledge him ; and do sacrifice and oblation , yea and vow a vow unto the lord and performe it , ver . . which clearly hath relation to the law and the worship of the jewes , and not to the gospel ; so that a. s. might have as well said it was a promise how christians under the gospel should offer sacrifice and oblations as under the law , as well as swear . but the doctor hath traversed many paths which are crooked , winding , and turning , to gather something together , and hath fetched it farre to prove swearing under the gospel , but all his proofe falls short of his matter by much : and that of isaiah the . . is a prophesie of israels return out of the captivity of babylon , in the days of cyrus , whom the lord called his anoynted , and shepherd , isa. . . . who made a decree for all israel to go out of assyria to jerusalem and build their city , and their temple and worship their god according as he had commanded ; as may be seen at large in the book of ezra , and nebemiah , and this was fulfilled ( then ) when they builded the city and the temple in those days , ( long before christ was manifest in the flesh ) and then did israel return , and every knee did bow , and every tongue did swear by the lord , which before the captivity had not bowed , nor served , nor acknowledged his name , but idols which provoked the lord , and therefore gave he them into the hand of the babylonians for seventy years till they were humbled , and then brought them back according to jeremiah , isaiah , haggai , and zachariah's prophesies , for this was fulfilled ; then is spoken by isaiah in this prophesie , isaiah . ver . , , . ( without contradiction to christs command ) and his command entrencheth not upon this prophesie , neither doth this make the gospel thwart the law , beyond all terms of reconciliation , as a. s. vainly suggests in his margent , for this prophesie was fulfilled long before christ gave forth this command , swear not at all : moreover , if this prophesie have any relation to the state of the christian church ( as a. s. supposes , upon what ground i know not , saving his own affirmation ) then we shall consider and see how it is fulfilled under the gospel , and what the gospel allowes of in this particular ; the apostle paul a minister of the gospel , not of the letter , as he saith himself , which some interprets to be the law , citeth this prophesie of isa. . . compare it with rom. the . ve . . for it is written ( where ? in isaiah before cited , ) as i live saith the lord every knee shall bow unto me , and every tongue shall confess to god ; and in philippians the . v. , . that at the name of jesus whom the father hath sent , whom all is to obey , unto whom all power is given in heaven and earth ; the apostle citing again the very words of the prophet says unto him ( viz. ) jesus , every knee shall bow ; and ver . the . and that every tongue shall confess to the glory of god the father ; so that it cannot be reasonably thought or judged that if god had required swearing by his name among christians as among the jewes that the apostle thus should alter the words as to put confessing instead of swearing , seeing he says he used always plainness of speech , for this had not been plainness , and we have better reason to believe the apostle , unto whom the gospel was committed whom the son was revealed in , who declared the whole council of god , and yet never either commanded or exhorted any to swear , or reproved them for not swearing by the name of god ( as the jewes did ) in all his writings that are extant , i say we have better ground to believe him and his rendering of the words of the prophet to be according to the mind of christ , where he puts in confession to the christians ( which before was swearing to the jewes ) as being acquainted with the command of christ , mat. . . swear not at all : ) and what ever a. s. look , upon it as to be heresie , and derogatory both to the scriptures and god himself , it is not much matter of man's judgment , he might as well accuse christ and the apostle , the one forbidding to swear , and the other for deminishing from the scripture , and altering the prophets words ; and though it seems strange to a. s. yet it is not to us that some men was commanded in the old testament for observing some things , yea many things , which is condemned in the new , and yet god is not dishonoured , neither the scripture broken ; if we see the end of every command , and the time for which it served , and the service for which it served , as this about oaths , hath been sufficiently declared before , to keep the jewes from idolatry , to end strife among them where it was ; ( but among true christians , indeed ) strife is ended and peace is come , and they seek it with all men ; and that is done away ( for which the law was added ) to wit sin and transgression , diffidence and unbelief , and strife , and no necessity of them among them ; and all the morality that doth remain is confession , or saying , or testimony in true words in any matter is that which is equivolent with an oath , and is that which is the most conforme to christ and the apostles doctrine , under the gospel : but i come to his last argument . twelfth and last argument , the consent of the christian world ; the practice of emperours , kings , princes , councils , bishops , and people of all sorts , confirme this truth that christ notwithstanding these words , ( swear not at all ) had never forbidden swearing as altogether unlawful ; 't is true , some of the fathers in their homilies , & to the people inveighed much against swearing , as though it had been altogether unlawful , but it was only against customary oaths ; chrysostome in his homily to the people of antioch preached so much against swearing that the people was offended , he told them he would never leave that sermon till they would leave that prophane custome of swearing ; but the fathers were less cautelous , but with great vehemency enveigh'd against common swearing in ordinary discourse ; but not at all intending to take away necessary oaths ; but origen in his first book against colsus , god is witness of my conscience ; and athanatius yet vehemently declaimed against prophane swearing , yet in his apology to the emperour constantius , he sware again and again , the lord is witness , and his christ is witness : all which clearly shews they did not disallow the voluntary taking an oath , much less in judical proceedings , and the reformed churches , and the church of england , and the whole catholick church in all times and places approved this doctrine , that all swearing is not unlawful ; so that it follows that the church in all ages was so ignorant as not to understand christs meaning , or so wicked as to teach and practise quite contrary , or else christ never meant to forbid all kind of swearing , ( to assert the former ) were to profess all that went before either dunces or devils . reply . what ever a. s. conclude and think he hath not such a consent among christians , as he makes a great flourish of ; it 's manifest by what hath been said , christ prohibited it amongst his disciples , swear not at all ; and likewise james the apostle agrees in the same doctrine , and the rest of the apostles , also all the primitive christians were esteemed so strict , exact , & cautious of their asserting , or promising , that there was no need of an oath among them , they kept up the sanctity , credit of their profession , yea among unbelievers , that it was security enough in all cases to say , christianus sum , i am a christian , as justin martyr asserts ; and if they were urged any further to any oath , for matter or manner they repeated this as the only satisfaction they could give , there needed no more then the veracity of their bare record ; and thus much bishop gauden confesseth , and also in the . page of his book he says , the ground or foundation for swearing now is the wickedness and unbelief of men ; but christians ( truly such ) are brought out of evil and wickedness , unbelief and distrust , and there is no necessity among them either publick or private to swear at all : polibus observes in the better , and simpler ages of the world , oaths were seldome used in judicatures , but after unbelief and lying increased , oaths increased , as a only remedy to cure and restrain those evils : ( but let it not be said that those are christians ) that names christs name and departs not from iniquity , and since the perilous times came on that the apostles spoke , that men would not abide sound doctrine but be lovers of themselves , that should have a forme of godliness and deny the power thereof ; such went out of the truth , and went into the world , and the world went after them , and the false church began to rise to dignity , and have the name of christian , though she consented not to the wholsome doctrine of our lord and saviour jesus christ , swear not at all , but perverted this , as she hath done many other doctrines , and beguiled the kings of the earth , and held out her golden cup of fornication , and made emperours , kings , and princes drunk with her fornication , rev. . . councils , bishops and people are in their judgments , and by tradition one age after another have holden that lawful which christ did not prohibit ; but what doth all this prove , for it 's manifest that most of the ancient fathers of the church , as origen , chrysostome , theophilact , hillary , athanasius , jerome , theodoret , laurentius , and others in their sermons and homilies to the people , vehemently and frequently enveighed against all swearing without any limitation , without any reserve amongst christians swearing as to private conversation , yet they did not disallow the voluntary taking an oath , much less in judicature he says ; but those are but terms of his own shufling in , and what he speaks only of his own head , by mingling his own words with theirs , for his own ends , for there is no such distinction made by them , as he makes , as lawful swearing and prophane swearing , and voluntary swearing , and swearing in judicature ; and it 's to be desired that a. s. had but produced their testimonies , and have cited only their own words without adding to them , that they would have made much against him , for it 's plain their judgment and witness was against all swearing what ever . but a. s. tell us , chrysostome in his homily to the people of antioch preached so much against that prophane custome of swearing , that the people were offended , and he told them that he would never leave that sermon till they did leave swearing ; it were to be desired that more in this age who pretends to be christian ministers would follow his example , for the like i believe hath not been in any age ; oh what customary , vain , rash , prophane , ungodly oaths ( in their acceptation ) take gods holy name upon every trivial occasion in vain in their mouths , and daily inventing new oaths and execrations , even daring god to confound them and damn them ; yea it grieves my heart to think , and the spirit of the lord in me , to consider what sounded in my ears not long since , which i mention with detestation and abhorrency , that some when they had sworn even all the customary oaths , and all the new invented oaths , did profer . shill. to any that could invent ten new oaths , even glorying in sin , and making a mock at it ; and indeed it is fearful to hear , how without any reverence unto god , or dread of his majesty , oaths ( these late years ) are broke out like a land-flood over all the banks , and no where so much to be found , nor no where so common as among them that reckons themselves conformable men , ( loyal ) and members of the church of england , which is one crying sin that draws down the judgment of god upon this land , and what credit can be given to such men in judicature , shall we not say as st. austin says , it disposes men to false swearing and gross perjury , nor can indeed much credit be given any more then to a lyar to any man that swears never so solemnly , and in judicature , who is a common swearer : but instead of beating down that for which the land mournes , jer. . . many are even propagators of it , and pleaders for it , and glories in it , and it s become almost the only mark of a conformable man : oh what a sad time are we fallen into , and what a sad state that they that depart from this great iniquity are become a prey ; i say it had been more time for a. s. to have used his utmost endeavours this way , rather then to have opposed christ's doctrine , and added affliction to the bonds of conscientious sufferers , who dare neither swear nor lie . but not to digress a. s. he would make the fathers as he doth with christ and the apostles , he would make all dance after his pipe , and make them all of his mind , and construe and interpret all their words to his end though never intended , and therefore he says they were not cautelous enough , and so doth with them as he doth with christ , he makes their words one thing , and their intentions another ; though saith he , origen in his . tract upon math. says that christ did forbid all swearing , yet he himself swears in his book against celsus , for he said , god is witness of my conscience ; and athanatius though he declaimed against swearing , yet in his apology to constantious he swears again and again , and why he wrote as the apostle did ( the lord is witness ) and christ is witness , and these must needs be oaths , and voluntary oaths ; it 's not probable that they should use voluntary oaths when they declaimed against all oaths ; and therefore origen saith , it behoves not a man who lives according to the gospel to swear at all : and jerome , the gospel truth admits not of an oath : likewise chrysostome who was bishop of constantinople ( in commendations of whom much is said in the ecclesiastical histories , acts and monuments , vol. . fol. . too ) blames them greatly who brings forth a book to swear upon , charging the clerks that in no wise they constraine any body to swear , whether they think a man swear true or false , saying it 's a sin to swear well . so that not only swearing upon a book was reprehended , but even all swearing , such as a. s. calls lawful : theophilact upon the place in controversie , learn hence that under the law it was no evil for men to swear , but since the coming of christ it is evil , as circumcision , and in some what ever is jewdeical : to omit wickliffe , john hus and jerome of prague , who were faithful men and righteous in their generation , which the reformed churches is beholding to for their testimony in other weighty things against the church of rome , though a. s. will not own them in this , but rather takes part with them who burned his bones . years after his decease , and burnt his books and these articles condemned by the council of constance , who also burned john hus , and jerome of prague , who maintained his articles , that all oaths be made for any contract or evil bargain betwixt man and man be unlawful under the gospel ; and walter bevite whose testimony with many others was , that as the perfection of the old testament was not to forswear themselves , so the perfection of christ was not to swear at all , because they are so commanded of christ , whose commandement in no case must be broken : the testimony of many worthy men and godly sufferers at this time is suitable to many of the fathers before mentioned ; but this a. s. calls error ; who said so ? the church of rome , and the council of constance , with whom a. s. joynes rather then the sufferers of christ , and they who hold it an error not to swear at all , and yet no error to break it when they have a mind , and dispense with it as the papists doth to this very day , and these fathers of the church doubtless were the best of men in that declining age , and were neither dunces nor devils , but understood by the signification of gods spirit in them the doctrine of christ , ( and that which was consentaneous thereunto ) was witnessed by divers in after ages before mentioned , which a. s. would condemn as hereticks , and why the church of rome had called them so , and them that sat at the sterne , who always called themselves orthodox , and others heterodox that did not sing to the same tune in swearing , and every thing else , when they had once got up into a pompious lordly dominion over mens faith : but what doth this prove ? nothing at all ; and what doth this prove which a. s. inserts in his marginal notes ? that the ministers who are inferiour in hungary , and transilvania , swear canonical obedience to their bishops , or the church of england , or the confessions of helvetia , basil , or others whom he calls reformed : what of all this ? what doth this prove from the scripture of truth , or as to the convincement of them who hold it unlawful to swear under the gospel , because christ hath prohibited it by his doctrine , what is all that a. s. hath said in his arguments to dissenters satisfaction ? who know hundreds of things wherein as much as they fall out and fight even to blood with each other about their fancied formalities , they all agree in against the light and power of godliness , and against the very appearance of the image of him in his holiness , who is the substantial truth it self , we say what is all this to some , that dissents from a. s. his judgment , and others he calls reformed whose faith stands higher then the wisdom and thoughts of men who cannot consent so as to lead their faith and reason captive after them to try this or any other truth , seeing it is the gift of god , and the inspiration of the almighty gives understanding , & though the church of rome and you agree in this , though you damne one another in other matters what is this to us ? it shewes only they erred from the doctrine of christ and his apostles , and you in this and many other things are not separated from them ; and thy conclusion which thou accords with is false , that though god in the old testament commanded it , yet it doth not follow that christ in the new did not forbid it , ( neither that christ and his apostles practised it ) who were under another covenant , and for ought can be perceived by a. s. by that he calls voluntary swearing which he hath no ground for , though in other places he seem to condemn vain swearing and customary oaths , yet in this he looks not like himself , but seems to tollerate a kind of oaths we find no mention made of in the new testament , and yet we shall not conclude as a. s. says , that all were so ignorant as not to understand christ's mind , nor so wicked as to teach the quite contrary to his mind ; for it is manifest many have been of the mind of christ in former ages and latter , though we shall never strive to bring in all the world , or the heathen , or nations , that became as waters after the publication of the gospel , nor that rable which he calls the christian world , which hath wondered after the beast , rev. . . and yet there hath been still some testimony borne through ages unto the doctrine of christ , and christs doctrine stands in force and in that latitude that he intended it , notwithstanding a. s. his reasons and arguments , and many more as to forbid all oaths in the second covenant to his disciples ( truly such ) in these words , swear not at all : many instances might be brought of particular bishops might be instanced , as otha bishop of bambergences in germany , and bosilius of chalcedon , who refused to swear ; and though a. s. cannot trace it beyond pelagius or manacheus , yet we know that both christ and the apostles confirmes it , and also the essarus among the jewes did refuse to swear at all , even in judicature ; for josephus a jew saith of them , whatsoever they say is as firme as an oath , and to swear among them was counted a thing superfluous : likewise st. basil commends chinas a famous greek that he suffered a fine of three talents rather then he would save it by swearing , to the loss of his honour ; and shall christians ( truly such ) with whom truth abideth , and in whom it dwelleth , come short of that exactness that was among some of the jewes , and the best and the virtuousest of them called heathen ; shall not this kind of christianity which is professed in this day , who is in unbelief , frauds , infirmities , contentions , be condemned by these ? shall not this circumcision become uncircumcision ? and shall not they that fear to swear and deny all oaths be set above this , whose yea is yea , and nay , nay , in all their communication , according unto christs doctrine ? shall not this inherit the promise ? and is not this more gospel like , to say speak , testifie , and do the truth , rather then to go back to judaism , or into contention , strife , emulation and distrusts that the swearers are in ? ( falsly reputed christians ) and yet abides not in his doctrine ? but having done with a. s. his negative part , i come to his affirmative part which is no other then hath been answered over and over again , yet he thinks he hath said more in clearing of it then others hath said , that christ only forbad swearing by creatures , and that indeed is the sum of his affirmative discourse , and the pharisees interpretation . and he brings the judgments of divers expositers upon this text , first promisary oaths are here principally forbidden ; ly . others think that christ only here forbad such oaths as then was used in common discourse ; ly . others say that prophane , false and rash , and vain oaths are generally here prohibited ; ly . many understand that by these words of christ , all swearing by creatures is forbidden , but not that by god himself ; and last of all a. s. gives his thoughts , which are as follows . that christ did not forbid what the law had commanded , but only the pharesaical corrupt glosses thereon , and the irreligious practices of the misinformed jewes ; and cites origen and chrysostome , who says upon this place they were accustomed to swear by heaven , and by creatures ; and further a. s. says , the pharisees taught them to affirme what ever they had promised , swearing by god ; they under a spacious pretention that they would not take god's name in vain upon a sleight occasion , fell to swear by creatures , which grotius showes out philo judeos , which the pharisees did not disallow , the easier thereby to delude such credulous people as believed those oaths which themselves neither thought obligatory , nor meant to keep , and it 's certain the scribes and pharisees taught the people that to swear by several creatures , as by the temple and altar was not binding ; christ reproves them as blind guides upon that account , mat. . . and further they taught it was perjury indeed to break an oath if a man had sworn by god , but not if he had only sworn by creatures : in exposition of which christ forbids all swearing by creatures , and teaches contrary to the jewes rabbies that such oaths ought not to be taken , yet being taken are binding in respect of creatures relation to the creator , and christ reckons them among sinful oaths , and teacheth them to use only bare affirmations or denials in their communication , and this is the very summe of his judgment ; and the words of christ is only to be limited to this sense and no further , this is not to swear at all by creatures in their mutual converse and communications ; and this he hath repeated over and over in his book , and this is the furtherest latitude that he will allow unto christ's prohibition , swear not at all ; and this interpretation before mentioned he looks upon to be the genuine meaning thereof ; and is the judgment of doctor gauden also , who hath contended as hard for some swearing as a. s. hath ; and i perceive that a. s. hath read the answer to bishop gauden , published by that precious servant of the lord samuel fisher , who finished his life in bonds for the gospel truth against all swearing , whose answer stands firme , and his demonstrative arguments of force , and is yet unanswered , though a. s. hath a little here and there carped at , and hath bitten at the h●el , but hath not made void at all his answer , which will live as a living testimony in generations to come , as consonant unto christ's doctrine , wherein he prohibites all oaths under the gospel . reply . though there be some truth in the different authors which is alledged , and also in a s. his words , that swearing by creatures , as heaven , and earth , jerusalem , and vain oaths , is forbidden , and customary oaths , and the corrupt glosses of the pharisees , and the false interpretations , yet all this comes short of christ's mind , and of the true genuine sense of the words and the scope of christ's sermon as is manifest in the chapter , and in his testament , and all he hath said will not help him to carry on that work he hath undertaken , ( viz. ) the justification of any , or the lawfulness of any swearing , or the defence of that limited sense , he would put upon the universal terms in the . texts wherein christ and the apostle forbids all swearing : and though a. s. often tells us christ did not forbid what the law had commanded , neither gave any new possitive law before his death ; he sure hath forgot himself much ; what will become of the two great ordinances still upheld , as baptisme , and breaking of bread ? and whether was this a new institution of christ , or was it an institution in the law ? and if it was an institution of christ ( as the church of england doth hold ) and not of the law , nor of moses , ( as indeed it was not ( then a. s. his argument is fallen to the ground , that he gave no new commandment , neither instituted any new ordinance ? and then what is become of these two great mysteries as they have been called ? but he hath ravelled out and spun out his threed so long , that he often runs off his legs ; and though a. s. do often urge that he came not to destroy the law , but to fulfill it : and therefore hath said falsly that christ sware before the high priest after he had given forth this commandment , swear not at all , which if it had been true it had been no more president for christians then eating the passeover ; and though he sometimes urge that such oaths as were commanded under the law are not forbidden by that text , mat. . . because it was spoken sometime before his death , and the ministration of the first covenant was not ended till his death ; and therefore he concludes that all oaths would not be forbidden by christ in this text , for saith he christ did not forbid what the law commanded ; but though this prohibition was given out before his death , yet with reference to the gospel times after his death : it is evident by the texts before it and behind it , ( viz. ) of divorce and of deportment towards injurious ones and enemies , so in this of oaths christ prohibites and condemnes not only those gross abuses of those things that they had a dispensation for under the law , and that by divine indulgency , which abuses crept in by the pharisaical false glosses , too much loosing the meaning of gods law by moses by their depraved examples or popular customes ; but christ condemned and prohibited those very things , which in regard of the hardness of their hearts , distrust and wicked cruelties , god himself in that very letter of the law indulged them in , and gave them both a dispensation , and a precept for , in the law ; for the law said of old time , before the false gloss of the scribes and pharisees came in some things ; so as it was not said from the beginning , when man was in innocency , and was mercyful as his heavenly father was mercyful , and the law said , deut. . . whosoever shall put away his wife let him give her a bill of divorcement , and then she may go and be another mans wife , but i say who so putting away his wife causeth her to commit adultery ; and whosoever shall marry her that is divorced committeth adultery , mat. . . so that not only the corrupt glosses and irregular practices of the misinformed jewes is forbidden ; but even that which the law not only permitted and allowed , and dispensed with , but commanded , is forbidden ; ( and another thing injoyned ) and in cause of injury as he hath done , so shall it be done unto him : ye have heard it hath been said an eye for an eye , and a tooth for a tooth , this was the law , exo. . . levit. . . dent. . . and this was commanded : but christ saith , i say unto you that ye resist not evil , whosoever shall smite thee on the one cheek turn the other also , and if a man sue thee at law and take away thy coat , let him have thy cloak also , and whosoever shall compell thee to go a mile go with him twain , mat. . , , . so here is not only a further thing , but even another thing commanded by christ. further , the law said , exod. . . thou shalt not commit adultery ; but christ the wisdom of god saith , mat. . . whosoever looketh upon a woman and lusteth after her hath committed adultery with her in his heart , again yee have heard that it hath been said that thou love thy neighbour and hate thy enemy , though a. s. say that is not found in the law , but a corrupt gloss of the pharisees ; i say that is found which amounts to as much , as hath been shewed : for the jewes that was of the law , might and did spoyle their enemies , the gentiles and canaanites , egiptians and amalekites , and had a command so to doe , & kill them , & root them out , and yet to help his enemies oxe or asse under a burthen , if he were belonging to a jew that personally hated him , and not an amalekite one of the cursed race ; but this is a ridle to many ; but i say unto you love your enemies , bless them that curse you , do good to them that hate you , and pray for them that despitefully use you and persecute you , mat. . . and the apostle exhorted , give no offence to jew or greek , so that his doctrine went beyond the law , put up , pass by , forgive , forbeat ; again you have heard it hath been said of old time ( where ) exod. . . deut. . . numb . . . mat. . . thou shalt not forswear thy self , but shalt perform unto the lord thine oathes , but i say unto you swear not at all , neither by heaven for it is gods throne , nor by the earth for it is his foot-stoole , neither by jerusalem for it is the city of the great king , neither shalt thou swear by thy head , because thou cannot make one hair white or black , but let your communication be yea , yea , and nay , nay , for whatsoever is more then these cometh of evil : it s most evident that christ prohibits somewhat more here then was forbiden under the law , yea what ever oathes were lawful under the law , therefore it must be all swearing at all , or else none at all : either all such swearing as was used lawfully , and allowed as a type for a time , in the law , oathes made lawfully and acceptably to god , or else nothing more at all then what was forbiden in the law : for all false swearing and forswearing , and all swearing by creatures , or breaking of solemn oathes , made as unto god , was forbiden in and by the law : therefore swearing it self is forbiden or nothing , but saith a. s. the grand objection falls of it self , which is either all kind of swearing is forbiden , or else christ forbids nothing , which was not forbiden before , which is utterly improbable saith he ; and he grants that god had formerly prohibited all false and vain oaths , and all swearing by creatures saith he , which i grant to be true , then how is the grand objection fallen , for is not heaven , earth , jerusalem , the head creatures : and this is the most that a. s. and divers others affirms , that it is only oaths by creatures , such as before mentioned that christ only prohibits , and vain oaths , and swearing by creatures : a. s. sayes christ reckons among sinful oaths ; then if so , as they are indeed , had not the law forbiden this before ; in general tearms wherein all creatures are included ? therefore the reason stands still in force , and the objection ; that either christ forbad all swearing , or else he forbids nothing but what the law had forbiden before : it s manifest it stands still in force , for christ forbad even those oathes the law required , and all vain swearing and swearing by creatures , and all swearing whatsoever , mat. . ye have heard it hath been said by them of old time , not of late by the scribes and pharisees , only puting their false glosses on the law , as a s intimates pareus and others , in his annotations , and hence conjectures , that by them of old time is only meant , the scribes and pharisees , and not moses and the law , and of old time must be meant ( a good while ago ) or not very long , as commentators understand it , less then ( twenty years ) and thus he twists and twines to make the true sense of christs words void : its evident by them of old time , is moses time , the place before cited , numb . . . is the place christ alludes to , you have heard it said thou shalt not forswear thy selfe : so saith the law in forty places , but performe unto the lord thine oathes ; but i say unto you swear not at all ; no not by any oath at all , note the opposition in the particle [ but ] which is between the old lawful legal swearing , and no swearing at all , not between no swearing , and such prophane swearing , as was unlawfull under the law : the whole summe is this , the law said break no oaths , but i say take none ; for if christ intend no more in these phrases ( swear not at all ) not by any oath then thus , swear not vainly , prophanely , ordinary , or by creatures in your communication , forswear not your selves , what forbids he more then the law forbad ? for heaven and earth , jerusalem a. s. says , christ reckons among sinful oaths ; and these are creatures , and swearing by creatures was forbidden by the law , i grant quoth a. s. then this reason stands still good , he either forbad all oaths , or he forbad no more then the law forbad ; and though it be granted that the jewes swore by the creatures , as the temple , altar , jerusalem , and therefore christ prohibits them , and reproves them for these things , and likewise all swearing whatsoever ; what doth a. s. gain by this ? for it 's evident in divers passages of his sermon in the th . chap. of mat. that he teaches a righteousness which exceeds that of the law , as i have shewed before , which he came to fulfill and not to destroy , by taking away the ceremony of swearing , and establishing the substance in its stead , which is speaking the truth , as in the sight of god in uprightness of heart , yea we say again what saith he more to his disciples else ? then the scribes and pharisees to theirs ? they said , swear not falsly , prophanely , but by god , only swear not falsly : for bishop gauden cites for his author drusius , among the jewes all thing in judicials were confirmed by the religion of an oath , wherein the name of god was interposed , therefore christ says more unto his disciples in express terms , swear no oath at all , otherwise how would their righteousness exceed that of the scribes and pharisees , which except it did , they could in no case enter into the kingdom of god ; the perfection and righteousness of the law therefore in this point of swearing was not forswearing : the perfection and righteousness of the gospel , in the same is not swearing at all , so though the gospel be not against the law , yet the gospel exceeds the law in every point ; the law said kill not , the gospel be not angry ; the law commit not adultery , the gospel , look not on a woman , lust not ; so in all the prohibitions of christ ; the commandements of christ went beyond the law , also in this of swearing : yet it did not if now there be any swearing at all among christians and disciples of christ , yet we shall also with a. s. agree that christ not only forbad all swearing ( even that commanded by the law , sometime lawful ) but he also forbids and reproves , and condemnes swearing by creatures , and vain swearing in all communication , and their perverting of the law , and too much loosing it by traditions , and making it void by their false glosses , and counts them blind guides which said to swear by the temple , by the altar , by heaven , was nothing , he pronounced a woe against them , and concluded they were bound to keep those oaths , though they ought not to have sworn them : for as much as he that swears by the lesser swears also by the greater ; as he that swears by heaven swears by the throne of god , and him that sits thereon ; mat. . , , , , , , . we confess with a. s. this was but a sinful prophane creature swearing , an irregular forme of swearing ; by the name of god the jewes indulged themselves in : but what doth a. s. gain by this ? it's evident enough that solemn oaths by god himself , as those familiar oaths by creatures , in which they tacitely sware by god are forbidden by christ , but i say unto you sware not at all . but a. s. tells us as grotius tells him out of philo judeos , that the pharisees taught them to performe what ever they had promised swearing by god , they under a spacious pretence that they would not take god's name in vain upon sleight occasions fell to swear by creatures , which the pharisees did not disallow to cheat people withal , which they themselves neither thought obligatory , nor meant to keep : the name elohim and jehovah they might possibly scruple at , but that name adonai they oft , as superstitiously , repeat in their much babling as they superstitiously decline mentioning of the other , but that in serious cases of concerne of justice and equity , and in judicature in matter of debate , or ending of controversies , that they should wave and forbear swearing by the name of god , when their scriptures was so express for it , and that they should chuse that way of swearing , there is no reason at all to believe it , seeing drusius says , among the jewes all things in judicature were confirmed by oath , wherein the name of god was interposed as above mentioned . ly . that they should wave swearing by the name of god in matters of concernment , which they all believed were binding , and should swear by creatures in order to the giving satisfaction to one another , and security of each other , and by such oaths as they judged not to be obligatory , and never meant to keep them , seeing a. s. says it was in pretence of reverence to god , they swear not by god but by creatures , to cheat and never meant to keep , they knowing this that he that so sware by creatures meant not to keep but to cheat and not performe ; such oaths were not very probably used in judicature among them , neither in serious cases , for such oaths instead of giving satisfaction and putting an end unto jealousies and distrusts would have sure created them more then before ; for as much as he that so swears believes himself not to be bound thereby , then if he had not sworn at all , and he unto whom he swears also knows the same that such oaths ( as a. s. tells on that they did swear ) is not binding , neither can any more credit be given to them then to a lyar , because in this sort of swearing there was no security ; it is not probable i say , that they should chuse this in judicature or any serious case of controversie : and if it be that swearing that christ only prohibits by heaven , earth , and creatures , which the pharisees indulged them in , wherein ( as to the point of swearing ) does he prescribe a righteousness and perfection above or beyond moses his servant whom he was to exceed ; for god by moses in the law it self had universally forbidden all other oaths , either in general terms , or sometime more particularly ; but still all false oaths , vain oaths , and oaths by creatures are included , save only solemn swearing by his own name that there was no more swearing left for christ to forbid his disciples , but swearing by god himself , which the law allowed of . besides moreover , the opposition then which lies intimated in that particle [ but ] being not between false swearing and prophane swearing , and swearing by creatures as a. s. would have it , but between forswearing then , and no swearing now , shew christs intent to be to prohibit all swearing ; for it is indeed as if he had thus said , god under the law commanded you to swear by his name , & when you had sworn in truth by him to perform the oaths ye made by him , whether to him or any other ; but i say now god allowes you not to swear at all , nor by heaven , earth , or any other , no not those oaths which ye did , and might make of old unto the lord your god in things lawful ; but no oath by a creature did god account as an oath made to him , provided ye performed it when ye had done any more then he counted their , solemn fastings to be to him , zachariah . . again , christ's own expressions in the affirmative part shewes his meaning in the negative to be a prohibition of all swearing as well as any , but let your communication be yea , yea , nay , nay , so the negative of his words swear not at all , must be understood in such an universal exclusive latitude as admits of no oaths whatsoever among his disciples ; and as hath been said that particle [ but ] which stands between those two prohibitions of moses saying , forswear not but performe to god thine oaths ; and of christ saying [ but ] i say unto you swear not at all , doth manifest it that christ forbids all swearing as much as any ; even such swearing as was not indulged to them by the pharisees only but by moses and god himself , who by his servant dispensed with them in , and instituted even their swearing by god's own name , who never indulged or dispensed with any of that creature swearing as a. s. speaks of , but threatned woes to it under the law ; and by the law again , if it be said christ only prohibited all such voluntary oaths , which they sware to performe to the lord by any creature as heaven , earth , in their communication and mutual converse , as a. s. says , but not solemn oaths by god in courts or before magistrates , and not between man and man , and matter of deliberation as some other say , and have interpreted the words , let not your whole conversation be interwoven with oaths . reply . christ does indeed forbid all such voluntary oaths as was used by the jewes and pharisees , and all swearing by any thing besides god or below god , also all swearing in common communication , and ordinary conversation where yea and nay should serve , yea and that which is called solemn and by some sacred and lawful even by god , even all swearing , by god commonly , frequently , or generally , which is now in courts and imposed by justices , magistrates , than which , nothing almost is more ordinary frequent and common ; if our communication and conversation should be without swearing , and our mutual converse one with another among men should be without oaths of any kind whatsoever ; is not this exclusive of swearing in courts and before magistrates as well as other men , whether in courts and consistories as well as other places , where men have their conversation and their mutual converse with each other , as ordinarily & commonly as elsewhere , which being considered i have with other often mused why some men have been so inconsiderate as to interpret christs words and prohibition as exelusive , of mens swearing in their ordinary converse in courts , where oaths are as ordinary , frequent and common , as in any places whatsoever , especially that some men plead so much for oaths in courts and before magistrates only ; ( as though they were sacred and solemn there and no where else , and holy , and lawful only there ) and yet can bring no better proof under the gospel for them , nor of their right to impose them upon christians more then others ? among the many false instances they bring of paul , swearing frequently to the churches in his letters ; and such pittiful proof as a. s. offers of christ being charged by the high priest as he says to swear , though he swore , for i deny that ; ( i adjure thee , ) proves not that christ swore , it being not his but anothers charge upon him ; and it 's silly to think that christ who said , swear not at all , no not by heaven , for it's god's throne , which who so swears by , mat. . swears by god that sits thereon ; that he should swear by the living god , he was the christ , at the command or charge of the high priest , who was his inferiour , ( though he had been a better priest then he was ) as being but the type of himself ; but indeed there was no such matter as a. s. and others have affirmed , for when the high priest barely asked him only whether he was the christ or not ? he answered i am : besides the law was not in the shadow of it fully ended , although christ had instituted divers things among his disciples which was not in the law , and yet not against it , but all these instances that many opposers with a. s. hath brought of the apostles and christ swearing , are but shrouds and shelters they make for themselves , because they have a mind to obey the commands of men rather then christs doctrine , for avoiding of persecution and suffering , and therefore would make all things they take in hand look like their own image : but having discoursed of this before i come to a. s. his last part of his discourse , and his interpretation upon mat. . and james . in his . section he says , if any still urges the universality of the expression , ( swear not at all , ) and that of jam. . ( above all things my brethren , swear not neither by heaven , nor by earth , neither any other oath ) to the first he says , its plain that they that thus argue break off our saviours sentence in the midle , and suffers him not to come to his period , for he saith not , swear not at all , there fixing a point , but swear not at all , neither by heaven , nor by earth , &c. and for that of james must of necessity be understood , with restriction ; quotes austin upon the text , it cannot be that swearing is worse then forswearing , theft , adultery , murther , these are hainous crimes , nulla autem culpa est verum jurare ; but if no sin to swear the truth , why then above all things swear not ; not that swearing is so great an offence as many others , but least we contract a habit thereof , then probably by rash oaths we shall offend god by false swearing , which is no more then in an especial manner , forbear forswearing , and any other oath must be restrained in a limited sense , for there is not meant any oaths what ever , but such as the apostle speaks of , neither by heaven , by earth , nor any other oath , that is any oath taken by other creatures , for so must they be understood , unless we interpret his words to make them contradict gods , and set the servant in a manifest oppositon to his master . reply . we who are of a contrary judgment to a. s. do still urge the universality of the text , mat. . , , &c. and we shall not break off the sentence of christ in the midle ; swear not at all &c. but shall render it as it is , neither was it ever intended otherwise , but for brevities sake , because the innumeration of heaven and earth , &c. are only inclusive in the prohibition , and we shall speak on , and what christ hath joyned we shall not separate : but read the words as they are , yee have heard it hath been said of old time , thou shalt not forswear thy self , but shalt performe unto the lord thine oaths , but i say unto you swear not at all , neither by heaven , for it is gods throne ; neither by the earth , it 's his foot-stoole ; neither by jerusalem , for it 's the city of the great king ; neither shalt thou swear by thy head , because thou cannot make one hair white or black : but let your communication be yea , yea , nay , nay , whatsoever is more then those cometh of evil ; james . & . but above all things my bretheren , swear not , neither by heaven , neither by earth , neither by any other oath ; but let your yea be yea , and your nay , nay , least you fall into condemnation : in which two texts we say ( in the affirmative ) all manner of swearing is forbiden , for the truth of which many reasons have been and may be given . first , because all manner of swearing is here expresly instanced in these two disjunctive clauses , which are expresly conclusive , and consequently ( because spoken by way of prohibiton ) exclusive , exceptive of all swearing , that can be thought on , swear not , swear not at all , sayes the texts , yea that none may imagine , as a. s. would make men do , that this general rule admits of any exception : but all know the prohibition is so strickt , as to allow , of no permission in the point to swear , by any thing but god , he addes neither by heaven , neither by earth , neither by jerusalem , neither by thy head ; and these are only more ample expressions , of that prohibition , and are not exclusive or disjunctive , from the prohibition , but conclusive of the prohibition of all swearing whatever . but least any should think he forbids only , and no more then extravagant oaths of such as swear by creatures , as earth , jerusalem the head , and such like , when as whosoever swore lawfully under the law , was to swear by none but god himself . but that there be no root at all for any reasoning , for swearing against the flat prohibition of it : james . he concludes and shuts up all in these universal tearmes , and excludes all oaths , and all possible pretence of plea , at all ; also for any swearing , adding neither by any other oath , what words more plain words can be uttered , or can be more expresly exclusive , both of all kinds or sorts of swearing , and of all sorts of particular oaths of every kind , and by heaven , and by earth , and jerusalem , are so far from signifying , that those oaths by creatures are only the oaths that christ prohibits , that they are but only innumerations and amplifications ; of the former part of the prohibition , swear not at all : which we grant were spoken to reprove the pharisees , and the jews practise about their vain swearing . and why must those words ( of james . ) needs be understood with restriction , ( above all things , swear not neither by heaven , neither by earth , &c. ) why st. austin scruples at the first words , quare ante omnia jurare est quam furari , &c. quàm adulterare , &c. quàm hominem accidere , it cannot be that swearing is worse , and forswearing , then adultery , theft , murther , we do not say it is , but if it be not ; or that be not , the reason why he says , above all things swear not , because swearing is a sin above all sins , can no other reason then that be rendered ? yes , yet we shall agree with austin , and a. s. too ; if their judgment be one thus far , that it was not sin to swear the truth when called unto it under the law : why then above all things swear not , not that swearing is so great an offence as murther or adultery , but least we contract a habit thereof ; and then possibly by rash oaths we should offend god , which is no more saith he , then in especial manner forbearswearing , and any other oath , saith a. s. must be restrained in a limited sense , for there is not meant any oath whatever , but such as the apostle speaks of , by heaven , by earth , &c. though there be some truth in what is said ; yet it s too short to answer the apostles end and scope , and the reason falls short that is rendered ; but the man reason is , ( they were jewes unto whom he wrote , the twelve tribes scattered ) whom we deny not , but were run into that custome of vain swearing by creatures , as heaven , earth , jerusalem , head and temple , &c. but that is not all , though we grant it is some reason ; but they being jews , who might under the law swear serious or solemn oaths , and were not so fully informed of the end of the law in christ : under which among them some oaths were lawful ; they were apt to think , they did as well in swearing , so now as they did before ; so though adultery and murther may be as bad and worse then swearing ; yet the law being so expresly against them , which yet in its time allowed some kind of swearing in some cases ( it was more hard to bring them of from some ceremonious services of the law that were once lawful , as is evident long after christs ascention , the apostles had much to do with them about the rites of the law , as circumcision , and times ; and dayes , and new moones , &c. then from such sins as were known and hated by them , and held accursed , by the very letter of the law ; and therefore he says ) above all things my bretheren swear not ; that they might not only take hold of all vain swearing , and swearing by creatures , that was ever unlawful ; but if that they might know that now to be unlawful which in former times was accounted lawful for them : and so its ordinary to say to men , above all things take heed of that to which they have been long accustomed , and with which ( through heedlesness of the unlawfulness of the thing , ) they are apt most easily to be overtaken . again , it is by solomon , who spoke by the eternal wisedome of god , and in it to fear an oath is made the character of a righteous man that sacrificeth acceptably to god ( to swear at all ) is more the character of a wicked and uncleave sinner , eccles. . . . for how he it men shall once return , and discern , the happiness of him that serves god , from his woe who serves him not , yet he is one event to the righteous and the wicked , to the good and to the clean , and to the unclean to him that sacrificeth and him that sacrificeth not , as is the good so is the sinner , as he that sweareth so be that fears an oath , and so as above all things swear not , is to be taken not only of those oaths which were ever unlawful by heaven and earth , but even of those that sometime were lawful under the law , in the type which now when the substance the oath of god is come , and the covenant of light given to all nations , isa. . . luk. . , . who ends all , not only vain oaths , but all oaths , and is the substance of all , even to the subsequent , neither by any other oath is not only to be taken of such oaths neither by heaven , neither by earth , which were ever unlawful ; but even of those sometime lawful , even all swearing and all oaths ; and the servant is not in opposition to his master , but knew the mind of his master christ , and therefore taught like doctrine and the same : but what ever christ or james had said a. s. would make them , if he could to mean as he means , to set their plain express words against their mind : but so much hath been said by many others who fear the lord and an oath too , and so many demonstrative and weighty things have been offered to the consciences and publick view of all , which a. s. i perceive hath seen some of them , though he come not so much as near as to answer them , but only asserts his own , being a work it seems he was put upon by others to plead for swearing ; so that something he must say on that behalf , and draw that way , and to make all things look towards that end , and to concur together ( to justifie them ) and the lawfulness of oaths under the gospel , and their work who persecutes the servants of christ for abiding in his doctrine , who speaks the truth and dare not lie nor swear at all ; i say i shall be the more brief because i know many things is extant by others , and of weight which hath not yet been answered , nor is by a. s. though here and there a little in his annotations he carps sometime upon small ground , although he hath asserted nothing but that which hath been answered over and over again : but i draw on to his last refuge and plea , his answer to both the texts conjunction . that these propositions ; says a. s. ( how universally soever exprest ) ought not in equity to be extended beyond the intention of the apostles , but be limited according to the subject matter , swear not at all ( says christ ) neither by heaven , nor by earth , &c. that is , i universally forbid you all those oaths which you were wont to use frequently to wicked purposes ; and further he says all vain and false oaths by god , even by the acknowledgement of the pharisees were sufficiently forbidden before , so there was no need either for christ or james to speak of them again , other places of scripture must of necessity be thus interpreted , cor. . . matthew . luke . . mat. . luke . . how universally soever exposed must be restrained according to the mind of the speaker , and so must these words swear not at all . reply . it 's freely granted that these two texts ought not to be extended beyond the intention of the speakers , but be limited according to the subject matter , as for general terms and universal prohibitions , admitting of exception they do so , we grant now and then they do , and of restrictions , but when they do these exceptions and restrictions are usually in one place or other of the same testament , where they are made , or at least most manifestly amplified by him that gave out these general prohibitions , & so are most of these generals and restrictions that a. s. hath instanced , cor. . . all things are lawful for me , to eat that which was sold at the shambles was lawful , but that which was sacrificed to idols , v. . there he mentions the restriction himself , and so luke . . it seemed good to me also , having perfect understanding of all things from the very first , the subject matter whereof he writes & the things are exprest , and the exceptions , in the . chapter , and in mat. . . all manner of sin and blasphemy shall be forgiven unto men , but the blasphemy against the holy ghost shall not be forgiven , there in the same verse christ makes the exception and restriction , and exodus . . thou shalt do no manner of work , it s abundantly expressed else where in the law ; where the priests service on every sabbath are appointed them , and the exception of dressing what every one was to eat , and was expressed , and the exception of doing good , and of works of mercy , in saving the life of man or beast was to take place ever against the typical sabbath ( i will have mercy and not sacrifice ) and that of luke . . and the woman that was healed by touching the border of christs garment , she declared unto him before all the people ; what saith a. s. before all the people of the world , or before all the people of the land ? no there is none so ignorant as to understand it , for mark. . . manifest the exception before all the people , only that were with him nigh unto the sea ; when he returned from the country of the gadarens , or before all the people of his own city that came out to meet him , mat. . . mat. . . many more i might add to what a. s. hath instanced , that christ uttered many truths in general terms which must admit of exception , luk. . . all the sinners christ spoke to about him , in the general terms , ye shall perish , but this was not without exception of such as should repent ; but that exception was not without expression , viz. except ye repent , again he said unto his hearers , ye cannot enter the kingdom of god ; that was not without exceptions , nor these exceptions without expressions , viz. except ye be converted ; yea in the verses immediately before , this universal prohibition swear not at all , mat. . , . christ says 't was said of old , if any put away his wife let him give her a bill of divorce ; but i say whosoever shall put away his wife causeth her to commit adultery : but this admits of an exception , and that exception is thus exprest , viz. saving for the cause of fornication ; but though all this be granted , even these and many more universal terms admits of exceptions and restriction , yet we cannot grant that these two texts admits of any such exceptions of restrictions as a. s. would interpret them . my reason is this , because in this general term and universal prohibition , swear not at all , it cannot in equity be taken and limited in that sense which a. s. puts upon it , not with that restriction , for that sense would make it short of the subject matter where all swearing is forbidden as well as any , because swear not at all by heaven , earth , &c. because there is not only no expression made any where ( after ) of any such exception or restriction , but a fuller amplification of it , by such particulars as is enumerated , and are more particularly exclusive of all kinds of oaths , and of all oaths of any kind , not only of those that they used to wicked purposes , but even those they solemnly used sometime to good purposes before the seed christ was revealed , and the apostle james . . neither by heaven , neither by earth , neither by any other oath ; which is a re-inforcement and redoubling of the said universal prohibition ; whereas if christ had intended any exception here , he might as easily have exprest , and would as assuredly as he did imediatly above , in the cause of divorce , by ( except in the cause of fornication , ) and have so said , swear not at all , except it be solemn and sacred oathes , and by the lord to good purposes in courts where ye are call'd to swear before a magistrate ; so james if he had intended as a. s. will needs in force yet without any ground , a limitation and restriction , above all things my brethren swear not , neither by heaven , neither by earth , neither by any other oath , except ye swear solemnly by god to good purposes , in courts , or before magistrates ; but as i said instead of excepting any exception , he adds that which more strangthens and clears beyond all exception , the universality of his prohibition ; and if all vain oaths by god were forbidden before , and all swearing by creatures , so that there was no need either for christ or james to speak of them again , as a. s. says ; then this is still matter for the argument on our part , that some oaths were prohibited by christ and james which were not prohibited before , and of which there was necessity for them to speak , as there was indeed , not only about those oaths and other things which the law before had prohibited , but even of those things that it had allowed and indulged , because of the hardness of their hearts , so we say there was a necessity of christ and james not only to mention those things again which the law had spoken of before , and disallowed which we have instanced before , and is manifest in that chap. . which the pharisees had perverted and loosened by their false glosses and traditions ; but even those things which were permitted , indulged and commanded under the law , and suffered to be , because of the hardness of their hearts , and strifes , unbeliefes , insecurities ; and therefore christ teacheth and informeth his disciples , as it was in the beginning before those things entered , and in this cause about oaths amongst the rest prohibites all swearing without limitation , not only that which was once forbidden , but even that which was once permitted and commanded , and indulged ; and therefore it hath been said of old time thou shalt not forswear thy self under the law , ( where in ) numb . . . deut. . . but i say unto you , swear not at all , neither by heaven , nor earth , nor jerusalem , no thy head , which is manifestly an exclusive prohibition of all oaths , without exception or restriction , or limitation , and still will stand good ( not withstanding all a. s. and others opposing ) among his disciples and true christians , in whose hearts he hath put it to speak the truth , and confess in any cause wherein they are concerned to the glory of god the father , and to keep the commands of his christ , and to glory him by abiding in his doctrine , swear not at all . and then a. s. concludes here the grand objection falls of it self which is either all kinds of swearing is forbidden , or else christ notwithstanding his words , ( but i say unto you ) forbad nothing which was forbidden before , which is utterly improbable , and the reason is saith he , because god formerly had forbidden all false and vain oaths , and all swearing by creatures , all which i grant to be true saith he ; but the pharisees had taught the people otherwise by their wicked glosses , that made the commandement of small effect by their tradition , and the practise of that nation was widely distant from the commandement , both which were necessarily to be reformed , which our saviour did in these words , but i say unto you swear not at all . reply . who ever denyed but that the pharisees were blind guides , and that they laboured to make void the law , and made the commands of god of small effect by their traditions ; or that the practise of that nation was not widely distant from the commandement , and that they sware by false gods sometime , and vainly by the true god , and took his name in vain ; and sware also by heaven and earth , and jerusalem , like as many do now ; all this we grant , that they were out of the way both in oaths and other things ; also that christ reproved in the fifth of matthew , and elsewhere , which christ reformed and reproved their doctrine and manners : i say again how is the grand objection fallen by this that either all kind of swearing is forbidden here by christ , or else christ forbad nothing which was not forbidden before , which is utterly improbable saith a. s. but it is more probable then any thing that a. s. hath yet offered ; for if only by heaven , earth , jerusalem , head , temple and altar , by that which christ forbad that the pharisees taught the people they might swear by ; these were forbidden before inclusive in false swearing or swearing by creatures though not expressed , or enumerated nominally , yet included among the sinful and vain oaths under the law , and so were forbidden before , and faith a. s. i grant that all vain oaths and perjury , and all swearing by creatures were formerly forbidden , and if so as indeed they were , what more did he forbid then was forbidden , if the words must only be understood of those sinful and vain oaths by creatures above mentioned , that the pharisees indulged the people in , and taught as a. s. would only limit his prohibition and exception i shall leave to the conscience of every enlightened man to judge , and say that in these words it hath been said of old time thou shalt not forswear , but pay thy vows unto the lord ; but i say ( who am come to restore man again into that estate he fell from by transgression , and to redeem him that believes out of strife and contention , and idolatry , to have fellowship with the father ) swear not at all , neither by heaven nor earth , nor any other oath , that as hath been said before here is a prohibition of all vain oaths and false oaths , and perjury , and all oaths by creatures , and all the vain traditions of scribes and pharisees about oaths , and somewhat more , even a prohibition of those oaths to his disciples , which the law allowed after sin had entered , for which cause the law was added , and oaths added , but christ ends it , ( not by destroying it ) but by fulfilling it , and hath set up that which is more evangelical , truth it self , in which there is no shadow of change , and it is binding upon the souls of all true christians , and that by which they are bound one to another , and every word , promise , or testimony that go out of their hearts and mouths , they by it are bound to keep , least they fall into condemnation , but their yea is yea , and nay is nay ; and whatsoever is more then this cometh of evil , and therefore they do not , cannot , nor dare not go beyond this or that which doth but ▪ amount to as much , and there needs no more among true christians . now as to them , who are in the contention and strife and unbelief and oathes , works of the flesh , as variance , discord , whom the law hath power over and is against , as long as they live in such estate , it s granted that the law was added because of these transgressions , and is against such ; and how far swearing can be binding among evil , contentious , unconscionable men , that make no conscience of any thing , who cannot believe one another , nor give credit to one another without swearing , experience hath manifested whether they judge one another to be believed better by swearing then without swearing , that 's little to us , neither shall we meddle in contentious matters , nor have to do with striving men , as little as possible : but rather suffer wrong , then wrong our consciences by swearing , which we are perswaded by christ we ought not to right our selves , as hitherto we have done and have peace , blessed be god in our hearts , however , we could rejoice and be glad to see all men be at peace , and agree , and it s our desire to live in that love , and we shall seek it with men , and to be at peace as much as in us lyes , even in that love that works no evil , nor thinks no evil , but believeth all things , and beareth all things , and so carries beyond strife and oaths , but if they will not be without oathes in courts and judicatures , we are cleer in the matter , if they exact upon us , and do as they have done , to the undoing , & ruining of many in this world , we must be content , knowing it better to suffer wrong , then do it , and shall acquiesce and rest in the will of god , till he plead our cause , and open the hearts of men to see through the clouds of error and ignorance that is over their consciences . yet how ever this i must needs say , this frequent , common , prophane swearing , that hath exalted its horn , more of late years , is one of the crying sins of england , that gods anger is against , and will draw down his judgment , and kindle the indignation which hangs over this nation , not only , because of those that command men to swear , contrary to christs command : ( and that for to establish cruelty and injustice ) but also that swore falsly and vainly , and that against their knowledge , for their own profit , and the disadvantages of others ; to accomplish their wicked , malicious and revengeful designes , against the innocent , who dare not swear at all , and thereby are made a pray to the teeth of wolves , and to the wills of corrupt men , who take occasion ( as it were ) to plow long furrowes upon the backs of the poor and needy , for which things sake the wrath of god will be poured out upon the head of the wicked , and the nation shall be on heaps , and the wise men shall be turned backwards , and their table shall be a snare , and the curse shall be upon the rebellious , and they shall fall and be broken , and rise no more : and this may justly befall this nation , because of oaths , and because of oppression . and oh much pittied nation , it may be said of thee truly as the prophet hosea . , . ( because of swearing , and lying , and killing , and stealing , and whoring , they break out , and blood toucheth blood , therefore shall the land mourn , and every one that dwells therein shall be cut off ) oh what sad times do we behold , nothing but extreames of evil are presented to our eyes and eares , some do little but swear ordinarily , commonly and vainly , in all kind of communication and conversation , not only in their usual outer sourses in courts , with judges and magistrates , but in their ho●ly discourses also with other men , in cities , townes , princes , and great mens courts , and places , vniversities , colledges , almost all houses , at least all talvernes and ale-houses , and in the open streets and assemblies , almost every where , are full of dreadful oathes , and mens discourses interwoven with execrable and direful oaths , even as it were daring god to confound them and damn them , and such like , and though there be divers laws against swearing vainly and forswearing , yet these are not looked at , but how should we exspect that they should look at the execution of the laws of men which are good , who heeds not the law of god ; and are so buzzed now a days , with over-executing those intangling laws that are extant for oaths , and forswearing , to intrap and insnare poor innocent men , who dare not swear at all , but keep the commands of christ ; so that there is no leisure lost to look after those most wholsome and profitable laws of both god and the king , which are against vain oaths , and forswearing , which the land abounds with , the like hath not been in any age , which is a sad presage of the judgment of god to be at hand . and last of all , a. s. he says hath done , and he fears it 's more and time to have done with the exposition of those words , and so comes to application , and so he speaks to all in general ; who at that time or any other may be legally called to take their oaths , which you have heard vindicated to be lawfull , notwithstanding the seeming opposition of these words , swear not at all ; but those must be understood of necessary oaths , and your righteousness is to exceed the scribes and pharisees , but they condemned perjury in the verse immediately before mytext , and your warrant for swearing is in jer. . . which thence appears not only lawful but in some cases necessary . reply . it 's more then time indeed to have done , to pervert christ's plain doctrine with his imaginary exposition , and what he counts ( legally called ) seeing christ prohibited it is not of much force , neither will a. s. vindication stand against the real opposition of christs words , swear not at all ; but his seeming vindication ( will in the day of the lord when the secrets of all hearts shall be manifest by jesus christ , when the book of conscience shall be opened ) will be found to be in real opposition unto christ , and his reward will be according to his workes , who hath by his work strengthen'd the hand of evil doers and persecutors , to the adding affliction to affliction upon the righteous ; and if the words must be understood of necessary oaths , then there is none necessary among christs true disciples , who commanded , let your yea be yea , or your nay , nay , for whatsoever is more comes of evil , and whether the scribes and pharisees condemned a perjury or not , we are sure the law did , which christs words hath reference to , it hath been said of old time thou shalt not forswear thy self ; and if the righteousness of christs disciples be to exceed the righteousness of the scribes and pharisees , and they condemned perjury , and all false swearing by god , and the law condemned all false oaths , and vain oaths , and oathes by creatures , as a. s. hath granted ; then the righteousness of the disciples is to be another , then the righteousness ( of the law ) which condemned all perjury and vain oaths ; then what is it , but not to swear at all any oath ? but speak the truth , and confess it to the glory of god in yea and nay ; and this is that which exceeds the scribes and pharisees , and is only lawful and necessary under the gospel ; and as for jer. . . this is pittiful proofe and warrant for christians to swear under the gospel , for that was only spoken to israel or juda , who were under the first covenant , and yet were revolted from the ordinances thereof , and were back-sliders , as is to be seen , jer. . . and hath not reference to the second covenant : but i shall come towards an end as well as a. s. and conclude and refer all ( what both he and i hath said ) to the judgment of the lord , and the measure of gods holy spirit in all mens consciences , to be received or denyed by that as he and his witness bears evidence , so shall the matter stand eternally . yet i cannot but mind the reader , though a. s. hath had , as appeares , certain books of the dissenters , in which are weighty things , about this particular of swearing ; which he hath not answered at all , as to their arguments , only carped here and there at a word , which is not of great moment ; but though he may plead some reason , that it was not possible , to answer all things in so short a discourse , as a sermon , wherein he was limited as to time , yet since he had , i perceive , by his annotations , time enough to have answered them , having their books extant by him , but hath not , in the most weighty considerations , therefore i refer the reader to them , for his further satisfaction , viz. to the answer of bishop gauden , by that faithful servant of god , sam , fisher , where this point is largely discussed , likewise his antedote against swearing , in answer to henry den , and jeremiah ives , likewise a book published by isaac pennington , titled , the great question concerning the lawfulness or unlawfulness of swearing under the gospel stated , and considered of ; wherein are weighty things declared in short ; st . what an oath is ; d . the ground and occasion of an oath ; d. the causes wherein an oath was to be used ; ly . the end of an oath ; ly the suitableness of its nature to the end aimed at by it ; ly ▪ the persons to whom the use of an oath was proper and lawful . wherein also is clearly showen the state of man kind from the creation , comprised in four heads or particulars : ( first , the state of innocency ) ( when there was no oath ) secondly , an estate of captivity , wherein an oath was proper and lawful : thirdly , the estate of shadowy redemption , wherein it was lawful also : fourthly , an estate of true and perfect redemption , wherein , it s neither needful nor lawful , seeing it s prohibited by christ , all which a. s. hath passed over , and hath not answered . likewise a book published by john crook , titled , the case of swearing ( at all ) discussed with ; and several objections answered : these things a. s. hath not answered , i only instance them , for the readers further satisfaction , if unsatisfied in what hath been said already ; all which great and weighty things , are worthy of the serious consideration of all . likewise a book , titled , ( swearing denyed in the new covenant ) by morgan watkins . when all that hath been said , is duly considered and weighed in the righteous ballance of gods holy spirit , they will not think it strange that some denies to swear at all , but rather wonder that such a vaile of darkness should be so long over the minds and hearts of them that believe not , notwithstanding so clear evidence from christ and his apostles , or the example of the primitive christians or holy martyrs , who spoke the truth , but denyed to swear at all ; but that custome and tradition is often more minded then the very truth it self . oh that the rulers of this nation would once consider and weigh what they are doing , and how many and great the suffering of a conscientious people that fears the lord in their hearts are , who dare not disobey the commands of christ , least they fall into condemnation , and come under the rebuke of the lord in their hearts , who hath power alone to kill and to make alive , but rather chuseth to suffer the loss of all , and undergo the manifold sufferings that some malicious spirits causeth to be inflicted upon them ; when indeed there is no cause at all ; while prophane persons swears , and forswears , and takes gods holy name in vain , and makes little conscience of any thing , but sometime for , and sometime against , whatsoever seems countenanced or discountenanced by the magistrates ; so that neither the king nor kingdom is in any more security notwithstanding all such swearing , how solemn soever they seem in swearing , neither any more credit to be given in judicature , then there is to be given to him that is a common swearer in his private occasions , or common communication ; and oh how doth the land abound in this , in so much that he that is not a curser or a swearer is looked upon as a phanaticke , or some disobedient person , or unconformable man , which ought especially to be eyed for a dangerous person : oh that the heads and rulers of the people would but consider how near the judgment of god is , and how ready to break forth upon the nation , and not without cause , even great evils are begun , pestilence and sword already threatned , and gods arrows flying abroad to wound and to destroy them that continue in hardness of heart and rebellion against god , and will not suffer him to rule and reign in the consciences and kingdoms of men , but vain men would set up their thresh-hold with his , and not only so , but against his , and great is the wickedness and the sins of this nation upon many accounts , which the lord will bring a scourge upon , especially that greivous sin of persecution , that cain-like way , which the generations hath chosen to add as they ignorantly suppose unto their church , and so builds up their zion with cruelty , and their church by iniquity : oh this is loathsome in the sight of god ; had zimri peace who slew his master ? had israel peace when she slew the prophets ? had the jewes peace when they had crucified christ ? had the romans peace when they persecuted the first christians ? had cain peace when he had slain his brother ? if nay , let not england expect peace , when they are persecuting them that are members of christs church , so that this grievous sin ( if england had no more ) were enough to bring the dreadful judgment of god upon the whole land , and undoubtedly will , if not repented of ; but now it must not be counted so ; and why ? because there are some statutes and lawes which they obey not , and so it 's for disobedience ; consider , did not all the former pretend one law or other , did not all that ever suffered , even the best of men and the best of christians suffer as disobedient , and as offenders against some law or other , ( and as evil doers ) in the account of them , that inflicted punishments upon them ; if so , as it is certain they did , may not england be deceived , while that they are thinking they do god and the king service to root out and destroy some , under the notion of heresie , and some under the notion of disobedience , and factious , may they not be persecuting christ in his members , or destroying the peaceable members of their native country ; the lord open all their eyes and do away the darkness and the vaile of ignorance that is over many hearts , that they may turn to the lord and submit unto his eternal and unchangable power , that so they may escape the day of the lord which is at hand , and the judgment of god that is ready to break forth as an overflowing scourge to cut off and sweep away in his displeasure even all them that would not have christ to rule in their hearts , neither have his lawes fulfilled nor obeyed , which he writeth in the hearts of all true believers , unto whom all must bow and be subject , because the father hath committed all power into his hand , and his glory he will not give to another ; no , to none but him whom he hath given for a convenant of light and life , to be king , law-giver , saviour , and judge of his people , and to be the head of the body , his church , whom he redeemes out of the world to himself , to glorifie him , who is the only potentate and king of immortal glory , god blessed for ever and ever , amen . the end . faults escaped the press . page . line . for waken read weaken . p. . l . for polligume r. polygamie . l. . for polligume r. polygamie . p. . l. . for polligume r. polygamie . p. l. . for persuming r. presuming . p , . l. . for jestures r. gestures . p. . l. . for revailed r. revealed . p. . l. . for are r. erre . p. . l. . for evil r. civill . l. for beuite r. brute . p. . l. . for essarus r. esseans . p. . l. . for putting r. putteth . notes, typically marginal, from the original text notes for div a -e * without an oath as under the law in divers causes where no oath is mentioned but w●tn●sses , deut. . . * deut. . . in case of life & death , no oath was used we read of * for he is called gods covenant , isa. . and god's covenant is his oath which he sware , luk. . , . * deutrono . . . exod. . . * adjure doth often sign sie to charge or oblige , by bare promise as well as oath ; for if the phrase , i adjure thee by god , be a command to swear by god then this would make , acts . , . abusurd ; when the exorcists did adjure the evil spirit in the name of jesus , ( not to swear ) but to come out or depart out of the man. the arraignment, conviction and condemnation of the westminsterian-juncto's engagement with a cautionarie exhortation to all honest english spirits to avoid the danger of perjurie by taking of it. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the arraignment, conviction and condemnation of the westminsterian-juncto's engagement with a cautionarie exhortation to all honest english spirits to avoid the danger of perjurie by taking of it. prynne, william, - . [ ], p. s.n.], [london : . attributed to william prynne. cf. nuc pre- imprints. place of publication from wing. reproduction of original in harvard university libraries. marginal notes. eng oaths -- great britain. great britain -- history -- civil war, - . a r (wing p ). civilwar no the arraignment, conviction and condemnation of the westminsterian-juncto's engagement· with a cautionarie exhortation to all honest english prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion the arraignment , conviction and condemnation of the westminsterian-juncto's engagement . with a cautionarie exhortation to all honest english spirits , to avoid the danger of perjurie by taking of it . proverbs . . . . my sonne , feare thou the lord , and the king : and meddle not with them that are given to change . for their calamity shall rise suddenly , and who knoweth the ruine of them both ? printed in the yeere . summary reasons against the new oath and engagement . yov shall sweare , [ or ] i declare and promise , that i will bee true and faithfull to the common-wealth of england , as the same is now established without king or house of lords . first , this oath and engagement is imposed by those who , by the lawes of god and the realme , had never any power ( admit them a full and free house of commons , under no force , as they are not ) to administer , much lesse to make or impose any oath in any case . cookes . institut . p. . and lesse authority then the bishops and clergy in convocation , who made the &c oath , not so bad as this ; adjudged high-treason in canterburies case , for which hee lost his head : canterburies doome p. . . though not so bad as this . secondly , it is contrary to all the antient oathes of our judges , justices of peace , mayors , sheriffs , recorders , clearkes of chancery and other courts of justice : to the oathes of fealty and homage , made by all the kings tenants : the antient and late oathes of supremacy and allegiance ; the vow and protestation ; the solemne league and covenant , and engagement of the whole kingdome to the king , his heires successours , and posteritie for ever , to defend their undoubted right to the crowne with the last drop of their blood● , conteined in the statutes of . iacobi cap. . . and involves the makers and takers thereof , in manifold execrable perjuries ; to the scandall of our religion , nation , dishonour and high displeasure of god , and just-damnation of their soules . thirdly , it is a new gunpowder-treason , blowing up the king and his posteritie , monarchy , the house of lords , the constitution and priviledges of our english parliaments , our ancient fundamentall government , lawes , liberties , and our three kingdomes at one crack ; the very same and farre worse then that of the iesuites and papists , condemned by the statutes of . iacobi cap. . . . executing farre more then what they intended , and quite deleting the infamy and memory of that , and all future celebration of that joyfull day of november . never to bee forgotten . fourthly , it disseiseth , disinheriteth , fore-judgeth the king of his [b] rightfull crowne and revenues , the house of lords of their peerage , priviledges , and [c] the undoubted rights our english parliament and kingdom of their very liberties and beings ; un-kinging , un-lording , un-parliamenting , un-kingdoming them all at once , without once summoning and bringing them to answer by any legall processe , to heare what they can say for themselves , and without any lawfull iudgement of their peers according to the lawe of the land , contrary to the expresse letter of magna charta . e. . c. . . e , . c. . . e. . c. . , e. . c. . . e. . c. . and the petition of right ; yea [d] debarres those ministers , officers , lawyers , students , from their augmentations , callings , offices , preferments and degrees , who refuse or neglect to subscribe it ; contrary to all these statutes and the lawe of the land , without any hearing or tryall ; the extremitie of tyranny and injustice ; transcending that of king , prelates , starre-chamber or high-commission . fiftly , it inevitably involves the makers , takers and subscribers thereof in manifold high-treasons against king , kingdome , parliament , for some of which only in a farre lower degree , strafford , canterbury and many others have lost their heads , as you may read in master st. iohn's argument against strafford , and sir edward cookes . institutes cap. . . to the forfeiture of their lives , estates , soules ; yea , infamy and ruine of their ●amilles . sixtly , it enjoynes us to bee true and faithfull to the new common-wealth of england ( the generall councell of officers of the army ; the new created councell of state , and their westminster conclave of journey-men ) as it is now established without king or lords ( without consent of kingdome , peop●e or parliament ) by force of armes , treachery , perjury , that is , to assist and defend them with our lives , councells , estates , and to submit to all their ( illegall ) acts and taxes ( to the losse of lives , liberties , properties against the kings or lords just titles ; and our owne lawes , liberties , byrth-rights ; which to doe , is not only contrary to lawe ● since no homage or fealty is due from any subject , whatsoever , ●o other subject , but to the king alone , and with a saving of that faith which hee owes to our soveraigne lord the king , and that only where there is a legall tenure betweene them , as sir edward cooke resolves , . institutes f. . . . . ) but no lesse then high-treason within the statute of . e. . c. . as he resolves in his . institut . c. , and therefore unreasonable and treasonable for such as are true and faithfull neither to king , lords , parliament , kingdome or people , to exact or expect from any others . seventhly , it most ingratefully and unworthily obliterates the memoriall of all the good lawes , liberties , franchises , protection , benefits , deliverances wee have received , and the peace , prosperity , freedome and happiness● , wee and our ancestors have enjoyed under the reignes of most generous , valorous , bountifull , pious , religious kings and queenes ( especially our late renowned king , edward the sixt , queene elizabeth , king iames , and a great part of king charles his reigne , which the parliaments in their reigns in [e] sundry acts , our own & forreigne historians and writers have so highly magnified and blessed god for ; and our very last parliament remembred and thankfully acknowledged in some of their [f] remonstrances , of which we need no other testimony but our [g] kings & coronation oath ; in extirpating kings and monarchy for ever after , for some confessed extravagancies and errors of the beheaded king , not halfe so grievous , oppressive , unjust or impious , as those themselves are guilty of , especially in repealing as much as in them lies the oathes of supremacy and allegiance , and the solemne league and covenant ( the principall bullwarks against the pope and papists encroachments ) and imposing this new oath and engagement , against the very letter , scope of these and sundry other just and ancient oathes , and forcing it against mens consciences , to make them willfully perjured [h] and damne their soules . eightly , the maine end of this oath is to extinguish , irradic●te our english monarchy and kingship ; though the [i] go●ernment of god himselfe over the whole world , and of our [k] saviour iesus chnist over his church , who have the titles of [l] king of kings , &c. so frequently given them in scripture , though the [m] first , antientest , universallest , honourablest , ●reeest , [n] best , happiest , saf●st , peaceablest , durablest government of all others in the world ; as the scripture , histories , polititians and divines accord : that government under which all the inhabitants of this isle , since it was first peopled , have ever lived , slourished ; continuing unalterable in all changes and successions of those nations which have invaded , peopled , or conquered it , as best and most agreeable and pleasing to the people : that of which we have so long experience , and enjoyed the happiest , freest , peaceablest and most religious we are ever like to see ; that which is established , ratified with so many sacred oathes , lawes , vowes , acts , records and fences of all sorts , that piety or policy could invent , that impiety , impudence and treachery it selfe might justly feare to invade it ; and honoured with such signall preservations and deliverances , in the persons of que●ne elizabeth and king iames , specified in our annals , and [o] some acts of parliament , as might daunt all traytors from attempting its subversion ; and all to introduce a lowe-country government , under as many kings and tyrants , as there are new lords , officers , souldiers , supported by a numerous standing army , and constant garrisons in all counties ; which must bee maintained at the kingdomes and peoples charge by a perpetuall excise so [p] much declamed against in the king , who did only once secretly attempt , ( but not impose it ) great arbitrary monthly contributions , renued and augmented at our new governours meere pleasures ( who both impose , receive and dispose thereof as they please ) and levy it by meere force of armes ( reputed treason in [q] strafford's case , and a levying warre against the king and kingdome ) and that accompanied with the undoing pest of [r] free quarter , upon every march , or pretence of arreares , or pay : and what happy free new state and government this will prove ( the very best all rationall men must expect , being supportable only by a perpetuall army , garrisons , excise , contributions , &c. as the low-countries are ) to justle out our ancientest monarchy in the world , under which wee were freed from all armies , garrisons , excise , contributions , free-quarter , and feares of forraigne invasions , which now affright us , granting only a subsidy or two in devers yeares , only by acts of parliament , to which all consented ( wherein the commons never presumed to tax the lords and clergy at their pleasure , as they now unjustly doe , without their own free consents ) amounting not to one moneths excise and contribution in many yeares ; let all men judge before they take or subscribe this new oath and engagement to abolish the one which was so easy , and erect the other , which must of necessity prove so grievous . ninthly , it will really verifiy and make good all the late king's * declarations and remonstrances against the proceedings of the late houses of parliament ; wherein hee prophetically and frequently charged them ( or rather a few factious and ambitious discontented spirits , that over-swayed and seduced them , under the specious pretences of religion and liberty ) with a trayterous resolution and designe to alter , destroy , dissolve , shake , and rent in pieces the whole frame and constitution of this kingdome , so admirably framed and continued by the blessing of god and the wisedome of our ancestors to the wonder and envy of all the neigbouring kingdomes . to turne the well founded monarchy into a democarcy : to ruine monarchy it selfe and regall power , never before strucken at . to depose , murther , and desto●y both himselfe and his royall posterity , and dissolve his government and authority . to alter and subvert the ancient frame , constitution , and government of church , state , parliament , and fundamentall lawes , liberties of the kingdome and people . to destroy the house of lords , and the priviledges , rights and freedome of our parliaments : to subject both king and people , lawes and liberties , together with his and his good subjects lives and fortunes , and bring them into perpetuall slavery and bondage to their vast , vnlimited , lawlesse , arbitrary , seditious , iu●isdiction , tyranny , power government , ( which would revive that tragedy mr. hooker relates of the anabaptists in germany ) and to destroy both religion and liberty , king and people ; over which they designed to make themselves perpetuall dictators : and , that their armies were raised purposely to effect all these designes : ( all which wee now finde effected , and fully accomplished by the treachery of the army and those now acting ) the timely prevention whereof , the king and his party professed , was the only end and designe of taking up armes against them , for the preservation of religion , lawes , liberties , monarchy , and prevention of this fore-seene anarchy , tyranny , and confusion , now brought upon us by our new pretended governours ( through perjury , treachery , and violence ) against the votes and remonstrances of both houses , who particularly * renounced and protested against them ; and whereof the westminster conclave in the . and . pages of their late declaration of september last ( ordered to bee read in churches ) doe sufficiently acquit both houses , and those who adhered to them only out of honest and publique intention , as designes of their owne , not revealed till of late , the timely discovery whereof would have deterred all from attempting or adhering to the chiefe contrivers of them . now our subscription to this new oath and engagement , will post factum , make both our selves , the late houses , and all their adherents apparently guilty of all these trayterous horrid designes ( to which they were no waies privie nor assenting , but ever abjured in their protestation , vow , solemne league and covenant , and abhominated from their soules ) and thereby not only verifie but justifie the declarations and proceedings of the king in every particular , as most just , necessary and honourable for the publique liberty and safety ; but likewise canonize ( as it were ) him with all his slaine and suffering party , as martyrs for the kingdomes and peoples safety , and the publique liberty ; ( for which they lost their lives and estates ; as all prescribers and subscribers of this oath and engagement must now necessarily acknowledge , and all the world will conclude against them ) and brand our selves , our bretheren of scotland and all those who have lost their lives , limbs and estates in opposition or warres against them , with both the late houses , for notorious rebells , traytors , conspirators , murtherers , on whose heads and soules the guilt of all the precious blood shed in our late and present warres , both in england , ireland and scotland , must now bee translated from the king and his party ( on whom wee have formerly charged it ) and justly rest for the future , to their eternall infamy , condemnation , ●uine . which unavoydable consequence of our submission and subscription to this oa●h and engagement , with the horrors of conscience , and divine judgements that must necess●●ily seize upon us , when under the guilt of so much treachery and blood shed , is sufficient of it selfe alone to deterre us from the least assent thereto , and to engage our utmost power against them , without any other arguments ; ●specially i● compared with the loyall and heroicall resolutions and engagements of our ancestors in the parliament at lincolne . an. . e. . ( recorded in walsingham hist. anglia . p. . to . cookes . instit. p. . ) . h. . ch. . . e. . rot . parl. n. . cookes . instit. p. . . the notable statute of . r. . c. . of pramunire . . h. . c. . . h. . c. . . h. . c. . . h. . c. . . mariae . parl. . ch. . . eliz. c. . . . eliz c. . . eliz. c. . . iacobi ch. . . . iac. ch. . . . . & . iac. ch. . which all perjured iudges , sergeants and lawyers ( who have dishonoured their pro●●ssions by their late subscriptions , and exceeded iudge thorpe , tresilian and his companions , and the ship-money judges , in their perjuries and treasons against king , kingdome , lords , people , lawes , liberties , which they have basely and wickedly betrayed , against their science and conscience ) may doe well to chew the cudde upon and on mr. st. iohns speech at the impeachment of the iudges concerning ship-money , and argument at law at straffords attainder ( enough to hang and damne them all twenty times over , with all other imposers and subscribers of this treasonable engagement ) doe well to head other str●ffords whose crimes were not halfe so treasonable and abhominable a● the enforcing or subscribing of this oath and engagement , by the meere pretended authority of those , who never had the least legall power to administer any old lawfull oath , in any case , when a full free and lawfull commons house ; much less● to make and impose a n●w treasonable and illegall oath of allegiance to themselves ( who are oblieged by no such r●ciprocall oath to preserve our l●w●● , liberties and free customes , as o●r kings alwaies were ) upon all the nation , against the l●wes and statutes of the realme , and above thirty legall oathes yet in force , which sundry offic●rs are oblieged to take before they may or ought to execu●e ●heir respective ●ffic●s . tent●ly , the scripture is expresse , that monarchicall government is gods owne speciall ordinance , deut. . . and prov. . . . rom. . . t●at the enjoymen● 〈◊〉 kings and kingly government is a great honour , happinesse an● benefit to a nation and a specia●● blessing promised and g●ven to them by god himselfe , gen. . . . ●er . . c. . . . chron. . . ezach . . . a●d can it then bee a miserie and judgment to us ? that is a most s●vere iudgement of god , and the cause of many miseries , oppressions , disorders and destruction to a nation or kingdome , to bee without a k●ng , by the scriptures and gods owne resolution . iudg. c. . . c. . . c. . . hosea . c. . . . c. . . ier . . ● hosea . . . miob . . . . amos . . . . zech. . . and can it bee then any happiness● and no judgement unto us to bee without ● king ? that kings have beene the greatest reformers and promoters of gods worship and religion and s●ppressors of idolatry under the law ( 〈◊〉 the bookes of kings , chronicles , ezra , e●ter , neh●miah , daniel , the psalmes ▪ prover●s●●stify ) and are specially proph●cied and promised to bee the chiefe patriots , fathers , promot●rs , propagators and reformers of religion , gods church and worship under the gospell , in sundry texts , as psal. . . ps. . . . ps. . . ps. . . . ps. . . isay . . c. . . . . c. . . . c . . c. . . . . c. . rev. . . c. . . which h●stories witnesse to bee experimentally verified , and more especialy in our island ( according to that prophecie psal. . . relating unto islands ) which had the fist christian king [s] lucius , and first most renouned christian emperor , constantine the great , borne and crowned in it ; and many pious , devout and religious princes since , of ancient and later times , by whose bounty , care , zeale ; religion●nd learning were advanced , continued and propagated amongst us , and are now likely to expire with our monarchy , for want of protection , maintenan●e , encouragement , and punishment of atheisme , heresy , blasphemy and prophanenesse , and defra●ding ministers both of their tythes and promised augmentations , eating them out with tax● , & turning them out of their livings and livelihood , by arbitrary committees against law and justice , upon the bare suggestions of every malicious sectary , or tythe-declaiming prosecutor . upon which grou●ds christians under the gospell are in the first place enjoyned to make prayers , intercessions and thanks-givings for kings that under them th●y may live a peaceable life in all godlinesse and honesty : for this is good and acceptabl in the sight of god our saviour ( therefore ●●●bolish kings is sinfull and displeasing in his ●ight , and contr●● to his reavealed will ) . tim. . . . to submit to kings as unto the supreme , and honour them for the lords sake ; for so it is the will of god . . pet. . . . to bee subject to principalities and powers . tit. . . rom. . . which scriptures must bee raised out of the bible as apocr●phall , if wee will extirpate kings and monarchy out of the realme and christian world , ●s some now endeavour : the attempting whereof must needes bee an high affront to christ himselfe , which robs him of one of his most glorious gospell titles , king of kings , and lord of lords . . tim. . rev. . . c. . ad to this , that the scripture relates it a great honour and prosperity to a nation to become a kingdom . ezech. . . and a great judgement , misery , and dishonour to bee un-kingdomed , or made a base , or no kingdome . ier. . . c. . . &c. ezech. . . dan. . hosea . dan. . . that the church of christ , the gospell , and heaven it selfe are alwaies and [t] very frequently stiled a kingdom , never a state or republique ( in contradiction to a kingdome ) throughout the old and new testament . that the highest honour christ hath purchased for us with his most precious blood is to make us kings to god his father : to admit us into his kingdome of grace here , and of glory hereafter , where we shall reigne as kings for ever . rev. . . . c. . . lu. . . . thess. . . . tim. . . and that the kingdomes only ( not states and republ●ques ) of the earth are prophecied and promised to become the kingdoms of the lord , and of his christ . ps. . . rev. . . obad. . upon all which consider●t●ons , we can never subscrib● to the extir●●●ion of our kingly government , or translating our a●cientest kingdome into the puniest republique in the world for ●●are wee lose gods protect●on of and interest , reigne , presence by his o●dinances in our kingdome , and be for ever excluded ou● of his kingdomes of grace , glory , and from reigning as kings in eith●r of them , which the prescribers and subscribers of this oath and engagement ( who usurpe upon gods speciall prerogative to dispose of the kingdomes of the earth at his own pleasure . da. . . ie. . . . ) ●gainst so many oaths , covenants , reasons , scriptures , have cause to feare and expect . elev●nthly , 〈◊〉 are perswad●d in our consciences , that the change of our rig●●full king into many new selfe created states , our kingdome into a common-wealth , and ancient parliaments of king , lords and commons into a new representative of commons alone without king or lords , the principall designe of this new oath and engagement , against so many oaths , lawes , and e●gagements of former & later times inviolably to preserve them with our lives , estates , & last drop of our bloods , and that by the far lesser part of the kingdome and house of commons , against the wills and protestations of the major part who are most co●cerned therein , and without hearing their reasons and objections to the contrary , or convincing them of the necessitie or conveniency thereof by a free hearing and debate thereof , in a full and free parliament specially conv●ned for that purpose ; is not only a most u●j●st , illegall and tyrannicall act , contrary to the lawes of god , nature and the realme , a great scandall to our religion , and injury and dishonour to our whol english nation , not to be presidented in any age , especially by so great pretend●rs to publique liberty ; but likewise an undertaking of such dangerous consequence , as none endowed with right reason , the feare of god . or any reall love to their country , durst once for to attempt , as is clear to us by these particulars . . it will involve us in perpetuall warres and troubles so long as there are any of the blood royall who have title to the crowne , or any of the nobility endowed with any sparkes of honour left alive ; who will never desist from attempting the recovery of their lost rights and priviledges . . it will sever the united kingdoms of scotland and ireland from , and engage them and all the kings forraigne friends and allyes against us ; and necessitate us to mainta●n a perpetuall army and garrisons by land , and navy by sea ; which will undoe us , with contribution , excise , free-quarter ; expose us to perpetuall murthers , robberie , outrages , tumults , opprssions , discontents ; decrease and decay all trading , and end in our absolute slaverie , miserie , ruine . . it will nece●ssiate our new governours , after the sale of the kings and deanes and chapters lands , to help ease the people ( for a time only ) and support their army and navy , to seiz● and sell the lands of all corporations , companies , colledges , hospitalls , schooles , and rectories of churches in the kingdome ( a thing already projected by some ) and to find out some device or other to make new delinquents of purpose to sequester and confiscate their estates , till the whole kingdome be sequestred & made malignants to help pay the soldiers : one ●eared designe of this new oath and engagement against those who out of grounds of conscience , law and solid prudence , refuse to subscribe it , . it will dissolve all our ancient l●agues with forraigne kingdomes and states , made only with our king and kingdome , and by the law of nations give them advantage and occasion to seize our ships , merchants , merchand●ze without breach of league , in the behalfe of the king and those who stand for the kingdomes continuanc● , with whom only the leagues were made and stand firme against others who oppose them . . it will lose our interest , honour and reputation in and withall other kingdomes or states , who will refuse to owne or treat with us a state , thus forcibly and treasonably erected ; o● else treat with us , as the puniest and meanest state in the world , whose agents and publique ministers must give place to those of all kings , princes and other states ●hatsoeve● which are ancient●● then it , ●ver by the [v] law of nations and resolution of all heraulds ; which the generosity of the english nation ( the ancientst and first christian kingdome in the christian world [x] claiming preceedency of all other kingdomes in generall councells add assemblies heretofore ) will hardly brooke . . it will null ▪ dissolve and extinguish all the corporations , tenures , ancient customes , rents , services , courts of justice , ancient seal●s , processe , writs , legall proceedings , charters , liberties , customes , forfeitures u●pon penall lawes , titles of honout that are either hereditary or during life , and currant coynes of the kingdome ; which being derived only the kings and ancient parliaments of england for them , their heires and succ●ssors , or reserved to them , their heires and successors , and none others , and be●ring their stamp and image on them ; must all fall , expire and vanish together with them , as the house falls all to pieces when the foundation is subverted ; the r●vers quite fule when the springs from whence they flow , the ●ffects c●ase when the cause is destroyed , and the derivatives expire and vanish quite away when the primitives are abolished : and what confusions and mischiefes will ensue , let the world judge . . if wee shall once give way that our kings , kingdome , p●ers , and parliaments ; setled , established , secured and fenced with so long prescriptions , lawes , oathes , covenants , engagements and securities of all sorts that humane wisdome can invent , shall be thus overturned , destroyed , dissipated , annihilated in a moment , at the wills and lusts of our present usurpers , against all their solemne oaths , covenants and protestations not to doe it ; wee cannot but imagine , conceive and believe , that every particular persons estate , goods , life , liberties and enjoyments in the kingdome not halfe so well established and fenced as they , can be secure or exempt from their violenc & r●pine but subject to their lawlesse wills , courts , acts , seizures & disposals , to deprive us of them at their pleasures ; which will render us the miserablest & slavishest people under heaven , instead of a free republick ; of which the late illegall proceedings in martiall arbitrary courts and committees against the beheaded king , lords and others , with their late imposed arbitrary taxes , excises , acts for new treasons , and this very oath and engagement give us undeniable experiments . upon which , and sundry other weighty considerations , we are peremptorily resolved , by the grace and assistance of our omnipotent god , rather to endure ten thousand sequestrations , imprisonments , deaths ; then to betray our king , kingdomes , parliaments , lawes , liberties , religion , all our earthly comforts , wound our consciences , damn our immortall souls by our submission or subscription to this irreligious , flagitious , pernicious , scandalous , illegall , irrationall , unconscionable , treasonable new oath and engagement ; and adhere to the death constantly and sincerely to our former oathes , covenants and engagements , which they diametrically oppose , maugre any humane powers or forces whatsoever . to close up all wee heartily wish all perjured prescribers of this new oath and engagement ( especially apostate assembly-men , d●vines and lawyers , who contrary to their former oathes , covenants , pretestations and subscriptions ) have subscribed this new oath , conscienciously and sadly to consider and peruse : levit. . . psal. . . . . iosh. . . . . sam. . . & king. . . . c. . . . . chron. . . . & n●h. . . ier. . . to . ezech. . . to . zech. . . to . . mal. . rom. . . . . tim. . . to . dr. beards theatre of god judgements l. . c. ▪ . of perjurers divine punishments ( especially the example of rodulph . p. . with another of that nature p. . and the example of that perjured usurper of the crowne , against his oath , king herauld math. west . an. . p. . . with the sad st●ri●s of archbishop cranmers tortures of conscience , and mr. bilneys for subscribing against their consciences to save their lives , in mr. fox his monuments : and then they will eyther with peter , after he had abjured his lord and master with an oath , goe forth and weep bitterly , if they have any sparkes of grace or hopes of salvation remaining in them ; or else with treacherous iudas , who betrayed his lord and master to gratifie the high-priests , goe out despairing , and hang themselves to avoid the shame of the world , and anguish of their tormenting consciences . a quaere touching an english monarchy , and a low-country free-state ; which of them is the freest , and most to bee desired . an english monarchie , is a most honorable free government by an hereditary king according to the lawes of the kingdome , supplyed only ( without any standing army , garrisons , free-quarter , excise , or monethly contributions , by a bare ordinance of a few commons ) with a subsidy or two , in divers yeares , freely granted by the laity and clergy in full parliament by distinct acts of parliament . a low-country free-state , is an ignoble servitude under the militarie command of many selfe-created new states , erected and supported by the meere power of a standing army , constant garrisons , citadels , accompanied with perpetuall monethly contributions , taxes , excises , and free-quarter imposed on the clergy & laity by these new states alone , without common consent or act of parliament , and augmented and disposed of at their owne will and pleasures . utrum horum mavis , accipe . finis . notes, typically marginal, from the original text notes for div a e- levit. . . deut. . . ier. . . c . . ezech. . . to . zech. . . . mal. . . math. . . rom. . . . . tim. . . . [b] . iac c . . . iacobi . . . [c] a plea for the lords . [d] votes of octob. . . . [e] h. c. . & all act● of the subsi●ies granted by the ●●aity or clergy in their reignes [f] exact . collections p. . . . [g] exact collection . p . . . [h] psal a rom ● [i] ●sal . . psal. . . psal. ● ●● . [k] psalm prov luke . [l] psal ▪ . psal. . psal . ps ps . ps . . ps ▪ tim. . [m] seld●ns titles of honor part . . c . . . [n] acknowledged by m. pym . himselfe and the house of commons canterburie's doome p. exact coll●ctions p . [o] iac c. . . iacobi c. . . . [p] exact collection . p. . [q] mr. st. ioans argument at law . [r] condemn●d in the petion of right . caroli . * exact collection p . 〈◊〉 . . . . . . . . . . . a collection , &c. p. worthy o●● serious consideration . * exact collection . p . a collection &c. p. . to . . . . [s] math. west . an . . speed , godwin , spelman , usher , de eccles. ●rit. primordijs . [t] psal. . . . isay dan. . . c. . . math. . . c. . c. . . c . . c. . . c. . . lu. . . c. . . . cor. . . col. . . . tim. . jam. . . . pe. . . rav ▪ . . [v] cassanaeus catalogus gloriae mundi hist. of the cou●c●ll of trens [x] seld●ns titles of hon part . . ch. . his majesties royal letter to his privy council of scotland, concerning his indulgence scotland. sovereign ( - : james vii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties royal letter to his privy council of scotland, concerning his indulgence scotland. sovereign ( - : james vii) james ii, king of england, - . sheet ([ ] p.) printed at holy-rood-house, by james watson, [printer to his most sacred majesties royal family and houshould, edinburgh : ] advising the privy council that no presbyterian be allowed to preach except with the council's permission, but that with such permission the oath of supremacy and allegiance is no longer required. at end of text: given at our court at whitehall the thirty one day of march . and of our reign the third year. by his majesties comman. melfort. reproduction of the original in the aberdeen university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng loyalty oaths -- scotland -- early works to . oaths -- scotland -- early works to . presbyterian church -- scotland -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties royal letter to his privy council of scotland , concerning his indulgence . james r. right trusty and right wel-beloved cousin and counsell right trusty and right wel-beloved counsellors , right trusty and entirely beloved cousins and counsellors , right trusty and right wel-beloved cousins and counsellors , right trusty and wel-beloved cousins and counsellors , right trusty and wel-beloved cousins and counsellors , right trusty and wel-beloved counsellors , and trusty and wel-beloved . counsellors . we greet you well . whereas by our letter of the first 〈◊〉 of this instant , amongst other things , we did recommand to you , to take care , that any of the presbyterians , sho●●… not be allowed to preach , but such only , as should have y●… allowance for the same ; and that they , at receiving the ●…dulgence therein mentioned , should take the oath contain●… our proclaimation , bearing date , the twelfth day of february last past : these are there to let you know , that thereby we mean't such of them as did not formerly take the test ●…y other oath ; but if nevertheless , the presbyterian preachers does scruple to take the oath , or any other oath whatsoever , and that you shall find it reasonable or fit to grant th●… our indulgence , so as they desire it upon these terms : it is now our will and pleasure , we do hereby authorize and require you , to grant them , or any of them our said indulg●… without being oblieged to take , or swear the oath in our said proclaimation mentioned , of other oath whatsoever , with power unto them , or any of them respectively , to enjoy the be of the said indulgence , ( during our pleasure only , ) or so long as you shall find that they be themselves regularly and peaceably , without giving any cause of offence to us , or any in au●●● rity and trust under us in our government : ) for doing whereof , these presents shall be to 〈◊〉 and them , and all others respectively , who may be therein respectively any way concerned sufficient warrant . and so we bid you heartily farewel . given at our court at whitehall the thirty one day of march , and of our reign the third year . by his majesties command . melfort . edinburgh , printed at holy-road-house , by james wa●●… some reasons humbly offered to the members of the house of commons, why the bill that is before them, for making people called quakers solemn affirmations in the presence of god, to be as valid and effectual in all courts and legal proceedings as swearing, they being subject to the pains of perjury, in case any of them affirms falsly. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some reasons humbly offered to the members of the house of commons, why the bill that is before them, for making people called quakers solemn affirmations in the presence of god, to be as valid and effectual in all courts and legal proceedings as swearing, they being subject to the pains of perjury, in case any of them affirms falsly. england and wales. parliament. house of commons. sheet ([ ] p.). s.n., [london? : ] imprint suggested by wing. reproduction of original in the friends' library (london, england). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- england -- early works to . quakers -- england. broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion some reasons humbly offered to the members of the house of commons , why the bill that is before them , for making the people called qvakers solemn affirmations in the presence of god , to be as valid and effectual in all courts and legal proceedings as swearing , they being subject to the pains of perjury , in case any of them affirms falsly . i st . because it will be a means for the equal distribution of justice , to and among all their majesties subjects of what perswasion soever , in that none will have advantage over their fellow subjects outward estates , for their differences in matters of conscience . secondly , it will be a means for the impartial discovery of the truth in all cases of controversie , because thereby men of tender consciences , will be made capable of evidencing their knowledge in the matter depending . thirdly , the government will have the same security , and all parties concerned in suites at law , will have the same remedy upon them that evidence without swearing , as upon them that swear . fourthly , it will be a means to facilitate the work of their majesties judges , justices and commissioners , and of bringing controversies and suits to a speedy issue . fifthly , it will most effectually answer and agree with the act , which exempts dissenting protestant subjects from the penalties of certain laws , and with the king's declaration of ease to tender consciences also it is to be considered that this moderation to persons scrupling to , swear , hath had good effect in our neighbouring countries , as above one hundred years experience hath manifested . on the th day of january , . guilliaume de nassou prince of orange and statholder of holland , zealand , &c. with the consent of the governour and council , sent his mandate to the magistrates , commanding ( on behalf of the minists who refused to swear in any case ) that their yea should be accepted and taken instead of an oath , they being subject in case of falsifying the truth to the pains of perjury . in the year , prince maurice son of the former prince , with the consent of the states gave forth a placate or mandate in behalf of the said minists to the same effect , which is observed by all magistrates throughout their whole government to this day ; as appears by the act of state made this present year , . for the raising the hundreth penny in which , in that paragraph relating to the discovery of estates , next unto , the words solemn oath , are these words printed [ as concerning the minists , they shall declare with true words instead of an oath , which shall be holden of the same effect and value as a corporal oath . ] and further it appears by the warrants of assesment made by vertue of the said act , in which the same words in behalf of the minists are again rehearsed . — so that both in respect of raising taxes , carrying on suits , or determining controversies , no difficulties nor obstructions do appear by their not swearing . and we doubt not but if you please upon the consideration of the premises , to consent to the said bill , you will live to see the good effects it will have in this kingdom , and that it will tend to the service of the government , the increase of trade , furtherance of justice and tranquility of the subject . notes, typically marginal, from the original text notes for div a -e g. brant's history of the reformation in the low countries , part . p. , . the oath of every free-man of the city of oxford. oxford (england : city) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing o ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the oath of every free-man of the city of oxford. oxford (england : city) sheet ([ ] p.) printed by leonard lichfield, oxford : . a detailed oath to defend the liberties of the city. reproduction of the original in the bodleian library. eng oaths -- england -- early works to . oxford (england) -- history -- early works to . a r (wing o ). civilwar no the oath of every free-man of the city of oxford. oxford a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion civitas oxon. ss. the oath of every free-man of the city of oxford . you shall sweare that you shall be faithfull and true to our soveraigne lord king _____ and to his heires , and lawfull successors , kings and queenes of this realm of england . you shall be obedient and ready to the major , alldermen , and bayliffes ; ministers , and keepers of this city , ( officers under the king's majesty , ) and to their lawfull commandements . the franchises , liberties , and customes of this city , you shall keep and maintaine to your power ; and in as much as in you is , you shall save this city harmlesse . you shall be partner of all manner of charges touching this city ; as in sommons , contributions , vvatches , taxes , tallages , as another man of the same city is . you shall avow no forraigne goods as your owne , whereby the king may loose his customè . you shall take none apprentice for lesse time then for seven yeares ; and you shall cause him to be enrolled within the first year of his apprentiship , and if he serve you well and truly , so shall you certifie at his out-going . you shall not take nor receive , nor consent to the taking or receipt of any incorporation , or fellowship ; nor of any book , or confirmations of acts , or ordinances for any fellowship ; company , or fraternity within this city , or the franchises , or subur'os of the same ; without the speciall assent , consent , and agreement , of the major , and bayliffes , and of the councell of this city thereunto , first especially had and obtained . you shall know no forraigne marchant in this city , that useth any craft , buying or selling ; but you shall warne the chamberlaines , or else the majors serjeant thereof . you shall not withdraw , purloyne , or withold ; nor consent to the withdrawing , purloyning , or witholding , of any of the charters , vvritings , evidences , escripts , or myniments appertaining , or which of right ought to appertaine to this city ; but you shall do your best endevour to see them brought in and delivered to the use of this city . you shall implead no person of this franchises , and guild , out of this court , if that you may haue right within this court ; neither shall you challeng , claim , or take the priviledge of any other court or courts , in any action , or suite , here commenced , by any person that is free of this guild ; except the same priviledge be allowable by the common lawes of this realm ; and in all things you shall be justified by the major of this city , and his councell , as a true and obedient citizen ought to be . you shall not concent to the decrease of a coffer , called [ dame margaret northen , and cisseley haberfield , ] nor to the decrease of an other coffer under five lockes , without the assent of the major , and of his councell ; and the councell of this city , you shall truly keep . these poynts , and all other touching the franchises , liberties , and customes of this city , or any of them ; you shall keep and maintaine to the uttermost of your power . so god you help . and by the same oath , you shall give mr. major the vvine and spice , when it is asked of you . oxford , printed by leonard lichfield , . a second testimony concerning oaths and swearing in answer to a book entituled the case of the quakers relating to oathes stated by j.s., or, an appendix to a book written in the year in answer to allan smallwood ... wherein is fully cleared the command of christ and practice of the apostles concerning swearing from the corrupt glosses, limited sense and meaning of j.s. / by gervase benson. benson, gervase, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a second testimony concerning oaths and swearing in answer to a book entituled the case of the quakers relating to oathes stated by j.s., or, an appendix to a book written in the year in answer to allan smallwood ... wherein is fully cleared the command of christ and practice of the apostles concerning swearing from the corrupt glosses, limited sense and meaning of j.s. / by gervase benson. benson, gervase, d. . p. s.n.], [london? : reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng j. s. -- case of the quakers relating to oaths. society of friends -- apologetic works. oaths -- religious aspects. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second testimony concerning oaths & swearing ; in answer to a book entituled , the case of the quakers relating to oathes stated by j. s. or an appendix to a book written in the year . in answer to allan smallwood ( d. d. as he stiles himself . ) wherein is fully cleared the command of christ , and practice of the apostles concerning swearing , from the corrupt glosses , limited sense and meaning of j. s. by gervase benson . again , ye have heard that it hath been said of old time , then shalt not forswear thy self , but shalt perform thine oaths to the lord ; but i say unto you , swear not at all , neither by heaven , for it is the throne of god , neither by the earth , &c. but let your yea be yea , and nay nay ; for whatsoever is more then these cometh of evil , mat. . , , . but above all things , my brethren , swear not , neither by heaven , neither by the earth , neither by any other oath ; but let your yea be yea , and your nay nay , lest you fall into condemnation . jam. . . printed in the year . a second testimony concerning oaths & swearing , &c. reader , i having in the year . given forth a true testimony concerning oaths and swearing , and therein cleared the command of christ , mat. . . &c. swear not at all , &c. and the apostle james . jam. . . above all things my brethren swear not , &c. from the corrupt glosses , limited sence and meanings of allan smallwood , &c. as in and by the said testimony , printed in the year aforesaid , doth and may appear , unto which i neither received answer nor reply ; but now of late , viz. in this present year . there came to my hands a book , entituled , the case of the quakers , relating to oaths stated , by one j. s. as it s said , wherein he first hath asserted , sect. . that christians of the highest rank and greatest proficiency , may lawfully in some cases confirm the truth with an oath , and that they so may do , he pretends to prove from the practice and example of the apostle paul , who both knew the mind of christ , and served god in the spirit in the gospel of his son , and yet as j. s. pretends , did frequently confirm what he asserted in such like forms of sacred oathes as these , viz. god is my witness , rom. . . i say the truth in christ , i lye not , my conscience bearing me witness in the holy ghost , rom. . . i call god for a record upon my soul , cor. . . the god and father of our lord jesus christ knows that i lye not , cor. . . together with gal. . . phil. . . thes. . . ye are witnesses and god also ; and that these forms of speech are sacred oaths , is manifest ; aith j. s. from gen. . , . where jacob and laban are said to swear in these form of words . so god is witness between thee and me , &c. to which for answer i say , that these forms of speech used by the apostle , and by jacob and laban , viz. so god is witness between thee and me ; god is my witness , &c. are of themselves ( without the addition of somewhat more , as an outward sign or pledge ) neither oath or swearing , which addition of somewhat more , as an outward sign or pledge , was that which then gave the denomination of an oath or swearing unto the forms of speech formerly used in witness-bearing , before any oath or swearing was ; for it is evident from the practice of the holy men of god , as it is recorded in the scriptures of truth , that there was and is a diversity or difference ( worthy of observation for the better clearing of my affirmation in this particular ) between an oath or swearing and witness-bearing ; and that the holy men of god did put a difference betwixt swearing and witness-bearing , is evident from the scriptures , which will the more clearly appear , if it be observed , that witness-bearing was , and the name of god was used in witness-bearing before any oath or swearing was ; for before the fall there was neither oath or swearing , and yet eve before the fall did in witness-bearing use the name of god , when she in answer to the serpents question , said , yea , god hath said , ye shall not eat , &c. gen. . . and sarah after the fall , and before any sacred oath or swearing was , used the like form of speech as laban did in the place before-mentioned , when she said to abraham , the lord judge between thee and me , gen. . . from which scriptures it is evident , that witness-bearing was before any oath or swearing ; and also , that the name of god was used in witness-bearing before any swearing was ; so that which was before any sacred oath or swearing was of it self , is neither oath or swearing , without the addition of somewhat more as aforesaid . and it is further evident by the scriptures testimony , that the holy men of god in causes where no oath or swearing was required by the law , did in vvitness-bearing call god to witness , and used attestations of the name of god , when they did not swear at all ; as for instances , moses called heaven and earth to record , deut. . . deut. . . job said , my witness is in heaven and my record is on high , job . . and the people of israel speaking to jeremy , said , the lord be witness of truth and faith betwixt us , jer. . . the prophet micha also said , hear all ye people , hearken thou earth and all that therein is , and let the lord god be witness against you , mich. . . and the prophet malachy told the priests and people of jerusalem and judah , that the lord god had been a witness between them and the wife of their youth , mal. . . from all which testimonies it is evident , that the servants of the lord upon urgent occasions , where no oath was required by the law , did in vvitness-bearing call god to vvitness , and used attestations of the name of god in their vvitness-bearing , when they did not swear at all ; and for the further manifesting of that part of my affirmation , viz. that the forms of speech used by jacob and laban , and by the apostle and others , before-mentioned , of themselves , without adding of somewhat more , as an outward sign or pledge , are neither oathes or swearing . it is worthy of observation , that where mention is made of an oath or swearing in the scriptures of truth , there is also mention made of some outward sign or pledge , which was added to the forms of speech by them used , which somewhat more being added , was that which gave the denomination of an oath or swearing to the forms of speech , without which addition of somewhat more then yea and nay , as a sign or pledge , the forms of speech of themselves was neither legal oath or swearing ; as for example , gen. . . to ver . . it is said , come let us make a covenant , i and thou , which may be a witness between thee and me ; then took jacob a stone , and set it up as a pillar ; and jacob said to his brethren , gather stones , and they brought stones , and made a heap ; and laban said , this heap is witness between me and thee , there is no man with us , behold god is witness between me and thee : moreover , laban said to jacob , behold this heap , and behold the pillar , the heap shall be witness , and the pillar shall be witness , and the god of abraham , &c. be judge between us ; but jacob sware by the fear of his father isaac . the like example we find , gen. . . to . gen. . , . where abraham caused his servant to put his hand under his thigh , and to swear , &c. the like we read , gen. . , . where israel call'd his son joseph to put his hand under his thigh , and said , swear unto me , and he sware unto him , &c. from all which examples it is evident , that there was an addition ( of somewhat more as an outward sign or pledge ) to the forms of speech by the men of god used , which was that that gave to the form of words the denomination of an oath or swearing , without which addition of somewhat more , as an outward sign or pledge ; the words , god is witness , &c. of themselves neither were nor are either legal oath or swearing , or so intended , or accepted by the holy men of god , mentioned in the scriptures of truth ; conform hereunto is the daily practice observed in the courts of judicature in this and other nations , when and where any oath or swearing is required in vvitness-bearing ; so that the laying aside of an oath or swearing in vvitness-bearing , is not the destroying of vvitness-bearing , but the reducing it unto its original purity and simplicity , as it was in the beginning , before any oath or swearing was : and now by what is before-said it is evident , that the forms of speech used by laban and jacob in their day , and the forms of speech used by the apostle paul in his day , and now used by the people of god called quakers in their witness-bearing , in and of themselves , neither were nor are any legal oath or swearing , without the addition of somewhat more , as an outward sign or pledge , which addition being more then yea and nay , is therefore in obedience to the command of christ denyed , the original ground or cause thereof in man being evil ; and therefore christians in christ jesus , and in the faith of him , may not do evil , knowing that no good can come to any by doing evil. and for further answer i say , that it is evident from the scriptures testimony , that the apostle paul , as he was made an able minister of the new testament , not of the letter , but of the spirit ; so also he was a witness of those things which he had received of christ , and of the things which he had seen , acts . . and having learned of the spirit of god to put a difference between names and things that differ , and so between an oath or swearing , that was temporary , and might be shaken , and true witness-bearing , which was eternal , and therefore was and is to abide in the house of god forever : and therefore in his testimony for god , and of the truth of what he writ and declared to the churches of christ , in his witness-bearing did ( as the people of god had in all ages done before ) upon occasion of great concern , call god to witness , or appeal to the witness of god in men , concerning the truth of what he writ unto them , or declared among them ; and so by manifestation of the truth , he commended himself to every man's conscience in the sight of god , cor. . . without observing any set form of words , or adding of any outward sign or pledge , whereby it might be distinguished from witness bearing , and known to be an oath ; for how could the apostle , who was dead to the law , by which an oath or swearing in some cases was required , live in the frequent practice of swearing , contrary to the command of christ in the gospel , swear not at all , &c. and yet have the testimony of the spirit of god , that he served god in the spirit , in the gospel of his son , and not in the oldness of the letter ? rom. . . cor. . . for if he had frequently confirmed his sayings with an oath , he had been a common swearer , which would rather have weakened then confirmed his testimony amongst the saints of god , because the saints of god do give little more credit to a common swearer then to a lyar : moreover if the apostle had frequently sworn , then had he not walked according to the rule of the gospel , but according to the law in the letter , because it is evident , that there is no command of christ in the gospel for any man in any case to swear , or to confirm their sayings with an oath ; but on the contrray , an express command of christ , i say unto you , swear not at all : now these things being so , as afore is said , i may conclude , that there being no example , command or precept in the gospel of christ , for any of the disciples of christ jesus to confirm the truth of their sayings with an oath , that therefore no christian in christ jesus is oblieged to swear at all , and that therefore j. s. is blame-worthy in asserting , that the apostle paul did frequently confirm what he asserted with an oath ; and that the quakers do actually swear , even then when they say , they cannot swear . and now i proceed to his second argument , where he saith , arg. . that without the interposition of an oath , it is impossible in many cases , that justice can be administred according to the rule of the gospel ; and he instances in one case for all , exod. . , . if a man deliver to his neighbour an ox , or ass , or sheep to keep , and it dye , or be hurt , or driven away , no man seeing it ; then shall an oath of the lord be between them both , that he hath not put his hand to his neighbours goods , and the owner of it shall accept thereof , and he shall not make it good ; it is the righteous god's will , that justice be administred in this and the like cases ; but in such cases ( saith j. s. ) it cannot be determined according to the evangelical rule , who shall bear the loss , without the interposition of an oath ; for if the man 's bare word be taken for the proof of his innocency , the controversie will be decided by one only witness , directly against christ's precepts , mat. . . that in the mouth of two or three witnesses every word may be established ; therefore ( saith j. s. ) the guiltless party in such cases must in vindication of his innocency take in god to witness with him , that so the matter may be decided by two witnesses at least , &c. for answer to all which i first do say , that j. s. in asserting , that without the interposition of an oath , 't is impossible in such cases , that justice can be administred according to the rule of the gospel , hath not only endeavoured to pervert the rule of the gospel , but also to confound an oath and witness-bearing , intimating by his assertion , as if no true witness ever was or could be born without the interposition of an oath ; the contrary whereof is evident from christ's precept in the place by j. s. mentioned , where christ saith , that by the mouth of two or three witnesses every word is to be established , without any mention of an oath or swearing ; which precept of christ is consonant to that precept of his , mat. . . &c. swear not at all , &c. and that witness bearing was before any oath was , is evident from what is before said in answer to his first argument , and was also used by the holy men of god in all ages , without the interposition of an oath , save only in such cases where an oath was required by the law or first covenant . secondly , i for further answer say , that as in an oath under the law , the lord was called to witness with the innocent party ; so under the gospel , in witness-bearing the name of god , or god himself is called to witness , as where the apostle paul saith , god is my witness ; i call god for a record upon my soul , &c. by which appeals unto god in witness-bearing ( without an oath ) the power and omnisciency of almighty god is acknowledged , in discerning whether truth be spoken , and in punishing them that bear false witness , as much as under the law in cases where an oath was required ; and the lyar is excluded the kingdom of heaven as well as the false swearer : so that according to christ's precept , by the mouth of two or three witnesses every word and every ca●e may be established under the gospel , without any obstructing of justice , or patronizing of injustice ; and yet in such case the party's bare word is not taken , nor his witness , being true , single ; for as the apostle said , rom. . . the spirit it self ( which is the greater witness ) beareth witness with man's spirit ; and so god is vvitness for the innocent party , and with him , and hath a witness for him in mens consciences ; and therefore swearing or the interposition of an ●ath in such cases , is so far from being a necessary duty under the gospel , as it amounteth to be a transgression of the law of christ to all ●is disciples , mat. . . but i say unto you , swear not at all , &c. and now i proceed to his third argument , wherein he asserts , arg. . that the spirit of christ in the old testament in the prophets , did commend swearing by god , as that which was to be the practice of his elect servants in the christian church , after his rejection of the jews , and chusing the gentiles , &c. and for the proof of his assumption he quotes isa . . and ye shall leave your name for a curse to my chosen that is ( saith j. s. ) the people that god shall chuse from among the gentiles , shall use your name ( the name of a jew ) in execration , when they have a mind to denounce a curse , &c. paralel ( saith j. s. ) to that of jer. . . of them shall be taken up a curse by all the captivity of judah ; &c. saying , the lord make thee like ahab and zedekiah ( two false prophets ) he that blesseth himself in the earth , shall bless himself in the god of truth , and he that sweareth in the earth , shall swear by the god of truth , &c. answer , first , i do deny his assumption , that the spirit of the lord did so commend swearing as a practice to continue in the christian church amongst christ's disciples , jews or gentiles . secondly , i say , that the scriptures by j. s. quoted do no more prove swearing then cursing , to be lawful under the gospel , which for j. s. or any other to affirm , is to preach another doctrine then christ and his apostles preached , as is evident from mat. . , . where christ said , that it hath been said , thou shalt love thy neighbour , and hate thine enemy ; but i say unto you , love your enemies , bless them that curse you . and the apostle paul , rom. . . saith , bless them that persecute you , bless and curse not . luke . . bless them that curse you , and pray for them that despightfully use you . and christ saith , mat. . . &c. but i say unto you , swear not at all . and the apostle , jam. . . saith ; above all things my brethren swear not , &c. so that j. s. having transgressed the doctrine of christ , and brought another doctrine , is not to be received , neither bid god speed , according to john . . and j. s. his error and false conclusion is further apparent , in that he restraineth that to the nature of the worship of god , which is spiritual and eternal , unto the act or performance , which at the time of giving forth of that prophecy , was ( with respect to those external shadowy things ) by nature temporary and changeable ; for many of the prophecies were given forth by figurative and dark shadows of christ , who was and is the substance ; and therefore by blessing and swearing under the law , was meant ( as they had reference to the gospel-times ) the praising god , confessing to him , and worshipping him in spirit and in truth , according to the gospel of his son , viz. in newness of the spirit , and not in the oldness of the letter . and as to that scripture , jer. . . it is evident from the text it self , that it was the people of the captivity of judah ( and not the gentile-converts ) that were captives in babel , that were to take up that curse , after their return , against ahab and zedekiah , which had prophesied lyes unto them in the name of the lord ; therefore let j. s. beware : so that from these two texts of scripture there is no ground for any of the disciples of christ to swear by the god of truth , contrary to the command of christ , who is their only law-giver in matters of faith and worship ; for in christ , the great prophet , all signs prophecies and miracles were to meet , and be by him dispensed according to the will of god. and now i proceed to j. s' s fourth argument , which is as he saith , arg. . that that which the spirit of christ , that was in the prophets , foretold should be done in the time of the gospel by the lord's people , as an evidence of their conversion to the lord , may lawfully be done by christians : but the spirit of christ ( saith j. s. ) which was in the prophets foretold , that in the times of the gospel the lord's people should swear by his name , as an evidence of their conversion to the lord ; therefore ( saith j. s. ) a christian may lawfully swear by the lord's name . to which for answer i say , that j. s. in affirming that the spirit of christ in the prophets foretold , that in the times of the gospel the lord's people should swear by his name , as an evidence of their conversion to the lord , hath in so affirming opposed the doctrine of the apostles and ministers of christ , and in so doing hath manifested himself to be no minister of the spirit of christ , nor of the gospel ; for its evident , that the apostles and ministers of christ , who were able ministers of the new testament , not of the letter , but of the spirit , did testifie , that whosoever should call on the name of the lord , should be saved , acts . . and the end of their care & pains in preaching & writing was , that people ( whether jews or gentiles ) should believe that jesus is the christ , the son of god , and that in believing ( and not by swearing ) they might have life through his name , john . . and the apostle paul testified , that he that confesseth with his mouth the lord jesus , and shall believe in his heart that god raised him from the dead , shall be saved ; for with the heart man believeth unto righteousness , and with the tongue confesseth unto salvation , rom. . , , , . and when the eunuch asked philip , what hindered him to be baptized ; philip said unto him , if thou believest with all thy heart , thou mayest ; and the eunuch answered and said ( but did not swear ) i believe that jesus christ is the son of god ; and thereupon philip did baptize him , acts . , , . and when the keeper of the prison said unto paul and sylas , sirs , what shall i do to be saved ? they said , believe on the lord jesus christ , and thou shalt be saved and thy house , acts . , . so that the eunuch and the keeper of the prison confessing their belief in christ the son of god , was all the outward evidence that the apostles required of their conversion unto god. and peter said , acts . . that unto christ all the prophets did bear witness , that through his name all that believe ( mark , it is not said , all that swear ) shall receive remission of sins . and those that were pricked in their hearts when they heard peter's sermon , said unto peter and the rest of the apostles , men and brethren , what shall we do ? to whom peter answering said , repent , and be baptized every one of you in the name of jesus christ , for the remission of sins , and ye shall receive the gift of the holy ghost , acts. . . and acts . , . it is said , that the apostle preached through the name of christ the forgiveness of sins , and that by him all that believe are justified from all things , from which they could not be justified by the law of moses . so that although by the law of moses those who were under it ( and in cases where an oath was by the law required ) could not be freed from an oath ; yet by the law of christ , and the power of the endless life , heb. . . all the disciples of christ are freed and justified by christ from all oathes and swearing under the gospel : and by confessing christ to be the son of god , and believing in him , we receive christ , and by receiving of him , he dwelleth in us , and we in him , in whom god is well pleased to accept of us , and in whom , after that we believe , we are sealed with the spirit of promise , which is the evidence and earnest of our inheritance , according to ephes. . , , . without any oath or swearing : so that we have a cloud of witnesse ; that the apostles and ministers of christ did not require of any converts , jew or gentile , any oath or swearing , as an evidence of their conversion unto god ; but that they should confess that jesus christ was the son of god , and repent and believe the gospel , and thereupon ( without any oath or swearing ) they were baptized , and received the promise of god , which is the holy ghost : now these things being so , i do therefore deny j. s. his assumption and conclusion . but j. s. further saith , that the lord sware by himself , &c. that unto him every knee shall bow , and every tongue shall swear , isa. . . and also saith , that this prophecy is to receive its accomplishment in gospel tim●s , and that swearing to the lord is here prophesied of , as that divine service and homage , by the performing whereof gentile - converts were to declare their owning of , and conversion to the true god , &c. and for further proof ( as he saith ) he quotes isa. . . &c. in that day shall five cities of the land of egypt speak the language of canaan , and swear to the lord of hosts ; there shall be an altar to the lord in the midst of the land of egypt , and a pillar to the lord at the borders thereof , and it shall be for a sign and for a witness unto the lord of hosts in the land of egypt ; for they shall cry unto the lord , and he shall send them a saviour ; and the lord shall be known unto egypt , and the egyptians shall know the lord in that day , and shall do sacr●fice and oblation ; yea , they shall vow a vow unto the lord , and perform it , and he shall be entreated of them , and shall heal them , &c. for answer to all which i say , that the carnal man , as the carnal jew , looks for the fulfilling of the letter , but the spiritual man looks for the spirit ; for the christians laws and priviledges under the gospel are all spiritual , and so are their ordinances ; now j. s. being carnally-minded , cannot discern the things of the spirit , because they are spiritually discerned , cor. . . but instead of distinguishing aright between the ordinances under the law and the ordinances under the gospel , between an oath and vvitness-bearing , hath confounded them together ; and though he read moses and the prophets , yet it is evident by his assirmations aforesaid , that he knoweth not the voice of god that spoke in the prophets , no more then those mentioned acts . . and being unlearned in the school of christ , hath rendered the prophets words literally , which the apostle paul , who was a minister of the spirit , renders spiritually , as is evident from rom. . , . as i live , saith the lord , every knee shall bow to me , and every tongue shall confess to god , and phil. , . it is said , that at the name of jesus every knee shall bow , both of things in heaven , and things in earth , and things under the earth , and that every tongue shall confess ( mark , it is not said swear ) that jesus christ is the lord , to the glory of god the father . from which scriptures it is evident , that as that promise or prophecy , isa , . . had relation to gospel . times , so it had relation to gospel . worship , which is in newness of spirit , by confessing to god and christ , and by believing in christ , and not by swearing , according to the oldness of the letter , which doth further appear from christ's own words , mat. . . but i say unto you , whosoever shall confess me before men , him will i confess before my heavenly father ; so also rom. . , . so that it is evident , that confession under the gospel is answerable to swearing under the law ; for by confessing to god , and appealing to him in witness . bearing , his power and omniscience is as much acknowledged , in discerning whether truth be spoken in witness-bearing under the gospel , as it was under the law by wearing , for though the form which was shadowy changed , yet the worship it self , which was the substance , remaineth ; and therefore if times and dispensations be rightly discerned , the scriptures of the old and new testament do agree . and as for that text of scripture quoted by j. s. out of isa. . . in that day shall five cities in the land of egypt speak the language of canaan , and swear , &c. answer , this scripture hath not reference to all the people of the gentiles , as is evident from the words themselves , which only speaks of five cities in egypt , whereas the gentiles inhabited many nations ; neither doth it altogether relate to gospel-times , when the whole people , called the gentiles were to be received as the people of god , but is rather a prophecy of the joyning of the people that inhabited those cities in egypt unto the jews , and owning of their worship , by speaking their language , by swearing to the lord of hosts , and bringing their sacrifices to the altar of the lord , after the manner of the jews , who bef●re were strangers to the vvorship of the true god , and that by so doing , it should be a sign and a vvitness unto the lord of hosts of their conversion unto him ; for these prophecies had a double intendment and accomplishment , viz. one in the material temple , under the first covenant , another in the spiritual temple , the church under the gospel or new-covenant ; for it is evident , that before the coming of the messiah , there was an association of some of the gentiles unto the church of the jews ; for after the rebuilding of the temple , and before the death of christ , there was a number of proselites out of divers nations , both for that by reason of the many dispersions of the jews in the captivity , and their commerce with other nations , their customs and religion were more commonly known , and because these times were to be as a preparative to the general calling of the gentiles : it is also evident , that upon the good escape of the jews in babylon , many turned to their religion ; and the scriptures shew to us several examples , esther . . acts . . mat. . . yea , the pharisees took pride in converting others to judaism ; so that these prophecies did not only imply a general conversion of the gentiles simply , so as to exclude the particular in the mean time. therefore as the prophesies aforesaid had a double meaning , so also they had a double accomplishment , the one in the material temple under the law , during which dispensation , he that blessed himself in the earth , should bless himself in the god of truth ; and he that did swear in the earth , should swear by the god of truth ; under which dispensation there was also an altar , sacrifices and oblations , &c. the other in the spiritual temple , the church under the gospel , under which the true worshippers do worship the father in spirit and truth , john . . by praising god in the spirit , and confessing unto his name , believing in christ jesus , & witnessing the truth according to christ's command , let your yea be yea , and nay nay ; for when these prophecies were given sorth , the gospel-worship was not then fully revealed ; see pet. , . and therefore as the prophecies had relation to the time before christ's sufferings , th●y had then relation to the worship which was then required and practised under the law ; but when the law was changed , there was then also a change of those external rites and shadowy things , viz. cursing , swearing , altars , sacrifices , oblations , &c. which were not of the essence and substance of the true worship of god , although the true worship of god changed not ; and it is evident dan. . . , where it is said , that the messiah shall confirm the covenant with many for one week , and in the midst of the week he shall cause the sacrifices and the oblations to cease ; for in christ all signs had their accomplishment ; for the apostle saith , signs are not for them that believe , but for them that believe not , cor. ● . . so that j. s. from these prophecies might as well conclude , that christians in gospel-times ought to have altars , offer sacrifices and oblations , as the jews had and did under the law , as that christians may lawfully swear ; but christians in christ jesus do believe and know , that those sacrifices in which there is a remembrance again of sins , the lord under the new testament hath not required , and that in burnt-offerings and sacrifices for sia the lord hath no pleasure ; for all those ca●nal ordinances were imposed ( as saith the apostle ) only until the time of reformation ; see heb. . . heb. . , , &c. so that we having a positive command from jesus christ , viz. swear not at all , &c , mat. ● . . and that from the mouth of two or three witnesses every word is to be established ; and there being no command from jesus christ , the mediator of the new testament , who is the christians only law giver , law-maker and prince , in matters of faith and worship , we are not bound as christians to the observation of any command that comes either from moses or any other , that is not our law-maker and master ; and it is observable , that one of the most solemn laws contained in the two tables , viz. that which ordained the seaventh day to be kept holy day , unto which is adjoyned an unchangeable reason , namely , because god rested that day , when he had made the visible world ; yet this law is annulled and abrogated amongst all christians , even from the beginning of christianity , for want of ratification of it from our lord and master jesus christ , who is our law-maker and prince : and therefore christians in christ jesus , and in the faith of him , having no command or example from christ to swear in any case , i do conclude , that swearing in the time of the gospel is no evidence of the conversion of 〈◊〉 people unto god , neither is swearing by the lord of hosts that pure language and undefiled religion , which was at the first revealed unto adam in paradice ; for it is evident , that swearing hath defiled many , but pure religion and true witness-bearing never did defile any : but how should a better account of divine mysteries be expected from j. s. that knows so little of them , as his writings do plainly shew : and now i proceed to his th and last argument in the first section of his said book . arg. . that the holyest christian may lawfully and laudably do that , which by the spirit of christ , that spoke in the prophets , hath made the doing thereof in gospel-times the condition of god's accepting them for his people : but the spirit of christ ( saith j. s. ) in the prophets hath made mens learning to swear by his name such a condition , as upon the fulfilling thereof , he will number men among his disciples , account them his people that do , and root out and utterly destroy them that do not learn to swear by his name ; therefore ( saith j. s. ) the holyest christian may lawfully swear by god's name : and for proof of his said assertion he quotes jer. . . and it shall come to pass , that if they will diligently learn the wayes of my people , to swear by my name , the lord liveth , as they taught my people to swear by baal , then shall they be built in the midst of my people ; but if they will not obey , i will utterly pluck up and destroy that nation , saith the lor● : and j. s. further saith , that this prophecy relates to the time of the gospel , for it is directed to the gentiles . to which for answer i say , that the lord under the first testament , when the church multiplyed unto a nation , and by continuance among the idolatrous egyptians , grew corrupt in religion and manners , the lord instituted divers and sundry carnal rites and ceremonies , which were shadows of good things then to come , to continue until the time of reformation , heb. . . to ver . ● . and amongst others an oath or swearing was added to witness-bearing , which they had transgressed , as it 's written , the law was added because of transgression , until the seed cam , gal. . . and therefore during the first testament , in which time this prophecy was given forth , the vvorship of god being then accompanyed with those carnal rites , was by those carnal rites often called , not that swearing or any other carnal rite of themselves were the worship of god , but as they were joyned and accompanyed with that which was the worship of god , or to that in and by which god was purely worshipped , before those carnal rites were added for a time only ; for it 's evident , that before the fall the lord was purely worshipped without the use of any carnal rite or figure ; and therefore although swearing be only mentioned in that prophecy , yet it was but so mentioned or put for an example , and not so to be understood , as that swearing , being of it self but a carnal rite or command , did include or exclude all other acts of the worship of god , or that by swearing only , without the observing the essential part or acts of god's worship , the lord would account the gentile-converts for his people , and number them amongst his disciples ; which thing being rightly considered , will make way for the better understanding of those prophecies before mentioned ; and the time being considered when they were given forth , and the occasion of giving them forth , will much conduce to the discovery of the mind of the lord concerning the fulfilling of them : now it 's evident from jer. . . that swearing by the lord was not all that was intended by the lord for the gentiles to obey him in , but is only put for an example or an instance , as is implyed in the words going before , viz. if they will diligently learn the wayes of my people ; for the wayes and worship of god's people then was not swearing only ; for the lord had given his people israel many other precepts , unto all which he had required their obedience , as well as swearing by his name , which was but required in some cases only , and not generally in all cases , and at all times , as the essential worship of god was ; so that swearing by the name of the lord was not the only condition . as upon fu●filling thereof , the lord would number them amongst his people ; and it doth also appear by that part of the promise annexed to the performance of the condition , viz. then shall they be built in the midst of my people ; what people ? answer , the people of the jews after their return out of egypt and babylon , where they ( when the prophecy was given forth ) were captives : and it is also evident from jer. . & zach. . , . that this prophecy was given forth by vvay of consolation to the afflicted estate of the jews , and that upon a three-fold consideration , viz. . in that the lord promised to bring them out of their captivity . . in that he promised his special presence and abode with them , zech. . . and . in that many forreiners of other nations round about should be won over to joyn with them , zech. . . and many nations shall be joyned unto the lord in that day ; in what day ? answer , doubtless in that day when the lord should return them out of their captivity , and that they had rebuilded the temple , and that all things were established until christ's death ; for the text speaks not simply of the nations , but many nations , not implying a general conversion of the gentiles ; for if it should be understood only of the general conversion of the gentiles ( as j. s. supposeth ) to the gospel , then how could this make for the present comfort of the jews , who were alwayes stiff in the maintenance of moses's rites and ceremonies ; all which ( as well as swearing ) with the temple and state of the jews , were to be taken away by christ at the general conversion of the gentiles ; for ( as before hath been said ) it is evident , that before the coming of the messiah , there was an association of many gentiles unto the church of the jews , as may appear in my answer to the fourth argument : so that this prophecy did not only ( if at all ) relate to the general conversion of the gentiles in gospel times , so as to exclude the particular in the mean time ; for the prophecy relating to the present comfort of the jews , must have relation to the material temple , according to god's promise , zech . . &c. that they should have aid in the building of the material temple from strangers afar of , partly by the gentiles that were converts , and joyned with the jews in their religion , and partly by their brethren that resided in babylon ; for it 's said , zech. . , . that many nations shall be joyned to the lord in that day , and shall be the lord's people , and that the lord would dwell in the midst of them , and the lord shall inherit judah his portion in the holy land , and shall chuse jerusalem again ; which was accomplished , at the least in part , when the material temple was rebuilded , and the city of jerusalem ; and if the prophecy had any relation to the spiritual temple , the church under the gospel , when all both near and far off , both jew and gentile came together , as living stones to build the temple , whereof christ was the foundation , and his ordinances were the vvorship then , and so far forth the prophecy must have relation unto gospel-ordinances , and not to swearing or any other carnal rite , which were but shadows of the good things that then were to come , which being come , the carnal ordinances and rites were by god's ordination to cease : so that notwithstanding j. s's affirmation aforesaid , it both was and is not only possible , but reasonable , that this prophecy should have relation to the time before christ's death , in reference to the accomplishment thereof , as aforesaid , there being , as it is said , years between the return of the jews out of babylon after the captivity , and the death of christ ; for it 's written , the lord was never slack in performing his promises , in no age leaving himself without witness : and therefore although swearing by the name of god was mentioned , it being then a carnal ordinance or rite , annexed to the vvorship of god under the first testament , until the time of reformation , by vvay of example , not that the whole vvorship of god , under the first testament , consisted in swearing , but is there put only for an example , the rest of the vvorship and service of the lord under that testament being intended , yet it doth not follow , that swearing or any other carnal ordinance was to be in gospel-times only , or any condition , by the observing or performing of which the gentiles were to be ingrafted into christ ; for the law being changed , there was also a change of those conditions required by the law ; for the law gave life upon condition of perfect obedience in all things ; the gospel gives life upon condition of repentance and believing in christ jesus , who saith , swear not at all , &c. and therefore j s. his affirming ( that except swearing be added to the worship of god under the gospel , all other wayes of confessing and worshipping the true god , all other acts of invocation of god , are not serious enough to put people in a capacity of finding acceptance with the lord , or accepting of them as sincere disciples , or ingrafting them into the evangelical church ) which his affirmation is so contrary to the doctrine of christ and of his apostles and ministers , as that i do believe , that j. s. is the first that ever adventured upon such an erroneous assertion ; for it is manifest , that neither christ jesus or any of his apostles or any ministers of the gospel of christ , ever taught or preached any such doctrine ; but on the contrary taught and preached faith and repentance as the only condition under the gospel to put people in a capacity of finding acceptance with the lord , and being saved , as may appear from these scriptures following with many others , viz. mark . , . where it is said , that jesus came to galilee preaching the gospel of the kingdom of god , and said , the time is fulfilled , and the kingdom of god is at hand , repent and believe the gospel , and john . . christ said unto the jews ( who doutless were swearers ) except that ye believe that i am he , ye shall dye in your sins ; and joh. . , . i'ts said that whosoever believeth in christ shall not perish but have eternal life ; for god so loved the world , that he gave his only begotten son that whosoever believeth in him should not perish but have everlasting life . and paul and silas said to the goaler ( who asked them , saying , sirs what shall i do to be saved ) believe on the lord jesus christ and thou shalt be saved and all thine house , acts . , . see rom. . , to ver . . and acts . , . paul said , be it known unto you men and brethren , that through this man is preached unto you the forgiveness of sins , and by him all that believe are justified from all things , from which ye could not be justified by the law of moses . by which scripture it is evident , that although the gentiles that joyned themselves unto the jews religion before christ's death , could not be exempted from swearing ( in such cases where swearing was required by the law of moses ) yet after christ was come in the flesh , and had given forth that command , swear not at all , &c. not only the gentiles , but the jews also that believed in christ , were by christ jesus , the mediator of the new testament , freed from all swearing , and from all other carnal rites and commands required by the law of moses they were freed after christ's death : now these scriptures being true , it is evident , that swearing by the name of the lord is no condition under the gospel , upon the performance whereof any people , either jew or gentile , were admitted or retained as members of the church of christ under the gospel : and therefore the not learning to swear by the name of god , or refusing to swear at all , doth not all render people under the gospel obnoxious to the dint of god's fearful doom , as j. s. hath presumptuously and erroneously asserted : and now having answered the subject matter in reference to swearing contained in j. s. his five arguments aforesaid . i do conclude , that oathes are no gospel-ordinances , and that therefore christians in christ jesus , and in the faith of him , are not oblieged in witness-bearing now in gospel times , by or from any command or example in the old testament to swear at all , and that christ being their only law-maker and great prophet , whom to hear and obey in all things , god the father hath commanded all men without respect of persons ; it doth follow , that all christ's disciples ought to obey his command , mat. . . &c. but i say unto you , swear not at all , &c. and i do further say , that all that hear the voice of christ , and have his word abiding in them , do witness acceptance in him , ephes. . . without oath or swearing . and all they that are in him that is true , they according to the example of the holy men of god in all ages , and according to the example of the apostle paul ( in matters of great concern ) in witness-bearing do and may call god to witness , or appeal to the witness of god , who searcheth and knows all hearts , concerning the truth of their testimony , that so by the mouth of two or three witnesses every word may be established , according to christ's command , mat. . which appeal to the witness of god simply of it self , without the addition of somewhat more , neither was nor is either any legal oath or swearing , which somewhat more being added to witness-bearing , is that which doth give unto it the denomination of an oath or swearing , as may appear from the examples before-mentioned , and as the daily practice in the courts of judicature do prove : so that if a true difference were put by men ( as the spirit of the lord doth put a difference ) between matters and things that do differ , the scriptures of the old and new testament do agree ; but when and where matters and things that do differ ( as swearing and witness bearing do differ ) are confounded together , as j. s. hath confounded swearing and witness bearing , as if no witness-bearing could be without an oath or swearing ; and the old carnal rites and ordinances , which were temporary , he hath confounded with the ordinances and worship of god under the new-testament , which are spiritual and eternal : and therefore , and for that j. s. hath asserted doctrines and conclusions contrary to the doctrine of christ and his apostles and ministers of the new testament , his doctrines and conclusions are to be rejected by all christ's disciples ; and the doctrines and commands of christ and his apostles and ministers are to be received and obeyed . and as for the matters contained in the second section of his said book , they are fully answer'd in my former testmiony concerning oathes and swearing , &c. printed in the year . and also in a book . entituled , the case of the qnakers concerning oathes defended as evangelical , &c. printed in this present year . and as for the matters contained in j. s's third section of his book aforesaid , they are also fully answer'd in the said book , printed . written forth in the th moneth , . ger. benson . the end . antichristianism reproved, and the doctrine of christ and his apostles justified against swearing in answer to john tombe's six propositions for the lawfulness of swearing : all which propositions are both against christ and his apostles doctrine, as is here proved according to the scriptures ... / by richard hubberthorn. hubberthorn, richard, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) antichristianism reproved, and the doctrine of christ and his apostles justified against swearing in answer to john tombe's six propositions for the lawfulness of swearing : all which propositions are both against christ and his apostles doctrine, as is here proved according to the scriptures ... / by richard hubberthorn. hubberthorn, richard, - . p. [s.n.], london : . reproduction of original in british library. eng tombes, john, ?- . -- serious consideration of the oath of the king's supremacy. oaths -- biblical teaching. oaths -- england. a r (wing h ). civilwar no antichristianism reproved, and the doctrine of christ and his apostles justified against swearing. in answer to john tombe's six proposition hubberthorn, richard c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion antichristianism reproved , and the doctrine of christ and his apostles justified against swearing . in answer to john tombe's six propositions for the lawfulness of swearing : all which propositions are both against christ and his apostles doctrine , as is here proved according to the scriptures : for the satisfaction of all tender consciences . by richard hubberthorn . because of oaths , the land mourns , hos. . and , ( as said the prophet ) everyone that sweareth , shall be cut off , zach. . . london printed , and are to be sold at the sign of the black-spread-eagle , at the west-end of pauls . . the epistle . john tombs , is it not a shame for thee , who art called a baptist , thus to manifest thy sel● , and divide thy self from thy own people ? hast thou not taught people to swear , first one way , and then an●ther ? did ever any of the apostles so in the primitive times ? but on the contrary , that people should not swear at all . and why dost thou bring the scripture that was spoken to the jewes , and apply it to the christians ? and why dost thou bring the scripture where the angel sware , but brings not the scripture which saith , all angels must worship the son who saith , swear not at all ? so is not this like anti-christ , and anti-apostle , that preaches up that which christ and the apostles denyed , as in matth. . and james . and whereas thou saist in thy epistle , that thy writing is short and indigested , in that thou hast said truly ; for how can they that fear god digest it , seeing it is so contrary unto christ and the apo●tles doctrine ? and so both thou and it are become an ill savour to god and them that love him ; but thou shalt be rewarded according to thy work but god hath made thee manifest , who hath so long been hiding thy self under so many false coverings , but now art discov●red , that thou should no more deceive the nation . r. h. an answer to iohn tombs his six propositions , in which he asserts swearing to be lawful . but on the contrary , from the scripture it is proved , that the believers and christians are not to swear at all , therefore to them that are in christ jesus no oath is lawful . we read in the scriptures of truth , mat. . . that whosoever breaketh the least commandmen and teacheth men so he shall be least , ( or not at all ) in the kingdom of god . ) but we do find some men especially john tombs breaking the commands of christ , and teaching men so , therefore he is guilty of that judgement : but to the first proposition which is this . that some swearing is lawful . his proofs are these . that which is not de toto genere , in its whole kind evil , may be lawfull , but swearing is not de toto genere , or in its whole kind evil , therefore some swearing may be lawfull . answ. this argument is thus disproved to break any of christs commands or to deny the apostles doctrine is de toto genere , in its whole kind , but to sweare at all by any oath is to break the command of christ , and to deny the apostles doctrine , as mat. . , , , . and , jam. ● . therefore to swear at all is not lawfull , but evil , according to christ and the apostles doctrine and in the state of condemnation , jam. . again john tombs concluding that his major is manifest of it self , goes . to prove this minor thus . that is not wholly evil about the use of which some directions are given by god ; but god giveth directions about the use of swearing , as ier. . . and thou shalt swear the lord liveth in truth and judgment and in righteousness , ergo answ. by the same argument , may it as well be proved that the christians and believers in christ ; may be circumcised , offer innocence , burnt offerings and sacrifices , because for the use of it god gave some directions , and therefore it is lawfull , but as circumcision , innocence , burnt offerings and sacrifices of the law is ended in christ , so is the oaths which was among the jews in him ended also to the believers , and by him forbidden : for as it was said in old time thou shalt swear , and shalt perform thy oath to the lord ; but christ in the of mat. making mention of the jews oath which god gave once directions for , yet saith he swere not at all ; here christ puts an end not onely to frivolous and vain oaths , but to the true oaths which the jews was once commanded of god to swear , for these oaths are they which christs words hath relation to , for he came to end the jews worships and oathes , who is the oath of god , christ the truth and righteousness of god saith sweare not at all , which ends the jews which was to swear in truth and righteousness . . argument . that which is approved by god is lawful , but some swearing is approved by god , psal. . . every one that sweareth by god shall glory , ergo , answ. that scripture psal. . . saith thus , but the king shall rejoyce in god , every one that sweareth by him shall glory but the mouth of them that speak lyes shall be stopped . this was spoken of david the anointed of god who was in that covenant of the law , wherein he might sweare in truth and righteousness , that oath as the lord liveth , and as my soul liveth ; but there was some in that time , which if they used that oath , the lord liveth , surely , they sweare falsly , ier. . . but what is that to the christians under the new covenant who are under christs command , who saith swear not at all , neither by that oath which david and the jews swore by , nor any other oath , but if upon any occasion they were required to testifie their obedience whether they would be subject to such , or such things ; their answer was to be yea or nay , and to keep there words , which is more then the hypocrites and hirelings priests in these times hath done by there oaths , for this we have had good experience of , that such as do now plead to swear for a thing , hath sworn against the same thing & do now preach against that which they have preached for , so that they will preach , pray , or swear any thing for their bellie , and for filthy lucre ; and the oath which david was to swear in truth and righteousness who called christ lord , he that was davids lord & glory saith swear not at all , who hath all power & glory . again whereas john tombs instanceth abraham , isack david , solomon , elijah , mica , elisha , the women of shunem , and itai , vria , and samuel &c. their swearing and entring into covenant to be examples for swearing . ans. all these were under the first covenant , and was in that which christ called the old time , mat. . and proves nothing that christians in the new covenant should swear , for although abraham swore , and solomon swore , yet christ which was before abraham and greater then solomon , saith swear not at all , and al. though david swore yet he was davids lord which said swear not at all , and though the angels swore by him that liveth for ever , yet christ unto whom all the angels shal bow & worship , saith swear not at all , so that all these arguments and scriptures doth not prove that it is lawfull for the believers and christians to swear at all , but it is tombs ignorance in his applying scripture in disobeying christs command . again to prove swearing lawfull , john tombs saith that paul put an oath on the thessolonians , . thes. . . which words are these , i charge you by the lord that this epistle be read unto all the holy bretheren : now saith tombs the greek word translated i charge you by the lord , is i put the lords oath on you , or swear you that this epistle be read to all the holy bretheren , alike charge are . tim. . . . tim. . . . &c. answ. this is the long and thick mist of darkness which hath been long kept over the understandings of people , that when the plain scripture will not prove their ends and intents , then they tell people it is otherwise in the greek , or hebrew , did not the translator of the bible understand greek as well as john tombs ? or are we not to believe the scripture as it speaks till again it be translated by him ? but least be should be wise in his own eyes , as it is in the greek is here set down , that all that can read and understand it may judge whether paul did put an oath upon them , or did swear them to read that epistle to the brethren . as thes. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is , i oblige or charge you in the presence of god &c. not i put the lords oath upon you , or swear you as iohn tombs saith , for if they did read the epistle among the brethren , then his obligation or charge to them was fulfilled ; but seeing iohn tombs saith he swore them , he might have declared in what manner they were sworn , seeing paul was at athens when he wrote to thessolonicae . again he saith the like charge is in . ti● . . . which acding to the greek he would make an oath , the words are these {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} that is i in oyn or command thee before god , not a putting an oath upon them , or causing them to swear as iohn tombs saith . again he saith there is the like charge ( or oath ) put upon them in . tim . . which in the greek is thus {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . that is , i charge thee in the presence of god , &c. not that he took him sworn , or put an oath upon him , or take him sworn that he should preach the word , but did charge him to be instant in season and out of season in his ministry . again iohn tombs saith in the times of the gospel paul used this oath , . cor. . . but as god is true &c. answ. now those that minds this scripture may see that paul doth onely justifie christs words in keeping to yea and nay , saying that with him it was not yea and nay , for saith he verse . but as god is true , our word towards you was not yea and nay , and verse . for the son of god , jesus christ , who was preached among you by us , even by me and silvanus , and timothius , was not yea and nay , for all the promises of god in him are yea and in him , amen . so that this scripture is so far from bringing people to oaths and swearing that he labours to bring them all to yea and nay in all things , and so to christ the substance in whom all the promises of god are yea ; so that the apostle might well use these words that as god was true &c see also were they true to their yea and nay the end of all oaths ; other scripture , tombs brings to prove the apostles did swear , as rom. . . and . . gal. . . phil. . . answ. as to the fi●st , rom. . where the apostle saith , for god is my witness whom i serve with my spirit in the gospel of his son , that without ceasing i make mention of you alwaies in my prayers ; is this a proof for men to swear and take oaths either for men or against men , hath not the man hear lost the understanding of a man ? thus to compare and call this the apostles oath when he takes god to witness that he prayes for the saints continually , and his saying in rom . ● . i speak the truth in christ , i lye not , my conscience also bearing me witness in the holy ghost , that i have great heaviness , and continual sorrow in my heart &c. and gal. . . where the apostle saith , now the things that i write unto you , behold before god i lye not , is this an oath to testifie the truth of his writings against lyes ; indeed this we desire that john tombs and the rest of the priests in this nation would write nothing , but what god would witness unto the truth of , and that they would speak truth before god and not lye , then they would not thus abuse the apostles words , and plead for swearing from them , when as the apostles intend no such thing in their words here asserted ; and where as it is again said that the apostle took an oath , phil. . . where he saith for god is my record how greatly i long after you in the bowels of jesus christ . now let all honest and sober hearted men consider whether the truth of god and the apostles that speak it forth be not abused , that from a novice that is lifted up in pride , and that would do or say any thing for his hire should bring those scripture to plead for swearing and that lawfulness of oaths , in all which the apostle took god to witness his love to the saints and labour in the work of his ministry , signifiing to all that understand how that he spoke the truth and did not lye , and kept to his yea and nay according to christs doctrine ( and did not swear at all ) . now further to prove swearing lawfull john tombs brings this fifth argument . that which hath a necessary use for the benefit of humane society is not unlawfull , but some swearing hath a necessary use for the benefit of humane society , ergo , answ. this argument is thus disproved , and both the major and minor , to be false . for to break any command of christ is of no necessary use for humane society , but to swear any oath is to break his command , ergo , for godliness is profitable unto all men , in all their societies , but he that swears goes from godliness into ungodliness and transgrssion , which transgression is of no use nor service amongst christians , so that john tombs might as well have thus stated his argument , that to break christs commend is of benefit to humane society , therefore to break christs command is lawfull &c. and might thus have proved it , that except we break christs command , we cannot preach for hire nor sue men at the law for tythes ; nor live in pride , ease , and vanity , nor keep our places of profits , and benefits , which is necessary for our society ( of priests , ) ergo , but we whose eyes god hath opened , do see that all his book tends to the perswading of people to swear , when christ hath said swear not at all , and that which he now would swear for again would swear against for the same advantage and profits which he hath in his eye , yea or he would perswade all men not to swear and bring scripture to prove it upon the same account , so that what he doth in this kind is because of advantage : for two years since he did not preach this doctrine nor write those arguments . now it being proved that the followers of christ , and believers in him are not to swear at all , then all those promissory oaths upon which john tombs hath grounded his other propositions is not to be taken : but again to prove an oath of supremacy to king caesar , he brings the example and rule of christ , and argues thus , if the lord christ in the dayes of his flesh did accowledge caesar as supreme governor in his dominions , and did subject himself to his jurisdiction in answering before the roman deputy and was obedient to his parants real or supposed , then all christians even the highest ecclesiastical prelate should be subject to the king as supreme governor in his dominions ; and for proof of this brings mat. . . when the pharises shewed jesus the tribute money , christ bid them give unto caesar that which was caesars , and unto god the things that are gods , so then it was the tribute money that was due to caesar : but doth this prove that christ did swear , or was any example of swearing to caesar , or account caesar the head of the church and ruler in ecclesiastical things , so that this scripture proves the contrary then for that which thou brings it , for those pharisees that brought the money to christ , said they knew that he respected no mans person , but taught the way of god in truth ; so then if christ be our example and rule in this , then to the supream king or kings we must not respect their persons but give them their due , which is that tribute which hath their own superscription upon it , and we must teach the way of god in truth , and give unto god the things which are gods , which is all honour , glory , and rule in spiritual matters , and give to christ alone the preheminence , which is head of his body which is his church , and we must not swear at all , neither for nor against any man , for christ did not swear neither for nor against cesar , and we must live peaceably with all men , not envy nor fight for nor against any man , and this is quite contrary to what jo. tombs would perswade people , or to what he understands from the scripture , which would make people believe that christ was an example of the oath of supremacy to cesar , so that people may well be blind and ignorant who hath such teachers . but we also shall follow the example of christ , as tim. . . who did witnesse a good confession before pontius pilate , and this is a good confession before any king or ruler now , to say that we have obeyed the truth from our heart , and have not broken the commands of christ by swearing , for , nor against any ; neither have we transgrest the example of christ in respecting any mans person , neither do we in our hearts envy any man , king , ruler , nor people , but hath love even to our enemies , and can do good to them that hate us , and can pray for them that persecute us , and do desire and daily labour that all men might come to the knowledge of the truth , that they might be saved , and this good confession we can witnesse before the king , or any in authority , and say that god is our witnesse , and our conscience also bears us witnesse in the sight of god , as the apostle did , and we can say also that we speak the truth before god , and lye not , for our eyes is not blinded with gifts and rewards , neither have we taken oaths , covenants , nor protestations for parties , powers , or religions , but since we knew the way of christ we have walked in it , and kept to his commandment and oath , which is yea and nay in all things , and so have not entred into condemnation with those that are given to change , but the unchangeable priest , the unchangeable covenant , and unchangeable law hath been our rule , and of this we need not be ashamed , but in gods power and authoritie can we hold up our heads , when others do bow down their backs alwayes ( crouching under every power and change of government ) as davids enemies did , psal. . . for that is their place and condition , as the apostle doth witnesse , rom. . . again jo. tombs saith , that paul a saint was subject to the judgement of caesar and appealed to him , then he acknowledged him supream , &c. ergo ans. paul was a prisoner for the word of god and testimony of jesus , and appealed to caesar for justice , because he was unjustly accused , and had not done any thing worthy of bonds or of death , therefore according to their law he ought to be set free , but paul did not call caesar the supream head of the church , and chief ruler in ecclesiastical things , for if caesar had been the supream head of the church of which paul was a member , he would but have needed little appealing unto for setting of him at liberty ; but in such arguments as tombs hath used , is manifest the ignorance of foolish men , wherein their folly appears to all men , as the scripture saith , tim. . . and whereas thou sayest that there is holy and harmlesse christians , and many upright soules whose consciences are very tender , and many godly persons that have excepted against that oath , and the lawfulnesse of taking of it , as fearing it may take away the liberty of their consciences , which is dearer to them then their lives . ans. these that are so are in a better condition then thy self , and to such thy ministry if received would beget them from their holy and harmlesse state , into transgression of christs command , and from the tendernesse of conscience into hardnesse of heart ; and now to answer their objections , thou tells them that it was imposed for excluding of the popes jurisdiction , &c. if so , why dost thou preach it up to be imposed upon the holy , harmlesse , godly christians , who are redeemed from the popes power and jurisdiction , and is come into the doctrine of christ , and into the life of christ , which is out of all such oaths . thou art a miserable comforter to tender consciences , but thy end is seen , and therefore thou cannot deceive many , but for those that thou hast before mentioned , who are holy , harmlesse , upright , and godly , which are tender of an oath ; they ought to be thy teachers who thy self art far from righteousnesse or tendernesse of conscience , therefore for thee it is a shame to be an imposer of oaths upon tender consciences , who professeth thy self a minister of christ , who did forbid all swearing , and his minister did preach against it , and said above all things swear not at all , lest they fall into condemnation , but it is manifest that thy ministry is to bring people into condemnation , and not into the obedience to christs command , therefore they that fear god will turn away from such , tim. . . now saith jo. tombs , the grand objection against swearing is our saviours words , mat. . , , , . and jam. . . which words saith he doth seem expresly and fully to forbid any swearing at all , excluding some sorts of oaths by name , and the rest by general terms , that our communication should be yea , yea , nay , nay , and what is more cometh of evil , or of the evil one ; yet saith he , we must of necessity find out a limitation of the speeches as we do , and the limitation is this , that is , frequent , vain , light , prophane , unnecessary , customary , passionate swearing or in secular matters of no importance , which in these scriptures are forbidden . ans. indeed it doth plainly appear , that thou must of necessity either disprove christs words , or else deny thy own , seeing they are contrary the one to the other ; so therefore thou sayest that it was those oaths above mentioned that was forbidden by christ and the apostles , and i shall shew it plainly that thou hast no necessity to limit christs words to vain and prophane swearing , ( out onely that thou would have thy words true and his false ) for christs words in mat. . doth not intend such oaths , for he speaks of the true oaths which was used amongst the jewes , and such oaths as christ told them they were to perform ; for it was not said in old time , that they should perform vain , light , prophane , unnecess●ry , customary , and passionate oaths , but such as they were to perform betwixt the lord and them , and the solemn vowes and covenants which they made in old time , to their kings , and one unto another , the christians now by the command of christ was not to swear these oaths , neither any oath true nor false , so that christ is not to be limited to intend vain oaths , when as for instance christ mentions the jewes swearing , who was in the commandment , who did deny all vain , customary , false , and passionate swearing , so that jo. tombs limitation is taken away , and christs meaning must be as large as his words , which is not to swear at all by any oath , but to keep to yea and nay in all promises , professions , and engagements upon all occasions , and so to keep out of the condemnation , whereby all peoples consciences may be kept clean to the lord in all things , and they brought to the exercise of a good conscience , for the lord is now teaching his people himself , and bringing them to obey the doctrine of his son , in which they may find peace for their soules , and not to be in bondage unto such teachers as are given to change with every government , who preach as the false prophets did for handfuls of barley , and pieces of bread , and such are they who preach the lawfulnesse of swearing ( or sinning ) against christs command , but the lord hath made them manifest , and is redeeming his elect and chosen from amongst such who have made a prey upon people , and fed upon their sins , but not upon the life which the saints was in . a true testimony of the jews swearing under the law , mentioned in . scriptures , with a distinction also of the apostate christians swearing , without either law or gospel for example in their oaths . and also the christians state under the gospel ministration and new covenant , how they are by christ commanded not to swear at all , plainly made manifest from the scripture . the jews swear , the apostate christians swear , but the true christians who are redeemed out of the apostacy , that sees christ jesus , that was before the jewes and apostates cannot swear at all , in whom we see that the doctrine of the jews was to swear , the doctrine of the apostates is to swear , the doctrine of christ and his apostles was not to swear at all , the jews sware by the living god , but the apostates by the book , which is not comparable to the jews swearing . here is a list of the scriptures which was spoken to them of the old time , and the law and first covenant , who swore and was to swear , and perform their oaths to the lord , which christ ends , who saith swear not at all , but in all your communications let your yea be yea , and your nay nay , for whatsoever is more cometh of evil , and this said be , to whom all power in heaven and earth was given , who put down swearing in the law , first covenant , and old time , which were true oaths , not frivolous ; for the frivolous was judged by them of the law , first covenant , and old time , for that oath which christ puts down was that which was sworn to the lord , and was to be performed in the state of the law , first covenant , and the old time , since man was drove from god into the earth , which law , first covenant , ( christ ends ) and oath , and redeems man out of the earth , and makes all things new , who saith swear not at all ; now as followeth are the scriptures which was spoken to the jews , and them of the old time that swore . abimelech and his captain , and abraham sware , gen. . , , . christ which was before abraham was , said swear not at all , that is the covenant that ends abrahams and abimelechs covenant , and saith they must keep to yea and nay in their communications . and the lord sware unto abraham , gen. . . that unto his seed he would give the land ; and that oath was performed , and christ being come , who was before abraham , who saith swear not at all . and abrahams servant swore to abraham , gen. . . . . and esau sware to jacob and sold his birth-right , gen. . . and joseph sware by the life of pharaoh , gen. . . but christ reigns over the house of joseph and jacob , which saith swear not at all , and the house of esau must be as stubble . and chap. . . the lord said he would perform his oath to abraham , which he sware , that his seed should be as the stars of heaven ; this was before christ was come in the flesh , who was b●fore abraham , who saith , swear not at all . and isaac and abimelechs captain sware , and an oath was betwixt them , and this was in the old time , and in isaac was the seed called , christ jesus , who said , swear not at all , gen . . . chap. . . jacob sware by the fear of his father isaac , in whom as i said before , the seed should be called , who reignes over the house of jacob , who said swear not at all , but in all your communications let your yea be yea , and your nay nay , this was in the new time , the other was in the old . and joseph sware unto jacob in egypt in the old time , but christ as i said before , reignes over the house of joseph and jacob , saith swear not at all , for by the oath he was to be carried our of egypt , and so by christ the oath of god , that ends the oaths , are all to be carried out of spiritual egypt , gen. . . chap. . , . and exod. . . where the lord sware to the fathers concerning the jews , who had the covenant and promise , which christ the covenant performs the oath of god , and his promise and covenant , who saith swear not at all . and exod. . god sware he would give the land to the children of israel , which he had sworn to abraham , but christ who was before abraham , said they should not swear , that redeems out of the earth , and treads upon the earthly canaan . and the lord said to moses , go to the land which i sware to abraham , isaac ▪ and jacob , so the oath of the lord brought them to this land the outward land of canaan , but christ who was before abraham , that reigns over the house of joseph and jacob , that ends the oaths brings to god , and the land of the living , where is the everl●sting rest above canaan , exod. . the lord sware in the wilderness that he would bring the people into the land , and the lord said they should see the land which he sware to their fathers , but they that provoked him should not see it , and they should not come into the land which he sware , save caleb , &c. who had provoked the lord , and these did not abide in the oath which brought into the land ; as the christians do not abide in christ that brings into the land of the living , that saith swear not at all ; as they did not abide in the oath which would have brought them into the land of canaan , num . , , . i set the land before you saith the lord , which i sware to abraham your father , and isaac , and jacob , and to their seed after them , deut. . . ch. . . ye shall possess the land if ye do all things i command you , vvhich i svvare to your fathers , and ye shall prolong your dayes in the land vvhich i svvare to your fathers , and the dayes of your children vvhich the lord svvare to your fathers should be multiplyed , ch. . . . and the lord svvare that moses should not go over jordan , the lord forg●t not his covenant to the fathers vvhich he svvare to them , ch. . · . . and the lord brought thee into the land vvhich he svaare to abraham , isaac , and jacob , ch. . . , . thou shalt possess the land vvhich the lord svvare to the fathers , ye shall keep covenant and mercy , vvhich the lord svvare to your fathers to give thee the land , ch. . , . ch. . so you may see here hovv the oath of the lord being kept , vvhich brought to the land ; and the oath being not kept , but the lord was provoked and turned against them , and he svvare they should not enter into the land ; so christ vvho ends the oath , who abides in him , he brings them into rest , but who doth not abide in him , the light turns against them , and he condemns them ; and so they come not into rest , chap. . . and the lord perform his word which he sware to abraham , isaac , and jacob , ch. . . . and the lord will make thee fruitful in the land which he sware to give thee , as he kept the law he kept the oath , and so they bare fruit as they do which abide in christ , who ends the oath . chap. . . as they loved and obeyed his voice , he was their life , and the length of their dayes , that they might dwell in the land which he sware to their fathers , abraham , isaac , and jacob , so in obedience to the law the oath was performed , but he that ends the law ends the oath , who was before daies was , who is the life christ , chap. . . they shall tell the priest that they are come to the land which the lord gave them , jos. . . be strong and of good courage , ye shall inherit the land which the lord sware , deut. . . . when the lord had brought them into the land which he sware , they were to keep covenant , this was spoken to the jews , else the oath turned against them , which oath and covenant christ ends , jos. . . and the prince of the congregation sware , ch. . , . but christ the prince of peace ends these princes among the jews , their authority and oaths , ch. . . and moses sware , chap. . , . and the lord gave the people rest , as he sware to their fathers , now this was spoken to the jews , and moses the servant which sware , christ the son who is greater then the servant moses , that ends the law , and redeems out of the earth saith swear not at all , who is gods covenant everlasting . judg. . . the lord said he had brought them into the land which he sware , and he would not break covenant with them , and this was spoken to the jews that had the outward covenant , and the land , and the oath spoken to them ( and not the christians ) which christ ends . sam. . . and saul sware who was a king , and jonathan sware to david in the time of his sufferings , but christ the king of kings saith swear not at all , there is the top and corner stone laid , that destroyes the devil the authour of sufferings , in whom is peace , chap. . . . david sware , chap. . . david sware unto saul , ch. . . saul sware to the witch , but christ jesus that david called lord saith swear not at all ; though david and saul were kings , yet christ who hath all power in heaven and earth , who is king of kings , whose dominion is larger th●n sauls or davids , who saith swear not at all . sam. . . and david sware he would not eat till the sun went down , bathsheba said to david , o king , did not thou swear to thy handmaid that solomon should reign , and she said thou swaredst by the lord thy god that solomon should reign , king. . , . and david sware as his soul lived , and god who had redeemed it out of all adversity , that solomon should reign , and adoniah would have had solomon swear that he would not slay him , ver. . and david sware he would not slay shim●i if he went not out of jerusalem , and shimei sware to the king and broke his oath , king. . . and solomon said to him , did i make thee to swear , and joab said to david he sware by the lord , sam. . , , . and solomon said kin. . . chron. . . when a man trespasses against his neighbour , and they lay upon him an oath , to cause him to swear , and the swearer shall come before the altar in this house , and solomon said it was alike to him that sweareth and him that feareth an oath , eccl. . . and the young man that came out of egypt bid david swear by the lord that he vvould not kill him , nor deliver him into the hands of his master , sam. . · novv here vvas svvearing , and this vvas among the jevvs , and though these are proofs for their swearing , yet christ a greater then solomon , who was greater then david and solomon , who were kings , saith swear not at all , he which hath all power in heaven given to him . and here they were to swear before the altar in the house of god , as said king solomon , but this is nothing to the christians that they should swear , but christ that ends the oath ends the altar , and the temple , and said it should be thrown down ; so solomon was made by an oath , for david sware to his mother that solomon should reign , so according to the oath he was , so christ who ends the oaths , that is a greater then solomon , that redeems from the earth , makes kings to reign upon the earth which are not to swear , and saith swear not at all . and you may see gedaliah sware kin. . . jer. . . and said , be ye servants to the caldees , and sampson made the children of judah swear that they would not kill him , judg. . . . and the spies sware to rahab that they would not open the matter , and if she uttered the matter they were quit of the oath , jos. . . and zedekiah rebelled against nebuchadnezar , which had caused him to swear by god , chron. . . and the children of israel sware together to serve the lord , and rejoyced at the oath they had sworn with their hearts , chr. . , . now as these scriptures is to prove that these sware , but all who came to the joy which remains in christ jesus , they come to him which ends the swearing , and ends the oaths , and then they joy in the oath , christ jesus who is of the tribe of judah , who ends the swearing , who is a greater then sampson , and none of these scriptures prove that the true christians sware after christ forbade them . moses said to the lord remember abraham , isaac , and israel , to whom thou sware by thy self , i will multiply thy seed , and give you this land ; here you may see this was to the jews who had the land , which when christ came among them , him they was to hear , who ended the oaths , and said they should not swear , they persecuted him , exod. . · thou shalt serve the lord and cleave to him and swear by his name , deut. . . and thou shalt swear the lord liveth in righteousnesse , and truth , and in judgment , jer. . and he that sweareth in the earth shall swear by the true god , isa. . . now here is the oath that was to be performed to the lord , and christ the righteousnesse of god and truth ends the oath , that was to be sworn in righteousnesse , and saith swear not at all , to whom every knee must bow . and the lord said he had sworn by himself , his word was gone out in righteousnesse , every knee should bow , and every tongue should swear to him , this was the true oath and the house of jacob sware by the name of the lord , but not in truth and righteousnesse , these was the vain oaths which the prophet forbade , and was forbidden by the jews , isa. . . chap. . . and the true oath was that which was sworn by the lord , and then the jews bowed to him , but god saith this is my beloved son , hear him , who saith swear not at all , and they that be true christians do the thing that he commands , john . and israel sware not in truth and righteousnesse , though they said the lord lived , yet they sware falsly , amongst them that seek not the truth , nor execute true judgment , jer. , . the lord saith i swear by my self , that this house shall be wasted , if they would not hear the words of god , jer. . . and the lord swore unto the fathers that he would give them the land that flowed with milk and honey ; now mind , this oath brought them into the land that had the types , and figures , and shadows , which when christ comes he ends this oath , and types , and figures , and shadows . king david said , psal. . . the king shall rejoyce in god , and all that swear by him shall rejoyce in him , this was a true oath ; and david sware to the lord , and vowed to the mighty god , ps. . . and david said unto the lord , where are thy former mercies which thou sware unto thy servant in truth , psal. . . he honoureth him that sweareth to his own hurt and changeth not , shall not be removed , psal. . now this is to prove swearing to them that were under the law , and to the jews , and that king david sware , and the prophets sware , which christ the end of the prophets , and david saith swear not at all , him that david calls lord , and this is my beloved son whose voice is to be heard saith god . whosoever voweth a vow to the lord , or sweareth an oath to bind himself by a bond , he shall not break it , here they were to perform their oaths to the lord , num. . . deut. . . when the children of israel walked in the law of god , they should possesse the land which he sware unto them , so they possessed the oath as a true christian possesses christ , who forbids that oath , and walks in the light , and so he possesseth the word which is the honey , and the milk , as the jews possessed the land that flowed with milk and honey , that kept the lords oath and his law , but they departed from it ; but the new covenant being witnessed and the law written in the heart and mind that possess it , they shall not depart from the lord . ezra caused the chief priests and all israel to swear , and that they would do according to the law , now these were the jews in the law which christ ends , ez . . isa. . . in the time of confusion the man shall swear he will not be a healer , this was in the time when they had transgressed the oath of god and his law , ch. . . egypt shall speak the land of canaan , and shall swear by the lord , and they were not to swear falsly , lev. . . . and the jews was not to swear to pronounce with their lips to do evil , and if he did it ignorantly he was to confess it . cha. . . and they should not swear by the name of the lord faslly , chap. . . and swearing faslly was forbidden by the prophet to the jews , jer. . . and jeremiah cryed out , the land was full of adultry and oaths , chap. , . these was not the oaths that christ said they should perform to the lord . and by swearing and killing and lying , blood toucheth blood , hos. . . these were the rebukable oaths , and while they were in ●hat state , playing the harlot , they were not to sweare the lord lives , when they were in the rebellious state , then they were rebukable and could not swear the true oath , but went to the false oathes , and hosea told the jews they sware faslly , so the prophet judged the false oaths , but christ ended the true , hos. . . and malaci told the jews the lord would rise a witness against the false swearers , mal. . . did not christ cry wo unto the jews and pharisees that said it was nothing to swear by the temple , and told them they that sware by the temple and the gold of the temple offended , these were the jews that he told of swearing by the altar , and the offering , and sware by all things that was on the altar , and he that sware by the temple , sware by him that dwelt in the temple , and he that sware by heaven , sware by the throne of god and him that sat thereon ; christ spake these things to the jews he cryed wo against , who was not believers , mat. . . to the , this was spoken to the jews and pharisees ( that knew not christ ) that that was in the swearing , against which he cryed woe , who saw not the substance of the altar and temple , that they sware by , and the things thereon , who saith sweare not at all , mat. . peter cursed and sware . mat. . . mat. . . · but after he repented , the jews oath was to swear by the lord , and the christians was to keep to yea and nay in their communications , & not to swear at all , mat. . jam. . and the jews was not to swear by the books of moses , nor the prophets , as the apostate christians who swore by the contents of the books , but their oath was to swear by the lord , and the jews was not to swear by the gods of the heathen , for amos told them that sware by the sin of samaria , should fall and never rise again , amos . . and the lord swore to the children of israel that they should not make mention of the names of their gods nor sware by them , for the heathen sware by their gods , but the jews were to swear by the living god , and perform their oaths to the lord , jos , . . which christ ends . and the jews when they were under transgression , they sware by the gold and by the altar , and by the temple , and the christians that are apostatized from the apostles have sworn by the epistles and the evangelists , for which they have no example from christ nor scriptures , which said they might not swear by heaven , for it was gods throne , for he that sware by the throne , sware by him that sat thereon , nor they should not swear by the earth , nor the head ; and james that followed the doctrine of christ , one of his disciples said , swear not at all . and zachary saith in his prophesie , every one that sweareth shall be cut off zac. . . the lord would cut off the swearer , that swears by the lord and swears by malcham , zeph. . . so the king sware secretly to jeremiah , as the lord liveth jer. . . and the jews was to learn the ways of the lord , and sware by the name of the lord that liveth , as they had taught the people to swear by baall , so there was the false oath judged by the prophet , jer. , . but christ who ends the prophets , and the jews outward , ends the oath , and saith swear not at all . and the lord sware in his wrath to the jews that they should not enter into his rest , psal , . . the apostle saith , heb. . , they entred not because of unbeliefe , therefore he sware in his wrath , for they erred in their hearts from the oath which would have brought them in that turned against them . and he saith verily men swear by the greater , chap . . . how god sware by himself because he could not swear by a greater , and how men sware by the greater , and their oath was to end the strife in the law , but this is made by an oath , christ jesus , the lord hath sworn , and will not repent , thou art a priest for ever after the order of melchisedeck ; the apostle doth not bring that to the hebrews that they should swear , but as a similitude , the substance of which is christ , and that men sware by a greater then themselves , and because god could not find a greater , be sware by himself , and the oath in the law ended the strife among men , and made the peace , but christ jesus that ends the law , ends the oath , and destroyes the divil the author of strife , and reconciles man to god in peace , he through death destroying him who had the power of death the devil , heb. . . chap. . . . and zhecharias when he prophesied , saw the oath which god sware to abraham , luke . . and none of these places in the new testament , doth prove that the christians did swear , for they had the oath of god performed , that enjoyed christ jesus , and who enjoyeth the oath of god performed , the end of the prophets , he saith unto them they must not swear at all . now if you say the angel sware in the revelations , and in daniel by him that lived for ever and ever , this was a true oath , dan. . , rev. . . who sware concerning the mystery of god being finished , which god sware to the prophets his servants , which comes to enjoy the mystery of god christ jesus , they have the end of the prophets and servants the mystery , to him the angels must bow ; i bring forth my only begotten son into the world , let all the angels worship him , who saith , swear not at all . and christ said unto the jews and to his disciples , how men had sworn in the old time , and was to perform their oath to the lord , and that was the true oath , and christ saith i say unto you now , swear not at all , and let them see that men should not forswear themselves , but perform their oaths to the lord , and so he distinguished between the true and the false , and then bid them they should not swear at all ( mark ) not at all , neither by heaven nor by earth , nor by their head , nor by jerusalem , for he gives them the reason , but tells them what they must say , and what they must do , that takes away all swearing , let your communication be yea yea , nay nay , whatsoever is more then these comes of evil , mat. . , , , , . and this is the doctrine of christ that faith , swear not at all , who was the oath of god performed . and james one of the disciples and apostles of christ jesus , that abode in his doctrine , said , above all things my brethren , swear not at all , neither by heaven , nor by earth , nor by any other oath ; and then the apostle taught people what they should do , and said , let your yea be yea and your nay nay , least you fall into condemnation ; and so christ and the apostle did not say they were to swear by the lord and told them these were frivolous oaths , they denyed , but told them they was not to swear at all , not by any oath , for if they did , they fell into condemnation . so the doctrine of christ and the apostles who ended oaths , denyed swearing , and all oaths , said they were to keep to yea and nay , and their yea was to be yea , and nay nay , which keept them out of condemnation , and who lives in this are redeemed out of the apostacy since the apostles daies , to christ and the apostles doctrine , that knows the oath performed , and law , and first covenant , and moses , and a greater then solomon , before abraham was , though these swore , yet he saith , swear not at all , and this is my beloved son , hear him , and there is the top stone laid , and christ reignes , mat. . all these scriptures , which are in all , . are brought to oppose christs doctrine by the apostates , which prove nothing that the christians should swear . the oath of god his law being kept , his promise was performed , which brought the jews into the outward land of canaan , which had the types and figures and shaddows which christ ends , the oath , law and first covenant , and types and figures and shaddows , and redeems out of the earthly canaan , and from the earth to god , and so brings into the land of the living . the end . a declaration sent to the king of france and spayne from the catholiques or rebells in ireland vvith a manifesto of the covenant or oath they have made and taken for the defence of the catholique league against the protestants in that kingdome : vvherein is discovered their treacherous practizes under the pretence of religion and their bloody actions full of cruelty and barbarisme / ...translated out of french by r. c. gent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a declaration sent to the king of france and spayne from the catholiques or rebells in ireland vvith a manifesto of the covenant or oath they have made and taken for the defence of the catholique league against the protestants in that kingdome : vvherein is discovered their treacherous practizes under the pretence of religion and their bloody actions full of cruelty and barbarisme / ...translated out of french by r. c. gent. codrington, robert, - . p. printed for i. t., london : . published in paris, april the , . reproduction of original in thomason collection, british library. eng oaths -- ireland. ireland -- history -- rebellion of . a r (wing d ). civilwar no a declaration sent to the king of france and spayne, from the catholiques or rebells in ireland: vvith a manifesto of the covenant or oath t [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration sent to the king of france and spayne , from the catholiques or rebells in ireland : vvith a manifesto of the covenant or oath they have made and taken for the defence of the catholique league against the protestants in that kingdome . vvherein is discovered their treacherous practizes under the pretence of religion , and their bloody actions full of cruelty and barbarisme . published in paris , april the . and translated out of french by r. c. gent. london , printed for i. t. . newes from france . the lawes newly established , by the ▪ catholicks of ireland now in armes with the forme of their new oath taken for the maintayning of their league . irreland being to this day the sole right and a contrey subiect to the governement of the king of great britaine where the warre now is , which is the principall subiect of this historie ; and the parliament of england imputing to that war one of the causes of the division with his maiesty of britaine , as if some manifesto had interressed him in it , it will bee important not onely for the illustration of the historic but also for the discussing of the truth of that objection , & because they condemne the irish to live without rule and discipline , and to exercise many cruelties against the protestants , to understand what lawes they are under which they live , and the articles of their new confederacy . to the better understanding whereof , wee are to presuppose that ireland having bin sometimes governed by five severall kings ( every one of which reigned in one of those five provinces ▪ in the ye●re ●●●●●here arose a division betwixt two of those kings namely hee of lageny whose royall 〈…〉 e was at dubling , and was called di●rm●th omorochon , & he of connaught who was called ochonnoch . donn , the first whereof having called the english to his succour , richard de strongbow repaired to him who behaved himselfe so valiently that ioyning with the king of lageny , he made himselfe master of one part of that island , and became an introduction to henry the second , then king of england , who came thither with a great army , which the other provinces perceiving , they willingly did submit unto him to be delivered by him from the calamities that did attend their civill warre ; but as new plantions doe seldome agree with the antient inhabitants whose lands they came to usurpe and to possesse , these two nations had alwaies some difference , which traversed daily the successe of the irish , and hindered them that they could not retire themselves from their obedience to the english , especially at that time when oneale earle of tyrone tooke armes for the maintayning of the liberty of the catholicks against the protestants in that great and universall subiect of division which the diversity of religion had caused to arise throughout all christendome , who did incourage and conduct them as discreetly and as valiantly as all other people , and added to the first and greate difference which arrose in that countrey betweene the naturall irish and those who were called english-irish , that is to say descended from the english and the inhabitants of ireland , another difference to it of catholickes and protestants , which now is growne so strong as to make them forget their antient quarrell , and to recombine all those into the same body which are found of the same beliefe , two lords onely excepted , to wit the earle of clenricard , and of antrim , catholicks both in their profession , and are not yet openly ioyned to the catholiks now in armes , but remaine as newtralls , although they impute the cavse to the estates they have in england , the first being earle of s. albans , & invested with the honours of three other baronys , the other with the rich dowry of the dutchesse of buckingham his consort . now there being no society which can subsist without lawes , behold those which they have lately published to entertaine their mutuall correspondence and military discipline with the oath taken by them to the same intent . . it shall not bee lawfull for any under paine of death to take away the catholicks goods , or to doe any dammage to them , whither they be irish , english , or scotts , or of any other nation whatsoever inhabiting within this realme , those onely excepted who shall be declared enemies to the common cause , or shall refuse to take armes for their defence , in which last case it shall not bee lawfull under the former payne to indammage the said catholickes without expresse order from the lords , directors , or intendants of iustice established in every county , or in the greatest part of them . if any either of the one or othe sexe which to this present hath made profession of the protestant religion , shall reconcile himselfe to the holy church of rome , provided that he persevereth in it he shall suffer no dammage either in his body or his goods , howsoever to prevent deceits the castles and strong places which shall be found to appertaine unto them shall remaine sixe months in pleage in the hands of the directors or of those who shall bee committed to that charge who shall give them an account of the revenues of the said places . . if the husband be a catholick and his wife a protestant they shall suffer no dammage in their goods , moveable or immoveable , but if the husband bee a protestant , and his wife a catholick , the thirds of the goods shall bee taken from the disposing of the husband , for the lively hood and maintenance of his wife , and from them both a third remaining shall be taken according to the arbitration of the abovesaid directors for the education of their children . . the tributes , revenewes , rites , and temporall prerogatives of this king of great britaine shall exactly bee preserved and maintained , and all subiects and tenants precisely constrayned to pay them into the hands of the farmers and ordinary receivers for his maiestie for the use and service of him . . there shall be no distinction betweene the naturall irish and the antient english irish or any other true catholicks whatsoever , but they shall indifferently bee considered and advanced to offices according to their deser●s , being faithfull to the king and preserving and promoting with all their power the common cause of the foresaid religion . . it sh●ll not bee permitted to any to depart beyond the confines of his owne county to go to forraigne without order from the directors . . they who shall appropriate to themselves the goods of their kinred of the contrary party shall bee constrained to leave them to the administration of the directors , or to give them an account of them or to bring in unto them the greater part ; in which first case the directors shall dispence unto them a fitting & considerable recompence , and the usurpers who shall bee convinced to have dealt falsely with them shall bee condemned to pay unto the common cause the double of the value of the said goods . . it is forbidden to all on the forfeit of their lives , either under the pretext of warre or under any other pretence to invade any house whatsoever it bee , no not of those who make open profession of the protestant religion , or are not yet declared open enemies to the cause if they have not a sp●ciall warrant from the directors , and for the time past , if any one hath so offended , hee shall bee bound on the first demand to restore the goods of him or them from whom he hath usupt them . . all indifferently and of whatsoever condition they are shall proportionably contribute of the goods which they poss●sse within every county to the necessities of the affaires of the said counties those summes which the directors or the greatest part of them shall appoint under the penalty of paying amends by them the said directors so appointed . . none onthe paine of death sh●ll ravish or offer violence to any married woman , widdow , or catholicke maide or protestant , or shall goe about to take away any habit from the body of any man , maide or woman of whatsoever religion they are . . as often as any castle or strong place shall be taken by composition , it shall bee a capitall crime to breake the articles and condition of the treaty ▪ or to enter into it with a greater number then was accorded too , to hide or take away any of their goods , and to imploy them to his particular use , but all shall be left to the free disposition of the directors to bee imployed for the subsistance of the souldiers , and that with as much iustice as possible can be . . no souldier or any other shall be so bold , as to steale , pillage , burne the fruits or the houses of the enemies themselves , or to commit any preiudicialle offence without the expresse commandment of the directors . . but above al things it is forbidden under the same penalty es to steale from , or make any trespasse on the bodies or goods of tradesmen or marchants , in this country exercizing their art and commerce , and the directors doe take them into their protecton and speciall safeguard so long as they shall not bee found guilty of any treason against the common cause , but shall follow their honest exercise . . it is forbidden on the same penaltie to all labourers , sheepheards or other persons not intolled and being not under the charge of any , and who are no members of any of the catholicks armies to renounce their condition to cary armes , but they shall be inioyned to stay at home to continue the exercise of their arts and manufactures , if they beare not with them a certificate from some person of quality containing the place from whence they came , & whether they would goe . . they shall proceede against the catholicks refusing to assist the common cause , as if they were but protestants , which neverthelesse shall not bee done but by the order from the directors . . all the tenants of the catholicks of whatsoever religion they are shall be grievously chastized according to the arbitration of the said directors , in case they shall deferre or refuse to pay their rents and anuall duties . . every twelfth day , provided it falles not upon a sunday or upon a festivall day , which if it doth the assignation shall be then remitted to the day following , the directors shall bee bound to assemble themselves in a conv●nient place chosen by them to determine all differences , to appease all commotions and to avoid all confusions which are too ordinary in all new designes . . lastly , it is fo●bidden under paine of death to carry or cause to bee carried any provision or ammunition into places where the enemy doth quarter , or to have any intelligence or commerce either by word or pen with any captaine or souldiers of theirs to the preiudice of the cause . the forme of the oath of the irish catholicks now in armes . in the name of the father , and of the sonne , and of the holy ghost , i promise ; vow & sweare , to advance and defend with all my power the holy catholick rom●n faith & never under hope of recompence or for re●enge to carry or wilfully suffer to bee carried any thing that may prejudice a roman catholick , an irish or scottish catholick or of any nation whatsoever who freely hath exposed his goods , his liberty and life to preserve that union ; and withall i shal repute all wrongs done to any whatsoever , who shall oblige himselfe by this present oath as done unto my selfe and i will procure with all my power that satisfaction shall be given which shall bee due to a person so offended . i acknowledge also and with my conscience i doe attest that charles our most excellent king and master is the lawfull and soveraigne lord of this realme ▪ and that i will maintaine him , his lawf●ll heires and successors , the true faith , subjection and obedience , that i will defend and conserve him with all my force , as likewise his lawfull successors within the due prerogatives and right of the crowne against all forces , princes , and forraigne states , as also against all treachero●s ▪ sacralegious , and domestick plots . i promise also to observe all the lawes and statutes made for the good of this kingdome , and for the liberty of the subjects , intimating withall that they shall not be contrary to the catholike roman religion and i will give no occasion as much as in me lies to change any thing without the authority of our parliament . as also to imploy my selfe withall my indeavors to deliver my cuntrie from the oppression of evill governours , and to make no distinction betwixt the ancient english , and the true i rish , or whatsoever nation that shall be comprised with in this union , in which maugre the devill & all the gates of hell i will stand unshaken till the last drop of my blood . i promise also to bring no dammage to the said catholicks , neyther to attache or impaire their patrimonie , nor to make any extent upon their lands during he time that the warres shall last , and in case i had a processe against them to prorogue and voide the same untill those troubles be past over . i promise in the end the better to imbrace the common cause to acquite during the said troubles all particular quarrells , jealousies and other differences which already are or shall arise . so god shall helpe me , and the holy evangelists , on whom i willingly doe take this oath . finis . the great question concerning the lawfulnes or unlawfulnes of swearing under the gospel stated and considered of for the satisfaction of such as desire to scan the thing in the weight of god's spirit and to see the true and clear determination of it in his un-erring light / by isaac penington the younger. penington, isaac, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the great question concerning the lawfulnes or unlawfulnes of swearing under the gospel stated and considered of for the satisfaction of such as desire to scan the thing in the weight of god's spirit and to see the true and clear determination of it in his un-erring light / by isaac penington the younger. penington, isaac, - . p. printed for robert wilson, london : . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- apologetic works. oaths -- religious aspects. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the great question concerning the lavvfulnes or unlavvfulnes of swearing under the gospel , stated , and considered of ; for the satisfaction of such as desire to scan the thing in the weight of god's spirit , and to see the true and clear determination of it in his un-erring light. by isaac penington the younger . london , printed for robert wilson , at the sign of the ●●●●k-spread-eagle and windmil , in martins le grand , ●●● the great question , concerning the lawfulness or unlawfulness of swearing under the gospel , stated and considered of , &c. quest . vvhether it be lawful for christians ( who know christ , the substance of all the shadows under the law , and are in the new covenant ) to swear upon weighty occasions , as it was lawful for the jews to do under the old covenant ? or , whether christ alloweth his disciples to swear in solemn cases , as moses did allow his disciples ? answ . for the clearing of this weighty controversie to all such , as singly desire to know the truth ( as it is in jesus ) in this particular , that their hearts may bow to him therein , and not be overtaken with the reasonings and subtilties of the carnal mind ( which never knew nor can know the power , but hath alwayes been , and still is setting up dead images , of god's truths and of his worship , out of the power ) these few things following would be considered of . first , what an oath is , or , the nature of a right and true oath under the law. secondly , the ground or occasion of its institution . thirdly , the cases wherein an oath was to be used . fourthly , the proper end and service of an oath . fifthly , the sutableness of its nature to its end and service . lastly , the persons to whom the use of an oath was proper in it self , and intended and allowed by god ; and whether there be any persons to whom it is not proper , and to whom the lord doth not allow it ? this last is the main , and will itself determine the thing ; but yet a brief consideration of the former may not be unprofitable , to make way for a clearer leading and insight into it . first , as touching an oath , what it is , or the nature of it . a true and lawful oath under the law , was an engagement or bond upon the soul ( numb . . . ) by the name of the lord ( deut. . . ) to the speaking of truth in things affirmed , and to the performance of truth in things promised . it was as a seal to bind fallen man ( man fallen from the truth , from the uprightness ) to truth in his words and promises , either to god or man. this is the nature & use of an oath , to wit , to bind the soul to truth , to be such an engagement upon the soul , as , if there be any fear of god there , it cannot but dread to break , knowing that the lord will not hold him guiltless , that taketh his name in vain . secondly , the ground or occasion of an oath , is the fall of man from truth , from innocency , from the uprightness which engaged him to truth before his fall. this made the jews stand in need of this bond under the law , in their purposes and promises towards god ; and the same thing likwise made them stand in need of it one from another , to ratifie and confirm truth between them . thirdly , the cases wherein an oath was to be used , which were chiefly these four . . in case of a promise or vow to god , that the truth , integrity , and plain intention of the heart might stand , and there might be no departing therefrom , in the thing promised , either to god or man ; an oath in that state was found useful to bind the soul thereto . . in case of promise to man , . in case of pronouncing or declaring the truth of a thing , which was weighty , that there might be a clear and satisfactory ground of belief . . in case of controversie between parties , where the controversie could not be determined , but by taking the confession of the one party for truth ; there that party was to seal his confession with an oath , and so the other to rest satisfied therewith , and the controversie thereupon end . fourthly , the end of an oath , which is , for final confirmation , and avoiding of all further strife and contention about the thing sworn to . by binding the thing ( promised or affirmed ) with an oath , the thing is confirmed ; and now there is no more strife in the heart concerning the thing , if relating to god , or between man and man in things relating to them , but the striving nature is bound down by the oath of god , wherewith the thing is ratified , and so the doubt and uncertainty removed , and the contest ended . thus of right it ought to be , and is where the oath is forcible and in its proper service . fifthly , the sutableness of its nature to the end aimed at by it . man out of the christian life , can go no further , than to engage himself by the fear and dread of that god , whom he professeth to worship and serve , and who cannot but be jealous of his name and honour , and ready to vindicate the taking of it in vain . man under the law , could not bind himself to god , in any promise or service more than thus ; nor can there be any greater bond or seal of truth given by one man to another , in the fallen state , than this . and he that will venture to break this , what but deceit and treachery can be expected from him ? insomuch as no other engagement from him can be of weight , he hereby manifesting the want of that in his mind and spirit , whereupon all ties are to fasten . sixtly , the persons to whom the use of an oath was proper and lawful , and for whom it was instituted ; and whether there be any persons to whom it is not proper and lawful , and for whose use it was not instituted ? to find out this distinctly and truly , we must consider the several conditions of man since the creation , and observe to which of those it is useful and proper in it self , and allowed by god ; and to which it is not useful in it self , nor allowed by god. there have been four estates or conditions of mankind since the creation . . an estate of innocency , an estate of integrity , of purity , of righteousness , wherein man could not lye or deceive ; but his promises to god , and his words to men , must needs be yea and amen : for it was impossible to man , who was made in god's image ( which is truth ) to lye or deceive , until the deceit entred him , and drew him out of the truth . . there was ( and still is ) an estate of deep captivity , wherein this truth and innocency was wholly lost , and man wholly corrupted in his spirit and nature , and wholly degenerated from god. this was the estate of the heathen , who knew not god generally , nor desired after him , but walked in the vanity of their minds , and were given up to their own hearts lusts . yet among some of these the eternal principle of life was stirring , which did check them , and offer to guide them out of this estate , which they that hearkened unto , did not remain in the fall with the rest , but felt the power of that , which reproved and checked them , circumcising their hearts , and , in their obedience thereto , justifying them in their consciences before god. . there was an estate of shadowy redemption , which was not the true estate of redemption it self , or they the true people which were to be redeemed , but a shadow of it the redemtion , a shadow of the redeemed people , a shadow of the way and path of life , wherein were figures of the heavenly substance , the heavenly people , the heavenly things , the heavenly inheritance , the heavenly food , &c. but all these figures in and under the law , were not the true heavenly and invisible things themselves , but outward and visible signs and representations of them . . there was , and , blessed be the lord , now at length ( after the great , long and dark night of apostacy ) again is brought forth an estate of true redemption , wherein the soul is brought back from the death , from the captivity , from the fall , from the deceit , and from the shadows into the truth , into the pure life , into the innocency , into the uprightness ; wherein christ ( the power of god ) is witnessed , and the soul new formed in his pure image , and become a new creature , having a new eye , a new ear , a new heart , a new nature , a new life and spirit ( in the newness of which life , it is to live and walk ) a new course and conversation , a new place to walk and have its conversation in , even in that very heaven , from whence it looks for the saviour ; wherein also all old things , which came in by the fall , and all the old shadows of the law are to pass away , and in this state all things to become new . and this is not only to be expected in the perfection of this state , but belongs ( in its measure and degree ) to the very beginning of it : for even so soon as a man is engrafted into christ , and can be said to be in christ , even then he is a new creature , and all things then begin to become new unto him , and he is then to begin , departing from all the old things , both of the natural or heathenish state , and of the jewish state , until he hath left them all behind . the apostle saith expresly , if any man be in christ , he is a new creature : old things are passed away ; all things are become new . christ , the lord and master of all believers , who himself was not of the world , calleth all his disciples and followers out of the world. how out of the world ? doth he call them from having any being or commerce in the earth , or in the world ? nay , not so , but to come out of the evil and corrupt state , practices & wayes of the world ; out of the earthly wayes of the heathens , out of the earthly ordinances and observations of the jewes ; yea , even out of every thing in both , which was not of the father , but of the world ; and this made them a gazing stock to both , and the scorn and hatred of both , where-ever they came . these are the four estates or conditions of mankind since the creation : in one of which , all men that ever were , have been to be found ; and according to the estate and condition wherein man is found , is the law of god to him , and his requirings of him . now let any man , in the fear of the lord god , weigh and consider , to which sort or sorts of these an oath was useful in it self , and allowed by god , and to which not . was it useful in the innocent state ? or , did god appoint it there , when man could not but speak truth ? or , is it useful in the redeemed estate , where a greater bond is received , and professedly held forth , than the innocency of mans nature was ? is not christ the truth , the substance ? is not he that is in him , the new-creature ? were not all the oaths and shadows of the law , to last till christ the substance came ? is not this the bond of the gospel ? and doth not this seal truth , and keep to truth more firmly , than the oath under the law could ? and the greater bond being come , doth not the lesser bond ( which signified it ) flee away and vanish , and the use of it now become both needless and unlawful ? men may reason subtilly , and perswade strongly against the truth , but we know certainly and infallibly in the light of the lord , that the use of an oath was not for man in innocency , nor for man under the power and vertue of the redemption by christ ( which brings man back into the truth , into the innocency , and into that life and strength , which preserves in the truth and innocency ) but for fallen man , for man erred from the truth and covenant of god : and it is very manifest to us , that for a disciple of christ , who hath received the law from his lips against swearing , to be brought back again to swearing ( the bond of man in the fallen state , and under the law ) is no lesse than a denial of christ , who is his life and redeemer out of the fallen state , and who also is the substance , which ends the oaths : and he that hath ever known the pure power of his life , and received the pure law thereof in the clear openings of his spirit , must not depart from thence , from the feeling of that , into the fleshly reasonings , into consultations with the fleshly-wise part , which will be sure to give such interpretations of scriptures , as may avoid the crosse ; but keep to that power which begat him ; and to that principle wherein he was begotten ; and there he shall never be able to get beyond the yea and amen in christ , beyond the confessing of the truth in the presence and life of it , which is the end and substance of swearing under the law : and therefore the apostle paul , who several times , and in several cases relates to the prophecies of the prophets ( who foretold of things under the gospel , in law-phrases ) renders the word confess , instead of swear , as may appear by comparing , rom. . . and philip. . . with isa . . . that which the law called swearing , the gospel calls confessing ( each of them speaking of the same thing , in the proper dialect of each : ) which confessing in the life , in the truth in the renewed principle , is the weight and substance of that , whereof the oath was but a shadow . for what is the substance and intent of an oath ? is not the intent of it to bind to the speaking or performing of truth ? and what is it that binds ? is it the shadow , or the substance ? is it the words of an oath , or the sense and weight of the thing upon the spirit ? it was not the form of an oath , but the weight and substance hid underneath , which bound the jew under the law : and if there be more weight and substance in the yea and nay of a disciple under the gospel , it must needs be more binding to them , and hath also more true ground of satisfaction in it ( to other christians at least ) than a jews or heathens swearing : yea , and if the men of the world would but freely speak their hearts , it would be acknowledged to be of more weight with them also . who of those who have observed and known our conversation , and upright speaking and behaviour for these many years ( both towards the various rulers and authorities of the 〈…〉 also towards all men of all sorts ) would not prefer our yea and nay before the oaths of others ? object . but though a christian may not swear in relation to himself , yet why may he not swear in relation to the satisfaction of others , seeing god himself sware in that respect , who was as much in the power and virtue of that life which binds from swearing , as a christian can be ? answ . . god ( being not bound himself by the laws , wherewith he binds the creature ) may either himself , or by an instrument ( in his immediate life and power ) do that , which the creature hath not liberty from him to do : but that is no warrant in general , but the disciple is particularly to eye the rule from his master christ jesus ( who is lord over the houshold of faith , and who was as faithful in all his house as a lord , as moses the servant was in his house ) by whom the same god , who once allowed oaths to the jems , hath now wholly forbidden swearing . and let the disciple diligently and faithfully eye the laws of the new covenant ( which are written by , and received from the ingrafted word of faith in the heart ) he shall find oaths excluded there as a part of the old covenant , even as a literal and shadowy confirmation of truth among the jews , under moses his dispensation , for the time of the law ; but the grace and truth it self is the substance , and the faith received is the seal of truth under the gospel , both towards god and man. answ . . a christian may not swear in relation to the satisfaction of others , because he is to hold forth his light , his life , his principle in the eye of the world ; he is to testifie to the worth and excellency of it , that it is a greater and firmer bond to him ( both towards god and man ) than any oaths either of the heathen , or of the jews can be . now his entring into their way of confirmation of things , which is short of his own , is an undervaluing and disparagement of the worth and weight of that principle of truth , which god hath given him and raised up in him : it is indeed a denying of it : for , entring into the law-bond , is a laying of the gospel-bond by , and an offering of that as a bond , which indeed once was so , but is now excluded by the law of faith from being a bond any longer , and hath lost its vertue . and if men would but open their eyes , they might easily see how little oaths bind , and how unprofitable they are to the end and use for which they are intended : but the yea and amen in christ ( the principle of life ) cannot be broken , but he that abides in him , must perform the yea and amen , which is firm in him. answ . . a christian or disciple may not swear under the gospel , because christ hath brought in confession or affirmation of the truth , from the principle of his life , instead of oaths : which is made good , not only by the apostle paul's rendring of swearing in the law-time , confessing , in the fulfilling of it under the gospel ; but also by christ's bringing in the yea , yea , and nay , nay , instead of the law 's swearing . in the jew the oath was the seal or confirmation under the law : in the disciple , who is in the life , and hath learned the truth of christ the life , the yea , yea , the nay , nay , is appointed him by christ instead of the oath . and though the subtilty and fleshly widom strive hard , to wrest that place out of the hands of the simplicity , yet they shall never be able to do it ; but he that looks on it with a single eye in the light of that spirit wherein it was wrote , shall plainly see christ's drift to be to take away the shadow , even to abolish that use of swearing which was proper and allowed to the jews under the law , and to bring the confession or denial of the thing , the yea , yea , and nay , nay , ( from the gospel-spirit and principle in the disciple ) in the stead of it : which , to make more manifest to the honest , simple , and naked heart , which is willing to take up the will and truth of god in every thing , with all the crosses that attend it , let these few lines following be uprightly considered of . first , that slight , trivial and frequent oaths were not allowed under the law , but forbidden by the law , as a taking of gods holy and dreadful name in vain . secondly , that though vain oaths were then forbidden , yet solemn oaths , weighty oaths ( such as were needful and useful to the thing intended ) were allowed under the law. so in all those cases before expressed , oaths were allowed and justifiable , so that they were but careful to perform them , and did not forswear themselves . thirdly , christ brings in an exception against the use of this lawful swearing under the law , as the word but doth plainly signifie , and forbiddeth swearing wholly , altogether , or at all . the law saith , thou shalt not forswear thy self ( that 's the substance of what the law forbids : it allows swearing , but forbids forswearing ) but i say unto you , ye shall not only avoid forswearing , but swearing also , and that wholly or altogether : but i say unto you , swear not at all . fourthly , christ brings in another thing instead of swearing ( a thing far more sutable to the truth , plainness and simplicity of the gospel ) which is confessing the thing , or speaking the thing in truth , just as it is either by way of affirmation or denyal ; but let your yea be yea , and your nay , nay . and there is liberty enough left to a disciple , to satisfie any man concerning the truth of a thing by a confession , as much as by an oath : for is it not full as weighty , under the gospel to confess the presence of god , or that he is witness , or that we speak the thing in his fear , and in the feeling of his life and power , as it was under the law to swear by his life , by his fear , by his power , or the like ? is not the confessing of god by a christian , of more weight , than the swearing by him from a jew or heathen ? o nations and powers of the earth , seek truth , seek righteousness , and do not set up a form or image of things in your own wills ( and according to your own wisdom and inventions ) above the power of god. and let it be duely considered , whether the powers of this nation deal kindly with the lord , in exacting an oath from his people , who not in the least disaffection to them , but only in fidelity of conscience to christ their lord and master , cannot but refuse it . the question is , concerning their fidelity and obedience to the king , that is the thing which an oath is required to ratifie and confirm . now the swearing it self ( or formal taking of an oath ) is of little value ; but to be obedient , to be faithful , is the thing of value . the case then stands thus : the lord hath so formed them , that they cannot but be faithful and obedient . the lord hath raised up that principle in them , which cannot hurt the king or any man , nor cannot stand by and see him or any man hurt , without endeavouring to prevent it . here is their strength of performing good and avoiding evil ; and their yea and nay from this principle , is the best security which they can possibly give to any man ( and he who hath thus formed them in the pure principle of his life , hath likewise forbidden them to swear ) but this cannot be accepted for want of the other confirmation , to wit , of swearing , which came in by the fall , and was allowed among the shadows of the law , but is forbidden by the gospel . now , o king , shall not god's people be faithful and obedient to the lord as well as to thee ? shall they not be true to the principle of life , wherein they are begotten and brought forth , in the love and good-will to all , and out of enmity to any ? hath god raised up in them a principle which cannot deceive , and will not the yea and nay of that serve ( after so much experience , through so many changes ) but they must either break christ's command , and hazard their souls , or else lose their liberties and estates ? o that men would wait on the lord , for his pure fear to be written on their hearts by the finger of his spirit , that they might come out of the fleshly wisdom into the womb of the eternal wisdom , from whence our principle came ; that they might be able to see and justifie the purity , righteousness , nobility and worth of it , and that they might feel its security from all that is out of the good-will , out of the love , out of the life , and out of the peace , that so there might be an end of all strife , rebellion , heart-burnings , plots , and all manner of wickedness and ungodliness , which have no place in it , but daily waste and wither where it is sown and grows , even till they come to an end , and till righteousness and pure innocency fill the room and place which they had , both in the heart and mind within , and in the life and conversation outwardly . and let every one that nameth the name of the lord , depart from iniquity , and look well to his goings : for the darkness of the thick night of apostacy is already past , and the true light now again shineth . blessed is the eye which seeth it , and the heart which is established in it , in the midst of those terrible and dreadful shakings and confusions , which must not end here , but go over all nations . o that this nation could once bow to it , that it might be happy , and its rents and breaches healed for ever . the end . the christian moderator. third part. or, the oath of abjuration arraign'd by the common law and common sence, ancient and modern acts of parl. declarations of the army, law of god and consent of reformed divines. and humbly submitted to receive judgment from this honorable representative. christian moderator. part birchley, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the christian moderator. third part. or, the oath of abjuration arraign'd by the common law and common sence, ancient and modern acts of parl. declarations of the army, law of god and consent of reformed divines. and humbly submitted to receive judgment from this honorable representative. christian moderator. part birchley, william, - . [ ], p. printed by j.g. for richard lowndes at the white-lyon in s. pauls-church-yard, london, : . signed at end "will. birchley", the pseudonym of john austin. title page and a v in red and black. the words "common law .. divines." are bracketed together on title page. annotation on thomason copy: "july. ". reproduction of the original in the british library. eng religious tolerance -- england -- early works to . oaths -- england -- early works to . a r (thomason e _ ). civilwar no the christian moderator. third part. or, the oath of abjuration arraign'd by the common law and common sence, ancient and modern acts of par birchley, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the christian moderator . third part . or , the oath of abjvration arraign'd by the common law and common sence , ancient and modern acts of parl. declarations of the army , law of god and consent of reformed divines . and humbly submitted to receive jvdgment from this honorable representative . esay . . . . dissolve the bonds of iniquity , take off all heavy burthens , break every yoke , and let the oppressed goe free . then shall your light break out as the morning , and your health spring forth speedily : your righteousnesse shall go before you , and the glory of the lord gather you up . london ▪ printed by j. g. for richard lowndes at the white-lyon in s. pauls church-yard , . the oath of abjvration arraign'd , &c. die sabbathi . . augusti . be it ordained by the lords and commons assembled in parliament ; that all such persons , as being of the age of one & twenty years or above , shall refuse to take the oath hereafter expressed , which oath any two or more of the said committees for sequestration in every county , city or place respectively , or any two iustices of the peace , or the major , baliffs or other head officer of any city or town corporate shall have power to administer to any such person or persons , shall forfeit as papists within this and the former ordinances , and seizure & sequestration of two third parts of all their goods and estates reall and personall , and sale of such proportion of their goods , so seized and sequestred , shall be made , and their rents and estates disposed of , in such manner and proportion , and by such persons , as by the said ordinance of sequestration is appointed for papists . the tenor of which oath followeth . the oath . ia . b. do abjure and renounce the popes supremacy and authority over the catholick church in generall , and over my selfe in particular , and i do believe that there is not any transubstantiation in the sacrament of the lords supper or in the elements of bread and wine after consecration thereof by any person whatsoever ; and i do believe that there is not any purgatory ; and that the consecrated host , crucifix or images ought not to be worshipped , neither that any worship is due unto them ; and also believe , that salvation cannot be merited by workes ; and all doctrines in affirmation of the said points , i do abjure and renounce without any equivocation , mentall reservation , or secret evasion whatsoever , taking the words by mee spoken , according to the common and usuall meaning of them . so help me god . my teares are on my cheekes , and mine eyes run down with water , because the comforter , that should relieve my soule , is far from me : how is the gold become dim , and the most fine gold changed ? how have we looked for the time of healing and behold trouble ? arise , cry out in the night , in the beginning of the watches , poure fourth thy heart like water before the face of the lord , for they have healed the hurt of the daughter of my people slightly , they have still left a dangerous wound even in the heart of our liberty . is there no balm in gilead ? is there no phisitian ? why then is not the health of the daughter of my people recovered ? why are these oathes continued with so sharpe a double edge , that unavoidably they either cut the purse or kill the conscience ? i confesse my own weaknesse in the government of my selfe , i confesse my own ignorance in prescribing to others ; yet the desires of prosperity to this nation have taken such strong hold upon my soule , and i feel my spirit so powerfully drawn forth to advance the things that belong to its peace , that i cannot refrain my pen from humbly and earnestly soliciting a more firm and perfect establishment of the two principall pillers of all flourishing common-wealths , mercy to such as suffer for conscience ; and impartiall justice to all men . as these considerations have engaged me once more to expose the most secret and retired thoughts of my heart to be seen by others ; so i assure the reader this shall be their last appearance in publique , that he may rest secure from all fear of losing his time upon any thing of mine hereafter : but lest i offend too much in the present trouble i give him ; i shall imediatly apply my selfe to my task , and endeavour with a gentle , yet faithfull hand , to open the orifice of the neglected wound , humbly imploring the gratious influence of heaven to govern our great colledge in their grave and charitable consults for the perfect cure of all our sorrowes . and in searching how mortall a stroake such oathes , as this of abjuration , give to the known rights , and priviledges of the people of this land , my method shall be directed by these heads . that they are fundamentally repugnant to the common lawes and ancient statutes of this nation . directly contrary to many acts even of the last parliament , and declarations of the present army . absolutely prohibited by the law of god , and inconsistent with the generall judgement of all reformed churches . magistrates being originally instituted for this principall end , to maintain a just order & harmony in the outward motions of the multitude , it necessarily followes that the generall designe of government is little concerned , what noat we make in our single selves , if we be in tune with our companions . upon which ground the common law of this land directs all its care to rule and treat us , as we are considered in reference to one another , and therefore neither limits our private expences , nor obliges to any course of physick ; because our particular fortunes and health are of very little importance to the publique , and of very much to our selves ; and since nothing is more reasonable then to entrust those with the managery of an affair , whom the issue most concernes , it cannot be denyed , but as this freedom ( without which we were absolute slaves , ) is allowed us in relation to our bodies and estates : so our souls ( as far as may consist with the publique peace ) ought to enjoy a just and proportionable share in the same liberty . much lesse doth the law either punish or reward our thoughts , because they neither disappoint nor advance its ends ; the intention of murther ( though in the highest degree of premeditated malice ) is no way subject to any legall account , if the mischievous purpose stay at the fancy , and proceed no farther to any outward attempt : by which necessary distinction betwixt divine and human jurisdiction , the law religiously preserves its reverence to the great tribunall of god , before whom only , we are to answer for the private errors and secret vices of our hearts , as we are accountable to the magistrate for the open crimes and scandalous actions of our hand● . if any conceive it just to enact a law against erroneous thoughts in religion , with an oath of aburation to make the suspected accuse himself , why should they not as well impose a penalty upon the vicious thoughts of hatred , revenge or ambition : and then force every one to swear whether he be guilty ? certainly magistrates may as lawfully put us to our oathes , whether we have assented to any traiterous thought against our country , or coveted our neighbours goods or wife , as what we think of such a point of divinity . should it be pretended , that the oath of abjuration commits no force upon the mind , but only upon the mouth ; gives free leave to think what we will , if we swear as it commands ; such liberty of conscience ( to believe in our hearts contrary to what we profess with our lips ) nero himself allowed ; such liberty of conscience ( that is , damnable hypocrisy ) is indeed the proper and naturall effect of compulsion upon the conscience : surely by this glorious word ( liberty ) something more is intended to be left us , then what no tyrant can take from us ; surely it ought at least to be so curteously interpreted , that by this kind phrase ( liberty of conscience ) be understood a liberty consistent with conscience ; a condition , wherein every peaceable christian may follow our principles , without renouncing his own honesty : yet i confesse it puzzels all the reason i am owner of , that they who take this oath ( though very credibly against their consciences ) shall enjoy the full benefit of tender consciences ; and if any refuse it ( because against his conscience ) he is wholly excluded from the least mercy provided for tender consciences . besides , this dispunishableness of thoughts arises as well from the impossibility of lawfull proof , as from their innocency in not offending others ; and therefore a secret promise ( though most seriously and deliberatly resolv'd on ) if reserved in the parties own conscience , creates no legall obligation of performance ; which could not be true , if the law did allow any proceeding , whereby the party were compellable to accuse himselfe . and therefore , even in chancery ( though that be a swearing court ) if a bill of perjury be sued upon the statute ( . eliz. ) the defendant shall not be forced to make answer upon oath either to the bill or interrogatories . so if a juror be challenged for partiallity , grounded upon some indifferent and unreproachfull objection ( as kindred to one of the parties , &c. ) he shall be admitted to clear such a question by his own oath ; but if the charge be either ignominous or dangerous , as bribery , &c. the challenger must maintain his assertion by witnesses ; it being unreasonable ( in the wise and moderate judgement of the law ) that any one be enforced to become his own accuser . with these agree many other authorities , all unanimously subscribing to this conclusion , as an undeniable maxime of law , that , none can be lawfully examined upon oath , concerning any thing that sounds to his own prejudice . nay so great an abhorrence has the common law of the parties being forced to prosecute and condemn himself , that it employs an extraordinary diligence to prevent so destructive an abuse ; and therefore in fitzherberts natura brevium , if any had been cited into the spirituall court to accuse himself pro salute animae , as they call'd it , a prohibition lay at the common law to stop and supersede their proceedings ; and it is a case adjudged , that , if in a paenall law , the jurisdiction of the ordinary be saved , as in eliz. . for hearing of masse , the party shall not be examined upon oath before the ordinary concerning that point , because it might becom an evidence against himselfe , if questioned afterwards in the temporall courts , which is a direct authority in the very point out of a book licensed and printed by speciall order of the last parliament , cleerly proving , that as the papists ought to be tryed by witnesses , and not themselves examined upon oath , concerning their going to masse ; so , much less concerning their inward belief , especially when such ruine attends them in their estates , if they dare refuse to sweare against their consciences . it is true by the common law in some personall actions the defendant is admitted ( not compelld ) to his oath , as in case of wager of law , &c. . h. . . of non summons in a praecipe quod reddat , and of garnishment , upon a scire facias , &c. but all these oathes are either voluntarily offered by the party himself , not enforced upon him by the judges , and go in discharge , not condemnation of him ; or else concern only some collaterall passage of little importance to the decision of the main controversie , nor is the least shadow of such practise to be seen in any penall law , which is the only point we dispute upon , and which we here undertake to prove ; a proceeding altogether unknown to our lawes , that any one should be constrained to inform against himself , and so become his own executioner . upon this ground sir thomas moore ( a person compleatly learned in the lawes of this land , and universally famous for courage and resolution , according to his principles ) refused the then new oath concerning the kings supreamacy and divorce , alleadging for his defence at the bar , that he never spake or acted any thing against that statute , and upon this plea he relyed , as an evident justification in law , which never ( said he ) was strained so far as to reach our thoughts ; and for his inward judgement , he freely profest that oath to be against it , offering before the judges to sweare , that the unsatisfaction of his conscience therein was the onely cause of his refusall to comply with their commands . and if we look back upon times behind us , we shall often see the outward words and actions censured by the magistrate , but never the least attempt upon the a inward belief ; though the principles heretofore entertained concerning the use of force in religion have generally been far more rigid , then those we now professe . therefore in the acts of . hen. . . & . hen. . . & . hen. . . ( made even in popish times which we so much condemn for cruelty ) those that began new opinions contrary to the received religion of the nation , are prohibited to preach publickly any doctrine destructive of the established lawes , or by their subtile sermons to draw the people after them ; but not a word of forcing to swear the contrary . they are forbidden to write books in defence of their singularities , or make unlawfull conventicles to the endangering of the publique peace ; but not a sillable of renouncing what they believed in their heart . the statute of . hen. . . layes a forfeiture upon any that by word , writing , printing , publishing , preaching or teaching , shall maintaine any of the opinions in six articles therein prohibited : but not a letter of abjuring their inward perswasion . and what the lord herbert in his history of henry the . saith concerning this statute is worth consideration , his words are these . the six articles being now published , gave no little occasion of murmur , since to revoke the conscience not only from its own court , but from the ordinary wayes of resolving controversies , to such an abrupt decision of the common law , as is there set down , was thought to be a deturning of religion from its right and usuall course ; since the conscience must be taught , not forced ; without that it should at any time be handled roughly , as being of so delicate a temper , as though it suffer an edge to be put on , who doth more , diminisheth or breakes it : besides to make the contravening of doctrines , to be capitall , before they be fully proved , is prejudiciall to that liberty , without which none can justify himself before god or man : for if it be death ( and sequestration is a kind of death ) to believe otherwise then wee are commanded ; how unsafe will it be to make exact enquiry ? and without it , who can say his religion is best ? besides the example is dangerous ; for if infidels and heathens ( to retain their people in obedience ) should do the like , who would ever turne christian ? therefore cranmer for three dayes together in the open assembly oppos'd these articles boldly , &c. thus far this learned historian . the statute of edw. . . ( in the beginning of the reformation ) continued the same stile of punishing only the outward act , whilst it declares , if any shall deprave , despise or contemn the sacrament of the altar ( so called in the act , according to the language of those times ) he should suffer imprisonment and make fine and ransom at the kings pleasure . in the statutes of . eliz. . & . eliz. . it is enacted ; that if any person shall by writing , printing , teaching or preaching extoll , &c. the authority of the bishop of rome , or by any speeches , deed or open act attribute any authority here in england to the said bishop , hee shall incur the penalty mentioned in that statute . agreeable to the former statutes is ( eliz. c. . ) being the act made for the subscription to the articles of religion , then newly modelled into a publique forme of confession of faith . the words of the act are these . if any such ecclesiasticall person shall advisedly maintain or affirme any doctrine directly contrary or repugnant to the said articles , and shall persist therein and not revoke his errour , such maintaining or affirming and persisting , shall be just cause to deprive such person of his ecclesiasticall promotions . upon which statute these things are observable . first , that these subscriptions being concerning matters of faith are required of schollers and divines upon their pretence to church preferments , not of lay persons , to dispossesse them of their temporall inheritances . secondly , they must maintaine or affirm some doctrine opposite to these articles , to bring them within the penalty of that law . so that the believing only of the contrary is not sufficient . thirdly , such maintaining or affirming is to be voluntary , and not drawn out of them by the rack of an oath . fourthly , it , being made a cause of deprivation , must be by witnesses , and not by the enforced abjuration of the party . fifthly , they are to lose only their ecclesiasticall promotions , and not to be deprived of their temporall estate . not one of these so rationall and necessary cautions is at all now considered in the modern proceedings against papists ; but the most unlearned tradesman and ignorant woman amongst them are compel'd to accuse themselves , their judges never asking after witnesses ; and this under forfeiture of full two thirds of all their goods and lands . and even in the last parliament many ordinances have followed the same way of prohibiting externall disorders , occasioned from difference in opinions , but not precisely for the bare difference in opinion ; as that of the aug. . made by the lords and commons . wherein it is ordained , that what person soever shall endeavour to bring the directory into contempt , or raise any opposition against it , or shall practise , write or print , or cause to be written or printed any thing in derogation or depraving of the said directory , shall lose and forfeit for such offence such a sum of money , as shall at the time of his conviction be thought fit to be imposed upon him , by him before whom he shall have his tryall . conformable to this was an order made in parliament decemb. . . the parliament taking into consideration , that some anabaptists and other sectaries have disturbed the ministers and congregations in some churches of this realme , in disparagement of the lawes , statutes and governments thereof , do order that the constables and headboroughs within their severall parishes , &c. shall arrest the bodies of all such persons as shall disturbe any ministers in holy orders , whilst he is in place of exercising his publique calling , by speaking to him , or using irreverent gestures or actions ; and that they carry the bodies of such offenders before some justice of peace of the same county to be dealt with , as to justice shall appertain . so likewise . aug. . it is enacted , that every person that shall presume avowedly by words to professe , or shall by writing proceed to affirm any blasphemous , atheisticall or execrable opinions derogatory to the honour of god , such persons so avowedly professing , maintaining or publishing the said opinions or any of them , shall incurr the penalties of the said statute . which shewes plainly that the last parliament thought it not fit to punish any for erroneous opinions , ( though of the highest nature ) if the party shall onely believe them in his heart , and keep them within his own breast . lastly , ( as a finall decision of this point and full satisfaction of those objections , which some make against the validity of an ordinance ) it was enacted ( car. ) by the king , lords , and commons , that no person whatsoever exercizing any ecclesiasticall ( much lesse temporall ) jurisdiction shall tender any oath to any person , either ex officio or at the instance of any whosoever , whereby he may be charged to confesse or accuse himself of any crime , and so expose himselfe to punishment : then which no clearer or more definitive sentence can be imagined . and ( which is very observable ) never in former times was any abjuration required , but of such , as were first legally convict of heresy ; never till these times , was the abjuration it self made the conviction , and therefore in the statute of hen. . . these two conditions are punctually exprest , that in case of abjuration the opinion to be abjured be a known heresy , and the party to abjure be legally found guilty , before they proceed to exact his abjuration . according to this tenor run many other statutes both ancient and modern , which my design of brevity enforces me to omit , and the full sufficiency of the lawes already cited renders altogether unnecessary ; only i shall desire leave to extract these few sound and excellent words out of the petition of right , car. that no free men be compelled to take any oath , not warranted by the lawes of the realme . this being then concluded , that thoughts are free from all humane lawes , and self accusation contrary to the english lawes ; it is very suitable to our method , to consider next what provision our common-wealth has made for discovery and conviction of offenders ; wherein after i have slightly toucht some of the arguments mentioned in the first part of this moderator , i shall pass on to those aditionall reasons i have since collected , and that the way of indictment and conviction of witnesses and jury is the only proceeding owned by the fundamentall lawes of this land , is abundantly proved by the chief author and surest defender of all our liberties , magna carta , so often confirmed in our ancient parliaments , so reverently upon all occasions cited by the last : where every english man may read with joy these precious words . no free man may be arrested or imprisoned , but by due proces of law . no man shall be put out of his freehold by either the king himself , or any commissioners , but every ones right to be tryed by a jury of his equalls . of which happy-freedom the papists ( who long since procured it for this nation ) enjoy not now the least shadow . ed. . . it is enacted that no man from hence forth shall be attached upon any occasion , nor his lands , tenements , goods , or chattells seized against the form of the great charter or against the law of the land . to this regular form of proceeding thieves and robbers have a cleer and allowed right , only papists upon the single account of religion are altogether excluded . . ed. . c. . none is to be convicted of any offence , unlesse by indictment , or presentment of good , and lawfull men , where such offence is supposed to be done . this justice every murtherer can claim and no judge dare deny ; only the papist whom we can accuse of no other crime ; then difference of judgement in religion , is forced to convict himself by his own oath , without the least colour of any legall indictment , so expresly contrary to the known lawes and ancient liberties of this nation . . ed. . c. . no man of what condition or estate soever shall be put out of his lands or tenements without being brought to answer by due proces of law . this priviledge the most triviall fellow , that has but a cottage to hide his head in , may uncontrollably challenge , and god forbid it should be refused him ; but then how is it reasonable that recusants ( many of them persons of very considerable , quality ) be dispossest of so great estates , upon their own enforced oaths without any due process of law ? . ed. . cap. . it is enacted that the great charter shall be held , and kept in all points , and if any statute be made to the contrary it shall be void . nay so great account have our wisest ancestors made of this magna carta , so carefully provided for its preservation and universall observance , that it has no lesse then times been solemnly confirmed by authority of parliament , as is at large declared in sir ed. coke's . report fol. . b. and in his . report fol. . b. . ed. . cap. . it is enacted , that no man shall be put to answer without presentment before justices or matter of record , or by due proces , according to the law of the land , and if any thing from henceforth be done to the contrary , it shall be void in law and holden for error . no court disallowes this advantage to the worst of traitours ; no committee allowes it to the quietest of recusants . all these so excellent lawes ( such as no people under heaven enjoy ) were made when the legislative power was absolutely in the hands of papists ; all these priviledge ( so high and extraordinary that they deserve the name , rather of the peoples prerogatives then their liberties ) the papists obtain'd and establishd in their times , & carefully transmitted to their posterities : all these wise and prudent cautions ( which so safely fence and preserve our common freedom from the encroachment of arbitrary power ) were providently contrived by the papists , and from them are happily descended upon us . and shall we now , ( having reform'd their faith ) forget our own reason so far , as to deprive our brethren of the benefit of those lawes , which their fathers made , only because they resemble them most in religion ? shall we so far yeild to passion , as utterly deny them the immmunities of their ancesters ? or can we possibly arrive at this degree of partiality , as not permit the greatest malefactor to be his own accuser , and yet enforce the most peaceable recusant to be his own condemner ? nay though the thief ( arraign'd at the bar ) confesse his guilt , our judges mercifully decline to condemn him , without some testimony of witnesses : but if a recusant will not voluntarily both arraign and condemn himself , the practise of haberdashers hall is , ( without thinking of further proof ) immediatly to proceed to execution . nor was this tendernes towards the liberty of the subject regarded only in those old dayes , but we have fresh examples of a greater zeal and jealousie , then ever those times were acquainted with ; for in the great petition of right ( . car. ) all these statutes were particularly recited and earnestly insisted upon by the parliament then assembled . and yet a fresher instance is that of the last parliament , who ( in their act for regulation of the privy councell and abolition of the star-chamber ) did punctually repeat again all those statutes , and rely upon them as the fundamentall and unchangeable law of the land . besides , whereas copy-hold estates by the ancient lawes and customes of this nation , were never comprehended within the generall words of any act of parliament , which alters the interest of the land or the custome of the mannor , to the prejudice either of lord or tennant , as is resolved in sir edw. coke's second report , fol. . sir fran. more's reports . , &c. because no stranger can become tennant of any copyhold estate , without the lords speciall assent and admission ; for which cause no copyholds were ever lyable to any execution of statutes or recognizances in debts or formdon , nor were within the statute of hen. . cap. . for heresy , nor were seizable within the statute eliz. cap. . nor . jac. cap. . for recusancy ; yet ( contrary to this ancient fundamentall law ) the copyhold estates of every suspected recusant are seized upon and sequestred , although there be no ordinance or act of parliament expresly warranting any such proceedings . thus have we clearly demonstrated , that the onely course allowed by the law for determination of all controversies , is the ordinary proces by writ in civill causes , and by indictment in criminall and in both by witnesses and a jury of the neighbourhood , where the scene of the question lies . and now we shall fully satisfy our undertaking , if we can also prove that the late parliament often engaged by solemn acts and declarations to maintaine the lawes of the land . wherein it is impossible for any that can reade english , to retain the least doubt , when he has perused these few citations . may , . the lords and commons declare , that they will be very tender of the lawes , which they acknowledge to be the safegard and custody of all publique and private interest . october . they further declare , that they must owne it , as their duty , to use their best endeavours that the meanest of the common-wealth may enjoy their own birth-rights , freedome and liberty of the lawes of the land , being equally entituled thereunto with the greatest subject . november . they further declare , that slavery must be the peoples condition , if the two houses should goe about to overthrow the lawes of the land and the property of every mans estate . . may . if such things may be done by law without due proces , the subject hath a very poor defence , and a very small , if any proportion of property thereby . april . the parliament declared , that they will not , nor any , by colour of any authority derived from them , shall interrupt the ordinary course of justice . the parliament declared , that they will preserve unto the people their lawes , and will govern by them . and before and after they severall times declared , that the lawes of the land are the undoubted birth-right and inheritance of the meanest subject . by a speciall act , the parliament of england declared , that they are fully resolved to maintaine and preserve the fundamentall lawes of this nation , for and concerning the properties of the people with all things incident thereunto . now after all these ordinances , who could be so undutifull as to entertain the least fear of being ever hereafter forc'd to accuse himself ? upon these so many so solemn declarations , who could have excused the presumption and perversness of his heart , if he dared to doubt of their observance ; especially since the parliament did not proclaim to us its sence by bare words , but advanced farther to severe executions , and by the example of the earle of strafford strictly prohibited the introducement of any novelty in the practice of the law . against whom the parliament in their third article brought this charge , that he had proceeded summarily in the matter of the lord mont-norris ; and in the sixth article , his accusation was , that he had dispossest the lord mont-norris of his lands by a summary proces contrary to law ; and in the seaventh article the like charge was againe repeated ; that hee had deprived the lady hibbots of her possessions by a summary way of proceeding . these misdemeanours ( though not the only crimes of which he was accused , yet ) added such a weight to his other offences that altogether they sunk him into his grave . in the whole course of whose tryall i meet with nothing more worthy to be staid upon , then this consideration ; that the parliament did not so much urge against him the illegality , as the unlawfulnesse of his proceedings , nor condemn him barely for want of a commission or authority , but because his actions were in themselves tirannicall , and dangerous encroachments upon the fundamentall liberty of this nation ; yet he examined witnesses , but after a fashion of his own devising , and left the common road of tryall by the verdict of a jury . and can there be a more summary proces , then to accuse any whom we suspect of a crime , and ( unlesse he immediatly sweare himself unguilty ) immediately condemn him , as guilty ? can there be a more quick and cutting dispatch , then in half an houre to turne a just owner out of his ancient possession , because he will not swear against his conscience ? and ( which is yet worse ) can there be a more compendious ( if not preposterous ) way , then first to seize upon and secure the estate , and then hear the party speak for himself ? yet these are the express instructions to the committees for sequestrations in the year . that where they find any doubt concerning any person whether hee be comprehended within the said ordinance ( for sequestration ) they are to certify the same to the committee of lords and commons for that service , and in the meane time to secure the estate of such persons , untill they receive further instructions . and now when i consider the office of a parliament , which is principally to reform the abuses , that time ( conspiring with our corrupted nature ) brings into the administration of the lawes , when i consider the quality of the last parliament , professing so scrupulous and precise a respect to the preservation of our ancient liberties : i cannot sufficiently wonder from what cause this unhappy effect should flow , by which a free-born english-man is compell'd to be his own accuser in matters of so tender a nature , as conscience and religion , and of so high a concernment , as the utter impoverishment of himselfe and his family ; but after a little ranging about i soon discovered the fountain head in a dark hollow place , where three or four hundred springs of fresh water met together in one channell , of which , some having passed through hot and sulphurous veines , quite changed the tast and colour of the rest , and the stormy weather of that season quickly raised the whole stream into a fierce and violent current , whose fury soon broke the common banks and bore down all before it like a deluge . the truth of which metaphor , is as easily proved , as the sence of it understood ; being no more then that the introducer of this cruell oath , was an ordinance hastily huddled up in the destroying time of presbytery and war . for then it was , that where the people had thrown in their rings and jewels , there came forth the golden covenant , before which all the nation must fall down and worship . then it was the presbyter-divines petitioned both houses for a perfect reformation and settling of the kirk discipline and classicall government . then it was that penalties began to be imposed upon all refusers of the covenant , and none to bear office but such as had taken the covenant ; nay all be punisht as spyes , that deny'd to take the covenant . not long after was published the directory or new almanack to pray by , taken out of the ephemerides of scotland , and calculated for the elevation of the new kirk of england by the assembly of well wishers to divinity . not long after were the apocriphall elders brought in , and tyrannicall classes erected ; both the houses declaring their intentions to settle religion in the purity thereof according to the covenant , which surely was a mistake in the printer , to say covenant instead of the word of god . thus plainly it appeares , that the presbyterian starres ( or comets rather , by the shortnesse and terrour of their blaze ) raigned in the firmament of our state at the birth of this unlucky oath of abjuration , and long after . the second branch of the task i undertook was , that these suddain and sharp proceedings of sequestring upon the bare refusall of an oath , without any legall process , were occasioned by the exigencies of the war ; an assertion most fully and evidently proved by the first ordinance against delinquents and papists ; in the preamble whereof the lords and commons ( reciting the calamities of the war ) declare , that all the sequestred estates should be applyed towards the supportation of the great charges of the common-wealth ; and in the first instructions to the committees , they are charged to use their best care and diligence for the speedy execution of the ordinance for sequestration , as being a matter of great necessity and importance for the subsistence of the army . and observing some slowness in the committee , the earl of manchester ( a commander in chiefe ) was empowred to execute that ordinance ; and the sequestrators commanded to pay the money they raised , to the committee of the army . one other argument there is , that inclines me to believe the parliament intended this ordinance only as a provision in those distracted times , and not as a standing law for ever ; else surely they would never have put into their commission so slight a thing as a bayliff of a corporation . were it handsome that the mayor of rising should come down from thatching some triviall ale-house , to tender the oath of abjuration to the noble earle of arundell ? or indeed how should a common tradesman ( whom without breach of charity we may presume can neither write nor read ) know what he does , when he commands others to forswear such hard long words , as supremacy , purgatory , and transubstantiation ? what shall we ( that accuse the papists of blind obedience ) say to our selves , when our very leaders are so short-sighted ? t is true , all these fair and just exceptions are fully answered by this one word necessity , a heteroclyte that hath no rule , no law , and therefore , as it is without law , to be judged without law . but then at least it ought to be a law unto it selfe , that is , confined to circumstances , wherein there is a true and reall necessity , and therefore during the furious violence and careir of war , such summary proceedings ( to prove without witness and condemn without jurors ) might easily find excuse , but being restored now to a perfect calm and universall peace , we are certainly obliged to return again to the known english tryall by indictment and conviction , and not continue still throwing our neighbours goods over-board , so long after the storm is ended . if any object , though the reason of necessity remains now no longer , since the gates of westminster hall are open , and the old crowd of suitors march peaceably there under the scotch colours ; yet the supream authority of the nation is bound to render no other account of their acts , then the french king of his edicts , which alwayes close with this frank and resolute period , car tel est nostre plaisir . i reply , first , that such objection seemes rather to accuse the government of tyranny , then faithfully defend its authority ; no sound approaching so nigh antipathy to an english eare , as that of being under an absolute and unlimited master , whether that boundlesse and uncontrollable power be lodged in the single person of a king or the multiplyed of a councill . when by the change of circumstances , any law becomes unfit to be continued , we are not forbidden to represent , even to the highest powers , our reasons for a repeale ; if we carry our addresses with such regard , that they appeare to intend a reformation of the errour , not correction of our superiors . in which respect , never did any parliament give such high hopes of a thorow redress , as that which lately sate , by erecting so carefully those two grand committees for regulating the law and propagating the gospel , by inviting so solemnly all that would offer their proposalls to come into their assistance . and as the whole nation remains infinitely bound to the solicitude of the army , for whose satisfaction both those committees were establish'd : so are we all no less oblig'd to the zeal of the generall , by whose personall presence every day at that of religion it received so great countenance and encouragement . and therefore i shall not entertain the least suspition that these few thoughts of mine should beget any offence , since they aim only to propose the unsuitableness of this new uncharitable oath of abjuration to the ancient and best lawes of the land . even the pope admits his subjects ( when they apprehend some errour in the proceedings ) to appeale from himselfe mis-informed , to himself better informed and yet we call his absolute ness , a tyranny , and their obedience , blindness . how much more then may those true lovers of their countreys happiness promise themselves security , if not acceptance from the parliament , who either by humble petition or other modest and untumultuous way represent to their consideration any mis-practiseor inconvenience , which in time might prove a dangerous precedent to the just liberties of their country . what ever the supream authority of a nation may by absolute prerogative command , yet the supream authority of this hath alwayes disclaim'd such arbitrary dominion , as tyrannicall , and often engag'd by most solemn declarations for the perpetuall continuance to the people of the lawes they are acquainted with ; amongst which as there is none more fundamentall and singular to the nation ▪ then the ancient tryall by witnesses and verdict , so we shall still endeavour to make more evident so important a truth , by proposing a short paralell betweene this oath of abjuration and that ex officio . in the grand petition signed by the . lords , and presented to the late king at york , we find this recorded as one of the principall grievances ; that many innovations in oathes and canons had beene lately imposed upon the clergy and other his majesties subjects , &c. in redresse of which mischievous encroachment upon our just libertyes , the late long parliament enacted ; that no person exercising any ecclesiasticall power or authority shall ex officio or at the instance or promotion of any person whatsoever urge , enforce , tender , give , or minister to any person whatsoever any oath , whereby he shall or may be charged to confesse or accuse himselfe of any crime , offence , delinquency , misdemeanour , matter or thing ▪ by reason whereof he shall or may be lyable to any penalty or punishment whatsoever . before which statute ( viz. . ) the unreasonableness and illegality of that oath had been clearly convinced by a learned treatise of oaths purposely written against it , as also by m. fuller in his arguments at the then kings bench against some branches of the high commission court ▪ both which pursued their points so efficaciously , that the grievances they opposed were unanimously condemn'd as intollerable abuses . and certainly no mathematicall demonstration can bear a higher and clearer evidence , then that the principall reasons ( which i have here collected out of both those treatises ) against that oath ex officio are more strongly appiable to this of abjuration . thus then they begin their just charge upon that unjust oath . first , that contrary to the law of nature and the fundamentall lawes and customes of this nation , the party examined is thereby forced to sweare against himselfe in a criminall cause before he knows his accuser , and consequently compell'd to be instrumentall to his owne punishment . this was condemned in the beginning of the last parliament with infinite applause , as a most unsufferable tyranny ; but the oath of abjuration far exceeds it , even in its two worst qualities , cruelty and illegality . every recusant ( whose conscience cannot down with the oath ) being unavoidably necessitated either to ruine his soul by taking it against conscience , or his estate by loss of two thirds , if he refuse it : wherein there is one circumstance practised , that raiseth this oath to a most exorbitant unconscionableness ; for as to those , whose judgements take any other road , as antinomians , socinians , or even jewes , their course is smooth and free , but if we espy one whom we guess to be a papist , and whose conscience we think is not plyant and nimble enough to leap over the block , then presently this break-neck oath of abjuration is clapt in his way ; against which our own hearts ( if we but lay our hands upon them ) will tell us , he must necessarily either stumble into a desperate poverty , or ( which is worse ) fall down-right into a damnable perjury . the oath ex officio was aver'd to be a meer alien , introduc'd by the prelates , upon pretext of purging their provinces of seduc'd people ; but indeed to maintain their hierarchy and tyrannize over the consciences of all dissenters contrary to law and equity ; this of abjuration is a greater stranger , never heard of till , when the presbyterian faction thought it a fit engine to skrew up their intended kirk-tyranny . by the oath ex officio , men were examined upon captious questions concerning their very thoughts , to the sifting and ransacking of their hearts and consciences , and were therein subjected to a farre greater tyranny then that of the spanish inquisition , which extends to words and actions onely . this of abjuration compells even women and illiterate persons positively to renounce ( by meer adventure or implicite faith ) many controversiall doctrines , about which the greatest divines of europe have so long disputed , and are like perhaps never to agree ; nor is this oath contented with a modest and simple professing , that they do not believe there is a purgatory : but absolutely exacts of them to swear down right there is none , in the last period of the oath , where they are enforced , to abjure and renounce all doctrines in affirmation of the said points . for my part , as i thinke it a wilde conceit , to hold there is a new world in the moon ; so i am sure it is a desperate presumption positively to swear the contrary . that oath ex officio ( being commonly tendered to such as are suspected guilty of the crimes , whereof they are to cleer themselves by their own oath , or otherwise to undergo a penalty ) must in all probability be an occasion of frequent perjuries , to the losse not only of many soules , but to the great abuse of the name and majesty of god . this of abjuration exposes men to the same danger , and god to the same dishonour ; and besides hath been so far from ever gaining any true convert to the protestant religion , that it hath made many swear away that little religion they had , and ever after professe none : for such indifferent and luke-warme papists , as take this oath , usually say , they will rather trust god with their soules then the common-wealth with their estates . whence certainly it was that the famous judge , sir edward coke , breaks out into this complaint ; experience now proveth , the consciences of men are grown so large , that the respect of their private interests and commodities doth for the most part induce them to perjury . according to which he there sets it down for a rule , that , to swear in a mans owne case is frequently in this age , the devills precipice , whereby to throw men headlong into hell . and yet to these straits ( which my heart even bleeds to think ) hath this cruell oath of abjuration driven all recusants , live they never so peaceably and unoffensively ; this dangerous snare ( for it deserves no milder name , since we never think of endeavouring by any rationall motives to perswade them out of their errours ) lyes continually before their feet to entrap them . where is our charity to christians , professing the same saviour , and believing the same scriptures , with our selves ? where is our justice to neighbours , equally entitled by their birthright to the same freedom with our selves ? is the extraordinary liberty , we held forth to all the world , shrunk into this narrownesse , that any peaceable person , who professes the gospell of christ ( though in some things mistaken ) should by us be compel'd to this sad necessity , either of absolute forswearing himself , or utter impoverishing his family , which in plain english signifies ( i tremble to utter it ) either devill take his soul , or sequestrator his estate . i acknowledg this a very harsh expression , but he that reflects upon the generall proceedings hitherto with recusants , that we appoint no godly and gifted men to convert them , but only committeemen to ruine them , will i feare finde too much truth in my words . upon occasion of the oath ex officio , a learned member moved in parliament , ( december , . ) that the law might punish , not make offenders ; that words and actions might be subject to law , but thoughts be free . another of the same learning and dignity ( in a speech in parliament against the oath ex officio ) set upon it this publique brand , that it was grown monstrous , and become indeed no other then carnificina conscientiae . upon the same ground was built the fourth article of the charge against the bishop of bath and wells , that he questioned one master james a minister of his diocesse , not only for matters of outward fact , but likewise concerning secret thoughts . all which extream and unsufferable inconveniences i confesse are so evidently appliable to the oath of abjuration , that you need but only change names , to make them exactly true of either except that in the one both far more difficult questions are required , and far greater penalties imposed , whereas in the other , the point in doubt was very easie to resolve , whether you had slept with your neighbours wife , and the punishment a little peece of money to repair pauls . and certainly it was with reflection upon this oath of abjuration , that the learned master hobbs sayes , there is another errour , to extend the power of the law ( which is the rule of actions only ) to the bare thoughts and consciences of men , by examination and inquisition of what they hold ; whereby men are either punished for their very thoughts , or constrained to answer an untruth for fear of punishment ; by which meanes they are forced to accuse themselves of their opinions , which is against the law of nature . nor doth this oath of abjuration extort the secret thoughts only , but compells the renouncing of some positions , which ( in the opinion of divers venerable writers ) are more receivable , then the doctrine of some avowed protestants . i instance in the point of transubstantiation ( one of the articles to be abjured ) which a calvin sayes is more rationall then the doctrine of consubstantiation , and yet this the lutherans ( our brethren ) unanimously hold . b hospinian ( another protestant writer ) sayes the like ; and c beza acknowledges transubstantiation to be an inevitably consequent of the doctrine of the reall presence , which all lutherans maintain , and is not against this oath . how then comes it to passe that the reall presence in the lords supper may be lawfully , at least safely maintained , which many protestants herein england do , and all lutherans every where ; yet under most severe penalties the intrinsick belief of transubstantiation must be abjur'd , which ( in the judgement of those famous reformers ) is an inevitable consequence of it , and more rationall , then the opinion of consubstantiation , yet this may be defended without being subject to the least question ; nay more , there is no oath nor penalty against the publique professing of consubstantiation , no nor against the publick practise according to that opinion , and yet the very inward belief of transubstantiation is made so heinous a crime , so severely punishable , that they who are but lookers on , and only see the burthens laid upon refusers of this oath , feel in their brests a certain instinct by which they protest themselves secretly and strangely enforc'd to grieve and sigh at the cruell and rigorous proceedings even of their own party . and that this compassion towards sufferers , upon the account of religion , rises not so much from softnesse of nature , as from the tendernesse of the spirit , will certainly finde an easie belief , if , in stead of a flock of tame and weeping women , we can pick out an army of victorious soldiers , whose courage neither knows to fear the face of such as threaten war , nor conscience endures to force the heart of those that will live in peace ; of which too evident truths , if any deny the first , let him read their past victories , if doubt of the second , i desire him to peruse their following declarations . now to the comfort and even amazement of the spirit , let us contemplat the constant pious intentions held forth by the army . no sooner had their many victories rendred them the terror of the world , ( our own as fearfully as neighbouring nations expecting what great designe of blood they next would enterprize ) but they threw aside the cruelty and ostentation of conquest , and took into themselves the bowells of mercy ; they presently look'd round about them on their afflicted christian brethren : and , knowing nothing more precious , nothing more comfortable to the godly then liberty of conscience , by their frequent declarations to the world , and zealous addresses to the late parliament , they manifested how unalterable they were in their holy principles . no licentious avarice emboldned them to divide the spoile , no wantonnesse provoked them to surfeit with the fruit of the land they had subdued ; so far from growing insolent with successe , that even their enemies have confest , there was never in any age known so great a modesty in so continued a victory , nor such excellent discipline in a conquering army . their own interest never regarded by themselvs , only to improve the quiet & repose of the consciencious , was their endeavour , which they pursued with so religious a noble courage , that they took their lives into their hands , and with the greatest hazard to self-preservation , removed that power which grew sloathfull , and halted in the way of godlinesse , and have moddel'd such a government , as shall intend chiefly to give balsome to the many wounds of the afflicted . this relief is the expectation and hope of many consciences now in anguish and tribulation , who cannot but with comfort remember , how the army ever had that compassion which the clergy wanted , and the millitary piety hath beene still eminent above the civill or ecclesiastick . what their godlinesse will be , we cheerfully and confidently expect ; what hitherto it hath , these ensuing expressions will declare . it was humbly desired by the army ; that ( according to the declaration of the parliament , promising a provision for tender consciences ) there might be some effectuall course taken according to the intent thereof , and that such , as upon conscientious grounds differ from the established formes , may not for that be debarred from the common rights , libertie and benifits equally belonging to all , as members of the common-wealth , whilest they live soberly and inoffensively to others , and peaceably and faithfully to the state . likewise , that sufficient care be taken for the liberty and protection of those , who cannot submit to the externall worship of this nation , though otherwise conformable to the civill power and authority therof . they desired , that an act might be passed to take away all coercive power extending to any civill penalties upon any , for matters of conscience ; and expresly , that papists be subject to punishment , onely for disturbing the state , and that men may not be compelled to take any oath against their judgement and consciences , but that all orders and ordinances to that purpose may be repealed . that none may be compelled by penalties to answer to questions tending to accuse themselves ; and that consideration might be had of all statutes and ordinances , imposing any oaths , and that they might be either repealed or at least so qualified , that they might not extend or be construed to the molestation or punishment of religious and peaceable people for non-conformity to fixed formes , bounds , and limits , thereby to confine gods holy spirit ; as if religion consisted more in such outward formes and rites , according to the manner of moses , then in power and vertue according to the gospel . againe , that matters of religion and the wayes of gods worship are not by them intrusted to any humane power , because therein they cannot remit or exceede a tittle of what their consciences dictate unto them , to be the word of god , without wilfull sinne : neverthelesse the publique way of instructing the nation , so it be not compulsive , is referred to the discretion of the parliament . his excellency and council of war declare , that the covenant be not enforced , nor any penalties imposed on the refusers , whereby men might be constrained to take it against their judgements , but that all orders & ordinances to that purpose might be repealed . that consideration be had of statutes , laws & customes of corporations , imposing any oaths , & that they may be either repealed or so qualified , that they may not extend or be construed to the molestation or ensnaring of religious & peaceable people , meerly for a non-conformity in religion . again his excellency thus learnedly and religiously , if outward things may not be contended for , much lesse may the doctrines of faith ( which are the works of grace and the spirit ) be endeavoured by unsuitable meanes : he that bids us contend for the faith once delivered to the saints , tells us we should doe it by building up our selves in the most holy faith , not pinning it upon other mens sleeves , keeping our selves in the love of god , not destroying men , because they will not be of our faith , &c. as for the people ( speaking of ireland ) what thoughts they have in matters of religion in their owne breast , i cannot reach , but thinke is my duty , if they walke honestly and peaceably , not to cause them in the least degree to suffer for the same , but to endeavour to walke patiently , and in love towards them ; to see if at any time it shall please god to give them another or a better minde . and in a letter to the then governour of rosse in ireland , his excellency ( speaking of religion ) sayes , he meddles not with any mans private conscience . the army further declare , that they doe not impower or intrust their representatives to continue in force or make any lawes , oaths , or covenants , whereby to compell by penalties or otherwise , any person to any thing , in or about matters of faith , religion , or gods worship , or to restraine any person from the profession of his faith , or excercise of religion , according to his conscience . or to punish any person for refusing to answer to questions in criminall causes . these declarations of the army were seconded by a petition from the cityes of london and westminster , & burrough of southwark , to the parliament , in these words , that they would exempt matters of religion and gods worship from the compulsive and restrictive power of any authority upon earth , and referre them to the supream power of almighty god . and that the parliament would not proceed in making ordinances , or lawes , or in appointing punishments concerning opinions , wherein themselves may easily be mistaken , &c. on all oportunities , thus hath the army declared what was the light they walk'd by in the dark thorny wayes of their precedent dangers ; and in the endeavour that every conscience may have a comfortable repose , they continue constant still , and vigorous ; nor can there be the least suspition of straying from these religious principles , having for their guide , his excellency , who hath fought his enemies as much into confusion , by an unexampled regularity of manners , and holy encouraging to piety , by frequent exhortations , tears , and prayers , as by the sharpnesse of his sword , and a courage ever invincible . our next progresse shall be to evince the truth and holinesse of these principles of the army , against the enforcing of oaths , & coertion in religion , to be clearly establish'd upon that sure foundation the law of god . of which three words , being of greater weight then three thousand volumes of mens discourses , i shall content my selfe , and hope to content my reader with the citation of these few texts ; one witnesse shall not rise up against a man for any iniquity , fault , &c. ( much lesse shall a man rise up against himself ) but in the mouth of two or three witnesses shall the matter be established ; which rule is confirmed in the gospel , in the mouth of two or three witnesses shall every word be established , and our lord christ himselfe said to the woman accused of adultery , where be thy accusers , if they condemn thee not , neither do i. in the proceedings upon this oath of abjuration , there is no accuser , no witnesse ; the party himselfe must be both against himself ; and what can be more opposite to scripture , then such enforcement ? and that carnall men , and they , who build on the authority of academick learning , may see how abhorring to truth all force and violence offered to the conscience is : let their patience go a little forward and finde what have been the opinions of the most eminent divines in the reformed churches . none are to be compelled to professe the true religion , by imprisonment or losse of goods ; the magistrate ought to force no man to subscribe articles concerning religion , but that is to be left to the grace of god in every one , as the lord shall direct . the magistrate misuses his power , if he impose lawes upon our consciences ; for paul did not subject the consciences of christians to humane lawes , but to the ordinances of god . men are to be perswaded to religion by reason , not compelled thereunto by punishment : the gospel allowes not the law of compulsion to be put upon the conscience , but only of councell and exhortation . the scripture commands , that they who are weake in faith are to be borne withall , untill the lord shall reveale unto them all such things wherein they are ignorant , and in the meane while they ought to be instructed , not punished . all men erring from the true religion are to be reclaim'd by fatherly exhortations , hearing the word , and good instructions , not by force & violence . the lord hath definitively declared , that the magistrates are not fit judges in matters of religion , and therefore hath interdicted them all use of such jurisdiction , and reserved it to himselfe , who at the last day by his angels shall separate the tares from the wheat . god alone is lord of the conscience , and hath left it free from the doctrines and commandements of men , which are in any thing beside his word in matters of faith : so that to believe such doctrines , or to obey such commands out of conscience , is to betray our liberty of conscience , and the requiring of an absolute obedience , is to destroy liberty of conscience and reason also . faith hath no relation unto , nor dependency at all upon compulsion and commandement , but onely upon certainty and probability of arguguments , drawn from reason , or from something which men beleeve already : therefore the ministers of christ in this world have no power to punish any for not beleeving ; since paul himselfe professeth , we have no dominion over your faith . faith ( both in respect of the object and of the assent ) being the free gift of god ; which man can neither give nor take away by promise of rewards nor menace of tortures . there is no coercive power left by our saviour upon earth in matters of religion , but onely a power to proclaim the kingdome of christ , and perswade men to submit themselves thereunto , and by precepts & good counsel to teach them that have submitted what to do , that they may be received into the kingdome of god when it comes , &c. q. eliz. in her owne private judgement often declared , that she never thought it fit that the consciences of her subjects ought to be enforced ; albeit the bishops prevailed with her against her own judgment to the contrary . nothing is more against religion , then to force religion ; for as paul saith , the weapons of christian warfare are not carnall ; humane violence may make men counterfeit , but cannot make them beleeve , and is therefore fit for nothing but to breed form without , and atheisme within ; and infinite prejudice to the kingdome of christ , and consequently to the propagation of the gospel doth follow thereby . such who have their portions in this life , who serve no higher state ; then england , nor this neither any farther then they serve themselves , who think of no other happinesse , but the preservation of their owne fortunes in this world , and of no other meanes to preserve states but human policy , and beleeve no other creed , but regi aut civitati imperium habenti , nihil injustum quod utile , such it may become to maintaine by worldly power , and violence their state-instrument religion ; but they , who are indeed servants and lovers of christ , know , that to no state any thing can be profitable , which is unjust and that nothing can be more evidently unjust , then to force men to the profession of such points of religion , which they beleeve not . they who run into extreames in opposition to the church of rome , they who put downe the infallibility of the church of rome , and set up their owne , they who declaime against the tyranny of that church , and themselves exercise as great or greater over others , are the men that give the church of rome the greatest advantage ; whereas men of more moderate spirits , such as require of christians to beleeve onely in christ , upon such as these the church of rome cannot tell how to fasten . nor can it be any way advantageous to the civill state , that men , without warrant from god , should usurp a tyrannie over other mens consciences , and prescribe unto them without reason , and sometimes against reason , what they should beleeve ; we therefore are willing to leave all men to their liberty , provided they improve it not to a tyrannie over others . this presumptuous imposing of the senses of men upon the words of god , and the speciall senses of men upon the generall words of god , and laying them upon mens consciences together under severe penalties ; the deifying of mens owne interpretations , and tyrannically imposing them upon others , the restraining of the understanding of men , wherein christ and his apostles left them free , is and hath been the only fountain of the schismes of the church . take away this persecuting of men for not subscribing to the words of men , as the words of god ; require of christians only to beleeve christ ; in a word , take away tyrannie ( which is the devills instrument to support errors ) and restore christians to their just and full liberty , and it may well be hoped by gods blessing , that universall liberty , thus moderated , may quickly reduce christendome to truth & unity , the contrary effects whereof happen by the tyrannous imposition of opinions upon other mens consciences , whereby they are , as it were grievosly exulcerated . all the power of the world is neither fit to convince , nor able to compell a mans conscience to consent to any thing ; indeed worldly terror may prevaile so far , as to make men professe a religion , which they beleeve not ; such men , who know not that there is a heaven provided for martyrs , and a hell for those that dissemble such truths as are necessary to be professed ; but to force any man to beleeve what he knows not , or any honest man to dissemble what he doth believe , if god commands him to professe it , or to professe what he doth not beleeve , all the swords in the world are too weak , with all the powers of hell to assist them . it is a damnable sin for any man to professe an error against his conscience , though the error in it selfe and to him that beleeves it be not damnable ; nay the profession not only of an error but of a truth , if not beleeved , is a mortall sin , unlesse hypocrisie and dissimulation in religion be not so . if a papist be convinced or perswaded in conscience , that the protestant religion is irroneous , the profession of it , though in it selfe most true , would be to him damnable . see his reasons , fol. . thus in a full speed i have run over all that i could observe , to satisfy my spirit concerning the illegality of this oath in common law or common reason , in ancient or moderne acts of parliament , in the declarations of the army ( when successe had left them no employment but their piety ) in the opinions of the most learned reformed divines , and above all in the law of god ; and the charity i owe my afflicted brethren hath forc'd me to communicate this to the godly and religious , that they may with compassion reflect on those who eat their bread moistned with their teares , and weep over their houses , become desolate , because they would keep up their consciences from ruine . i have collected this for information of such , who have bowels , and disdain a glory or benefit that may rise by treading on their necks , who suffer only for religion ; who ( if they err ) err to their own temporall prejudice , and can in their error have no design of flesh and bloud ; whom discover'd to have any conspiracy against government i would have most severely punished , & whom quiet and inoffensive in practise of their own consciences , i would have pittied and relieved ; and this i seriously desire all religious spirits to weigh in their most godly and most prudent thoughts ; that looking back on the last hundred years , they shall finde every subversion of government in this nation ( either papall , prelaticall , or presbyterian ) to have bin wrought by a too rigorous coertion of the conscience ; religion ever falling down to the dust , when it leanes too much on the weak treacherous prop of humane policy , or endeavours to stand only by punishment of their brethren , modestly dissenting in some opinions . and why may not i with an humble boldness lay down these observations at the door of the supream autority the parliament , &c. now sitting at westminster ? why may i not solicite their mercy ( by contemplating , what a series of providences have fettled them in the present power , and redeemed their consciences from a design'd slavery ) to take into their first consideration the deplorable condition of the most oppress'd people in the world ? why may not the severity of the eternall justice , executed on former governements , instruct them to meekness towards their brethren in such a sad forlorn affliction ? and thereby preserve themselves and their successors to a continued blessing by that hand , which shakes down the pallaces of the proud and uncompassionate , and out of their rubbish builds up a tabernacle of glory for the humble and mercifull . nor can i at any distance how remote soever ( though we squint on carnall interests ) discover whence any the least prejudice can reach the government , in not offering violence by oaths to the conscience ; unless we reckon on the loss of that rent is annually extorted by violence from the conscience ? and how unhandsom and ( above that ) unchristian will it appear , that we can tenderly maintain every congregation , but only that , the not protecting which is for our temporall emolument and supplies of the treasury ; in recompence whereof , we may bring in the universall comfort of the whole nation , when liberty of conscience shall be so generall , that in that harmony no one string shall be out of tune ; every spirit charitably embracing each other , and though not fully consenting in every circumstance , yet all agreeing in one belief of one god , and one acknowledging of one mediator . and thus in a perfect unity at home , how safe shall we be against the sordidly avaritious , or disorderly ambitious of our enemies abroad ; who as they feare that sword , which the almighty hath put into our hands ; so will they court that nations friendship , which is so piously frindly in it selfe . how religious will they believe all leagues ? how happy all commerce with a people so conscientious , that ( only on the account of tenderness ) throwes away the covetous severity of their predecessors , and takes into one common liberty every conscience under their protection . to offer the reputation and honour hereby to be gain'd with our most powerfull neighbours ( which notwithstanding the wisest and noblest republiques have ever highly valued ) may perhaps be rejected , as a carnall vanity ; but the many blessings which the eternall mercy may be humbly hoped , will hereupon plentifully showre down upon the mercifull , is comfortably to be reflected on . every conscience thus set at liberty , being obliged in all christian duty , continually to invoak a happinesse on those governors , who have broken asunder the fetters in which so many were sadly bound up , and who have enlarg'd them to sing hymnes of praise for so great , so charitable a deliverance . will . birchley . finis . errata . page . lin. . read priviledges , p. . l. . r. all together , p. . l. . r. two evident . notes, typically marginal, from the original text notes for div a e- lam. . lam. . jer. . . lam. . jer. . . thoughts unpunisht because unoffensive . thoughts not punished because incapable of proof . doctor and student p. . dyer . ed ● challenge . crompton in his justice of p. . dalton fullers argument . coke mag. circa . leighes case . & . eliz. dyer . hinds case . ed. . . a thoughts not punisht by acts of parliament before the reformation . hen. . he. . hen. . . & hen . nor in the beginning of the reformation . lord herberts hen. fol. , . nor since the reformation . el●z . . eliz. . eliz. norby the last parliament it self . aug. . decemb : . aug. . hen. . coke mag. carta . . & . exact collections , fol. . ib. fol. . ibi● fol. . exact col . fol. . booke of ordinances fol. junii . . febr. . booke of o●dinances for sequestrations fol august . . book of o●dinan . . . jul . g●eat boo . of o●din . fol . . nov. . ordin. . . 〈◊〉 . . ordi . . ordi . . november . . gr. booke of ordin. . . apr. great book of ordin. fol. . and . sept. . in . caroli . cokes fourth report , f. . see book of speeches , pag. . master bagshaw , ibid. p. novemb. . . ibid p. master hobbs in his christian common-wealth , p. . a in consens . de re sacram. art. . p. ● . b part. . histor sacram . fol. . c de coena domini . p. . armies declaration . iune . p. narration of the army printed at oxford . . pag. . army's declaration . aug . page . their proposals , september . page . page . proceedings of the army , novem. . page . lord gen. cromwel's declaration . pag. . lord gen. declarat . . march . pag. . . pag. . lord generals letter dat. . octob. . narrarive of the army . april . page . petition presented . sept. . deut. . mat. . . john . . ofiander cent. . fol. . bucer comment . evangel. fol. . bucan. in loc. com fol . sect. . fox . acts and mon. fol. . and . beza in his theologicall tract. fol. . and . calvin . comment. in cor. . . polanus syntag. liber . . ca. . jac. acontius in strat. satan . fol. . and . perkins in . galat. fol. . assembly of divines conf. of faith , chap. . sect. . mr hobs in his christian common-wealth fo. . corinth . . fol. . ephes. . fol. ● . camdens el●z . annis . fol. . and . fol . m ▪ ●h●ll●ngworth . page . m. chil. in his preface , fol. . fol. . fol. . fol. . fol. . fol. . fol. . a dialogue between two friends occasioned by the late revolution of affairs, and the oath of allegiance by w.k. ... kennett, white, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], , [ ] p. printed for ric. chiswell, london : . reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- england. oath of allegiance, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a dialogue between two friends . licensed , james fraser , april , . a dialogue between two friends , occasioned by the late revolution of affairs , and the oath of allegiance . by w. k. a. m. rom. . . happy is he that condemneth not himself in what he alloweth . london : printed for ric. chiswell at the rose and crown in in st. paul's church-yard . mdclxxxix . a dialogue between two friends , a jacobite and a williamite . jac. methinks we live in an age of wonders , affrica like , every day producing aliquid novi . but few months since suspension , degradation , imprisonment , was too little punishment for refusal to read the king's ( as 't was stil'd ) gracious declaration for liberty of conscience . and now i am as much disaffected to the protestant cause , for making some objections against the oath of allegiance . will. 't is true , the wonderful revolution of a few days is so unfathomably stupendious , that an ordinary capacity may easily be induc'd to believe , that miracles are not yet ceased . such signal methods compassing such an unthought of rescue , loudly declare they are more than common . and your obstinate refusal of a deliverance written in such legible characters , your voluntary depriving your self of a share in so great and unparallel'd a blessing , is a second wonder to me incomprehensible . jac. 't is not ( i protest ) from an affected singularity , or a too high conceitedness of my own opinion , that , like athanasius , i oppose the whole world by my self . the only reason is , that i may keep a conscience void of offence both toward god and man. i acknowledge the prince of orange has been the great instrument of our deliverance from popery and arbitrary power , and more highly deserves of the nation than can be expressed ; yet i cannot forget those tyes and obligations that fix and river our allegiance to our dread sovereign james the second . will. what are these strong and binding obligations ? jac. in number ten thousand , in nature superlatively obligatory . will. descend to particulars and nominate one . jac. the dictates of nature bind me to natural allegiance , being by birth a natural subject to the king of great britain , my duty is to pay homage and obedience either active or passive to all his commands . will. i readily grant , that as you are a subject to the king of great britain , his majesty hath an undoubted right to challenge your obedience , but the ground and reason of this right does not proceed as an emanation from nature , as i shall immediately evince , when i have gotten a right sence of your notion of passive obedience . jac. by passive obedience i understand a submissive and patient suffering the punishment due to the obstinate refusal of actively obeying those commands and injunctions of my superiors , that are either inconsistent with , or opposite to the laws and precepts of the divine creator . will. patience under punishment , when legally inflicted upon us , and there is no lawful way to escape it , is a christian duty , as is clear and obvious , both from the doctrine and example of our saviour , who despised the shame and endured the cross. but if passive obedience ( as you interpret it ) be sence , logicians are much mistaken in affirming ten predicaments ; since ( in your account ) actio and passio are one . obedience ( in all histories , whether sacred or prophane ) has no relation to suffering , but always signifies the doing things commanded . thus exod. . . if thou wilt heark●n to the voice of the lord , and do that is right in his sight . exod. . . after moses had read the book of the law , the people promised their obedience to do all that was there injoyned them . and sam. . . king saul for not doing the command of the lord , was stigmatized with the infamus character of disobedience , notwithstanding his suffering the punishment of his transgression . acts . . the apostles affirm they ought to obey ( that is do ) the will of god rather than man. and all those express and positive commands for wives , children and servants , to obey their husbands , parents and masters , only import , 't is their duty to please them well , by doing those things enjoin'd by them . in opposition to this ; passive naturally implies , suffering the penalty for not doing ; so that should we allow such a contradiction in speech , as passive obedience , 't would naturally follow , that those who have suffered the punishment of the law , are justified by the law ; for if suffering render men obedient , the penalty being endured , they are cleansed from their guilt and become immaculate : and by virtue of this argument , rebels , thieves , murtherers , or the worst of villians are ( after they have receiv'd the reward of their transgressions ) as honest men , as good neighbours , and as loyal subjects as your self . i know 't is objected that rebels , thieves , &c. are actual transgressors of the laws both humane and divine , and so fall as criminals ; but the others suffer because they refuse to violate or transgress those laws . but to this 't is replyed , that according to your own position they are criminals alike ; for the doctrine of passive obedience ( especially as by you defined ) doth sufficiently evidence ( notwithstanding what you talk of laws ) that the will of the supreme magistrate is the chiefest rule we are to walk by ; for whatever command brings with it authority to require obedience , that very authority doth plainly impress upon it the character of a law. now criminals , upon the account of omission , are equally guilty with those that have render'd themselves so by sins of commission ; it being equally the same as to matter of crime , not to do those things commanded , and to act or do those things prohibited . so that by parity of reason , if the one be justified so will the other ; for facinus quos inquinat , aequat . jac. i had no design to enter into a controversie about passive obedience ; i asserted that nature enjoined me to pay allegiance to the supreme magistrate , and my reason was , because i was by birth a natural subject . will. that nature obliges you to obedience , is a great mistake ; for the constitutes no subordination among men ; as we are produced by her , we are all equals ; she ordains neither king or peasant , lord or slave : her actions are only internal , such as respect not those outward adjuncts , or external qualifications . the laws she designs for our guide , are her own precepts ; ( viz. ) those innate notions of good and evil , those common sentiments of vertue and vice that are proper to all men , as they are rational creatures . the governour she appoints over us , is every man 's own reason ; the judge , our particular consciences . 't is indeed by the force or energy of nature we are made men , but we are born free . this is evident from that absolute authority every particular man hath over himself , ( viz. ) an independent power in disposing of his own person : thus by compact or bargain , any man ( i speak of subjects ) may become a covenant-servant , an apprentice , or a slave , without nature's being concern'd in the contract . for though a king's eldest son be a prince by birth , and the first legitimate male offspring of an earl , a lord the day of his nativity ; yet those are birthright priviledges accruing to them , not from nature , but the laws of the nation . thus royal blood and descent from ancient progenitors , are only imputative qualities , and have so little relation to nature , that they are only praemia virtutis , rewards for heroick and generous actions , that the persons concern'd , or their forefathers were eminent for . jac. these commands that are moral , and perpetually to oblige , are esteemed as natural ; but the duty of obedience is moral , and perpetually to oblige ( if the fifth commandment be so , ) which makes me account it natural . will. as we are subjects , the duty of obedience is a perpetual obligation , and , after a manner , essential to us ; but our allegiance has not its foundation in nature , or her operations , but in the relation we bear to a soveraign : and more than this the fifth commandment doth not evince . this precept is moral , and perpetually to oblige ; but the rational part of it is grounded not in nature , but in gratitude : for as aristotle observes , man is a sociable animal , and there is nothing more destructive to society , than ingratitude and unthankfulness . and since children have not only their very being , but their well-being also , from their parents , no obligation can be greater or more obligatory to the foresaid duties . so that were our filial obedience founded in nature ( as you fondly imagine ) , the obligation to that duty would not be half so strong and valid . besides , natural duties have respect to the whole species ; and by this argument , the bonds and obligations to obedience are general , and every man that is a parent , may challenge as strict a duty of obedience from us , as our immediate parents that begat us ; and the reason of this , is , because nature is equally concern'd for the whole species , as for an individium . but the doctrine contrary to this , is so plain and evident from the general practice of the world , that it needs no proof . for though we are by nature equally allied to all , being first in the loins of adam , afterwards in noah ; yet this relation is never term'd more than common humanity . and how firm or lasting soever we esteem those ties and obligations you mention ( which is really nothing but friendship ) , the second or third age commonly expunges them , if disobliging carriage , distance of place , or want of converse , effect it not in much less time . that paternal love , and filial affection , is not founded in nature , seems plain and evident from those different degrees of love men generally bear to the legitimate , and spurious issue ; and that 't is cherished by converse , and made firm and solid by process of time , is more than probable , from the affectionate nurse , whose excess of love to the tender babe , does often transcend the affectionate mothers . yet 't is clearly manifest , man has a natural appetite or desire to survive in his posterity , as irrational creatures have of preserving their species : but this proves nothing against the argument , because the issue of the latter ( in riper years ) are not by nature obliged to the duties of gratitude and obedience . that the fifth commandment enjoyns us obedience to our superiors , is beyond all controversie true ; and the reason is , because in the beginning of government , soveraighty was part of the paternal power ; but ( to speak in our common language ) if the duty of obedience in a natural son to a natural father , be not a natural duty , much less can this argument prove natural allegiance due to our civil parents . jac. the parliament conven'd in the twenty fourth year of king henry the eighth's reign , stiles england an empire , govern'd by a soveraign head , to which there is a body politick joyn'd , composed of all sorts and degrees of people , who are bound , next under god , to render unto their king natural allegiance . will. natural allegiance in that act of parliament , is only ▪ a rhetorical flourish , spoken after the largest acceptation of that word ; not that allegiance flows from nature , but because 't is a duty so proper , intrinsical and essential to a subject , quâ talis . for mens very incorporating themselves into a civil society ( without the obligation of formal oaths , ) doth sufficiently evidence a tacit acknowledgment of allegiance to the caput communitatis , because without it 't is impossible to defend and preserve the body politick . jac. this discourse ( i confess ) is somewhat rational ; but i can't suddenly digest a thing so novel . will. what you term novelty proceeds from the vulgar expressions of men , and want of a more serious and weighty ▪ inspection into the doctrine . and this will appear more rational , if we consult the specimen of government in general . the great and fundamental law of nature is self-preservation ; 't is the magna charta of all constitutions , and the very end and design of government it self ; 't is a principle so deeply radicated in nature , that 't is engraven upon every man's heart . had indeed our first parents maintain'd the original beauty and brightness of their creation , and preserved nature in her state of rectitude , justice had been our director , innocence our guide : but by that fall of theirs , the nature of man was so depraved and vitiated , his passions so transporting , his desire so covetous , his revenge so implacable , that meum and tuum were measured only by strength and power ; the longest sword was the best law , a securer title than prescription it self . thus the more powerful preyed upon , and devoured the weaker ; so that nature destroyed her own works : and the best course to countermand those hostile proceedings , and preserve this grand principle of nature , was mens moulding themselves into tribes , associating into colonies . thus , when a company of men , ( whether many or few it matters not ; for , majus & minus non variant speciem ) are unanimously incorporated into one society , for the securer maintainance of peace , correction of vice , reformation of manners , and the more equal administration of justice ; laws were enacted , constitutions made , and statutes provided to redress all private grievances among themselves ; and to protect the society from the open hostility of publick invaders . and since neither plaintiff or defendant was fit to be judge of his own plea , nor the mobile vulgus easily induced to a joynt method , a unanimous consent in opposing the common enemy ; a single person ( if monarchical government ) or several ( in other constitutions ) of such vertue . prudence and fortitude , as the whole society thought fit to confide in , was elected , as an impartial arbitrator in all cases , whether private or publick . and to him , or them , was committed the sole executive power of these laws ; in all differences the definitive sentence was ( according to law ) to be expected from his , or their mouth . and this supream authority being both judge and protector of the whole corporation , to advance the grandeur of such authority , and compleatly to capacitate him , or them , for the execution of those established laws : this power was held in high estimation by the whole society , and by the setled constitutions of the government ; a proportionable tribute from the subject was by law allowed as a revenue to support that royal office. and for the firmer uniting this supream head and his subjects , the former obliges himself by the sacred ties and obligations of an oath , at his inauguration , to govern his people according to the rule of the established laws ; and the latter as solemnly pays homage , and swears obedience . so that allegiance in all subjects , whatsoever government they live under , ( and especially in our own constitution ) is a duty so perpetual and indispensible , that a violation of it is an high offence against god , as well as against his vicegerent . jac. this is my very sense of the duty of allegiance ; this the reason i refused to take that new oath of allegiance , because 't is a plain violation of the old , which you your self acknowledge perpetually to oblige . will. the duty of obedience is an inseparable accident to every subject ; and you may as well divest him of his being , as his subjection ; for this duty , like the royal authority , never dies , but immediately descends from one to another . but what you talk of is a perfect frensie of loyalty , makes allegiance an infinite duty , and exalts a king to the honour of a god ; if all his commands must be obeyed , we tacitely acknowledge he can command nothing that is evil ; for an illegal mandate must not be obeyed , nor an evil action committed , though imperiously enjoyn'd by the greatest of men. in all governments , whether monarchy , aristocracy , or democracy , the subjects duty of obedience is to be measured by the express and positive laws of that government they are members of , and not to be regulated by a fancied chimaera , of obeying no man knows what , it being now visibly apparent , that men may be as superstitiously loyal as religious ; and the first prove as fatal and destructive to the peace and happiness of the nation , as the last to the zeal and fervour of true religion ; when in good earnest , the utmost limits of allegiance , is but entirely to observe all the lawful commands and injunctions of our superiors . jac. has the supream magistrate no authority to command our obedience ? and is the extent and latitude of the duty of allegiance limited by declaritory and express laws ? will. 't is a most certain truth , especially in our own constitution , where the government is a monarchy royal , in which the subjects have as undoubted a right to their religion , liberty and property , as the supream magistrate has to the royal prerogative . for as the inferior laws limit the peoples rights , restrain them from invading the royal priviledges , and from offering violence one to another ; so the chief design of magna charta , is to reduce the regal to a legal power . the prescriptions and statutes of this nation are the impartial arbitrators of government and obedience . jac. at present a plausible plea may arise from hence ; but in the beginning 't was not so ; for magna charta was never heard of till king henry the third , the eighth king from the conquest . and where were those liberties then you so much boast of now ? will. right ! magna charta ( in that particular form of words 't is now express'd ) was not in being till the time you mention ; but our liberties and properties were as much then the undoubted birthright and inheritances of the subjects , as they are now ; for magna charta ( as the learn'd and renown'd lord cook observes ) is for the most part declaritory , informs us what our rights and priviledges are , instates us into what was lawfully and antecedently our own right , but confers no new immunities upon us . jac. this is strange indeed , when the very first chapter begins , we have granted to god , and we have given and granted to the freemen of this realm . how could king henry give and grant those things were none of his ? will. the subjects liberties asserted in this great charter , are not to be look'd upon as pure emanations from the royal favour , or new bounties , to which the people had neither right or claim , but rather a restoring those priviledges which by the usurpation and encroachments of former kings , were forcibly with-held from the subjects . and the truth of this is evident from the charter it self ; which in the words of conveyance frequently mentions sua jura , and suas libortates , their rights and their liberties ; which shews the people had a former title to those immunities , that by this charter they were again put in possession of . jac. this is a pleasant story indeed : are the subjects liberties more ancient than the conquest ? has not a conqueror power to impose what laws he pleases upon those vassels and slaves he has conquered ? will. however pleasant it be , 't is clear and obvious , the liberties and properties of englishmen are of greater antiquity than king william , call'd the conqueror , as appears from the laws that assert them , some as ancient as the heptarchian government , granted by ethelberd , ina , and offa ; others cotemporary with the monarchical regency , given and conferr'd upon the subjects by pious king alfred . neither were these laws abolished by the norman duke , but were of such force and vigour , as to survive ( what you call the conquest , ) and set bounds and limits to that pretended conqueror . 't is not denied , but an absolute conqueror may propose and enact what laws he pleases , to regulate and govern the conquered by : but this was far from king william's case , for though that great victory over harold , with such a mighty slaughter of the english , gave him great encouragement , yet the crown was obtain'd by bargain and compact , as is plainly evident from those grants made to stigand , archbishop of canterbury , and eglesine , abbot of st. augustine's , in behalf of the kentish men , and also from the coronation oath it self ; where the king swears to maintain and observe the laws and customs of the nation . 't is true he made little esteem of violating this sacred obligation ; and his successors vehemently encroach'd upon the liberty and property of the people ; but what power forceably snatch'd from them did not invalidate the subjects right . neither had king william ( notwithstanding all his pretensions to a conquest ) power to dispose of the lands or inheritances of those natives he received to protection : this is manifest from that known case of sherborn the saxon , who had a castle and lands in norfolk , which the pretended conqueror gave to one warren a norman , and sherborn dying , the heir claiming the same by descent , according to the law , it was before the conqueror adjudged for the h●ir , and the gift made void . jac. the coronation oath is nothing to purpose , to evince a paction or an agreement upon this account ; for that was made to god , not to man ; and if that oath prove a compact , 't is between god and the king , not between the king and the people . will. 't is neither my design , nor pertinent to the business in hand , to begin a discourse of the difference between vows and oaths . suppose the oath were made to god , ( which in propriety of speech is a vow ) how does that weaken or invalidate the force of the argument ? it matters not , whether it be a vow to god , or an oath to man , so long as the matter of it is so express and declarative of the king's duty , and the peoples rights and priviledges . jac. the taking the coronation oath was the conquerors condescention ; a compliance with the customs usual at the inauguration of former kings , and has no tendency to a compact or bargain with the people . will. you may stile it what you please : but 't was such a condescention or compliance , without which ( unless he had first won it by an absolute conquest ) he had never possessed the crown of england . and the ancient rites of the coronation it self had some footsteps of this contract , viz. the presenting the king , on the day of his coronation , to the people upon every corner of the scaffold , and asking them if they would have him for their king ? i do not suppose the people had power , to refuse or reject the person thus exhibited , that would have render'd the kingdom elective ; but the custom being an ancient ceremony , and commonly used till edward the sixth's coronation , is in my judgment a more than plausible argument of a contract between the supreme power and the subjects . jac. how can that be ? the king of england is invested with all the rights and prerogatives of royalty before he is crown'd . will. right , the king is before his coronation as absolute a monarch as after : this the case of watson and clark ( who conspir'd against king james before his coronation , and were condemn'd of high treason ) puts beyond all controversie , and the reason of this is clear ; the paction and agreement between king and people , is an inseperable concomitant to the crown , devolves with it to the next successor , and is the tacite condition and terms upon which he accepts the government . so that 't is no more necessary or expedient for every heir , as to the esse of his being king , to declare the conditions immediately upon his coming to the crown , than 't was requisite for every successive generation , when the court of wards was in force , to declare he held his lands by knights service ; the ancient tenure of the estate sufficiently evinc'd the former , and the very descent of the crown to the next of blood , brings with it a tacite implication of all the immunities and liberties of the subjects , in as full and ample a manner , as if they had been repeated a thousand times over . jac. the court of wards is as signal a badge of a conquest , as undoubted a character of vassalage and slavery , as any we can possibly instance in . will. the court of wards has so little relation to slavery , that the h law terms it only a service , and all servants are not slaves , though all slaves may be called servants in the most strict sense ; 't is only a token of subjection , and comparatively an ensign of freedom ; a lasting monument of stipulation and agreement between the royal authority and the people . when at such an easie rate , as attending the wars in extraordinary and emergent occasions , a man has an intire propriety in so large an estate , so ample an inheritance . and the very antiquity of these courts doth sufficiently evidence the nulity of a conquest : these being in force in the reign of king alfred , and surviv'd your conquest many generations . jac. a paction between the king and the people is a strange assertion ; and to say that the people can make a king is very little less than a contradiction . will. pray explain your self , and shew for what reasons . jac. because the royal authority has a power lodged in it , which the subjects have neither right or pretence to confer . for example , the power of life and death are in the hand of the supreme magistrate ; which 't is impossible he could receive from the people , because no man has power of his own life ; much less has he right or authority to put it into another mans disposal . will. here we must distinguish between absolute and conditional : no man has an absolute power over his own life , so as to lay violent hands upon himself , or oblige another to shed his blood , yet every man hath hath a conditional power upon this account ; that is , he is capable ( as he is a member of the body politick ) to covenant and agree with the head , and the other members ; that conditionally he violate those laws , the transgression of which , the whole society have by statute law ordain'd to be punished with death , he will submit to the punishment . so that the king has not an absolute power of life and death ; the latter is only a penalty conditionally we break such established laws : and this power is rather in the laws than the supreme magistrate ; for the king himself ( without manifest violence and injustice ) has no power to put any man to death contrary to law , or upon a particular humor . jac. suppose we grant somewhat of agreement or paction , between the conqueror and the english nobility ; what advantage is that to us ? did the people indeed , and in reality , elect the king as their governour ; when once the act was done , and allegiance sworn , the people have no more reason or pretence to revoke or annul that election , than a wife ( who has chosen a husband , promised him her obedience , join'd her self to him in marriage ) has to put away her husband , and to say that the people may depose their king if there be a bargain or contract between them , is to affirm the wife may divorce the husband because she chose him . will. if all this be granted , you here contend for ; i cannot imagine , how it would weaken or prejudice our present cause . the wife after marriage may not put away her husband , that lives with her as an husband : nay , though a very ill husband , turn nonthirft , spend his estate , abuse her person , prove unnatural to her children ; notwithstanding all this , she is obliged to an entire obedience . but if her husband prove tyrannically cruel ; so far prosecute the wicked counsels and designs of her enemies , as to give signal and evident demonstrations that he intends her ruine , destruction and death : if he be in himself insufficient , ( as in the case of the countess of essex by her husband devereux ) the laws allow relief to such a distressed wife . and can we suppose there is greater care taken for a particular member , than for the whole body ? in short , though the wife cannot put away the husband because she chose him ; yet the cruelties , injustice , violence and irregularities of the husband may be such , as may give just cause of divorcement . jac. but were it not grand impiety , by violence to seize upon the estate or goods of a private man , and dispose of it to others ? what sacriledge then must it be to invade the dignities royal , and dispose of the crown and scepter ? will. causelesly to make forcible entry upon any mans goods or estate , and by violence to keep possession , is plain and open robbery ; yet a man may be guilty of such illegal actions , such indiscret and undue behaviour , as may cause a seizure of both his moveables and possessions without any manifest wrong or injury to the once right owner . and the laws allow a particular man for just and reasonable causes to disinherit his eldest son , and entail the estate upon others of his posterity , only for the preservation of a private family ; and i would fain hear a solid argument , why such an advantageous priviledge ( in extream necessity ) should be denyed the publick ? jac. the reason is clear and obvious , the rights and properties of subjects , or private men are confirm'd by the laws of the land , made theirs by agreement : but the prerogatives of the crown , are a divine right , the imperial diadem setled upon the royal head by the almighties own appointment . will. if this were but proved the business were done : but alas ! this doctrine is both groundless and absurd ; for whatever monarch holds his scepter jure divino , must either be invested by an immediate divine designation ( viz. ) a special and extraordinary commission from divine providence ; as that of saul , david , solomon , jehu ; or else successively by a legitimate descent from persons thus designed ; as that of rehoboam , asa , jehosophat ; to the former of these , the monarchs of england have no pretence ; and if the latter invest them with it , 't is derived either from the ancient saxons , or from the norman line : that the first had no such divine designation is clear from the story of hengist and horsa . and that no such pretence can be made from king william , stiled the conqueror , will be more than evident from his ambitious designs ; his illegal attempts ; his hostile and unnatural proceedings ; and his barbarous in actions wading through torrents of blood ; riding in triumph over heaps of slaughtered innocents to ascend a throne and grasp at a scepter , to which he had no more right than the great mogul . and if * the norman duke first entred by force of arms , and after a battel compounded for the crown , 't is vain and ridiculous to urge prescription to make a divine right ; be cause what in the beginning was not divine process of time can never impress with a divine character . jac. but solomon affirms , eccles. . . where the word of a king is , there is power , and who may say unto him , what dost thou ? will. right , the words of kings are powerful , and no man ought to dispute their commands : but the reason of it is grounded upon that confidence we put in the supreme authority ; that his mandates will be always lawful . but this place of scripture has a peculiar relation to the kings of israel ; a people whom god chose to enter into covenant with , and over whom he exercised such a special . providence , that 't was usual with him to set up one , and pull down another , and cause to govern whom he pleased . thus when he had granted an extraordinary commission to his prophets , and they had anointed the designed person king over that people , his word was powerful , and to be obeyed , because so immediately constituted god's vicegerent . but this command is not adapted to our circumstances : neither does it add to our duty of allegiance ; and we may as rationally evince the levitical laws obligatory in england , as evidence the british monarchy , iure divino , from this place of scripture . besides , if this doctrine were applicable to the monarchs we live under , 't would be destructive to our established government , and repugnant to the apostolick doctrine . if a king decease whilst his heir is an infant , by this argument the whole realm must be subject to his fond and childish commands ; and when he is arrived to those years in which passions are more vigorous , and youthful lusts strongly importune to ascend the stage , and act their scene even in the violent prosecutions of those leud debauches ; a grave and reverend bishop dares not advise him to a reformation of manners , to live soberly and become religious , for fear he transgress his precept of saying unto him , what doest thou ? but what 's infinitely worse may happen : the heir to the crown may be born a fool , or ideot , or by accident be a lunatick , or labour under a grievous disease of madness ; and yet no man must gain say or contradict him , if this argument be valid ? jac. a child incapacitated to govern by tender years , ought to be put under protectors and tutors during his childhood ; but in his adult state , his mature age may challenge this authority . a fool or ideot can never be brought sensible what government is ; and a lunatick or mad-man is more incapable of government than either . so that not only reason , but nature's instinct of self preservation , commands us to fence these from the crown and scepter . will. an infant is as much a monarch in his minority , as in his mature and riper years ; and if he ought to be under tutors and governours , they must have power to say unto him , what doest thou ? or we may reasonably infer he will be very ill tutor'd . a fool or an ideot ( though in all his actions innocent ) must be obliterated from the line of succession ; and a lunatick or mad-man ( who never acted against , or endeavour'd the destruction of church or state ) must lose his right , because incapacitated by his disease . why then by parity of reason may not a papist be excluded , who hath already so vehemently shook the foundations of government , both ecclesiastical and civil , and for the future stands bound by all the sacred obligations of oaths and vows , obliged under the penalty of forfeiting his diadem and scepter in this world , and his precious and immortal soul in that to come ; to extirpate our religion , subvert our laws , and reduce us to the subjection and vassallage of the roman yoak . jac. this argument ( i confess ) does a little stagger my judgment ; but when i remember those other express and positive places of scripture , so pertinent to this present controversie , i am radicated as firm as before , prov. . . by me kings reign , and princes decree judgment . sam. . . who can stretch forth his hand against the lord's anointed , and be guiltless ? what can be more clear or obvious ? what more positively evinced , than monarchy , iure divino , from these texts ? will. 't is true , the places of scripture do sufficiently evidence the divine right of the kings of israel , but they prove nothing for the kings of england . and indeed , not only these , but all other places of sacred writ , in the old testament , that evidence regal authority to be founded by divine providence ▪ have such a proper aspect , such a peculiar relation to the jewish government , that they can be expounded of no other constitution , unless there be the publick footsteps of an extraordinary divine designation , as in all changes was apparently visible in that government , where commonly the almighty chose , the prophets consecrated , and the people obeyed . but in opposition to this , the government of england is a paction and contract between the supream authority and the people ; the former to govern according to those rules the laws prescribe , and the latter quietly ( without resistance ) to submit to be governed by the laws established , and to support with their lives and fortunes the regal power . and this agreement with the subjects , does not lessen or depress the authority of the supream magistrate , but rather advanceth it ; for 't is the honour of a king , not to be capable of doing wrong ; and 't is the safety and happiness of the people , to be under such a magistrate ●s only commands lawful things , which capacitates the subject to obey with safety , sub clipeo legis nemo decipitun . whilst the execution of illegal commands , is dangerous to the people ; that being an high offence to the publick , and by consequence no small transgression against the supream magistrate . for the king being a principal part of the body politick , must necessarily have a principal share in that grand affront . and this is the reason of that maxim , the king can do no wrong ; all his lawful injunctions being just and righteous , and his illegal mandates must not be obeyed . so that would court earwigs leave off to flatter , and be exact and impartially honest in their duty both to king and people , the first would be renown'd , great and glorious , and the second , being free from oppression and violence , would be loving , loyal , and dutiful subjects . jac. but the doctrine of the gospel is so positive and express ' in commanding obedience to superiors , that if all other arguments were away , this is sufficient to turn the scale against all that can be said to the contrary . will. you mistake the very end and design of my intentions : i purpose not to annihilate , or destroy our obedience , but to reduce it to its due proportion assign'd it , both by god and man ; cause it calmly to run down within the banks of its own channel . by which we shall be fitly capacitated to follow our saviour's advice ; ( viz. ) to render to caesar the things that are caesar's , and unto god the things that are god's . the evangelical precepts confine us to no particular platform of civil government ; in general , it provides for the preservation of honesty , justice , and peace ; frequently inculcates our duty of obedience , pressing it by many cogent and rational arguments ; and exhorts us patiently to bear all calamities or oppressures , we have no lawful way to avoid : but it does not oblige us to be vassals and slaves to an arbitrary power . this is evident from pregnant examples in the new testament , especially from the epistles of the two famous and renowned apostles , peter and paul ; and particularly the last part of the th chapter to the romans , and the beginning of the th , were penn'd wholly upon this account . jac. the scriptures you mention , are so diametrically opposite to the doctrine you teach , that 't is impossible to find a more cogent argument , or positive command for absolute obedience than those are . the texts are largely insisted upon by our divines ; and from thence they rationally evince an unlimited duty of obedience . will. for the more clear explication , and better understanding of the particular scripture above mention'd , we must enquire , what was the end and design of that epistle , and especially this place formerly quoted . and the reasons of that , together with the knowledge of the persons for whom 't was written , their estate , condition and circumstance , will give us a very great light towards a right apprehension of it . the grand end and design of this epistle , was not to plant the gospel at rome , or prescribe all the doctrines requisite to the foundation of christianity ; but rather to refute those false doctrines that hereticks had super-induced , and to condemn and reform those wicked and revengeful practices , that tho christians ( upon some mistakes ) were highly guilty of . the persons for whose sake and instruction this epistle was written , were chiefly jews proselyted to the christian religion ; but yet still strongly tinctur'd with their former leaven , john . . that they were abraham's seed ; and by that foederal pact between god and him , were so immediately under the government of divine providence , that no heathen potentate could have authority or lordship over them , further than urgent necessity or meer compulsion forced them . and being at that time subjugated by force of arms to the yoak of the roman empire , and by reason of traffick , commerce , and other occasions , necessitated to inhabit at rome , where the very exercise of their religion was an high transgression of the imperial laws , which , together with their refusal to pay the accustomed tribute , and to render some respect of honour the laws conferr'd upon the heathens ; the imperial officers frequently dealt very severely with those christian proselytes ; and the christians ( upon the aforesaid principle ) used all opportunities as severely to revenge themselves ; which rendered the christian religion very odious at rome , and was a great block to the propagation of the gospel . so that the christians resisting those imperial positive laws , and their opposition to the execution of them , was the only reason , the alone cause that moved the apostle to write this portion of scripture to them ; as appears from chap. . v. . recompence no man evil for evil : v. . dearly beloved , avenge not your selves , but rather give place to wrath ; that is , rather suffer the punishment of the law , and the injuries that those who inflict it , offer to you , than resist . because ( as he assures them , chap. . ) obedience to the established laws is a christian duty , though it be to the laws of a heathen prince . and when these laws are opposite or repugnant to the divine precepts , quietly to submit , and patiently to suffer the punishment of transgressors , verily believing , that god will cause all such afflictions and calamities to work for the benefit and advantage of his people . jac. what 's this but passive obedience you so much condemn'd in the beginning of this discourse ? will. 't is so far from obedience , that 't is suffering for righteousness sake . and indeed 't is the only suffering that has a promise annexed to it in sacred scripture ; for those lively oracles authorize us not to cut our own throats in obedience to the supream magistrate , if he enjoyn it , nor to sit still , whilst others illegally act such violence . the gospel does not destroy the grand principle of nature , ( viz. ) self-preservation , but cherishes and encourages it . but in respect of the publick , if wrongs be personal , or injuries peculiar to particular men , such as portend not destruction , or grand detriment to the whole body politick ; such must be patiently submitted to , rather than by resisting , disturb the publick peace or tranquility of the nation . as 't is more safe and prudent to bear with a little uneasiness in a particular member , conditionally it endanger not the other parts , than hazard the health of the whole body by churlish physick , to redress that tollerable inconvenience . the duties of obedience the gospel enjoyns , is to lawful authority , not to illegal or imposed jurisdiction ; not an arbitrary power . it condemns not our desending our selves from apparent ruine and destruction ; and permits us to dispute our rights with our princes , without that infamous character of rebels . besides , rom. . was written on purpose to confute that fond opinion of the jews before mentioned , that they were so immediately in covenant with god , that no foreiner had authority to oblige them to obedience . this the apostle condemns by a positive command to the contrary , saying , let every scul be subject to the higher powers ; and withal , shews them the reasonableness of this precept ; because the powers that be ( whether pagan or jewish ) are ordained of god ; inferring , that they living under the ordinance of god , are obliged to be subject unto it : verse the second , he illustrates the heinousness of the sin of opposing lawful authority , in the execution of legal commands ; both from the ordinance it self and the punishment due to the transgression of it . and perswades persons in these christian circumstances , who were daily violating the established laws of the empire , patiently to suffer and quietly submit to the legal execution of the laws . because opposition made by such persons , was resisting the ordinance of god ; the punishment of which is damnation . he farther illustrates , that this was the end why rulers were ordained ; their business and chief occupation being to punish such violaters of the laws as lived in an open contempt and transgression of them . and therefore plainly tells them , they must be subject ( there 's a necessity laid upon them ) not only for fear , wrath , compulsion , or punishment ; the alone obligations that had power to keep the jews in subjection , but also for conscience sake . and for the same reason enjoyns them to pay tribute : render therefore to all their due , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour . from hence 't is clear and manifest , the apostle did not command those christians to subject themselves to an unlimited or arbitrary power ; but to render obedience to the express and publick laws of the empire , because these laws only could determine how much tribute , fear or honour superiors challenged , and inferiors ought to pay . the same doctrine also st. peter teaches , epist. . where observing the heathens distinguished not between the jews converted to the christian religion , and those which retained the mosaic principles , who , for the above-mentioned cause , became the most obstinate , turbulent , factious and seditious people imaginable , upon all occasions exerting their utmost endeavours to raise tumults , and embroil the state in civil wars . the apostle , to dehort the christians from the belief and practice of that wicked principle , earnestly perswades them not to follow the example of that obstinate and head-strong people , but by their regular and meek behaviour , quiet and candid carriage , to approve themselves to the heathen governours , by submitting to the ordinance of man , for the lord's sake ; that is , render all due allegiance , not only to jewish , but heathen governours , even to claudius drusus ( in whose reign the ancients affirm this epistle to be written , ) though the emperour claudius were elected to the imperial throne , by the pretorian band , in opposition to the design both of city and senate . this very doctrine also st. paul commands titus to teach his flock , chap. . ver . . and those parallel places , those most express and positive commands , colos. . , . wives submit your selves to your own husbands : servants in all things obey your masters ; are only transcripts of this doctrine : for neither wives nor servants are obliged to obey , or stigmatiz'd as disobedient , for refusing to execute the illegal or wicked commands of their husbands and masters : neither have the latter power or legal authority to correct or punish such disobedience . jac. if this be the genuine sense , the natural signification of these places of scripture , how came the primitive fathers to interpret them in another sense ? and why doth st. paul affirm , cor. . . that the weapons of christians are not carnal ? will. this is the very doctrine those fathers delivered , as is evident from the epistles of st. polycarp , and the apologies of justin martyr , athenagoras and tertullian , to free the christian religion from those aspersions of sedition and rebellion the heathens accused it of , and to justifie the loyalty and obedience of christians to the powers and magistrates under which they lived . thus , till the conversion of constantine the great to the christian faith , the evangelical doctrine was always in opposition to the established laws of the empire . and in all cases , when the divine precepts were inconsistent with the laws established in the empire , the christian religion taught its votaries quietly to submit , and patiently to suffer the punishment due to the transgression of these laws , without resistance , or calumniating language ; to take up their cross and follow their saviour . this the primitive fathers did not only frequently inculcate to their auditors , but manifested their doctrine ( as is evident from their works ) very often by their own sufferings . but when the aforesaid emperour had setled the christian religion , and added the civil sanction , ( viz. ) established its precepts as the laws imperial , the doctrine of the gospel ( as to the suffering part ) was much altered . in all former mutations or changes in the government of the empire , the christian pastors constantly exhorted their flocks to obey the supream powers ; not to calumniate , or speak evil of dignities , but patiently to submit to the most barbarous cruelties . but when the evangelical doctrine and discipline was established by law , and constantius the emperour persecuted the orthodox clergy , * st. hillary , that pious and learned father , roundly tells the emperour of his impious and unchristian actions . and when julian apostatized from the faith , banished the gospel , demolished the churches , and scoffingly told the christians , their doctrine was to suffer ; an eminent man of that age writ a tract † approved as orthodox doctrine by that catholick and renown'd bishop athanasius , which tartly inform'd the emperour , that the christian religion ( when established by law ) allowed its votaries to justifie their rights , and was not to be trampled upon , ruined , and destroyed , to gratifie the humour of an ambitious and idolatrous prince . that of st. paul has no relation to our present discourse ; the weapons there mentioned , are no shields or bucklers against the hostile attempts of our adversaries , but such as the church is invested with for the punishment of criminal members ; such as excommunication , censures , &c. so that 't is clear and evident those places of holy writ that enjoyns obedience to superiors , however express or emphatical in themselves , have neither relation or aspect to our present circumstances ; they only enjoyn obedience to all lawful commands , and prohibit resistance under the greatest punishment , when legally imposed ; which is so far from our late transactions , at which you scruple , that they were only acted to preserve our pure and apostolick religion , and secure our fundamental laws and ancient government . and 't is most palpably ridiculous and very injurious to the gospel , to wrest places of scripture , peculiarly adapted to the suffering state of christianity ; i mean whil'st 't was under pagan princes , and without national laws to support it , to blacken and condemn the actions of christians ; whose religion and liberties are entail'd to posterity by established lawes ; and whose only action ( for which they are blamed ) is for rescuing their religion from superstition and idolatry , and their ancient liberties from the vassallage and slavery of arbitrary power . jac. but 't is observable , when god chastiz'd the wickedness of the kings of israel , he never did it by their own people , but by a strange nation ; shewing by the conduct of his justice and providence , that subjects must not correct the faults of their kings , but leave that to god , to whom they are only answerable for what they do . will. 't is true , that was the general method god commonly used in that nation , especially with those he had advanced to the throne , by vertue of an extraordinary commission from himself . yet the histories of that kingdom yield us particular examples of the contrary practice . thus the cruelty , irreligion , and wicked reign of jeboram , caused libnah to revolt from under his government , chron. . . and the reason of this revolt was because jehoram had forsaken the lord god of his fathers . and the maccabees , ( when antiochus epiphanes , their lawful king , had silenced the jewish burnt-offerings and sacrifices , profaned their sabbaths , and polluted their sanctuary ) by opposition and violence , in a most hostile manner , rescued their worship from heathen idolatry , and cleansed their sanctuary from such pagan pollutions . and the renowned and thinking * grotius allows the necessity of things to consecrate the action . and the learned and ingenious thorndike [ in his right of the church in a † christian state ] affirms , god approved of this war ; and heb. . commends their faith for that heroick and vertuous action . jac. were i convinced of all we have hitherto discoursed of , there is another knot so intricate and perplexing , that i despair ever of satisfaction . the oath of allegiance is so express and positive , so firm and binding an obligation , that nothing can possibly be a firmer tie to secure my obedience to james the second ; ( viz. ) not to take up arms against the king upon any pretence whatsoever : and to give this oath of fidelity to another , is not only a contradiction in it self , but a down-right violation of that former sacred obligation . will. the objection , i confess , ( before seriously considered ) is a very plausible plea , and of great importance ; but when compared with the rules of right reason , and the commands of scripture , the difficulty doth immediately vanish . yet i deny not but such oaths are of great advantage in a publick society : by these princes are secured of their subjects allegiance , generals of their soldiers fidelity ; subjects assertained their princes will not degenerate into tyrants ; leagues confirm'd between nations , peace conserv'd among men , mutual commerce and trading secured , liberties and properties maintained , controversies and suits decided . and among those the oath of allegiance challenges a prime place , being really and indeed a very sacred obligation ; ( viz. ) a calling of † god to witness the reality of our inten●ion , to keep inviolable that faith and obedience we have promised and sworn to our superiors , the breach of which is a most horrid crime , a superlative perjury , very often severely punished in this world , and ( without a sincere and unfeigned repentance ) will inevitably ruin us in the next . so that whatever we thus promise , we are as firmly obliged to perform , as the wit of man can contrive to bind us . but notwithstanding all this , the oath of allegiance , however solemnly administred , or however significant or express in it self , adds nothing to the duty of obedience incumbent upon us as subjects , without , and antecedent to the formal administration of it ; it may indeed corroborate and confirm the obligation , by adding perjury to our disobedience , but it cannot encrease or augment the duty . and the very end and design of the oath , attests the same ; for though the oath do particularly name the supream magistrate ( because he is head of the whole society ) , as if 't were design'd only for his protection and safety ; yet we may rationally infer , that the parliament ( being conven'd for the good of the publick ) who invented this oath , took it themselves , and imposed it upon others , had in this oath a more general and notable intention , of a more excellent and transcendent nature ; ( viz. ) to promote the safety , honour and happiness of the whole society . this is evident from the ridiculousness and injustice of that acceptation ; for if the oath of allegiance be obligatory only in the former sense ; ( viz. ) have respect only to the protection and safety of the king's person , without having any relation to the peace and welfare of the publick ? by this obligation our representatives in parliament , put both themselves and us into the hands of the supream power , to destroy us at his pleasure ; binding us by the most solemn obligations imaginable , even the sacred ties of the oath of allegiance , quietly to submit to the invasions of our liberties and properties , confiscation of our goods , sequestration of our estates , prophanation of our holy and apostolick religion , by superstitious and idolatrous practices ; and to all other barbarous outrages that the pride and ambition of man , or the malice and cruelty of implacable enemies , could invent ; which is a soloecism of so grand a consequence , as we may well think impossible for so learned , judicious , and august a senate to impose upon themselves . especially if we consider , that the oath of allegiance , taken only in the former intention , confounds and destroys all other constitutions of parliament ; is opposite and destructive to the fundamental laws of nature ; ( viz. ) self-preservation , and plainly repugnant to the divine rules and precepts , which ( to any rational man ) methinks should be a sufficient argument to engage him to understand it , in the second , and more excellent sense , since 't is granted by all men of reason and learning , that oaths are only obligatory in the sense of those persons who invent and impose them , if their intention may clearly and rationally appear from the words , as expressed in the oath . now the oath of allegiance , in different circumstances , being capable of a double construction , and both apparently agreeable to the intention and design of the composers , i will a little illustrate the reasonableness of this twofold signification . the royal authority being the head of the body politick , the life of the law , and the soul of government , 't is not only highly reasonable , but absolutely necessary for the publick advantage and behoof , to fence and defend this supream magistrate against forrein enemies , and secure him from private insurrections at home . and to the end that rebellion might prove abortive in the very conception , and that cockatrice egg be crushed ere it became a serpent ; the sacred tie of the oath of allegiance was judged the most effectual means to prevent all civil wars , repel all open hostility , and secure the whole society of the intire affections of every particular member . and the king being the person to whom was committed the weighty and important affairs of the nation , and in whose management and conduct , the happiness or misery of the publick does very much consist . this oath of fidelity was personally made to the supream magistrate , as head , though really designed for the advancement and promotion of the peace , happiness and safety of the whole society . and for the truth of this assertion , i appeal to the capacity of the meanest reader , whether he can suppose , the great council of the nation , assembled in parliament , who composed this oath of fidelity , and enjoyn'd it to be given to the prince ; whether , i say , they design'd it only for the preservation and safety of the king ? especially when ( by his own option and choice ) he should place his personal interest and safety in opposition to that of the publick weal ? from hence 't is evident , that in all ordinary and common circumstances ; that is , when the interest of the royal authority , and the people , ( which always ought to be ) are in conjunction , the oath of allegiance binds all subjects , both with life and fortune , to assist and defend the supream magistrate against all stratagems and hostilities , whether publick or private . and the reason of this is , because the prince is so nearly allied to the publick , and so much a part of it , that the safety and happiness of the latter is , in a very high measure , involved in the prosperity and welfare of the former . but in great exigencies , and extraordinary junctures of affairs , in which the ruine and destruction of the publick is inevitably involved ( especially if that national calamities be favoured , advanced and promoted by that person whose particular safety is design'd in the oath , ) the promise of fidelity in such circumstances , bind only in the latter , and more general intention ; for kings were made for the people , not the people for kings . and it is plain madness to imagine any obligation can bind us to hasten the accomplishment , not only of our own , but the publick destruction ; because such actions are diametrically opposite of all laws , both natural , and civil , and divine . and that extraordinary contingencies are not to be regulated but by extraordinary methods , is plain and obvious from several topicks . in common and ordinary circumstances , the laws secure every man in his liberty and property : thus the breaking a private man's house , forcibly seizing a man's goods , or violently restraining his person , are actions very unjust , and highly punishable . but in extraordinary cases , these are no rules ; but necessity has her laws : as in time of a raging famine , propriety of goods may be forced ; corn may by violence be taken from private men , and sold for the publick relief ; in a noysome plague , and infectious pestilence , for the common preservation , men may be restrained from commerce , and confined to their houses : and in an apparent apprehension of an invasion from abroad , encouraged by a party at home , men may be seized , or imprisoned , or restrained to their habitations . thus divine providence constituted the general law of nature to regulate the ordinary course of things : but beside these , miracles have been often effected , which the aforesaid law could never regulate : and yet these supernatural and stupendious works were always design'd for wholesome and excellent ends. thus nature her self , for her own preservation in vacuums , &c. causes natural things to act contrary to their natural motions , forcibly attracting heavy bodies upward , and as impetuously compelling the light to descend . and the express and positive laws of the decalogue , notwithstanding the solemnity of their promulgation , together with the evangelical commands of the new testament ( though back'd with stupendious miracles to attest their divinity , ) are null and void , when by extraordinary circumstances they are placed in opposition to the works of mercy , charity or necessity . our saviour , confirming this doctrine , matth. . . saith , which of you shall have one sheep , and if it fall into a pit on the sabbath day , will he not lay hold on it , and pluck it out ? notwithstanding the strict precept for the sanctification of that day . and our strictest casuists ( in case of necessity ) allow apothecaries to compound medicines , mariners to follow their daily labours , and midwives to do their office upon the lord's day ; and all this for the preservation of particular persons . so that the natural consequence from hence , is , that if the preservation of a few individuals be more acceptable to god , than the strictest litteral observance of his laws ; and the deliverance of the publick from ruine and destruction , a matter of such grand importance , such absolute necessity , as can consecrate the violation of positive laws , both humane and divine . then our present obligation , ( viz. ) the oath of allegiance , not to take up arms against the king , upon any pretence whatsoever , can be obligatory only in the literal sense , when the interest of the supream magistrate is in conjunction with publick safety and happiness , and has no relation to his particular intreagues , or personal humours . and if the royal authority ( as in our late circumstances ) be so deeply infatuated by the wicked counsels of impious and self-ended men , as to sever his peace , prosperity and quiet from that of the whole nation , and illegally to prosecute that advice so far , as to place his own safety , happiness and tranquility , in opposition to the safety , welfare and security of all his people ; the oath of allegiance is then loose , as to him , and obligatory only in the latter and more excellent sense . jac. but all oaths , when once taken , ( if imposed by a lawful authority , and legal oaths ) do so far invest the persons sworn to , with a right to the thing sworn , that the person swearing has no power of himself ( without the other's consent ) to retrieve that promise , unless by violence and manifest injustice . now the oath of allegiance being a lawful oath , imposed by a competent authority , my taking this oath invested the king with a right to my fidelity and obedience ; that without the approbation of his royal person , 't is not only unjust , but even impossible to divest him of it , and confer it upon another . will. right ! the former part of your assertion is true , the oath of allegiance is a lawful oath , and imposed by a sufficient authority ; yet his majesty , before you took this oath , was invested with as undoubted right to your obedience , and in as full and ample a manner , as if you had taken the oath a thousand times . neither indeed has the supream magistrate power to absolve you from this obligation ; and the reason of this is manifest ; for the daty of allegiance does so mightily conduce to promote the advantage and happiness of the whole society , that the publick in general , ( of which the supream magistrate is but a part ) challenges so large a concernment in it , that 't is a manifest wrong , an apparent injustice , for a particular person ( though never so great ) to dispence with the undoubted birthright of every subject . so that should the oath be taken only in the first acceptation , as you seem plainly to understand it , ( viz. ) to have relation only to the safety and preservation of the king's person , without an eye to the publick welfare and security , the oath , in that sense , is not obligatory , but , ipso facto , void from the very imposing . and the reason of this is plain and obvious , because all oaths , or promissory obligations , that are contrary to our duty to our god , our neighbour , or our selves ; repugnant to piety , justice or charity , are invalid , and bind not . rei illicitae nulla obligatio , is a maxim so consonant to the doctrine of the gospel , that no christian ( i suppose ) has a face to deny it . and that the oath of allegiance , in your sense , is res illicita , is easily manifested from several topicks . first , from its opposition to piety , and destructiveness to religion . his majesty to whom you have given this oath of fidelity , is by profession a roman catholick ; and , qua talis , he is obliged , not only by the principles of his religion , but sub poenâ , of excommunication , deposition , yea , damnation , to extirpate the protestant religion , to the utmost of his power , and to propagate superstition and idolatry in its room . now your notion of the oath of allegiance , is both a license and encouragement to such a supream magistrate , actually to free himself from the tyes of such powerful and terrifying obligations , by prosecuting the business : for when his person and government is secured ( under the penalty of perjury , and punishment of rebellion ) against all resistance and opposition from the publick , what block can hinder him from working out his liberty , setting up his superstition , idolatry , and approving himself to his holy father , by subverting our laws , destroying our religion , and by severely punishing those who obstinately oppose his arbitrary proceedings ? beside , if the oath of allegiance , ( viz. ) not to take up arms against the king , upon any pretence whatsoever ; but to assist his majesty with life , limb , and terrence honour , be to be understood particularly of the king's person ; by this argument , if a king degenerate to a julian , his subjects are ( by all sacred obligations ) bound to assist him with their utmost abilities , in demolishing the temples and houses of god , exterminating their religion , burning their bibles , and banishing the gospel from his territories , and by their endeavours to introduce paganism , and establish the worship of infidels . secondly , the oath of allegiance in this sense is not obligatory , because of its contrariety to justice and righteousness : politick justice commands us to support as well as obey all the wholesom laws of that society we are members of ; and the divine precepts enjoyn us to protect the innocent , relieve the needy , and defend the oppressed ; which are mandates very inconsistent with your notion of the oath of allegiance : for according to your interpretation of that obligation , all subjects are obliged to support and defend the supream magistrate in all his proceedings , as well when he oppresses the loyal and innocent , as when he punishes the guilty and criminal ; as vigorously in his encroachments upon the liberties and properties of the subject ( if he please to invade them ) as in maintaining his own just rights and prerogatives . but thirdly , whatsoever plea or objection may be made against the two former , there is in the oath of allegiance , taken in the aforesaid sense , such an evident repugnancy to that eminent and evangelical duty , charity , so frequently inculcated in sacred scripture , that that alone doth sufficiently evidence the invalidity of the obligation . the duties of mercy and charity , are not only the advice and counsel of our saviour , but his express and positive commands , ( viz ) that we shew mercy as our heavenly father is merciful ; that we deal by others as we would be dealt with in the like circumstances : merciful not only to mens bodies , the perishing part , but chiefly to their souls , that are immortal , and must live for ever ; that we may ( as much as in us lies ) promote and set forward the salvation of all men ; not to detract from , or add to the word of god , nor to comply with those that do it , but uncorruptedly to teach it to our sons , and our sons sons . now the oath of allegiance , in the aforesaid acceptation , can never be reconciled to this doctrine ; for that obligation , ( whenever the supream magistrate pleases ) destroys christianity , confirms the hobbian principle , opens a door to popery , turcism , apostacy , atheism , or what else that magistrate shall please to introduce . and whatever objection may be produced against it from our sins ; ( viz. ) that they are as numerous and great as the transgressions of sodom , unparallel and provoking as the wickedness of samaria , that our obstinate contempt , and voluntary abuse of his evangelical mercies , cry aloud to divine justice , at least , to obscure and darken his gospel , if not totally to deprive us of it , yet these can never justifie our proceedings to future ages , or yield any pretence to a plea , to free us from our duty of christian charity , to the infants of our time , and the children yet unborn , which doubtless are not criminals upon this account , which notwithstanding will ( by this unparallel stupidity of ours , under the mask or vizard of loyalty ) be ( as by a fatal and peremptory decree ) for ever deprived of the knowledge of the right worship of god , and inevitably involve them into such a lamentable condition , as will certainly render them either in defiance of god their creator , or in ignorance of a saving knowledge of their blessed redeemer . the natural consequence from the whole is , that the oath of allegiance can only bind in the first sense , when 't is in order to effect the second ; that is , it only obliges us to protect and defend the interest of the supream magistrate , when his interest is subservient to the welfare of the whole society . but if bigotted zeal , haughty ambition , or wicked counsellors , be so prevalent with the prince , as to obliterate his duty to the publick , and upon private picks and humors , destroy the laws , subvert religion , neglect all the methods of government , and separate his own happiness from the safety and welfare of the publick ; the oath in the former sense is void and inobligatory . and the reason of this consequence is very plain , because men are under former obligations to the contrary : for in the baptismal vow , ( which is commonly the first men make , ) they oblige themselves by that covenant made with god , to perform all christian duties , which respect either god , their neighbours or themselves , and especially to the works of piety , justice and charity . now after-obligations can never bind such to opposite duties ; obligatio prior praejudicat posteriori ; as in case of marriage , a pre-contract with one party , voideth after contracts with any other : and if a man convey lands to several persons , by deeds of several dates , the first conveyance stands in force , and all the rest are void . thus the oath of allegiance ( though design'd and taken in your sense ) becomes void and inobligatory , because it finds men formerly engaged to contrary duties . finis . books lately printed for richard chiswell . dr. patrick's sermon before the prince of orange , , jan . — sermon before the queen at whitehall , march. . . — sermon at st. paul's covent garden , on the first sunday in lent , being a second part of a sermon preached before the prince of orange . a letter written by the emperor to the late king james , setting forth the true occasion of his fall , and the treachery and cruelty of the french. king william or king lewis , wherein is set forth the inevitable necessity these nations lie under , of submitting wholly to one or other of these kings , and the matter in controversie is not now between k. william and k. james , but between k. william and k. lewis of france for the government of these nations . books lately published . a letter written by a clergy man to his neighbour , concerning the present circumstances of the kingdom , and the allegiance that is due to the king and queen . o. the case of allegiance in our present circumstances considered , in a letter from a minister in the city , to a minister in the country . o. a sermon preached at fulham , in the chappel of the palace , upon easter-day , . at the consecration of the right reverend father in god gilbert lord bishop of sarum : by anthony horneck d. d. o. the judgments of god upon the roman catholick church , from its first rigid laws for universal conformity to it , unto its last end. with a prospect of these near approaching revolutions , viz. the revival of the protestant profession in an eminent kingdom , where it was totally suppressed . the last end of all turkish hostilities . the general mortification of the power of the roman church in all parts of its dominions . by drue cress●ner d. d. a breviate of the state of scotland , in its government , supreme courts , officers of state , inferiour officers , offices and inferiour courts , districts , jurisdictions , burroughs royal , and free corporations . fol. an account of the proceedings of the convention of the estates of scotland , from their first sitting down to this time ; which will be continued weekly . an account of the reasons which induced charles ii. king of england , to declare war against the states general of the united provinces in . and of the private league which he entred into at the same time with the french king , to carry it on , and to establish popery in england , scotland , and ireland ; as they are set down in the history of the dutch war , printed in french at paris , with the privilege of the french king in . which book he caused to be immediately suppressed at the instance of the english embassador . fol. a discourse concerning the worship of images , preached before the university of oxford the th of may , . by george tallie sub-dean of york . [ for which he was suspended . ] o. some considerations touching succession and allegiance . o. reflections upon the late great revolution : written by a lay hand in the country , for the satisfaction of some neighbours . o. the history of the desertion ; or an account of all the publick affairs in england , from the beginning of september . to the twelfth of february following . with an answer to a piece called the desertion discussed , in a letter to a country gentleman by a person of quality . o. scriptorum ecclesiasticorum historia literaria a christo nato usque ad saculum xiv . facili methodo digesta . qua de vita illorum ac rebus gestis , de secta , dogmatibus , elegio , stylo : de scriptis genuinis , dubiis , supposititiis , ineditis , deperditis , fragmentis ; deque variis operum editionibus perspicue agitur . accedunt scriptores gentiles , christianae religionis oppugnatores ; & cujusvis saeculi breviarium . inseruntur suis locis veterum aliquot opuscula & fragmenta , tum gracd , tum latina hactenus inedita . pramissa denique prolegomena , quibus plurima ad antiquitatis ecclesiasticae studium spectantia traduntur . opus indicibus necessariis instructum . autore gvilielmo cave , ss . theol. profes . canonico windesoriensi . accedit ab alia manu appendix ab ineunte saculo xiv . ad annum usque mdxvii . fol. . dr bvrnet [ now bishop of salisbury ] his life of dr. william bedell , bishop of kilmore in ireland ; to which are annexed the letters betwixt him and wadsworth , abou● religion . — two letters written upon the discovery of the popish plot ; together with a collection of several other tracts and discourses : written by him betwixt the years . and . to which is added a letter written to dr. b●rnet , giving an account of cardinal pool's secret powers . the history of the powder-treason , with a vindication of the proceedings thereupon . an impartial consideration of the five jesuits dying speeches , who were executed for the popish plot , . — a vindication of the ordinations of the church of england : in which is demonstrated , that all the essentials of ordination , according to the practice of the primitive and greek churches are still retained in the church . — reflections on the relation of the english reformation lately printed at oxford in two parts to . — animadversions on the reflections upon dr bvrnet's travels . vo . — reflections on a paper , intituled , his majesty's reasons for withdrawing himself from rochester . — enquiry into the present state of affairs , and in particular , whether we owe allegiance to the king in these circumstances ? and , whether we are bound to treat with him , and call him back , or no ? — sermon preached before the prince of orange , d decemb. . — thanksgiving sermon before the house of commons , . jan. . — eighteen papers relating to the affairs of church and state , during the reign of king james ii. seventeen whereof were written in holland , and first printed there ; the other at exeter , soon after the prince of orange's landing in england . — letter to mr. thevenot ; containing a censure of mr. le grand's history of king henry the eighths divorce , to which is added , a censure of mr. de meaux's history of the variations of the protestant churches . together with some reflections on mr. le grand . . notes, typically marginal, from the original text notes for div a -e h regale servitium quia specialiter pertinet ad dominum regem . britton . sol . . * quod initio vitiosum est ; non potest tractu temporis convalescere . * contra constantum augustum . † de regibus apostaticis . * lib. . de jure belli . cap. . † pag. . † iurare nihil est aliud quam deum testem invocare . assumere deum in testem dicitur jurare . a copy of a paper sent to john otway, justice of the peace, concerning swearing howgill, francis, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : b or : ) a copy of a paper sent to john otway, justice of the peace, concerning swearing howgill, francis, - . [ ] p. s.n., [london : ?] caption title. signed at end: francis howgill. this item appears at reel : bound following wing c , "a journal of the life of ... will. caton," and at reel : . reproduction of originals in huntington library and earlham collge library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- quaker authors. society of friends -- apologetic works. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copy of a paper sent to john otway , justice of the peace , concerning swearing . my friend , tho i am little known to thee , or acquainted with thee , as to any converse or conversation , yet hearing of thy sobriety , and readiness to hear and enquire into those things which are scrupled among christians ; and what may be said for or against any thing wherein every true christian ought to be satisfied in his mind , before he can believe and receive it as a truth ( to have his conscience obliged thereby ) which i account a point of wisdom , and not to take things upon trust , and hear-say , and tradition as many do , without any further enquiry ; also understanding , that thou hast not a hand in persecuting thy neighbour , in bringing them into bonds , and others which i know thou mightst have done , had not somthing in thy self limited thee beyond either law or examples , which i hope thou wilt never have cause to repent thee for : for the meek shall inherit the earth ; and to the merciful god sheweth mercy . and if ever there was an act of mercy , this is one , to be tender of them that are tender of gods glory and worship , when so great severity hath been used against them that fear the lord in their hearts , which is the seat of the lords judgment in man. likewise hearing , that thou at a publick session at kendall lately , in thy charge or speech in the court , spoke something about oaths , and the lawfulness of them , and said that some gave false glosses upon matth. . and james . and did assert the morality of them among christians , and how the angel swore after christ had given that command ; and shewed a necessity of them among christians . the consideration of these things , with some other , was an inducement unto me , to write these few things unto thee , and shall leave them to thy consideration , , and to the spirit of the lord in thy self to judge according to that , and seeing i am a sufferer at this day , and a great one too , upon this account , which if i were not certainly perswaded upon good ground of the truth of that i have believed in this particular , i neither could nor would suffer for it ; but i must not forcean implicit faith upon any , only judging it may induce thee the more to consider what i say . i have had my share of long contests about this thing amongst my brethren , and much hath been written about this particular by divers hands , whether any of them ever reached thy hand or not ; but however , i would not be tedious unto thee , and therefore shall contain my self in as narrow a compass as may be in so weighty a matter , for which many thousands have and are like to suffer . first of all , there was a time when there was no oaths , when man was made in the image of god , which consists in righteousness and true holiness , equity , long suffering , patience , goodness , mercy and truth , wherein man was in a capacity to believe in god , and men to believe one another : this was in the beginning after the heavens and the earth was made , and all things that are therein ; then there were no oaths , neither needed any , for truth lived and man in it , and that spoke ; and a certainer testimony there could not be , nor a greater : and this was before sin and unbelief entred . . whosoever comes to witness a restoration again into the same image by christ , the second adam , as all that are born of god and are true christians indeed do come to , there will be nothing but truth speaking and ruling in the heart , and in the words : and oaths ends . . but after man had transgressed , and eaten of the tree of knowledge of good and evil , and went from the power of god , and had broken the covenant of god , he lost his wisdom , and folly entred ; he lost truth and a lye entred and unbelief : so that he believed not god , neither the sons of adam in the fall could believe one another ; and sin being entred , and death by it , deceit grew fast and unbelief , and but a few in a generation bore the image of god before the flood , as abel , enoch and seth , and some few in comparison ; and the rest generally corrupted their waies , and bore another image , and went after the imagination of their own hearts , and set up images and idols ; and also after the flood when the earth began to be replenished , the cursed seed grew faster , and many great nations became ignorant of the true god , and made gods of gold and silver , wood and stone , and reverenced them , and worshipped them , and stood in fear of them , and had them in esteem ; and swore by them as the greatest thing , and gloried in them . . abraham who feared the lord , and hearkned unto his voice , whom the lord singled out of many people , as a righteous root of whom he would raise up a righteous generation ; and more righteous than the rest of the nations , and made a covenant with him , and he was called the father of the faithful , and was the original of all the tribes of israel , and the thousands of the people ; but the most of them became vain also , and as corrupt as other nations . and the four hundred years that they had lived among the egyptians , they learned too much their manners , and were much corrupted and darkned in their understandings , and therefore the lord was wroth with them , and few were made partakers of the promise , because of their unbelief . . the law was added because of transgression four hundred and thirty years after the promise was made ; or as some account from the creation two thousand years , which law was given at sinai to israel , and not to the gentiles ; as it is written to jacob , he gave his law to israel , his statutes to every nation he did not so ; which law some of latter times have divided into three parts , moral , judaical , and ceremonial : which distinction i do not read of particularly in the scripture . moral , as that which pertaineth to the manner of israel , how they ought to worship god , and walk towards their neighbour . ceremonial , that which pertained to the priests and people , as to form or discipline , which was shadowy . judaical , as that which belonged to their policy or state. the two last generally are acknowledged ( if i may say parts of the law ) to be ended , and is not binding unto christians ; but the first part , some have said , is moral and perpetual ; the discussing of which would take up more time and reading than i intend to trouble thee with . . seeing the law , all of it was added because of ( transgression ) that was the cause its evident , if there had been no transgression there had needed no addition of a law , as a limit or rule : so whosoever comes thro christ jesus , to witness transgression finished , and an end of sin , they become dead to the law ( tho they are not without a law to god ) for it hath power over a man as long as he lives , to convict him , and judge him ; but being come to the image of god against such , there is no law , tho they are not without one , as i said , to god and his christ. . but because the lord would not suffer israel to walk according to the heathen , he in love to them , gave them a law sutable to the state they were in before the seed christ was manifest , and the covenant was sutable to their state ; their minds was outward ; and their covenant was outward : their minds was mutable , their covenant was so ; and these pertained to a part above the seed , and were shadows of good things to come , which ended all in christ ( tho not destroyed ) so the tabernacle , temple , priests , oblations and offerings ; sabbaths , fasts , feasts , oaths , tythes , circumcision , and the like , tho they were all real commands of god in their time , and continued unto the time of reformation , that is , till the law ended , and the priesthood , covenant and hebrews . . it is granted by us in the covenant , the jews might swear , and did in truth and righteousness , and were commanded so to do , to swear by the true god , and reverence his name and sanctifie it ; and least they should swear as the heathens did by their false gods , and reverence them that are no gods , he commanded to swear , and fear and reverence his name that was the living god ; and i look upon it as the low condescention of god , or stooping to them in their state they were in , because there was unbelief in them ; therefore to end strife they might swear , and it was permitted them , even as it was to have a king when their hearts was set upon it ; so the lord considering their state , the lord swore by himself , for their sakes , and as they swore by the greatest ; so he by himself , being there was no greater to confirm the truth of his words , because of the weakness of their faith , or rather unbelief . . but we do not read of all the oaths amongst the jews for some there was that feared an oath , that ever they were imposed under any outward penalties , as they have been of late among christians in name ; but for all the scriptures and examples that have been or can be brought , to prove oaths lawful under that ministration and covenant to save all men the labour , who would contend for the jews swearing , we allow the same and assent to them ; so thus them that will contend and prove swearing , then they shall contend without an adversary for me or that people i own in judgment . . but the great thing that seems to carry all the weight on its back , is the morality of it still among christians , as some plead ; unto which i answer , was not the sabbath of the jews , as moral of that of oaths , or any other command in the ten , or elsewhere , which i have heard some parish priests say was moral and perpetual among christians , and yet they themselves break it by practice ; the command reached only to the seventh day , and whoso alters it , lets up another thing , and then how is it moral . the like doctrine they teach about oaths , and hath darkned peoples understandings without distinguishing betwixt time and time , and ministration and ministration ; but some say , christ came not to destroy the law moral but to fulfil it ; it is granted again , some say , tho they very far strain the words in the third commandment , we are not only forbidden to take gods name in vain , but to sanctifie by praying , praising , and swearing upon occasion : if i grant all these under the gospel in force , in the substance as under the law ; i say , leave nothing of the shadow , or type , or ceremony , as to be standing or binding among christians ( as it is not . ) it s granted , the substance of all had nothing of force under the gospel : for the law had a shadow of good things to come that came by moses , but the grace , the truth came by jesus christ , the substance ( and he is the substance ) and he living in a christian , speaks and testifies the truth , and there need no other in any judicature , and that was never denied by us but often profered , but seldom received . incense was the ceremony of praying and praising , but the substance is lifting up the heart to the lord , from the motion of his spirit ▪ and praising is making melody in the heart to the lord. and circumcision of the heart is the substance of the circumcision in the flesh , rom. . and christ the substance of the passover ; and christ is the substance of that shaddow or ceremony of swearing , and that which every christian ought to do , is to speak the truth , and to testifie the truth from the heart , and this is the substance , and that which is required under the gospel ; and this we never refused , and this divers learned men hath confessed is the sum ; read isa. . . and compare rom. . & . and so is confession of a truth , and testifying the same about any matter , be not equivolent with an oath under the law. . as for matthew . and james . we give no glosses upon them , but do receive the words as they are , the precepts of christ and james ; and we cannot allow all those glossers , who would pervert their words from their jenuine sence , which we take clearly to be a limitation from all swearing whatsoever under the gospel ; and not only in communication , but even before all men , and at all times ; not only from vain oaths , and false swearing , and by the creatures , but from all swearing whatsoever , the scripture is so evident and so clear , that its much that any should stumble at the commands ; the very stop of the chapter clears the thing ; yea , even some who have contended against us , have been made to confess that the perfection of obedience required under the gospel , was above that the mosaical law did exact or teach ; and from these scriptures , so dr. gauden and vsher , the one contended against the quakers , the other for the waldenses against the romanists . christ saith of old time it hath been said , thou shalt not kill ; thou shalt not commit adultery ; thou shalt not for swear thy self , nor by the creatures ; and if they were not to swear by them alone , nor the altar , neither head nor foot , then , why now by the bible or upon a book , seeing that it s made of creatures ? but it s said by the contents of the book what doth the book contain more then true words ; and if the heaven of heavens cannot contain him , i am sure the book cannot . away with this imposed traditional ceremony . but christ saith , whosoever is angry with his brother , is in danger of judgment . and again , love your enemies ; and whoso looks upon a woman , and lusteth after her , hath committed adultery : but i say , swear not all , but let your yea be yea , and your nay , nay , whatsoever is more cometh of evil ; so that its evident he speaks of a further perfection of obedience under the gospel , than under the law : for if it be only vain oaths and false swearing , and by the creatures that he prohibits , then the law had said as much , and he said no more than the law , for these were reproved by the law ; but its manifest he required a more exact obedience than under the law ; and likewise those things that had been permitted because of the hardness of their hearts , he took away and brought them by his doctrin to that state which was in the beginning before darkness and hardness was . and as concerning the angels swearing , to which of the angels said he , thou art my son , this day have i begotten thee ? and again , i bring forth my first begotten son , and let the angels worship him : and therefore the ministration of the son is above the angels , and both angels and their ministration are to give way unto christ , and he must be worshipped ; and no example of either angels or men ought or can violate the commands of christ. . it was a doctrin believed and received among the primitive christians not to swear at all , that there was no question made of it , tho in the times of persecution , when their liberties and lives lay upon it , yet they denied to swear , and keep in the first gospel doctrin taught , and would not violate it . a cloud of witnesses i might bring to confirm the truth of what i say in that particular , but that i intend this only as a manuscript and no further ; so i will not be tedious , but only take a few fathers whose doctrin is generally received . origen saith , it behooves not a man , who lives according to the gospel , to swear at all . chrysostome forbids not only swearing , but to swear at all . jerom , the gospel truth admits not of an oath . austin , any man that is a common swearer , no more credit can be given than to a lyar , a thing too much in use in our age , yet none debarred from swearing in judicature . jerom upon mat. . and james . these are his words , it was permitted to the jews , being in wickedness and infancy to offer sacrifice to god , least they should sacrifice to idols , so they might swear by god , not that it was righ ful so to do , but because it was better to swear by the lord , than by false gods or devils ; but the great evangelical sincerity and truth admits not of an oath , since every true saying is equivolent thereunto . theophalact , hillary , athanasius , theodoret , and lactantius , and others taught much against swearing without any limitation . polybius observes in the best and purest times , and simpler ages of the world , oaths were never used in judicature ; but after unbelief and lying increased , oaths increased . justin martyr saith , it was enough security in all cases to say , i am a christian ; and if any oath either for matter or manner was tendred , they repeated this as the only satisfaction they could give , i am a christian. polycarpus and basilides , both martyrs , denied to swear at all , and what is this become such a strange , new , and dangerous doctrin amongst us in those days that profess christianity ; as that now are reckoned good members either of church or state but swearers , but i have done , desiring thee to peruse these things over in the same love that i writ them , and what ever thou dost hold thy hand from persecution , for assuredly god will bring a rebuke upon the nation for it , and all them that withstand the lord in his people . farewel . thy true friend , francis howgill . a discourse, shewing that it is lawfull, and our duty to swear obedience to king william, notwithstanding the oath of allegiance taken to the late king. by a divine in the north divine in the north. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d ab estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a discourse, shewing that it is lawfull, and our duty to swear obedience to king william, notwithstanding the oath of allegiance taken to the late king. by a divine in the north divine in the north. [ ], , [ ] p. printed for joseph hall, bookseller in new-castle upon tyne, london : . identified as wing d variant (number cancelled in wing ( nd ed.)) on umi microfilm "early english books, - " reel , and as wing ( nd ed.) d ab on reel . reproductions of the originals in the union theological seminary library, new york, new york ("early english books, - " reel ), and the british library (reel ). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william -- iii, -- king of england, - -- early works to . oaths -- england -- early works to . great britain -- history -- revolution of -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse , shewing that it is lawfull , and our duty to swear obedience to king william , notwithstanding the oath of allegiance taken to the late king . by a divine in the north. london , printed for joseph hall , bookseller in newcastle upon tyne . . to the renownedly learned and reverend gilbert bvrnet , d d. lord bishop of sarvm . reverend sir , my zeal for this present government , ( the happiest change that ever nation was blest with , ) and my trouble to see some remaining scruples , which ( in despight of all god's manifestations to us ) seem yet to disturb our israel , have so far transported me beyond the bounds of modesty , and made me forget my own weakness , as to thrust upon you this unworthy pamphlet . my forwardness for the cause had wellnigh put me upon the printing of it without farther consultation ; but upon second thoughts i judg'd it safer in a matter , of this weight , to consult some of greater learning : and whilst my thoughts were roving to find out some proper persons , ( of which , upon several accounts , there are but few in this quarter of our world , ) attracted with the fame of your worth , and learning , and the sense of your great actings in our happy change it self , they seemed to bend to you-wards . and though a person of less business , and less note , might very well have served to examine so pitifull a piece , yet promising my self better usage from you , whose candour must be answerable to your greatness , than perhaps i might meet with from some of lesser note , i resolved , however bold it might appear in me , to take this way . accept therefore , reverend sir , this poor piece , which however rude it be , if it be but sound i care not : and though it was very fond of the journey , to come and present it self to you , yet it will , upon the approach of so grave a censure , ( methinks ) begin to tremble . and if i be prevented by any other who ( questionless ) may doe it better , i am very well pleased with the service which may be done ●o my sovereigns by it , and think my self sufficiently rewarded for my poor endeavours , that i had the honour of expressing to you my readiness in them . god preserve you , reverend sir , and enrich his church more and more with such noble patriots . a discourse , shewing that it is lawfull , and our duty to swear obedience to king william , notwithstanding the oath of allegiance taken to the late king. among the many scruples of conscience , which have risen from this turn of times , the greatest , in my opinion , and ( i hope ) the last is this : whether or no it be lawfull for those , who have sworn allegiance to the late king , to take this new oath of allegiance to king william . this is the great scruple which , i find , cannot easily be shaken off by men even of greatest learning , and greatest integrity ; and if men could but once clear themselves of this , i hope , there will remain no farther cause of scruple . and although i do not pretend to prescribe rules to others , who are wiser and better than my self , yet what i here write for my own satisfaction , may perhaps be somewhat satisfactory too to such whose want of leasure , or other lets , may hinder them from making enquiry into the thing themselves . first then , there are two preliminary questions necessary to be considered , in order to the resolving this present scruple . the first is , whether or no i can be any longer obliged to a man by oath , or otherwise , when he himself is divested of that power , in consideration of which i was by oath , or otherwise , obliged to him ? and it is certain i cannot . the thing is so common , and clear , that it needs not much proving , there being daily instances of the thing : for though a man is obliged to a lord of a manour , a magistrate , or master , so long as they are such , yet when they once cease to be such , and are superseded by oaths , my obligation , how strong soever , doth then cease , and i may a-new be obliged to the succeeder . the next question is , who is to be owned as supreme ? he who was once our lawfull king , or he who by force , or otherwise , hath dethroned this king , and is himself seated upon the throne ? and in my opionion , the last is supreme ; for the bearing of the sword is so inseparable from the supreme power , that the very life of supremacy consists in it ; and it is as improper to call him king who wants power , as to call him a man , who wants reason . a king is set over a people by god , as his vice-gerent , and endued with power sufficient to endourage and defend the righteous , and punish the wicked ; but when god takes from him all power , so that he can neither doe the one , nor the other , how can he be called god's vice-gerent , and supreme ? is not he rather to be called so , and to be look'd upon to be such , upon whom god hath transferr'd this power ? and as he who is lawfully ejected can no longer lay any claim to that estate out of which he is ejected , but he is to be owned as lord , who is lawfully possest of it ; so when god , who hath the sole disposal of crowns , and may give them to whom he pleases , doth dispossess a king of a crown , and puts another in his place , we are then to acquiesce . it 's true , whilst the thing is in dispute , it is the part of every honest man , to stand up for his king as much as he can , but when once the business is ended , and actuall possession given , ( which could never be without god's fiat , who himself is the judg of kings , and putteth down one , and setteth up another , ) there is then no farther appeal to be made , or writ of errour brought , unless we think we are higher than god , and have a better right to dispose of crowns then he ; we are therefore to own him as supreme , whom god hath set up , and not obstinately to stand but for him who is actually dispossest . again : since the tribute , and revenues of a crown are the stipend of god , ( if i may call it so , ) appropriated by god to the supreme powers , as his ministers , it being necessary for the support of their grandeur , and carrying on of their business , and therefore , st. paul saith , they are god's ministers attending continually upon this very thing : when then this tribute is quite taken from one , and given to another , so that it is impossible for him from whom it is taken to appear any longer as the minister of god , and carry on his business , god then seems to me to have actually discharged such an one from his service , and to have pitcht upon the other to be his minister , to whom the tribute is paid : and therefore it seems clear to me , that he is to be owned as supreme , and god's minister , who actually possesseth the throne , and the appurtenances thereof ; and not he who was once king but is now dispossest : as for that nice distinction of a king de jure , and a king de facto , i look upon it to be a mere chimaera , and no way practicable . a man cannot serve two masters , as our saviour saith : we must suppose this king de jure to be a king , and if he be a king , he must be acknowledged for such , and have all the honour and service paid him which is due to a king. again : the king de facto must be acknowledged too to be a king , and being so , must be honoured and served as a king ; now what can a man doe in this case ? if he serve the one he must neglect the other , if he cleave to the one , he must forsake the other ; he cannot serve them both , they bothlaying claim to the same services . since then it is impossible to serve them both , there can be no such thing in nature as two kings , a king de jure , and a king de facto ; for we know that nature designs an end to all her actions , but there can be no such action where the end is impossible : the query is then , since there must be but one king , which of the two is he ? the king de jure , or the king de facto ? it is certain the last is he . my argument is this : affairs cannot be managed by fancy , and suppositions ; there must be acting in the case : now a king de jure is only an empty title , and cannot act , the whole power of acting being in the king de facto ; and therefore unless you think you can live upon mere notions , you must of necessity have recourse to the king de facto , and own him as supreme , since he is only in a capacity to act . and whereas it is said , that the crown cannot be forfeited , and that therefore a king whilst he lives can never cease to be king ; once king , and allways king. to this i answer : grant that it cannot legally be forfeited , and that though the law obliges the king , yet it cannot punish him ; and that the law hath so fenced about the persons of kings , that it is impossible in the sense of the law , for a king upon any trespass whatever to forfeit his crown ; and that there is no subject can offer any violence , or attempt any thing against the prerogative or person of the king , but at the same time he becomes a trespasser of the law , and by the law is punishable ; grant all this i say , that the laws of the land do , as much as they can , secure the right of dominion in the person of a king , and his successors , so that as far as they can make him , he is king de jure ; yet jure they can never make him so absolute , but that god hath still a right above him , and power to depose him ; and whenever he doth it , the right , and power , which were by law deriv'd , or secur'd to that king , must then cease , and be null : and therefore ( in my opinion ) let such a king , and his abetters pretend to what they will , and lay claim to the crown as much as they please , by virtue of this and the other constitution of government , yet such claim is quite out of doors , when there is another king de facto ; and the king de facto is king de jure , and claims under a far greater right ; for it is jure divino that kings reign , but it is only jure humano that they are hereditary , or elective , that there is this or the other sort of government . it is certain therefore , that though it be granted , that the crown cannot legally be forfeited , yet it may be otherwise lost , and seized on ; god may make a forfeiture of it , and dispose of it to whom he pleases ; otherwise there can be no conquerour in the world can have any right to the crown , which he conquers . but you will say , a conqueror is one thing , and an usurper is another ; you will own a conquerour to be supreme , even when the conquered king is living ; but you will not own an usurper to be so : and thus ( i know ) many will talk , but ( if i may be so bold as to say so ) it 's just at random , never knowing , nor weighing what reason there may be for the one more than the other : but i am resolved , with the little wit i have , to pause upon things better , before i swallow them down so inconsiderately . let us then compare the conquerour and usurper together , and see wherein the excellency of the one lies above the other . and first then , grant that some conquerours have at first been on the defensive side , and have had just cause of war , yet they were not so just to give over , when they have got sufficient reparations ; but being heartened with success , would admit of no terms , but went still on , till they had ruin'd their nighbouring prince : this ( i am sure ) was neither just , nor lawfull ; and yet , being conquerours , their supremacy is owned : but where there is one who at first hath had just cause of war , there are many of them for this one who had not , but invaded their nighbours purely out of ambition , and a desire to enlarge their dominions : this surely was unjust , and yet their supremacy is owned . i ask then , what is the cause why we may lawfully own their supremacy ? is it the unlawfullness of their war ? no sure ; that cannot be it . what can it be then ? truly nothing else , but because they prov'd victorious , and possest themselves of the throne . now then , if a conquerour is to be owned as supreme because he is possest of the throne , though his war was illegal ; i ask , why an usurper is not to be owned as supreme , when possest of the throne , though he too came illegally to it ? it 's true , you may say , you look not upon an illegal war to be so heinous as rebellion ; i grant it ; but yet i look upon them both to be unlawfull means of coming to a crown . the truth of it is , though the lord cannot be the authour of the evil of sin , yet he is the authour of the evil of punishment . can there be evil in the city , ( saith amos , ) and the lord hath not done it ? and god , in whose power alone it is to punish kings , may punish them as well by the hand of a rebel , as an invader . we have so many instances of this , and those so clearly owned by god too , that it is not to be questioned ; and he hath too as clearly owned these very men to be set up by him , and to be his kings , who ( though they had no good design of their own in it ) were yet designed by him , for the punishment of those other kings whom they dispossest . and when they are thus set up , surely they are supreme , and are to be owned as such , unless we will prove 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and fight against god. and therefore , if we first have recourse to examples taken out of the scriptures of the old testament , we shall find , that though rebells ( for such they were , when they did it without a special commission from god ) did rise up , and kill their kings , and possess their thrones , that the people were yet subject unto them ; and they are listed among the other king 's , and their reigns set down as kings in the sacred cronicle , but ( it 's true ) with the infamous addition too of the treason which they wrought . and when it pleased god that they should be serv'd in the same kind , yet ( of so sanctifying a nature is the enjoyment of the crown ) even the persons of those usurpers were by it accounted so sacred , that even they who rebelled against them , following their example , are by the holy ghost branded for traitors , and punish'd accordingly . i shall for brevity sake referr you to the scripture it self , where you shall find examples of this in many , if not in most of the kings of israel . but to deal fairly , as one who is not wedded to his opinion , but desires to inform and be informed , there is one instance amongst the kings of israel which seems to make against me ; and it is that of zimri , who killed elah , and was himself within seven days killed by omri , whom all the people of israel assisted . but we must consider , that he was not seated upon the throne of the kingdom , but reigned only in one city , namely , tirzah , all the rest of the kingdom disowning him . but there is another example amongst the kings of judah , which seems to make much more against me , and to be the very case in hand . athaliah , the queen-mother , her son ahaziah , king of judah , being dead , arose , and destroyed all the seed royal , and possest her self of the throne , and reigned seven years , ( a considerable time to have ended all disputes , if the case had not been extraordinary ; ) jehoshebah , his aunt , having saved joash ; the only son of ahaziah that was left unkill'd , hid him all that time ; and then jehojadah the priest acquainting the chief officers with it , brought him forth , where , with an unanimous consent , he was forthwith proclaim'd ; with the shouts of which proclamation , atbaliah being allarm'd , and incensed , runs into the temple , and seeing the young king upon the throne , doth there in her own right , her self being herald , forthwith proclaim them traitors , crying , treason , treason ; but they were so far , from taking notice of any thing of a claim which she made to the crown , or of her accusation of treason which she laid against them , that , as jehojadah had before ordered it , she was forthwith taken out , and executed . and certainly either this instance or none will be able to make out , that usurpers , when seated upon the throne , are yet to be deposed , and the king de jure only to be owned . and i have the rather quoted this instance , because i expect it may be instanced against me ; and therefore resolved throughly to discuss it , as well for my own , as for the satisfaction of others . but though it seems to make so much against me , and though i have set it out as much as i could , to the advantage of the contrary opinion , yet i shall now shew wherein it falls short , or rather indeed makes for my side . and first , if we consider who the person was , who was the main instrument of this change , we shall find it to be jehojadah the priest , and we must needs think , that he being satisfied that the child was preserved alive , would in this grand concern consult the oracle of god , to which he might have recourse , and the consulting of which was his office. again , we have the grounds upon which he and the people proceeded to this change clearly set down , . chro. . . it was an oracle delivered by god to david , that there should allways be a male of his seed , to sit upon his throne ; they therefore taking this promise of god to david as an infallable truth , and finding acccordingly , that beyond all expectations there was a male child preserv'd of that line , they therefore waving all other obligations , did stick to this divine oracle : so that the case is vastly different from any thing that could have happened since , they then having god's special directions in the thing ; and this child ( as were all the kings of judah ) being a king de jure indeed , but of such a jure , that never king in the world , since our shiloh came , can lay claim to the like ; for if it had been only such a jus , as our kings have to the crown , they might as well at first have stood up against the usurpress in behalf of jehosheba , to whom ( according to the tenure of bare succession ) the right of the crown did devolve , after the slaughter of her nephews . but this they did not . and here lest i overslipt it , i must ( however out of order ) take notice of a very remarkable point , which is this : that the people offer'd not to stirr ( which i shall presently prove ) in defence of the succession against athaliah , who was possest of the throne ; nay , though jehosheba , who by succession was the right heiress to the crown , was alive : and this may serve to satisfy those men , who are so stiff , that they will not own the king de facto , whilst the king de jure ( as they term him ) is alive . and now i am to make out , that this instance makes more for my opinion , than the contrary . it is recorded , that athaliah reigned all those seven years , till it came to light that the child was preserved ; and if she reigned , it must be granted , that she had the same power as well over priest , as people , which the kings of judah had ; and we never read that jehojadah , or any other , were before disobedient to her , till it was known that there was a male-heir , who by the particular direction of god was to reign . and it must be presumed , that they would still have own'd her as supreme , if this had not come to light , though she came to the crown by most illegal and bloudy means ; for it cannot be supposed that jehojadah knew any thing of the first hiding of the child ; and therefore might from the very first be disobedient to her ; for it would have been unsafe to have conceal'd it so long : and it cannot be said that he expected a more fit time to publish it , when the child should be of discretion to govern ; for even when he was crown'd , he was but seven years old , which ( i am sure ) are not years of discretion : it follows therefore , that jehojadah knew nothing of it ; and therefore must be presum'd till then , to have liv'd in subjection to athaliah , as supreme . and now i leave it to the world to judg , whether this instance ( however it might seem at first to make against me ) doth not make more for me , than for those who are of a contrary opinion . the next thing then that we must have recourse to , is the practice of the primitive christians ; and i dare challenge any man to tell me , which of them in all those many revolutions of affairs , when the succeeding emperours were allways by indirect means supplanting their predecessors ; which of them ( i say ) did ever deny subjection to the emperour in being , however unlawfully he came to the throne ? nay , i shall give you an instance to the quite contrary . philippus bardas was emperour , and ( if we believe eusebius ) was baptiz'd , and a christian , and therefore must certainly be mightily endear'd to the christians , who never before had any emperour of their persuasion , but emperours who most of them did persecute them in most cruel manner . now certainly , the loss of this emperour would trouble and offend them , and render them ( if ever ) disaffected to the government of the succeeding emperour decius , who depos'd him , and murthered him ; yet for all this , so far were they from disowning the present emperour , who yet came so unworthily to the throne , that they thought it their duty to pray for him , and not only for him , but afterwards for gallus , who succeeded him , and was in every respect as bad as he . he chased away ( saith dionysius , bishop of alexandria , in his letter to hermammon ) the holy men which pray'd for peace , and his prosperous state , and so together with them he banished the prayers continually poured unto god for him . eus . l. . c. . and surely we cannot think that those undaunted champions of christianity could , to save themselves , be in the least guilty of any flattery , or idle complement ; no sure ; but this they did , being thereunto oblig'd by the holy scriptures , wherein we are commanded to pray for kings , that we may lead a quiet , and godly life under them ; and surely we have still greater reason to pray thus for the worst of kings , because they are in greatest danger of being disturbed , and disturbing other . and if indeed the practice of those primitive christians had been such as to disown their authority , and seek to disturb them , and yet at the same time to pray for their peaceable reign , their prayers , and practice being so diametrically opposite , they would certainly have been lookt upon , ( and that justly too ) as the worst of men , and no way to be trusted . and though the blasphemous complement of boniface to phocus was more than flattery , and an espousing of his barbarous way of accession to the crown ; yet if he had only been subject to him , and pray'd for him , when seated upon the imperial throne , he had done no more than all good christians then did , and might lawfully doe . honest st. martin did much better , who drinking to his deacon , and not to the emperour , let him see ( though indeed too haughtily , tartly , and publickly , not like a courtier , nay , nor a prudent bishop , whose likelier way to work upon the emperour had been to have reprov'd him deliberately , calmly , and privately , this other being the ready way to have disoblig'd , and quite lost him ) let him see ( i say ) that his unjust way of coming to the crown was displeasing to god , and did deserve his fatherly correption , and penance . now this was all that he did , and this is that which every ghostly father of a king ought , and may doe , to admonish him of his sins , and yet at the same time own his supremacy . and i look upon him , who , in those great debates here in england betwixt the houses of lancaster and york about the crown , did live peaceably under that king that was possest of the throne , to have been far the better subject , and better christian , than he whose turbulent spirit was still for change , and was the occasion of so much war , and bloudshed . and thus i have made it out , that not only a conquerour , but an usurper is to be owned as supreme , and to be set up by god , when possest of the throne . but then the query is , how far he must be possest of the throne , that we may acknowledge him set up by god , and desist from any farther opposition . it 's true , we have no such revelations now as were in the times of the old testament , and therefore may still be at a stand , when such kings are fully set up by god ; yet , if i may spend my weak judgment upon it , i look upon a king to be thus set up , when the former king , and his heirs , being either banish'd , kill'd , or imprison'd , the other is seated upon the throne ; and so far , either for fear or favour , own'd by the nation , that there is wholly a cessation of arms , or a very inconsiderable opposition made . and if god hath the same power still ( which to question were blasphemy ) to pull down and set up kings when he pleases ; and yet since we cannot expect any revelation from him , when he does it ; either this rule which i have here mentioned is the only way to know it , or else i would gladly know what other rule we have to know it by . but here it will be objected , that if possession gives right , the law must be quite laid aside ; and he that hath the strongest arm will have the greatest right ; and so this doctrine will be an inlet to all oppression and violence . to this i answer , that grant a king cannot be punish'd , and dispossest by due course of law , and that therefore god ( if i may say so ) is forc'd for the punishing and dispossessing of kings to use extraordinary means , which may tantamount to a law ; yet sure the law is sufficient to take cognisance of subjects , to punish them , and redress their grievances one to another ; and therefore they need not , and ought not to take these extraordinary means , which god sees often fit only and necessary for the punishing and dispossessing of kings . but of so intricate a nature is the matter in hand , that i have scarce unravelled one doubt , when presently there arises another . at this rate ( say you ) even a good king ( instance king charles the martyr ) may be destroyed by an usurper , and yet the usurper is not to be questioned , but own'd as supreme : certainly god never intended to destroy a good king so ; and therefore if an usurper destroy such a king , he cannot be of god's setting up , and therefore is not to be owned as supreme . to this i answer , that i cannot without sorrow reflect upon the horrid murther of that gracious monarch , a prince of unspotted integrity , who was certainly the best of kings , who for his piety of life might rid with the strictest votaries , and for the manner of his death , with the most famed martyrs ; and so far was he from bringing a curse either upon the nation , or himself , by any sin of his own , that if ever the goodness of a king could attone for the sins of his people , his certainly could have done it . but it is not allways the sin of a king , which is the cause of such overturnings , but very often indeed the sins of the people ; though ( god knows ) we are too apt to lay the blame off our selves , and slander the lord 's anointed . and this happens according to samuel's menace to the people ; that if they should doe wickedly , they should be destroy'd both they , and their king. god is many times pleased for the punishment of a sinfull people to remove good kings from them , and to set tyrants in their place ; and then even those tyrants are of god's setting up , and are therefore to be owned as supreme , and obey'd , as long as god pleases to continue them over us . but here i am afresh assaulted with another objection , so hard it is to struggle through this difficult case : what! ( say you ) god is pleased to work by means , ( miracles are now ceased ; ) and therefore , if we ourselves put not to our hands , to pull down such usurpers , but fondly own them still to be supreme , and therefore not to be resisted , we may long look before we be delivered , and perhaps may offend god by slipping those opportunities , which may seem for that purpose to be put into our hands . but to this i answer , that god , who hath the power of life and death , is not so unprepar'd of instruments of death , as for want of others , to make allways use of one . he hath a store house ( as i may say ) of accidents , and diseases , out of which he may chuse any one sufficient to put a period to the days of the greatest monarch ; he can kill a king as soon by a fever , as suffer a rebel to kill him : and therefore though david knew that saul was to be unking'd ; nay , and that he too was to succeed , yet so far was he from being of abishai's opinion , that then was the opportunity to kill him , and that then god had delivered him into his hands , when they found him asleep , with the spear at his head , so far ( i say ) was he from being of his opinion , and taking this opportunity , that he would neither doe it himself , nor suffer him to doe it ; but piously , and prudently , told abishai ; that god had means of his own to doe it by , and needed not to be beholden to them to doe it by such illegal means ; and therefore they were to expect his leasure . as the lord liveth ( saith he ) the lord shall smite him , or his day shall come to dye , or he shall descend into the battel , and perish . the lord forbid that i should stretch forth my hand against the lord 's anointed ; and therefore let no rebel think , that because god hath a mind to put down a king , that yet he shall be the less guilty , who stretcheth forth his hand to doe it . and now i have with what scrutiny i can discust these two preliminary queries : in the answering the first of which there was little difficulty , it being a generally receiv'd maxim , and warrantable by the daily practice of all sorts of people : the main difficulty lies in the second , which i think i have removed , to my own , if not to the satisfaction of others ; and have made it out , both by reasons , and examples , ( and at the sametime remov'd all the objections , that might make against it , ) that he is not king and supreme , who was once king , but is depos'd ; but he is supreme , who is actually in power , and possest of the throne . and now let us take an estimate of our present affairs , by what hath been here said . it is certain , never prince had juster grounds of war , than this prince had . first , in respect of the true religion which was groaning under the growing tyranny of the church of rome : we had a king so bigotted to popery , that for it's propagation , he question'd not to break all that was most binding all promises of his own , and the laws of the land , which he swore to maintain ; so that he may very well be rank'd amongst those kings , whose saying is , let us break their bands asunder , and cast away their cords from us . but let me not reflect too much upon a person , who is yet upon several accounts to be respected by us , let us rather admire the goodness of god , who hath sent this prince , as another constantine , to deliver us from these impending ruines ; for we may well say , if the lord had not sent us this deliverer , they had swallowed us up alive , when they were so wrathfully displeased at us . secondly , he had just cause of war to defend his own right , which the adverse party laboured to debar him of : there was little good intended him , when strangers , papists , and jesuits , his profest enemies were set to manage affairs , and were acquainted with all the intrigues of court ; and yet neither he , nor any for him were in the least concerned , or taken any notice of . and when their young prince was to be born , they did so industriously conceal all things from him , that they might as well have sent him word , that they intended to cheat him . he had just cause therefore to vindicate himself , and his right , from the abuses of such insolent court-parasites , and impostors . and though it is true , he could claim no right by way of succession , as long as his father liv'd , yet , as a foreign prince , he might seek satisfaction for the affront , which was put upon him , by such underhand , and illegal dealings . thirdly , as the cause of his war was just , so the success was thereunto answerable : never prince was in an undertaking more apparently favour'd by heaven . but it were needless for me to enlarge upon all the happy occurences of this expedition , since the learned dr. burnet , who was an eye-witness of them all , hath allready done it in his sermon , which is allmost in every man's hand , and therefore i refer you to it . this i will only say , that never king came to a crown with less bloud-shed , with greater applause , and satisfaction of the people : and therefore since ( as i have made it appear ) even those who come illegally to a crown , are yet , when fully possest of it , to be own'd as supreme ; certainly king william , whose cause of war was so just , and so miraculously victorious , and whose proclamation over the whole kingdom was so joyous to all , that in all places where it was read , it may very well be said , the shout of a king was among them ; certainly ( i say ) he is supreme , he is of god's setting up . and then it must needs follow , that if he be supreme , the late king is not ; for there cannot be two supremes : and then it will follow again , that the oath of allegiance , and supremacy , which we took to the other king , is now quite out of doors , all supremacy , which was the ground of these oaths , being now quite lost in the late king. and then lastly , it will follow , that since king william is supreme , we are in duty bound to pay him all that honour , and service , which is due to a supreme ; and then since swearing of allegiance hath allways been own'd as due to the supreme power from the subject , it is our duty , when put upon it , to swear allegiance to him too : and therefore ( if i may be so bold to say so ) i look upon it as an errour in any ( to say no worse of it ) who refuse to doe it : as for my own part , as i have allways been obedient to my supreme , so i shall allways be obedient to to king william , and queen mary , whose supremacy over us i pray god long to continue . finis . the pretences of the french invasion examined for the information of the people of england lloyd, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pretences of the french invasion examined for the information of the people of england lloyd, william, - . defoe, daniel, ?- . [ ], p. printed for r. clavel ..., london : . advertisement: prelim. p. [ ]. usually attributed to w. lloyd but perhaps written by daniel defoe. cf. bm. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion may th . let this be printed , nottingham . the pretences of the french invasion examined . for the information of the people of england . london , printed for r. clavel at the peacock in st. paul's church-yard , . a catalogue of some books lately printed and reprinted for robert clavel , at the peacock in s. paul's church-yard . the state of the protestants of ireland under the late king james's government , in which their carriage towards him is justified , and the absolute necessity of their endeavouring to be freed from his government , and of submitting to their present majesties is demonstrated . writ by bishop king. licensed by the right honourable the earl of nottingham . the third edition , with additions . the frauds of the romish monks and priests set forth in eight letters , lately written by a gentleman in his journey into italy . the third edition , very fairly printed . observations on a journey to naples , wherein the frauds of romish monks and priests are farther discover'd : by the author of the former book . forms of private devotions for every day in the week by a method agreeable to the liturgy ; with occasional prayers , and an office for the holy communion , and for the time of sickness . l. annaei flori rerum romanarum epitome , interpretatione , & notis illustravit anna tanaquilli fabri filia , jessu christianismi regis in usum serenissime delphini . in a large vo . curiously printed . levsden's greek testament . the fifth edition . a defence of pluralities , or holding two benefices with cure of souls , as it is now practised in the church of england . the pretences of the french invasion examined : for the information of the people of england . that the sword hath thus long been kept from destroying among us , is a blessing which we cannot sufficiently understand , unless we consider the woful desolation it hath made in all neighbouring nations : nor are they at all sensible how much they owe to god , and their majesties for keeping us in peace , who give the least encouragement to this intended descent , which must turn our land into an aceldama , and will make such woful havock of our lives and fortunes , while one party fights for safety and the other for revenge , that no age can parallel the horrid consequences of such a civil war as this will prove . and if papists only ( blinded by zeal for their religion , and blown up with hopes of absolute empire ) encouraged this bloody design , it would be no wonder , and could have no success , considering the general aversion of the people to them , and the fresh instances of their insolence and cruelty . but alas ! it appears that many who call themselves protestants , are engaged in this fatal conspiracy against their religion and their native-country ; which is so prodigious and amazing , that a man would wonder who hath bewitched these foolish galatians to push on their own and the churches ruin : and every one must be inquisitive into the specious pretences by which these men are induced to become their own executioners . now the pretended motives are these : . repairing the injury done to the late king. . delivering us from the oppressions we suffer under the present king. . setling the government upon its old basis. . securing the protestant religion for all future ages . now it becomes every true english protestant to examine these pretences very well , before he venture on a thing of so evil appearance and dangerous consequence , as is the joyning with these invaders . first , it is pretended , the late king was unjustly deprived of his birth-right by his subjects , who by nature and oaths were bound to defend him in the possession of it : and now that he comes to demand his own , all that ever were his subjects must either assist , or at least not oppose him . but let it be considered , that all the late kings sufferings were owing to , and caused by the counsels of his popish-priests , and the bigots of that persuasion : protestants were not the aggressors , he might have kept his possession to this day undisturbed , if he had not made such open and bold attempts upon our laws , our religion and properties ; so that he was the first and only cause of his own sufferings ; and why should millions be involved in blood and ruin , who are perfectly innocent of doing this injury ? no free nation did ever bear more or greater injuries , or endure such violences so long , or so patiently as we did : and when some stop was to be put to the final ruin of our liberties and religion , it was done at first by petitions and complaints ; and when they were despised , none but defensive arms were taken up by some few , and by a foreign prince , only to cover their heads while the grievances were fairly redressed ; not to take away his rights , but to secure our own : nor did the prince of orange , or these gentlemen , devest or deprive him of his throne , but owned his right by offering a treaty , during the continuance of which he disbanded his army , dissolved his government , and as much as in him lay attempted to desert the throne , and seek aids from an enemies country ; which might secure him against redressing any grievances , and enable him to be revenged upon the injured complainers : we did not make the throne vacant , but the late archbishop and other peers at guildhall , believed he had left it void , or else they would not without his consent , have seized on the administration of the government , secured his chancellor , taken possession of the tower , and offered the exercise of the supream-power to the prince of orange . he left us in anarchy , and we provided for our selves in the best manner such a juncture would allow : i will not enquire now , whether these subjects who are so zealous for his return , were not bound to do more than they did to keep him in his throne while he had it ; their conscience then permitted them to look on and let him sink , while his security had been far more easily compassed : but they who have now these unseasonable pangs of their old loyalty , must consider , that a man may leave his right when he pleaseth , but may not take it again at his pleasure , especially not by force , and this most especially as to soveraign power : some body must govern , when he would not ; the next undoubted heir in an hereditary monarchy must ; and whoever doth govern in chief in this nation must be king , by our constitution , and must have power sufficient to protect himself and the nation , against all their enemies , and that cannot be without swearing new allegiance . now when a king and queen are declared , submitted to , and owned by oaths , and all other methods required in such case : the king is not at liberty to give up his own power , and the protection of us , nor are the people free to joyn with him that deserted them , or to venture their necks or their countries ruin , to restore him : i dare say that the french king will not grant , that the citizens of those cities who were subjects to spain or the emperour , and bound by oath to those princes ( but have now submitted to him , and sworn new allegiance ) are obliged to venture their lives and fortunes , by vertue of their old oaths to restore those cities to their former masters ; doubtless he would solve their scruples with a halter if he found they attempted it . besides the injuries ( as they are called ) done to the late king by his own acts , if they were capable of reparation , must not be repaired with the injuring , yea ruining many thousand innocent persons , who must unavoidably lose their lives , and be undone in their estates by his returning by force : the present king and his army , are bound by oaths , duty and interest , to oppose him , so are all now protected by him , and who have sworn allegiance to him ; and 't is certain all that are not perjur'd hypocrites will do so : and then what englishmans bowels must not bleed , to consider what murthers , burning , plundering and destruction he brings upon his native-country , who encourages the aggressors ? if he have any kindness for us whom he calls his subjects , he would rather sit quietly under his single injuries , than wish , or however attempt to be restored by blood , and an universal ruin : and if he have no pity for us , why should we be so concerned for him as to sacrifice our lives and fortunes to his revenge ? he went away while a treaty was on foot , and nothing but a treaty can restore him fairly , which he never yet offered : we did not force him to go away in disguise , and if he will force himself upon us again by french dragoons , and irish cut-throats , we may and must oppose him ; for our allegiance is now transferred to another . finally , there is no injury to any but himself , and those who run into voluntary exile with him , by his being out of the possession ; the monarchy , the law , the church and property are all in better estate than in his time , and all these with innumerable private persons must be irreparably injured by his return in an hostile manner . so that there can be no reason to redress the sufferings he ows to his own faults , by so many publick and private injuries : if it be pleaded that he who was born to a kingdom really wants subsistance , i reply , that if he would seek the peace of christendom , and of his late subjects , he might by a fair treaty set on foot , not only restore the exiles , but have a sufficient and honourable maintenance from this government ; but while the war he makes upon it , puts us to so great expence , he cannot expect it , nor imagin we should give him a supply to enable him to ruin us . the second pretence why we should assist towards his restauration , is to deliver our selves from the oppression we suffer under the present king : and to set off this with a better gloss , the late reign is magnified by the jesuits and their tools , and this blackned : freedom from taxes then is made a rare instance of his gentleness , and the present impositions heightned with all the rhetorick imaginable , to represent this king as an oppressor . the flourishing of trade then is extolled , the decay of it now odiously insinuated , and great hopes are given of golden days , upon the return of james the just ; he is to make us all happy . now to answer this , there is no need to make a satyr on that reign , or a panegyrick on this ; that is so well remembred , and this so fully known , that all unprejudiced people see on which side the truth lies . but 't is great pity they who have the wit to invent or urge this plea , have not a memory to remind them , that none complained more of the danger of law and religion , of our lives and fortunes in that reign , than many who have this high opinion of it now ; the cruel severities in the west , the high commission , turning out of office all good protestants , attempting to reverse all the penal laws , putting unqualified men into all places of trust , profit and power , excluding the fellows of magdalen , and putting in papists , with the imprisonment and trial of the bishops were thought oppressions then ; but now all these are buried in oblivion , and those taxes which the late king and his ally of france with their abettors alone make necessary to this frugal prince , these are our only grievance , and this kings unpardonable crime . the late king had one tax , and might , yea , would have had more for the glorious design of enslaving his subjects , if he could have got a parliament to his purpose , which he vigorously endeavoured ; and it was because he was sure he must satisfie his people in their just complaints , when ever he asked a supply , that he durst not ask it of a freely chosen parliament ; yet then we were in peace with all nations , and now he hath intangled us in a war with the worst enemy in europe . assessments then were not needed but to hasten our ruin ; now they are absolutely necessary to our safe●y , and made so by him and his complaining friends . yet still what grievances are these taxes , in comparison of what is laid on the french slaves , into whose condition we were intended to be brought ? there is a vast difference between losing our property for ever , and paying some part of our profits to secure the rest , and our inheritances to our posterity as well as our selves . besides , should we not leap out of the frying-pan into the fire , if to avoid tolerable payments , we should rashly bring a fatal war to our doors , that must last till more than one half of the nation be destroyed , and the rest utterly and almost irrecoverably impoverished ? this i am sure is voluntarily to change our whips for scorpions . we have paid as much formerly for assisting france to ruine europe , and maintain vice at home , as now serves to deliver europe , and secure our native country and religion from utter destruction : nor are the sums considerable , ( reckoning the abatement of chimney-mony , ) which we have paid to this government ; no country in europe hath paid so little in proportion to our wealth , these last three years of war : and if the late king return , england must pay all the sums borrowed of france to maintain him abroad , to keep ireland , and to discharge the forces that come to thrust him on us , and must stay to compleat the happy design of setting up popery and slavery , the natural consequences of his restauration ; and 't is well if arrears of chimney-mony , and other publick monies be not called for to carry on so glorious a work : so that if england rebel against the present king to avoid the burthens now upon them , they expose themselves to ten times greater taxes for many years , and it can end in nothing but the utter impoverishing of the whole nation , especially the protestant part of it , who by their poverty will become a more easie prey . as for trade , the decay of it began in the late king's time , and it is the war which he and france have engaged us in , that still keeps it at a low ebb ; so that for the late king's friends to expose the present government for this , is like a conjurers complaining of the storms he raises . that ingenious history of bishop king 's of the estate of the protestants in ireland under king james , makes it out , that the late king feared and hated the increase of trade , which made him use all means to hinder it ; and all the world fees , that no absolute monarch ( as he affects to be , ) likes that his subjects should grow rich by trade . but our present king so soon as he can have peace , will make it his first care to promote trade here , as he did in the country he came from ; and even in the difficult times he had , trade hath been a great part of his and his parliaments care. finally , if men can remember the times that are so lately past , when law and right was only the king's pleasure , dictated by mercenary judges , when no party but the papists flourished , when a general consternation had stopt all business , they cannot hope to be happy by his return , who caused all these miseries : and they must expect now he hath more perfectly learned the french methods ( of making a king the greatest of monarchs , by making his subjects the vilest of slaves , ) that he will practise it with greater industry and application than ever , to put it eternally out of his subjects power , to protect themselves again : for oppressing his people , which was but expedient before , will now be thought absolutely necessary . so that nothing can be more improbable , not to say impossible , than for england to be happy under him , that attempted to make her miserable without any provocation , and must return with the same principles and designs , the same counsellors and interests he had before , and with all the addition that revenge , hatred and fear can make to an angry and implacable mind : but it may be said , his dear-bought experience of the ill success of these methods , will make him rule more moderately , if he be restored : to which i reply , coelum , non animum mutat . the fore-cited book of bishop king's demonstrates , that after he had lost england and scotland , and a great part of ireland , upon his return thither from france , he was more arbitrary and hard to his protestant obedient subjects , than ever he had been before , even though it was against his visible interest , and tended to disgust all the protestants who would have served him there . his declaring himself papist at first here , and all his actions since shew that he prefers his will , and an obstinate pursuing his own methods , far above his true interest ; whence it follows , that we vainly expect from one of his temper , that either his past experience , or his future interest should teach him moderation , any longer than till he hath power to oppress us : and if he should by a thousand promises or oaths engage to rule by law , his frequent breach of both hath given us no reason to trust him ; and the religion he professes can so easily dispence with both , that neither of them give us any security from that sort of obligations . the interests of popery and france require he should be absolute , and his nature spurs him on to it , and nothing but fear can for a moment restrain him from being so . what a shadow of a dream then must this be of protestant subjects , being happy under a bigotted popish prince of such a temper ? thirdly , whereas 't is said we have changed our old hereditary monarchy into one meerly elective , and by degrees shall bring it to a common-wealth ; nor can any thing prevent this , ( which will be of fatal consequence to the church , ) but our restoring the late king : i answer , the position is false , and the consequence a meer sham ; the government of england always was , and ever must be monarchical ; that twelve years when it was endeavoured to make it otherwise , convinced all men , that all projects to the contrary must come to nothing . as for this revolution , 't is not likely a parliament which made an entail of the crown in a lineal succession , should be for setting up a common-wealth , or altering the hereditary monarchy . if it be alledged there was a great breach as to the person of the reigning king , 't is replyed , he himself made it , and they did not make , but find the throne void . and there have been greater breaches since the conquest as to the true lineal succession , and laying aside , yea deposing the reigning king , and setting up his son , or a remoter person , which indeed was an injury to the kings so deposed ; but still the monarchy was called and continued to be hereditary . in our case the king deserted us , yea , left us without any government ; but we applied to his next certain heir , with whom at her request , and for our safety and hers , by general consent a title was given to her husband and our deliverer , but this only for life , though he be much nearer in blood to the right of succession , than either henry the fourth , or henry the seventh , successively made kings of england . and the saving the succession to the princess of denmark and her heirs , shews how far that parliament was from designing any such thing as a common-wealth . we see philip of spain , who had no title to be king of england but by his marriage with queen mary , was made king at her request and in her right ; but he had not merited so much as our king , and therefore his title was to cease at her death . as for the prince of wales , there are so clear indications of his birth being an imposture , and the design of forming that project is so known to be revenge on the princesses for adhering to their religion , and to get more time to force popery and slavery upon us ; yea his health and strength make it so unlikely he should proceed from such crazy parents , that till the parties concerned prove the affirmative by better witnesses and clearer evidence , and the people of england in parliament own him for the heir , we need not go about the unreasonable task of proving a negative : wherefore since the breach in the succession was the late king 's own act , and only concerns his person and a supposed unknown heir , we are not to answer for that ; and considering the hurry his unexpected desertion put all things in , and the absolute necessity of a speedy settlement , the friends of the old english monarchy have just cause to rejoyce it was made so near the old foundation , with a small and only temporary variation from it , which was also absolutely necessary in that juncture of affairs : and 't is evident that there are many of the best quality and interest who hate the notion of a common-wealth in england , and love monarchy as well as any of the late king's abettors , who freely consented , and firmly adhere to this establishment . if it be objected that king william was bred up in a common-wealth , and inclines to that form of government ; 't is answered , he doth and may like it in holland , but they must shew some instances that his zeal for a common-wealth is as hot and as blind , as king james's for popery , before they can prove him so desperate a foe to his own interest , as to uncrown himself , and make himself the people's vassal , when he is and may be their gracious lord. if it be urged , that it is a dangerous precedent for future kings , to allow the people a liberty to take away their princes right , and set up another , on pretence of misgovernment : the reply is , the late king was the occasion of this precedent , by first attempting to alter the whole frame of our laws , government and religion , and then deserting us . and if it be an ill precedent for the safety of princes , that the advantage was taken , it was however necessary to take it for the safety of the people , for whose good heaven made kings . sure i am , there are as dreadful consequences of arbitrary tyranny , as there are of rebellion , witness the misery and slavery of the poor french at this day ; and it seems as necessary there should be some precedents to deter princes from abusing their power , as well as to restrain the people from abusing their liberty : for both tyranny and rebellion are great sins , and of most mischievous consequence . wherefore this unexpected example may make our kings more just and more apt to rule by law , but it can never hurt the monarchy it self , or countenance a rebellion , while a king is in the throne that will stay to hear and redress his peoples grievances , which will never be denied by the present , or any other good king. the last pretence is the most surprising of all , that there is no way to preserve the church of england , no nor the protestant religion , but by restoring the late king , who its said in his declaration promises this as liberally as he did at his first accession to the throne . if mankind were not the oddest part of the creation , one would wonder how 't is possible for protestants to believe , that the wolves design good to the sheep : when the late king was here , he involved himself in infinite mischiefs , and did the most odious things in the world to destroy the protestant religion , and especially to ruin the church of england ; and hath he given any evidence of changing his temper , his principles , his zeal , or his methods ? he shewed in ireland a greater spite to protestants than ever ; he hath lived in france ever since , where he hath seen how much it tends to advance his dear absolute power to dragoon all men into the kings religion ; his only motives to draw in this frenchify'd pope to lend him mony to invade us , is by convincing him , he lost all by his zeal to restore popery , and by engaging he will use his power ( if he can regain it ) only to promote the catholick interest . his other ally the french-persecutor , cannot be endeared by any better interest , till the principal of the sums lent are repaid by poor england , than by assurance that he will make one kingdom in the world as miserable by absolute empire , and forcing one religion , as france now is ; that his barbarity , cruelty and treachery may not be the infamous single instance of such proceedings ; his promises to his allies , his zeal , his principles , and his nature , all engage him to destroy the protestant religion . he attempted it when he was not half so deeply obliged , and can we think he will not pursue it now ? 't is next to frenzy to think the pope and king of france furnish him with mony , ships , forces , &c. only to secure the protestant religion and church of england ; he must be tyed in more than ordinary bonds , to endeavour the ruin of both , or no such favours had been shewn by such a pope , and such a persecutor : it cannot be ease to roman catholicks he desires ; they are more at ease under king william , than under any protestant king ever since the reformation : it must therefore be the suppressing all other religions , and setting up that alone , must engage rome , france and lucifer in his restauration : as for his promises to us in his declaration , alas he hath already given greater and stronger to the pope and french king to the contrary ; and though his interest , and the hopes that some will be so mad to believe him , put him upon renewing these promises to england , yet his consessor can soon resolve him which promise is to be kept , whether that pious catholick promise to the holy father , and the hector of that cause , or that extorted one to hereticks : besides , we should remember the italian proverb , god forgive him who deceives me once , but god forgive me if one man deceives me twice . no prince in the world ever promised with more solemnity than the late king to protect the protestant religion , or the church of england ; yet nothing is more clear , than that he designed to gull us only , not to oblige himself by this protestation ; and the first thing he did was to break it as soon as he durst , and can we be so distracted to believe him again ? he declared in ireland , that the church of england stunk in his nose , and that he abhorred it . he cannot truly love either any person of that persuasion , or any other protestant ; he may flatter some of them to get into the saddle , but when they have mounted him he will ride over their heads ; his own friends of the protestant religion are very few , and his revenge on the far greater number who have opposed his designs , will out-weigh the kindness of a few inconsiderable hereticks who abetted his interest , and who will be told , that it was not sense of duty , but despair of obliging his enemies that forced them into his quarrel : they had sufficient experience after monmouth's rebellion ( suppressed only by the church of england men ) how little any acts of those he counts hereticks can oblige him ; his carriage in ireland to the loyal protestants , writ this in capital letters , and it must be supposed they have drunk deep of lethe who can forget all this : but i pray what is it the church of england wants , or any other protestant ? this king is as serious and sincere a protestant , and as true a lover of that interest , as king james is a professed enemy to it ; and why may not he be more likely to preserve the religion he professes , than the other to maintain that religion which he vilely deserted , and mortally hates ? the church-men say king william is too kind to dissenters ; but hath he given them any other or more liberty than king james did ? that king begun with toleration , and it was not for a new prince in a troublous state of things to alter any thing of that nature : besides , at the same time the dissenters do think the present king too kind to the established church , not considering that 't is the national religion which he found , and keeps in possession of all its rights , as his duty and oath oblige him , yet so as the dissenters have ease , and every thing but empire , which from a prudent king of england they can never expect , being not only a less part of the nation , but so divided among themselves , that nothing can please all parties of them ; and therefore freedom to worship in their several ways , is all the favour they can be capable of in the best times ; and so they are most unreasonable to hope for more now : besides , let it be considered , that our king is not only the head and protector of the protestants of england , but of all the reformed churches in europe : and the french king ( the main wheel in this designed restauration ) is so mortal an enemy to the whole reformation , that he desperately weakned himself , and banished families of useful subjects , only to root the whole profession out of his own dominions : and now can any rationally pretend , this present king will destroy the english church , or the french-persecutor , and his client the late king of england , uphold it ? my dear brethren and country-men , do not so infamously abuse your selves to believe so incredible a fiction , so manifest a cheat : alas , all these good words are only to lull you asleep , till you , at the peril of your necks , get him power enough to extirpate you and your religion also : i doubt not but for a while he would maintain the established church , and renew his indulgence , because he can get footing no other way ; but it is easie to foresee how short-liv'd all these sham-favours will be : they spring from fear , and desire of opportunity to be revenged ; and so soon as ever the fear ceases , and that opportunity comes , he will most certainly kick down the ladder by which he ascended , and pull off the mask , appearing what he is in his nature and principles , and not what his necessities have made him seem to be ; so that if this disguise be credited , the persons imposed on will and must pay for their credulity , with the woful price of helping to destroy the most pure and flourishing church in the world : in assisting to re-instate him , and fighting for him , they fight against their own religion , which the primitive christians for all their heroick loyalty would not do , and which no man ought to do , either for interest or revenge : for my part , i think true religion so far above all worldly concerns , and the preservation of it , so principal an advantage of government , that the prince who will certainly suppress that , must be more intolerable than he that would take away my liberty , estate , or my life ; and it must be a damnable sin in me to assist him in it , or put him into a capacity to do it : no oath or allegiance can bind me to this ; it may oblige me to suffer , but not to act for such a design : wherefore for shame , let his irish and english popish subjects alone carry on this impious design , who can only hope for advantage by his restauration , and who are only bound in conscience to help him : neuter we must stand at least , and that will suffice to shew how contemptible a party that is , which must be set up on the nations ruin , and how impossible it is for him to cut down the protestant religion in england , without borrowing a handle from the tree he would fell : take warning by what is past , and what must be the inevitable consequence of your deserting this king , or assisting the late prince , even the ruin of this most famous church of england , and the endangering the whole estate of protestantism through all europe : in vain will you complain of this consequence , when it is too late to remedy it ; your guilt , shame and sorrow will then only remain , for having had a hand in so deplorable a mischief : for my part i have delivered my own soul , and given you fair warning ; god of his infinite mercy open your eyes in time , and grant you a right judgment in this and in all things . finis . the dutie and danger of swearing opened in a sermon preached at york, february , , the day of swearing the lord maior / by edward bowles ... bowles, edward, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the dutie and danger of swearing opened in a sermon preached at york, february , , the day of swearing the lord maior / by edward bowles ... bowles, edward, - . [ ], p. printed and sold in york by tho. broad, [york] : . imperfect: pages tightly bound. reproduction of original in the british library. eng oaths -- great britain. swearing -- great britain. a r (wing b ). civilwar no the dutie and danger of swearing: opened in a sermon preached at york, february . . the day of swearing the lord maior. by edward bowle bowles, edward d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the dutie and danger of swearing : opened in a sermon preached at york february . . the day of swearing the lord maior . by edward bowles m : a. preacher of the gospell there . zach. . . and i will bring forth the curse , saith the lord of hosts , and it shall enter into the house of the thief , and into the house of him that sweareth falsly by my name : and it shall remain in the midst of his house , and shall consume it , with the timber thereof , and the stones thereof . printed and sold in york by tho : broad . . to the honourable stephen watson lord maior , the aldermen and the common counsell of the ancient citie of york . honoured and beloved , it hath pleased the lord of the harvest in his wise and good providence , to allot my work and service ( if it be worth the name of service ) to that citie which god hath made not onely your habitation , but also your charge ; i am pleased with my lot , not onely as it is from the lord , but as it is among you : i must acknowledge ( and hereby do ) that i have found that affection and respect from you as becomes a minister of christ ; and i have endeavoured to give you a testimony , that i have not sought my own profit , but the profit of many , that they might be saved , ( if i may use the words of so great an apostle concerning my self ) i have been induced partly by way of acknowledgement and respect , but especially by the sense of my duty , as a minister , to offer to your reading and consideration the substance of a sermon lately preached among you , which i hope ( through divine blessing ) may be usefull to you . you who are awakened cannot but be sensible how easily , and how quickly the word spoken slips from you . it is soon gone from us who study it , and write it , and speak it ; you have lesse advantage to retain it , who hear it but once , unlesse the peculiar promise and blessing made to the word preached , do befriend you . i am jealous over you ( i hope ) with a godly jealousie , least through inadvertency of mind , unsutablenesse and unprepardnesse of heart , earthlinesse of affection , seconded with satans depths and devices , this counsell given you concerning oathes may be forgotten . i know you have almost daily need to consider of this subject , being frequently called to actions relating thereunto , and it is now in your power daily , or at least frequently , to peruse it : if you walk in the violation of the oathes of god that are upon you , it will not be charged upon me , i have delivered my own soul , and endeavoured to deliver yours . i have but two words further to speak unto you at this present ; first , that you would more frequently and diligently attend the preaching of the word , the power of god unto salvation . it pleaseth god out of his bounty and good will to you , to afford you besides the publique ordinances on the lords day , a weekly lecture , which i apprehend to be very much neglected , and i have often heard the paucity of hearers laid as a reproch upon the citie , by well disposed strangers . i pray consider your selves and those that are sorrowfull for the solewn assembly to whom the reproach of it is a burthen ▪ zeph. . . you may plead our unworthinesse whe● preach unto you , but that plea i doubt will not be admitted at the great barr ; there is not the meanest o● the ministers of christ by whose labours you migh● not profit , if the defect were not in your own hearts ▪ remember that divine institution and blessing are the main advantages in hearing the word , not the gifts of the speakers , or the capacitie of the hearers . god is pleased most frequently to concurr with the plainest , ( i had almost said the meanest ) gift , in the conversion of men , that the glory might be of god , and not of men . i am sure you cannot plead want of leisure , through multitude of trading & worldly imployment , i wish it were more ; and truly i think there is no better way to help it , then to deal liberally with god in publike duties . first , he hath secured you that you shall be no loosers , by that promise made to the israel of god , neither shall any man desire thy land ( that is , thou shalt sustain no dammage , the lord is thy security ) when thou goest up to appear before the lord thy god . nay , i think you may safely applie that passage of the lord to his people , hagg. . . consider the day that the foundation of the temple was laid , consider it , from this day will i blesse you . trie the lord , or rather trust the lord . you complain of great decayes , and they are visible ; you sow much , and bring in little , &c. consider your wayes ; whether you be not defective in that which concerns the house of god . the second is this , that you would studie by all means to preserve peace and unitie among your selves , by delivering up unto perpetuall oblivion all inveterate envies and enmities ; to that end that magistrates would equally and gently ( as to brethren ) administer justice , ( i mean onely such a gentlenesse as to execute the law with a gospell spirit ) that the people would submit themselves in the fear of god , & not wear out the spirits of their rulers by their cumbrance and strife ; but turn some of their complaints into prayers , to which they are obliged by the sacred rule * . it is easier to blame then understand the work and weight of magistracy and ministery , especially when they have to deal with a people that are poor & foolish , and know not the way the lord , nor the judgement of their god , jer. . . and lastly , it will tend much to unity , that you be very carefull what ministers are planted among you , such as give some evidence of the spirit of god dwelling in them , whose fruits are love and peace ; such as are desirous of reformation , least superstition , vanitie and strife proceed from them who should be the greatest promoters of knowledge truth and peace . i will detain you no longer , if i have erred in what i have written to you , impute it to the largenesse of my affection to the citie , which may possibly have intrenched upon my understanding in what i have said . finally , brethren , farewell : be perfect , be of good comfort , be of one minde , live in peace ; and the god of love und peace shall be with you . yorke , march , . . your affectionate servant in the lords work , edw : bowles . matth. . , . again ye have heard it hath been said by them of old time , thou shalt not for swear thy self , but shalt perform unto the lord thine oathes ; but i say unto you , swear not at all , &c. i have often had it in my thoughts to speak something concerning oathes , a subject which ( duely considered ) would administer matter of humiliation and reformation to us and many more : and having this opportunity put into my hands , i shall deliver my self , taking the words of our saviour which have been read unto you for my ground-work , which , whosoever would understand , must diligently consider the scope of the place , and the persons he had to deal with , viz. the jews , leavened with pharisaicall glosses , and corrupt traditions . our saviour was now in the exercise of his propheticall office , and preaching the gospell of the kingdom , and finding the sect and opinion of the pharisees to be most opposite and prejudiciall to his intention , he sets himself in this sermon to pull down the righteousnesse of the scribes and pharisees , that so he might bring in the righteousnesse which is of god by faith ; and therefore tells them plainly , that except their righteousnesse did exceed the righteousnesse of the scribes and pharisees , they should in no case enter into the kingdom of god , verse . now because the righteousnesse of the scribes and pharisees was in better credit among the people then to be blasted with a bare assertion , christ shewes the vanitie and defectivenesse of it , in that it fell exceeding short of its pretence , which was , to fulfill the law of moses , which instead of fulfilling they destroyed . for as it is the common practice of erroneous persons when they cannot bring their opinions to the scripture , they will wrest the scripture to their opinions , as the father speaks of some who did pertrahere evangelium ad sententiae suae praecipitium ; so the pharisees seeing they could not raise their righteousnesse to the line of the law , they brought down the law to the levell of their own righteousnesse ; in particular , they restrained the commamdements which in themselves are spirituall and exceeding broad ( reaching the thoughts and intents of the heart , all kinds and degrees of evill ) to some outward actions , which in the strength of morall principles they might forbear , whose right heirs are the papists , who , resolved to establish a righteousnesse of works , and possibility of fulfilling the law , will by no means grant that concupiscence is sin , least thereby their legall righteousnesse should be tainted . but to return to the pharisees with whom christ had to deal ▪ they restrained the seventh commandement to the act of adultery , christ extends it to the wandrings of the eye and heart : they limited the sixt commandment to actuall murther , whereas christ extends it to inordinate passion and ill language : so dealt they in this particular whereof we treat . they confined the third commandement to prejurie , whereas christ extends it to the prohibition of rash vain swearing by the creatures . and so i come to the words , onely i must first endeavour the determination of one question , whether christ in this discourse intend an abrogation of the law , an addition to it , or onely an interpretation of it ? certainly not an abrogation of the morall law , which he professes he came not to destroy , but to fulfill , verse . some would have it to be an addition , which opinion indeed hath the countenance of some of the fathers ; but the socinians are most earnest in this conception , upon this ground , they will not admit of the satisfaction of christ , o● justification by his death ; and for the wrong they do to his priestly office , they pretend to make amends in his propheticall , and say that he came to improve and raise the precepts of the old testament , and give a more exact law then was given by moses , in the observation whereof our gospell righteousness should consist . but we beleeve that our lord jesus only intended a restauration of the law from the corrupt glosses and traditions of the elders , with whom he deals in this discourse , not with moses , who was faithfull in the house of god : for he professes that he came not to destroy the law , which upon the matter he had done , if he had shewed it to be a short or crooked rule , but to fulfill it , or ( as the word will bear ) to fill it up , by true and full interpretations . christ fulfilled the law both practically in obeying it , and doctrinally in making up those gaps which the pharisaicall glosses and traditions had made in it . you have heard that it hath been said by them of old time , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or as some would have it , to them of old time : it may be here enquired what times and persons christ hath reference to in this passage ; some may think that he hath respect unto moses and the people of israel to whom he spake things to this purpose : lev. : , ye shall not swear by my name falsely , &c. but i beleeve that an antiquity of a much later date is meant by this expression , even of those elders mentioned , mat. . . whose traditions the pharsees complained were broken by christs disciples ; for the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , signifies sometimes that which is not long past , as act. . . and here take notice that after the law and the prophets there rose up a generation of men who were not content with the written word , but added the supplement of traditions , which though in the esteem of the pharisees , were ancient , yet very far short of true antiquity which was moses and the prophets ; the counterpart of this dealing we find in the church of rome ; who besides the verbum {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , will have a verbum {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a traditionall word which they make equall to the scripture in authority and esteem ; thus the councill of trent , traditiones ipsas tum ad fidem tum ad mores pertinentes pari pietatis affectu ac scripturas suscipit & veneratur ecclesia romana . and they will pretend much of antiquity for their practises , but it is a modern antiquity , ( if i may so speak ) the true antiquity of christ and his apostles they have no minde to deal with , not yet that of the first three hundred years after christ , unlesse it be some peeces which they may justly call theirs , because they have either forged or corrupted them : although we must acknowledge , that some of their corruptions began early in the church , of which we have an intimation , thessalonians . . iohn . . what is it that was said by them of old time ? thou shalt not forswear thy self , &c. was it not well said ? yes doubtlesse it was the truth , but not all the truth ; take the words in themselves and it was well said , but take them with respect to the third commandement , which thereby they intended to interpret , it was a misse ; for they contain not the sum and substance of that commandement , which reaches not onely to forswearing , but to vain swearing , swearing by the creatures , and other abuses of the name of god , then frequent among the jews , who ( provided they did not swear by the name of god ) thought themselves excusable if they swore frequently in ordinary communication , and that by the creatures ; and that some of their oathes by the creatures were not obliging , as we finde matth. . . where the gold and the gift were by their covetousnesse advanced to be more sacred then the temple or altar . but i say unto you , swear not at all . these words seem to be a direct prohibition of all oathes , and hence the anabaptists have concluded the unlawfulnesse of swearing in any case , and it hath deceived some of the ancients : hierome himself saith upon this place , that evangelica veritas non recipit juramentum : but i hope we shall without much difficultie evince , that it is not the intention of the holy ghost to forbid swearing in all cases by this expression , but that particula omnino non ad substantiam sed ad formam referenda , as rivet well observes : for we must know this in generall , that universall terms in scripture are sometimes to be taken with restriction , as in that passage of paul , i became all things to all men , that is , all lawfull things ; and so i conceive must that place rom. ● . . be interpreted , by the righteousnesse of one ( that is , christ ) the free gift came upon all men to justification of life ; that is , upon all that have relation to the second adam , as mankinde had to the first , viz. to be of his seed . so that this expression [ swear not at all ] may be limited , notwithstanding its seeming universalitie , and must be expounded by the temper of those times in which it was spoken , and those persons to whom it was spoken ; for where the scripture speaks ad hominem , as it doth much in this place , their disposition and opinion must be considered , which was to swear ordinarily in their communicaon , when bare affirmations or negations would have sufficed : and because they had not onely a religious but a superstitious apprehension of the name of god , and would not use it when they might , they swore by the creatures , and thought they were not much bound by such oathes ; so that all our saviour intends , is this , swear not as you are wont to do , or , as you think you may do ; swear not at all by the creatures : for the generall word [ not at all ] must be interpreted by the particulars enumerated , which if they had been omitted , or , if the name of god had been put among them , it must have been construed as a generall prohibition , which now it cannot be . and whereas this not mentioning of the name of god may seem to be supplied in that of iam. . . where to the enumeration of some particulars this generall clause is added , [ neither by any other oath ] it must be restrained to oaths of that kinde ; for it were strange that the name of god should be intended and not mentioned in either of these scriptures , which ought especially to be vindicated from profanation . if this question need any further clearing , i shall mention another place , where under the single expression of swearing , not all swearing , but fals , vain , and rash swearing is discountenanced , viz. eccles. . . he that sweareth , and he that feareth an oath are opposed ; where he that sweareth , signifies , a prophane swearer , and he that feareth an oath ; one that reverenceth , not one that refuseth it in all cases , so that you see it is agreeable to the scope and circumstances of this place , as also to other scriptures , that this universall clause [ swear not at all ] be interpreted with restriction to the vain , unnecessary customary abuse of swearing among the jews . the words thus explaned , offer to our observation these two propositions ; propos. i. it is not utterly unlawfull to swear . ii. it is utterly abominable to forswear . the later of these propositions was never under question , the righteousnesse of the scribes and pharisees which reached not heaven , yet reacht thus far , thou shalt not forswear thy self . the former hath endured some dispute , and therefore i shall endeavour to confirm it by some arguments . . the first taken from the consideration of the third commandement , to which swearing is generally reduced , and indeed seems to be the main intent of it ; it is there said , thou shalt not take the name of the lord thy god in vain : thou shalt not use it nee frustra , nee falso , for the word [ vain ] in scripture signifies both . but it is not said , thou shalt not use it , or lift it up , ( as the word signifies ) in any case ; but the forbidding of the abuse doth implie , or rather enjoyn a lawfull use of the name of god in swearing , which is the affirmative part of the precept . and if the morall law ( of which this is a speciall part ) be of generall and perpetuall obligation to all men in all ages , ( a● without doubt it is ) we yet remain not onely under the liberty but in just cases under the duty of swearing . . it is a part of divine worship , not a ceremoniall or mutable part , there is no shadow of a shadow or type in it , as one well observes , and therefore not out of date in the new testament . it is so considerable a part of worship , that all worship is sometimes expressed by it , as at other times by calling upon the name of god . and the apostle to the hebrews , though his work be to shew the diasnulling of all carnall and temporary ordinances among the jews , is so farr from putting sweaing among them , that he seems to establish it as a standing ordinance in that place , heb. . . where it is said , that an oa●● for confirmacion is ( not was ) the end of all strife . and indeed it i● an action which ( duely and reverently managed ) doth give a great deal of honour to god , which is the proper end of worship ; it gives him the honour of his soveraigntie , omniscience justice and truth ; it gives him the last appeal in all differenrences , which is a great trust , and consequently a great honour ; and , inquisitio post juramentum deo irrogat injuriam , it reflects upon god himself , when men will not rest in an oath which was appointed for the end of strife . . the ground and occasion of oathes yet remains , and the law must remain till the foundation of it be removed . an oath was appointed in remedium defectus , and these defects which swearing was appointed as a remedy for , yet continue such as the deceit , falshood , incredulity of men , the ground of assertory oathes ; the instability and changeablenesse of men , the ground of promissary oathes . there are controversies yet to be decided , and will be , and so an usefulnesse of oathes for the ending of them . humane societies cannot subsist without evidences of truth , and mutuall belief among men , which sometimes must be established by an oath ; and therefore iulian the apostate taking it for grant , that the christian religion did forbid all oathes , insulted upon it as false and ridiculous , because it did tollere praecipuum humanae societatis vinculum . having spoken to the vindication of oathes , it is not unnecessary to adde something concerning the regulation of them , & because i must not exceed the limits of a sermon , i shall onely open that known place ier. . . thou shalt swear the lord liveth , in truth , in righteousnesse , and in judgement : where we have the form and qualifications of a lawfull oath ; the form , the lord liveth . in every oath there ought to be an interposing of the name of god ; deut. . . thou shalt swear by his name . to swear is to confesse a deitie , as appears by comparing those two places , isa. . . to me shall every knee bow , and every tongue swear ; with phil. . . that every tongue should confesse that iesus christ is lord . and because we finde this expression frequent in scripture , the lord liveth , it deserves a little opening ; to which purpose we may take notice of that passage in hebrews , . . men verily swear by the greater . and when the lord sweareth , he doth it by that in himself which is the greatest , his life , and his holinesse , which are more then single attributes : his life is his fundamentall excellency , and his holinesse is more then an attribute , for it is that complexion which runs thorow all his attributes , and makes them beautifull . and this is the usuall forme in scripture which men and angels have made use of . revel. . . because of the peculiar accommodation of the life of god unto an oath , for it imports that he sees and knows our appeal , that he abides ready to confirm the truth , or avenge the false-hood of him that swears . and i see not how swearing by any creature can be exempted from idoltary , if swearing be ( as it hath been proved ) a part of worship . god complains that the children of israel swore by them that were no gods , ierem. . . and to swear by creatures , turns them into idols , if they were not so before : to worship an image and swear by a creature , may be ranked together . and though some would excuse that expression of ioseph , [ by the life of pharaoh ] and tell us that the primitive christians did sometimes swear per salutem imperatoris , yet the former language seems fitter for aegypt then for canaan , and the later savours more of courtship then christianity . there is indeed a passage of our saviour , matth. . , . where he seems to make it all one to swear by some creatures , as to swear by god himself ; for he saith , that he that sweareth by the temple , sweareth by him that dwelleth therein ; and he that sweareth by heaven the throne of god , sweareth by him that sitteth thereon : but the scope of our saviour must be attended , who reproves the vain conceit of the pharisees , who thought god was not concerned in those oaths where his name was not expresly mentioned ; and tels them , that because those oaths were reducible unto god , who accounted himself interessed in every oath , they could not be excused from perjury in the breach of them . pareus expresses it briefly and well , that those oaths were formaliter vitiosa , sed finaliter obligatoria : so that our saviour doth not countenance those forms of swearing , but discountenance their great vanitie and folly in the construction of them ; for an oath taken by that which is no god , if he that swears , puts it in the room of god , it will be found to oblige . thus much for the form of an oath , from which howsoever it hath pleased men to vary , yet it is good to have recourse to the first and purest use of oathes , which was , to mention the name of the lord with lifting up the hand to heaven ; so abraham ( as fit for our pattern as any man else ) genes . . . i have lift up my hand to the lord , the possessor of heaven and earth , that i will not , &c. thus much concerning the form , the qualifications follow , in truth , in righteousnesse , and in judgement . hierome gives this brief and clear interpretation of these words , there must be veritas in re , justitia in causa , juditium in modo jucandi . first , he that swears must have a principall eye to truth , for the end of an essertory oath is to evidence truth , and of a promissory oath to engage truth : veritas entis must be looked to in the former , veritas mentis in the latter , and no room is left for equivocation , which crosses the very end of an oath . it is certainly a most horrid impiety to call god to witness an untruth , who delights to be stiled the god of truth ; it is an affront we should be ashamed to offer a person of honour , to make him a partner in our iniquitie . in brief , he that swears a falshood , doth insinuate , that god doth either not know the truth , or not regard it ; but his eyes are on the truth , ierem. , . let those that swear falsly well consider it , lest a curse enter into their houses , as the lord threatneth , zech. . , . . he that sweareth must do it in righteousnesse , in a lawfull and just matter ; if the oath be promissory , the thing sworn must be lawfull and good ; not such an oath as david swore against nabal and his house , sam. . . or herod to herodias , matth. . . if the oath be assertory , let it be with righteous and just intentions , to the furtherance of justice and charitie , and upon no other account . . in judgement , that is , wisely discerning the occasion and ordering the circumstances of his oath ; for instance , he that swears in judgement will not swear in a triviall or sleight businesse ; the name of the lord is great , wonderfull , and holy , and not to be made use of but in solemn and serious things . an honest man will not swear in a false matter , nor a wise man in a frivolous . oathes and lots are of like nature in this particular , both seriously to be used , and in cases of necessitie . temere jurat qui aliter potest proximo consulere , is a sober speech , and to be regarded ; if by any other means we can provide for our neighbours good and safetie , it is rashnesse to swear on his behalf . to swear in judgement , is to do it with deliberation , and actuall consideration of the importance of an oath ; the majesty , truth , and justice of him by whom , or unto whom we swear . having thus confirmed and illustrated the proposition , a word of application will be needfull . first , by way of consutation to those who utterly deny the lawfulnesse of oathes in the times of the gospell , and that under the countenance of this scripture which i am insisting on , together with that of the apostle iames , already mentioned , which i hope are sufficiently vindicated from any such meaning , in the judgement of the considerate reader : if men will run away with the sound of words , instead of the sence of them , and single out an expression of scripture , and urge it against the evidence of severall plain places , speaking the contrary , it argues an hereticall disposition , more addicted to opinion than to truth . calvin takes notice of such a temper , in his commentary upon this place , his words are these , vna cum rixandi libidine crassam inscitiam produnt anabaptistae dum , vocem unam morose urgendo , totum sermonis tenorem clausis oculis praetereunt : the anabaptists by occasion of this scripture discover ( together with their perversnesse ) grosse ignorance , while they frowardly urge one word , neglecting the whole frame of the discourse . it is said our anabaptists ( if they will admit of that name , which they must rather than we to gratifie them with the name of the baptized churches , deny our own baptisme ) allow of oathes : it is well if it proceed from a soundnesse , and not from a latitude of principles : but by denying the use of them god loses honour , and men come short ( many times ) of truth and justice . it is true , if men were as they ought , yea and nay might suffice instead of oathes . omnis fidelis sermo pro juramento est , saith hierome ; but we must take men as they are , with their defects of faith , truth , and knowledge , and the remedy of those defects , which is an oath , must still continue . . but because where there is one too scrupulous , there are many too profuse in the matter of oathes , a severe reprehension belongs to those who observe no rule in swearing ; such are they who sweare by the creatures , light , bread , or any thing that comes next hand , whereby a man first abuses his own reason ; for what ridiculous folly is it to call inanimate creatures to attest any thing ? what madnesse to curse ourselves by our blessings ? secondly , he abuses the name of god , which ought to be interposed in an oath , by substituting any other thing in his room , which there is nothing in heaven or earth fit to supplie . and thirdly , he abuses the creature it self , by imploying it to an end dishonourable to its creator , an use to which it never was appointed ; and this may well be part of that burthen under which the creature groaneth and travelleth in pain , as the apostle speaks rom. . . and of that vanitie of sin and trouble which it is subjected to . to swear by creatures below our selves , is to under-value our selves : for men verily swear by the greater , hebr. . . to swear by creatures above our selves , ( as glorified saints and angels ) is to overvalue them , for what or who are they that they should be to us in the room of god ? they also who regard not truth , judgement , and righteousnesse in their oathes , what reproof is sharp enough for them ? to swear falsly by the name of the god of truth , how great a provocation is it ? those that swear falsly , that is , either that which they know to be false , or that which they know not to be truly , are highly guilty of offence against the god of truth , whose eyes are upon the truth , ierem. . . and also against humane society , which is knit together by the bands of truth and justice . the aegyptians had so reverent an esteem of their idols , which were but vanity , and a lie , that if any were found to swear falsly by them , they were adjudged worthy of death ; and shall we make light of abusing the name of the living and true god ? there is no person of honour and honesty but would look upon it with highest indignation to be called to attest an untruth ; what shall we then think of the god of truth , will he not be very jealous for his honour , in such a case ? it is sad to see and consider how often men are produced to swear contradictions , where one must needs be guilty of false-hood in swearing , unless , both parts of a contradiction can be found true , which is impossible . and that which adds to the mischiefe , is , that unrighteousness is bound up with untruth in the most false oathes , and so both tables are broken at once . sometimes men swear falsly , out of malice , and revenge , but it is a strange revenge , to destroy a mans reputation , to wound his conscience , to hazard his salvation , that he may require another . oh what folly and madness is in the hearts of the sons of men while they live , and after they go to the dead , as the wise man complaines , eccles. . . others swear falsly out of a covetous principle , loving the wages of unrighteousness , as balaam did ; but what profit is it to win the world and lose a mans own soul , saith christ , who knew well enough what the worth of both was , matth. . . such a man is like to come to iudas his reckoning , who dearly earned the reward of iniquity , act. . . others who think it base to forswear themselves for money , will yet do it out of respect to a superiour , or kindnesse to a friend ; but for a man to pawn his soul in courtesie , is madnesse and not kindnesse , and most desperate folly for one to lay down his own conscience or comfort as a bridge to make passage for another to his worldly advantages . but i shut up this admonition with that of the lord by the prophet zechariab , . . let nme of you imagine evill in your hearts against his neighbour , and love no false oath , for these things i hate , saith the lord . odium terminatur ad non esse . destruction is the fruit of hatred . and lastly , the number of them that swear but not in judgement , is exceeding great ; alas , how few are there that understand an oath , and fewer that consider it ! those that swear in common conversation , certainly swear not in judgement , they do it so frequently , so sleightly , that their understanding cannot exercise any deliberate act about it ; they take so little notice of it that they will hardly be brought to acknowledge they have sworn ; if they confesse it they will tell you it was before they were aware , and so are found witnesses against themselves , that they swear not in judgement : but if every idle word is to be accounted for , as our saviour tels us matth. . . what shall we think of idle oathes , which signifie nothing but a profane and vain spirit , will not they inflame the reckoning exceedingly ? the sons of men ( especially great and noble persons ) cannot endure to have their names tossed up and down among vain men , or used upon sleight occasions : and will no the god of heaven take it in greater indignation that his name [ which is great , wonderfull , holy ] should be made triviall or common , by the frequent usurpations of ignorant and wicked men certainly he will not hold them guiltlesse that thus take hi● name in vain : it is not the plea of custome that will excuse no● yet extenuate the sin . it is true , some places are so profane , the swearing is become the very dialect of the town or family where they dwell , and shall they escape by the commonnesse of their iniquity , no surely neither nature nor custome which is the second nature are tolerable excuses for any evill , but rather aggravations of it . sin is not the lesse but rather the more to be bewailed , because of the deep root it hath in our corrupt natures . in this glasse it was that david and paul saw their sins to be above measure sinfull , psal. . and rom. . and the like may be said of custome , alteranatura ; it is so little capable of being pleaded by way of mitigation of the sinn of swearing , or any other iniquity , that it renders it the more mischievous and dangerous . the lord by the prophet ieremy gives an account of the state of iudah , chap. . . can the aethiopian change his skin , or the leopard his spots ? then may ye also do good who are accustomed to do evill . but was this any advantage to them , that they were so accustomed to evill , that they could not leave it ? no , for it follows vers. . therefore will i scatter them as the stubble that passeth away by the winde of the wildernesse . this is thy lot , the portion of thy measures from me , saith the lord . let men take heed of customary sins . if men will be wont to sin , god is wont to punish . others there are more deliberate in this wickednesse , and so more guilty ; they think it a kinde of a gallantrie and gracefulnesse of speech to interlace it with oathes and execrations ; nay , some are become so exceeding vain and vile , that they will study new-fashion'd oathes , as well as cloaths , and so go down to destruction in the right mode : concerning these persons i know not well what to say , but choose rather to stand and admire , first , the depth of wickednesse and madnesse in the heart of man , which casteth up such mire and dirt ; and then the infinite patience of the god of heaven , who is highly sensible of such affronts and provocations , and easily able to avenge himself , yet forbears to execute his just displeasure . but let them who like raging waves of the sea thus foam out their owne shame , and vent the superfluity of naughtinesse that is in them , know , that though god be long suffering , yet he will not alwayes suffer , his patience hath prefixed bounds ; and though for some time there may be one event to the righteous and the sinner , to him that sweareth and him that feareth an oath , as saith the preacher , eccles. . . yet there is a day of the revelation of the righteous judgement of god approaching , and then will the lord put an everlasting difference betwixt the righteous and the wicked ; betwixt him that serveth god , and him that serves him not , malach. . ult. it may be such profane persons finde not the curse entered into their houses , according to the threatning zach. . , . but it is entred into their hearts , which is of worse consequence , for by their hardnesse and impenitency they treasure up wrath against the day of wrath . and though the persons mentioned do most notoriously offend against this rule of swearing in judgement , for they have no judgement in their goings or doings , yet they are not the onely offenders in this point ; there are many who call others to swear , and are called lawfully thereunto ; that rush upon oathes without due consideration : they consider not the weight of the matter , or the necessity of an oath in the case . every unnecessary oath is a vain oath , and litigious persons who occasion many oathes for the decision of their needlesse controversies , will finde they have much to answer for ; their sins against charitie by contentions , against justice by vexations , and against the name of god by calling men to swear about that which is hardly worthy a mans going over the threshold to prove . and though erasmus was too strict in saying , non est ingenui christiani jur are pro rebus hujus seculi , pro praediis & nummis ; yet the truth lies very near it , and that is , men should be very backward to swearing in such cases , and utterly averse if the difference may otherwise be determined . an oath is rather to be reckoned in necessariis quam in simpliciter bonis . the command to swear by the name of god , deuter. . . is not like that of calling upon his name , but the meaning is , if there be a just occasion of thy swearing , then let it be by the name of god , and not by any idol or creature . others consider not the solemnity of an oath , the majestie and dread of that name which is in vocated thereby , but lightly , hastily , and irreverently use the name of god , which is full of provocation . it is sad to see how in courts of justice , where magistrates are tender enough of their own honour and power , the name of god is profaned with rude and irreverent swearing : what hudling of oathes there is with very little sense or consideration of the weight and importance of them , which if administred with deliberation and solemnitie , would conduce much to the honour of god , and the right end of an oath , which is the serious confirmation of a truth in question . and it would be no small degree of reformation among us in civill proceedings , if the number of oathes were lessened , and those that must be taken were administred with more solemnitie , as all the parts of gods worship ought to be : let me therefore put you my lord maior & the rest of the magistrates in mind , that god hath intrusted you with a very great treasure , which is the glorious and fearfull name of the lord your god , which he is very tender of , and expects you should be so also , and expresse your regard thereto , by punishing unlawfull oathes , preventing unnecessary oathes , and duly regulating those which are lawfull and necessary , in order to truth and peace . the day is hastening upon us when we shall have no other refuge but the name of the lord , which is a strong power to the righteous , proverbs . . and how sad will it be to finde such a repulse as this , what have you to do take my name in your mouthes , which you have profaned and suffered to be profaned , for want of executing the power and trust committed to you by god and men ? is not every mans particular burthen heavie enough for him to bear ? let us not then neither magistrates nor ministers ( for we are most concerned ) make our selves partakers of other mens sins , by not discharging our dutie to them . this shall suffice o have spoken of 〈…〉 wherein i have had more speciall respect to ass 〈…〉 i come now to the second , which will more directly c 〈…〉 oathes promissory , such as you have taken this day . propos. ii. it is utterly abominable to forswear , or not to perform our oathes unto the lord . the righteousnesse of the scribes and pharisees which came short of the law , and short of heaven ( as i have already said ) yet reach●d thus far , that oathes were to be performed ; if scripture were silent , the law of nature and nations would speak plain and loud in this point , there being hardly any sin upon which they have set a fowler mark then that of perjury ; i suppose because of the peculiar mischief and malignitie that it carries with it to humane societies , which are preserved by truth and fidelity . apud omnes populos & ab omni aevo circa pollicitationes et contractus maxima semper vis fui● jures jurandi . i think it utterly superfluous to produce any thing by way of proof in so clear a point as this is , i only give this argument from the lesse to the greater , if it be generally look'd upon as unworthy to break a mans word or promise ( as indeed it is , for it renders a man inconstant , if not unfaithfull ) much more unworthy is it to recede from a promise strengthened and seconded with an oath . it is worth the consideration that of paul . cor. . . where you find him exceeding solicitor to preserve his reputation from the stain of lightnesse ; when therefore was thus minded did i use lightnesse ? or the things that purpose do i purpose according to the flesh , that with me there should b● yea , yea , and nay , nay ? but as god is true , our word toward you wa● not yea , and nay : and so it becomes every one that nameth the name of christ , the faithfull and true witnesse , to have a tende● respect to credit and conscience in the matter of oathes and promises which is one speciall branch of that blessed exercise o●keeping a good conscience void of offence toward god and toward men . to this may be added the consideration of the strictnesse o● god in this particular , how severe hath he been in reprehensions and punishments for the violation of promissory oathes , though some excuse might have been pleaded for the breach of them ▪ when saul broke the oath made by ioshua and the princes o● the congregation to the gibeonites , ioshua . . he might have said it was made by his predecessors , but not by himself ; it was a surprize , a covenant obtained by indirect and fallacious means , it seemed to clash with the injunction of god for destroying the nations ; & lastly , that he did it not out of revenge or self-interest , but in zeal to the people of god , the children of israel : but notwithstanding all these pleas , the lord took himself so much concerned in the breach , that he looked upon the house of saul as a bloody house for this cause , and took a sharp recompense for his transgression , sam. . , , &c. another instance may be that of the king and princes of iudah , who being overcome by the king of babylon , entered into an oath and a covenant with him , which afterward they violated , by sending ambassadours to aegypt for auxiliaries , that they might get their neck from under the yoke . forth is also something might be pleaded , as that it was a forced oath , drawn from them in extremity , that it was contrary to the promises made to israel , that it should be high above all nations , contrary to the honour and interest of the church of god to be under the oppression of strangers : should israel be a servant , a home-born slave , and not deliver himself at his first advantage ? but notwithstanding all this the lord tels them , that though the oath was made to the king of babylon that was his enemy as well as theirs , yet it was the lords oath : theref●re thus saith the lord , as i live surely mine oath that he hath despised , and my covenant that he hath broken , even it will i recompense upon his own head , and i will spread my net upon him , and he shall be taken in my snare ; seeing no bands of mens making will hold him fast , i will make a snare for him in which he shall be surely held . but because notwithstanding the strictnesse of the obligation of promissory oathes , there will be sometimes a necessitie of dispensation , some explicatory rules must be added ; as , . an unlawfull oath or engagement , i mean , that which obliges to a sinfull act , a breach of any of gods commandements , must not be performed . iuramentun non debet esse vinculum iniquitatis . ames . and therefore david did much better in breaking his oath made against naball and his house by way of revenge , sam. . : . then herod did by keeping that rash and sinfull engagement made to herodias , matth. . , , . for though it may seem to reflect upon the obligation of an oath , that in any case it should be remitted , yet it would be a greater dishonour to the nature of an oath if it should be allowed to tye a man to the disobedience of gods commands , and so have influence into sin . and therefore if any be so unwarrantably engaged , they must repent of the first sin in making such an oath , and not adde a second in the keeping of it : for as we say of precepts , so we may of promises , praeceptum inferioris non obligat contra potestatem superioris . neither precepts nor promises made against the lawfull power of our superiour , ( much lesse our supreme god himself ) are binding . naturall light reaches thus far , for we find in curtius that nicomachus having rashly sworn secrecy to dymnus , when he understood the businesse to be an intended murther against the king , he denied that he was obliged by a religious bond to a wicked act , and revealed the matter . . an oath binds not to impossibility , to swear that which is at the present impossible , is great rashnesse and folly ; but a man sometimes finds it impossible to perform that which was possible when he engaged to it , but certainly with the possibilitie the obligation ceases , and it suffies that there be a willingnesse to perform , and a propensitie to embrace an opportunity of fulfilling it when god shall render it possible and fit to be done ; and here the lord himself makes a dispensation by providence , as in the case of an unlawfull oath he doth by precept . . if the oath be lawfull and possible , though it be extremely prejudiciall , and incovenient unto the person so ingaged , he is not to dispense with the performance of it . this is made a character of a citizen of zion , that he sweareth to his own hurt , and changeth not ; and it sufficeth not for an excuse of the breach , to say , we did it rashly and upon mistakes , for so might ioshua and the princes of israel have said concerning their oath to the gibeonites , which was an oath of disadvantage to israel , as saul thought , when in zeal to their good he brake it , and an oath wherein they were surprized , yet they were obliged by it . and as for that dispensation which some allow in the case of prejudice to publike good , although i would not wholly reject it , for a man may pass away his own right when he cannot do so with the publique , yet it is to be admitted with very much caution and tendernesse , because there is great danger least it open a gap to unjust and unnecessary violations of this religious bond , and be made a cloke to private interests as frequently it is , and therefore let it be a clear and indisputable good , and judged so to be by others rather then him that is to dispence with his oath about it . to keep an oath with my own disadvantage is a demonstration how far i prefer the name of god , the honour of religion unto my own concernments , and so an argument of sincerity toward god , or at least of honesty among men . having gone as far as the limits of a sermon will permitt , i must refer to treatises for that which is further desired concerning this subject , onely i must close with a word of application . first , to those who have the power of imposing promissory oathes upon others ; that they would be exceeding tender , nay i will say , backward and averse unto such kind of obligations , some have thought them utterly unlawfull and that our saviour in this text intends the prohibition of them , whom though we cannot agree to , yet we must acknowledge them to be exceeding dangerous ; assrrtory oathes are the end of all strife , but promissory oathes prove many times the beginnings and aggravations of strife , and if there ought to be so great care to avoid unnecessary oathes in case of assertion , certainly much more in case of obligation : to offend in the former is an act more transient , in the latter more permanent . governours are ready to think it is their great security to establish themselves by oathes , covenants , & engagements ; the use of them is not absolutely denyed , but the abuse and unprofitablesse of them is evidently manifest ; how easily men say even concerning these , let us break their bonds in sunder , and cast away their cords from us . the policies of men have been pronounced vain in this case , and will be , so long as men purpose according to the flesh , ( as paul speaks cor. . ) their words will be yea and nay ; and especially to do it at such a time as this , a time of unsetlednesse and quick revolution , wherein it were too hard a task to bid a man lay hold of the sails of a whirling windmill , or stay the wheels of a running chariot : the truth is , men will not be bound , much lesse will the almighty by such cords as these . canst thou draw out leviathan ●ith a hook ? job . . the like may be said in some degree concerning the oathes taken by inferiour officers , by tradesmen in companies and corporations ; these oathes are too much used , and too little observed among them : i think it is possible to hold forth a more excellent way both in the former case and this latter ; if ●agistrates would take fast hold of the people , and lay firm obligations upon them ; it must not be by words , but actions ; not ●y the peoples promises , but their own performances : vbi non 〈◊〉 sanctitas , pietas , fides , instabile regnum est , saith the heathen poet . ●onsciencious persons who lay to heart the things of god , ●●ould be obliged by nothing more then due liberty and order 〈◊〉 matters of religion , which two howsoever they have been kept at distance , are not onely possible but willing to be reconciled . faith and order are matter of rejoycing to an apostle col. . . and as those who are for heaven would be most ingaged by such means ; so they who are for the earth , by consulting their profit & their quiet , both the one and the other by publike justice in which all are equally concerned . and as to the latter case , concerning the tying of officers and others to their duties by the bond of oathes , it is indeed in it self the most sacred and strong tye , but it is not so to the generalitie of men , who are more awed by penalties then by oathes ; and till the reverence of an oath be restored to the world , that men shall regard their consciences more then their purses ; it would be advantage to both parties concerned in promissory oathes , that penalties were many times imposed in the room of them . . i shall adde a word to those persons who are ingaged in oathes promissory . first , that we should look back upon all the solemn obligations of this kinde into which we have at any time entred , and seriously bewail before the lord our great sin and folly concerning them ; how rashly , slightly , implicitely and inconsiderately have we adventured upon oathes , schollers in the universities , tradesmen upon their admissions to freedom , officers entring on publike employments ? and if we search our consciences it may be we shall finde little of them remaining , but the guilt ; let us humble our selves and pray that it may be removed . and let us not think that sufficient , but account it our dutie to revive them , and so farr as it is lawfull or possible , hold our selves obliged to perform them , though we have been incautelously and unwisely surprized in them . loose and libertine spirits are very forward to say , let us break these bonds in sunder , and cast away these cords from us ; let us look upon them as almanacks out of date ; but let such take heed they reckon not without the lord , whose account shall only stand in the day of our great account , and if that be found upon the file , which we thought had been cancelled it wil be a sad reckoning ▪ and to invort that of the roman senatour : si non romiae tamen vestri miserescite . if you have no compassion of your selves , yet pitty a poor nation that lies mourning under oathes , not only the rash vain oathes of profane and licentious men , but deliberate promissory oathes and covenants so frequently and ●alsly violated . i would not extenuate any sin , much lesse that of swearing , but the ●ormer oathes are like man slaughter , when the latter are as murther . the lord forgive our sin and heal our land . and for the time to come let us as far as possibly we may avoid them , falsa juratio mala est , omnis periculosa . but if there be a just and necessary occasion for a promissory oath , as sometimes there may , let us be exceeding circumspect in the taking of it , well weighing what we do and with what intention , and being once engaged , not to study evasions but executions of trust and promise . what can i say more then the lord hath said in his perpetuall law : the lord will not hold him guiltlesse that taketh his name in vain . there is much said , but more intended then expressed , in these words ; the lord will deal with such a person as one who is deeply guilty of provocation . give me leave to be particular and plain : you my lord major and sheriffs are under the band of an oath ; that you will diligently execute the office you are called unto according to your skil , power and understanding . hereby you are tacitely obliged to do your utmost to understand the duty of your places , and expresly bound to execute them to the utmost of your skil and power , which is a great word and hard to be performed . you the aldermen , common-councell , and four and twenty ( as you are called ) are sworn to assist the mayor in his office , to come to councell at all times , when you are sent for , unlesse you have a just excuse ; take heed of hindring instead of assisting , take heed of absenting your selves upon frivolous excuses , or things of lesse moment then that you are called unto ; think not to be your own judges in the excuse , you will find another besides you , and above you , whose judgment is according to truth . think not that if you have not taken the oath this year , you are not obliged , a former oath binds you as long as you continue in your station . give not heed to evasions , but in all doubtfull things take the safer course . you also take an oath of secrecy , in which there is a snare , be carefull that you be not taken in it , but let prudence and conscience set a watch before the door of your lips . you that are freemen of the citie are also under this sacred bond , for preserv●tion of the due rights and priviledges of the citie , and to be obedient to the just and good goverment of the same : take you heed also , and be exceeding circumspect , dispence not with your obedience , where the lawes of god , and the lawes of the land allow not a dispensation ; think not it is left to your private determination , what is just and good goverment ; you must take it as you find it , and do all things without murmurings and disputings , where the lawes of your superiors are not contrary to the divine and supreme law . so shall you seek and procure the peace of the citie , and of your own souls also . you are sometimes called as jurors , and sworn to make true inquisitions and presentments ; not to present for hatred or malice , not to forbear presenting for favour or reward , truly to trie issues according to your evidence , not your priv●●e opinions and mistaken charitie . take the counsell given by moses to israel , take head to your selves , and keep your souls deligently . in all things that i have said unto you be circumspect . i adde only this one consideration from the usuall close of your oathes wherein you promise to do such and such things , so help you god ; a most weightie and important expression . if the lord help not , how sad is the condition of any of us ▪ and shall we forfeit our interest in it by breaking the oathes we enter into ? and give the lord occasion to say when we flie for help unto his name , how can you expect help from me , remember the day when you said and swore , that as you expected help from me , you would do the things which you have not regarded . thus have i according to my measure given in that counsell which i desire may be acceptable to you . the lord by his blessed spirit supply the defects of my words , and of all our hearts and wayes . finis . notes, typically marginal, from the original text notes for div a e- exod . . hagg. . , . * tim . , cor. . . notes for div a e- {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . act. . . cor. : . psal. . . ierem. . . deut. . . psal. . . iam. . . exod. . . grot. de jure belli & pacis . iuravit david temete sed non implevit jurationem majori pietate . august . durand . lib. : dist. . lib. : cap. . application iereniah . . the obligation resulting from the oath of supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king, his heirs and successors. in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation; and of divers judgments of parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. pett, peter, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the obligation resulting from the oath of supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king, his heirs and successors. in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation; and of divers judgments of parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. pett, peter, sir, - . [ ], , [ ], [i.e. ]- , [ ] p. printed for thomas dring at the harrow at chancery-lane end in fleetstreet, william crook at the green dragon without temple-bar, and william rogers at the sun over against st. dunstan's church in fleet-street, london : . dedication signed: p.p. 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the obligation resulting from the oath of supremacy , to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the king , his heirs and successors . in the asserting of that power various historical passages occurring in the usurpation after the year . are occasionally mentioned ; and an account is given at large of the progress of the power of dispensing as to acts of parliament about religion since the reformation ; and of divers judgments of parliaments declaring their approbation of the exercise of such power , and particularly in what concerns the punishment of disability , or incapacity . princes are supreme over persons , not over things . this is the supreme power of princes which we teach , that they be gods ministers in their own dominions , bearing the sword , and freely to permit and publickly to defend that which god commandeth in faith and good manners , &c. princes may command the bodies of all their subjects in time both of war and peace , &c. out of all question where princes may by god's law command , all men must obey them , &c. the prince may discharge the servant , but no man can discharge the subject . the word of god teacheth you to obey princes ; the words of men cannot loose you . bishop bilson of the supremacy . london , printed for thomas dring at the harrow at chancery-lane end in fleetstreet , william crook at the green dragon without temple-bar , and william rogers at the sun over against st. dunstan's church in fleet-street , . to the right honorable john earl of melfort , viscount of forth , lord drummond of rickartone , &c. his majesty's principal secretary of state for the kingdom of scotland , and one of his majesty's most honorable privy council in both kingdoms of england and scotland , &c. my lord , as the historian hath told us of ireland , that long ago while the arts and sciences were generally banish'd from the christian world they were enthroned in ireland , and that men were sent thither from other parts of christendom to be improved in learning ; so i have elsewhere observ'd that in some late conjunctures ( and particularly during the turbid interval of the exclusion ) men might well be sent to scotland to learn loyalty . and i having taken occasion in the first part of this discourse to shew my self a just honourer of that country , and ( as i may say ) somewhat like a benefactor to it by sending thither the notices of some pass'd great transactions that might possibly there give more light and life to the moral offices of natural allegiance or obedience , did hold my self obliged in common justice to address this part of my work to your lordship . for as your station here qualifies you beyond other subjects to receive what tribute is offer'd to your country , so your handing it thither will necessarily make it there the more acceptable . and when i consider with what an incomparable tenderness for the monarchy and its rights so many of the statutes of scotland since the year . have been adorn'd , i am apt to think that any matter of presidents or records by me recover'd out of the sea of time where they lay so long useless and neglected , and now happening to be serviceable to those moral offices before-mention'd , would by the so many in that kingdom devoted to consummate obedience and loyalty , be more valued then if i could have imported into that realm another such treasure as that which lay so long buried in the ocean near the bahama islands , and that whoever contributed to your loyal country any substantial notions that might enrich it in the discharge of the duties of the born and sworn allegiance , would be esteem'd there as some way sharing in the honour of arauna , in giving like a king to a king. long may your great master live happy in the enjoyment of the faithful services of so vigilant a minister as your lordship , who by the universality of your knowledge accompany'd with universal charity for all mankind , have appear'd to be born , as i may say , for the time of his most glorious reign , the time chosen by heaven for mercies triumph on earth . nothing vulgar was to be expected from a person of your lordship's extraordinary intellectual and moral endowments , and in whom the loyalty and other virtues of your many noble ancestors have ( as it were ) lived extraduce . and the world would be unjust to you if it acknowledged not its great expectation answer'd by your greater performances , and particularly by your having been so eminently ministerial in the easing both the cares of your prince , and of all his subjects too by the figure you have made in promoting the ease of his people's consciences , and in further ennobling and endearing the name of drummond by your lordship's prosecuting that by the bravery of action , which the historian of that your name did by words , when he transmitted to posterity the most christian and statesman-like speech of liberty of conscience , i know extant , and as spoke by a roman-catholick councellor in scotland to king iames the fifth . i most humbly kiss your lordship's hands , and am , my lord , your lordships most obedient servant , p. p. the obligation resulting from the oath of supremacy . to assist and defend the pre-eminence or prerogative of the dispensative power , belonging to the king , his heirs , and successors , &c. part i : a. in this kingdom of england , so naturally of old addicted to religion and vehemence in it , as to give a bishop of rome cause to complain , he had more trouble given him by applications from england about it , then from all the world beside ; and afterward to make geneva wonder at the sabbatarians here exceeding the iewish strictness ; and to cause barclay in his eupho●…mio to say of the english , nec quicqúam in numinis cultu modicum possunt , and that our several sects thought unos se coelestium rerum participes , exortes coeteros omnes esse : did you ever observe , hear or read of the style of tenderness of conscience so much used as in the year . and sometime afterward ? b. i have not . from the date of king charles the first 's declaration to all his loving subjects about that time , wherein he speaks of his care for exemption of tender consciences , till the date of king charles the second's declaration from breda , wherein the liberty of tender consciences is provided for , the clause of easing tender consciences ran through the messages , addresses , and answers that passed between king and parliament almost as much as the clause of proponentibus legatis did run through the councel of trent . a. but were not their consciences extremely erroneous who thought themselves bound then to advance religion by war ? b. a●… , and by a civil war ( as you might have added ) against a prince of the tenderest conscience imaginable : for that character he had from an arch-bishop in his speech in the parliament of who said , our sovereign is , i will not say above other princes , but above all christian men that ever i knew or heard of , a man of most upright , dainty , and scrupulous conscience , and afraid to look upon some actions , which other princes abroad do usually swallow ? and he might have added , a prince the real tenderness of who●…e conscience had so often favour'd the nominal tenderness of others , who instead of being tender-hearted christians , were stiff-necked iews ; and who might justly apprehend that it was only duritia cordis , instead of tenderness of conscience he dispens'd with , and as when god dispens'd with the iews in polygamy . for since tenderness of conscience doth necessarily render a man abstemious from things lawful , and to be of a gentle submissive temper not only to his equals , but inferiors , and to be merciful even to brute creatures , and not only averse from suing any one about penal lawes , but ready to remit somewhat of his right rather then to go to law with a stranger , and much less with ones father ; the pater patrioe seeing any men outraging the lawes , and the quiet of the whole realm by that wilde brutish thing call'd war , ( for ferinum quiddam bellum est ) might well judge them utterly devoid of all tenderness of conscience . i shall therefore frankly tell you , that no doubt but their consciences were extremely erroneous , or rather sea●…ed . our great writer of conscience , bishop sanderson in his sermon on rom. . . discussing the causes from which mens doubtfulness of mind may spring , and saying that sometimes it proceeds from tenderness of conscience , which yet is indeed a very blessed and a gracious thing , doth very well add , but yet ( as tender things may sooner miscarry ) very obnoxious through satan's diligence and subtlety to be wrought upon to dangerous inconveniences . and if we consider that a civil war cannot be lawful on both sides , however a foreign one may , we may well account that any deluded melancholy people who were tempted to raise a civil war out of a blind zeal for religion , and to assault the thirteenth of the romans out of the apocalypse , had hard spleens instead of tender consciences , and that they have soft heads instead of tender hearts , who try to make religion a gainer by war. but indeed the project of planting religion and propagating the church by war , that is described to be status humanoe societatis dissolutoe , and that so presently opens to all mens view the horrid scene of contempta religio , rapta profana , sacra profanata , is so vain , that the old proverbial impiety of such who did castra sequi how victorious soever , hath naturally help'd to make conquering nations embrace the very religion of the conquered ; a thing exemplify'd in the conquests of the danes and sa●…ns in england , of the gothes in italy and france , and spain , and of the moors in spain , and in the turks having overcome the saracens , embracing the saracens religion . and the vanity of reforming the world by war , that profound and conscientious statesman cardinal d'ossat in his third book , th letter and to villeroy , a. . hath well taught us , and where he mentions how he urged to the pope the reasonableness of harry the th's , so religiously observing the great edict of pacification , and that the many wars made again and again by hereticks , serv'd for nothing but in many places to abolish the catholick religion , and in a manner all ecclesiastical discipline , iustice , and order , and to introduce atheism with the sequel of all sorts of sacrileges , parricides , rapes , treasons and cruelties , and other sorts of wickedness , &c. and afterward that on the making war , all the malecontents , all people indebted and ne●…ssitous , all debauchees , and vagabonds , all thieves and other criminals , whose lives were become forfeited to the law , of what religion or opinion soever they were , were wont to joyn with the hugonots , and did more harm to the church , and religion , and good manners in one day of war , then they could in a hundred days of peace . thus ●…e who ●…its in the heavens had them here in derision , while they in effect thus presumed to transprose scripture , and to say glory to god in the highest , and on earth war , and ill will towards men ; and while according to that saying in arch-bishop l●…d's famous star-chamber-speech , viz. no nation hath ever appear'd more jealous of religion then the people of england have ever been , they were under such transports of misguided zeal , as to adore that their jealousie , and to offer sacrifices to it with as much contempt of heaven and cruelty to mankind , as ever were offer'd to the image of iealousie referr'd to by ezekiel ; and to which the tenderest of their relations were not thought too costly victims : and to which their truly tender-conscienced king , who like moses with tenderness carried them in his bosome as a nursing-father beareth the sucking child , and who sometimes out of tenderness to several of his complaining children sacrificed the rigour of his penal lawes , and to whom they should have been subject for that tender thing conscience sake , was himself at last sacrificed . how did that pious prince sometimes in relation to his heterodox protestant subjects imitate the father of the prodigal , who when his son was yet afar off , ran to meet him , fell on his neck and kiss'd him , a thing acknowledg'd by an eminent learned divine , mr. iohn ley in his book call'd defensive doubts , hopes and reasons , printed in the year . and where in p. . urging the bishops to procure the revocation of a late canon of the church , and having said wherein if they appear and prevail , they need not fear any disparagement to their prudence by withdrawing that they have decreed , since the wisest statesmen and greatest governors have used many times to comply so far with popular dispositions , as to vary their own acts with relation to their liking , as the pilot doth his soils to comply with the wind , he addeth , and you cannot have a more authentic example both to induce you to this , and to defend you in it from all imputations , then that of our sacred sovereign , who rather then he would give any colour of complaint for aggrievances to his people , was pleas'd to dispense with the five articles of perth's assembly , and to discharge all persons from urging the practice thereof upon any either laick or ecclesiastical person whatsoever , and to free all his subjects from all censures and pains whether ecclesiastical or secular , for not urging , practising , and obeying any of them , tho they were es●…ablish'd both by a general assembly , and by act of parliament . king charles his large declaration of the ●…umults in scotland , p . & p. . and for his own acts ( for these articles of perth were propounded and ratify'd in the reign of his royal father ) he imposed the service book , the book of canons , and high commission upon his subjects in scotland , and upon their humble supplication , was content graciously to grant a discharge from them : passing his princely promise that he would neither then nor afterwards press the practice of them , nor any thing of that nature , but in such a fair and legal way , as should satisfie all his loving subjects . the duplys of the divines of aberdene , p. . and p. , . whereupon mr. ley thus goes on , viz. wherein wise men who judge of consultations and acts by their probable effects , and not unexpected events , cannot but highly commend his majesty's mildness and clemency : which we doubt not would condescend to your requests for a removal of this great aggrievance if you would please to interpose your mediations to so acceptable a purpose , and upon our humble sute , which in all submissive manner we tender to your lordship ( and by you to the rest of your reverend order ) we hope you will do so , since we have it upon his word ( his royal majesty's word , which neither in duty nor discretion we may distrust ) that the prelates were their greatest friends ( i. e. of his scottish subjects ) their councels were always councels of peace , and their solicitations vehement and earnest for granting those unexpected favours which we were pleas'd to bestow upon our people . the king 's large declaration , p. thus then the royal dispensation with the five articles of perth was at the intercession of the bishops , tho' they knew the same establish'd by act of parliament , graciously afforded to his scotish subjects . those articles of perth related to various religionary matters , viz the introducing of private baptism , communicating of the sick , episcopal confirmation , kneeling at the communion , and the observing such ancient festivals as belong'd immediately to christ : and of which doctor heylin in his history of the presbyterians having spoken saith , that the king 's indulging the scots in dispensing with the penal laws about them , was an invitation to the irish papists to endeavour by armed force to compass the king's dispensation . but how tenderly the consciences of the roman catholics in ireland were in the reign of the royal martyr then protected under the wing of the dispensative power , contrary to what the dr. observ'd , any one may see who will consult my lord primate bramhal's replication to the bishop of chalcedon , where he saith , that the earl of strafford lord lieutenant of ireland did commit much to my hands the political regiment of that church for the space of eight years . in all that time let him name but one roman catholic that suffer'd either death or imprisonment , or so much as a pecuniary mulct of twelve pence for his religion upon any penal statute , if he can , as i am sure he cannot , &c. and such was the acquiescence of the populace , and of the three estates in the penal lawes there against the roman catholics being thus dead or asleep , that in the printed articles of impeachment against the then lord chancellor of ireland , and that lord primate th●…n bishop of derry , and others of his majesty's publick ministers of state exhibited by the commons to the lords in the year . there is not a syllable of complaint against those lawes being so dispens'd with by connivence . nor yet in the printed schedule of grievances of that kingdom voted in the house of lords there to be transmitted to the committee of the same house , then attending in england to pursue redresses for the same , is there any representation of such indulgence being any gravamen , nor yet of the great figure the irish papists then made in the government , the majority of the parliament , and of the iudges and lawyers then being such . and pursuant to that prince's indulgence offer'd to the tender consciences of his subjects in the year . he was graciously pleas'd in the treaty at uxbridg●… to order his commissioners who were such renown'd confessors of the church of england , to make the first royal offer there that freedom be left to all persons of what opinion soever in matters of ceremony , and that all the penalties of laws and customs be suspended . and the truth is , since the christian religion did in its first settlement so rationally provide for its propagation in the world , and its bespeaking the favour of princes by its enjoyning subjection and obedience to their lawes , not only for wrath , but conscience sake ; and since that principle of humane lawes binding the conscience ( which was so often and so publickly avow'd by that prince and arch-bishop laud , and bishop sanderson and the divines of the church of england in general ) is the surest guard to princes thrones and their tribunals ; and that therefore 't is the interest of the prince and people . to be more watchful in preserving that principle then all the iewels of the crown , or walls of the kingdom : that prince did therefore necessarily take care to preserve and to perpetuate in some of his tender-conscienced subjects , a continued tenderness for his lawes by his lawful dispensative power ( as particularly in the case of his scottish subjects ) in taking off the obligation of obedience , and of conforming themselves to the establish'd lawes ; for such dispensation intrinsecally notes the taking off such obligation from the persons dispens'd with . and it is indeed a solecism for any one to ask indulgence from a prince who owns the law of the land , binding him in conscience ; if he doth not think such prince perswaded that his power of granting it is a part of that law . he was not ignorant of his father's aversion against the penal lawes in general , and on which account my lord bacon celebrating him , saith , as for penal lawes which lie as snares upon the subjects , and which were as a nemo scit to king henry . it yields a revenue which will scarce pay for the parchment of the king's records at westminster . and religionary penal lawes requiring the greatest tenderness , as he found when he came to the government , that the two most famous puritan divines , mr. hildersham and mr. dod , men of great probity and learning , had often been in his father's time pursuant to the act for uniformity disabled from preaching , and been re-inabled to it by particular indulgence ( and as likewise fuller tells us in his church history , that bishop williams when he was lord keeper of the great seal of england , procured a licence from king iames under the great seal for mr. cotton the famous independent to preach notwithstanding his non-conformity ) so he in the same manner that his royal father did , held the reins of the law loose in his hands as to those two other non-conformists beforemention'd . the history of mr. hildersham's life , mentions that he was silenced in iune , a ▪ , and restored again in ianuary , a. . again he was deprived and silenced , april a. . for refusal of subscription and conformity , and after some time again restored : and was again silenced in november , a. . by the king 's particular command ; and on april . a. . he was judicially admonished by the high commission , that saving the catechizing of his own family only , he should not afterward preach , catechize , or use any of the offices or function of a minister publickly or privately 〈◊〉 he should be lawfully restored and releas'd of his said suspension . but shortly after the beginning of the reign of the royal martyr , he was again restored ; and was afterward again silenced , and so continued till august . a. . and then he was again restored . and mr. dod's life represents his case as parallel with this before-mention'd . he was in king iames his time suspended and restored , and again by the king 's particular command disabled from preaching , and was by king charles the first re-ennabled or restored . thus as fortis fortem amat , one tender conscienced man too loves another such ; and the executive power of the law in re-ennabling after temporary disability , was tenderly administred by these our princes to these conscientious men , with respect to their real capacity of favour to be shew'd them . a. you have here given me a taste en passant of part of the dispensative power , as exercised in the three realms during some conjunctures in the reign of king charles the first , and for which i thank you , and particularly for what you told me of the act of parliament dispens'd with in scotland , of which i never heard before ; and am apt to suppose a thing of that nature was never done before in that realm . b. i can assure you , to those who know the publick transactions of that kingdom , the thing will not in the least seem new . i can tell you that on the th of november , a. . king iames the th of scotland made an act of state in favour of three roman-catholick earls , huntly , arroll and angus , by which act he allow'd them several priviledges , contrary to acts of parliament made against roman-catholicks . and his majesty in his act of state expresly dispenseth with those acts of parliament : and which dispensation tho queen elizabeth importuned him to revoke ( and for that purpose sent the lord zouch as her embassador to him ) he still adhered to the act of state he had made , and continued his dispensation . a. have you this matter of fact out of any of the records in england or scotland ? b. i have it out of the original papers under the hand of queen elizabeth and her great minister burghly , and the original instructions of the lord zouch when sent by her to expostulate with the king about it , that were lately in my custody , and by me sent to our gracious sovereign : and i shall some other time give you a more particular account of that dispensation . a. but ( i beseech you ) did not the protestant divines of the church of scotland then cry out of the unlawfulness or inexpedience of that dispensation ? b. i have read it in a learned book of dr. maxwell a scotch-man , printed a. . ( and who was then bishop of killally in ireland , and had formerly been bishop of rosse ) that mr. robert bruce one of the ministers of edenburgh , and who had a great sway in the church of scotland , was pleas'd with the king 's extending his favour to angus and arroll , but out of a factious complyance with the earl of arguile , was displeas'd at its being shewn to huntly . but that loyal bishop there acquiesceth in the reason of state , that inclined the king to pardon the three earls , and his thereby hindering the growth of faction in scotland , and providing for his more easie and secure access to the throne of england on the death of queen elizabeth . and so you may easily guess what sort of men in scotland look'd with an evil eye on that act of the royal goodness , and who did not . the bishop there had applauded the great depth of the king's wisdom , and his transcendent goodness in the pardoning the three earls , and mention'd that there was nothing of religion in the case of bruce's aversion against the pardon of huntly , for that angus and arroll were as bigot papists , if not more then huntly . i can likewise direct you to my lord primate bramhal's celebrated book call'd a fair warning to take heed of the scotish discipline , where in chap. . thus entituled , viz. that it robs the magistrate of his dispensative power ; he saith by way of instance , when the popish earls of angus , huntly , and arroll , were excommunicated by the church , and forfeited for treasonable practices against the king , it is admirable to read with what wisdom , charity , and sweetness his majesty did seek from time to time to reclaim them from their errors , &c. and on the other side to see with what bitterness and radicated malice they were prosecuted by the presbyteries and their commissioners , &c. sometimes threatning that they were resolv'd to pursue them to the uttermost , tho it should be with the loss of all their lives in one day , &c. sometimes pressing to have their estates confiscated , &c. he refers there in his margin to ass. edinb . . but any one who shall consult d'ossat's letters , and there in the second book carefully read over the th letter that was writ to villeroy in the year , and three years after the date of king iames his act of state , and observe what that great sagacious cardinal there refers to concerning the circumstances of those three earls , and how all the prudence that could be shewn by man , was but little enough for the conduct of that king in that conjuncture , in order to his removing what impediments either from rome or spain , or his native country might obstruct his succession to the crown of england ; will not wonder at his having dispens'd and continued his dispensation as aforesaid . a. i have not yet ask'd you whether the divines of the church of england , did not lift up their voices like a trumpet against the dispensative power thus exercised by their prince , as you have mention'd ? b. they discharged their duties in preaching occasionally against all growing errors : but they wanted none to mind them of the saying , impium esse qui regi dixerit , inique agis . the pious and learned author of certain considerations tending to peace , &c. mentions how the bishop of st. davids in king iames's reign , a. . did in a set speech in convocation shew , that ministers were not in the late archbishop's time disabled from their ministry on the account of non-conformity to the ceremonies by law enjoyn'd ; and concluded his speech with the motion of petitioning the king , that if the removal of some of the ceremonies enjoyn'd could not be obtain'd , nor yet a coleration for them of more stay'd and temperate carriage , yet at least there might be procured a mitigation of the penalty , &c. and as the suspension or disabling of hildersham and dod from their ministerial functions , so the restoring of them to the same without all such things done by them as the strictness of the lawes required , was in both those princes reigns executed by the bishops . nor do i remember to have read of any divine of the church of england to have in the least look'd with an evil eye on the goodness of the dispensative power in the reign of king charles the first being extended to particular persons ; but the hated sibthorpe , who in his sermon of apostolick obedience ( as he call'd it ) doth speak of mens being bound to observe the lawes of the land where they live , except they will suffer as busie bodies , or except they will have that inconvenience granted , that the general lawes or government of a nation must be dispens's withal , according to the particular conceit and apprehension of every private person : whereout what coleration of heresy , what connivence at errors , what danger of schisms in the church and factions in the state , must necessarily follow , &c. and having mentioned the liberty of a few erroneous consciences bringing the bondage of many regulated commands , he saith , we must prefer the general before the particular , and not let every one be loose to their list and affection , but all must be kept within the lists of their duty and subjection . and i but just now told you of that prince's avowing ▪ that the bishops advised him to the tenderness he shewed in dispensing with his lawes , to gratifie the pretended tenderness of the consciences of some of his scotish subjects in that conjunct●… ▪ ●…eand by which dispensing one would have thought they might have been sufficiently antidoted against the strong delusions of entring into war for religion . oh that such thoughts had been then impress'd on their minds , as are contain'd in the general demands of the ministers and professors of aberdene , p. . as i find them cited in the book of mr. ley before-mention'd , viz. there be other means more effectual for holding out of popery ( and so of any unlawful innovation ) in which we ought to confide more then in all the vowes and promises of men , yea , also more then in all the united forces of all the subjects of this land , to wit , diligent preaching and teaching of the word , frequent prayer to god , humbling of our selves before him ; and amendment of our lives and conversations , and arming our selves against our adversaries by diligent searching of the scriptures , whereby we may encrease in the knowledge of the truth , and in ability to defend it against the enemies of it . oh that the demagogues of those times had caus'd such words then to have been writ in our churches , or i might rather wish that those heads of parties had had themselves then hearts of flesh , and that such tender words had been like a law written there . but the urgentia imperii fata were upon us ; and that delicate use of conscience that is in . cor. . . call'd examen vel probatio nostrum ipsorum , and whereby it resembled the best property of a beam in scales , namely its tenderness , and turning with the least part of a grain , was among the great actors in that rebellion quite laid aside , and all the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. the weightier matters of the law did not stir their consciences : and the great obligation of their oaths of allegiance and supremacy signify'd no more then the dust of the balance . tho they pretended to so nice a tenderness about any thing that look'd like an oath in familiar discourse and was not one , as at the saying in faith , or in troth , and so would seem to come under solomon's character of him that feareth an oath , ( but as to which words of in faith , or by my faith , our judicious sanderson de iuramento makes them amount to no more then a meer asseveration , or at the most an obtestation ; and saith , that the genuine interpretation of the words , by my faith , whether in an assertory or promissory matter is this , i speak from my heart , i pawn my faith to you that the thing is so ) . yet they at the same time would ridicule or seize on any one who had told them of what they were sworn to in the oath of allegiance , and of the recognition they made there , as the words of that oath are , heartily , willingly and truly upon the true faith of a christian. a. there was a solemn league and covenant afterward took by those who had so apparently outraged the oath of allegiance , and it was taken generally by all the layety and clergy of the parliaments party ; and was there not a general tenderness of conscience express'd then in the observance of that covenant ? b. in the course of my observation of men and things , some things have more particularly occurred to me to shew you that the great takers and imposers of that covenant did as plainly and without any seeming remorfe outrage their oath in that covenant , as they did their oaths of allegiance and supremacy . for after they had first sworn to endeavour to preserve the reformed religion in the church of scotland in doctrine , worship , discipline , and government , and then sworn to endeavour to reform religion in these kingdoms of england and ireland in all points , according to the examples of the best reformed churches ; and so were bound to reform us according to the pattern of scotland , ( for that church must necessarily pass for the best reform'd church , that stands in need of no resormation , being to be preserv'd by them in the state it was ) the parliament instead of setling in england the presbyterian government which then in scotland , had within its verge four judicatories , and all pretended to be founded on divine right . . a parochial session . . a presbyterian consistory . . a provincial synod . . a general assembly , as they were bound to , did in effect settle erastianism ( a tenet , or hypothesis of church-government that the scotch and english presbyterian divines avowed as great an hatred of as of popery it self ; erastianism giving the supreme power in ecclesiasticals to the civil magistrate ) and in their printed votes and orders reproved the presbyterian divines for challenging an arbitrary power , and which they would not grant , nor set up ten thousand iudicatories within the kingdom , as the parliaments words were : referring to the scots parechial session , where a competent number of lay-elders ( whom they call presbyteri non docentes ) and deacons proportionable to the precinct and extent of the parish are conjoyn'd , and which associate body thus compacted is the spiritual parochial sanhedrim . but this very first point of that church-government , the parliament hinder'd presbytery from gaining here , and opposed its moving in that lowest sphere of the parochial session of setling so many thousand ecclesiastical courts of pye-powder in england , and whereby it could never hope to climb up to the primum mobile of a general assembly , which in reality was the sphere the parliament it self moved in . mr. prynne who was one of the greatest champions for that covenant , was yet an eminent profess'd erastian , and mr. coleman a member of the assembly of divines , another of those champions for the covenant , was likewise a declared erastian , and a great favourite of the parliaments , and whose frequent sermons before them for erastianism were printed by their order ; and which sermons of his , ▪ and likewise his books writ for it were with great heat impugned in print by mr. gillespy a divine of scotland , and one of the commissioners in england for that kingdom : and who in a printed sermon of his preach'd before the house of lords , doth call erastus the great adversary ; and in one of his pamphlets against mr. coleman , call'd nihil respondes , mentions how the presbyterians and independents were both equally interessed against the erastian principles . and as to the greatness of the number of the covenanters out of parliament that rejected the iure-divinity of the scots ruling elders , mr. coleman gives us his judgment in p. . of his reply to nihil respondes , viz. that / of the assembly , and / of the kingdom denyed a ruling elder to be an instituted officer jure divino . but heylin having told us in his history of presbytery , that presbytery did never setle its lay-eldership in any one parish in england : we may easily thence suppose the national violation of that national covenant , without any apparent regret of conscience on that account . how all the independent clergy and layety who had took the covenant did in a manner simul & semel most notoriously violate it , in setting up the model of their church-government is not unknown . but indeed , as the very sagacious author of the book call'd , the main points of church-government , &c. printed in london , a. . hath observ'd , the known sense of the scotish nation which framed the covenant , and for whose satisfaction the covenant was here taken , doth include independency under the name of schism , or at least under those words contrary to sound doctrine ; and our independent divines could not but know this to be their sense of it , and yet we know of none that did protest against it , or explain themselves otherwise at the first taking of the covenant , if they have done it since . and i might further tell you , that after the engagement was set up of being true and faithful to the common-wealth of england as it is now establish'd without a king or house of lords ; tho several of the presbyterian divines out of a sense of their oaths and allegiance , and their covenant were so loyal as to refuse it , i have not heard of any of those independent ones who did . but such was the inundation of practical atheism in the kingdom that our civil wars had caus'd , that when the engagement was set up , almost the whole body of the lawyers in england took it rather then they would lose their practice . these men knew the meaning of the acts of parliament containing the oaths of allegiance and supremacy , and yet were abandon'd by a disloyal sophistical principle of the want of power in a lawful sovereign to protect them , absolving them from their obedience , to cancel their oaths in the court of conscience . and in a word further to shew you how the tender regard of publick promises was here grown one of pancirol's lost things , i shall tell you , that tho in the parliament of richard cromwell , none was allowed to sit but he who had first took a recognition of engaging to be true and faithful to the lord protector , &c. and not to propose or give any consent to alter the government as 't is setled in one single person and a parliament , yet the republicans in that parliament were not in the least diverted by that recognition from endeavouring there to alter the government , and it was there avowed by them , that a promise or oath took without doors , did not bind within . and at last to bring up the rear of mens perjury , after all the oaths legal and illegal had been so much confounded , when the late king's restauration was almost in sight on the then general monk with his army coming to london , a new oath of abjuration of the royal line was at that time set on foot in councel , and which some there would have had imposed on the general himself . a. good god! what a concatenation of perjuries was our land so long enslaved with ? you have referr'd to the solemn league and covenant for extirpating popery and superstition , and while a general assembly , and parliaments were planting here the doctrine of the council of lateran , namely the absolving subjects from their oaths of allegiance . b. and while they were planting a discipline , that archbishop whitgift in his reply to t. c. p. . . and bishop hall in his book of episcopacy , part . p. . and bishop downham in his defence of his sermon , l. . c. . p. . and archbishop bramhal in his fair warning to take heed of the scotish discipline almost throughout , do charge with popery ; and where the last archbishop doth represent the covenant with the terms of baal , baal berith and baalims , and saith , it were worth the enquiring whether the marks of anti-christ do not agree as eminently to the assembly general of scotland , as either to the pope or to the turk . this we see plainly that they spring out of the ruines of the civil magistrate : they sit upon the temple of god , and they advance themselves above those whom the scripture calls gods. a. that archbishop's saying , it were worth the enquiring thus concerning that general assembly as then used , is the only thing wherein i differ from him , for i think there is no doubt in the case . b. to this you may add the thoughts of their being associated against superstition , while they were planting the grossest superstition that any age hath known , if we may take our measures of superstition from that definition of it in the reformatio legum ecclesiasticarum , viz. superstitio cultus est ad deum relatus , immenso quodam proficiscens humano studio , vel animi certâ propensione quam vulgò bonam intentionem vocant , &c. let any one consider , how after the beginning of the parliament of forty , they had obtain'd in the very act that took away the ship-money , that all the particulars prayed or desired in the petition of right should be enacted ; one whereof was , that no oath should be imposed on the subjects that was not establish'd by act of parliament , and how in despite of that law , they without any such act , out of a blind zeal for religion , imposed this dreadful oath on the people : let any one but read over the covenant with a narrative , and the speeches of mr. nye and mr. hendersham at the time of the solemn reading , swearing and subscribing of the covenant by the house of commons , and assembly of divines in st. margaret's church ▪ and observe in mr. nye's speech , his saying , that association is of divine offspring , and his resembling of this covenant to the covenant of grace , and the matter of it there represented by him as worthy to be sworn by all the kingdoms of the world , as a giving up of all those kingdoms to christ ; and where it followeth , yea , we find this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet on two of gods kingdoms , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to do this day , and so swearing , rev. . &c. and consider how he there makes this oath to be the most effectual means for the ruining popery and prelacy , and leaves it to be consider'd , whether , seeing the preservation of popery hath been by leagues and covenants , god may not make a league and covenant to be its destruction , after he had before-mention'd the associations of the religious orders and fraternities , and the combination by the la sainte ligue for the muniting of popery , as incentives to this league ; and how he doth again go to the magazine of the apocalypse for some weapons for this covenant , and hath other artillery for it from the iewish state , citing the words of the prophet , let us joyn our selves to the lord in a perpetual covenant that shall not be forgotten , & how according to the ratio nominis of superstition , viz. of mens over-importunate prayers that their children might out-live them , he concludes with a devout prayer , that this covenant may out-live their childrens children ; and let any one behold in mr. henderson's speech the like flame of enthusiastick zeal ( or of the superstition quam vulgo bonam intentionem vocant ) against superstition and idolatry in worship , &c. and concluding it with his belief , that the weight of that covenant would cast the balance in our english wars ; i say let any one consider all this , and tell me if ever he saw a more pompous scene of superstition , and more magnificent procession bestow'd on it , and contrived as bishop sanderson's words are in his lecture , de bonâ intentione ( and having his eye on that covenant ) viz. obtentu gloriae dei , reformandae religionis , propagandi evangelii , extirpandae superstitionis , exaltandi regni domini nostri iesu christi ; and if ever he saw what the bishop in that lecture calls the iesuites theology , viz. omnia metiri ex commodo sanctae matris ecclesiae , more strongly asserted then in the contexture and imposition of that covenant . but those two divines lived to recover their allegiance , and a due sense of their oaths for it , and to see that foetus of their brain , that at its solemn christning they wish'd immortality to , renounced publickly as a spurious birth ; and to the scandal of that age , a race of other oaths in england as infamously born , intercept its inheritance . nay , let me tell you , that in the nation of scotland ▪ loyalty hath been a growing plant of renown since the year . and the idol of their former covenanted presbytery been by the loyal nobility and gentry and populace there generally abhorr'd . and tho sir george wharton in his gesta britannorum relates it as a strange thing that on the st of august , a. . the parliament of scotland pass●…d an act for a national synod , the first that ever was in that kingdom under the government of bishops ; yet i can tell you of an act of parliament that pass'd there afterward , that declared the right of the crown to dispense in the external government of the church . i shall entertain you with it out of the scotch statutes , viz. in the first session of the second parliament of king charles the second , there pass'd an act asserting his majesty ▪ s supremacy over all persons , and in all causes ecclesiastical . edenburgh , november th . the estates of parliament having seriously considered , how necessary it is , for the good and peace of the church and state , that his majesty's power and authority , in relation to matters and persons ecclesiastical , be more clearly asserted by an act of parliament ; have therefore thought fit it be enacted , asserted and declared , like as his majesty , with advice and consent of his estates of parliament , doth hereby enact , assert and declare , that his majesty hath the supreme authority and supremacy over all persons , and in all causes ecclesiastical within this his kingdom ; and that by virtue thereof , the ordering and disposal of the external government and policy of the church doth properly belong to his majesty and his successors , as an inherent right to the crown : and that his majesty and his successors may setle , enact and emit such constitutions , acts and orders , concerning the administration of the external government of the church , and the persons employed in the same , and concerning all ecclesiastical meetings and matters to be proposed and determined therein , as they in their royal wisdom shall think fit . which acts , orders and constitutions , being recorded in the books of councel and duly published , are to be observed and obeyed by all his majesty's subjects , any law , act , or custom to the contrary notwithstanding . like as his majesty , with advice and consent aforesaid , doth rescind and annul all laws , acts and clauses thereof , and all customs and constitutions , civil or ecclesiastick , which are contrary to , or inconsistent with , his majesty's supremacy , as it is hereby asserted , and declares the same void and null in all time coming . a. you told me before how the king dispens'd with the five articles of perth , setled by act of parliament ; but this act yields so great a territory to the dispensative power , that my thoughts cannot suddenly travel through it . it acknowledgeth in the crown a more sublime power then of dispensing with presbyterians or independents , or of suspending the penal laws against them , namely of abolishing episcopacy , and of making presbytery or independency the national church-government . car tel est notre plaisir now for the external form of church-government , is allow'd to make the pattern in the mount. and 〈◊〉 accordingly as mr. baxter in his book call'd a search for the schismaticks , represents archbishop bramhal's new way of asserting the church of england in his book against him , . to abhor popery . . that we all come under a foreign spiritual iurisdiction , obeying the pope as the western patriarch , and also as the principium unitatis to the universal church ; governing by the canons , &c. may not the king by this act make the external government of the church of scotland patriarchal , and the pope patriarch ? b. the act needs no comment : and if you will tell me that the scots shew'd themselves erastians or latitudinarians when they made it , i shall acquaint you that that archbishop in his schism guarded , p. . asserts , that a sovereign prince hath power within his own dominions for the publick good to change any thing in the external regiment of the church , which is not of div●…ne institution , and that he had in p. . of that book , allow'd the pope his principium unitatis , and his preheminence among patriarchs , as s. peter had among the apostles ; and that in p. . of his iust vindication of the church of england , he takes notice that by the statute of carlisle , made in the days of edward the first , it was declared , that the holy church of england was founded in the estate of prelacy by the kings and peers thereof . but now further to entertain your thoughts with the great scene of the new heaven and the new earth in that kingdom , and of men there walking at liberty , as the words in the psalms are ( or at large , as 't is in the ma●…gin , and as in the latin , indesinenterque ambulabo in ipsa latitudine quia mandata tua quaero ) whose measures were before staked down to the narrow tedder of presbytery , and whose souls were once enslaved to a blind zeal for that church-government ( as what they then fancy'd to be the putting the scepter into christ's hand , and the only efficacious means to keep out popery ) i shall tell you that they have now put the scepter into their prince's hand to rule the church with what external government he will , who were form●…rly so ready to enslave both kingdoms , by designing to put the royal scepter of scotland into the french king's hands , and to bring a popish french army into scotland to enforce the setlement of presbytery . a. one would hardly think it possible that they should then design any such thing . b. as the civil law rangeth things that wound mens piety ▪ reputation , or good manners , among impossibles ; so one would think those of the scots then designing a thing of that nature , to be an impossibility . and any one would thus think it impossible , who consider'd that the crown of england , a. . sent forces into scotland , whereby the french were driven out of that kingdom , and that thereupon in the publick printed prayer prefixt to the scots psalm-book , it is said , viz. and seeing that when we by our own power were altogether unable to have freed our selves from the tyranny of strangers , thou of thine especial goodness didst move the hearts of our neighbors ( of whom we had deserv'd no such favour ) to take upon them the common burden with us , and for our deliverance not only to spend the lives of many , but also to hazard the estate and tranquillity of their realm ; grant unto us , o lord , that with such reverence we may remember thy benefits receiv'd that after this , in our default we never enter into hostility against the realm and nation of england . suffer us never , o lord , to fall to that ingratitude and detestable unthankfulness , that we shall seek the destruction and death of those whom thou hast made instruments to deliver us from the tyranny of merciless strangers , &c. but he who shall read k●…ng charles the first 's declaration concerning his proceedings with his subjects of scotland since the pacification in the camp near berwick , printed a. . will find this fact too true : and the letter there likewise printed , which was under the hands of the leading men of the presbyterian faction in scotland writ to the french king , and wherein his assistance is implored . a. but by that act about the supremacy in scotland , a. . that you read to me , i see that the old leaven of presbytery is there sufficiently purged out , and that the very mass of blood in mens principles relating to the regal power is universally sweeten'd . b. you have great reason to judge so ; and if you had read the scotch statutes since the year , you would find the body of that nation having the temperamentum ad pondus for loyalty . and your having mention'd the old leaven there purged away , minds me of minding you that that nation having so nobly discharged its moral offices in that case , ought to be absolv'd in the thoughts of all the loyal from the fact of its former deflection from loyalty : and that the great measures of christian charity ought to extend beyond that judgment of seneca , that poenitens est fere innocens , and even as far as s. paul's generous discharge of the corinthians on their having purged out that ferment , viz. for behold what carefulness it wrought in you , what clearing of your selves , yea , what indignation , yea , what fear , yea , what vehement desire , yea , what zeal , &c. in all things ye have approved your selves to be clear in this matter . look on their acts of parliament in the time of k. charles the second , by one of which it is declared , that his majesty his heirs and successors , by uirtue of the royal power which they hold from god almighty over this kingdom , shall have the sole choice and appointment of officers of state , and councellors and iudges ; and by another , that the estates of parliament considering that the kings of this realm deriving their power from god almighty do succeed lineally thereunto . and i can direct you to another , that contains in it so strange a resignation to the king's measures , as may make you again wonder at the possibility of such a temper , and not to be equall'd by any thing i have read of ▪ but that pang of zeal wherewith so many once at cambridge were affected for edward the senior , when they swore to will what he willed ; i mean that act of parliament in scotland an. . concerning the league and covenant , and discharging the renewing thereof without his majesties warrant and approbation . the act concludes with an inhibition , that none presume to renew that covenant or any other league or covenant without his majesties special warrant so to do . thus then that covenant tho by them so much nauseated , they shew'd themselves ready again to swallow , if his majesty for any such reasons of state , as they could not foresee , should enjoyn them so to do . a. you do indeed make me wonder at this great example of the tenderness and extent of loyal obedience in scotland . b. i can tell you of another act of parliament , viz. the th act of the second session of the second parliament of k. charles the d edenburgh . august the act against conventicles , where their very zeal against them is a wall of fire to guard the dispensative power . the act runns thus , forasmuch as the assembling and convocating his majesties subjects without his majesties warrant and authority is a most dangerous and unlawful practice , prohibited and discharged by several laws and acts of parliament under high and great pains , &c. for the suppressing and preventing of which for the time to come , his majesty with advice and consent of his estates of parliament , hath thought sit to statute and enact , &c. that no outed ministers who are not licensed by the councel , persons not authorized or tolerated by the bishop of the diocess , presume to preach , expound scripture , or pray in any meeting , &c. and that none be present at any meeting without the family to which they belong , where any not licensed , authorized nor tolerated , as said is , shall preach , expound scripture , or pray , &c. a. the act for uniformity here car. . doth justice to the prerogative of the crown in dispensing , by taking care that the penalties in it shall not extend to the foreigners or aliens of the forriegn reform'd churches allow'd or to be allow'd by the king's majesty , his heirs and successors in england , and which were granted to them with non-obstante's to all acts of parliament . b. and the act o car. . entitled , seditious conventicles prevented and suppressed , passing in the parliament of england in the same year that the act against conventicles did in scotland , and concluding with a proviso , that nothing therein contained , shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs , but that his majesty and his heirs and successors may from time to time , &c. exercise and enjoy all power and authority in ecclesiastical affairs , &c. any thing in this act notwithstanding , shewed such a concordant sympathy between the two realms in tenderness for the prerogative of dispensing with the penal laws ecclesiastical , as is between the strings of two distant lutes , on the touching the string but of one of them . but i must tell you , that tho by this proviso the benefit of the dispensative power hath been sufficiently secured to the churches of forreigners here , and the king 's ecclesiastical supremacy justify'd in its power of indulging the conventicles of all sorts of recusants , yet as in the scotch act the crown 's dispensing with conventicles hath been more express then in the english act , so hath the administration of prerogative in that kind been more tenderly and signally exercised in scotland , then i have observ'd it to be in england . for i find in a look call'd a compendious history of the m●…st remarkable passages of the last years , &c. printed an. . that in p. . the author referring to the month of iuly , . saith , that upon a rebellion in that kingdom being nipt in the bud , his majesty was pleas'd to publish a proclamation , commanding the iudges and all magistrates to apprehend and punish all such as frequented any field-conventicles , &c. according to the prescript of the law , as also to prosecute with all legal rigour the execrable murtherers of the late arch-bishop of st. andrews : declaring withal that his majesty being desirous to reclaim all such as had been mis-lead through ignorance or blind zeal , had according to the power reserved to his majesty by the th act in the d session of the d parliament , suspended the execution of all laws and acts against such as frequent house-conventicles on the south-side of the river tay , excepting the town of edenburgh , and two miles round the same , &c. and the truth is , it must likewise be to the honour of that nation acknowledged that in the worst of times , they after their covenant did not contract any such guilt of perjury by a superfetation of enterfering oaths , as great numbers of our land did : and that they were exemplary to england in loyalty , and in propping up the hereditary monarchy , while so many here in the plott-conjuncture were infatuated with the project of the exclusion , as to give me occasion by a fresher instance , and but of yesterdays occurrence to invite you to behold a spectacle of the divine iustice in abandoning such men here to the guilt of superstition who used unjust means to extirpate it . such among us who had not took notice of that english and scotch sainte ligue , and its being so generally exploded , and who in the late ferment about popery would have fortify'd an exclusion with an association ; and again set up association as of divine-off-spring , you see how being wild with excessive fears and iealousies of the growth of popery , they were guilty of the superstition of founding dominion in grace . a. considering how men here have laughed at the obligation of their lawful oaths , and that for unlawful oaths a land mourns , methinks 't is an adventurous thing for a prince to take possession of his inheritance of the empire of such a land so encumbred with the guilt of swearing and forswearing . o when may we see that antient general tenderness in point of oaths here , that flourished among us in the days of our first reformation : nay even in some times of our roman catholick ancestors ! b. i believe never , till after all the living here being resolved to dust , and a new race of mankind enriching themselves and their country by the culture of the earth and manufactures , men shall be above temptations from necessity , to take god's name in vain ; and when the very use of oaths assertory or promissory , will be dispens'd with by nature . i am sure the spectacle of mangled and slaughter'd bodies covering a field immediately after a battle hath not more horror in it , then the sight of the consciences mai'md and wounded by the inobservance of publick oaths hath been since the aera of . and as our chronicles mention , that they who were born in england the year after the great mortality an. . wanted some of their cheek teeth , i may say that generally they who have been born here the years after . wherein the plague of perjury by the outraging those oaths of allegiance and supremacy was so epidemical , have seem'd able only to swallow those oaths , but not to ●…hew upon them in serious and considerate thoughts : no not at the very frequent times of their taking them . and still tho in speculative points in england consulitur de religione ; yet conclamatum est as to a general tender regard to the religion of those oaths . there was ( i think ) a want of tenderness in some as to their sworn assisting and defending all the priviledges and preheminences belonging to the crown , during the late ferment about my lord danby's pardon : and i may more sadly reflect on the same mens want of recollecting their oath obliging them to the king his heirs and successors at the time of the ferment about the exclusion . a. i think that many who by repentance have been cured of the epidemical plague of perjury that reged here in . and of such a plague , and another of fears and iealousies since , have yet sustain'd more damage thereby , then they who were born the year after did in wanting some of their cheek teeth ; and that their case is like that of those who were recover'd of the great plague at athens that thucydides hath described , and who tells us , that after their recovery , their souls had lost the faculty of memory , and were dozed with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 about what themselves had done , or what had passed in the world during the horror of that very plague , or before or since . but after all this said , i am to ask you if you will make all those perjured who having took the oaths of allegiance and supremacy , promoted the exclusion ? b. by no means . i have more humanity and christian charity then to do so . i shall here observe to you that divines in their measures of mens sinful actions do often make use of the distinction of materialiter and formaliter . thus for example , ames in his cases of conscience l. . c. . si quis falsum dicit , putans esse verum , mentitur tantum materialiter . si quis verum dicit , putans esse falsum , mentitur formaliter . and he having before in l. c. viz of heresy , made pertinacy a requisite to a man's being formally an heretick , and said that pertinax est qui non est paratus captivare intellectum & rationem suam omnem sacrae scripturae , adds , haereticus igitur potest esse quis materialiter , dum assensum praebet erro●…i pernicioso , vel ex simplici facilitate out temeritate haereticis or dendi qui sub honestâ aliquâ specie fallunt , vel ex ignorantiâ qui ●…ormaliter non est haereticus : cum pertinacia & obstinatio animi deest , atque adeo pro simpliciter haeretic●… non est babendus . concordant with these measures of ames , have i observ'd those of some ingenuous roman-catholick writers , who have declared that they will not pronounce all protestants to be hereticks formaliter . and it is therefore no wonder that such their judgment of charity hath been retaliated by some of the most renowned divines of the church of england , viz. the lord primate bramhal , bishop taylor , dr. hammond and others , who have deny'd to pronounce the worshipping the host to be formal idolatry ; that is to say , to be not so at all in reality , since we know that according to the trite rule , forma dat esse . and thus that primate in his schism guarded saith very well for that purpose , p. . every one who is involved materially in a schism is not a formal schismatick , more then she that marries after long expectation , believing and having reason to believe that h●…r former husband was dead is a formal adulteress , or then he who is drawn to give divine worship to a creature by some misapprehension , yet addressing his devotions to the true god , is a formal idolater . and having there cited s. austin of heresy , he who did not run into his error out of his own over-weening presumption ▪ nor defends it pertinaciously , but receiv'd it from his seduced parents , and is careful to search out the truth , and ready to be corrected if he find it cut , he is not to be reputed among hereticks ; he saith , it is much more true of schism , that he who is involv'd in schism through the error of his parents or predecessors , who carefully seeketh after truth , and is prepared in his mind to embrace it whensoever he finds it , he is not to be reputed a schismatick . i know azorius de iuramento gives his judgment well in thesi , that when a law is changed to which a man is bound by oath , tho he is thereby materially discharged , yet formally he is bound in respect of his will : for if ever he actually assents to the alteration , he is really perjured . and so leaving it to such who were men of great knowledge and consideration , and had took the oaths , and were ready to promo'e a new law for altering the hereditary monarchy ; to think of the danger they incurred of the formal guilt of that crime , i have more charity then to conclude all the rash , and the incogitant , and the weak , and the seduced by the fantastick interpretation of the oath , to have been perjured . but as about the year . thomas archbishop of canterbury was at a council held at northampton accused by the king of perjury , and condemned as guilty of it , because he had not observ'd those english customs that he was sworn to ( as i find francisc. long. de concil . p. . col. . cited for it ) so if you have taken the oath of supremacy , and sworn to defend all the privileges and preheminences granted or belonging to the king , his heirs and successors , and united to the imperial crown of this realm , and are of opinion that one of the privileges of those heirs and successors is to succéed to that crown as it comes to their turn according to proximity of blood , and by their inherent birth-right , and as the hereditary succession ju●…e coronae is setled by the common law of england , i shall tell you that the pious and profound●…ly learned divine dr. hicks , who hath study'd this point as much as any man , hath in his writings told you that having taken this oath , you could not honestly consent to a bill of exclusion , which would have deprived the next heir ( and in him virtually the whole royal family ) of the chief privilege and preheminence that belong'd to him by the common law of this realm , &c. your curiosity ( i believe ) hath led you to read over his learned iovian , and to observe what he there saith in his preface , that some men did pervert the meaning of the word heirs in the oaths of allegiance and supremacy , from its common and usual acceptation to another more special , on purpose to elude the force and obligation which otherwise they must have had on the consciences of the excluders themselves . but it is not only the authority of this single great divine that i can lay before your thoughts for the rendring the attempt of the exclusion contrary to our oath : but i can direct you to the censure of the three estates of a loyal nation , and of his late maj●…sty in the case . for the oaths in scotland , binding the takers both to the king and his heirs and successors as ours do here , i can tell you that in the third parliament of king charles the second , aug. . . you will find the act in these words , viz. the estates of parliament considering that the kings of this realm deriving their royal power from god almighty alone , do succeed lineally thereto , according to the known degrees of proximity in blood , which cannot be interrupted , suspended , or diverted by any act or statute whatsoever , and that none can attempt to alter or divert the said succession without involving the subjects of this kingdom in perjury and rebellion , &c. i know that during the late turbid interval of the nation , some loyal men of the church of england were so much misguided , as to think that because de facto parliaments have heretofore directed and limited the succession of the crown in other manner , then in course it would otherwise have gone ( as the words in the printed exclusion-bill were ) they might therefore of right do so again ; notwithstanding they knew that after the parliament of king iames to prevent the right of succession from fluctuating any more , had justly recognized and declared , that the imperial crown of this realm , and rights belonging to the same , did by inherent birth-right and lawful and undoubted succession descend and come to him , as being lineally , justly and lawfully next and sole heir of the blood royal of this realm , it did afterward by a new oath of obedience or allegiance , oblige mens consciences both to the crown and the hereditary lineal succession , and notwithstanding they knew that that parliament had took care of continuing the obligation of the oath of supremacy for the bearing faith and true allegiance to the king , his heirs and lawful successors , and to assist and defend all privileges , and preheminences and authorities granted or belonging to the king , his heirs and successors , &c. but i doubt not but the consciences of the considerate loyal , now expostulating with them in the cool of the day , whether they did then well in being angry with the imposers sense of their oaths , and in not penetrating into the obligations thereby incurred ; and particularly in not weighing whether such who had taken those oaths , and yet by projects and expedients would have banish'd the heir even after he should come to be actual successor from the effects of their sworn allegiance , and of their sworn assistance and defence of all privileges and preheminences and authorities granted , or belonging , &c. had not visibly out-ran their oaths , they will recollect the late dreadful want of tenderness for the observance of the same . it will be hard for many men on a serious self-examination to reflect otherwise on themselves , after that sir w. i. himself ( as the printed speeches in the oxford-parliament have it ) call'd an expedient of that kind iesuite's powder , and mentioned that on the heirs coming to the title of king , the learned lawyers say , that by . h. . all incapacity is taken away by the possession of the crown , and after that another learned lawyer had there said , i owe the duke obedience if he be king : but if he be king and have no power to govern , he is the king and no king : and had before said , that an act of parliament against common sense is void . to make a man king , and not suffer him to exercise kingly power , is a contradiction . and i am sure 't is a contradiction to nothing more then our oaths . i desire not by referring to the breach of those oaths to touch the tenderness of any man's sore place , or to reproach him as to what he hath done for the time past ; but to promote the tenderness of his conscience : and that his conscience may not reproach him for the time to come , for not assisting and defending all privileges and preheminences belonging to the crown . when i consider the noble and vigorous loyalty that your self and others who were mistaken in the point of the exclusion , have since shewn in the service of his gracious majesty , and the great care that you and they in the post where you were ▪ took in the settlement of his revenue , and of avoiding the character of those of israel , who brought their newly anointed king no presents ; and your read●…ness at his call to venture your life for the support of his crown : and do observe in you and them a fix'd preparation of mind for the defence of every privilege , that is made to appear to you as belonging to the crown , and that your loyalty like a bone well sett is the firmer for having been broken , i account that the si non e●…rasset , fecerat ille minùs , may be apply'd to you , and that after his majesty's pardon and the series of your heroical actions of loyalty in his service , you ought by all equal judges , according to the instance i mention'd before , to be absolv'd , as who in all things have approved your selves to be clear in this matter . and i believe you being one of the church of england , the adherents to which do now as generally call themselves the loyal , as the independents did once vocife●…ate themselves to be the saints , and the principles of which church do enjoyn remorse and penitence , and rending of the heart , and as much tenderness to any who have disrobed the crown of any of its rights and privileges , as was in david when his heart smote him because he had cut off the skirt of saul ' s garment , and whose divines do not only preach the doctrine of non-resistance , but whose oaths bind to it , and that of supremacy binding to a positive assistance of all privileges , &c. your ●…nlighten'd conscience will be your constant remembrancer against any relapse . a. i thank you for thus gently leading me by the hand to such a height of noble thoughts relating to that oath , as from whence i am able to look back with grief on my past aberrations through inadvertence , from what my oath obliged me to in relation to the support of the hereditary monarchy ( and concerning which obligation , the casuistical discussion you sent me did sufficiently illuminate me ) and to take a prospect into my duty that lies before me to assist and defend to my power all iurisdictions , privileges , &c. granted or belonging to the king's highness , &c. or united and annex'd to the imperial crown of this realm . i am sensible that as some vain swearers in common discourse , will upon their being occasionally reproved for it , be apt to swear that they did not swear , and that as there are fools that say in their souls that there is no god , and that there is no soul ; so there is a sort of careless men who having taken this great promissory oath , will yet by their actions deny their having sworn to assist and defend some of those privileges , and likewise be apt to say in their hearts they have not invoked god as witness and revenger in the case of that oath , and that they are not absolutely bound by it , or but only by their reserved sense ; or as if a man representing his country , he were only to take a kind of formal oath in animam domini , and not to venture his own soul. but for my part , i account it as vile to be perjured in a solemn promissory oath as in a judicial assertory one ; and shall hereafter think my self as much bound to use all exactness and tenderness in the recollection o●… my thoughts after a promissory oath , as every man of honour doth before an assertory oath when he is a witness in a court of law. and i think that it is only the multitudo peccantium about solemn promissroy oaths , as for example , about the promised assistance and defence of the privileges of the crown in the oath of supremacy , that diminisheth the shame and ●…gnominy of mens being either through corrupt affections or incogitancy ( and the crassa negligentia which the law makes to be dolus malus ) vacillant or contradictory in the series of their actings promised , or through lachesse or subdolcus pretences withholding their performance of part of what they obliged themselves to do ; and that keeps the populace from a nauseous looking on them as falsarii , and as much as on witnesses produced in courts , who in the things asserted by their testimony are for want of precaution of thought , varii & vacillantes and contradictory to themselves , and minglers of falshood with truth , and who conceal part of the whole truth they were to depose . b. there is another thing that makes the moral offices required in an oath promissory call for some kind of consideration , that an oath assertory doth not : for we are not to depose o●… matter of law , but only of fact : but in the promissory parts of the oaths of supremacy and allegiance our thoughts are obliged to have regard to matters of right and law. we are to our power to assist and defend all privileges and preheminences granted or belonging to the king , &c. and which are united to the imperial crown of this realm . a. but by this means , while you would have men keep up the ease of their consciences by such assistance and defence , will not they be put to it to make their lives uneasy , by buying law-books , and being students of the crown-law , and of the extent of the regal rights ; a thing never intended by the makers of the laws for those oaths , and whereby such who are to assist and defend and rights of the crown by action in land or sea-service would be hinder'd therein by speculation ? b. no man need amuse himself about any such matter . nor are our princes , who by their coronation oaths oblige themselves to defend all our rightful laws and customs , bound thereby to study the report-books of the law concerning the rights and properties of their subjects , and whereby the time of princes would be taken up from defending them . and i shall tell you , that tho all men are morally bound to frame the best conceptions , and make the truest representations of the divine nature they can , and which by the measures of the scripture ●…s comprehended under our duty of glorifying god ; yet not to study the controversies between the remonstrants and contra-remonstrants about the absoluteness of the divine decrees , and dominion , or whether god according to his absolute dominion can torment an innocent creature . and thus tho we are bound to honour god's vice gerents , and to assist and defend their rights , privileges , and preheminences we are not to consume our whole lives in the investigation of truth in the moot-points about the same . but as to this thing , that great casuist of the age , bishop sanderson , may help to set us right in his third lecture of oaths , sect. ▪ where putting the case when subjects are required to take an oath for preservation and defence of laws and liberties , privileges , prerogatives and preheminences of some superior power , as of a king , a common-wealth , or lord paramount , such as are among us , the oaths of h●…mage , of royal supremacy , &c. he saith , no man denies these oaths to be lawful or obligatory : but in respect of the frequent incertainty of the laws whereunto they relate , it may very well be do●…bted how far they oblige . doubtless the subject to his power is obliged to defend all rights which appear either by law or custom legitimate , whether defined by the written law , or in force through long use of time , or prescription , that is , so far as they are known , or may morally be known . but he is not equally obliged to the observation of all those which are controverted or doubtful , especially since powerful men are accustomed to stretch their tedders , and leap over the land-marks of their neighbours , not contenting themselves within the bounds of their own right . nevertheless a subject ought always to be prepared in mind so soon as the justness of those things which are doubtful shall appear , to a knowledge and defend them . it may be hence rationally deduced that such who are call'd to the helm of state , or are members of parliament , if any matters relating to any iurisdictions , privileges , and authorities granted or belonging to the crown shall come in question before them , are by virtue of the oath of supremacy bound to endeavour to know whether those jurisdictions , privileges , and authorities are granted , or do belong to the crown , that is , so far as they are known or may morally be known before they refuse to defend and assist them : and much more before they shall do any act of offending or resisting the same , and before they shall entertain any hard thoughts of their prince for claiming this or that privilege . and where the right of any iurisdictions , privileges granted or belonging to the crown is not controverted or doubtful , that oath binds them immediately to assist and defend the same , and not so much as to move any thing against them , except in some such case as i shall presently mention . a. did ever any parliament presume to destroy , or offend or usurp upon any privilege , or preheminence , or authority , of which the right , as belonging to the crown , was not controverted ? b. yes , the long parliament of did so . the power of the militia was acknowledg'd by the parliaments petition at windsor to be a flower of the crown . and therefore the royal martyr's dying breath might ( one would think ) be thunder to their consciences , when in his speech on the scaffold , he said , i never intended to intrench upon their privileges . they began upon me . it is the militia they began upon . they confess'd that the militia was mine ; but they thought fit to have it from me . no doubt such men intended to entrench on the king's privileges and preheminences , and they intended to violate their oath of supremacy . a. did they offend any other uncontroverted rights of the crown ? b. many more then i have now time to name ; but cannot forget the fatal consequences of their outraging one of those uncontroverted rights which was at the king's pleasure to prorogue or dissolve parliaments , by putting such incessant hardships on that pious king to engage him to pass the act that that parliament should continue till both the houses did consent to the dissolution of it ; and of which mr. hobbs in his behemoth , saith , that it amounted to a total extinction of the king 's right , in case that such a grant were valid , which i think it is not , unless the sovereignty it self be in plain terms renounced , which it was not . and he having said , that the king signed that bill the same day he signed the warrant for the execution of the earl of strafford , and having rais'd the question , whether the king could not have saved him by a pardon , and said , that he would have done it if that could have preserv'd him against the tumults rais'd and countenanced by the parliament it self , doth mind me of the horror of those days , when they who were sworn to assist and defend the king's privilege and preheminence in pardoning any one , tho he knew him justly condemned to dye , did endeavour by tumults to oppose his pardoning one whom he thought not to have deserv'd death . that royal privilege was in like manner by that parliament trampled on in the case of the pardon of archbishop laud. a. i shall here by the way ask you if you did not once tell me that the most profound observers of the affairs in ireland ; had agreed in it as their firm judgment , that the irish rebellion had never happen'd if the parliament of here had not meddled in the case of the earl of strafford , and occasion'd his removal from being chief governour of ireland . b. i shall by the way answer you , that i did tell you so , and that they judged that the character of that earl's great wisdom and courage , and activity , and of universality in his correspondencies , had gain'd such an ascendant over the genius of the irish , that if he had continued lord lieutenant of that kingdom in his former power , they would not have ventured to rebel . a. you have instanced in uncontroverted privileges of the crown that that parliament did offend and resist , by their putting such incessant hardships on their king , as your words are ; and it was folly as well as breach of their oath for them thus to strike at the pardoning power of the crown that is the privilege both of king and people . yet let me ask you whether you account that he who in any case shall endeavour that by the legislative power any uncontroverted iurisdiction , privilege , preheminence , or authority granted or belonging to the crown may be alter'd or restrain'd in its exercise , breaks his oath ? did that parliament do so who made the famous act for barring the known privilege of nullum tempus occurrit regi , i mean , that glorious act of o of king iames the first , c. . of which the title is , conceald lands shall not be recover'd , unless it may be proved that the king had title to them within years ; i. e. years before the th of february in the st year of king iames the first , which was the day of the beginning of that parliament , and on which statute my lord coke hath an excellent comment in instit. . c. . against concealors ( turbidum genus hominum ) and all pretences of concealments whatsoever ; and on occasion of which act it is yet acknowledg'd in the book call'd , the court and character of king james , written by sir a. w. and printed a. . that that king loved good laws , and had many made in his time , and in his l●…st parliament , for the good of his subjects , and suppress'd promoters and progging fellows , gave way to the nullum tempus , &c. to be confined to sixty years , which was more beneficial to the subjects in respect of their quiets , then all that parliaments had given him during his whole reign ? or did the late kings loyal long parliament do so in their obtaining the act for the habeas corpus , and others that might be named ? b. having premised it to you that those words in the oath of assisting and defending all iurisdictions , all privileges , &c. are operative words , and of strict interpretation , and whereby we stake our eternities to assist the king 's temporal rights , and invoke god so to help or assist us as we shall assist all those privileges , and that the prince and the church being look'd on as minors , the breach of an oath to defend the privileges of the king must appear to common sense as odious as if any guardian of a minor did break an oath to defend his person and interest , or did take part with any to destroy the minor's rights ; i shall yet be so fair as to tell you that i do not so account it : provided that he who shall do so shall have a moral certainty that the prince being sensible that the alteration or restraint of such privilege will be very beneficial to the subjects both in the present and future times , and necessary to the enabling them the better to support the crown , hath signified his desire of the same , and doth so desire it : or if he knoweth not his princes so desiring it , believes that the cogency of the reasons he hath humbly to offer for such alteration being made , is such as may incline others to supplicate the prince to consent to it , and the prince so to do . yet in this latter case , if afterward the sovereign notifies his desire of the continuance of such known privilege , i am then by my oath to assist and defend the same , and am not to the cogency of my reasons to add that of importunity . for there is a par or proportion between importunity and force ; whence we see that according to the king 's ecclesiastical laws , in case of a former will , a latter gain'd by importunoe preces in the time of the testator's sickness , is often adjudged void . and as i am not by importunity when my princes affairs are in a sickly state , or that the die of war hath ran against him abroad ▪ to press and tire him then into a parting with his known privileges , so neither with a salvo to my oath , which binds me to assist and defend them , can i if i find his judgment or mind sickly , lay temptations before him to buy him as it were out of a privilege that is just and adviseable for him to keep ▪ i am neither to starve nor pamper my prince out of such a privilege . nay more , if my prince did by any error part with any such privilege , as not knowing the same to be inherent in the crown ( as in the case of an answer of the royal martyr drawn by one of his ministers not deeply vers'd in the law , to some of the parliaments propositions , by which answer he is acknowledg'd to be one of the three estates ) i , who know that the privilege and preheminence inherent in his crown is to be above them all , and have in the oath of supremacy sworn that the king is the only supream governour , and so none co-ordinate , or equal to him , i am to take no advantage of that error , but am still to assist and defend such his preheminence . and if ever a prince did by fear part with such privilege or preheminence , there being a par between fear and force , according to that law of the proetor in the digests , quod vi aut metu factum est ratum non habebo ( and in which law , as baldus saith , the proetor was inspired by the spirit of god ) i am not only not to take any advantage of such act of the prince done by fear or force , or to upbraid him therewith , but am still to assist and defend such privilege so derelinquish'd by him , and am to account the same belonging to him as the word is in my promissory oath , and to account him still in law possess'd of the same , according to the rule of possessio etiam animo retinetur : and which is justly apply'd in the case of any one who in a storm at sea throws his goods over-board to lighten the ship. his late majesty therefore did but right to himself , when in his declaration of the th of october , . concerning ecclesiastical affairs , he took notice how some had caused to be printed and publish'd in england a declaration before printed in his name when he was in scotland , ( i. e. referring to the declaration printed at edenburgh , . ) and saith thus of it , viz●… of which we shall say no more , then that the circumstances by which we were enforced to sign that declaration , are enough known to the world : and that the worthiest and greatest part of that nation did even then detest and abhor the ill usage of us in that particular when the same tyranny was exercised there by the power of a few ill men , which at that time had spread it self over this kingdom , and therefore we had no reason to expect that we should at this season when we are doing all we can to wipe cut the memor ▪ of all that hath been done amiss by other men , and we thank god have wiped it out of our own remembrance , have been our self assaulted with those rep oaches , which we will likewise forget . and it was goodness worthy the great soul of a king to forget the outrages of such who did strip their political father of his power , and then reproach him with his nakedness . i may here likewise tell you ( and not mal a propos ) how much the patience and long-suffering of the same prince was exercised in a late conjuncture that so much eclipsed his prerogative in the case of the earl of danby's pardon , and when the commons did set up against it somewhat in his father's answer to the propositions before mention'd , that nothing but the tempest of the age in the parliament of could have occasion'd , viz. since therefore the power legally placed in both houses of parliament is more then sufficient to restrain the power of tyranny , &c. but because a parliament so perpetuated as that was , did prove more then sufficient to restrain pretended tyranny , and real just government , will a considerate man say any such thing now , when the breath of prerogative can dissolve them in a moment , and in that moment all their thoughts perish , and all the high-flying thoughts that would soare above imperial power be found dead in the nest ? and i may here tell you , that in the answer of some nonconformists to dr. stillingfleet's sermon ( an answer printed in london in the year . during the ferment about the plot , and wherein they desire indulgence ) i think their attacquing the service on the gun-powder treason plot , in thanking god for preserving the king and the three estates of the realm assembled , by saying , that the late king made no scruple in his answer to the propositions to reckon himself one of the three estates , was a thing that on recollection they will judge ought not to have been done . but i am here further to tell you , that though it may be consistent with our oath in some such case as was mention'd , to endeavour the altering by the legislative power some uncontroverted privileges of the crown , and in such a way as i have mention'd , i likewise wish you in your thoughts to make a distinction of those privileges or preheminences belonging to the crown , that are absolutely essential to its preservation , and to that of the whole realm , and which are by god and the law put as a depositum into the hands of kings , and the removing of one of which would have the effect of taking a stone out of an arched building , and such as no sovereign princes can be without ; and such as our princes have in their flourishing reigns to the great content and happiness of their people always exercised , and rights ( as the late earl of shaftsbury said of that of the flagg ) that our princes cannot part with : and privileges that are not such : and two of which former sort of privileges , and which are parts of the fundamental laws of the kingdom , i account we are expresly in the promissory clause of that oath sworn to defend , and assist , namely of the lineal succession to the crown , and of the king's prerogative ; and of which prerogative we have this description in blount's law-dictionary , that the prerogative of the king is generally that power , preheminence , or privilege which the king hath over and above other persons , and above the ordinary course of the law , in the right of his crown : and then adds , potest rex ei , lege suae dignitatis , condonare si velit , etiam mortem promeritam . ll. edw. confess . cap. . and then saith , that spelman calls it the l●…x regiae dignitatis . the author of the law-dictionary had there his eye on the law of edward the confessor , where under the title of misericordia regis & pardonatio , it is declared , that si quispiam forisfactus ( which the margin interprets rei capitalis reus ) poposcerit regiam misericordiam pro forisfacto suo , timidus mortis vel membrorum perdendorum , potest rex ei , lege suae dignitatis , condonare si velit , etiam mortem promeritam ; ipse tamen malefactor rectum faciat in ●…quantumcunque poterit quibus forisfecit , & tradat fidejussores de pace & legalitate tenenda , si vero fidejussores defecerint exula bitur à patria . and i remember there is a famous act relating to the old privileges and prerogatives of the crown and to their resumption by the crown , viz. the act of . h. . c. . call'd , the recontinuing of certain liberties taken from the crown ; and it begins with saying , that whereas divers of the most ancient prerogatives and authorities of iustice appertaining to the imperial crown of this realm have been severed and taken from the same by sundry gifts of the king 's most noble progenitors , to the great diminution and detriment of the royal estate of the same , and to the hinderance and great delay of iustice ; and thereupon saith , for reformation whereof be it enacted by authority of this present parliament that no person or persons , &c. shall have any power or authority to pardon or remit any treasons , murders , man-slaughters , or any kinds of felonies , nor any accessaries to any treasons , murders , &c. or any out-laries , for any such offences aforesaid , committed , perpetrated , done , or hereafter to be committed , done , or divulged by or against any person in any part of this realm , &c. but that the king's highness , his heirs , and successors , shall have the whole and sole power and authority thereof , united and knit to the imperial crown of this realm ; as of good right and equity it appertaineth , &c. and then orders all writs in a county palatine to be made in the king's name , &c. that statute doth give you a prospect of great variety and use in order to the settlement of your thoughts about some things in your oath . you there see the natural recourse of the royal rivers of prerogative to the ocean from whence they came ; and when you there find that the crown could communicate to subjects the exercise of the prerogative of pardoning murder , however restrain'd by act of parliament , and all the dreadful disabilities incurr'd by out-laries for felony and treason , you are not to wonder at any ones telling you , that the king himself hath the privilege of pardoning a disability incurr'd by law for heterodoxy in religion : and especially when you shall see the whole and sole power of pardoning the same united and knit to the imperial crown of this realm , as of good right and equitt appertaineth . and according to those words in your oath about your defending all the rights and privileges united and annex●…d to the imperial crown of this realm , you are to defend that great royal power of pardoning , and which our ancestors in harry the th's time thought so essential to publick justice . and therefore you will still do well to remember that your sworn defence and assistance of all the privileges and preheminences of the crown doth more particularly bind you in the case of these fundamental ones to put no hardship on our princes , nor yet to use any softness of allurements to tempt them to renounce them . the countryman , who being by his physician prescribed some grains of laudanum , and desiring a greater quantity of the apothecary , and saying , shall i have no more for my money ? and whereby he would have been poyson'd , was not less sagacious then such senators who by subsidies would engage any prince to part with so much of his prerogative as would destroy the body politick . alas ; as for several uncontroverted rights of the crown of an inferiour nature , as our princes have been ready enough in all ages to part with them for the good of their people , and their own promoted thereby , and have had grateful returns from their parliaments by subsidies on such an account , so none need fear but that in all future times succeeding monarchs will that way be as indulgent as the former ones were ; and that as solomon saith , the king himself is served by the field , and the plough having here variously supported the throne , and particularly by the robust infantry it hath yielded to serve the crown in arms ; the keeping up of the spirits of our yeomen ( and likewise of those who plough'd the sea ) by the liberty our laws allow'd them , and the crowns being no gravamen to the body of the people , and only to the royal heads that wore it , was and will be always necessary in order to the keeping up the being of the nation . there is therefore scope and encouragement enough in england for a man who is a candidate for a patriot's place , to carry it by being a consessor of unmercenary loyalty , and arriving at honour , or the consentiens laus bonorum by being a loyal patriot : and there is as good popular air for any one to feed on who will assert the just liberties and privileges of the english subjects as any greece or rome afforded : and there was no need for any one to move for a statue for the hero who promoted that old act against old concealments in king iames the first 's time , or the late one for the habeas corpus ; for such an one must find his monument in the hearts of all the subjects of england . nor was there ever prince more cordially and passionately concern'd for the liberties of the people of england then the royal martyr : and who fell reverâ as their martyr according to his words on the scaffold , and where he said , if i would have given way to an arbitrary power , to have all laws changed according to the power of the sword , i needed not to have come here . his style could not there recede from that of his printed declarations , and in one of which , for example that in . he thus mentions his hopes , viz. that god will yet make us a great and a glorious king over a free and a happy people . a. if you had not thus coupled the loyal man and the patriot together in your discourse , i should have ask'd you whether you would have men throw up the many good laws that the parliament of obtain'd for the ease of the people by partly importuning the king ? b. i assure you , i shall never give you or any one else cause to think that i have not a high value for some of those laws : and do now shew you my value of them , by telling you that i do not look on them as the off-spring of any factious importunity , but as the just and natural issue of the goodness of our prince : and you will find they were so , if you consult the declaration i last cited , and where his never to be forgotten words are , viz. that as we have not refused to pass any bill presented to us by our parliament for redress of those grievances mentioned in the remonstrance so we have not had a greater motive for the passing those laws then our own resolution ( grounded upon our observation , and understanding the state of our kingdom ) to have freed our subjects for the future from those pressures which were grievous to them if those laws had not been propounded . which therefore we shall as inviolably maintain , as we look to have our own rights preserved &c. , , and in his declaration of august . . he saith , would men enjoy the laws they were born to , the liberty and property which makes the subjection of this nation famous and honourable , with all neighbouring kingdoms ? we have done our part to make a wall of brass for the perpetual defence of them , while these ill men usurp a power to undermine that wall , and to shake foundations which cannot be pulled down , but to the confusion of law , liberty , property , and the very life and being of our subjects . a. you have named then two fundamental privileges or rights of the crown , which by the oath of supremacy we are bound always to assist and defend . and i am to tell you frankly and without going to hide my transgression , as did adam ; that though i have often and in several capacities took that oath , yet on the very day i last took it , and while the very echo of those words , so help me god , was audible in the air of my mind , and before the ink was quite dry that recorded my oath , i without considering that as 't is the privilege of our prince that his heirs by the right of the crown should succeed him , so it is the great privilege of those heirs to succeed ; i was yet so far from assisting and defending that privilege , that i immediately endeavoured to subvert the same , and tho my prince's mind was notify'd to me for my not so doing . nay , further to make you my confessor , i was so far gone in a lethargick carelessness of my oath , that when i saw the excluding the title of the lawful successor was not likely to pass into a law , i was tempted to endeavour by expedients , as if i had took an oath and no oath , to make him a king and no king. and god having given me space to repent of my past incogitancy in relation to that oath , it being now brought before me in the course of providence to assist and defend another of the preheminences which my prince tells me is granted and belonging to the crown , and which you have mention'd as his prerogative above the ordinary course of the law , in the right of his crown , and that he first made use of an emergent necessity , i will through the divine assistance use all the means i can both of serious sedate and unprejudicate consideration , and of the consilium peritorum , and discourse and communication with others whom in meekness and lowliness of mind . i am obliged to esteem better then my self , to fix my own iudgment of discretion in this matter : and will not deny to assist and defend this preheminence of my prince in particular without being morally certain that it is not granted or belongs not to him , and will take the best care i can to effect that by any that by any lachesse or omission of the great duty of consideration , i may give no man occasion again to exercise his charity in not pronouncing me to be formally perjured ; and that after my prince hath pardon'd me my attempted excluding him from the throne , i may not endeavour the disabling him from any one of his rights while he is on it ( for so the style of the exclusion ▪ bill ran , and it might have been as well call'd the disabling bill , according to the words there , shall be excluded and disabled , and is hereby excluded and disabled , &c. from all titles , rights , prerogatives , &c. ) and rights that i have sworn to defend . the lord chief justice vaughan , ( who was a man of the first-rate talents , if you consider both his natural and acquired parts ) doth yet in thomas and sorrell's case in his reports call the king's power of dispensing , dark learning , and saith it seem'd so to him , tho after so many arguments in the case . and as that great man found it dark , so i think he left it such in some measure , however yet so many daring sciolists ( and who never look'd on a law-book in their lives ) will pretend to o●…niscience in the matter , and perhaps out of a vain jealousie of the king's omnipotence being thereby asserted . but i know your thoughts have travail'd far in this dark learning , and wherein you confess'd to me once , that you had receiv'd some illumination from that iudge's argument , and as likewise you had from a manuscript report of that case of thomas and sorrell , containing an account of the things urged by the other iudges , and by the councel concern'd in that case , and which are not mention'd in sir i. vaughan's report of it , and where he relates little but his own argument . he was a fair reasoner and frank discourser on all occasions , and not byassed by any mercenary humour : and according to that candour you have often commended in him , and which i have likewise experimented in your self , let me now again make use of it in your imparting to me your thoughts in order to the directing and setling of mine as to the observance of my oath in this particular . and tho i know we live in a crooked and perverse generation , wherein so many are at the same time decrying both summum jus and persecution , and too all relaxation of the laws ; and their spirits lie like that haven , acts . . toward the southwest and northwest , two opposite points , ( and one would scarce think it possible that mens spirits could be so extremely winding and crooked , and thus opposite to themselves ) and while too they are crying out that any lawful dispensing with the laws establish'd , is contradictio in adjecto : yet that lord chief iustice's report hath shew'd me the legality of the dispensative power in many particulars , so far as to excite in me a desire to know more of it , and to move me to pity the ignorance of my countrymen , who thus cry out of contradictio in adjecto , and not knowing what a dispensation in law means , will fall under that censure of the monk , viz. corrigis magnific●…t & nescis quid significat , and of that adage in erasmus , stultior choraebo , who not being able to reckon in numbers beyond five , would yet undertake to compute the numbers of the waves in the sea , oras i may say in the words of s. paul , desiring to be teachers of the law , understanding neither what they say , nor whereof they affirm : yet i assure you the vogue of the mobile will no more influence my thoughts about the motion of the laws by dispensation , then it would about the motion of the earth , and who would take it very ill if they should be told it moves as fast as a bullet out of a canon , because they do not perceive it . a late great philosopher of our country hath told us , that every day it appeareth more and more that years and days are determin'd by motions of the earth ; and another hath from the diurnal and annual motion of the earth endeavour'd to salve the flows and motions of some seas , illustrating the same by waterin a bowl arising or falling to either side , according to the motions of the vessel : but perhaps should a prince in his writings inculcate the philosophy of the earths motion , the populace would have fears and iealousies of the instability of the foundations of their houses and towns , and of the shaking of their property , and as they have by dispensations , and they would be apt to quote scripture against such motion : nay , tho they should be told that such motion would ennoble the earth by exalting it into heaven ; and too as dispensations may be said to do by conducting those to heaven who believe humane laws obliging the conscience , and yet shall not observe some of them . but as when ever you have heretofore discours'd to me of copernicus and galilaeus , and their hypotheses , you always found me an attentive hearer , you will be sure now much more to find me so while you are speaking of any of my prince's privileges that i am sworn to defend ; for i am now concern'd not to salve phaenomena , but to save my soul by keeping my oath . and in the temper i am in , now my whole soul is overflowed with the sense of my having so lately through incogitancy violated that part of my oath that so plainly obliged me to assist and defend the hereditary monarchy , i shall be as chearfully attentive to you while you acquaint me with any obligations resulting from my oath , as i would be to any one who told me how much i owed another , and at the same time enabled me to pay it . b. i shall be most ready when we meet next ( which i suppose will be very shortly ) to afford you lumen de lumine , in any of the few things i know about this dark learning . in the mean time i shall observe to you on the occasion of your mentioning the lord chief iustice vaughan's report of thomas and sorrell's case , that as it hath through the divine benignity been the frequent method of providence to send into the world unheard of maladies and remedies in the same conjuncture of time , and so likewise to make pestiferous haeresiarchs and learned confessors of the truth contemporary , and further when heaven had made many of the inquisitive curious to thirst after the knowledge of truth in the works of nature , then to bless the world with the discourses and writings of galilaeus , tycho-brahe , my lord bacon , gassend●…s and des cartes , and dr. harvey , who open'd such great springs of real learning as refresh'd that noble thirst ; so it seems before the date of his late majesty's declaration of indulgence in the th year of his reign , and of the act about the test in the th year of it , and both which were likely to produce among the learned so many inquiries into the legality of the dispensative power inherent in the crown ( and even among the unlearned an epidemical disease of talking about the same ) it came to pass in the course of providence , that by as learned iudges as ever sate on the english bench , and as learned councel as ever appear'd at its bar , the learning about the dispensative power was ventilated and discuss'd in a series of several years in the case of thomas and sorrell . for the cause began in the king's bench . car. . and was there argued by some of the great councel of the kingdom , and there again argued on both sides by other councel in michaelmas-term , in the th year of his reign . and in hilary-term in . and . car. . this cause for the weight and difficulty of it was adjourn'd out of the king's-bench into the exchequer chamber , and there argued by others of the greatest councel of the kingdom ; and many law-books quoted . and the case was afterward argued by all the iudges of england at six several days in easter , trinity , michaelmas and hilary terms , viz. by two iudges each day , and the iudges differ'd in several points , and even about the definition or meaning of dispensation . for so that learned chief iustice tells you , and saith , that some of his brothers defined it to be liberatio à poenâ , and others to be provida relaxatio juris , which ( saith he ) is defining an ignotum per ignotius , and liberare à poenâ is the effect of a pardon , not of a dispensation , &c. thus ( as i may say ) there was a circumvallation by the learning which concern'd dispensing , that encompass'd some time preceding that declaration of indulgence in the th year of his reign , and some time following both it and the act of the test. i shall some other time perhaps entertain you with the learned manuscript report of the whole case : but shall now tell you that during that series of years , there was no angry motion in the sea of the populace occasion'd by any thing said in any of the arguments that propp'd up the dispensative power ; no , not by that mention'd in keeble's reports about thomas and sorrell's case to have been said in the exchequer chamber by ellis the king's serjeant ( and whose opinion was as currant for sterling-law as any man 's of the long robe . ) viz. that the king may suspend an act of parliament till next session . and now since it hath thus appear'd out of that chief iustice his report , that at least a sixth part of the sworn iudges of the realm ( as he thought ) were unacquainted with the meaning of dispensing , i think it may pass for a miracle if any great number of the mobile did understand it . but without their troubling their heads with law-books , if they would but mind their english bibles , and there consult the th of s. mathew , they would soon forbear calling the lawful dispensing with the laws establish'd a contradiction . our learned ames on the priests in the temple prophaning the sabbath and being blameless , observes very well in his cases of conscience , . . c. . that praecepta deiex suâ naturâ nunquam ita concurrent , at necesse sit alterum eorum propriè violare per peccatum . quum enim praeceptum aliquod minus negligendum est , ut majus observetur , minus illud cessat pro illo tempore obligare ( that is to say , is dispens'd with ) ita ut qui ex tali occasione illud negligunt , sint planè inculpabiles , id est non peccent . matth. . , . and as to that in the chapter of david's entring into the house of god and eating the shew-bread , which was not lawful for him to eat , &c. the lord bishop of london in his second letter to his clergy , printed a. . in the paragraph about the half communion , occasionally thus observes with great judgment , that a positive command of god cannot be disobey'd without guilt , unless on some one or more of these grounds , either , . that god dispenses with it as he did with circumcision in the wilderness . or , . that some evil greater then the consequence of the non-performance of it will certainly follow : as when david ate the shew-bread and they that were with him : which depends on that rule of our saviour , which tho apply'd to the sabbath , yet extends to all other positive commands , that man was not made for them , but they for man : or lastly , in case of incapacity , as the children of israels not going up to ierusalem in the time of captivity . and there are other words in a foregoing chapter of s. matthew that are still applicable to the pharisaical ignorance of such as reproach dispensing as unlawful , go and learn what that means , i will have mercy and not sacrifice . but according to the example of our blessed lord in having compassion on the multitude , i think you have taken a just occasion for the pitying so many of your countrymen who in the present conjuncture presume to exercise themselves in great matters , or in things too high for them relating to law and state , and who without enquiring about the modus of dispensing with the laws establish'd , wherein lawyers differ , cry down the thing it self wholly and absolutely as a contradiction to the lex terrae , and in which not being so all lawyers agree . my lord primate bramhal in his book of a fair warning to take heed of the scottish discipline , shewing in chap. . ( that i have before referred to ) that it robs the king of his dispensative power , doth wish any one averse to that power no greater censure then that the penal laws might be duly executed on him till he recant his error . and how penal a thing by the laws of nations , it is to alienate the hearts of people from the prince's government , all the great writers of those laws , and of the iura majestatis have enough shewn . moreover how criminal , a thing of that nature is in the court of conscience , our two great writers of it , ames and sanderson have enough taught us . the moral offices of subjects toward their princes are well set forth in ames his cases of conscience , . . c. . and where he saith . debent ex singulari reverentiâ cavere , ne temerarium judicium ferant de ipsorum administrationes exod. . . eccles. . . pet. . . jud. . fundamentum hujus cautionis est , . candor ille qui cum erga omnes debet adhiberi , tum singulariter erga superiores . . difficultas explorandi fontes & causas negotiorum publicorum . . moderatio illa quâ leves infirmitates & offensiones tolerare debemus , & communi tranquillitati condonare . and bishop sanderson in his th sermon , ad aulam , shewing the inconvenience of rashly judging things to be unlawful , observes how thereby mens affections are ali●…nated from one another : and saith he , our own deceitful hearts must needs tell us , how hardly we think of those men who do those things , we think unlawful : as for example , if we think dressing of meat and using any recreations to be profanatious of the lord's-day , we must needs judg those men who do so use them , to be prophaners of the lord's-day ; and he further observes , that governours thereby come to be robbed of a great deal of that honour that is due to them from their people , both in their affections and subjection : and saith , if we have in our thoughts prejudged any of the things commanded by the magistrate to be unlawful , our hearts will be sowred toward our governours , and men will directly , or indirectly and obliquely speak evil of them , &c. mr. hobb's writing of the passions , observes well , that the passion whose violence or continuance maketh madness , is either great vain glory , which is commonly called pride and self-conceit , or great dejection of mind , and that excessive opinion of a man 's own self for divine inspiration , for wisdom , learning , form and the like becomes distraction and giddiness : the same joyn'd with envy , rage , vehement opinion of the truth of any thing contradicted by others , rage , &c. and if the excesses be madness , there is no doubt but the passions themselves when they tend to evil are degrees of the same . and therefore when we see so many mechanical persons , as to the point of dispensation in general , not allowing their own rule of cuilibet in suâ arte credendum , so many men and women , and such whom the law terms infants , so rude in the knowledge of the law , and yet so transported with pride and self-conceit , and such an excessive opinion of themselves for wisdom and knowledge , and for being inspired with new light in this dark learning , none need wish them greater punishment then such their distemper ; adding thereunto the pharisaical humour they have been so much abandon'd to , namely , of their own dispensing with moral and eternal duties , and such as i have referr'd to in ames and sanderson , and things in their own nature indispensable , and which are the weightier matters of the law , while they cry out of the dispensing with positive rites and institutions as illegal . a. there is another punishment too that i think we may well agree to leave them to , and that is what grotius cite , out of plato , viz. poena errantis est doceri , but we must submit that to time ; and when god pleaseth , the heart of the rash shall understand knowledge . and in the mean while , to the noyse of such people who wilfully shut their eyes , we will stop our ears . you may well suppose me , who have read that report of sir i. vaughan , lawyer enough to assert and defend according to my oath the regal privilege of the dispensative power in general : but as to the modus of it , and whether according to the lex terrae the crown can dispense with incapacity incurred by act of parliament , i am yet to learn : and am so solicitous to find out the truth therein , that i shall be glad if at our next meeting you will take the shortest way to my satisfaction therein , tho it may perhaps occasion your for a while striking out of the road of the former discourse we were in . b. you know we had made some entrance into the consideration of the promissory part of the oath , and of the dispensative power , as promised to be assisted and defended , and as a privilege inherent in the crown . but since you will have me take the shortest way i can out of the words in your oath , to satisfy you about the dispensing with such incapacity as you have mentioned , i must in compliance with your desire refer you to the assertory part of the oath , when we meet again . to the right honorable the lord marquess of powys , one of the lords of his majesty's most honorable privy-council . my lord , i having in p. , , . of the following second part occasionally dilated on the common place or notion of heaven having so often made so much use of the weight of one man in the balance of government , i esteem'd my dedicating this part of my work to your lordship but common iustice to your character , who have been the happy instrument of god and the king in making so many englishmen happy . my lord , it is but natural when the just are in authority , for the people to rejoice ( as solomon tells us ) and for them likewise to anticipate the honours of the prince's affording to a person heroically just , by wishing them . and this is most properly applicable to your lordship ; and that in your case may be said what pliny in his panegyric mentions of nerva's adopting trajan , that it was impossible it should have pleas'd all when it was done , except it had pleas'd all before it was done . my lord , it was nature that prompted them to presage with pleasure the profit that would come to them from the accessions of honour to you , and whereby they knew that the height of your power would be naturally productive of blessings to them as the height of hills and mountains is of springs for the benefit of the lower earth , and of those who inhabit it , and which are found wanting in countrys where there are no hills . and the ancient placing of the statues of magistrates by fountains , may be supposed to have been an indication of the peoples valuing them as the causers of what did console and refresh them . my lord , when i consider how much your lordship and other just persons of the roman-catholick communion have in the performance of the moral offices of natural obedience to your prince obliged so many of his subjects by your being helpful to them against oppressions in their estates and consciences , i hope i shall not appear too sanguine in my conjecture of any ferment soon naturally ceasing about the exercise of the dispensative power being a gravamen to property . my lord , i shall in the former of the two remaining parts of this my work ( and which are both ready for the press ) entertain your lordship with such a farther assertion of those offices of that obedience call'd natural , as i believe will give no offence to any zealot , or patriot , and as i have hitherto took care to give none to either : for tho i think it not deniable that our princes may by their laws limit the exercise of that allegiance or obedience , with respect to circumstances , yet as no humane laws can legitimate the entire withdrawing of any part of the obedience enjoin'd by the divine law natural or positive , so how our lex ●…rrae hath not limited the exercise of the regal power from the dispensing with disability , as in the case now so much agitated , i have shewn , and shall further . but i conceive it here necessary for me to acquaint your lordship that i have been often put to it as speaking cum vulgo & grosso modo , and for brevity's sake to use the aforesaid expression of dispensing with disability , and with disability incurr'd by act of parliament , that is , with what is generally enacted to be incurr'd , and seems to be alike incurr'd by all persons who perform not what the act enjoins ; and which dispensing with disability is frequently used in popular discourse for the pardoning it , and for the liberatio à poenâ , and as the lord chief iustice vaughan's report by me so much cited mentions dispensing to have been defined by some of the iudges . but to a judgment so vastly comprehensive and profoundly penetrating as your lordships , the dispensing with disability must easily appear to be properly meant of the preventing it , and the dispensing with what might cause it ( according to the style of queen elizabeth's letters patents ) or effect the actual incurring of what will reverâ be incurr'd by the persons not exempted by dispensation from the doing what the law enjoins : and which will be made to appear obvious to every man's understanding in one of the following parts , and wherein i shall have occasion to speak less cum vulgo and more closely and accurately of the nature of dispensing , and of its effects in either forum , then yet i have had . and now having named that great queen , i shall not doubt but since the members of the church of england do now under our most puissant and most just monarch find themselves as secure in the profession of the religion by law establish'd as they did in her great and glorious reign , it will upon recollection of thought appear as natural to them to hold themselves obliged to shew the same tenderness for every branch of prerogative , and particularly for that of the dispensative power , that was then so remarkable in parliament , and throughout the realm . my lord , your lordship 's most obedient servant , p. p. part ii. b. i again bid you welcome , and am ready to go on where we last left off , and do not in the least doubt of your welcoming any thing i can say to you that may import you to know in order to your sworn assistance and defence of every privilege belonging to the crown . and i shall frankly tell you , that you and other protestants who in a late conjuncture did shew a more then ordinary zeal against popery or papal usurpations , ought to consider that you have thereby put your selves under an especial obligation of tenderness ●…for all the rights of your prince , and of hating all popular usurpations or diminutions thereof , with an exemplary and most perfect hatred , and of thereby avoiding the being judged hypocrites and factious . a. i do herein most fully agree with you : and that the late zeal of the same persons against papal usurpations , and for popular ones was a scandal to the age. i remember you once observ'd to me , how tender the protestants in the times of queen elizabeth and king iames the first , were of every right and privilege of the crown with the most perfect tenderness , while the attaques from the court of rome against those princes had made the highest ferment in the minds of the populace . but i think there never was any conjuncture of time here , when so many of the declaimers against popery , and so many of the fautors of plot-witnesses were so much at the same time for a plot and no plot , and for a king and no king ; that is to say , did so much make a stalking-horse of popery , whereby to strike at prerogative . b. but you know that the talk of plots and popery was before apply'd to that use . you know archbishop laud in his star-chamber speech ▪ a . mentions it p. . as the scope of the libellers of the faction to kindle a jealousy in mens minds , that there were some great plots in hand to change the religion established , and to bring in ( i know not what ) romish superstition . and the history of those times sheweth you how the men that cry'd up plots then did decry prerogative . and in the conjuncture of . the famous protestation of may the th that year , begins with out-cries of designs of popish priests and iesuits and other papists and their plots and conspiracies , and the preface of the covenant runs on in the style of ●…loody plots and conspiracies : but you likewise know the dismal state of prerogative in those times then occasion'd by raising of those false alarms of plots . and i may account it as a beneficial providence to the age , that shortly after our last plot-epoche , m r. hobbs his history of the civil-wars coming first out in print through the license of the press ( and having been reserved to the detecting then the artifices of the demagogues that produced the usurpations between the years . and . ) the book notwithstanding all the prejudice against the author ( whether just or unjust ) being writ with so much strength and beauty of wit , as to make it fly like lightning round the kingdom in so many impressions , did then prove to many ingenious and thinking men an effectual antidote against the poysons of those old artifices then again scatter'din the press , being so destructive to loyalty as heretofore . sir iohn davis in his report of the case of praemunire hil. . iacobi doth but right to the loyalty of roman catholicks and to the genius of the people of england when he saith there , that the commons of england may be an example to all other subjects in the world , in this , that they have ever been tender and sensible of the wrongs and dishonours offer'd to their kings , and have ever contended to upheld and maintain their honour and soveraignty . and their faith and loyalty hath been generally such ( tho every age hath brought forth some particular m●…nsters of disloyal●…y ) as no pretence of zeal of religion could ever withdraw the greater part of the subjects of submit themselves to a foreign yoke ; no , not when popery was in its height and exaltation . it is therefore no marvel that toward the latter end of the reign of the late king , the very mobile who had been so zealous against papal usurpations , and so fiery in charging all papists with disloyalty , did upon their discovery of the artifices of republican deluders to put an inglorious domestic yoke on the monarchy , then think themselves obliged by the universality of their loyal addresses to shew the more extraordinary zeal against any popular usurpations . and so i account it but natural to you who are made è meliore luto , to be ready to shew your most consummate zeal for every privilege of the crown . a. it is not possible for any man to wish me more sensible of my obligation in this point then i really am : and the rather for that i find so many mens loyalty to be but a kind of loud noisy nothing , or a metaphysical universale , however they may ●…ansie it to be a real being : but what i know cannot exist a part from the particular rights and privileges belonging to the crown being assisted and defended , and from a serious endeavour to understand the truth about their belonging to it . and my solicitousness to find out which in the shortest way possible and particularly as to the privilege of discharging incapacity or disability incurr'd by act of parliament , ( as i told you at our last meeting ) engaged me to divert you out of the course of your method , and whereupon you told me you would refer my thoughts to the assertory part of the oath . b. well : what ever damps i may see on english mens loyalty , or degeneracy from its nature by the arts of faction a while perverting them not to assist and defend this or that privilege of the crown , i shall never despair of their coming again to themselves : and that tho as in a vessel of water and oyl , while any one is shaking it , the water may over-top the oyl , so likewise in their minds while shaken and stirred by demagogues the oyl of the lord 's anointed is not there uppermost ; yet that through its own nature , and through the english good nature and their natural addiction to religion , it will in time naturally appear to be so . and now to go on without further prefacing on either side , what if i should tell you that it imports you to consider , that in in the assertory part of the oath of supremacy , you have declared and asserted that authority , as due to the king that was challenged and used by king henry the th and edward the th , that is , that the king under god , hath the soveraignty and rule over all manner of persons born within these his realms of what estate either ecclesiastical or temporal so ever , so as no other foreign power , shall or ought to have any superiority over them ? a. i would then tell you , that you have mentioned some things to be in this oath , that i remember not to be there . b. i grant that i mention'd to you somethings that are not express'd in the oath , and in the form of it as it is administred , and was enacted eliz. c. . and by which act the refusers of such oath are punish'd with disability to bear office. but in the same year in which that act pass'd , queen elizabeth in an admonition annext to her injunctions , thought fit to exercise her royal authority of the interpretation or declaration of the sense of that oath enjoyn'd by act of parliament ; and in that admonition you will find those words that you remember not in the oath you took : as likewise her acquittal of all persons from all manner of penalties , and consequently of disability , who took the oath according to the sense of it publish'd in her interpretation . and if you consult the act , you will see that the disabilities inflicted in the act on the refusers of the oath are various . and thus then you see , that as soon as you have done taking the oath , you are immediately call'd on by your conscience to defend the privilege and preeminence of your prince , viz. of interpreting his laws , and of discharging the disabilities thereby inflicted . a. i now remember that i have read that admonition of the queens ; but i account proclamations , injunctions , and admonitions of princes to be but temporary laws , and that therefore this interpretation of the queen's and her discharging of disabilities expired with her reign . b. to obviate such thought , i shall tell you that in the act of the th of queen elizabeth , c. . and by which the refusal of the oath of supremacy is punish'd more severely then by the before-mention'd disability , viz. by proemunire for the first refusal , and by making it treason for some persons to refuse it a second time ( but penalties that none ever doubted but the crown might by its pardon discharge ) there is a proviso that the oath ( viz. of supremacy ) expressed in the said act made in the said first year , shall be takeu and expounded in such form as is set forth in an admonition annexd to the queens majesties injunctions publish'd in the first year of her reign , that is to say to confess and acknowledge in her majesty , her heirs and successors , none other authority then was challenged , and lately used by the noble king henry the eighth , and king edward the sixth , as in the said admonition may more plainly appear . and this too lets you see that the parliament by thus referring to the queen's admonition did approve of her power therein exercised , and of her having acquitted her subjects from the punishment of disability . a. i must then , i see , fairly grant you that by that parliament's having thus perpetuated the interpretation of the oath of supremacy contain'd in queen elizabeth ' s admonition , i am bound in conscience to take it in that sense , and am perjured if i do not so keep that oath ; and must likewise grant that you have shewn how auspicious that oath by the queens interpreting the same , and the parliament about five years after approving that interpretation , was to the assertion of such her power ; and that if any taker of the oath should gain-say such power , you have prepared such a confutation in the case as was used to the old philosopher who disputed against motion , and whom his adversary confuted by removing him from his place . but as you are a fair arguer , i am to take leave to tell you , that that parliament , tho they approved the queen's admonition in general , did not particularly shew their approbation of the queen's power of dispensing with the penalties that she exercised in that admonition . b. they did sufficiently shew their approbation of the whole ; and therefore you need not question their approving of its parts . but because you seem to lay some stress on that parliament's not expresly approving in terminis the queen 's power of discharging the penalties ( and one of which by the act of o elizabethoe was disability ) i shall tell you that whereas queen elizabeth had thought it expedient for the supporting of the consecration of the bishops of the church of england to dispense with whatever might cause disability , according to her supream authority , by her letters patents , the very same parliament at their next session did o elizabethoe , c. . in terminis terminantibus declare their approbations of the queens dispensing with disability by those letters patents : for it having been in that statute mention'd , that for the avoiding of all ambiguities and questions that might be objected against the lawful confirmations , investings and consecrations of the said archbishops and bishops , her highness in her letters patents under the great seal of england , &c. hath used and put in her said letters patents divers other general words and sentences , whereby her highness by her supreme power and authority hath dispens'd with all causes or doubts of any imperfection or disability that can or may in any wise be objected against the same , &c. it follows , that all acts and things heretofore had , made or done by any person about any consecration , confirmation or investing of any person elected to the office or dignity of any archbishop or bishop , &c. by uirtue of the queens majesty's letters patents or commission , &c. be and shall be by authority of this present parliament declared , judged and deemed at and from every of the several times of the doing thereof good and perfect to all respects and purposes : any matter or thing that can or may be objected to the contrary thereof in any wise notwithstanding . sir e. cook in the th part of his iustitutes . c. . viz. of ecclesiastical courts , takes notice how our adversaries had made objections against our archbishops and bishops consecrated about the beginning of the reign of queen eliz. and consequently against the bishops ever since : that they were never consecrated according to law , because they had not three bishops at least at their consecration , and never a bishop at all , as was pretended , because they being bishops in the reign of edward the th were deprived in the reign of queen mary , and were not ( as was pretended ) restored before their presence at the consecration . these pretences being but cavils are answer'd by the statute of o eliz. c. . and provision made by authority of that parliament , for the establishing of archbishops and bishops , both in proesenti and in futuro in their bishopricks . but mason in his d book c. th . de ministerio anglicano , in his answering the objection , hath recourse to the queens patents referr'd to by the statute of o eliz. and having mention'd the queen's dispensing by her supreme authority cum quavis causâ aut suspicione c●…jusvis defectus , aut inabilitatis quoe quovis modo contra eorum consecrationem obtendi poterat , he saith , verba in diplomate regio sic se habent , supplentes nihilominus suprema authoritate nostra regia ex mero motu & certa scientia nostris , si quid in hiis quae juxta mandatum nostrum per vos fient , aut in vobis aut vestrum aliquo , conditione , statu , aut facultate vestris ad praemissa perficienda desit , aut deerit , eorum quae per statuta hujus regni , aut per leges ecclesiasticas in hac parte requiruntur , aut necessaria sunt , temporis ratione aut rerum necessitate sic postulante : and then adds , unde serenissima regina ut omnem calumniandi ansam proecidere , ipsique invidioeos obstruere posset , &c. dispensare dignata est , siquid forte lynceis oculis invidia , alicujus statuti vel canonis violati proetextu possit obtendere . and then having brought in his popish opponents objection , hem quid audio ? vos p●…ntificis maximi dispensationes dente canino soletis arrodere , & jam nihil pudet in actis parliamentariis laicali magistratui , reginoe , foeminoe dispensandi facultatem transcribere ? dispensandi inquam cum quavis causâ aut suspicione ullius defectus aut inabilitatis , quoe incidere poterant , idque in sacris ordinibus , he makes this reply , viz. papa aliquando dispensat nimium papaliter , sed non perinde elizabetha . suas tantum leges relaxavit : cum transgressionibus contra leges suas dispensavit . quod deus fixit nunquam refigere , aut rescindere est molita . and there afterward to the objection ; si dicatur reginam sufficientem dispensandi cum illis potestatem habuisse , proferatur aliquod illius potestatis fundamentum , ●…i non ex scripturâ sacrâ , saltem ex conciliis aut patribus , aut uno aliquo approbato exemplo , in toto mille & quingentorum annorum curricu●…o , the reply is , nonne principis est legum suarum r●…gorem res ubi postulat emollire ? non magno opinor opus est m●…limine ad hoc probandum : and as to what was objected against a prince's dispensing with an ecclesiastical canon , he saith , canonum ( quatenus sunt leges principis ecclesiasticoe ) summum jus , rigorem , & duritiem moderari spectat ad officium principis . and then he judiciously confutes sanders his reproaching our bishops in his book of schism , with the term of parliamentarii episcopi , and he referrs to the words in the statute of o eliz. that i have mention'd to you , and saith of them , omnino liquido ostendunt comitia parliamentaria non consecrasse , ordinasse , vel constituisse episcopos aut ministros , sed jam secundum leges ecclesioe legitime consecra●…os , & ritè ordinatos , ac constitutos , pro talibus habendos esse declarasse , &c. and so i doubt not but you mind the words in that act relating to the queen's letters patents , viz. shall be by authority of the parliament ( not made good , for they were so before , but ) declared , judged and deem'd good . a. i apprehend you . b. but to return to the consideration of what you are on the whole matter obliged to by virtue of the oath of supremacy in the case now before you : and herein i find that by virtue of the queens interpretation of that oath , and the parliaments approbation thereof , that when in the assertory part of the oath you do utterly testify and declare in your conscience that the king's highness is the only supreme governor of this realm as well in all spiritual or ecclesiastical things or causes as temporal , you have as in the presence of god solemnly given your cordial assent to , and made your most religious acknowledgment that the sole supreme government or soveraignty and rule under god over all manner of persons born within these realms , is in the king ; and you are obliged to judge that tho the oath speaks of all spiritual or ecclesiastical things or causes , and the interpretation of all manner of persons of what estate either ecclesiastical or temporal soever they be , yet there is no inconsistence between the oath and the interpretation , for that as a learned man in his comment on that oath hath well observ'd , there is no opposition between these two , persons and causes ; the principal object of a law is a person , and a person with respect to his actions , a person morally consider'd ; and he there quotes suarez de legibus , l. . c. . saying , ad leges per se requiritur potestas in personam , secundario in res alias : and for that the assertory clause in the oath declaring the king the only supreme governor of this realm , doth necessarily imply his being the only supreme governor of all persons in it . a. but perhaps you did not take notice that probably one reason why queen elizabeth was willing that her interpretation that related to the assertory part of the oath , i mean as to her power over all the persons of her subjects , and which was publish'd in the admonition after her injunctions , should in the aforesaid act in the th year of her reign be approved in parliament , might be to satisfie the scrupulousness of some mens tender consciences , and who might thereby think that according to the rule of ejus est interpretari cujus est condere , that the oath of supremacy enjoyn'd by parliament o elizabethoe could not receive an interpretation but from the queen in parliament , and that that consideration might therefore be supposed to be the cause of the queens interpreting , being approved or declared good by the parliament in the fifth year of her reign . b. i shall tell you that as to the sufficiency of the queen's power to interpret the oath by her sole authority , it appears not that the proviso in the statute of eliz. did in the least arise from any such scruple , and so de non apparentibus , &c. and here without troubling you with the notions of the royal assent creating the soul of the law , and by the words of le roy le veult ▪ after the body of it hath been prepared by the three estates and that the three estates have nothing to do to interpret a law that is once made , and accordingly as sir c. hatton , formerly lord chancellor of england , in his treatise of acts of parliament and their exposition , tells us , that the assembly of parliament being ended , functi sunt officio , and speaking particularly of those of the lower house , saith their authority is return'd to the electors so clearly , that if they were all together assembled again for interpretation by a voluntary meeting , eorum non esset interpretari , &c. i shall once for all observe to you , that our monarchs when in the exercise of the prerogative inherent in them , and inseparable from them , relating to matters of peace and war , the coining of money , or the dispensing in matters civil or ecclesiastical , they condescend to have the same in particular ●…ases approved or strength●…n'd by parliament , are no more deprived of their sole supremacy therein , then the body of the sun is devested of its heat and light by diffusing the same through the air. but i have before observ'd to you , that the apparent cause in the proviso of o elizabethoe , whereby the queens interpretation is enacted , is the better to transmit the obligatoriness of the interpretation in point of conscience beyond her life , and to the reigns of her heirs and successors , and to bind us who live now to acknowledge such power due to our present king over the persons of all his subjects , as was in her interpretation challenged to be due to harry the eighth and edward the sixth . i shall not trouble you with my judgment about moot-points of law relating to the regal power of interpreting acts of parliament , and particularly such wherein oaths are founded . my lord coke , inst. . c. . tells us , that an oath cannot be ministred to any , unless the same be allow'd by the common law , or by some act of parliament : neither can any oath allow'd by the common-law , or by act of parliament , be alter'd but by act of parliament : and saith in the margin , so resolv'd , an. . el. in the case of the under-sheriff . and then saith the oath of the king 's privy councel , the iustices , the sheriffs , &c. was thought fit to be alter'd and enlarged , but that was done by authority of parliament . for further proof whereof see the statutes here quoted ( i. e. those referr'd to in his margin ) and it shall evidently appear that no old oath can be alter'd or new oath rais'd without an act of parliament . i have only here referr'd you to matters of fact in the reign of queen elizabeth , a reign that the royal martyr in p. . of his declaration to all his loving subjects of aug. . . refers to with so much honour by saying , we declared our resolution , &c. and desired that whatsoever mistaking had grown in the government either of church or state might be removed , and all things reduced to the order of the time ( the memory whereof is justly precious to this nation ) of queen elizabeth , &c. and do leave it to you to consider how great the power of interpretation of laws is in it self ; a power almost infinitely greater then the discharging either the obligations of some penal laws or their penalties pro hic & nu c , and as to some particular persons , as any one will grant who hath seen the extent of the power of interpreting in the canon law , where the glossa ad cap. statuimus . distinct. . gives us this interpretation of statuimus : statuimus ( i. e. ) abrogamus . and i can for this purpose t●…ll you , that bartol●…s in his tractatus testimoniorum speaking of the imperial power concedendi veniam oetatis , saith carolus quar●…us sanctissimus & nebilissimus imperator inter 〈◊〉 mult●… concessit , ut ego meique descendentes quos legibús d●…los esse contigerit , per un versum imperium oetatis ven●…am concedere vale●…mus , servatā formā quoe legibus reperitur ins●…rta ; and whereby you see that a power of dispensing with incapaci●…y , was by the prince given as an inheritance . but none can imagine that the power of interpreting laws can be so conferr'd : so that therefore according to the rule of law , non debet cui plus licet , quōd minus est non licere , you ne●…d not w●…nder at the prince's dispensing with incapacity in particular cases , whom you have seen interpreting laws . and you may consider that if the queen did contrary to the measures of law referr'd to in my lord coke , by her sole supream ecclesiastical authority , seem to alter the interpretation of a stature oath for the better , what she did found afterward its approbation in parliament : and in fine ; i leave it to you to consider how much the power of dispensing with any law may be thought coincident with interpreting , since as i shall some other time shew you at large that the dispensing with laws , is in effect the equitable interpreting that in such and such cases and circumstances they were not intended , and ought not to bind , but ought to be relax'd . and now i must take the occasion offer'd me to give you a prospect of the queens dispensative power , both of the interpretation of this oath , and of the acquittal from disabilities that is not bounded by the statutes of o or o elizabethoe beforemention'd , and wherein she again stood on the single basis of her own supreme authority ecclesiastical , without having recourse then to a parliaments approbation . mr. ney in his learned observations on the oath of s●…premacy ▪ having spoke of the queens interpretation of the oath in her admonition , and of the parliamentary proviso o eliz. doth thus go on , there is something of explication further ( meaning of the oath ) in the arti●…les of religion concluded in the year , and then recites the th article as followeth , viz. the queens majesty hath the chief power in this realm of england , and other her dominions , unto whom the chief government of 〈◊〉 estates of this realm , whether they be ecclesiastical or civil in all causes doth appertain , and is not nor ought to be subject to any foreign iurisdiction . where we attribute to her majesty the chief government , by which title we understand the minds of some slanderous folks to be offended , we give not to our princes the ministring either of gods word , or of the sacraments , the which thing the injunctions also lately set forth by elizabeth our queen do most plainly testify , but that only prerogative which we see to have been given always to all godly princes in holy scriptures by god himself , that is , that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal , and restrain with the civil sword the stubborn and evil doers . the bishop of rome hath no jurisdiction in the realm of england . the laws of the realm may punish christian men with death , for h●…inous and grievous offences . it is lawful for christian men at the commandment of the magistrate to wear weapons , and serve in the wars . now after the oath of supremacy had been enjoyn'd in the first year of her reign , and the admonition annexed to her injunctions was then likewise publish'd , viz. a. d. . and after the parliament had by proviso 〈◊〉 the interpretation of the oath , ( which parliament began the th of ianuary in the th year of her reign , and from which day all things d●…ne in that session are to bear date ) the articles of religion agreed on by the archbishops and bishops of both provinces , and the whole clergy in the convocation holden at london in the th year of her reign , and a. d. . were by the archbishops and bishops of both provinces subscribed the th of ianuary in that year , and by the clergy of the lower house of convocation on the th of february following , and to all which the queen gave her royal assent . and in the articles there was by the queens royal prerogative an additional interpretation probably at the instance of the clergy given to the interpretation , in the admonition ▪ and in the parliaments proviso : and the which additional interpretation had in it no respect to , nor mention of what , being in several places of the former one , might amuse the clergy with some fears and iealousies , namely the duty , allegiance and bond that were acknowledged due to harry the th and edward the th , and the authority that was challenged and lately used by those princes ; however yet that latter clause is qualify'd in the admonition . but for the th article before-mentioned allowing the measures of the royal supremacy from the prerogatives given by god in scripture to holy princes , whereby our clergy might seem to have brought the prerogative into its own proper element , and theirs too ( the knowledge of the scriptures being their profession ) our clergy no doubt were always thankful to the crowns dispensative power , and so exercised out of parliament : and whereby they were secured from penal disabilities either by suspension or deprivation for not taking the oath in the sense of the admonition . thus as things in their proper place are at rest , the queens dispensative power and the consciences of the clergy by this interpretation of the oath were so much at rest , that about eight or nine years afterward the same articles that had been by the archbishops and bishops and clergy of both provinces agreed on in the year . were by the said archbishops , bishops and clergy again agreed upon , and again ratify'd by the queen in the year . the th year of her reign , and when care was taken by the government that that interpretation being incorporated in the body of the articles should be deem'd good in parliament by the statute of o eliz. c. . as the other interpretation in the admonition had been by the proviso in the act of the th of that queen , and probably for the same reason : and as her dispensing with disability expresly in the th year of her reign was . in the act of the th of eliz. reference was made to those articles as agreed on by the archbishops and clergy and set forth by the queens authority anno . and the act is entituled , reformation of disorders in the ministers of the church , and in which it was enacted , that all such as were to be ordained or permitted to preach or to be instituted into any benefice with cure of souls , should publickly subscribe to the said articles ; which shews ( if you mind it ) that tho the parliament did well allow and approve of the said articles , yet the said book oweth neither conf●…rmation , nor authority to the act of parliament . and that act concerning only clergy-men , tho the interpretation in the th article is left to oblige the clergy , yet that in the admonition might concern you to stick to , if nothing had since happen'd whereby the dispensative power inherent in the crown , may have given your conscience the benefit of the interpretation thus afforded to the clergy . but therefore i shall here tell you , that the canons of king iames the ●…st . anno ▪ being confirmed for him and his heirs and successors are binding now , however it hath been objected as the unhappiness of queen elizabeths canon●… , viz. a. . a. . a. . wanting those formal words of heirs and successors , to expire with her . and as those words are in king iames's canons so are the words of enjoyning their being observ'd , fu●…fill'd and kept not only by the clergy , but by all other persons within this realm as far as lawfully , being members of the church it may concern them : and tho in the first canon there entituled , the king's supremacy over the church of england in causes ecclesiastical to be maintain'd , 't is order'd , that all ecclesiastical persons shall keep and observe , and as much as in them lyeth , all and singular laws and statutes made for the restoring to the crown of this kingdom , its ancient iurisdiction over the state eccl●…siastical , yet in the next canon entitled , impugners of the king's supremacy censur●…d , the measures of the king 's ecclesiastical authority being taken from the godly kings among the iews according to the th of the articles , was an extending to the layety the ben fit of the interpretation obtain'd by the clergy , the which was in effect a judgment of the convocations , that the pursuance of that interpretation of the king 's ecclesiastical power , and the avoiding of the punishment of disability by the use of that power , was not aga●…st the law of the land : but the th canon , viz. impugners of the arti●…les of religion establish'd in the church of england censured , and in which the establishment of the articles is solely referr'd to them , as agreed on in convocation in the year . without any notice of the parliament of the th of eliz. having done any thing about them , doth more clearly secure to you the benefit of the interpretation the clergy had . a. you have mention'd so many things to me relating to the interpretation of the oath of supremacy which i never knew before , that may seem to perplex the conscience of any one who would take it , and to expose it to such a kind of ordeale-purgation per ferrum candens , that may make the passage through it dangerous to ones conscience . b. look you to that who have taken the oath , and do you consider how far you are by the interpretations that i have referr'd you to , obliged to take your measures in the matter that lies now before you , as to your assisting and defending the prerogative of the dispensative power : and i likewise recommend it to you to observe how much to the satisfaction and ease of the minds of the generality his majesty's lay-subjects , he by connivence hath dispens'd with their not troubling themselves to study the duty , bond , or allegian●…e that was acknowledged to be due to henry the th , or edward the th , or the prerogative given by god to godly princes in the scripture , or the christian emperors in the primitive times : for however our divines are by the articles and the canons of king iames , and king charles the first particularly obliged to study these points , and that the knowledge of the same may oblige men of learning and leisure among the layety to conduct their consciences thereby in their observance of this oath , yet his majesty 's not reviving among all his subjects by any proclamation or ecclesiastical injunction or otherwise , the notices of these forgotten things , cannot but be acceptable to the generality of them as a dispensation by connivence . and therefore in complaisance with , and gratitude to him , they are by the law of nature bound to give him what is plainly his due , according to the plain oath tender'd to and taken by them , and to take care that they do not exercise an illegal power of dispensing by way of interpretation of that oath to the subversion of the sense of the assertory and promissory parts of it ; both which are the supporters of the royal dispensative power . but reserving for some other time my thoughts relating to the dispensative power exercised by the godly princes in holy scripture , and by the christian emperors , i shall desire you now to look on your oath in the plain natural sense of it , and as much as if no authoritative one had ever been given of it . consider , that when you declare the king is the only supreme governor of this realm , or governor of all persons in it , no humane laws can bind our consciences by any disability penal incurr'd from serving him . when kings say there is a necessity for our service , st. paul hath said , we must needs be subject to them ; and which as grotius hath well observ'd , implies obedience to their commands as well as submission to their coercion . as dr. donne in his pseudo-martyr observ'd well concerning the oath of allegiance , all the substance of the oath is virtually contain'd in the first proposition , that king james is lawful king of all these dominions , the rest are but declarations and branches naturally and necessarily proceeding from that root , the same as to the point we are upon may be verify'd of the oath of supremacy , the king's highness is the only supream governor of this realm ( not shall be by virtue of this act ) is so notwithstanding any thing that hath been done , or is a doing , and whereby any former princes supposed de facto consenting to tye up his hands from governing all his subjects , and ranging them in their stations in his service , is out of the case of your oath , who have sworn thus , that king iames the second is the only supreme governor , &c. since therefore you have in your oath acknowledged that the king is the only supream governor , and that according to the th article of the church of england , he hath the rule of all estates and degrees committed to his charge by god , whether they be ecclesiastical or civil , i will ask you , if any humane law can disable any persons from being govern'd by him , more then it can children from honouring their parents . according to those words in malachi , if then i be a father , where is my honour ? and if i be a master , where is my fear , &c. may it not be said to every subject , while the king is your king , while he is your only supreme governor , and while he is your political father , will you not be govern'd by him ? or in effect , will you govern him by thinking to oblige him not to employ this or the other subject , and in effect endeavour both to dishonour and disable him who is the head of the community ( as it were ) by loss of member ? will you dishonour him who bears the sword by imposing on him your belief that such a member of the body politick is a gangrened one , and necessary to be cut off from serving the state , when he tells you he knoweth the contrary ? or will you dishonour his religion by saying that papists are disabled by their religion from being sound members of the state , when he knoweth they are not so disabled by it , and accordingly as sir william temple hath in his excellent observations on the low countries made it appear , that the papists there are a sound part of the state ? remember that the words only supreme , as apply'd to your king in the assertory part of your oath are not otiosa epitheta . you will find that our great casuist , bishop sanderson in his seventh lecture of the obligation of conscience lays so much stress on those words in your oath only supreme governour , as to judge him periur'd who having taken the oath , shall assert the figment ( as he calls it ) of co-ordinate power . quid enim periurium dici mereatur , si hoc non sit manifestissimum periurium , quem solum esse supremum in suo regno moderatorem , conceptis verbis juraveris , ei parem etiam in suo regno potestatem constituere & agnoscere . if you did but often enough consider your prince , as asserted in your oath , to be governor of the realm , you would find in your thoughts no difficulty of allowing him the power of commanding all persons in it without exception to serve him . bishop bilson in his book of supremacy , p. . saith , though bishops may be call'd governors in respect of the soul , yet only princes are governors of realms . pastors have flocks , and bishops have diocesses ; realms and dominions none have but princes , &c. and so the style of governor of this realm belongs only to the prince , and not to the priest , and imports a publick and princely regiment . and here i shall take occasion to tell you , that as the common law , subjecting the inhabitants of this realm to the government of bishops hath not kept our princes from exempting particular persons and bodies corporate from their iurisdiction , but could not exempt them from being subject to their prince , and from obeying him , that much less could any statute law do it . it is upon the weight of reason that lyes in this assertory part of the oath that so many writers of the common law have founded their assertion of the king's power o●… commanding the service of all his subjects , as essential to the keeping up the monarchy , ( or the rule of all estates committed to him by god , that i lately spoke of ) and inseparable from it , no●… alienable by any humane laws . it is the supreme power of our princes as governors of the realm , that hath always entitled them to press men for the service of the crown by land or sea , and to recall both soldiers and mariners from the service of foreign princes upon emergent occasions to serve their natural liege lord. and the book writ by a learned common lawyer against the exclusion , call'd , a letter from a gentleman of quality in the country , &c. and printed a. . and so deservedly extoll'd by the iudicious loyal , tells you in p. . and . that if it should be enacted by parliament that no man should honour the king , or love his parents or children , &c. such an act would be ipso facto void , because contrary to the express divine command , &c. the statute of h. . c. . and several other statutes enact , that no man shall be sheriff of any county above one year , and that any patent of the king to any person for a longer term , tho with an express clause of non-obstante shall be void and of none effect , and the patentee perpetually disabled to bear the office. and yet notwithstanding it is resolv'd by all the iudges of england , that these acts of parliament are void : and that the king may by non-obstante constitute a sheriff for years , life , or inheritance . and what is the reason which the iudges give of this resolution ? why , because , say they , in express words , this act of parliament cannot bar the king of the service of his subject , which the immutable law of nature doth give to him . for obedience and ligeance of the subject , ( add they ) is due to the soveraign by the law of nature . see hen. . . v. calvin's case , . a. in coke's th rep. we know that by the statute of o. h. . c. . 't is ordain'd , that every sheriff of england shall abide in proper person within his bailywick , for the time that he shall be such officer . but this act hath never been construed to hinder the king as supreme governor and ruler of all persons in the realm from commanding any sheriffs to serve him elsewhere during their shrievalties : nor on such case to oblige the sheriffs in conscience to observe the statute by such personal residence . baker in the reign of king charles the first tells us of an information a. . in the star-chamber against mr. long , for that he being high sheriff of the county of wilts , had the charge and custody thereof committed to him , and had taken his oath according to the law to abide within his bailys-wick all the time of his sheriff-wick , and his trust and employment requiring his personal attendance therein , did contrary thereto suffer himself to be chosen a citizen for the city of bath to serve in the last parliament , and did attend at westminster in parliament without his maiesties licence , he being sheriff at that time : and that for the foremention'd offences and breach of his oath , and neglect of his trust , and contempt of his majesty , the decree was , that he should be committed to the tower during his majesties pleasure , and pay a fine of marks to the king. hereby you see that his majesties licence or dispensing with that statute had indemnify'd him from it in the court of law ; and that the potestas superioris being necessarily imply'd in a promissory oath , the king as supreme governour of all persons in his realms , commanding or allowing such officers service to the publick elsewhere , had secured him in either forum . the known custom of the speaker of the house of commons disabling himself when presented to the king , but of entring on his charge on the king's approbation and pleasure signify'd ( according to that saying of cu●… me posse negem quod tu posse putes ) may pass for some representation to our thoughts of disability to serve the publick , then evaporating when the king as governor of the realm doth give the subject a call so to do . you may find this practice of the speaker's disabling himself set down in coke . inst. c. . and i shall here by the way take notice that he there likewise mentions it that one of the principal ends of calling of parliaments is for the redress of the mischiefs and grievances that dayly happen . and he had there before said , now forasmuch as divers laws and statutes have been enacted and provided for these ends aforesaid , and that divers mischiefs in particular , and divers grievances in general concerning the honour and safety of the king , the state and defence of the kingdom , and of the church of england might be prevented , an excellent law was made anno . e. . which being applied to the said writs of parliament doth in few and effectual words set down the true subject of a parliament in these words , for the maintenance of the said articles and statutes , and redress of divers mischiefs and grievances which daily happen , a parliament shall be holden every year , as another time was ordain'd by a statute . before the conquest parliaments were to be holden twice every year , &c. but accordingly as my lord coke there takes notice of the style of the statute of . e. . viz. to the honour of god , and of holy church and quietness of the people , and according to the style of the statute of . e. . because our sovereign lord the king edw. . which soverainly desireth the maintenance of the peace and safeguard of his people , &c. hath ordain'd , &c. for the quietness and peace of his people , &c. and suitably to the style of the statute of o e. . . to the honour of god , &c. the king for peace and quietness of his people as well great as small , doth grant and establish the things under-written , &c. and to that of . e. . and for this cause desiring as much for the pleasure of god , and ease and quietness of our subjects , and according to that style in the register , nos oppressiones , duritias , damna excessus , & praedicta gravamina volentes relinquere impunita , volentesque salvationi & quieti populi nostri in hac parte prospicere ut tenemut , &c. and according to the trust committed to princes by god to endeavour that their subjects may under them lead quiet and peaceable lives in all godliness and honesty ( and which is the great fundamental reason of the moral obligation of princes to relax the summum jus of their laws by sometimes dispensing therein ) since we may easily imagine by our thinking of a late conjuncture , how possible it was that the peace and quietness of the people might be disturb'd by the annual calling of parliaments , according to the tenour of those laws ; our princes as supreme governors of the realm , did often dispense with their observance . the author of the book call'd the long parliament dissolv'd , printed in the year . refers to the laws of o e. . c. . and . e. . c. . . e. . n o. . . e. . n o. — . r. . n o. . as positively appointing the meeting of a parliament once within a year . and the people ( saith he ) have silently waited and born the omission of our princes in not so calling parliaments : and he further mentions how queen elizabeth prorogued a parliament for three days more then a year : and he presumes to complain of his late majesty's proroguing his long parliament to above a years time as illegal , and he argues for that parliaments being disabled from sitting and acting afterward as a parliament , by reason of such prorogation as contrary to the aforesaid laws , and which , he saith , were declared to be in force when the triennial act was made in . caroli mi. and so likewise in the statute for repealing that triennial act in . car. o. in these words , and because by the ancient laws and statutes of this realm made in the reign of king edward the third , parliaments are to be held very often , &c. and how the iudgment of the house of lords was assertive of the legality of that parliaments not being disabled from sitting after such his late majesty's prorogation , is fresh in memory . but to return from whence i digress'd , i may here take notice to you how our princes as supreme governors of the realm , and as having the rule of all persons committed to them by god ( and to whom they stand accountable for the same ) have held themselves obliged further to dispense with disability incurr'd by acts of parliament upon a religionary account , and which they have done to the general satisfaction of their subjects of all religions . a : what do you here intend to refer to ? b. i do here intend to refer to the statute of o iacobi c. . by one clause in which act convict recusants are disabled from practising physick , or bearing any office or charge military , and by which clause every person offending , is to forfeit for every such offence l. and the one moyety thereof to be to the king , and the other moyety to him that will sue for the same , &c. but notwithstanding the zeal of that prince against popery , he out of a tender regard to the bodies and healths of his people , and the ennabling many learned roman-catholick physicians to preserve them , did by connivence sufficient●…y dispense with that law ; insomuch that it may be said , that that severe disabling law came on the stage , but as cato into the theatre , only to go off again . and i have elsewhere mention'd it , that a book afterward printed in his reign , call'd the foot out of the snare , sets down the names of about twenty five famous roman-catholick physicians then practising in london , and the places of their abodes , and whom yet ( i believe ) no informer ever molested . and notwithstanding the disability incurr'd by that act of parliament , i account that an eminent roman-catholick physician not long since dead , was not by any among our various sects of protestants in the plot-times , envy'd the liberty of being in our metropolis the greatest practicioner of that noble science . by the same clause roman-catholick lawyers are likewise disabled from practice , and under the same penalty ; but who likewise enjoy'd the same dispensation by connivence with those of the other profession , accordingly as mr. nye in his book , call'd beams of former light observes , p. . viz. the law , physick , merchandize , &c. may be practised by a turk , or iew , or papist here among us , &c. how severe the laws in being are against roman-catholicks of the other great profession , namely of theology , and of the clerical or●…er officiating here , you know . but you likewise know my opinion i discours'd to you of in the conjuncture of the plot , and panick fears ; namely , that by virtue of the contents of the assertory part of the oath we are upon , even our protestant kings as supreme governors of the realm both in matters ecclesiastical and civil , and as having the rule of all persons committed to them by god , were morally bound to see our roman-catholick countreymen , while living among us here , provided with a competent priesthood , as physicians for their souls , and to administer the sacraments to them . a. yes , i remember you discourse of that matter then , and how you mention'd it ; that if any turks or iews , or any heterodox religionaries desired to live here without a priesthood , the prince as guardian of both tables , was obliged by his coercive power to make them put their own principles in practice by their having a competent priesthood , and which all the sects of the mahumetan , paga●… , iewish and christian religion own it as their principle to have : and that as religion was necessary to the state to make men good subjects and ready to serve their prince , and just dealers , a priesthood was necessary to religion . b. you are not therefore to wonder at the dispensation by connivence so many roman-catholick priests enjoy'd here in the reig●…s of former princes . and i shall some other time tell you how our laws that disable papists from bearing arms , were in the time of the rebellion after a. . necessarily dispens'd with by the royal martyr as supreme governor of the realm ; and that none of the church of england did look with an evil eye in the least on such disability , being then dispens'd with by prerogative . a. i suppose you may have heard it objected that by the statute of . c. . which has lately employ'd your thoughts , the prerogative of the king is not touch'd ; for that the king may grant the offices to any of his subjects , and that the act is only a direction to the subject to qualifie himself accordingly for the king's service , and that if he be uncapable to serve the king , 't is through his own default , and he is punishable for the same , as happen'd in the case of one who was made sheriff and neglected to take the oaths : and that there was an opinion given in the case that no subject could put himself out of a capacity to serve the king , but for so doing he is punishable . b. but the more you think of this matter , you will find the unreasonableness of the objection recurring upon your thoughts with greater force . for it is not in mens power to qualifie themselves to serve the king by believing what doctrinal propositions they will : and tho you have heard of a faith that will remove mountains , yet you may consider that 't is as easie to remove them as your faith it self about matters of reveal'd truth , and that considering the circumstances some mens minds are involv'd in , they can no more alter their beliefs about transubstantiation , then they can transubstantiate themselves into other creatures ; and are under a moral incapacity of preventing another incurred by law. and therefore as it would be injustice in a judge to punish a man for the errors of the mind that he knoweth not to be voluntary , and for a man 's not putting himself into a capacity to serve the king , by the professing of the truth in problematical points , when the king of kings hath by the not sufficient promulgating of such truth to his understanding , render'd him innocent in his disbelief thereof , and so long morally uncapable to profess it ; so by one man's after another appearing thus unable to qualifie himself to serve the king , he may be totally unserved . i have often heard you complain of the narrow idea's of the king's supremacy in some of the non-conformists : but if you will read the protestation of the king's supremacy made by the n●…n-conforming ministers and printed a ▪ d. . you will find that they have there given in sufficient caution for t●…eir principles , not allowing any of the king's subjects being disabled from serving him . for they having said in § . . we hold and maintain the same authority and suprem●…cy in all causes and over all persons civil and ecclesiastical granted by statute to queen elizabeth , and expressed and declared in the book of advertisements and injunctions , and in mr. bilson against the iesuites , to be due in full and ample manner without any limitation or qualification to the king ▪ and his heirs and successors for ever , they add in § . . we are so far from judging the said sup●…emacy to be unlawful , that we are pers●… aded that the king should sin highly against god , if he should not assume the same to himself , and that the churches within his dominions should sin damnably , if they should deny to yield the same to him ; yea , tho the statutes of the kingdom should de●…y it to him . and they tell you in sect. . that the height of the king 's royal dignity consists in his supremacy . it is thus likewise a kind of familiar or vulgar error among protestants to think that in the ●…ncient times this fundamental assertory part of your oath t●…at the king is the only supreme governor of this r●…alm , was not allow'd . long before the rescript of the university of oxford to henry the th , a. . mention'd that he was next under god their happy and supreme moderator and governor , and on which being brought into the parliament house , an act passed whereby the king was declared supreme head and governor of the church , and long before it was declared by the parliament . r. . c. . that the crown ●…t england hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to god in all things touching the regality of the same crown , and to none other and long before bracton's writing in the reign of h. . omnis quidem sub rege , & ipse sub nullo sed tantum sub deo ; and ipse autem rex non debet esse sub homine , sed sub deo. &c. you will find ( if you look into coke's th instit. c. . ) that in the law before the conquest , the style runs , rex autem quia uicarius ▪ summ●… regis est , ad hoc est constitutus , ut regnum ter●…enum & populum domini & super omnia sanctam veneretu●… ecclesiam ejus & regat , &c. and where he tells you of the style of king edwin in his charters , viz. of ang●…orum rex , & totius britannicae tel●…uris gube●…nator & rector . and he there refers likewise to several grants made by ab●…ots and priors to king e. . wherein they style him by these very words supremus dominus noster . but that he might perimere litem , as to the point of the ancientness of the king's supremacy , he there referreth to the judgment of parliament declared in the statute of o. h. . c. . viz. that by divers authentick histories and chronicles , it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the world govern●…d by one supreme head and king , &c. unto whom a body-politick , compact of all sorts and degrees of people divided in terms and by names of spiritualty and temporalty been bounden and owen to beat next unto god , a natural and humble obedience , &c. and here i am led to tell you , that as it is on this foundation of the king 's being the supreme governor and ruler of all sorts and degrees of men thus anciently acknowledged by our roman catholick forefathers , that the regal power of dispensing with the laws that were penal by incapacity , and particularly in order to the crown 's being enabled to command the obedience and service of all estates and degrees of men , was built , so it is on the same that the usurpations of the papal dispensative power of that kind were opposed . i shall before we part give you instances hereof . a. i thank you , but shall here tell you , that the expression you used just now about the king being disabled by his subjects being so , hath overcast my thoughts with some kind of horror . b. i cannot help it ; but if you will have me speak with the frankness of a philosopher , concerning the nature of things , the disabling of the subjects must have that effect in nature , and of the disabling of their country too . and i think too you gave me a hint for some such thought at our last meeting . if you do but consider the services done to monarchs by that abject nation of the iews ( and who by tacitus were call'd the vilissima pars servientium ) and how in our saviour's time they were serviceable to the roman empire in the collection of the customs , and how much they have been since and still are useful to the grand signior , and to many christian princes by gathering in their imposts , you will easily imagine the loss that would redound to princes by religionary heterodoxy disabling any to serve them . it is but natural to men of the most inquisitive and penetrating thoughts to differ from many points of theology receiv'd by princes and their people : and since such heterodoxy doth difficult their access to preferment , it is but natural to them by their working thoughts and industry to arrive at the excelling the duller orthodox in whatever course of life they take , and by that means to try to push on their way into their prince's favour , and consequently to have very sharp regrets against any methods that would incapacitate them for it . and as if this civil death were to men of great thoughts the terrible of terribles , and what as hindring them from serving their prince and country were like burying them alive , i shall shew you how a man of great abilities , and who had made a great figure in the church and state , resented it in the conjuncture of a. . i mean archbishop williams , who in his famous speech in parliament that year against the bill that afterward passed into a law to disable persons in holy orders from exercising any temporal jurisdiction , doth thereupon represent it , that under a cain ' s mark an eternal kind of disability or incapacity is laid on them from enjoying hereafter any of those rights , favours , or charters of former princes , and which is the heaviest point of all without killing of abel , or any crime laid to their charge , more then that in the beginning of the bill 't is said roundly , and in the style of lacedaemon , that they ought not to intermeddle , &c. and what his thoughts were of the injustice of such incapacity put on the clergy , and of the odiousness of that punishment of incapacity , appears by what he afterward saith , viz. i come to the th part of this bill , which is the manner of the inhibition every way heavy in the penalty , heavier a great deal in the incapacity . in the weighing the penalty , will you consider the small wyers ; that is , poor causes that are to induce the same ; and then the heavy load that hangs upon these wyers ? it is thus . if a natural subject of england , interessed in the magna charta and petition of right , as well as any other ; yet being a person in holy orders shall happen unfortunately to vote in parliament , to obey his prince by way of councel , or by way of a commissioner be required thereunto , then is he presently to lose and forfeit for his first offence all his means and livelyhood , &c. this peradventure may move others most , but it doth not me . it is not the penalty , but the incapacity , a●…d as the philosophers would call it , the natural impotency imposed by this bill on men in holy orders to serve the king , or the state in this kind , be they otherwise never so able , or never so willing , or never so vertuous , which makes me draw a kind of timanthe ' s veil over this point , and leave it without any amplification at all to your lordships wise and inward thoughts and considerations . but if with so much thunder of passion as well as lightning of reason that learned speech from the bishops bench did so much resent the punishing the clergy with disability to execute secular offices , and to have the honour of serving their prince and country therein , and for the imposing of which disability that known place of scripture , tim. . . no man that wars , entangles himself with the affairs of this life , was alledged in the house as thus disabling them by the law divine ( and as to which the bishop in his speech gives a learned answer ) we may well imagine how lay-men of good births and educations , and whose diligence employ'd in courts and cities , and camps abroad , may have qualify'd them here to stand before kings , must necessarily aggravate in their thoughts the dishonour of incapacity to serve their prince in secular employments . a. was that speech of the archbishop ever printed ? b. you will find it in the apology for the bishops to sit and vote in parliament , printed in london a. . and he hath in that speech some other expressions which corroborate that obvious natural notion of the king and kingdom being disabled by disabling of clergy-men from secular employments . for having reflected on the bill for disabling them from sitting in the star-chamber and at the council-table , sitting in commissions of the peace , and other comm●…ssions of secular affairs , he afterward saith , but , my noble lords , this is the case ; our king hath by the statute restored to him the headship of the church of england . and by the word of god he is custos utriusque tabulae . and will your lordships allow this ecclesiastical head no ecclesiastical senses ? no ecclesiastical persons to be censulted with at all ? no not in any circumstances of time and place ? if cramner had been thus dealt with in the minority of our young j●…sias king edward the th . what had become of that great work of our reformation in this flourishing church of england ? a. the truth is , it being a kind of a rule that all men of parts who have been liberally educated , and even those excelling in mechanical professions , do naturally desire to serve the king , and standing before kings having been annext in scripture as a reward to diligence in ones calling ; a mark of disability put on lay-men to serve their prince , cannot but tempt them to passion on that account more then it ought to have troubled the bishop when he call'd it a cai●…'s mark , in regard you have mention'd it , that clergy-men to some did seem by the law-divine disabled from secular employments . b. according to the opinion of iudge vaughan in his reports , who in hill and good 's case there makes a lawful canon to be the law of the kingdom as well as an act of parliament , and whatever is the law , is as much the law as any thing else that is so , for what is law , doth not suscipere magis aut minus , they were by the canon law disabled from intermedling in secular affairs : and according to his description of malum prohibitum in thomas & sorre●…'s case p. . you may say they were by the statute so disabled from intermedling . for he there saith malum prohibitum is that which is prohibited per le statute . per le statute is not intended only an act of parliament , but any obliging law or constitution , as appears by the case : for it is said the king may dispense with a bastard to take holy orders , or with ▪ a clerk to have two benefices with cure , which were mala prohibita by the canon-law , and by the council of lateran , not by act of parliament . the lateran council his lordship there means , is that held under alexander the d a. , and which council hath it in these words , viz. neque servi neque spurii sunt ordinandi : and , uni plura ecclesiastica beneficia non sunt committenda . and therefore the bishop in that speech saith , that this doctrine of debarring persons in holy orders from secular employments , is the doctrine of the popish church , and first brought into this kingdom by the pop●…s of rome and lanfrank , anselm , stephen langthon , and othobone and with an intent to withdraw the clergy from t●…eir receiving obligations from either king or lords , and make them wholly dependants on the popacy . but bishop iewel tells us in his apology p. . that veteres canones apostolorum illum episcopum , qui simul & civilem magistratum , & ecclesiasticam functionem obire velit , jubent ab officio summoveri . a. yet notwithstanding their being disabled by the antient canons , and the nemo militans , &c. tim. . as often alledged against them by the canons and canonists , i think they were frequently employ'd by our princes in the greatest offices of the state. b. they were so , and the disability of a whole third estate as to bearing secular offices did not stand in the way of prerogative . i have read it in fuller's church-history that in the year . the lords and commons in parliament did find themselves aggrieved that the clergy-men engrossed all secular offices , and thereupon presented the ensuing petition to the king according to this effect , insisting only in the substance thereof , viz. and because that in this present parliament it was declared to our lord the king , by all the earls , barons and commons of england , that the government of the kingd●…m hath been performed a long time , by the men of holy church , which are not justifyable in all cases , whereby great mischiefs and damages have happen'd in times past , and more may happen in time to come , in disheriting of the crown and great prejudice of the kingdom , &c. that it will please our said lord the king that the lay-men of the said kingdom which are sufficient and able of estates , may be chosen for these , and that no other person be hereafter made chancellor , treasurer , clark of the privy-seal , barons of the exchequer , chamberlain of the exchequer , comptroller , and all other great officers and governors of the said kingdom , and that these things be now in such manner establish'd in form aforesaid that by no way it may be defeated , or any thing done to the contrary in any time to come , saving to our lord the king the election , and removing of such officers , but that always they be lay-men , such as is abovesaid . to this petition the king return'd that he would ordain upon this point , as it should best seem to him by the advice of his good council . in fine , you see that tho the clergy-men were thus disabled by the general customs and usage of the realm , and by lawful canons and provincial constitutions , accounted by that iudge beforemention'd to be tanta-mount to acts of parliament : yet you ●…ee our kings did frequently dispense with these customs , lawful canons and constitutions . and tho the office of bishops renders them guardians of the canons , yet you see how tender they have been of the regal power of dispensing therein . and as that saying of wicliffe , however censured in the council of constance , may perhaps with a little help be reduced to orthodoxy , viz. that ●…ne should be excommunicated by any prelate , unless he know him excommunicated by god , so with parity of reason it may be said , that none should be totally disabled by any prince from serving him , unless he knew him really disabled by god ; and especially when he knew the contrary , and that the services of the great men of the clergy had so often been successfully employ'd at the helm of state : and when for the honour of clergy-mens councel some of the most profound pieces of state-policy our english story hath in it are to be attributed to clergy-mens officiating in their princes councels , and as for example , when by the figure that bishop morton made at the helm , he did make up the dismal breach , and united the two houses of york and lancaster in the happy marriage between henry the th and the lady elizabeth , a●… when bishop fox who was lord privy seal , did by his advice lay the foundation of a more happy union between the kingdoms of england and scotland , by the eldest daughter of hen●…y marrying iames of scotland , and the younger matching into france , that so on their ever coming to inherit , scotland might be annex'd to the imperial crown of england , and england not be annex'd as a province to france , and for the consequences of which advice , both englishmen , and english and french protestants have so much cause to say , we praise thee , o god , &c. and i am here minded of what fuller tells us on a. . h. . viz. it was moved in parliament that no weishman , bishop or other , shall be iustice , chamberlain , chancellor , treasurer , sheriff , constable of a a castle , or keeper of records , or lieutenant in the said office in any part of wales , or of councel to any english lord , notwithstanding any patent made to the contrary , cum clausulâ non obstante licet wallicus natus : and that it was answered , that the king willeth it , except the bishops : and for them and others which he hath found good loyal lieges toward him , out said lord the king will be advised by the advice of his councel . ex rot. parliamentariis in turri lond. in hoc anno : which citation fuller professeth to be taken out of the authentick records in the tower. there passed an act of parliament in the th year of henry the th , by which it is enacted , that no welshman shall be iustice , chamberlain . sheriff , coroner , nor other officer in any part of wales , notwithstanding any patent to the contrary with the clause of non-obstante : and yet without question ( saith my lord coke , th rep. ) the king might dispense with this statute : but you see how on the parliaments resenting the dispensations the act had met with , and particularly in bishops having contrary to the tenor of the act served the crown in secular employments , the king particularly adhered to the exercise of his dispensative power in their case . it was upon the ground of this assertion , viz. of the crown 's being entitled to command the services of all subjects , that some papists were employ'd by queen elizabeth in affairs of the state , notwithstanding any disability incurr'd by not taking the oath of supremacy . and viscount montacute , tho a roman catholick , was ( as cambden tells you ) sent by her as her embassadour to the king of spain , and employ'd too about the business of the scots , and to do right to the protestant religion . sir edward carne , likewise a roman catholick , was sent by her as her embassador to the pope . and as to the sense of many of that queen's most renowned ministers of state about the deprivation of the nonconformist divines disabled eo nomine from their ministry , being penal to the people , the author of certain considerations tending to promote peace and good will among protestants , hath mention'd it , that eight of that queens privy councellors writ a letter in their favour to the bishops of canterbury and london , in the close whereof 't is said , viz. now therefore we for the discharge of our duties , being by our vocation under her majesty bound to be careful that the universal realm may be well govern'd according to the honor and glory of god , and to the discharge of her majesty being the principal governor of all her subiects under almighty god , do most earnestly desire your lordships to take some charitable considerations of these causes that the people of this realm may not be deprived of their pastors being diligent , learned and zealous , tho in some points ceremonial they may seem doubtful only of conscience , and not of wilfulness , &c. tour lordships loving friends william burghly , george shrewsbury , a. ●…rwick , r. leic●…ster , c. howard , j. crofts , chr. hatton , fra. walsingham . and what sense the house of commons had in the beginning of the reign of king iames the first , of the disabling of several of the nonconformist divines being a gravamen to the realm , appears by the petition of that house to the king , anno . as i find it in mr. nye's beams of former light , p. . viz. whereas divers painful and learned pastors that have long time travell'd in the work of the ministry with good fruit and blessing of their labour have been removed from ecclesiastical livings , being their free-hold , and from all means of maintenance , to the great grief of sundry your majesty's well-affected subjects , we therefore humbly beseech your majesty would be graciously pleas'd that such deprived and silenced ministers living quietly and peaceably , may be restored , &c. but , in short , if you consider that the great cause that excited the loyal zeal express'd in the statute of the first of queen elizabeth ( and whereby so many statutes of harry the th against the papal ●…pations were revived ) was that the king and kingdom might not be disabled by clergy-mens not being subjects to the crown through papal exemptions , and that the crown might cum effectu be restored to its government over them , i. e. of the whole realm , and that our monarchs should by means of such exemption be no more disabled from being governors only in their realm , and not of it ( and as when the right of two persons claiming to be princes of tuscany was before the pope's arbitrage ▪ he determin'd that one of them should be a prince in tuscany and the other o●… it , ) you will find that this supreme power over all persons , as inherent in the king , is the very lapis angularis on which your abjuration of foreign iurisdiction , and on which the whole promissory part of your oath are built . for when you have first declared in your oath that the king is the only supreme governor of this realm , as well in all spiritual or ecclesiastical things or causes , as temporal , and then what followeth upon that , viz. that no foreign prince , person , prelate , state , or potentate , hath or ought to have any iurisdiction , power , superiority , preheminence or authority ecclesiastical , or spiritual within this realm , you say , and therefore i do ●…tterly renounce and forsake a●…l foreign iurisdictions , &c. and do promise that from henceforth i shall bear faith and true allegiance to the king's highness , &c. and to my power shall assist and defend all iurisdictions , &c. granted or belonging to the king's highness , &c. or united and annex'd to the imperial crown of this realm ▪ thus then the reason why you abjure foreign jurisdiction ( for you abiure when you swear to quit and forsake , as mr. nye in his observations on that oath tells us ) and why you promise to assist and defend all iurisdictions granted or belonging to the king whose subject you are ) is resolved into the kings being the only supreme governor of this realm , as well in all spiritual or ecclesiastical things or causes as temporal . i am here further to tell you that when by your oath you have renounced the pope's dispensative power ; you have asserted , and have obliged your self to defend the jurisdiction of the king 's dispensative power in the room of it : and the defence of which was the great design and drift of the entire statute of o. eliz. and of your oath therein , and no collateral thing . a. i have been and am pleas'd with that prospect you have given me into the region of the dispensative power used by the crown in the interpretation of my oath , a region that was before to me like the terra australis & borealis incognita : but ( to deal frankly with you ) i am yet to seek out the meaning of this notion last ●…rted by you , that the drift and design of the statute of o. elizabethae , and the oath was to prop up the king 's dispensative power . i doubt not but you are perfectly sensible that he who speaks to that tender thing call'd conscience , and about an oath , ought to be tender of any point he urgeth to it , and not to wyre-draw any thing by forced consequences that is to be offered to it as obligatory . b. i assure you i go by those very measures in giving you my judgment of the design and drift of that statute as i have done , and that he must put the statute on the wrack that will make it speak any other meaning . consider what the prefatory part , as the key of it mentions , viz. that divers good laws and statutes that were made in henry the eighth's time as well for the utter extinguishment and putting away of all usurped and foreign power , &c. as also for the restoring and uniting to the imperial crown of this realm , the ancient iurisdictions , &c. to the same of right belonging , by reason whereof we your most humble and obedient subjects from the th year of the reign of your said dear father were continually kept in good order , and were disburden'd of divers great and intolerable charges and exactions before that time unlawfully taken and exacted by such foreign power and authority as before that was usurped , until such time as all the said good laws and statutes by one act of parliament made in the first and second years of the reigns of the late king philip and queen mary , &c. were repeai'●… : by reason whereof they then further mention how they were then brought under an usurped foreign authority to their intolerable charges , and they thereupon desire the repealing of that act. here we are given to see by their dating the aera of their being well govern'd and disburthen'd of divers great intolerable charges and exactions taken and exacted by foreign power , from the th of henry the th , and had their eye on the statute of the th of henry the th , c. . entituled , no imposition shall be paid to the bishop of rome , which sets forth how the subjects of this realm were impoverish'd by intolerable exactions of great sums of money taken out of this realm by the bishop of rome as well in pensions , censes , suits for provisions and expeditions of bulls , &c. and also for dispensations , licences , faculties , grants , relaxations , writs call'd perinde valere , rehabilitations , abolitions , and other infinite sorts of bulls , breves and instruments of sundry natures , &c. wherein the bishop of rome hath been not only to be blamed for his usurpation in the premisses , but also for his abusing and beguiling your subjects , pretending and persuading them that he hath power to dispense with all humane laws , uses and customs of all realms in all causes which be call'd spiritual , which matter hath been usurped and practised by him and his predecessors by many years , in great de●…gation of your imperial crown and authority royal , contrary to right and conscience . for where this your graces realm recognizing no superior under god , but only your grace , hath been and is free from subjection to any mans laws , but only to such as have been devised , made and obtained within this realm for the wealth of the same , or to such other as by sufferance of your grace and your progenitors , the people of this your realm have taken at their free liberty by their own consent to be used among them , and have bound themselves by long use and custom to the observance of the same , not as to the observance of the laws of any foreign prince , potentate or prelate , but as to the customes and ancient laws of this realm , originally establish d laws of the same by the same sufferance , consents , and custom , and none otherwise ; it standeth therefore with natural equity and good reason , that in all and every such laws humane made within this realm , or induced into this realm by the said sufferance , consents and custom , your royal majesty and your lords spiritual and temporal and commons , &c. have full power and authority not only to dispense but also to authorize some elect person or persons to dispense with those and all other humane laws of this your realm , and with every one of them , as the quality of the persons and matter shall require . and the act afterward mentions the impoverishment of the people of this realm by the imposts for papal dispensations , and refers twice to the charges of the taxa camerae , calling them expresly in one place , impositions taken to the use of the pope and his chambers ; and in another , the old tax . and at the removal of these intolerable charges , as they are call'd in that of the statute of o eliz. or intolerable exactions , as they are call'd in the th of henry the th ; that of the first of elizabeth ( as i said ) had an eye in the revival of this of henry the th ; and the consideration of which statute will be of importance to us as to that part of our promissory oath that refers to our defending the iurisdictions , &c. united and annex'd to the imperial crown of this realm ; that statute of henry the th having in its prefatory part express'd the pope's dispensing here to be in derogation of the king 's imperial crown and authority royal , and there afterwards mentions how the imperial crown of this realm suffer'd by those papal exactions . and the preface of the statute of o eliz. refers in general to divers good statutes made in henry the th's time , for the restoring and uniting ▪ to the imperial crown of this realm the iurisdictions , authorities to the same of right belonging ▪ and which ushers in the reference to the statute of the th of henry the th : and then in the following clause 't is said , that for the repressing of the usurped foreign power , and the restoring the rights , iurisdictions and preheminences belonging to the imperial crown of this realm , &c. thus then you see that i have fairly shew'd you out of this statute of queen elizabeth , where your oath is situated , that the restoration of the ancient jurisdiction of the crown in dispensing , was restored to the imperial crown of this realm , the which the pope had formerly usurped on in matters both ecclesiastical and civil , and which you are obliged to defend against any papal or popular usurpations whatsoever . i was enforced for your clearer understanding of this statute to conduct you to the th of henry the th , and where you find several expressions that make it the right of the imperial crown of this realm to dispense with the disability or incapacity incurr'd by law. you have there the word rehabilitation , and what is called there the writ of perinde valere , which blount tells you in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a dispensation granted to a clerk , who being defective in his title to a benefice , or other ecclefiastical function is de facto admitted to it . and it takes appellation from the words , which make the faculty as effectual to the party dispens'd with , as if he had been actually capable of the thing for which he is dispens'd with at the time of his admission . a. . h. the th , it is call'd a writ . you have in your oath acknowledg'd the crown of this realm to be a crown imperial , and if you had not by the comparing the two statutes together , found that the power of rehabilitation of persons disabled was restored and united to the crown , as what was anciently due to it , and used by it ; yet on the consideration of the crown here being call'd imperial , and of its being a res judicata among all that write of the power of such crowns that a dispensation with persons in this kind , is allow'd them as one of the jura majestatis , you ought by virtue of your oath to be very careful how you deny this mark of soveraignty to the imperial crown of this realm which you see wants none of the other . i think i have now let you see that i have here put no forced or wyre-drawn consequences on you , and would hate to do any thing of that nature in common discourse , and about a common or trivial matter , and much more in the concern of an oath . you know i have often prais'd that letter in d'ossal where he reflects on some men thus , viz. le sont gens d'esprit , de scavoir & de labeur , qui ●…ont forgè , mais de fort ma●…vaise foy , ne faīsans conscience , & n' ayans honte de traitter un cas de conscience , & si important a la religion catholique & a toute la chrestiente , en chichaneurs & sophistes . but further yet to let you see that in minding you in point of conscience , and by virtue of this your oath ; duly to prop up the regal power of dispensing with incapacity , i put no wyre-drawn consequences upon you , and do with the simplicity that becomes a christian speak to you ex animo , i shall again give you the iudgment of parliament in the case , and to that end shall first direct you to the statute of o. h. . c. . that begins , in most humble wise shew and declare to your highness your most faithful , humble and obedient subjects , that where your most royal majesty is and hath always justly been by the word of god , supreme head in the earth of the church of england , and hath full power and authority to correct , punish , and repress all manner of heresies , errors , uices , &c. and to exercise all other manner of iurisdictions commonly call'd ecclesiastical iurisdiction , nevertheless the bishop of rome and his adherents minding utterly as much as in him lay to abolish , obscure , and delete such power given by god to the princes of the earth , whereby they might gather , and get to themselves the government and rule of the world , have in their councils and synods provincial made divers ordinances and constitutions that no lay or married man should or might exercise any iurisdiction ecclesiastical , nor should be any iudge or register in any court commonly call'd ecclesiastical court , &c. as by the said councils and constitutions provincial appeareth , which standing and remaining in their effect not abolish'd by your grace's laws , did sound to appear to make greatly for the said usurp'd power of the bishop of rome , and to be directly repugnant to your majesty as supreme head of the church , and prerogative royal , your grace being a lay-man , and albeit the said decrees , ordinances and constitutions by a statute made in the th year of your reign be utterly abolish'd , &c. but forasmuch as your majesty is the only and undoubted supreme head of the church of england , and also of ireland , to whom by holy scripture all authority and power is wholly given to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever . and to all such persons as your maiesty shall appoint thereuned , that in consideration thereof , as well for the instruction of ignorant persons , &c. and setting forth of your prerogative royal and supremacy : it may therefore please your highness , that it may be ordain'd and enacted , that all and singular persons as well lay as those that be now married or hereafter shall be married , &c. which shall be made , ordain'd , constituted and deputed to be any chancellor , uicar general , &c. scribe or register by your majesty , or any of your heirs and successors , or by any archbishop , bishop , &c. may lawfully execute and execute all manner of iurisdiction commonly call'd ecclesiastical , &c. here you see the enacting clause founded on the previous solemn acknowledgment of the king's supremacy , and on his having the power given him , not by parliaments or people , but by scripture , to appoint such to be ecclesiastical judges who were by custom and by the laws of councils and provincial synods formerly equivalent to acts of parliament , incapacitated so to be . and from whence it is consequently apparent that no positive humane laws whatsoever inflictive of penal incapacity could against the right inherent in him by the positive law of god , oblige him not to dispense with the others by his supreme power when he found it necessary so to do . for 't is on all hands confessedly true , that parliaments can no more then the bishop of rome delete such power as is given by god to the princes of the earth . a. but because a parliament declared that such a supreme power is given by the scripture to princes , you know it doth not follow that it is so . and moreover you know that was a popish parliament that so declared it . b. but i likewise know that as 't is in my lord chief iustice vaughan ' s reports in hill and good ' s case , that if a marriage be declared by act of parliament to be against gods law , we must admit it to be so , for by a law , that is , an act of parliament it is so declared ; so that act of parliament having declared it , that by holy scripture all authority and power is wholly given to the king , and to all such persons as he shall appoint to hear and determine , &c. tho such persons were by a lawful canon incapacitated so to do ( a canon that that iudge in the words immediately following the other makes to be the law of the kingdom as well as an act of parliament ) we must admit such power and authority inherent in the king's supremacy by the word of god , thus to supersede incapacity . and whether the incapacitating canons were lawful ones or no , it is not tanti to enquire , since as we know a power inherent in kings by the word of god , cannot be either by lawful canon or act of parliament taken away : and much more ought such power to be construed and admitted as inherent in him by the scripture , while the act of parliament continues in being . but i shall yet bring the acknowledgment of your prince's supremacy in this point as thus founded on scripture , clos●…r to your conscience by letting you see that you have not only the judgment of a popish parliament in the case , but of that very statute of queen elizabeth that enjoyns your oath of supremacy ; for it revives that statute o●… harry the th and all and every branches and articles in it , as you will find it in your statute-book . a. you have mention'd one thing in that statute of harry the th that doth a little startle me : and that is that he and the three estates apply'd there the design of keeping up those canons of councils and provincial constitutions that incapacitated laymen , as level'd at the exclusion of the king himself , not only from his prerogative , but from being in a capacity to exercise ecclesiastical jurisdiction as supreme head of the church , as i find by those remarkable words , your grace being a lay-man . b. you do well to take notice of that , and are therefore not to wonder at it if you should hear your prince who was a dissenter to the church of england , and others concern'd for him , to have apprehensions of what prejudice might be meant him by some subtle projectors of laws , to incapacitate all papists and presbyterians from acting in any office in church or state , however many loyal persons might be far from intending such prejudice thereby : his grace being a papist , or presbyterian . a. i must confess that if the kings power of commanding the services of all his subjects be inherent in him by the word of god , and as such declared by parliament , any mens endeavours to take away that power , may well be imputed to great incogitancy . b. you say right : and i was hence induced to wonder , that after the act and acknowledgment of his majesty's prerogative in the choice of his officers of state-councellors and iudges had thus passed in the first parliament of scotland in the late king's reign , viz. the estates of parliament considering the great obligations that lie upon them from the law of god , the law of nations , the municipal laws of the land , and their oathes of allegiance to maintain and defend the soveraign power and authority of the king's majesty , and the sad consequences that do accompany an encrochment upon or diminution thereof , do therefore from their sense of humble duty declare , that it is an inherent privilege of the crown , and an undoubted part of the royal prerogative of the kings of this kingdom to have the sole choice and appointment of the officers of states and privy councellors , and nomination of the lords of session as in former times , and that the king 's sacred majesty , and his heirs and successors , are by virtue of that royal power which they hold from god almighty over this kingdom , to have the full exercise of that right , &c. any men could by a following act of parliament there be incapacitated to serve their prince in those stations . i shall here tell you , that the incapacitating a few papists or quakers presbyterians or anabaptists to serve their prince may to some seem materia l●…vis , and that the king and his realm cannot suffer much by the disabling a small party of men from publick employments . but it is otherwise . and let any one who hath observ'd but two or three of the late great transactions of the age here , as for instance , the late king's restoration , the throwing out of the exclusion-bill , the turning of the current of faction in our metropolis , and consider how much in each depended on the talents of one man , he will not wonder at him who shall affirm that the incapacitating of but one man may be very fatal to the common-weal . i suppose you cannot have forgot the verse you repeated to me out of the famed poem of absolon and achitophel , viz. so much the weight of one brave man can do . and providence made use of his weight for the publick good by the figure he made in his prince's councils notwithstanding the address of the commons to have him thence removed : as likewise of the weight of another of those noble persons heroical loyalty in the administration of the government , notwithstanding an address from the commons to his prince to remove him from it . i doubt not but you have read it in cromerus his history of poland l. th . that the king of poland being dead , the kingdom was offer'd to lescus a nephew of casimire's , on condition he would banish govoritius : and that lescus refused the crown rather then he would banish so faithful a councellor . and you cannot be ignorant of the weight of one man in the nicene councel , i mean pophnutiu●… , who by citing those words of the author of the epistle to the hebrews , marriage is honourable in all , &c. turn'd the stream of the whole councel when they were going to give a decree against the marriage of priests . you know of how much weight one man would have proved in that place in scripture , ezek. . . and i sought for a man among them that should make up the hedg and stand in the gap , &c. and that the wise man hath told us , that it was by the wisdom of one poor man , that a city was deliver'd . you cannot but have observ'd , that almost all the great and noble inventions in nature , owe their births to a single person ; and that particularly one poor man by his wisdom discover'd the american world. i need not mind you of the introduction of laws by one man in several of the old graecian polities ; and of the great ocean of the civil-law yet encompassing the world , having so narrow a spring-head , as the head of a single person 's introducing the laws at athens . you have read of the unus homo nobis cuncta●…do , &c. and of the tantum potuit unius viri fortuna & virtus . you know how queen elizabeth express'd her value of the weight of one man , i mean our great navigator sir francis drake , by her refusing to commissionate competent judges to try him for putting to death dourishius in america , and after an appeal brought about it by the next of kinn to him : and how afterward king iames the first shew'd his value of the talents and usefulness of sir walter raleigh , by employing him in his service , with power of the life and death of others , whilst he lay under the highest disability , by being attainted of high-treason . it would be somewhat like pedantry to digress too far into such a common place ; and wherein almost infinite instances will be tumultuarily crowding into any mans thoughts . but i shall here further tell you , that from the notion of ludit in humanis , &c. and of him who sitteth in the heavens having some disablers in derisien who imagined a vain thing , and from heavens often choosing to make that stone that the builders rejected and disabled , the head of the corner : and from the severe threatning in st. matthew against him who shall offend one of these little ones who believe in christ , and from the caution there of despising not one of these little ones , you may occasionally call to mind your moral offices of honouring all men , and of adoring the divine providence , when it makes such persons its instruments in the preserving of nations , who by any systemes of politics or laws were disabled from being such . a. i thank you for the occasion you have given me to meditate about this , and do think that man having the style of vain apply'd to him in iob. c. . v. . vain man would be wise , tho man be born like a wild asses colt , and there made a politic-would-be , and not only resembled to a brute , but made to be born like one , and of brutes like to the ass , and of asses to the wild one , and even of such to the wild asses colt , and being thus under an incurable complication of natural incapacities , ought to be very careful how he goes about , by any artificial incapacities , to afflict or reproach any of his race that are born to too many , and much more to limit the wisdom of providence in the choice of its instruments , and to take the work of the cicuration of the untamed world out of god's hand . and here i shall afford you some amends for the pleasant historical hints i just now had from you , by observing to you in short what partly makes for your purpose ; that tho as palaeotus in his learned t●…actate de nothis spuriisque filiis hath mention'd , such were tam mosaicâ quam pontificiâ ac civili lege omnino detestabiles , and as infamous disabled particularly by the canon law from ecclesiastical dignities , yet to shew how these out-casts of the law were by heaven rendered instrumental in the government of the world , he there saith , notantque hi qui historias ab origine mundi sunt exorsi , artes ownes & scientias ab hujvsmodi sobole , à filiis scilicet lamech fuisse inventas , & ab eis subtiliora omnia & utiliora excogitata : and he concludes his book by instancing in the names of many europaean kings and princes and roman emperors , and particularly of constantine the great , and likewise of popes of rome , who were of the base-born class of mankind . both god almighty and our princes , can make vessels of honour of what clay they please , and place them where they will. b. you find it declared in the statute of the th . of h. . c. . that it appertaineth to the king's prerogative royal to give such honour , reputation and placing to his councellors , and other his subjects , as shall be seeming to his most excellent wisdom ; and so when king iames gave sir walter raleigh tho dead in law , and labouring under the highest disability beforemention'd , the power and honour of commanding the lives of others , he did but what appertain'd to his prerogative . and thus when king harry the th by his prerogative , like the sun both raising and gilding a poor vapour , made cromwel who was the son of a black-smith lord privy-seal , and likewise enabled him , tho a lay-man , to to be his vice-gerent for ecclesiastical causes , and however incapacitated by some positive humane laws to make that figure , he did but uti iure suo . and i shall tell you as to the subject of the weight of one man , or the consequences of disabling one man , that we were upon ; if you consider how much the excesses of the papal usurpations , and the over-ballance of the monastic revenue in the nation , were removed by the parts and endowments of cromwel the vice-gerent in matters ecclesiastical , you may easily imagine that if the measures of the canon-law and canonists and the long receiv'd customs or any humane law had then prevail'd for the disabling of cromwel cum effectu from bearing office or intermedling in ecclesiastical jurisdiction as the kings vice-gerent , what a church of england we should have at this time enjoy'd . you may well imagine how much the disabling of lay-men from intermedling in ecclesiastical iurisdiction had passed for a general custom here , when bishop downham in the defence of his consecration sermon p. . saith that as for lay-chancellors or commissaries , the bishops in the times of s. austin and s. ambrose had none : and that not so much as the steward of a church might be a lay-man : and when the puritan writers did still upbraid our discipline on the account of the incapacity of lay-men to be bishops chancellors , as adjudged by the ancient canons ; and with the canon of indecorum est laicum esse vicarium episcopi , &c. and by which canon the bishop who made a lay-man his vicar , was declared to be contemptor canonum . but it was the regal power of dispensing with the canons and customs that disabled lay-men from intermedling in ecclesiastical jurisdiction , that laid the foundation of the reformation in harry the th's time , as it was the same power of dispensing with the canons and customs that disabled clergy-men from intermedling in saecular employments , that perfected the superstructure of it in the reign of edward the th that young iosias , as was before mention'd . fuller tells us in his church-history that harry the th's making a lay-man his vicar-general was the greatest instance of his ecclesiastical power that ever was given . and my lord herbert in his harry the th doth seem to reflect on cromwel's not being thought capable of that office : for his words on his being made the king's vicegerent are , it was thought strange by the people , because there was no example of any kings of israel the lawfully in their own persons enjoying the mixt power of the temporal and spiritual , or of the pope's , having deputed ecclesiastical power to a lay-man . but as to his saying that there was no example of the pope's deputing ecclesiastical power to lay-men , i shall observe that his lordship had not consider'd that according to the glosse in c. bene quidem distin. . laicus potest excommunicare ex papae delegatione : and that tho a bishop cannot by the canon-law delegate his power to a lay-man , for that a bishop is not above the ius commune positivum of the pope , yet the canonists hold that the pope by the plenitude of his power may dispense with his own laws , and by so doing delegate the power of excommunicating to abbesses , altho jure communi , as not having the power of the keys , they are disabled from so doing : and that pope urban the second , constituted a lay-man , roger earl of sicily and his heirs , his legates a latere in that kingdom by way of inheritance for ever : and that our henry the second writing to the pope to recall be●…ket's legatine power , and to confer it on the archbishop of york , the pope refused so to do , but offer'd the legatine power to the king himself , and sent letters to the king for that purpose : but which the king in scorn threw away . the legatine powers are de jure communi , as the canonists tell us , very great ; and allow the legates to visit or cause to be visited by such as they shall think fit , all churches , monasteries , colleges , universities , hospitals , and do authorize them to make new statutes and orders , and not only to receive appeals from ordinary judges and delegates , but to judge and decide all ecclesiastical , civil and criminal causes , and that summarily and sine formâ & figurâ iudicii ; to make prisoners of bishops , and send them in custody to the pope , to bestow benefices that were vacant , to unite churches , to interpret the mandates of the pope : and if the pope hath entrusted any thing to be done by them , yet to entrust the doing thereof to others , to execute all their jurisdiction in places exempt as well as not exempt , and to dispense in all cases wherein they are not prohibited , and to exercise the iurisdiction of granting indulgences , and to dispense with pluralists , and with the incapacity of sons immediately succeeding their fathers in church-livings , and to give absolution to the excommunicate in many cases reserv'd to the apostolick see , and likewise in many causes inflictive of excommunication ipso jure , and in many cases to restore such as are deposed and degraded , and to rehabilitate them even by restoring them to fame . all these branches of authority , with many others not named here , were it seems offer'd by the pope to our king : but which he holding as vicegerent to the king of kings , and by his word , might well refuse their tenure from the servus servorum , and by his bulls . all our roman-catholick princes having made an inroad on the papal incapacitating canons by way of dispensation , when they made their lay-judges super-intendents over their bishops , and who were by lay-men required to absolve such who were disabled by excommunication , and to receive their bounds and measures in ecclesiastical proceedings by writs of prohibition , and consultation , and attachment issued out by lay-men ; the exercise of the regal power in ecclesiasticks distributed and dispers'd among so many lay hands , did not seem so powerful nor invidious as when the united beams of ecclesiastical vice-gerence met in the ministry of one lay person , and dazled the eyes of the whole kingdom , and when ( according to the power that was o. h. . declared by the parliament to be given to the king by holy scripture ) he made cromwel his vice-gerent for the ecclesiastical jurisdiction . but as that statute intimating that the councils and constitutions provincial that ordain'd , that no lay-man should exercise or occupy any iurisdiction ecclesiastical , did stand and remain in their effect not abolish'd by his grace's laws , and did sound to appear to make greatly for the usurped power of the bishop of rome , and to he directly repugnant to his majesty as supreme head of the church , and pretogative royal , his grace being a lay-man , altho such decrees , ordinances , and constitutions were by the statute made in the th year of his reign , intended to be utterly abolish'd , frustrate , &c. but yet that the contrary thereunto , being not used by archbishops , bishops , &c. i. e. that they had not all that while or since that statute of the th of his reign committed the exercise of ecclesiastical jurisdiction to lay-men ; did or might give occasion to some evil-dispos'd persons to think and little regard the proceedings and censures ecclesiastical made by his highnesse and his uice-gerent , officials , commissaries , iudges , and uisitors being also lay and married men to be of little or none effect , whereby the people gathereth heart and presumption to do evil , and not to have such reverence to your most godly injunctions and proceedings , as becometh them ▪ &c. so i leave it to you to consider how the disabling of any subjects by reason of religionary heterodoxy to serve their prince , did or might give occasion to some evil-disposed persons to attempt the disabling of their prince on the same account , as i b●…fore hinted it to you : and as the popular incogitancy of the power given by god extending to all such persons as should be employ●…d under the king , producing the irreverence of their surmises of the incapacity of the officials and visitors employ'd by the vicegerent ( and consequently of the incapacity of the vicegerent himself ) did naturally terminate in their gathering heart and presumption to do evil , and to surmise the king 's being disabled to exercise all manner of ecclesiastical jurisdiction : and to do that which was directly repugnant to his majesty as supreme head of the church , and to his prerogative royal , his grace being a lay-man , how you ought still to preserve a tenderness in your thoughts for that prerogative royal given him by god's word of commanding the services of all his subjects by what laws or constitutions soever de facto incapacitated . and by the gradual proceedings i have now mention'd , you ought with horror to think of the incapacitating any one subject to serve his prince , as of the first step from a precipice . a. you have provided variety of entertainment for my consideration , and have my thanks for it . but suppose i should be so curious and inquisitive as to ask where in god's word that power is given to princes to employ such persons as they shall think fit in their service , according to the purport of that statute ? b. you may likewise suppose that you would then find my genius so inquisitive as to ask you where you have been at church of late years . for you could then go to no church in england , scotland , or ireland without hearing st. paul's omnis anima spoken of , let every soul be subject to the higher powers , whether he be apostle , or evangelist , prophet , priest , clergy or layety , whether he be of the people diffusive or representative , and the like . and as the well-drawn effigies of a man seems to look on every one in the room , so hath the picture of the regal power drawn by the divines of the church of england , appear'd to cast its eye on every one , and been made as it were vocal , and saying to every one , for he is the minister of god to thee for good . and the good old book call'd god and the king that you have read over and over , hath told you , that the bond of the king's subjects obedience to his majesty is inviolable , and cannot be dissolv'd . and indeed the thing being so plain by the law of nature , which being written in man's heart is the very same ( so far forth as it is yet undefaced ) with the law of god reveal'd in the word , it is not tanti to raise moot-points about this , relating to scripture . i doubt not but you remember it in my lord herbert's harry the th , that there being a rebellion of many of the commonalty , a. . and the rebels sending the king their grievances , and one whereof was , that his grace had ill councellors , and of mean birth ( among which cromwel was not forgotten ) and the king sending an answer penn'd by himself as to their grievances , he did therein upbraid them for medling in the choice of his counsellors , and command their acquiescence therein on the grounds of nature and of his being their natural liege-lord . a. well sir : let it for the present pass as a datum or concessum , as you will have it , that the obedience of subjects , in serving their prince is founded on the grounds both of nature and scripture . and i shall moreover allow it to you , that if you had an enthusiast to deal with , and such who as you said do outrage the th of the romans out of the apocalypse , you might out of brightman's revelation of the apocalypse , shew him out of that part of holy scripture sufficient authority for the king 's particularly making cromwel his vicegerent . for he there on the th chapter , and the th , and following verses , saith , this angel is thomas cromwel who lived in the days of harry the th , that most mighty king , and was a man of great renown and place in our kingdoms , being the earl of essex , and lord keeper of the privy seal , who came out of the temple , and being a sincere favourer of pure religion . he had a sickle in his hand , being made the king's deputy in all ecclesiastical matters : and it was a sharp one , as with which he sets stoutly and deliberately to his work , and yet he had no crown or diadem to grace his head withal , being a minister rather to put another man's power in ure , then any that wrought by his own power and authority . and he on verse the th makes the other angel to be a martyr : viz. tho. cranmer , and refers the meaning of the words , he cryed with a great voice to him that had the sickle , to cranmer , because ( saith he ) in the days of harry the th , he inflamed the mind of tho. cromwel , by his words , with a desire to make a vintage . b. i thank you for diverting me with that passage of brightman : but i can refer you to another writer of our church , whose authority will go further with us then brightman's , and who hath recorded it , that the great figure that cromwel made both in the church and state , and his and cranmer's acting together in concert , and by joynt councels both in church and at the helm of state , was so highly fortunate to the reformation . you may find this observed by archbishop parker in his de antiquitate ecclesi●… britannicoe , p. . where he saith , namque profligato papa , & susceptâ ecclesioe anglicanoe defensione , curâ & tutelâ , rex excelsi●…ing ●…ii , & multarum rerum usu peritum , thomam cromwellum vicarium suum in spiritualibus generalem designavit . hic cum thoma cranmero archiepiscopo tanquam in puppi sedit . clavumque ecclesioe anglicanoe tenuit , proramque à papali littore avertit , & in christianum portum reduxit . a. was , vicar-general to the king in spirituals , cromwel's style for his office , as the archbishop there termed it . b. i am apt to think it was not . i never saw any copy of his patent or commission for it . the acts of parliament in h. the ●…h's time style him , the king's vicegerent , &c. and the statute of o. h. . beforemention'd that speaks of bishops vicars-general useth only the style of vicegerent for cromwel's office. and i have observ'd in his injunctions to the clergy , that he styles himself lord privy seal , uice-gerent to king henry the th , for all his iurisdiction ecclesiastical within this realm , &c. but the word vicar being perhaps by the envy of the monks put on him and his office in common discourse ( the word vicar in the proper signification of it , signifying a servant to a servant , according to that in martial , esse sat est servum , jam nolo vicarius esse ) the archbishop speaking cum vulgo might then call him the king 's vicar-general , and so others since . i should before have mention'd what he saith , p. . speaking of cromwel , inter hunc & cranmerum summam necessitudinem evangelium conciliavit , ut dum ille experientiâ , hic doctrinâ c●…nctos ante●…elleret , tum utrique regi intimi & chari essent . ex horum consilio , & impiis atque odiosis papoe & wolsoei cardinalis actis summum supplicium , & exitium romanoe curioe divinitùs paratum est . a. you have enough minded me of the king 's dispensing with the disabiity incurr'd by the canons both in the c se of cromwel a lay-man intermedling in ecclesiastical matters , and of c●…anmer a clergyman intermedling in secular , proving so necessary to the reformation , and accordingly as queen elizabeth's dispensing with disability proved so to the establishment of the present hierarchy of the church of england . and i shall most seriously consider what the act of the th of h. the th , hath in such plain and liquid terms declared of the power given to the king by scripture , and to all such persons as he shall appoint , to exercise ecclesiastical iurisdiction , however incapacitated so to do by lawful canons and constitutions , and which were by that eminent iustitiary you mention'd held equivalent to acts of parliament : and shall grant that i●… never so many acts of parliament had attempted to deprive the king of a power inherent in him by scripture , such attempt would be nugatory , and the fremuerunt gentes against it , would be but the peoples imagining a vain thing . and i shall consider it how far by clear and necessary consequences , and no wire-drawn ones , it follows from what is declared by this act of parliament , as to the king 's being authorized by scripture to choose some sorts of officers to serve the crown in church and state , that he is so authorized to choose others ; in like manner as you mention'd it to me declared by the scotch act of parliament , that the king by virtue of the royal power he holds from god all-mighty is to have the sole choice and appointment of the officers of the state , &c. but ( i pray ) do not many other acts of parliament in harry the ths time , whereby the royal prerogative is so much advanced , and particularly that of the th of harry the th , that sets up the dispensative power , seem to make it depend on statute-law ? and may it not seem to be more than a flaw in the diamond of prerogative , and a great depretiating of it in cutting it out ( as it were ) into four , by making its establishment depend on the king and three estates ? b. i shall therefore here once for all tell you , that the occasion of so many mens mistake in thinking so many of those acts of parliament in harry the th's time prejudicial to prerogative , as seeming to found it on statute-law , is their not considering that such statutes were but declaratory of old laws , and not introductive of new ones . my lord primate bramhal in his schism guarded , p. . saith , i profess clearly i do not see what advantage henry the th could make of his own laws , which he might not have made of the ancient laws , except only a gawdy title of head of the english church which survived him not long , and the tenths and first-fruits of the clergy , &c. but you may as fully take notice how harry the th throughout his great declarative laws so often declares in effect his regal power to be given him by god. my lord coke in his caudry's case , instanceth in the famous statute of o h. . c. . and calls it declaratory of the ancient law , and you see how it is declared there , that the king is by the goodness of god furnish'd with prerogative , &c. and the statute of o h. . begins as i shew'd you with the three estates , declaring , that the king's majesty is and hath always justly been supreme head in the earth of the church of england by the word of god. you know too how the style runs in another of his acts of parliament , viz. the bishop of rome and see apostolick , contrary to the great and inviolable grants of iurisdictions by god immediately to emperors , kings , and princes , &c. and thus tho there are various statutes in his reign , and particularly that of the th year of his reign , c. . by which it was enacted , that the king's highness shall have power and authority to nominate and assign at his pleasure two and thirty persons , whereof sixteen to be of the clergy , and sixteen of the temporalty of the upper and nether house of the parliament to view , search , and examine the canous , constitutions and ordinances provincial , and that such of them as the king's highness and the said two and thirty or the major part of them shall deém and adjudge worthy to be continued , kept and obey'd , shall bē from henceforth kept obey'd and executed within this realm , so that the kings most royal assent under his great seal be first had to the same , &c. and tho according to the ancient usage of the realm as well as to those canons lay-men were not only incapacitated to make ecclesiastical constitutions and canons , but kings , bishops , or noblemen who believed that the decrees of the bishops of rome may be violated or shall suffer them so to be , are in the canon law anathematized , yet as this enacting clause was made on the clergy's petition to the king ( as the preamble of the act mentions ) that those constitutions and canons may be committed to the examination and iudgment of his highness , and of two and thirty persons of the king's subjects , whereof sixteen were to be of the upper and nether house of the parliament , of the temporalty ; and all the said two and thirty persons to be chosen and appointed by the king's majesty , &c. and be empower'd to do what i mention'd out of the enacting clause ( and whereby the king alone was in effect both according to the clergy's petition , and the enacting clause vested with the jus vitoe & necis of the canons ) so in a memorable epistle of harry the th . printed before the reformatio legum ecclesiasticarum , and intended as a draught for a publication or promulgation of the king 's new ecclesiastical laws , after the draught of them had been by those clergymen and laymen prepared for his royal consideration , and been by him establish'd , he there declares his power of so doing to be pursuant to his supreme headship of the church of england recogniz'd , quemadmodum divini atque humani juris tatio postulat , and mentions , the power granted to him and his ancestors ipso jure divino , as recognized , and applies to himself the words sapientioe , cap. . audite reges & intelligite quoniam data est a domino potestas vobis , &c. and founding his power of making ecclesiastical laws on that jus divinum , he saith , en vobis authoritate nostra editas leges damus , &c. and here i shall tell you that as my lord coke in cawdry's case calls the act of the th of h. . beforemention'd , an act declaratory of the ancient law ; so he likewise doth the act of the th of his reign , c. . that so much props up the dispensative power . and i assure you that they look but at a few things in general , and in that statute in particular , who think that the dispensative power inherent in the king lost any ground thereby : and he who takes the statute altogether , will find that that power if it seem'd in any words to go back from it self , was but by such retreat to leap the further forward . for if you will take a glancing view of the intent of that statute to that end , you will see that instead of that law making it self to be the fountain of the dispensative power , it makes the dispensative power to be the very fountain of a great part of the common law it self : for its style gives you the figure of our laws , as either devised , made and obtain'd within this realm for the wealth of the same , or such as by sufferance of your grace and your progenitors ( which is a dispensation by way of permission or connivence ) the people of this your realm have taken at their free liberty by their own consent to be used among them , and have bound themselves by long use and custom to the observance of the same , &c. and the king in his legislative capacity having with the consent of the three estates superseded the pope's dispensative power that had so long usurp'd on the king's laws , and having provided that the money that should be paid as fees for dispensations should be rais'd and moderated by their consent , obtain'd from them a clause in the act containing so great a deference to the dispensative power of the crown , as that after the act had authorized the archbishop of canterbury and his successors to grant such dispensations , licences and faculties as were accustomed to be had from the see of rome , and not grant any others till the king , his heirs and successors , or their councel were first advertised thereof , and determined whether they should pass : it provided that if it were thought and determin'd by the king , his heirs and successors , or their councel , that dispensations , faculties , licences , or other writings in any such case unwont shall pass , that then the said archbishop or his commissary having licence of his majesty , his heirs and successors for the same shall dispense with them accordingly : and in case of his refusing to dispense , that any other two bishops , the king , his heirs and successors should nominate , should be appointed to dispense in such cases . and this act with all the clauses in it , you find reviv'd by the st . of elizabeth , c. . the pope's rehabilitations did customarily extend to lay-men as well as clergy-men , and that particularly in case of heterodoxy in religion , then call'd heresy , which both by ancient usage and acts of parliament loaded men with various incapacities . and his relaxing the incapacities that relate to clergy-men , any one may see by the taxa cameroe and the fees thereby payable , viz. in the age of those who were to take orders and were defective in some of their members , and in the case of clergy-mens incapacity incurr'd by irregularity . but after this act of the . of h. the th , had shew'd the world the authority the king had to rehabilitate and dispense here in his own country both as to matters customarily dispens'd with at rome , and such as were not so , and how small the fees were for the same , the bringing rehabilitations , and perinde valere's from rome to england , was like carrying coals to new-castle . a. i was not satisfy'd with your extending the king's power of dispensing here as far as the pope's reach'd , and it seems you extend it further . i hope you intend not to bring in here the tax of the apostolical chancery , and which mr. crashaw translating into english in the year . call'd it , the rates of the pope's custom-house , and wherein are contain'd indulgences for sins past , present and to come , and such a kind of pardoning power as in the historical narration of the first fourteen years of king james , appear'd to that king so scandalous in the case of the draught of the earl of somerset's pardon , and in which sir robert cotton having been desired by the earl to find out the largest pardon that former presidents could shew , brought him one that was made by the pope to cardinal wolsey , and by a fac simile after which , the draught of the earls ran for pardoning all manner of felonies and treasons committed and to be committed . b. premising to you that the christian offices do more call on you to mind what sins you dispense with in your self , then what the pope dispenseth with in others , and that this present pope hath spoil'd the trade of raillery about indulgences by spoiling the trade of them , and damning so great a number of them , and that in his vast supplies of money toward the taking of buda , the souls in purgatory contributed nothing , and that sir paul ricaut in the life of this pope , having done right to his vertue , in mentioning his having suppress'd an office of the virgin mary , and a multitude of indulgences , hath further judiciously observ'd , that wisemen at the councel of trent finding that the doctrine of indulgences was not solid , did but slightly touch it ; and tho yet it was the chief matter for which that councel was assembled , nothing was determin'd therein , but only that indulgences be used with such moderation as was approved by the ancient custom of the church , that is , not at all ; i say premising all this , i shall mind you that i have said enough already to let you see that it is only the ancient dispensative iurisdiction of the crown that i direct you to prop up , and more particularly with respect to the case before you . while we are considering the obligation of an oath , it were pity that the thoughts of either of us should be embarras'd with moot-points ; and so without troubling you with a reference to more , f. . where all the power of the pope is not given to the king by the th of h. the th , but is extinct , hallywel ' s case ; or to the quite contrary in more . armiger's case , i shall most consult the ease of your thoughts by directing them to what interpretation my lord coke in cawdrys case gives as to the words of the statute of o eliz. and where he saith , that that act doth not annex any iurisdiction to the crown but what was of right or ought to be by the ancient laws of this realm , parcel of the king's iurisdiction , &c. and which lawfully had been or might be exercised within the realm . the end of which iurisdiction , and of all the proceedings thereupon , that all things might be done in causes ecclesiastical to the pleasure of almighty god , encrease of vertue , and the conservation of the peace and unity of the realm , as by divers places of the act appears . and therefore by this act no pretended iurisdiction exercised within this realm being ungodly , or repugnant to the ancient law of the crown , was or could be restored to the crown according to the ancient right and law of the same . and here i may tell you , that as the pope did often dispense with incapacity incurr'd by his positive laws , and that even in the use of the power of the keys , as by his delegating the power of excommunication to lay-men , and to abbesses as aforesaid ; so our kings d d anciently by their letters patents and charters , grant power to those who were no bishops , ordinaries , or ecclesiastical iudges or officers to inflict ecclesiastical censures of the greater excommunication on offenders , and that for causes not merely spiritual or ecclesiastical with power to certify them into chancery , and thereupon to obtain writs de excommunicato capiendo , as mr. prynne tells us in his animadversions on the fourth part of the institutes , and there cites the president of edward the third , thus empow'ring the chancellor of the university of oxford , tho a lay-man so to do , and so to punish breakers of the peace , offenders against the statutes , privileges and customs of the university , and all forestallers , and regraters , and sellers of corrupt meat and wine , and to excommunicate such who refused to cleanse the streets from filth , and to pave them before their doors , and this ( he saith ) was confirm'd by sundry succeeding statutes of our princes . in what particulars it is by this statute of the . of h. the th . warranted that the king , his heirs and successors may dispense with persons and in causes that the papacy was never accustomed to dispense in , i shall not trouble you or my self to enquire : but shall tell you , that mr. nye in his book call'd two acts of parliament , and wherein are contain'd his observations on the oath of supremacy , doth in p. . cite this statute of . h. . c. . and thereupon say , the king's majesty may dispense with any of those canons or ecclesiastical laws , ( meaning the king 's ecclesiastical laws ) indulge the omission of what is enjoyn'd by them : make void the crime and remove the penalty incurred by breach of them : yea , and give faculty to do and practice otherwise , any synodal establishment , or long usage to the contrary notwithstanding , in what offends not the holy scripture and laws of god. and therefore when our soveraign in the course of his ecclesiastical supremacy , doth only dispense with incapacity , we are sure he goes not to the height of the dispensative power justify'd in him by that statute : nothing having been more customary to the papacy then rehabilitation . it was upon the revival of this statute of harry the th , by that first of queen eliz. c. . that she , according to the papal custom of dispensing with the commutation of penance , did in her articles in the synod began at london , a. d. . establish one de moderandâ solennis poenitentioe commutatione , whereby she orders , that such commutation shall be but seldom and for weighty causes , and when it shall appear to the bishop that that way is the safer to reform the guilty person , and that the commutation-money be employ'd to pious uses . and then follows the title . de moderandis quibusdam indulgentus pro celebratione matrimonii absque trinundinâ denunciatione quam bannos vocant matrimoniales , where you will find she makes faculties and indulgences all one . and as i have shew'd you how she thought it necessary for the safety of her subjects consciences to exercise her dispensative power of interpreting , and of relaxing disabilities occasion'd by the very first statute of her reign , and how soon she put the dispensative power of those kinds in practice , which by that statute were restored and united to her imperial crown , so i may observe to you that shortly after the making of the second statute in her reign , viz. that for uniformity of prayer and administration of sacraments , which punisheth with premunire , sequestration , and deprivation , and excommunication ( which while it is depending is so variously inclusive of disability ) the not using the book of common-prayer as publish'd in english ; she by her letters patents dated the th of april in the second year of her reign , and a. . alloweth the use of latine prayers to the colleges of both universities , and to eaton and winchester colleges , with a particular non-obstante to that statute : a copy of which letters patents may be seen in bishop sparrow's collection of articles , &c. and i have before acquainted you in general , how in her letters patents for the consecrating new bishops , she expresly dispens'd with incapacity . but what may perhaps seem to you as a new indication of her being the better able to dispense with it , is an instance i shall give you of her making incapacity by her supreme ecclesiastical power . the instance of her thus making incapacity , is a thing that mr. nye in his beams of former light reflects on as strange : for he there in p. . referring to queen elizabeth's injunctions , a. . injunct . . viz. it is thought very necessary that no manner of priest or deacon shall hereafter take to his wife any manner of woman without the advice and allowance first had by the bishop of the diocese , and two iustices of the peace next to the place of her abode , &c. and if any shall do otherwise , they shall not be permitted to preach the word , or give sacraments , nor be capable of any ecclesiastical benefice ; saith then , doth this seem strange now ? it seem'd very necessary in the judgment of our governors then ? a. i must acknowledge that you have spoke that which is very much for my satisfaction concerning the dispensative power and the oath thus supporting one another . but i wonder that i have not in any of our celebrated writers of the church of england read that the contents of the assertory and promissory parts of this oath , and our abjuring foreign iurisdictions , powers , superiorities and authorities in the oath , i. e. those of the papacy , were intended in order to the statuminating our prince's dispensative power pursuant to the statutes of . h. th , and o eliz. beforemention'd . b. i can easily direct you to such a writer of our church who hath done the thing to the universal satisfaction of the inquisitive as to this point , and that is the lord primate bramhal in his book of schism guarded . he saith there , in p. , and . as our grievances , so our reformation was only of the abuses of the roman court. their bestowing of prelacies and dignities in england to the prejudice of the right patrons ; their convocating synods in england without the king's leave ; their prohibiting english prelates to make their old feudal oaths to the king , and obliging them to take new oaths of fidelity to the pope ; their imposing and receiving tenths and first fruits , and other arbitrary pensions upon the english clergy ; and lastly , their usurping a legislative iudiciary and dispensative power in the exterior court by political coaction these are all the branches of papal power which we have rejected . this reformation is all the separation that we have made in point of discipline . and for doctrine we have no difference with them about the old essentials of christian religion : and their new essentials which they have patch'd to the creed are but their erroneous , or at the best , probable opinions ; no articles of faith. ; thus then according to these measures , you see how much the hinge of the reformation turns on the usurpation of the papacy in dispensing : for in all these particulars enumerated , the pope dispens'd with the king's laws . and he had before in p. . said , this primacy neither the ancients nor we deny to st. peter , of order , of place , of preheminence . if this first movership would serve his turn , the controversie were at an end for our parts . but this primacy is over-lean ; the court of rome have no gusto to it . they thirst after a visible monarchy on earth , an absolute ecclesiastical soveraignty ; a power to make canons , to abolish canons , to dispense with canons : to impose pensions , to dispose of dignities , to decide controversies by a single authority . this was that which made the breach ; not the innocent primacy of st. peter . and afterward in p. . he saith , but i must contract my discourse to those dispensations that are intended in the laws of henry the th , that is the power to dispense with english laws in the exterior court : let him bind or loose inwardly whom he will : whether his key erre or not , we are not concern'd . secondly , as he is a prince in his own territories , he that hath power to bind , hath power to loose . he that hath power to make laws hath power to dispense with his own laws . laws are made of common events . those benign circumstances that happen rarely , are left to the dispensative grace of the prince . thirdly , as he is a bishop , whatever dispensative power the ancient ecclesiastical canons , or edicts of christian emperors give to the bishop of rome within those territories that were subject to his iurisdiction by humane right , we do not envy him : so he suffer us to enjoy our ancient privileges and immunities freed from his encroachments and usurpations . the chief ground of the ancient ecclesiastical canon was , let the old customs prevail . a possession or prescription of eleven hundred years is a good ward both in law and conscience against an human right , and much more against a new pretence of divine right . for eleven hundred years our kings and bishops enjoy'd the sole dispensative power with all english laws , civil and ecclesiastical . in all which time he is not able to give one instance of a papal dispensation in england , nor any shadow of it when the church was formed . where the bishops of rome had no legislative power , no iudiciary power in the exteriour court , by necessary consequence they could have no dispensative power . he then in p. . mentions the said statute of . h. th . and having referr'd to the proviso , there to shew , that its intent was not to vary from the church of christ in any other things declared by the holy scripture , and the word of god necessary to salvation , he saith then followeth the scope of our reformation ; only to make an ordinance by policies necessary and convenient to repress vice , and for good conservation of the realm in peace , unity and tranquillity from ravine , and spoil , ensuing much the ancient customs of this realm in that behalf : not minding to seek for any relief , succours , or remedies for any worldly things , and humane laws in any cause of necessity , but within this realm at the hands of your highness , your heirs and successors kings of this realm , which have and ought to have an imperial power and authority in the same , and not obliged in worldly causes to any other superior . thus then you see this prelates sense of how much the taking away the pope's dispensative power here , and restoring that power to the crown , was the soul of the reformation , and tota in toto of it . and this act you see revived by the first of elizabeth without garbling it in the least ; and the dispensative power thereby restored to her , her heirs and successors , and a declaration , that no subjects of the realm need for any worldly things and humane laws in any cause of necessity seek for any relief , but within this realm at the hands of our soveraign , as aforesaid . and i shall tell you that the bishop in the next page refers to the statute of the first of eliz. and saith on his view of both statutes , whatsoever power our laws did devest the pope of , they invested the king with it . and of this , the power of rehabilitating any of his lay or clerical subjects is a part , as was beforesaid . a. you have cited somewhat out of this great champion for the king's supremacy , and for the church of england , and reputed to be the most clear vindicator of it from schism our church hath had , which hath created more anxiety in my mind about the assertory part of the oath then any thing hath done . for the words in the oath are , i do utterly testify and declare , &c that no foreign prelate or person hath or ought to have any iurisdiction , power ecclesiastical or spiritual within this realm , and you have brought in the primate granting that the pope hath power here to bind or loose inwardly , and asserting that he hath here a spiritual power . b. you judge right of the bishop's opinion , and which is indeed express'd throughout his whole book . he tells us in p. . that st. cyprian made all the bishopricks in the world to be but one masse , whereof every bishop had an entire part : and he saith in p. , and . that neither king harry the th , nor any of our legislators did ever endeavour to deprive the bishop of rome of the power of the keys , or any part thereof ; either the key of order , or the key of iurisdiction : i mean iurisdiction purely spiritual which hath place only in the inner court of conscience , and over such persons as submit willingly : and in the clearing of which point he refers to the proviso aforesaid in the statute of the th of harry the th , and the th canon of the church of england , as rendring the power by both given to the king to be purely political . but in p. . he refers by way of objection to two statutes of harry the th , the one an act for extinguishing the authority of the bishop of rome , the other an act for establishing the succession , wherein there is an oath , that the bishop of rome ought not to have any iurisdiction or authority in this realm ; then faith it is declared in the th article of our church , that the bishop of rome hath no iurisdiction in the kingdom of england : and in the oath ordain'd by queen elizabeth , that no foreign preiate hath or ought to have any iurisdiction or authority ecclesiastical or spiritual within this realm : and he then by way of answer to which , says that those two ▪ statutes were long ago repeal'd by queen mary , and never afterward restored , &c. and that altho it were supposed that our ancestors ●…ad over-reach'd themselves and the truth in some expressions , yet that concerns not us ▪ at all , so long as we keep our selves exactly to the line and level of apostolical tradition : and saith , that our ancestors meant the very same thing that we do . our only difference is in the use of the words , spiritual authority or iurisdiction , which we understand of iurisdiction purely spiritual which extends ●…o further then the court of conscience . but by spiritual authority or iurisdiction , they did understand ecclesiostical iurisdiction in the exterior court , which in truth is partly spiritual , partly political . and he in p. . takes notice of the apostles dispensative power , cor. . . to whom i forgave any thing for your sakes , forgave i in the person of christ : but all this is only in the interior court of conscience . but the primate having in p. . discours'd of the act ▪ of o eliz. c. . saith , here is no new power created in the crown , but only an ancient iurisdiction restored ; here is no foreign power abolish'd , but only that which is repugnant to the ancient laws of england , and the prerogative royal. in a word , here is no power ascribed to our kings , but merely political and coactive to see that all their subjects do their duties in their several places . coactive power is one of the keys of the kingdom of this world ; it is none of the keys of the kingdom of heaven . this might have been express'd in words less subject to exc●…ption . a. the primate hath shewn an eminent candour of mind in these passages of his you have cited : and if our ancestors had but over-reach'd themselves , and the truth in some expressions , and in any part of a statute but that which forms an oath , it had not much concern'd us , and as long as they had kept exactly to the line and level of plain truth in all the words of the oath : but oaths being stricti juris , and being to be taken in truth and in righteousness , and in the common sense of the words , may i not here to the assertory clause of no foreign prelate or person hath or ought to have any iurisdiction , &c. apply those other words of the primate , this might have been express'd in words less subject to exception ? but according to what he cited out of st. cyprian , it may be said instead of no foreign prelate hath or ought to have any iurisdiction , &c. that every foreign prelate hath it , and not only the bishop of rome as claiming a succession under st. peter , but thousands of other bishops in christendom ; who as the primate saith there , p. . do not at all derive their holy orders from s. peter , or any other roman bishop , either mediately , or immediately ( especially in asia and africa ) but from the other apostles . and suitably to what the primate observ'd out of s. cyprian , by which we see that as there is but one universal church , so there is but episcopatus unus in that church and that undivided , i find it observ'd in sir geffery palmer's reports in the case of evans & kiffin . vers . ascuith . trin. . car. b. r. whitelock . evesque ad powers . le primer est ordinations : and that comes to him by his consecration , and not before . by that he can take the resignation of a church . he can give orders and consecrate churches : and it belongs not to him as he is a bishop of one place or other , mais il est universel sur tout le monde . and therefore the archbishop of spalato when he was here could give orders . the chief iustice agreed with him herein . the second is potestas jurisdictionis which is not universal , but tied to certain places , as to take an oath , to excommunicate and punish offences , and this power he hath by confirmation . the third is administratio rei familiaris , the government of his revenue , and this is gain'd by confirmation . by this you see that the bishop of rome , as every other foreign bishop , may have some spiritual power here , viz. what the reporter mention'd as the first . and therefore i could wish that the th of our articles to which the primate refers for the interpretations of this clause in the oath , had in those words there the bishop of rome hath no iurisdiction in this realm , express'd such a distinction of his iurisdiction as the bishop hath done : and otherwise that common and trite rule of non est distinguendum ubi lex non distinguit , being here applicable , you know what is to be thought of an ambiguous oath ; and that as the sagacious author of the history of the council of trent hath told us , p. , as one particular makes false the contradictory universal , so one ambiguous particular , makes the universal to be ambiguous . moreover tho you will suppose that he might lawfully take the oath in his sense of the pope's jurisdiction , yet all his great learning and reason could not qualifie him to be an authentical interpreter of the oath to me . in some parts of the oath that were obvious to doubt , you have already given me satisfaction , and particularly in making me by vertue of the canons of king iames a participant with the clergy in his authentical interpretation of the th article . and since as suarez in his learned book , de legibus , . c. de interpretatione humanarum legum , saith that there may be an interpretation of law which hath the authority of law , and that qui in eadem potestate succedit , semper potest praedecessotum leges interpretari , i shall account king iames his interpretation as good as queen elizabeth's : and that if he had there declared his mind about the pope's spiritual power in foro interno , being not renounced by this clause in the oath , i should then be content with it . but 't is otherwise : for he there confirms it in effect as 't is in the article . now you know how much simplicity becomes an oath , and how requisite it is that it should be conceiv'd in plain and liquid terms , and taken in the imposer's sense and without mental reservations , and that you should swear therein to no dogmatical assertion ; and as to which mr. nye saith well in his observations on that oath , to swear positively to any dogmatical assertion is not required . it would be a taking the name of god in vain : for if it be a certain and undoubted truth in it self and to others , as are principles of reason and articles of faith , an oath is vain , for it ends no strife . if doubtful and a question whether true or not , tho such an oath puts it out of question that i believe so , yet not that it is a truth . my belief , tho never so much evidenced and confirm'd , doth not make a doubtful matter in it self more credible ; nor is one man's believing an assertion just ground for another man to believe the same . such an oath therefore is in vain , and not a fit medium to end such a controversy . now how far your declaring in your oath that no foreign prela●…e hath nor ought to have any iurisdiction spiritual within this realm , and the interpretation of it pursuant to the th article delivering the plain words , the bishop of rome hath no iurisdiction , &c. may bring you within the verge of swearing what is dogmatical , i leave you to judge : but shall take the liberty to tell you , that when i see some of our laws , and particularly this about our oath girdled with so many interpretations like new tender-sided ships , i shall be apt to take little pleasure in embarquing my conscience in such an oath , and am apt to call to mind the censure which mr. milton's character of the long parliament of . fulminates against his countrymen , and by which he so much disables our understandings as to political government ; and saith , that the sun which we want , ripens wits as well as fruits , and as wine and oyl are imported to us from abroad , so must ripe understanding , &c. b. but however , tho our wine and oyl are imported to us from abroad , our dispensations are not , and we have no occasion to send gold to rome for lead : and i assure you , he who shall consider that the english virtuosi were the last that did receive the yokes of the old imperial and later papal power of rome , and the first that threw them off , will tho we are crasso sub aëre nati , have no cause to vilifie our understandings , but rather to envy their triumphs over infallibility so call'd . and perhaps when i shall have told you of another passage of the bishop , p. . in his schism guarded , you will think the eyes of our ancestors understandings did look out sharp when the two statutes of the th of h. . and o eliz. were made ; and there he saith , suppose any of our reformers have run into any excesses or extremes , either in their expressions , or perhaps in their actions ( it is a difficult thing in great changes to observe a just mean ) it may be out of humane frailty , as lycurgus out of hatred to drunkenness cut down all the vines about sparta , or it may be out of policy , as men use to bend a crooked rod as much the contrary way , or as expert masters of musick do sometimes draw up their scholars a note too high , to bring them to a just tone , what is that to us as long as we practice the mean and maintain the mean , and guide our selves by the certain line and level of apostolical and primitive tradition ? there is no doubt but in the framing of the statute of o eliz. and the oath therein , regard was had to the oath in the th of h. . c. . viz. i having now the veil of darkness of the usurped power , authority and iurisdiction of the see and bishops of rome clearly taken away from mine eyes , do utterly testify and declare in my conscience , that neither the see nor the bishop of rome , nor any foreign potentate hath nor ought to have any iurisdiction , power or authority within this realm , neither by god's law , nor any other just law or means , &c. and that i shall never consent nor agree that the aforesaid see or bishop of rome , or their successors , shall exercise or have any manner of authority , iurisdiction or power within this realm , &c. and this oath remain'd the same all the rest of his reign , and all edward the th's time : and as to which queen elizabeth changed the expression of supreme head : and both harry the th , and she having their eyes on the effect of papal excommunications , and concern'd to have the nullity of them believed by their subjects , might seem according to the primate's expression to bend the crooked rod of the papal iurisdiction overmuch the contrary way in their oaths , that so it might come to that just straitness referr'd to according to the primate's measures of it . but after all i shall tell you , that i think no political respects can justifie the putting doubtful expressions into an oath , or the taking of one with mental reservations of a sense different from the common one of the words , and i do therefore joyn issue with you in the point , that the clause in the oath , that no foreign prelate hath or ought to have any iurisdiction , &c. being the very same in the th article , ( and in the interpretation of which article , king iames his canons have , as you said , made you a sharer with the clergy ) you and all others who take the oath may be thankful for the benefit of that king , having further exercised the dispensative power of his interpreting the whole intent of that oath : and that interpretation of it which hath made the coast of the oath clear to you in this point , you will find agreeing to what he hath in our language publish'd to the world , and dedicated to eternity . for he having in his premonition to all christian monarchs mention'd how he caus'd the house of commons to reform a clause they had put into the oath of allegiance derogatory to the pope's spiritual power , viz. that the pope had no power to excommunicate him , and that he was ready to consent that the bishop of rome should have the first seat , and be patriarch of the west , and be primus episcopus inter omnes episcopos & princeps episcoporum , so it be no otherwise but as peter was , princeps apostolorum , takes occasion in his apology for the oath of allegiance to let the world know his royal judgment of the intent of the oath of supremact ; and there in confutation of the pope's breves , and bellarmine's letter , he saith in p. . that the rendring christian kings within their own dominions , governors of their church as well as of the rest of their people , in being custodes utriusque tabulae , not by making new articles of faith , &c. but by commanding obedience to be given to the word of god , by reforming religion according to his prescribed will , by assisting the spiritual power with the temporal sword , by reforming corruptions , by procuring due obedience to the church , by judging and cutting off all frivolous questions and schisms as constantine did , and finally by making decorum to be observ'd in every thing , and establishing orders to be observ'd in all indifferent things for that purpose , is the only intent of the oath of supremacy : and whereby as he effectually confuted the cardinal , whose letter charged the oath of supremacy as tending to this end , that the authority of the head of the church in england may be transferr'd from the successor of st. peter to the successor of king henry the th , and to oppose the primacy of the apostolick see ; so at the end of his book he shews that his design of publishing the same , was to satisfie all his good and natural subjects , and likewise strangers , about the things therein contain'd ; and whereby the king's mind was publickly notify'd that in the right done to the crown by the oath of suprema●…y as well as of allegiance , there was no wrong intended to st. peter , or his successors . a. i hope you have now put a period to the history of the dispensative power of the crown , that was exercised in-the interpreting of any parts of the oath of supremacy , or the th article thereto relating . you have named to me so many interpretations of the oath , that according to the wisdom of our state , and the lex & consuetudo parliamenti making a bill to be thrice read in each house of parliament , and then receiving the royal assent to be thought like gold seven times purify'd , may shew the interpretation of the law to be so too . but tho i will account any good law to be more precious then gold , yet if like gold it be too far extended by ductile interpretation , it may be drawn to such a thinness as to lose all its weight and estimation , and retain only a poor tincture and colour that will signifie little or nothing . and as pliny in his panegyrick on trajan said , that by reason of the multitudes of sutes upon penal laws in rome , there was danger till trajan's time , ne civitas fundata legibus , legibus everteretur ; so a law whose obligatoriness is founded on interpretations may be endanger'd by the multitudes of them to be destroy'd , and may like the papal laws of new rome by the infinite interpretations of casuists in the forum internum ( which is their tribunal ) be brought to signifie nothing in either forum , and to be only an engine to make perplexities . you have given me here such a genealogy of interpretations , that according to the common story of arise daughter , &c. one may say , arise interpretation , and go to thy interpretation , &c. i shall therefore be glad now you have been so largely communicative of your thoughts to me about the assertory part of the oath , you will deal as frankly with me in acquainting me with what may in the promissory part of the oath be of importance for me to know in order to the better discharge of my duty in the case before me . b. i shall therein be most ready to serve you when we meet next : for the entire consideration of what according to the assertory part of the oath you are obliged to do , will i see , be as great a load as both our patiences will at this time bear ; and therefore according to the saying of must is for the king ; i am to tell you , that let our kings make never so many interpretations one after another of this your oath , you must ( finding them all consistent with one another ) consider them all with all due regar●… 〈◊〉 thank god and them when their consciences being inclined to a tenderness for the doubting of yours , they interpose their dispensative power of that kind . and hereupon i shall tell you that in the year . king charles the first did cause the articles to be reprinted , and with a declaration before the same made by him as supreme governor of the church within his dominions , that those articles contain the true doctrine of the church of england , and that if any difference should arise about the external policy concerning injunctions , canons or other constitutions whatsoever belonging to the church of england , the clergy in their convocation , is to order and settle them , &c. he approving their said ordinances , &c. that the bishops and clergy shall have licence under the broad seal to deliberate of , and do all such things as being made plain by them and assented to him , shall concern the setled continuance of the doctrine and discipline of the church of england , &c. and then having respect to the article wherein the arminians and antiarminians were concern'd , 't is order'd , that no man hereafter shall either print or preach to draw the article aside any way , &c. but the first canon that was afterward ( viz. a. . ) made , was that concerning the regal power , which begins with taking notice that sundry laws , ordinances , and constitutions had been formerly made for the acknowledgment and profession of the most lawful and independent authority of our dread sovereign lord the king over the state ecclesiastical and civil , and then enjoyns them to be all carefully observ'd by all persons whom they concern upon the penalties in the said laws and constitutions express'd , and then decrees , that the clergy shall read the following explanation of the regal power : and where the words , a supreme power is given to this most excellent order ( i. e. of kings ) by god himself in the scriptures , which is , that kings should rule and command in their several dominions all persons of what rank or estate soever , whether ecclesiastical or civil , and that they should restrain and punish with the temporal sword all stubborn and wicked doers , shew they had then the th of the articles in their eye : and some other words , viz. for any person or persons to set up , maintain or avow respectively under any pretence whatsoever , any independent coactive power , either papal , or popular , &c. is to undermine their great royal office , shew they had an eye on that th article , and on your oath , and where they did speak out that sense of the clause , the bishop of rome hath no iurisdiction , &c. and of the words in the oath , that no foreign prelate hath or ought to have any iurisdiction , &c. that is , that the bishop of rome had here no independent coactive iurisdiction , the sense in which all considerate persons who were members of the church of rome in harry the th's time , and of the church of england in edward the th's time , took the old oath of supremacy , and the members of the church of england in queen elizabeth's time and ever since took the new one . as for non-conformists , who think the government of bishops unlawful , this clause , that no foreign bishop hath or ought to have any iurisdiction in the forum internum wanted no relief in their case from the dispensative power of interpretation . nor did those of the church of england who convers'd with the statute-book want the crown 's interpretation of this clause in the oath ; for the scope of the statute of the th of h. the th , that enjoyn'd the old oath of supremacy ( and from whence this clause in the new one had its rise ) was not to break the measures of st. cyprian about the unity of episcopal power , but in effect to repress the usurp'd independent coactive power of the bishop of rome , and which several of the following words in that oath sufficiently evince , and which did bind the swearer to defend and maintain all other acts and statutes made or to be made within this realm for the extirpation and extinguishment of the ururped and pretended authority , power and iurisdiction of the see and bishop of rome , &c. and queen elizabeth finding the oath thus , at her coming to the throne , she like a wise reformer , would not make any breach in the world wider then necessity required ; and probably supposing that mens allegiance having been used to the yoke of several words in that oath that related to the renouncing and farsaking of foreign iurisdiction , would draw more quietly in the same , and that according to the rule of quod necessario subintelligitur non deest , there being no solutio continui imagin'd by any to be design'd in the unity of the episcopal power , when the clause of utterly testifying and declaring , that neither the see nor bishop of rome hath nor ought to have any iurisdiction , power or authority within this realm , &c. was inserted in the old oath , it ought to be judged that nothing derogatory to the order of bishops could be intended in the clause of the new oath by her introduced . and according to the rule of analogum perse positum , &c. jurisdiction being to be taken for coactive jurisdiction , the clause relating to any foreign prelates having here no iurisdiction hath been still meant of none coactive . mr. rogers therefore writing on the articles , hath thus fairly commented on that clause in the th , the pope hath no iurisdiction , &c. his iurisdiction hath been and is justly renounced and banish'd out of england by many kings and parliaments , as by king edward st , d , and th : by king richard the d , harry the th , th , th , and by queen elizabeth , and by our most noble king james . but that the church of england intended no war against the unity of episcopacy by the canons of . ( which yet have the words of popery's being a gross kind of superstition , and of the mass being idolatry , and do ininflict a temporary disability , namely that of excommunication on popish recusants ) may appear by the tenderness there used to the church of rome in sparing to impute the superstition of popery to that whole church by name . and the th canon , having mention'd the convocation's being desirous to declare their sincerity and constancy in the profession of the doctrine and discipline establish'd in the church of england ( i. e. the doctrine of the articles ) and to secure all men against any suspicion of revolt to popery , or any other superstition , and enjoyn'd a new oath against all innovation of doctrine or discipline to be taken by the clergy ( the assertory part whereof hath in it an approbation of the doctrine and discipline or government established in the church of england , as containing all things necessary for salvation , and the promissory part , a promise not to endeavour to bring in any popish doctrine contrary to that which is so establish'd , &c. and not to give consent ever to subject it to the usurpations and superstitions of the see of rome ) mr. bagshaw in his argument in parliament concerning those canons , took occasion to criticise on the not subjecting out church to the usurpation and superstitions of the see of rome , and to call it a negative pregnant ; that is to say ( as his words are ) you may not subject the church of england to the see of rome , but to the church of rome you may . now there is as much difference between the see of rome and the church of rome , as betwixt treason and trespass , and this appears plainly by the statute of . eliz. c. . where it is said , that to be reconciled to the see of rome is treason : but to be reconciled to the church of rome is not treason ; for then every papist would be a traytor , being a member of the church , and therefore reconciled to it . now the see of rome is nothing else but the papacy or supremacy of the pope , whereby by virtue of the canon , unam sanctam , made by pope boniface the th , he challengeth a superiority of iurisdiction and correction over all kings and princes upon earth : and those persons which take the juramentum fidei contain'd in the end of the council of trent , which acknowledgeth this supremacy , are said to be reconciled to this see. the church of rome is nothing else but a number of men within the pope's dominions and elsewhere professing the religion of poperty : and that the clergy had an ill meaning in leaving this clause in the oath thus loose , i have some reason to imagine when i find it in their late books , that they say the church of rome is a true church , and salvation is to be had in it . and if it were tanti after having said so much , to say yet any thing more to prop up the safety of your taking the oath of supremacy with the clause whose sense hath been propp'd up by so many acts of the dispensative power of interpreting , i could tell you that in sir iohn winter's observations on the oath of supremacy , printed a. . he having there consider'd queen elizabeths interpretation in the admonition , and the confirmation of that admonition by her majesty in parliament by the proviso in the statute of o eliz. c. . and the whole drift of the statute o eliz. by which the oath was enacted , and what bishop carleton and the primate bramhal writ of the ancient jurisdiction restored to the crown by that statute , and that on the whole matter the design of the oath was not to invest her with the exercise of the spiritual jurisdiction left by christ to his apostles and their successors , but to leave that entire to them , saith at the end of his book , that it is not the true meaning of the oath explain'd in manner as abovesaid , which makes many of the roman-catholicks refuse to take it , &c. and then makes the explanations not being known to all , and their intricacy , and the constant tendring of the oath for so many years without the aforesaid explanation , likely to give just cause of scandal , and thereupon he wishes that that oath , and the other of allegiance which are required of them under so great penalties , may be clear'd of those doubtful expressions in them which cause their scruples , &c. whereby they may to the entire satisfaction of his majesty and the nation , fully testifie the allegiance and fidelity of faithful subjects and true patriots , and no longer remain as they generally now do distrusted , &c. but there was another book that year publish'd by a roman catholick , of which the title was a seasonable discourse shewing how that the oaths of allegiance and supremacy ( as our laws interpret them ) contain nothing which any good christian ought to boggle at , and where the saying of tertullian is quoted , bonae res neminem scandalizant , ni●… malam mentem , &c. and where having taken notice of the queen's admonition , and the proviso of the statute of o eliz. and the th article , and the iudgments of the bishops , bramhal and carleton , as sir iohn winter had done ( and for the same purpose ) giveth his judgment that the taking of those oaths gives no scandal : and he in p. . averrs , that sir john winter told him many years ago that he had the iudgment of sorbouists , secular priests , and iesuites , that he might take the oath of supremacy , declaring the sense which the law allows . and i shall here by the way take notice that as to the oath of allegiance , f. cressy saith in his epistle apologetical , p. . that few roman catholicks ( if any at all ) would refuse that oath if that unlucky word heretical were blotted out , &c. or if they might change heretical into , contrary to the word of god , which ( he saith ) he verily believes was the sense intended by king james . but now after all this said , i shall tell you that according to what is observ'd by the generality of writers , o●… princes easing their subjects by their dispensative power of interpreting their laws , viz. that they take occasion then to intermix with such interpretation somewhat else that may advance their power ; there were fears and iealousies that some of these foremention'd interpretations , tho lessening the spiritual power of the crown might enlarge its temporal , and particularly such as in the queen's admonition mention'd the duty , allegiance and bond acknowledg'd to be due to harry the eighth , and edward the sixth : and ( as i partly before hinted ) such as in the proviso in the act of the th of the queen , that ratifying the admonition hath in it the additional words of acknowledging in her majesty , her heirs and successors the authority that was challenged and lately used by harry the eighth , and edward the sixth , and such as in the th article explain'd the queen's power by that given by god himself to all godly princes in scripture ( and where notwithstanding the word godly being put in there to gild the pill of the absolute power of the iewish kings , and to make it be the more easily swallow'd , the real meaning was the power given to all the iewish kings : for the right of their power depended not on their godliness ) and such as in the canons of king iames ipso facto excommunicate all that do not give the king the same authority in causes ecclesiastical , not only that the godly kings had among the iews , but what the christian emperors had in the primitive church . and there too notwithstanding the word christian might be for the like reason put in as that of godly was , and to cause the owning of that absolute imperial power , which pursuant to the lex regia was used by the christian emperors as well as their heathen predecessors in punishing heterodoxy ad libitum , the meaning of the canon was not to devest heathen emperors of their right of judging about matters of religion , and as to which grotius in his letter to the states embassador , having said , neither would paul have appeal'd to nero , had he judged that no right of iudging in a case of religion belong'd to him , addeth , wherefore as trajan civilly honest , nero wicked are equal in the right of government , so pious constantine and impious nero , are equal in the right of judging , in aptitude and skill unequal . the canons therefore of forty , enjoyning the explanation or interpretation of the regal power there inserted to be one sunday in every quarter of the year read by the clergy to their flocks , did well provide for the cautioning them as against the setting up any independent coactive power either papal or popular , so against fears and iealousies relating to their properties in their goods and estates : and by that explanation they shew that christ came not to undermine or disturb , but to confirm the civil government of pagan princes , and that in the first times of christ's church , christians were ready to submit their very lives to the very laws and commands of those princes . a. but doth that explanation of the regal power assert any thing in defence of the dispensative part of it ? b. you see how without wyre-drawing any consequences , the very first paragraph of the explanation doth both strengthen the foundation of the assertory part of your oath , we have been so long discussing , and strike out new lights in the fabrick of the oath . you see it tells you downright , that a supreme power is given to the order of kings by god himself in the scriptures , which is that kings should rule and command in their several dominions , all persons of what rank or estate soever , &c. and the explanation doth effectually enough provide by the second paragraph that kings should take care that none in their dominions but the stubborn and evil doers may be restrain'd with the temporal sword : for it saith , the care of god's ▪ church is so committed to kings in the scripture , that they are commended when the church keeps the right way , and taxed when it runs amiss : and therefore her government belongs in chief to kings . for otherwise one man would be commended for another's care , and taxed but for another's negligence , which is not god's way . and this is an argument taken ab absurdo , and the strongest that can be used in law , and not to be set aside but by the alledging something as more absurd against it ; and amounts to this , that it is absurd that kings who are commended , when those who are not stubborn nor evil doers are not under any restraint by the temporal sword ( for the church runs not the right way , when that sword is a terror to any but evil doers ) and tax'd on the contrary being done , should not be judged to be authorized to exempt those from all restraint thereby . and when the people are not liable to blame for kings erring in their judgment about the persons to be so exempted from restraint , nor to be commended or rewarded for their not erring therein ; can any thing be more absurd , then for the independent coactive power of kings it self to be restrain'd to the punishing such as they shall judge innocent ? but the two tenderest things in the world are sovereign power and conscience , and both of them were made with a godly iealousie and tenderness to support one another ; and that tender-conscienced prince who confirm'd this canon , did in it variously dispensare in lege , as i may properly say with allusion to suarez de legibus , where in stead of using the common expression of dispensing with laws he so frequently mentions that of dispensing in them , and thereby doth seem to take off somewhat of the harshness of questions about popes or princes dispensing with laws . for when sovereigns do dispensare in lege , they really distribute their sovereign power throughout the body of their respective laws for their preservation , and as the heart doth dispense or distribute blood in and throughout the body-natural , and the brain animal spirits throughout the genus nervosum all the body over . and here the king having a tender regard to the firm and infirm consciences of his people respectively , and to their various capacities of understanding , and he being as zealous for all their keeping their oaths of supremacy and allegiance , as any prince could be for their taking them , doth in the beginning of the canon , let such as you know ( who have been brought up to study , and who have a tenacious memory , and could remember more interpretations of the oath then i have recounted to you if they had been given by our princes ) that whereas sundry laws , ordinances and constitutions have been formerly made for the acknowledgment and profession of the most lawful and independent authority of our dread sovereign lord the king 's most excellent majesty over the state ecclesiastical and civil , &c he doth enjoyn them all to be carefully observ'd by all such persons whom they concern upon the penalties in the said laws express . here then the acts of parliament before-mention'd , and the oaths , and articles , and canons , and authentick interpretations appear to look you in the face , and the articles particularly do so to the clergy as having subscribed them . but that pious prince as their sovereign pastor , being desirous that his clergy should gently allure the layety with line upon line , and precept upon precept to keep their faith to god , and loyalty to himself , rather then by interpretation upon interpretation of their oaths , would not in this canon have them frighted with the sight of the oaths themselves , and which are there not named : and all archbishops , bishops , and inferior priests are moreover by the canon required to preach , teach , and exhort their people to obey , honour , and serve their king , and that they presume not to speak of his majesty's power any other way then in this canon is exoress'd ; but which canon gives them a very fair licence to speak to their people of and for the king's power of disabling and of rehabilitating his subjects . for it disables the publick ab●…ttors of any position contrary to the explications of the regal power therein , by excommunicating them till they repent , and for the first offence suspends them two years from the profits of their benefices , and for the second deprives them of all their spiritual promotions : and it was in the canon before said , that if any parson , uicar , curate or preacher , shall neglect his duty in publishing the said explications , &c. he shall be suspended by his ordinary , till such time as upon his penitence he shall give sufficient assurance or evidence of his amendment , and in case he be of any exempt iurisdiction , he shall be censureable by his majesty's commissioners for causes ecclesiastical . and the canon makes any offenders against it in the universities , as being exempt jurisdictions , there censureable , or before his majesty's commissioners for ecclesiastical causes ; and so you have the canon likewise by securing the rights of exempt jurisdictions asserting the dispensative power . but if you will take mr. bagshaw's word in his first argument in parliament concerning the canons , he there tells you that that very canon of the convocation containing the explanation of the regal power , did necessarily imply their declared sense of the laws being dispens'd with : for saith he , in making determinations concerning royal power , they have done against law , and have medled with things of which they have no conusance : for the exposition of them belongs to the iudges of the land , and they have no more right to expound them , then the iudges have to expound texts of scripture . and we know that our laws have been so careful of preserving the judges right of interpreting them , that they allow not the bishops and their officials power to interpret any acts of parliament , tho made about matters of their jurisdiction , and matters merely spiritual : as appears out of hobart . . spenloe's case , and coke . inst. where he saith , that an act of parliament made about things merely spiritual shall be construed by the common law 〈◊〉 judges . but how far the disabling by the power of his majesty's commissioners for ecclesiastical causes such who explain'd not the regal power according to that canon might appear as an instance of the prerogative of disabling and of occasional re-ennabling ; mr. bagshaw's second argument in effect exposeth it to consideration , by mentioning that the last letters patents of the high commission were mich. . car. in which are contain'd all things , wherein the commissioners were to meddle , and that therefore the punishing of any there on the account of this new canon made not a year ago , could not be pursuant to those letters patents . his first argument likewise wherein he gives his iudgment , that by law that convocation was dissolv'd by the dissolution of the parliament , may let us see how far they in making any canon depended on the dispensative power of prerogative . but any one who hates faction will find that that author did needlesly inflame the minds of that parliament of forty against those canons and particularly with the foremention'd exception against the first on the account of the explanation of the regal power having not been made by the iudges , and where the exception doth through the sides of the convocation strike at the honour of that king by whom those canons were confirm'd . his majesty in his memorable speech at the prorogation of the parliament on the th of october . occasionally said , i command and all you that are here , to take notice of what i granted you in your petition ( i. e. the petition of right ) but especially you my lords the iudges , for to you only under me belongs the interpretation of the laws : for none of the houses of parliament joynt or separate , have any power either to make or declare a law without my consent . nor will any one wonder at the tenderness of any crown'd heads in preserving their right , as to the interpretation of their laws , who hath consider'd that the usage of the ancient romans in making their civil law to be among the things sacred and ceremonies of their gods preserv'd in the collegium pontificum , and appropriating the interpretation of it to their pontifices , did induce augustus to be inaugurated pontifex maximus , and likewise all the roman emperors from augustus to gratian to assume that title : and that the christian emperors , tho as one saith , à fucris romanorum & hoc pontificis nomine abhorrebant , in suis tamen elogiis & nummis passim se pontifices maximos dici passi sunt , quod ad hodiernum diem r●…dera . romana inspicientibus satis consta●… nor yet will any one find cause to reflect on the memory of that our prince for want of consulting his iudges in the interpretation of his laws in general : nor even of this his ecclesiastical law in particular about the explanation of the regal power . for heylin in his history of archbishop laud , saith , that so tender was his majesty , that before he gave his consent that the canons of . should be tender'd to the clergy , to be subscribed , ●…e caus'd them to be publickly read in councel , and before the iudges there , and by all whom they were approved , &c. and if mr. bagshaw had consider'd what himself had said of the iudges having no right to expound texts of scripture , and how the convocation in that canon did introduce the supreme power given to kings by god himself in the scripture , and explain'd by regal power , kings ruling and commanding in their several dominions all persons of what rank , or estate soever , and that they should restrain and punish with the temporal sword all stubborn and evil doers ; and likewise what was before mention'd in the second paragraph of the explanation , viz. of the care of god's church committed to kings in the scripture , he would have found the interpretation of the regal supremacy as built on the scriptures by that ca●… ( and approved too by the judges of the land ) to have not been exorbitant . the words in the th of the romans , of the higher powers being the ordinance of god , and of bearing not the sword in vain , and of being the minister of god , and a revenger to execute wrath on him that doth evil , and of rendring therefore to all their dues , fear to whom fear , honour to whom honour ; and the words in s. peter of submitting our selves to every ordinance of man for the lord's sake , whether it be to the king as supreme , or unto governors , as unto them that are sent by him for the punishment of evil doers , and for the praise of them that do well , and other passages in scripture , and particularly in the old testament , were in the eye of the convocation in their so explaining the regal power , and you may if you please have them now in your eye , while you are considering the case before you , and see how far you are bound to submit to all governors who shall be employ'd by the king in the executive power of his laws against evil doers , and for the praise of them that do well ; and how you are not to disparage such governors who are so sent for such praise . but it is not to be wonder'd at that the iudges approved of the contents of that explanation of the regal supremacy , and particularly of the power of punishing evil doers as inherent in the crown , since the same hath been declared so by so many acts of parliament , and of which i shall name one to you that i have not yet referr'd to , viz. that of o mariae , c. . sess. . of the second parliament , of which the title is , the regal power is in the queens majesty as fully as it hath been in any her progenitors , and where 't is said that for as much as the imperial crown of this realm with all dignities , honours , prerogatives , iurisdictions and preheminences thereunto annex'd , united and belonging , by the divine providence of almighty god is most lawfully and rightfully descended and come to the queen's highness that now is , &c. and invested in her royal person according to the laws of this realm , and by force and virtue of the same all regal power , dignity , honour , authority , preheminence doth appertain and of right ought to appertain and belong unto her highness as to the sovereign supreme governor and queen of this realm and the dominions thereof in as full large and ample manner as it hath done heretofore to any other her most noble progenitors kings of this realm , ( the ample manner of harry the th's power is not therein excepted ) nevertheless the most ancient statutes of this realm being made by kings then reigning , do not only attribute and refer all prerogative , preheminence , power and iurisdiction royal unto the name of king , but also do give , assign and appoint the correction and punishment of all offenders against the regality and dignity of the crown , and the laws of this realm unto the king , &c. and considering that a popish parliament of queen mary's did give this their august declarative sense of the executive power , of punishing all offenders against the regality and dignity of the crown ( which is the great offence taken at popery ) and the laws of the realm , as belonging to or inherent in our kings by virtue of their being supreme governors of the realm , and that this supreme power was committed to her and her progenitors by the divine providence of almighty god , shall your acknowledgments of such supreme power of your prince be narrower then any of papists ? you know how wary and careful our english princes have always been that their subjects might see them hold the reins of the executive power of the law in their hands , and that none but the stubborn and evil doers need fear the being over-run by it . and while i happen to think of the memorable expression of a loyal lord in a speech in a late parliament of the unreasonableness of any ones suffering merely by the word proditoriè being put into the charge of a thing that was not in its self evil , and as if it were said that such an one did traiterously pass over the thames in a boat : i likewise think of the reasonableness of our laws in providing for the common safety by the prince being allow'd to hold the sail of the executive power in his own hands , and which otherwise if ty'd fast about the boat might cause it upon any sudden gust of wind to be overset . you know therefore how king iames the first in his apology for the oath of allegiance , in answer to the pope's first breve , thought himself obliged in justice for the maintenance of that executive power of the crown to say as to the pope's expressing his sorrow for that persecution which the catholicks sustain for the faiths sake , wherein beside the main untruth whereby i am so injuriously used ( as if he had thought it a personal injury to himself that any one in his realm should be persecuted for religion ) i must ever avow and maintain as the truth is , according to mine own knowledge , that the late queen of famous memory never punish'd any papist for religion . he doth not say , her laws , and ministers , but she never punish'd , &c. he well knew that if papists had been punish'd for their religion in her reign by iudges , and iuries , and sheriffs , that it was she had punish'd them . and accordingly he in his premonition to christian monarchs doth more regio , and with a style of majesty relating to his executive power , thus tell them , viz. and yet so far hath both my heart and government been from any bitterness , as almost never one of those sharp additions to former laws hath ever yet been put in execution . well , sir , in fine i leave it to you to consider on the whole matter how far the contents of that canon , and particularly what is declared therein about the care of god's church being so committed to kings in the scripture , that they are commended when the church keeps the right way , and blamed when it runs amiss , and therefore her government belongs in chief to kings , &c. do shew that kings not only may , but ought out of a regard to their own souls to provide that where the safety of their subjects souls is concern'd , their dispensative power by the interpretation of their laws , and the relaxation of their rigour in particular cases may be exerted . i doubt not but you have observ'd many more cases wherein the royal martyr to prevent imminent peril of soul was put to it to exert such his power . a. i remember not to have read of more . b. no ? if you had read the articles printed in the edition that i have done , with his declaration prefix'd thereunto , you would find that there being a high ferment about the arminian controversie in the church of england , and the arminian and anti-arminian divines ( who both had subscribed the articles ) appropriating the sense of them to both their perswasions , and too many drawing then the sense of them too much aside , and all of them professing themselves bound in conscience by the laws that required their subscription to the articles , and that their subscription to them , was to be taken in the imposers sense , and that as to the article of the king 's being supreme governor of the church of england , it being supposed ( as the words in the declaration are ) some differences might arise concerning the external polity , injunctions , canons , or other constitutions thereto belonging ; his majesty by his declaration again ratifying the articles , and particularly publishing that he was supreme governor of the church of england , did notify his pleasure , that as to any such differences arising as aforesaid , the clergy in their convocation should order and settle them , he approving their ordinances , &c. and to the end they might not trouble themselves or the church by putting their own interpretations on the articles , he requires their taking the articles in the literal and grammatical sense , and notifies that literal sense as restrain'd to the way of the general expressions in the articles , and such as the divines of the several perswasions took as making for them : so that now by his majesty 's thus interpreting that sense , they might warrantably continue so to do . and according to what hath been said of manna , that it was that to every man's taste wherewith it was pleas'd most , mens sense of the articles might be so too , by means of the declared complaisance of his majesty therewith . a. one would then the less wonder at the complaisance of the clergy with that king's power of dispensing in his laws by interpreting or declaring . b. i could tell you of another passage in his reign that will shew you how our bishops made use of that power as their sheat anchor to preserve the hierarchy in the storms it met with : and how then the bishops issuing out the processes of their ecclesiastical courts in their own names , was by the artifice of the faction improved as an occasion of making a very great ferment in church and state , and such a one as nothing but the royal power of interpretation , or of declaring the law , could settle . and therefore archbishop laud in his epistle to the king before his famous star-chamber speech , did in the name of the church of england then think himself obliged to apply to the king in a most pathetical and solemn manner to exert that great power in that conjuncture : viz. i do humbly in the churches name desire of your majesty , that it may be resolv'd by all the reverend iudges of england , and then publish'd by your majesty , that our keeping courts and issuing process in our own names , and the like exceptions formerly taken and now renew'd , are not against the laws of the realm ( as 't is most certain they are not ) that so the church governors may go on cheerfully in their duty , and the peoples minds be quieted by this assurance , that neither the law , nor their liberty as subjects is infringed thereby . the many pamphleteers of the faction who attacqued the hierarchy , ●…eproached them with the non-observance of humane laws , and charged their proceedings with illegality , because by the statute of o e. . c. . that required processes ecclesiastical to be in the king's name , it was declar'd , that the bishops sending out their process in their own names was contrary to the form and order of the summons and process of the common-law used in this realm . and therefore as heylin tells us in the life of archbishop laud , p. . in a. . the king accordingly issued out his proclamation declaring , that the bishops holding their courts , and issuing process in their own names were not against the laws of the realm , and the iudges resolutions were therein notify'd to that purpose . and upon all motions afterward for prohibitions to the ecclesiastical court upon the pretence of their processes not issuing out in the king's name according to that statute of e. the th , the currant law hath still been in westminster-hall for keeping up the sense of his majesty declared in his proclamation as to that point . according to the manner then of praising the bridge we go over ; the church of england having in queen elizabeth's time been preserv'd by the regal power of interpreting express'd in her admonition , and by the like power in the time of king charles the first , and the salus animae having been at stake as to the oath in her time , and as to the avowed principle of the church of england about humane laws binding the conscience in his time ; the use of that dispensative power being like a bridge that kept them from falling into the pit of perdition , deserv'd their praise . that eminent divine mr. iohn ley in his learn'd book call'd defensive doubts and reasons for refusal of the oath imposed by the sixth canon of the late synod , ( i. e. that in the year . ) saith there , p. . and , &c. there are some of our brethren , who ( in good will to themselves and us ) have undertaken to expound the oath so as that they and we without scruple may take it . and we take kindly their good intention , and in good will to them again request them to consider , that a private interpretation of a publick act can give no satisfaction unless it be either expresly or virtually allow'd by the highest authority that doth impose it : and then it is made publick , &c. but the authority of interpretation of any doubt in such a publick act , belongs properly not to private but publick persons , &c. for private men tho learn'd , if they take upon them the interpretation of publick dictates , may be more like to light on mutual contradictions of each other , then on the true and proper construction of the text they interpret . so did vega and soto , soto and catherinus , who wrote against each other contrary comments on the council of trent . in which respect it was a wise advice given to the pope by the bishop of bestice , viz. to appoint a congregation for the expounding of the councel : and well follow'd by him when he forbade all sorts of persons , clerks or laicks ( being private men ) to make any commentaries , glosses , annotations , or any interpretation whatsoever on the decrees of that councel . dr. burgesse indeed made an interpretation of his own subscription , but there had been no validity in it ( as we conceive ) unless it had been allow'd by the superior powers . and so it was : for ( as he saith ) . it was accepted by king james : and the archbishop of canterbury affirm'd it to be the true sense and meaning of the church of england . he refers there to dr. burgesse in his answer to a much applauded pamphlet , praefat. p. . a. your mentioning that of dr. burgesse his interpretation of his subscription minds me of what i have read at the end of his book call'd no sacrilege nor sin to alienate or purchase cathedral lands , viz. in his postscript to dr. pearson , and his no necessity of reformation of the publick doctrine of the church of england , printed a. . where he saith , as touching the regal supremacy , we own and will assert it as far as you do or dare . only we had reason to take notice of the improper expression in the th article that the queen's majesty hath the supreme power . for if the declaration father'd on the late king , and prefix'd to the articles , had so much power with his printer , that he durst not alter the word queen into king even in the year , and those articles must be read verbatim without alteration or explanation , then we say again there is a necessity of reforming that article in the expression of it : and not to talk at random what was indeed the meaning , unless we may have leave when we read it ( regiâ declaratione non-obstante ) to declare the sense which the declaration alloweth us not to do . but the truth is , that exception of the doctor to the articles may well pass for a scruple , or rather a cavil : and at this rate we should be put to it to say , o king interpret for ever . b. you say right . dr. pierson in that judicious book of his , call'd no necessity of reforming the doctrine of the church of england , well observes that the th article hath express reference to the queen's injunctions set forth in the year . and those injunctions take particular care , that no other duty , allegiance , or bond should be required to the queen , then was acknowledged to be due to the most noble kings of famous memory , king henry the th her majesty's father , or king edward the th , her majesty's brother . the words of the article declare that the doctrine contained in it , concerneth all the kings as kings . the title in general is of the civil magistrates , and the words run thus . , where we attribute to the queen's majesty the chief government we give not to our princes , &c. shewing that what they gave to ▪ her , they gave to all the kings of england . which will appear more plainly out of the first latine copy printed in the time of queen eliz. in the year . read and approved by the queen , the words where●…f are these , cum regiae majestati summam gubernationem tribuimus , quibus titulis intelligimus animos quorundam calumniatorum offendi , non damus regibus nostris aut verbi dei aut sacramentorum administrationem , &c. being therefore the article expresly mentioneth and concerneth the kings of england , as they are the kings of england , the mention of the queen's majesty in the article can make the doctrine no more doubtful then it doth our allegiance in that oath which was made o eliz. where the heirs and successors of the queen are to appoint who shall accept the oath , the words of which are that the queen's highness is the only supreme governor of this realm . but i hope the heirs and successors of queen elizabeth did never appoint that oath to be taken in the name of the queen's highness , but in their own . it may be supposed that some such like cavilling or scrupling humour possess'd the fancies of some in the beginning of the reign of king iames the first : and that some occasion was thereby given to that prince in those his canons , expresly therein maintaining the articles , and the subscription thereunto , and particularly in the th canon there to enjoyn a subscription to three articles in such manner and sort as is there appointed , and of which the first is , that the king's majesty under god is the only supreme governor of this realm , and of all other his highness dominions , &c. and that no foreign prince , person , prelate , haue or ought to have any iurisdiction , power , superiority , preheminence , or authority ecclesiastical or spiritual , &c. and in which the words have or ought to have , might possibly be inserted out of a royal complaisance with the desires of some scruplers in whose behalf the famous dr. rainolds moved the king at the hampton-court conference that to the position in the th article , viz. the bishop of rome hath no iurisdiction in this realm of england , might be added nor ought to have : but which motion the king then rejected as a thing superfluous , and saying , habemus quod jure habemus . you may find an account of this two●…old subscription in coke . inst. c. . and where he saith , subscription required by the clergy is twofold : one by force both of an act of parliament confirming and establishing the articles of religion agreed upon at a convocation of the church of england , and ratify'd by queen eliz. ( . eliz. c. . ) another by canens made at a convocation of the church of england , and ratify'd by king james . a. i had thought you told me that the articles owed no confirmation nor authority to that act of the th of eliz. b. i did tell you so : and do think that when my lord coke used the word confirming , he spake cum vulgo , or as the word is taken minus propriè and as it is taken in declarative acts of parliament sometime to mean declared , and as i and others may in discourse sometimes use the word . but ( speaking properly ) to confirm being firmum facere , i. e. what was not so before , you are not to think that the parliament in o eliz. did so . they enacted what was by the queen before authorized , and as the words there are about the articles , viz. put forth by the queen's authority . and you may too for this purpose consult the style of the act o eliz. c. . entituled , an act for retaining the queen's subjects in their due obedience , and where 't is made treason for any to withdraw any subjects from their natural obedience to her majesty , or to withdraw them for that intent from the religion now by her highness authority establish●…d within her dominions . thus too as to the queen's disabling several of the roman-catholick bishops and deans by her ecclesiastical commissioners in the beginning of her reign , pursuant to the act of o eliz. c. . for restoring to the crown the ancient iurisdiction ; the act of parliament o eliz. c. . entituled , every deprivation of any bishop or dean made in the beginning of the queen's reign shall be good : and archbishops , bishops and deans made by the queen shall be adjudged lawful ; begins with acknowledging that the former were justly deprived , and it is therefore declared and enacted by authority of this parliament , that all and every deprivation , &c. and all and every sentence of deprivation , &c. had , pronounced and given , &c. shall be adjudged , deem'd , and taken good and sufficient in law , &c. and as to the latter , viz. that all such archbishops , bishops and deans as were ordain'd or made by the authority or licence of the queen's majesty , &c. shall be taken and adjudged to be lawful , &c. th●…y confirmed not what the queen did in disabling the former , and enabling the latter , but only declared and enacted the validity of what the queen had done . and here you have again the judgment of parliament for approving the queen's power of enabling and disabling . and here too ( by the way ) i am to tell you , that you have another judgment of parliament suitable to that in o eliz. and for the adjudging and taking to be lawful the making and ordaining of the archbishops and bishops by the authority or licence of the queen's majesty , &c. any ambiguity or question in that behalf heretofore made to the contrary notwithstanding , and which question before made in the case , i have before shew'd to be disability . a. but i suppose you have read of that two-fold subscription my lord coke speaks of , represented as a gravamen by some . b. i have so : and the last book i read that so represents it is , the answer to dr. stillingfleet ' s sermon by some non-conformists , &c. printed a. . and where in p. . they thus express their desires , viz. that all new devised oaths , subscriptions and declarations , together with the canonical oath , and the subscription in the canons be suspended for the time to come . if that be too much , we shall consent our selves with a modester motion , that whatsoever these declarations be that are required to be made , subscribed , or sworn , they may be imposed only as to the matter and end , leaving the takers but free to the use of their own expressions . and this expedient we gather from the lord coke , who hath providently ( as it were ) against such a season laid in this observation , the form of the subscription set down in the canons ratify'd by king iames , was not express'd in the act of the th of eliz. . inst. c. . and consequently if the clergy enjoy'd this freedom till then , in reference to the particulars therein contain'd , what binders why they might not have the same restored in reference also to others ? it was the second article enjoyn'd by that canon to be subscribed , viz. that the book of common-prayer , &c. containeth in it nothing contrary to the word of god , and that it may lawfully be used , &c. at which they took so much offence , and to which the act of parliament required not their subscription . a. i perceive then my lord coke doth not reflect on the form of subscription , as enjoyn'd by the th canon of king iames , and by his regal authority out of parliament as illegal , notwithstanding what had been enacted in the th of queen elizabeth . b. he doth not . and he there further faith , by the statute of . eliz. the delinquent is disabled and deprived ipso facto : but the delinquent against the canon of king james is to be proceeded withall by the censures of the church . and i heard wray chief iustice in the king's bench , pasch. . el. report , that where one smith subscribed to the said articles of religion with this addition , so far forth as the same were agreeable to the word o●… god , that it was resolv'd by him and a●…l the iudges of england , that this subscription was not according to the statute of . eliz. because this statute required an absolute subscription , &c. besides this subscription when any clerk is admitted and instituted to any benefice , he is sworn to canonical obedience to his di●…cesan . but as to his saying that the delinquent against this canon is to be proceeded withall by the censures of the church ; i shall observe that the beginning of the canon doth incapacitate any to be receiv'd into the ministry who doth not subscribe the three articles in it , and that the canon doth afterward put some temporary disabilities on bishops who shall ordain , admit or license any one , except he first have subscribed in manner and form there appointed : and it is the universities if offending that the canon leaves to the danger of the law and his majesty's censure . here then you see king iames the first did out of parliament add a new subscription to what was required by the act of parliament , and did likewise out of parliament make incapacity to be the punishment of refusing such new subscription . and i need not tell you that that power so exercised by that prince out of parliament hath been approved not only by all the bishops of the church of england , as putting the form of subscription required by that canon in execution ever since and to this day in lieu of the form required by the th of eliz. but ( as i may say ) virtually and tacitly by all our kings and parliaments ever since , who have acquiesced in the same . but what if i should tell you that the authority of the king in thus making that canon about subscription , hath been since expresly approved in parliament ? a. i should be most ready to hear it . b. you may therefore please to consult the act for uniformity o car. . and in the latter end of it you will see that in a proviso referring to the articles as agreed on by the archbishops , &c. a. . and particularly to the th therein about the book of consecration of archbishops , &c. set forth in the time of edward the th , as containing all things necessary to such consecration and ordering , &c. it is enacted , &c. that all subscriptions hereafter to be had or made to the said articles by any deacon , priest , &c. or other person whatsoever , who by this act or any other law now in force is required to subscribe unto the said articles shall be construed and taken to extend and shall be applyed ( for and touching the said th article ) to the book containing the form and manner of making , ordaining , and consecrating of bishops , priests , &c. in this act mentioned in such sort and manner as the same did heretofore extend to the book set forth in the time of king edward the th mention'd in the said th article , any thing in the said article , or in any statute , act , or canon heretofore had or made to the contrary hereof in any wise notwithstanding . it is clear that the parliament had then their eye on the act of . eliz. and on that canon of king iames , and which you may take as referr'd to by the words , or any other law now in force ( for so they then knew it to be , and as it still is , tho with the interpretation extended by the act to it ) and afterward by the word canon . but one may guess that by the authority of some of the lords the bishops there was before the making of this canon of king iames , and after the act of . eliz. in her reign , some subscription under disabling penalties required of ministers beyond what that statute required , by what the author of certain considerations tending to promote peace mentions , in p. . viz. that in the th year of the reign of queen elizabeth , the house of commons presented to the lords spiritual and temporal a petition containing divers particulars , for the redress whereof they desire , that no oath or subscription might be tender'd to any at their entrance into the ministry , but such as is expresly prescribed by the statutes of the realm , except the oath against corrupt entring , that they may not be troubled for the omission of some rites , or portions prescribed in the book of common prayer : that such as had been suspended for no other offence , but only for not subscribing might be restored . a. it seems those bishops then did as your expression was , dispensare in lege , and were ( as i may say ) non-conformists to it , by going beyond it . for they were obliged sapere ad regulam ; and all conformity is respectu regulae , and he who doth over-shoot , or who over-does what is enjoyn'd , is a non-conformist . b. you here put me in mind how some of our bishops and clergy have been thus non-conformists in over-shooting their mark , at the same time that they have with undistinguishing severity executed the rigour of the laws against all who did shoot short . the royal martyr in his declaration to all his loving subjects , publish'd with the advice of his privy councel , a. . refers to some ceremonies in our church which have been used without any legal warrant or injunction , and which already are , or speedily may be abolish'd . a. but i a little wonder that a house of commons should petition for the dispensing with some legal rites , and required both by injunctions and canons , and by acts of parliament . b. i do not wonder at it at all . for conjunctures having happen'd when some non-conformists having been tender of the peace of the government , you need not wonder at any tenderness in it for them . for as in the conjuncture of the resteration of king charles the second , very many of the presbyterians and of other sects then shewing their loyalty ( the author i lately cited taking notice thus of the declaration , a. . viz. in which his majesty saith our present consideration and work is to gratifie the private cosciences of those who are grieved with some ceremonies , by indulging to and dispensing with the omitting of those ceremonies . a member of the house of commons in an epistle to his majesty useth these words , viz. which indulgent declaration so ravished the hearts of all your loving subjects , that your whole house of commons , their representatives then assembled in parliament , immediately after the publication , october th . , repair'd in a body to white-hall , and there by their speaker's oration in the banquetting-house , express'd their extraordinary great ioy , and presented their general thanks to your majesty for this your majesty's most gracious declaration and dispensation with their consciences in matters not being of the substance or essence of religion , which gave abundant satisfaction to all peaceable sob rminded men , and such as are truly religious , in which return of their thanks they were all unanimous , nemine contradicente , then ordering a bill in pursuance of your majesty's declaration : note , that this was that house of commons , which together with the house of lords brought his majesty to the throne ) so long before , namely in the first year of king charles the first , and a. . both houses presented a petition to the king , wherein they desire that his majesty would please to advise the bishops by fatherly entreaty and tender us●…ge to reduce to the peaceable and orderly service of the church such able ministers as have been formerly silenced , &c. and which is in effect , all one , such able ministers as have been formerly disabled . a. i am highly pleas'd with your further bringing any thing to me like iudgment of parliament that may strengthen the regal power of interpreting , or of dispensing with disability . we have discours'd of the subject a pretty while together at this meeting , and i must acknowledge you have entertain'd me with an account of many statutes that have propp'd up the regal power of dispensing with disability : and that too ( tho you observ'd it not to me ) not only in their preambles , but in their enacting parts , the which i account more momentous . nor can i forbear observing it to you , that in the late printed books of some who asserted this dispensative power , nothing like iudgment of parliament hath been cited in the case for it , but that out of rot. parl. . h. . . . out of rolle tit. prerogative le roy , fol. . viz. the commons prayed that the statutes for voiding of aliens out of the kingdom might be executed , to which the ki●…g agreed saving his prerogative , that he might dispense with such as he pleas'd . and upon this the commons answer'd , that their intention was no other , nor ever should be , by the help of god. but this was only the judgment of a house of commons ; and that is short of the authority of a house of lords concurring with them , tho but in a petitionary manner , that the regal dispensative power might be exerted : and which latter is far short of the authority of an act of parliament . and among the many parliamentary recognitions of the dispensative power you have mention●…d to me , that which you told me at our first meeting of the act of uniformity o car. . leaving aliens or foreigners of the reform'd churches that were then allow'd or tolerated by the king's majesty , or that should be allow'd by him , his heirs and successors , to be secured under the wing of prerogative from all the penalties in that act , was a greater president of a parliament's deference to the dispensative power . but here it falls in my way to ask you if the parliament in that act , interpreting and expounding the sulscription to the th article ( as you before mention'd ) did not shew some want of tenderness to the regal power of interpreting ? b. not in the least . the king thought fit in his legislative capacity , and with the concurrence of the three estates to issue forth such interpretation , to the end it might be perpetuated . but you will find that they were so tender of that branch of prerogative , namely of the regal power of interpreting out of parliament , that having referr'd to the king's declaration of the th of october , . ( i. e. that concerning ecclesiastical affairs we spoke of before ) and mention'd that according to that he had granted his commission to several bishops and other divines to review the book of common prayer , and to prepare such alterations and additions as they thought fit to offer , and that afterwards the convocations of both the provinces of canterbury and york , being by his majesty called , &c. his majesty hath been pleas'd to authorize the presidents of the said convocation , and other the bishops and clergy of the same to review the book of common prayer , and the book of the form and manner of the making and consecrating of bishops , priests , &c. and that they should make such additions and alterations in the said books as to them should seem meet , and should present the same to his majesty for his further allowance or confirmation , and then setting forth that the same was accordingly done , and that some alterations were inserted into those books by the convocations , and by them presented to his majesty , and all which his majesty having consider'd hath fully approved , it then follows , that his majesty hath recommended to this present parliament that the books of common prayer , &c. with the alterations and additions which have been so made and presented to his majesty by the said convocations , be the book which shall be appointed to be used , &c. in all parish churches and chapels , &c. and it is upon the foundation of what his majesty did as before-mention'd , that the following enacting clauses with their sanctions and penalties are built . and you may if you will take notice of a proviso toward the end of the act , being very tender of not hurting what king iames by his prerogative did in uniting the prebendship to the professor of law in oxon for the time being , and whereby that king dispens'd with the incapacity of lay-men , as to the enjoyment of such prebendship : but the act and the proviso takes care to perpetuate the king's professor's enjoying the same , and leaves the prerogative at liberty to dispense with such disability in the case . in short , you see how tender that parliament was of prerogative , and tho they thought it not fit to give such loud applauses to his late majesty's declaration of october the th , a. . before-mention'd , wherein so much of the dispensative power was exerted , yet you find they refer to it with respect . a. i have almost forgot the particulars of the dispensative power therein exerted . b. i shall tell you that the king having there mention'd ( and what the act takes notice of ) his saying that he would appoint some divines to review the common prayer book , and to make such alterations as shall be thought most necessary , &c. it then saith , out will and pleasure is , that none be punish'd or troubled for not using it until it be review'd , and effectually reform'd . he there speaks several times of dispensing with ceremonies , that were by law establish'd . it is there likewise said , because some men otherwise pious and learned say , they cannot conform unto the subscription required by the canon , nor take the oath of canonical obedience , we are content , and it is out will and pleasure ( so they take the oaths of allegiance and supremacy ) that they shall receive ordination , institution and induction , and shall be permitted to exercise their function , and to enjoy the profits of their livings without the said subscription or oath of canonical obedience , &c. a. i see here is king iames the first 's incapacitating canon dispens'd with , and indeed suspended . b. the declaration goeth on with taking care that none be iudged to forfeit his presentation , or benefice , or be deprived of it upon the statute of the th of elizabeth , c. . so he read and declare his assent to all the articles of religion , which only contain the confession of the true christian faith , and the doctrine of the sacraments comprised in the book of articles in the said statute mentioned . and this declaration had before express'd his majesty's mindfulness of his declaration from bredagh , and his saying , we publish'd in our declaration from bredagh , a liberty to tender consciences , and that no man should be disquieted or call'd in question for differences of opinion in matters of religion , which do not disturb the peace of the kingdom , and that we shall be ready to consent to such an act of parliament as upon mature deliberation shall be offer'd us for the full granting that indulgence . here was a liberty of conscience granted and publish'd , and heterodoxy about the very articles of religion tolerated , and a throwing off of penal laws , and for which declaration i should have told you , that baker's history , p. . mentions , that the house of lords order'd thanks to be given to the messenger who brought that gracious declaration . a. and yet you say the declaration october . thus dispensing with disability incurr'd by the canon , and the th of eliz ▪ and by queen elizabeth's act of uniformity , was both approved and applauded by the former parliament . i have not heard of the like in the kind of it . b. no doubt but the author there referr'd to the declaration of octob. . a. . for which the house of commons so express'd their thanks : however by the supposed carelessness of the printer , the publication is said to be october th . . for the words by him cited as said by his majesty , viz. our present consideration and work is to gratify , &c. are in that declaration , p. . and . but if it were not for cloying you with other like instances , i could tell you of the like in the beginning of the reign of king iames the first . a. i pray speak not of cloying . my patience may be soon surfeited with two or three such things as some call presidents . but this thing call'd iudgment of parliament carries with it so much weight as well as veneration , that you can no way more oblige me then by going on to entertain me with instances of that kind . b. why , then i can tell you if you will at any time turn to your collection of proclamations in the time of king iames the first , you will find that in his proclamation of march the th , the first year of his reign , he intimates that with the consent of the bishops present in the hampton-court conference he thought meet that some small things might rather be explain'd then changed in the book of common prayer , and for that end gave forth his commission under the great seal of england , according to the form which the laws of this realm in like case prescribed to be used to make the said explanation , and to cause the whole book of common prayer with the same explanation to be newly printed , which being done and establish'd , anew after so serious a deliberation , &c. we have thought it necessary to make known by proclamation our authorizing of the same , and to require and enjoyn all men , as well ecclesiastical as temporal to conform themselves to it , as the only publick form of serving god , establish'd and allow'd to be in this realm . and the rather for that all the learned men who were there present , as well of the bishops as others , promised their conformity in the practice of it , only making sute to us that some few might be born with for a time . wherefore we require all archbishops , bishops , and all other publick ministers , as well ecclesiastical as civil , to do their duties in causing the same to be obey'd , and in punishing the offenders according to the laws of the realm heretofore establish'd for the authorizing the said book of common prayer . you see there that all the bishops and the great parade of the literati present at that famous conference , did implore the king for the exercise of his dispensative power for a while to some few . but what is more considerable is , that the king here doth make a general relaxation of the bond of queen elizabeth's act of uniformity in some things ; and instead of inserting an express clause of discharging from the penalties of that act , all that use the common prayer book with the king's alterations or explanations , as queen elizabeth's admonition did in relation to those who took the oath of supremacy in the sense of her interpretation , ( a thing indeed not necessary for either of them to have done when they had loosen'd the bond of the observance of the law ) he enjoyns the uniform usage of the book of common prayer , as by him interpreted or explain'd ( the title of the proclamation being a proclamation for the authorizing an uniformity of the book of common prayer to be used throughout the realm ) under the disabling punishments of queen elizabeth's act of uniformity ; the bishops all this while being ministerial to the king in his power of thus interpreting , and explaining an act of parliament , and the loosening of its obligation both as to themselves and others . i am to tell you , that in that proclamation of march the fifth , the king refers to a proclamation he had before publish'd on the th of october then last past , wherein he gave the puritan divines an intimation of the conference he intended to have : and in which he reflects on the heat of their spirits as tending rather to combustion then reformation , which ( saith he ) if there be cause to make , is more in our hearts then theirs , &c. and afterwards saith , we are not ignorant that time may have brought in some . corruptions , which may deserve a review and amendment , which if by the assembly intended by us , we shall find to be so indeed , we will therein procéed according to the laws and customs of this realm by advice of our councel , or in our high court of parliament , or by convocation of our clergy , as we shall find reason to lead us : not doubting but that in such an orderly proceeding , we shall have the prelates & others of our clergy no less willing and far more able to afford us their duty and service , then any other whose zeal doth go so fast before their discretion . and the proclamation in march following shew'd you how the king's reason lead him in his proceeding in the affair according to the laws and customs of this realm , and how loyally his bishops and clergy acquiesced therein . a. i remember i have read both these proclamations : and i doubt not but that hampton-court conference made a great ferment in the body of the people , tho none in the orthodox clergy . but i should be glad to know whether it made any fermentation in the body of the people representative , and what was the result of it ? did the parliament acquiesce in what the king had done as aforesaid ? for if so ; they had done as queen elizabeth's parliament in publickly approving what she by her own ecclesiastical supremacy did in discharging the disabling penalties in her first act of parliament , and in relaxing by her interpretation , the vinculum for its observance in that sense that many had before put on it . b. king iames his parliament did in effect , the very self-same thing . and i shall give you the account of it out of his proclamation of the th of iuly , a. . in the second year of his reign : for there having spoke of that conference and of his having publish'd by proclamation what was the issue of it , and his hoping that when the same should be made known all reasonable men would have rested satisfy'd with that which had been done , and not have moved further trouble of speech of matters whereof so solemn and advised deliberation had been made , his majesty's following words are , notwithstanding at the late assembly of our parliament , there wanted not many who renew'd with no little earnestness the questions before determin'd , and many more as well about the book of common prayer , as other matters of church government , and importuned us for our assent to many alterations therein : but yet with such success , as when they heard both our own speeches made to them at sundry times , shewing the reasons of our former proceedings in those matters , and likewise had had conference with some bishops , and other lords of the upper house about the same , they desisted from further prosecution thereof , finding that of all things that might any way tend to the furtherance of religion and of establishment of a ministry fit for the same , we had before with the advice of our councel , had such consideration as the present state of things would bear , and taken order how the same should be prosecuted by such means as might be used without any publick disturbance or innovation . and in how vigorous a state the dispensative power as to the nonconformists afterward continued in the reign of that prince appears by what i have before cited of an application made to him by the house of commons for the exercise of the same to the non-conformists , in the th year of his reign . moreover how by tacit dispensation he dispens'd with the disabilities that roman catholick physicians and lawyers had incurr'd by his acts of parliament , i have told you . but what if i should now tell you how afterwards he did take care as it were unâ liturâ , to delete the execution of ●…ll the penal laws , disabling ones , and others , against the roman catholicks ; and that as to what he did therein , the most zealous protestants among his bishops , and the lords temporal and others of his privy council , did concur with him in so doing ? a. i think you would tell me of that which was very strange . b. as in the happy future state of england it was with an intent to detect the degeneracy and vanity of the politick and protestant-would-be's of the age who pretended to advance religion by excluding the next heir , in p. . shewn that one of the general and publick articles sent by king james the first to his embassador in spain , in order to the match with the infanta was , that the children of this marriage shall no way be compell'd or constrain'd in point of conscience or religion , wherefore there is no doubt that their title shall be prejudiced in case it should please god that they turn'd catholicks , and that it was afterward sent as an additional article offer'd from england , that the king of great britain and prince of wales should bind themselves by oath for the observance of the articles , and that the privy council should sign the same under their hands , and that accordingly the articles were sign'd by archbishop abbot , john bishop of lincoln , keeper of the great seal , lionel earl of middlesex , lord high treasurer of england , henry viscount mandevile , lord president of the council , edward earl of worcester , lord privy seal , lewis duke of richmond and lennox lord high steward of the houshold , james marquess of hamilton , james earl of carlisle , lancelot bishop of winchester , oliver viscount grandison , arthur baron chichester of belfast , lord treasurer of ireland , sir thomas edmonds knight , treasurer of the houshold , sir john suckling , comptroller of the houshold , sir george calvert , and sir edward conway , principal secretaries of state , sir richard weston , chancellor of the exchequer , sir julius caesar , mr. of the rolls ; and for the truth of which facts , reference is there made to mr. prynne's introduction to the archbishop of canterbury's trial , p. : so you may there read it in p. . that some private articles were agreed on , and probably were sworn to by the same persons that the other general ones were : and of which private ones , the first was in short , that none of the penal laws against roman catholicks should at any time hereafter be put in execution . but you may thus see it at large : viz. that particular laws made against roman catholicks , under which other subjects of our realms are not comprehended , and to whose observation all generally are not obliged , as likewise general laws , under which all are equally comprised ; if so be they are such as are repugnant to the romish religion , shall not at any time hereafter by any means or chance whatsoever directly or indirectly , be commanded to be put in execution against the said roman-catholicks . and we will cause that our councel shall take the same oath , as far as it pertains to them , and belongs to the execution which by the hands of them and their ministers is to be exercised . the d was , that no other laws shall hereafter be made anew against the said roman catholicks ; but that there shall be a perpetual toleration of the roman catholick religion within private houses throughout all our realms and dominions , which we will have to be understood , as well of our kingdom of scotland and ireland , as in england , &c. and the th was , that we will interpose our authority , and will do as much as in us shall lie , that the parliament shall approve , confirm and ratifie all and singular articles in favour of the roman-catholicks , capitulated between the most renowned kings , by reason of this marriage ; and that the said parliament shall revoke and abrogate the particular laws made against the said roman-catholicks , &c. and the conclusion there is , viz. that we will interpose our authority , and will do as much as in us shall lie , that the parliament shall approve , confirm and ratifie all and singular articles in favour of the roman-catholicks , capitulated between the most renowned kings , by reason of this marriage ; and that the said parliament shall revoke and abrogate the particular laws made against the said roman-catholicks , to whose observance also : the rest of our subjects and vassals are not obliged ; as likewise the general laws under which all are equally comprehended , to wit , ●…s to the roman-catholicks , if they be such as is aforesaid , which are repugnant to the roman-catholick religion : and that hereafter we will not consent , that the said parliament should ever at any time enact or write any other new laws against roman-catholicks . we accounting all and singular the preceding articles , ratified and accepted , out of certain knowledge , as far as they concern us , our heirs or successors , approve , ratifie , applaud , and promise , bon●… fide , and in the word of a king by these presents inviolably , firmly , well and faithfully to keep , observe , and fulfill the same , and to cause them to be kept , observed and fulfilled without any exception or contradiction , and do confirm the same by oath upon the holy evangelists , notwithstanding any opinions , sentences or laws whatsoever to the contrary : in the presence of the most illustrious don john de mendoza , marquess of inojosa , and don charles coloma . extraordinary ambassadors of the catholick king , of george calvert knight , one of our chief secretaries , of edward conway knight another of our chief secretaries , of francis cottington baronet , of the privy councel to our son the prince , of francis de corondelet , apostolical ( or the pope's ) prothonotary , and arch-deacon of cambray . dated at our palace at westminster , the day of july , . in the english style . jacobus , rex . a compared and true copy . george calvert , chief secretary . the form of the oath which the lords of the councel took to the former articles is this which followeth , ( found among the lord cottington's papers . ) formula juramenti à consiliariis praestandi . ego n. iuro me debitè plenéque observaturum , quantum ad me spectat , omnes & singulos articulos , qui in tractatu matrimonii , inter serenissimum carolum , walliae principem , & serenissimam dominam do●…nam mariam hispaniarum i●…fantem , continentur . iuro etiam , quod neque per me , nec per ministrum aliquem inferiorem mihi inservientem , legem ullam contra quemcunque catholicum romanum conscriptum executioni mandabo , aut mandari faciam , poenamve ullam ab earum aliqua irrogatam exigam . sed in omnibus quae ad me pertinent , ordines à majestate sua ex ea parte constitutos fideliter observabo . thus far mr. prynne ; who verifies the facts above-mention'd , not only from my lord cottington's papers , but from the mercure francois , tom. . a. . p. , , . and on which author he in p. . bestows the character of one of the truest historians of this latter age : and whom mr. prynne had before in p. . cited for the truth of the general articles referring to tom . p. . and . and i shall here observe to you , that what mr. prynne hath set down as aforesaid , to be the form of the oath took by the lords of the councel to the former articles , doth appear to be referr'd by him to both sorts of articles , viz. both the general and the private ones . for tho toward the end of the general articles it appear'd only that the king and prince were to be sworn that all the privy councellors should sign those articles under their hands , and that the king subscribed those articles , and was sworn to them in the presence of those bishops and other privy councellors before named ; yet the first of the private articles agreeing that the councel should take the oath as far as pertain'd to them , and belong'd to the execution which by the hands of them and their ministers is to be exercised , that the penal laws should not be executed against roman-catholicks , i account it appears according to mr. prynne that the privy councellors were sworn to both articles together : and that by the words of iuro etiam , &c. the private articles were referr'd to ; and the which will appear the more manifest , if you consider that the general articles had not one word therein for the tolerating of more papists then those of the infanta's family , and such who particularly belong'd to her . nor was there any thing more as to the privy councellors agreed to in the general articles , then their signing them . and both the general and private articles bearing the same date , it may be the rather supposed that pursuant to the first private article , containing the king's covenant for the privy councel's being sworn to them , that the bishops and the other privy councellors might then be sworn to them , as well as their having then particularly signed or subscribed the general articles appears : for so mr. prynne's words are , p. . the king and the embassadors went to the councel-chamber , where all the lords of the councel seal'd and subscribed the general articles of the marriage , &c. a. but i account you are not ignorant how much it hath been observ'd that mr. prynne , who was so voluminous a writer , did too much take his quotations on trust ; and that therefore what he had as out of the mercure francois might not be rightly cited . b. admitting that mr. prynne being so infinite in his quotations might often erre that way , i shall tell you , that i engaging a learned man of the university of oxford to consult mr. prynne's quotations out of the mercure ( of which the tomes are in the bodleian library ) he return'd me word , that they exactly agreed with the author in the places cited by mr. prynne . a. but one would scarce think that archbishop abbot should swear to these private articles ; for there went about a letter of his in that conjuncture , by the warm name of his remonstrance to his majesty against the match , and the toleration of the roman-catholicks . b. i grant that there did : and mr. prynne in p. . and . sets down the letter ; and he calls it a remonstrance : and the archbishop is there brought in , saying thus , viz. this toleration which you endeavour to s●…t up by your proclamation , cannot be done without an act of parliament , &c. but heylin in his history of the presbyterians , represents this as a sham-letter , and put upon the archbishop : and saith , that the archbishop could not be so ill a statesman ( having been long a privy councellor ) as not to know that he who sits at helm , must steer his course according to wind and weather , and that there was a great difference between such personal indulgences as the king had granted in the case to his popish subjects , and any such publick exercise of their superstitions as the word toleration doth import . and so he giveth judgment , that abbot was only the reputed author of this bastard letter , and not the natural parent of it . in the various editions of this letter , i have observ'd no date to it : and it is in that book of mr. prynne before his mention of the general or private articles , and before the match was resolv'd on by the king. and if notwithstanding that letter , the archbishop was afterward sworn to the articles , his altering his judgment on grounds of reason , was both commendable , and exemplary : and worthy of that mutual confidence between the king and him and the other bishops in the councel , and his privy councel in general ; and which was such , that in a lawful matter the king could stipulate for their obedience in the first private article as was before mention'd . a. your having shew'd me out of the copy of the publick instruments found by mr. prynne among my lord cottington's papers what concerns the toleration , hath given me much satisfaction in the truth of that fact. for otherwise what a late book writ for the king 's right in dispensing with the penal laws directed me to in rushworth of the declaration touching the pardons , suspensions , and dispensations of the roman-catholicks , sign'd by the lord conway and others , aug. the th . a. . would have left the matter to me full of doubt and mystery . but i see by those copies of articles found among the papers of my lord cottington , the toleration of papists had been reverâ about a fortnight before the date of that paper sworn to by all the privy councellors of king iames. and tho king charles the first did fall as a martyr for the protestant religion , and was a confessor of it in spain , as archbishop laud sets forth in his star-chamber speech , and as likewise the earl of bristol shews in his learned and loyal apology , printed , a. . ( which if you have not read , is highly worth your most serious perusal ; and where having spoke of the papal dispensation for the marriage on the articles formerly agreed on in point of religion , and of the civil letters that passed between that king , then prince , and the pope , he said that those letters were publish'd and translated into several languages ( referring there , i suppose , to the mercure francois ) which tho he could not say corruptly , yet strained as much as might be to his disadvantage , and that it is probable that the like letters of compliance m●… have been procured in the treaty of the match with france , wherein the pope's dispensation was likewise held necessary ) yet i shall tell you , that mr. prynne in p. , . after he had mention'd the oath taken by the privy councellors , saith , his majesty call'd an assembly of divines to consult with , what he ought to do for the discharge of his consc●…ence in this regard , and their resolution was first that the prince of wales should promise on ●…is oath to perform the conditions , and that the king his father should do the like : secondly , that the promises of marriage should be presently made , &c. but that the consummation of the marriage should not at all be executed till the month of may in the following year . to the end that they might experiment●…lly see if the aforesaid conditions required by his holiness should be faithfully accomplish'd , &c. as to the first , the prince of wales took an oath to his majesty to observe the foresaid conditions , and sign'd them with his hand , and he likewise swore and sign'd this by way of over-plus , to permit at all times , that any should freely propose to him the arguments of the catholick-religion without giving any impediment , and that he would never directly nor indirectly permit any to speak to the infanta against the same . but i shall here en passant observe to you out of the general articles , namely that in the th article ( notwithstanding my lord coke's opinion before-mention'd , that a new oath cannot be introduced nor an old one alter'd but by act of parliament ) there is a new oath of fealty agreed to by the king to be tender'd both to foreigners and subjects of england who were to serve the infanta , and care taken that no clause or word therein shall contradict the roman religion , or consciences of the roman-catholicks : and that by the th article for the security that every thing that was agreed to , should be fulfill'd , the king and prince were to be bound by oath , that all the privy councellors should sign the agreement , and i need not tell you that their being sworn to the private articles was a new oath . a. was nothing of the king's mind about the suspending all the penal laws , both the disabling ones and others against the papists , notify'd to his privy councel before the year ? b. mr. prynne there in p. . saith , that for the hastening the pope's dispensation for the match , king james ( as the french mercure , tom. . records it , and as he had credibly been inform'd of from others ) assembling his privy councel together , febr. . . made a long oration to them ( which he recites at large ) the sum whereof was this , that the roman-catholicks in england had sustain'd great and intolerable surcharges imposed on their goods , bodies , consciences during queen elizabeth's reign , of which they hoped to be relieved in his , &c. that now he had maturely consider'd the penury and calamities of the roman-catholicks who were in the number of his faithful subjects , and was resolv'd to relieve them , and therefore did from thenceforth take all his roman-catholick subjects into his protection , permitting them the liberty and entire exercise of their religion , &c. without any inquisition , process , or molestation from that day forward ; and likewise will and ordain , that they shall be restored to all their estates , lands , fees and seignories , and re-establish'd in them : commanding all his magistrates , iustices , and other officers whatsoever in this behalf to hold their hands , and for what cause soever it be , not to attempt hereafter to grieve or molest the said catholicks , neither in publick nor private in the liberty of the exercise of their religion , upon pain of being reputed guilty of high treason , and disturbers of the kingdoms peace and repose : this being his will and definitive sentence . a. but still i cannot forbear wondring about what considerations made our divines , and our great champions of the church of england-protestancy in the state as well as church , afterward thus inclinable to act their parts about toleration , as mr. prynne hath mention'd . b. they had cause enough to apprehend that the hierarchy of england could not be supported without the monarchy , and that by reason of the various growth of the potency of foreign princes and states , and of intestine factions , the monarchy could not be then sufficiently secure without a foreign alliance by inter-marriage ; and that where such alliance was to be with the famili●…s of roman-catholick princes , there could be no expectation of the pope's relaxing his laws by dispensing , without our princes doing something of that kind as to theirs . i might here observe to you , that we are told in the regal apology ( that the oxford ▪ antiquities mention'd to have been writ by dr. bate ) that a particular toleration had a former president even in queen elizabeth in those articles of marriage which were consented to with the duke of anjou : and if it were true that an universal toleration was agreed on by king james , it was intuitu majoris boni . the palatinate was to be restored again , and the protestants of germany to be re-enstated in their possessions on that condition . but to punish being a kind of punishment , and it being irreligious to punish men for religion , and the highest tide of anger being naturally succeeded by the lowest ebbe of it , and the thoughts of rigorous severity in princes toward their subjects being like such in the head toward the members of the same body , and king iames having found that the general abhorrence of the gun-powder-treason had blown up the credit of those fiery doctrines that produced it , and he being then within prospect of his end and being unwilling that the sun of his life should go down in his wrath , and finding , as appears by his long proclamation of four sheets of paper , declaring his . pleasure concerning the dissolving of the parliament , a. ●… . that they were not the papists who made his later breath so uneasie to him , and he being of opinion that the reason of the severe laws was much abated , it may abate of our wonder that in that conjuncture he put a period to their execution . mr. prynne for this purpose in p. . of that book prints a letter of the lord keeper williams to the i●…dges in the year following , to acquaint them that his majesty having resolv'd ( out of deep reasons of state , and in expectation of like correspondence from foreign princes to the professors of our religion ) to grant some grace and conveniency to the imprison'd papists of this kingdom ; had commanded him to pass some writs under the broad seal for that purpose , and that he had accordingly done so ; and tells them , that 't is his majesty's pleasure that they shall make no niceness or difficulty to extend that his princely favour to all papists imprison'd for any church recusancy whatsoever , or refusing the oath of supremacy , or hearing of mass , or any other point of recusancy which doth touch or concern religion only , and not matters of state , which shall appear to you to be totally civil and political . a. you lately ment●…on'd to me that the earl of bristol hinted it that there was afterward somewhat of compliance with the pope in the match with france of that nature , as was in the spanish . w●…at account doth mr. prynne give of that ? b. he tells you there , p. . that the french ma●…ch was soon concluded in the life of king james , the articles concerning religion being the same almost verbatim with those formerly agreed on in the spanish treaty . and he there refers to rot. tractationis & ratificationis matrimon●… inter dom. carolum regem & dom. henret . mariam sororem regis franc. o cat. in the rolls : and then in p. . saith , besides these general articles of the match , these particular ones were concluded and agreed on in favour of the roman-catholicks , the same in substance with those of spain , and where he saith the second is to this effect , that the english catholicks should be no more searched after ( or molested ) for their religion . but mr. prynne there particularly sets down only three short articles , and those comprised in about six lines : and the words [ or mol●…ted ] in the second article are printed in a different character from the others , as if he thereby intended them as his own explication of the word searched . a. you just now mention'd king iames his having in the year . order'd all the popish recusants who were in prison on the account of their religion to be set at liberty : and you told me how he tacitly dispens'd with the disability that popish physicians and lawyers had incurr'd by act of parliament . was that all the favour he shew'd roman-catholicks ? b. no : he allow'd them to make a very considerable figure in the government , as you may find if you consult the iournals of parliament , as referr'd to by mr. prynne , p. . & seq . of that book : for he there mentions , that in the year . the commons sent a petition to the lords , desiring their concurrence with them in presenting it to his majesty , for removing popish recusants , and those whose wives were papists , from offices of trust , which by law they were disabled to execute , which the lords took into their consideration , and which mr. prynne saith , was enter'd in their iournal in this manner , die jovis viz. vicessimo die maii . the lord archbishop of canterbury reported , that at the meeting this day with the commons , they presented an humble petition to the king , desiring this house to joyn therein with them . the which petition was read in haec verba , &c. in short , the commons in their petition take notice of the growth of the number of popish recusants in this kingdom , and of their insolency in all the parts thereof , and that many of them , contrary to the laws , were g●…t into offices and places of government and authority under the king : and the prayer of the petition is , that the lords and gentlemen there undernamed , may be removed from all his majesty's commissions of great charge and trust , commissions of lieutenancy , oyer and terminer , and of the peace , and from all other offices and places of trust. and they in their first sched●…le there name lords and knights . and in their second they name many persons of quality who were in places of charge and trust in their several counties , and had marry'd popish wives , and whose children and servants were bred up to popery . a. doth any act of parliament disable a man from bearing office because his wife is a papist , or because his children or servants are bred up to be papists ? b. yes , the act of the third of king iames the first , cap. . doth it , as you will see if you consult it ; for 't is there enacted , that no popish recusant convict , nor any having a wife being a popish recusant convict , shall at any time after this session of parliament , or any popish recusant hereafter to be convict , or having a wife which hereafter shall be a recusant convict , at any time after his or her conviction , shall exercise any publick office or charge in the common-wealth , but shall be utterly disabled to exercise the same by himself or his deputy , except such husband himself and his children which shall be above the age of nine years abiding with him , and his servants in houshold shall once every month in the least , repair to some church usual for divine service , and there hear divine service , and the said husband , and such his children and servants as are of meet age receive the sacrament of the lord's supper , and do bring up his said children in true religion . a. now have you set me a longing to know what the house of lords did in the case of that petition about removing those disabled persons from serving the king in those great stations . and since the judgment of parliament was always had in such great veneration , i think if the result of the desire of the house of commons was that the lords had joyn'd with them in the petition , and had urged that the king could not dispense with that act of parliament and pardon disability , it may make a notable president in the case we have been discussing . b. you will find that the commons urged nothing to the prejudice of prerogative in the prayer of their petition . their style there was , we humbly beseech your majesty graciously to vouchsafe that the said lords and gentlemen here under-named for this important reason , and for the greater safety of your majesty and of your realm , may be removed from all your majesty's commissions of great charge and trust , commissions of lieutenancy , &c. and the important reason did refer to the great countenance hereby given to popery , the great grief and offence to all his best affected and true loving subjects by putting the power of arms into such mens hands as by former acts of his majesty's councel are adjudged persons justly to be suspected , &c. but to let you see what the house of lords did hereupon , mr. prynne tells you , p. . that this petition being read , the house did defer the debate thereof at this time , for that the day was far spent . and answer was given to the commons ( who attended for the same in the painted chamber ) that the lords will send them an answer of this petition , hereafter when they are resolv'd thereof . whereupon mr. prynne concludes his account of this transaction thus , whether any of these were displaced upon this petition , i find not in any memorials ; it being certain some of them were not , but continued still in these offices of trust. a. how have you here disappointed my curiosity in making that ferment then in the government about the disability of the papists being dispens'd with , thus silently to go off through the house of lords forbearing to joyn with the house of commons in their petition ! b. i shall here afford your curiosity a recompence by observing it to you with allusion to some of the words of the royal martyr in his answer to the propositions , that the ancient , equal , happy , well poysed , and never enough commended constitution of the government of this kingdom having made this nation so famous and happy to a great degree of envy , &c. and the lords being trusted with a iudicatory power are an excellent screen and bank between the prince and the people , to assist each against any encroachment of the other , &c. that the wisdom of that house in acting as it hath done , in many conjunctures hath put an end to many ferments accidentally occasion'd by others mistakes about prerogative , and whereby that august assembly did sometimes cunctando restituere rem , and by its forbearing out of tender●…ess for prerogative to give judgment about it , hath often to the satisfaction both of the prince and people , left the regal rights in their ancient quiet estate . i shall for this purpose observe to you , that i once reading to the late earl of anglesy when he was lord privy seal , what i had in a manuscript of mine set down , as the fact of what had passed between the late king and the house of commons concerning his declaration of indulgence on march the th , . and the penal laws being thereby suspended ( and the suspension of which the commons then urged could not be but by act of parliament , and whereupon they apply'd to the king for the vacating that declaration ) his lordship did dictate to me in order to my compleating the state of that fact , and which i writ from his mouth , as followeth , viz. but it is to be observ'd upon this whole transaction between the king and the house of commons , that the lords had no hand in the address to the king about this great point ; altho it be uncontroverted that the lords are the only iudicatory that can determine any controverted point without an act of parliament , and either the king or the commons might in a particular case have had this point brought by appeal to the lords , if they had pleas'd , and consequently might have effected the judicial decision of the same . a. in your state of that part of the fact that concern'd the commons , did they address against the dispensing with acts of parliament ▪ b. no , but only against the suspending them , which are things of a different nature . the same house of commons by having iuly the th , . resolved , that his majesty be humbly desired to issue forth his proclamation for the punctual and effectual execution and observance of the act of navigation without any dispensation whatsoever , whereby the act may be in the least violated , and to recal such dispensations as are already granted , &c. did virtually shew a deference to his majesty's right of dispensing . nay , let me tell you , that the very many acts of parliaments which expresly provide against the crown 's dispensing by non-obstante in some particular cases , may all be cited as presidents or iudgments of parliaments for the propping up the dispensative power , and of parliaments having admitted that power in our kings , the exercise of which they provide against and desire to take away in such particular cases . but by referring to the fact of the entercourse between the late king and the house of commons about the suspending the penal laws , i have took occasion to point out to you the wisdom of the government in then passing that affair over without a judicial decision . and i can give you an instance of the prudential measures formerly observ'd by persons who made a great figure in the administration of the ecclesiastical government of the church of england , and who at the consecration of bishop manwaring when on the usual process at consecrations to call all persons to appear to shew cause why the elect should not be confirm'd , some then appear'd & objected against him , that upon his being impeached o car. . by the commons , the lords had given iudgment against him to disable him from all preferment in the church ; forbore to consider the merits of the exception , and throwing them off by a pretence of their being defective in some formalities of law , went on in the confirmation . and which is more , i can tell you that long afterward , viz. a. . the lords highly resenting both the pardon and bishoprick he had obtain'd , and calling to mind the sentence they had pronounced against him , did on the th of april that year , refer the consideration thereof to their grand committee for privileges , it being also moved , that what can be alledged on the lord bishop of st. david ' s part , either by pardon , licence or otherwise , may be produced and seen at the sitting of the lords committees for their full and clear understanding , and better expedition in the business : and on the st of april that year , order'd , that on the following monday , the records be brought into the house , that the house might determine the cause , and on the th of april following , order'd the cause to be heard the next day , and upon which day some such fatal sentence being expected against the bishop , as , and his bishoprick let another man take , by reason of his having been judicially disabled ; his majesty commanded that bishop not to sit in parliament , nor send any proxy thither : and the serment of the debate went off without any iudgment given by the lords that might touch prerogative in the point . and if in the year . when the air of mens fancies was so much infected with the pestilence of faction , so much tenderness was shewn to prerogative ( and that too in the case of a criminal whom the commons had for so many years made the great object of their anger , as one whom they look'd on as a proditor or betrayer of his country , and betrayer of their properties ) the loyal may well say quid non speremus , as to any future ferment that can rise in parliament , being allay'd without prejudice to the crown . the iournals of parliament in the beginning of the reign of king charles the first do tell us of the great ferment about the pardon of bishop montague , whom the commons had impeach'd before the lords , and who after the parliament was prorogued to the th year of the reign of that prince , had obtain'd his pardon in the time of the prorogation , and that such pardon was by the commons question'd , and that such questioning soon evaporated . but according to that great saying of sir harry martin in his speech at a conference between both houses ( as you will find it in r●…shworth ) after he had mention'd the inconvenience of nice debates about the original , latitude and bounds of sovereign power , viz. i have ever been of opinion that it is then best with sovereign power when it is had in tacit veneration , and not when it is prophaned by publick hearings and examinations , you will find that it hath been the usual practice of our great loyal patriots , in many critical conjunctures of time to prevent the popular criticising on controverted points of prerogative , and to provide for the ease both of prince and people by giving no other rule in the cause then the putting it off in longissimum diem . a. i suppose that excellent political remark of sir harry martin's was so made by him in the conjuncture of the petition of right . i have read of the great ferment the petition of right made in the beginning of the reign of the royal martyr : and i shall be glad to know if the dispensing with the penal laws , and particularly such as are inclusive of disability made any part of the fermentation . b. no doubt if the dispensative power of the crown as to any penal religionary ●…aws , had then appear'd any considerable gravamen to any of the three estates , they would then have cry'd out of it : but which they did not . yet i shall tell you that they had a fair occas●…on then given them to do it if they had thought it tanti . for in the first year of his reign there was a ferment in parliament about the penal laws against the papists , and particularly the disabling ones , but which soon went off ( as i may say ) by insensible perspiration . it s●…ems that mr. prynne in p. . and . saith both houses that year having presented a petition to that prince wherein they took notice that his majesty had in his princely wisdom taken order that none of his natural born subjects not professing the true religion and by law establish'd , shall be admitted into the service of his royal co●…sort , and having further desired that his majesty would be pleas'd to remove from all places of authority all such persons , as are either popish recusants , or according to direction of former acts of state to be justly suspected , and that his majesty said he would give order for it , yet that that parliament being unhappily dissolv'd in discontent , his majesty thought not fit to shew such severity to recusants as he intended . and in p. . mr. prynne had mentioned that sir iohn winter , mr. walter mountague , sir maurice drummond , and other papists , were admitted in her majesty's service . but by what appears from mr. prynne in p. . in the following parliament in the second year of that king , the house of commons took divers examinations concerning recusants that were in office , and at last agreed on a petition against recusants in office , and to present their names therewith to the king to the end they might be removed : and he then saith , that martis . iunii . car. regis . the petition against recusants in authority was engrossed , read and allow'd to be presented to his majesty , and this to be done by the privy-councel of the house , and sir john f●…llerton , which was done accordingly : but with what real success , i can give no exact account . but that the disabling and other laws against the papists had been dispens'd with by the royal martyr as well as his father , any one will conclude who reads what there followeth , viz. in this parliament these ensuing articles against popish recusants were consulted of in the house of commons , with an intent to draw them into an act ; and of which the th is , no recusant to bear office of iustice of peace or otherwise , or any man whose wife shall be a recusant , or practice law , common , or civil , or physick , nor have command in war , &c. and i should first have told you that the third was , a new oath with more additions to be taken concerning the supremacy . a. good god! a new oath with more additions about the supremacy ! b. you may suppose it would have been seemingly a new oath by that parliament's approving all the authentick regal interpretations of the old one , as queen elizabeth's interpretation was approved by her parliament . but you may here observe , that tho the disabling and other penal laws were by this pious prince tacitly and often dispens'd with , and the time of the doing of it caus'd some temporary ferments to arise in the minds of his subjects in parliament , yet their animosities have soon tacitly evaporated , and the regal power of dispensing then came to no question . the puritan dissenters and scruplers of ceremonies , knew they wanted the benefit of that power as well as the papists : and the exercise of that power was in the petition of both houses before mention'd implored as to the disabled or silenced ministers . and therefore you will not wonder at it when i tell you that during all the great patriotly efforts that were made for the removing all grievances by the petition of right , there was no offence taken at the right of the dispensative power . a. i thank you for that observation . b. the thought is too obvious to deserve thanks : and i assure you it is a kind of proverbial saying in the canon law , that dispensationum modus nulli sapientum displicuit . but even in the conjuncture of the petition of right , to shew you that the dispensative power did not in the least contribute to the ferment , i shall let you see out of rushworth how mr. glanvile ( who made so great a figure of a patriot then in parliament ) did with the greatest popular applause appear as an assertor of that power , and when in his speech in a full committee of both houses ( may . a. . ) he inter alia said , there is a trust inseparably reposed in the persons of the kings of england ; but that trust is regulated by law : for example , when statutes are made to prohibit things not mala in se , but only mala quia prohibita , under certain forfeitures and penalties to accrue to the king and to the informers that shall sue for the breach of them , the commons must and ever will acknowledge a regal and soveraign prerogative in the king touching such statutes , that it is in his majesty's absolute and undoubted power to grant dispensations to particular persons , with the clauses of non-obstante to do as they might have done before those statutes , wherein his majesty conferring grace and favour upon some , doth not do wrong to others . but there is a difference between those statutes and the laws and statutes whereon the petition is grounded . by those statutes the subject hath no interest in the penalties which are all the fruit such statutes can produce , until by sute or information he become entituled to the particular forfeitures ; whereas the laws and statutes mention'd in our petition are of another nature . there shall your lordships find us to rely upon the good old statute called magna charta , which declareth and confirmeth the ancient common laws of the liberties of england : and there he speaks afterward of other statute laws not inflicting penalties upon offenders in malis prohibitis , but laws declarative or positive , conferring or confirming ipso facto an inherent right and interest of liberty and freedom in the subjects of this realm , as their birth-rights and inheritances descendable to their heirs and posterities , the statutes incorporate into the body of the common law ; over which ( with reverence be it spoken ) there is no trust reposed in the king 's soveraign power or prerogative royal to enable him to dispense with them , or to take from his subjects the birthright which they have in their liberties , by virtue of the common law. so then according to the sense of this loyal patriot , if the king shall by his prerogative dispense with the disabilities or premunires or other penalties incurr'd by popish recusants pursuant to any statutes ; as for example , those of queen elizabeth or king iames , and even that of o iac. c. . whereby convicted recusants are disabled from military offices , and offices in the navy , and in the law , and f●…m the practice of physick , and any publick office and charge in the commonwealth , or the test-act o car. . no question is to be made of the king 's absolute and undoubted power of dispensing with particular persons in such a case . and during the ferment about the laws and statutes whereon the petition of right was founded ( and which were of another nature , as mr. glanvile's words are ) you will not forget that there was a tenderness for prerogative avow'd by both houses , while you remember those words of the royal martyr in his speech at the prorogation of the parliament the th of october , a. . viz. that the profession of both houses at the time of hammering the p●…tition of right was no way to entrench upon his prer●…gative ; and their saying that they had neither intention no●… power to hurt it , &c. you may too call to mind that as during the f●…rment that the suspending the penal laws by his late majesty's declaration of indulgence ▪ his power of dispensing in them came not in question , so the heat about his preregative to suspend them was soon over . the opinion of that loyal patriot and learned and upright iustitiary sir william ellis deliver'd in his argument about thomas and sorrells case i told you of namely that the king may suspend an act of parliament till next session ( which was a fl●…ght beyond what was moved for or adjudged in the late case of g●…dden and hales ) did never meet with any angry reflection ( that i have heard of ) from any person either of the people diffusive or representative , tho yet that argument of his containing such opinion was both after the votes of the house of commons about the illegality of the suspending of penal laws in matters eccle●…iastical otherwise then by act of parliament , and after the act for the test. and how near the prerogative of dispensing as allow'd by my lord chief justice vaughan in his argument in thomas and sorrell's case , ( and who argued after sir w. ellis ) came up to suspending , you may see there by what he saith , p. ▪ where the king can dispense with particular persons , he is not confined to number or place , but may lice●…s , as many , and in such places as he thinks fit . but further to shew you to how quiet and temperate a state that ferment of the prince's suspending all the religionary penal laws without an act of parliament was grown , i shall let you see that several years after the late king's declaration of indulgence and the act for the test , the late earl of s●…aftsbury appear'd in print as owning the legality of the king's prer●…gative in that kind , and without his lordship's being in the least censured for it by any of that num●…rous party he was then the head of . and here i am to tell you , that in a book call'd a letter from a person of quality to his friend in the country , printed in the year . the earl of shaftsbury is by mr. marvell the supposed author of the book , introduced as owning that the power of the king's supremacy ( meaning in matters ecclesiastical ) was of another nature then that he had in civils , and had been exercised without exception in this very case ( i. e. as in the declaration of indulgence ) by his father , grandfather , and queen elizabeth , under the great seal to foreign protestants become subjects of england , &c. a. did the earl of shaftsbury then in the year . own the prerogative of suspending penal laws in matters ecclesiastical when the king had long before quitted it , and when his lordship was embarqued with those men to whom nothing could once seem more unpopular then the owning of any such prerogative ? b. i refer you to the book it self , and where you will see that that great statesman did then assert the extent of prerogative in that point , with as much strength of wit and reason , as if he had been then fitting at the helm of state : and where he further shews the necessity of a standing supreme executive power to mitigate or wholy to suspend the execution of any penal laws , &c. but i shall best entertain you with his lordship 's own words as so great a narrator as mr. marvell relates them , and who ( as he saith ) telling his lordship that the declaration of indulgence assumed a power to repeal and suspend all our laws , his lordship ●…eplyed , that he wonder'd at his objection , there being not one of these in the case . for the king assumed no power of repealing laws , or suspending them contrary to the will of his parliament , or people ; and not to argue with me at that time the power of the king's supremacy , which was of another nature then that he had in civils , and had been exercised without exception in this very case by his father , grandfather , and queen elizabeth , under the great seal to foreign protestants become subjects of england , nor to instance in the suspending the execution of the two acts of navigation , and trade during both this and the last dutch war , in the same words and upon the same necessity , and as yet without clamour that ever we heard . but to pass by all that , this is certain , a government could not be supposed whether monarchical , or other of any sort , without a standing supreme executive power fully enabled to mitigate , or wholt to suspend the execution of any penal law in the intervals of the legislative power : which when assembled there was no doubt , but wherever there lies a negative in passing of a law , there the address or sense known of either of them to the contrary ( as for instance of either of our two houses of parliament in england ) ought to determine that indulgence , and restore the law to its full execution . for without this the laws were to no purpose made , if the prince could annul them at pleasure , and so on the other hand without a power always in being of dispensing on occasion , was to suppose a constitution extremely imperfect , and impracticable , and to cure those with a legislative power always in being , is when consider'd no other then a perfect tyranny . a. i find that his lordship doth not in the least distinguish between the right of prerogative in suspending the disabling or incapacitating penal laws , and others . and he by giving the power of suspending all the penal laws to the prince during the intervals of parliament , and till an address should be thence made to the prince to revoke such suspension , hath given his prince this power in effect during life . for 't is obvious to consider by how many accidents a suspension of penal laws revocable on an address from the parliament , may happen to be not so revoked . b. you say right . the king may thus according to his lordship's opinion suspend all penal disabilities as well as other penalties incurr'd by acts of parliament , and particularly by the test-act of o car. . and hereby to the great figure he made in the framing of that act , any who are displeas'd with the act , may apply the una eademque manus , &c. a. but i suppose his lordship there has nothing that may favour the repealing of the test , or any of the penal laws against the papists . b. none would expect from him anything to be moved for the repealing of the test ; however he allow'd prerogative to suspend it . but at that time that all people of narrow souls and ignoble thoughts were with so much clamour hunting down all roman-catholicks without distinction , and when the most devout among them by being ( as it were ) ad bestias damnati and devoured by informers , appear'd as a spectacle of delight to many inhumane protestants , his lordship's humanity was so great as to incline him in p. . there to give them somewhat like a quietus from all pecuniary laws . and the truth is when i consider how little wool the fleecing of roman catholicks and quakers or any heterodox religionaries at home or abroad hath brought to the exchequer of any prince or state , and only to informers , and that the consciences of peaceable men have been burden'd by men of no conscience , and by the turba gravis paci who are indeed burthens of the earth , i tremble to think what occasion may have been taken by male-contents to say in their hearts as to any such prince or state , according to those words of the psalmist , thou sellest thy people for nought , and dost not encrease thy wealth by their price , or and takest no money for them . i shall at some other time of our meeting give you some account cut of the records of the exchequer of the inconsiderable sums of money , that have for several years been brought to it by the severe prosecutions of roman-catholicks and quakers . but there is another thing very well worth your reading in that book , and which is the more proper for our consideration as suiting some great points we have been discoursing that concern our oath , and that is this ; h●…s ●…ate majesty's ministers in that year . having brought in a bill in parliament for a test extending to protestants ( and which as the book saith , was call'd by one of his majesty's ministers , a moderate security to the church and crown ) you will there in p. . see it mentioned how as to the assertory parts of the oath in that test , it was worthy the consideration of the bishops whether assertory oaths which were properly appointed to give testimony of a matter of fact w●…ereof a man is capable to be fully assured by the evidence of his senses be lawfully to be made use of to confirm or invalidate doc●…inal propositions , and whether that legislative power which imposeth such an oath , doth not necessarily assume to it seif an infallibility ? and as for promissory oaths , it was desired that those learned prelates would consider the opinion of grotius de jure belli & pacis , l. . c. . who seems to make it plain that those kind of oaths are forbidden by our saviour christ , matth. . , . and whether it would not become the fathers of the church when they have well wei●…h'd that and other places of the new testament , to be more tender in multiplying oaths then hitherto the great men of the church have been ? it is there toward the end of the page mentioned how some of the lords d●…sired that it might be clearly known whether it were meant all for an oath , or some of it a declaration , and some an oath ? if the latter , then it was desired it might be distinctly parted , and that the declaratory part should be subscribed by it self and not sworn . there was no small pains taken by the lord keeper and the bishops to prove that it was brought in ; the two first parts were only a declaration , and not an oath : and tho it was reply'd , that to declare upon ones oath , or to abhor upon ones oath , is the same thing with , i do swear , yet there was some difficulty to obtain the dividing of them , and that the declaratory part should be only subscribed , and the re●…t sworn to . a. but have you mention'd these things , as if you would incline me to concur in opinion with that lord as to the king's power of suspending the penalties incurr'd by acts of parliament , and to agree with the measures of some other lords then about oaths assertory and promissory , as referr'd to ? b. if i were of the same opinion about the king's power in that matter , as that lord and sir william ellis were , i would however forbear troubling you with it at this time while we are considering the obligation of our oath of supremacy in order to our assistance and defence of the preheminence of the dispensative power . and therefore i shall not in the least endeavour to incline you now to imbibe the perswasion of any nice controverted point of law or theology , and wherein there seems probab lis causa litigandi . and if when we are parted , you on your recollection of our discourse at this or our first meeting , should have the least trouble by calling to mind any thing i have occasionally mention'd that is matter of controversie , you may with all my heart put it off with a temporary transeat from your thoughts . but one of my aims in referring to that opinion of his lordship was , that knowing you to be much concern'd for the ease and quiet of your prince and country , i might console you with an instance of a great ferment about the regal power , suddenly going off : and as that book too shew'd you that another did in the government that was occasion'd by the new test-bill then introduced . and i must tell you that another of my aims in my pointing you to his lordship's observation of the suspensions of the penal statutes in the late reigns , was occasionally to direct you to a tenderness for the regal rights in general , and for the undoubted right of the dispensative power in particular . the same thing likewise hath been my aim in the several presidents i have given you of the ecclesiastical power by queen elizabeth ▪ king iames , and king charles the first exercised in suspending penal laws . the expression of tenderness for the rights of our princes hath been much used by the loyal patriot'y writers in the late reigns : and here i shall à propos apply it , as the resuscitatio , part. . p. . mentions it as used by my lord bacon in a speech in the house of commons in the reign of king iames the first , to the question now before us in the reign of king iames the second . his lordships words are , since therefore we have a prince of so excellent wisdom and moderation , of whose authority we ought to be tender as he is likewise of our liberty , let us enter into a true and indifferent consideration how far forth the case in question may touch his authority , and how far forth our liberty . and to speak clearly , in my opinion , it concerns his authority much , and our liberty nothing at all . that expression concerning tenderness for the regal rights was very acceptable to the house of commons , when his late majesty in his letter to them from bredagh , april . , thus made use of it , viz. we have not the least doubt but you will be as tender in and jealous of any thing that may infringe our honour and authority , as of your own liberty and property , which is best preserv'd by preserving the other . remember therefore that your tenderness for property is best preserv'd by your tenderness for the regal authority : and if you would have your thoughts adorn'd by a constant idea of true english loyalty like a noble picture retain'd there , let me direct you to a saying , which like an original drawn by a great master , may be fit for you to copy after , viz. that saying of the lord keeper coventry in a speech in the house of lords , viz. some would have the king's prerogative rather tall then great ; others è contra . but none can be truly loyal , but he that is a good patriot , and none can be a good patriot , but he that is truly loyal . nor need it be further insinuated to you , that without your keeping up a tenderness for the regal rights , you cannot maintain your tenderness for oaths . and here i must take occasion to tell you that one of my aims in entertaining you with the queries relating to oaths out of that book , was to lay before your thoughts a tenderness as to oaths in general , both in keeping the lawful ones you have taken , and in not imposing unlawful , doubtful , unnecessary , or inexpedient ones on others ; and on such as our prince considering the several constitutions of their minds both as to firmness and infirmness , hath thought fit to exempt from taking such strong physick . moreover if you will think that another of my aims was to mind you that the same queries might have been as ingeniously and ingenuously put in the year . before the passing of the test-act , as they were in debating the test-bill in the year , i shall allow you so to do . you may too ( if you will ) here occasionally consider how soon god in the course of his providence doth sometimes turn the tables , and make such who were lately so active in imposing on others oaths that seem'd doubtful and oppressive to them , to be in danger of suffering by the like impositions . mr. burrough's a pious independent divine ( who lived in the late times ) referring in his irenicum to the impositions and persecution design'd by the presbyterians against those of his perswasion , saith there , but the tables may turn one day , wherein the sufferers shall have the greatest ease , and the inflicters the sorest burthen . but god forbid that their brethren should lay it upon them , tho it were put into their power to do it . and you may take notice that the book we before spoke of , owns the activity of the roman-catholick lords then in hindering that test's being brought on protestants : the consideration whereof may ( i think ) justly incline all , who account it their happiness to have been freed from that design'd oath , not to grudge at the favour that hath been extended by the di●…pensative power to particular roman-catholicks excused from taking other oaths : or at any just favour if ever happening to be afforded them by the authentick interpretation of what in the statute-oaths seems doubtful to them . so tender was the government in the time of edward the th , about the not making the consciences of the people uneasie by oaths , that you will find it in the reformation of the ecclesiastical laws begun in harry the th's reign , and carry'd on in his , that the magna nomina who were employ'd to make a new body of laws , did in compassion to the consciences of those who took the usual promissory oaths for the observance of the statutes of universities , collegiate churches , and such like societies and corporations , order this clause to be added to the oaths , viz. haec omnibus partibus servabo , ●…uibus cum sacrâ scripturâ , cum legibus civilibus , & ecclesiasticis hujus regni consentient , & quantum vires meae patientur . the school-men ( saith one ) would be thought most tender and most curious in the point of oaths . they mince them out so fine , that a whol●… million of oaths may stand ( as some speak of angels ) on the point of a sharp need●…e . i have therefore not wonder'd at it when i have seen men standing on this sharp point of oaths , so often inconsistent with themselves . notwithstanding what i told you out of my lord coke , that an oath cannot be ministred to any unless the same be allow'd by the common law , or by some act of parliament ▪ neither can any oath allow'd by the common law or by act of parliament , be alter'd , but by act of parliament ; yet as you know that the house of commons in the th year of queen elizabeth desiring that no oath or subscription might be tendred to any at their entrance into the ministry , but such as is expresly prescribed by the statutes of this realm , except the oath against corrupt entring , did thereby however approve of the tendring of that oath , so my lord coke likewise , inst. . c. . viz. of simony seems to approve of that oath , in saying that simony is the more odious , because it is accompany'd with perjury , for the presentee , &c. is sworn to commit no simony , referring there to lynwood , and had before in that chapter referr'd to canon . iacobi . the oath against simony . you may too remember what i so lately told you of my lord coke's having with some approbation , or fair respect mention'd the clergy's oath of canonical obedience . and i can tell you that i lately looking on the charter of the corporation of shipwrights , granted by king iames the first in the tenth year of his reign , observed therein that thomas lord ellesmere lord chancellor of england , sir thomas flemming lord chief justice of england , sir edward coke lord chief justice of the common pleas , did pursuant to the statute in the th year of henry the th allow and approve under their ha ds and seals divers articles , acts , and ordinances for the better order , rule , and government of the art or mystery of shipwrights exhibited to them by the corporation , and did moreover o●…in the form of three new oaths to be taken by the officers and freemen of that corporation , and did disable the refusers of such oath to be members of the corporation . but i may here occasionally by the way tell you what you will find in croke d. sir edward coke sheriff of buckingham's case , viz. that upon several exceptions there mention'd as by him taken to the oath tender'd to him as sheriff , on the account of several additions alledged by him to be in the oath that were not in the ancient oath in the register , and afterward confirm'd and appointed by the statute of edw. the third ; and all the iudges being consulted as to the allowance of the same , tho they allow'd of his first exception namely as to his suppressing all errors and heresies commonly call'd lollaries , and being assistant to commissaries and ordinaries in church-matters , &c. and that that clause was fit to be omitted out of the oath , because it is appointed by statutes that are repeal'd , and was intended against the religion now establish'd , yet as to his second addition complain'd of , the greater part of the iudges were of opinion that an oath in this point may be well enjoyn'd by the king and order of state without parliament , and that it may well be imposed on the sheriff to take , being for the publick benefit and execution of the laws . and as to his fourth addition complain'd of , namely , that he should cause the statute of winton and the statutes against rogues and vagabonds to be put in execution , whereunto he excepted , because the statute of winton was alter'd , and the statutes against rogues and vagabonds are appointed to be executed by the iustices of the peace , and not by the sheriff : to this the judges said , that this fourth addition rests on the former reason , that this oath being appointed and continued divers years by direction of the state , altho without the express authority of any statute law , yet may he well be continued for the publick benefit in repressing such persons , &c. a. what a terrible thing was it that that clause about suppressing lollaries , &c. should continue in the oath so long after the reformation : and that sir edward coke should be the first protestant sheriff we have heard of whose conscience was so delicate as to refuse to swallow that poisonous clause ? b. you may too as justly say what a terrible thing is it that so many protestants who have formerly by the frequent swallowing the poison of contradictory oaths , habituated themselves to the quiet concocting of all oaths ( as the king of pontus brought himself at last to digest all poisons ) will yet be so ready to endeavour to compel the consciences of others to swallow such oaths that they believe or suspect to be poisonous ; a thing that hath probably tended to make so many among us to nauseate the use of all oaths as unlawful . a. whom do you mean by those ? b. the quakers . and here i shall freely tell you that providence having permitted so numerous a sect as that of the quakers among us to bear their testimony against the lawfulness of oaths in general , i shall be well content if the event of the bending the crooked stick the contrary way ( as my lord primate's expression was ) may be an universal tenderness as to oaths , as i just now described it ; and the want of which hath ( as i shew'd you at our last meeting ) been so scandalous to our country , and brought an opprobrium both on protestancy and christianity it self . alexander ab alexandro , l. . tells us , that there was no use of oaths among the phrygians . and tho grotius saith in his de jure belli & pacis , that jure gentium testi injurato non creditur , yet it was by polybius observ'd that in the better and simpler ages of the world oaths were seldom used in iudicatures . the athenians would not suffer xenocrates a person of known probity to take his oath at the altar , as a thing below his reputation . gellius , l. . c. . saith , verba proetoris ex edicto perpetuo de flamine di●…li & de sacerdote vestoe adscripsi . sacerdotem vestalem , & plaminem dial●…m in omni meâ jurisdictione jurare non cogam . and livy hath it , that among the romans the flamen dialis was not in any case allow'd to swear , least at any time he should forswear , which in him was held as the most hainous thing . i have too somewhere read plutarch cited for justifying to this purpose the reasonableness of their not swearing ; for that an oath was a kind of torture to a free man : and that it was absurd not to credit their words : and for that an oath draws after it an imprecation or curse in case they should be forsworn , which seems to be a detestable omination toward the priests of god. iosephus relates it , that the essenes word was as sure as an oath . so great likewise was the reputation of the christians in the ancient times for truth in matters asserted or promised by them , that the saying of christianus sum did frequently pass currant for the cautio iuratoria . and i shall always with reverence think of bellarmine's tutissimum , and of s. austin's nullum iuramentum tutum . a late ingenious writer apply'd to the clergy's obtaining canons for their not marrying , the observation that they always knew what was good for themselves ; but i shall think it more applicable to what i read of in the book of mr. ley beforementioned , p. . that as s. basil was very zealous in behalf of bishops that they might not be put to swear in respect of the peril of an oath , so he prevail'd so far as to free them from that peril : and that the council of challons , can. . was thus favorable to presbyters : and that the triburiensian council favour'd them with this constitution , that a presbyter should not be compell'd to swear , but instead of an oath , he should be question'd upon his holy consecration in verbo sacerdotis : because ( as the reason is there rendred ) our lord forbad his disciples to swear . and i shall tell you , that if you will allow lawyers to know what is good for themselves , you will find them of all sorts of men to have the greatest aversion against being witnesses . the iesuites too , who are by all reputed wise in their generation , are by dr. donne in his pseudo-martyr , p. . referred to as having so extraordinary an aversion against oaths , that he cites the spongia pro iesuit , p. . for their out-doing the essenes in hyperbolical detestations of oaths . i account it for the honour of the age that any one doth fall under the character of bipedum nequissimus who being sued by a quaker at common-law for a just debt , would obstruct such debt by an injunction out of chancery , till the quaker hath there answer'd a shamming bill upon his oath . and as by the clemency of his majesty's government , quakers there making answer upon their oath to captious bills hath been to the general satisfaction of the compassionate just ( as it were ) tacitly dispens'd with , and as likewise their promissory oaths of allegiance have been , i doubt not but his express or tacit dispensing with other loyal and conscientious particular persons doubting of the lawfulness or expedience of some promissory oaths , will be as generally grateful . i wish there were no greater superstition in the world then the quakers so much restraining to their epitomes of speech in commerce the interpretation of those words in s. matthew , but let your communication be yea , yea , nay , nay , &c. which were pursuant to the proverbial saying among the jews , iustorum etiam est etiam , & non est non . and as king athelstan's charter to his tenants the inhabitants of rippon i have elsewhere mention'd , viz. quod homines sui riponienses sint credendi per suum ya & per su●…m nay , in omnibus qu●…lis & curiis , &c. hath been by none that i have heard of look'd on with an evil eye , so neither by me should the like dispensation granted by our prince to any others he repined at . a. your having ( as it were ) diverted me by the thought of that superstition of the quakers , brings to my mind the pleasant entertainment you once gave me by lending me a book writ long ago , call'd a brief treatise of oaths exacted by ordinaries and ecclesiastical iudges to answer generally to all such articles or interrogarories as pleaseth them to propound : and of their forced and constrained oaths ex officio , wherein is proved that the same are unlawful . and i remember much of the matter in that author being dull , i came to somewhat at last recited by him , that had in it some sales , or what i may call some drops of spirit of vitriol , and which were but necessary to give a grateful acidity to his apozeme , when he toward the end of that book of oaths , in p. . and . thus brings in a rationale of the ceremonious manner of giving an oath , and of the manufacture of it as some men do fidem facere by it , viz. for in this matter of an oath they have devised according to their toying fantasie a certain foolish figurative ceremony in the ministring thereof . for the deponent for sooth must lay his three middle fingers stretch'd outright upon the book in signification of the holy trinity and catholick faith , and his thumb and little finger he must put downward under the book , in token of damnation both of body and soul , if he say not the truth . the thumb belike as the greater , representing the heavy mass of the body : and the little finger the light and incorpo●…eal substance of the soul. how superstitious also they were concerning this ceremony of the book ( little regarding the true use and end of an oath ) as appears by the allegorical exposition curiously set forth by one of their personate and counterfeit prelates , who saith that the circumstances in the act of an oath are very great and weighty , inasmuch as he that sweareth by a book doth three things : first as tho he should say , let that which is written in the book never do me good , neither the new nor the old law if i lye in this mine oath . secondly , he puts his hand on the book , as tho he should say , nor the good work which i have done profit me ought before the face of christ , except i say the truth which is founded in christ. thirdly , he kisseth the book , as tho he should say , let never the prayers and petitions which by my mouth i have utter'd , avail me any thing to my soul's health , if i say not truly in this mine oath . yet you must take this as meant only by this reverend father where lay men , or the baser sort of the clergy take an oath . for that blessed bonner not long since hath taught us this trick of his law , that a bishop may swear ( such is his privilege ) inspectis evangeliis & non tactis ; bare sight of the book without touch or kiss , will well enough serve his lordship's turn . b. well sir , throwing out of our thoughts the minutioe of all formal trifling ▪ let us not at the same time try to make men laugh and weep by imposing oaths on them . and let the consideration of this , namely that the noble morals enjoyn'd by the christian doctrine have not prevailed all this while to secure christians against one another without the garranty of oaths , or by the christianus sum not being still judged oequi-ponderous with an oath , impress a solemn grief on our minds . and considering that both the verbum regium , and the verbum sacerdotis have been so much allow'd equal to oaths , and that all christians ought to value themselves on being a royal priesthood , and on their great chief having made them kings and priests to god and his father , let us bemoan the present state of christianity and christians , having ( as it were ) decreed it that they cannot take one anothers words . and let the thought likewise of the insufficiency of the security of oaths themselves to keep up governments , work in us such a serious mortification and profound sense of the degeneracy of mankind , and such an inclination to place our chief confidence in somewhat above the words , or oaths of men , as becomes us . but i shall give you an instance of this at home too pregnant with horror . our thoughts have had a long melancholy walk in the peristyllium of the many interpretations that supported our great oath of supremacy , and as to which oath it being probable that a vulgar error having prevailed among many of the faction for some time before the year . namely that the oath of supremacy was intended to bind only in opposition to popery , occasion was thereby given to the fathers of our church to procure the last authentick interpretation of the assertory part of the oath in the canons of . and cautioning us there in the first canon against any independent coactive power whether papal or popular . but after our view of the orderly and necessary placing of all these polish'd and strong pillars of interpretation erected between the time of primo elizabethoe and the year , and after providence so ordering it at last , that the consciences of the loyal who were then reserv'd as lyons to guard the throne , had then a clear oath to guard their loyalty , and after their having then cause to say tantoe molis erat to render the oath both acceptable to conscience and adequate to its first reasonable intention , the land was punish'd with a dreadful rebellion , and the sacred obligations of the oath and all its interpretations could no more quench the raging flames of the civil war then the sprinkling of a little holy water could save a town on fire . you may therefore here again more particularly take it into your thoughts , that there is somewhat beside or beyond oaths necessary to incline heaven to preserve states and kingdoms and ecclesiastical polities therein , namely the trusting in god , and offering to him what the . psalm calls the sacrifices of god ; and without which the thought of the tantoe molis and the endeavour'd piling interpretation upon interpretation , or oath upon oath as high as heaven , and thereby designing to keep men together embody'd and united in the external profession of any state-religion , will prove as insignificant as did the old politicks i shall refer you to in the sacred story , and when the whole earth was of one language , and of one speech , and the vogue was , let us build a city and tower whose top may reach to heaven , and let us make us a name , least we be scatter'd abroad on the face of the whole earth . but heaven confounded their language , and their city was call'd babel , and their feared dissipation was their punishment . they were so diffident of the divine promise whose garranty they had , that they were resolv'd by their own hands to provide against all dangers of a future deluge , and having built their tower with brick , they thought 't would defend them from the power of fire , concerning which they had heard the tradition that a general destruction of the world should proceed from the fury of that element ; and they vainly endeavour'd to secure themselves against the anger of heaven rather by a lofty pile , then by lowly minds . a. that wretched vulgar error you referr'd to , did shew that the line of confusion was stretch'd forth on men's understandings as well as on the realm in that conjuncture : and i have observ'd that that vulgar error did last to the very time of the ferment about the exclusion , and long before which time as well as then some have talk'd and writ at this rate , viz. that the oath of supremacy was expresly made ( as the title of it shews ) to shut out the usurpation of foreign powers and potentates , and was not meant to provide against any popular usurpations or diminutions of the king 's supreme authority . b. o god! but to speak or write at that rate to conscience , is chicanerie . and i have elsewhere mention'd what one whom i cannot too often mention to be as fair a dealer with conscience as any the age hath had , told us in his sixth lecture of oaths , about the oath of supremacy binding in this case . you know i mean bishop sanderson , who there shews , that tho popes usurpations or arrogating to themselves the supreme iurisdiction in spiritualibus throughout this kingdom , was the cause of the oath of supremacy , yet the oath is obligatory according to the express words in the utmost latitude : the reason is , that the intention of a law is general to provide against all future inconveniences of the like kind , or nature . moreover the words in queen elizabeth's admonition referring to the persons call'd to ecclesiastical ministry in the church , as the doubters , and the tenour of all the subsequent interpretations as speaking them principally occasion'd by the doubters in the church of england , do further shew the vanity of that objection . and if you will more particularly think of the queen 's authentick interpretation of that oath and approved in parliament , you will find the oath of supremacy to be an oath of allegiance , and that it may be so-likewise properly termed . for in the beginning of the admonition you will thus find it , viz. the queen's majesty being inform'd that in certain places of this realm , sundry of her native subjects being call'd to ministry in the church , be by sinister perswasion and perverse construction , induced to find some scruple in the form of an oath , which by an act of the last parliament is prescribed to be required of divers persons for the recognition of their allegiance to her majesty , &c. a. as one may perceive by what the queen's interpretation in the admonition refers to , that there was a great ferment in the kingdom about the sense of the oath , so suitably to what you mention'd of the prudence of our ancestors that caus'd various ferments to go off so insensibly , the next parliament in approving her interpretation without troubling themselves to question the authentickness of it , doth corroborate your observation of the excellence of the english understandings . b. it doth so . the fermentation in the minds of the people you speak of had been epidemical . and tho one might fancy by the proem of the admonition that the interpretation as well as the dispensing with disability had an eye but on an inconsiderable number of people there referr'd to in the foremention'd words of sundry of her majesty's native subjects in certain places of this realm , &c. yet any one who knoweth the history of those times will find the interpretation and dispensation ( as i may say ) calculated for the meridian of all england , and the interpretation having an eye on all christendom . there was then in the morning of that queen's reign , and of the restoration of the reform'd religion , such a thick mist of causeless fears and iealousies that had generally o'erspread the minds of protestants and papists shortly after the birth of the statute of o eliz. c. o. that nothing but the supremacy both of power and reason that shone in her authentick interpretation of that statute could disperse , and that too not suddenly . for as mr. nye in his book of two acts of parliament , or observations on that oath , tells us , it is mention'd in the admonition that the queen 's ecclesiastical power is the same that was challenged and used , by henry the th , &c. which is supposed by some to be the same that was in the pope , the person only and not the power changed : so that our princes are but secular popes . this objection was strengthen'd by the subtlety of gardiner abroad : and at home by a sermon preach'd at paul's cross in the year . by dr. bancroft , who calls q. eliz. a petty pope , and tells us her ecclesiastical authority is the same which the pope's was formerly : and in the margin opposite to what he had said of the subtlety of gardiner , strengthening the objection abroad , hath these words , viz. whom calvin terms imposterille . and mr. nye afterward goes on to shew how the th article did remove the objection sufficiently . the author of the true grounds of ecclesiastical regiment , printed in london , a. . doth in p. . mention some mens objecting it against the ecclesiastical supremacy of our monarchs , that it may descend to infants under age , as it did to king edward the th , or to women as to queen mary and queen elizabeth , and that whatsoever we may allow to men , such as henry the th ; yet it seems unreasonable to allow it women and children . the papists think this objection of great moment , and therefore bellarmine in great disdain casts it out , that in england they had a certain woman for their bishop ; meaning queen elizabeth : and she knowing what an odium that word would draw on her both among papists and many protestants also , consults her bishops about it , and by their advice sets forth a declaration , certifying the world thereby , that she claim'd no other headship in the church , but such as might exclude all dependency on foreign headships , and secure her from all danger of being deposed , &c. the bishops in this did as warily provide for their own claim as the queen 's . and the roman-catholick author of the advocate for conscience liberty , discoursing of the oath of supremacy in p. . & seq . saith , that luther , calvin , knox , gilby disliked it : and mentions that a iurisdiction purely spiritual was communicated to h. the th by his supremacy , and assumed by him , and that he wanted his spiritual by-title of supremacy to justifie his divorce , a●…d his taking the church revenue into his hands : and that the protectorship in e the th's time by virtue of the oath of supremacy continued to make new church-laws , institutions , &c. and that queen elizabeth reassumed this iurisdiction , having a greater necessity for it then her brother , because her marriage was declared null by the pope . so then the state of protestancy abroad and at home call'd on the queen to distribute or dispense her supreme power in her law by her interpretation making a change not of it , but in the body of it : and which had it been changed by a repeal in parliament for another , would have seem'd to blemish her figure of semper eadem , and have reflected on the understandings and consciences of those who had before took the oath . there was then in that conjuncture an universal outcry of conscience that sin lies at the door , a thing worse then hannibal ad portas ; a burthen that hath caus'd all the groans of the creation that ever happen'd . and where there is periculum animae there is always periculum in morâ , and which the queen 's authentick interpretation did remove , and which was approved by the next parliament : and no noise made or complaining heard in our streets about any seeming alteration made in the law or oath it self , by the prerogative of interpretation or acquittal from the disabling punishments then exercised . and it is but congruous to humane nature and common policy in men when they see any thing not ill in it self done that hath eminently conduced to make the world easie , not to embarass such thing with litigious scruples about the fieri non debuit , nor to adventure to trouble the world again when it is inclined to and resolv'd upon its rest . some thoughts of this nature probably inclined my lord coke to shew the complaisance he did , not only to king iames his incapacitating canon about the double subscription , but as to the oath against simony & that of canonical obedience , and which inclined judge croke to be pleas'd with the canons of . tho containing the oath with an et caetera , and which made the iudges so apt to over-rule some of sir e. coke's exceptions to the sheriffs oath , as i have mention'd . you may indeed find that some among the puritans in some conjunctures in queen elizabeth's time , did presume to reproach the government of the church with her having dispens'd with the disability of some persons incurr'd by act of parliament . the author of the famous book publish'd in her reign , call'd , an abstract of certain acts of parliament , hath in the conclusion these two factious queries , viz. whether a mere lay-man , no doctor of the civil law , may be a bishop's chancellor , and so may excommunicate ? whether a mere lay-man no doctor of the civil law , may be a bishop's register , contrary to an act of parliament ? the author intendeth there to referr to the statute of o. h. . c. . and as he had before expresly done in p. . & seq . and of which statute we have so much discours'd ; and he in p. . instanceth in many lay-men who were not doctors of the civil law , and yet then exercised ecclesiastical iurisdiction . he had too in p. . took notice that as that statute establish'd and confirm'd to the king and his successors , and so unto our most gracious soveraign the queen's majesty that now is , lawful preheminence , power , superiority and lordship over all persons within her dominions of what state or condition soever , touching punishments for any heresies , errors , vices , schisms , abuses , idolatries , hypocrisies and superstitions springing or growing by means of any her disobedient and disloyal subjects ; so hath her majesty by her injunctions publish'd , that her highness did never pretend any title or challenge any authority to punish any of her subjects for any of the said offences by censure ecclesiastical in right belonging to her royal person ; but that her highness meaning and intent is and always hath been to commit the execution thereof always to the ecclesiastical state of her time : and he then sets down her interpretation in the admonition . but had that author consider'd how it was declared by that statute , that by holy scripture all authority and power is given to his majesty , and all such persons as his majesty shall appoint to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever ; and that this statute was revived by the st of eliz. he would not have wonder'd at the queen's allowing that statute to be dispens'd with as it was . nor would any one therefore wonder at the royal martyr in the th and th canons of a. . condescending to humour the complaints of the puritans by an equal interpretation of that statute of o h. . and by dispensing with it as he did ; and that so far as to the disabling lay-chancellors to proceed in such censures as they were enabled by that statute to do . mr. bagshaw in his first argument in parliament concerning the canons thus reflects on the clergy for those two canons , viz. concerning the th and th canons touching the freeing and discharging of chancellors and officials from executing any excommunication in their own person , or any censure against the clergy , because they are lay-men ; i say , that in doing and enacting this they have done quite contrary to an act of parliament still in force , in taking from them this power of exercising the censures of the church which that statute gives them : which i did look when some civilians now in the house should have maintain'd . and altho it were to be wish'd that only clergymen should have this power of excommunication , and other censures of the church ; yet seeing an act of parliament hath given this power to lay-men , it is high presumption to make canons against it . but he well knew that after the stamp of the royal authority put on these canons as well as before , lay-men in the court of delegates did excommunicate , and as they did in the high commission . and you may observe it , that in the commission granted primo elizabethae to her commissioners pursuant to the statute of that year , there were but two clergy-men ( and those bishops ) and lay-men . my lord ▪ coke , inst. . c. . writing of the high commission in causes ecclesiastical , saith , there is no question but the commissioners for such causes as are committed to them by force of this act , may , if the commissioners be competent , proceed to deprivation of the popish clergy which was the main object of the act , or to punish them by ecclesiastical censures , &c. and without question if the commissioners be competent , that is , if they be spiritual men , they may proceed to sentence of excommunication , which may right well be certify'd as well as excommunication before commissioners delegates : both of these authorities being under the great seal , &c. and excommunication certify'd ly commissioners del gates hath been allowed as it appeareth in . eliz. dyer . . and in many cases acts of parliament have adjudged men excommunicate ipso facto . but if they be meer lay-men , the fault is not in the statute or in the law , but in the nomination : and upon certificate made of the excommunication according to law , a significavit , or cap. excom . shall be awarded out of the chancery , for the taking and imprisoning the bodies of such excommunicate persons . but had his lordship ( as i said in the case of the other author ) consider'd how by the statute of . h. . it was declared that by holy scripture all authority and power is given to his majesty , and to all such persons as he shall appoint to hear and determine all manner of causes ecclesiastical , and to correct uice and sin whatsoever , he would not ( i believe ) have thought lay-men incompetent or incapable persons so to have acted in the high commission , or delegacy , or have said there was any fault in the nomination of lay-men . and yet you see my lord coke shews you how the government then acquiesced in such nomination ; and assisted the execution of the sentences given by such as he thought incompetent . nor are we therefore to wonder at what mr. bagshaw mentions of the civilians in the house of commons not objecting that the king had done contrary to an act of parliament in taking from bishops , chancellors and officials the power of exercising church censures given them by the act : and which by the power declared in that act to be given him by holy scriptures , he might have either continued to them , or abridged or taken away the exercise thereof from them , if he had pleas'd . and considering that the lex scandali doth equally oblige kings as well as subjects in point of conscience , it is not to be wonder'd that that tender-conscienced king did in that conjuncture think himself obliged so equitably to make his interpretation of that statute as in complaisance with some of his subjects who had took offence at lay-chancellors power of excommunicating , to disable them to it . i told you before how that pious prince did in complaisance with the fathers of our church think himself obliged to exercise his regal power of interpreting or declaring , and when in a. . he issued out his proclamation declaring that the bishops holding their courts and issuing process in their own names were not against the laws of the realm , and that the iudges resolutions were notify'd therein to that purpose , and that the ferment about that point was setled , and the bishops issuing out their processes , was setled too ; the which proclamation too you will find mr. bagshaw mentions in his second argument , where p. . he tells you of the bishop's having procured a proclamation , a. . declaring the opinions of the iudges , that the statute of o edw. . c. . is repeal'd and of no force at this day , and that bishops may keep courts in their own names . and i shall now tell you , that as in the year . the bishops were in so full and peaceable possession of their privilege of issuing out of their processes in their own names , by means of what his majesty had declared pursuant to the resolutions unanimously given by all the iudges and the barons of the exchequer ( and of which sir e. coke saith , inst. . that they are for matters of law of highest authority next to the court of parliament ) so by iudgment of parliament the settlement of that controversie by virtue of his majesty's declarative power so exercised , was afterward approved . a. that is a thing i would gladly hear of ; for one would think that the exercise of the regal power of declaring or interpreting what relates to an act of parliament might occasionally heighten a ferment in stead of abating it . b. you will find little or no cause if you consult our ancient english story ( and there see how the mutual confidence between king and people hath in several ages supported the government ) to fancy that declaratory proclamations relating to acts of parliament did make any ferment . the interpretation of the statutes hath in all causes between party and party , and wherein meum and tuum and property are concern'd , been by ancient usage under our kings still left to the iudges : and the proclamations of our princes on great emergent occasions in the state declaring or interpreting their laws pursuant to the supreme power committed to them by god for the good of their people , hath still been observ'd to tend both to the good of the people and the laws too . if you will look on all the declaratory proclamations in the reigns of queen elizabeth and king iames , of which you have a collection , you will ( i believe ) find none but what were acceptable among all their loyal subjects . but as to this declaratory proclamation of king charles the first before-mention'd , you will find it ( as i told you ) approved in parliament . and if you will please to consult in your statute-book the act of o car. . c. . of which the title is explanation of a clause contain'd in an act of parliament made in the th year of the late king charles , entituled an act for repeal of a branch of a statute o elizabethae , concerning commissioners for causes ecclesiastical , you will there find that this act of the late king 's loyal long parliament , viz. o car. . hath in it three proviso's . the first is concerning the high commission-court : the second proviso is concerning the taking away the oath ex officio . and the third proviso is , to limit and confine the power of ecclesiastical judges in all their proceedings to what was and by law might be used before the year , which plainly includes , allows and approves king charles the first 's proclamation in the year . in the time of a former disloyal long parliament , the regal power of interpreting or declaring was by them represented as a gravamen , and while yet they usurp'd that power themselves . if you will look on the declaration of the lords and commons , in husband's collections , p. . you will there find they say , it is high time for the whole kingdom now to understand that his majesty's authority is more in his courts without his person then in his person without his courts , when the power of declaring law shall be deny'd to the whole court of parliament in particular causes before them , ( for we have claim'd it , we have exercised it no otherwise to be obligatory as a judicial declaration of the law ) and shall be attributed to his majesty to do it in general by his proclamation without relation to a particular case , and making his interpretation of the law to be a rule in all cases , as in divers late proclamations he hath done . and if you will look on his majesty's answer to the declaration of b●…th houses of parliament of july . . you will find there very many profound observations and presidents , and authorities of law , and wherein he several times refers to the happy times of that good queen elizabeth , as well as to ancient times , and he thence taking his measures , saith in p. . the king caus'd proclamations to be made ; for in such cases proclamations declaratory were not conceiv'd in those times to be illegal ▪ &c. and you may easily imagine this power of authentick interpretation very well consistent with the just power of the house of lords in declaring the law in a particular case : of which i occasionally mention'd to you the late earl of anglesy's opinion . but how not only the lords , but the house of commons did often during the late rebellion encroach on the regal power of declaring , and by ordinances without and against the king's consent , i shall some other time shew you at large . a. can you readily now at this time give any instance of the house of commons th●…n doing any thing of that nature ? b. yes : and i can refer ●…ou for the fact of it to the declaration of king charles the first , of august . . to all his l●…ving subjects ; and who there mention●… ▪ that after several in imations of treasons , plots , and conspiracies 〈◊〉 the papists , of great provisions of arms by them , and training men under-ground , and many other false reports created , spread and countenanced by themselves upon some general apprehensions of designs against them , a protestation is made in the house of commons for union and consent among themselves to perform those duties which ( if they had meant no more then they had express'd ) had been sufficiently provided for by the oaths they had already taken , and which their former duties obliged them to . hereupon a protestation is framed , and being put into such words as no honest man could believe himself obliged by it to any unlawful action , was voluntarily taken by all the members of the house of commons , and presently recommended to the house of lords , where it receiv'd the same countenance : that is was look'd upon as containing nothing in it self unlawful , tho some members of that house refused to take it as being voluntary , and not imposed by any lawful authority . then 't is recommended to the city of london , and over all the kingdom by order from the house of commons ( a strange and unheard of usurpation ) to be taken by all persons . but within very few days , upon conference among themselves , and among those clergymen who daily sollicite their unlawful and unwarrantable designs with the people , they find they were by this protestation so far from having drawn people into their combination , that in truth all men conceiv'd that they were even engaged by it against their main design , by promising to defend the true reform'd protestant religion express'd in the doctrine of the church of england : and thereupon some persons of that faction prevail'd , that after the members of the houses had taken it , a declaration was set forth by the house of commons , that by those words the doctrine of the church of england , was intended only so far as it was opposite to popery , and popish innovations , and that the words were not to be extended to the maintenance of the discipline and government , &c. and so under this explication and declaration publish'd only by the house of commons , and never assented to by the house of peers , this protestation was directed to be generally taken throughout england . and to that purpose a bill is drawn , passed the house of commons , and sent up to the house of lords , who at the second reading finding many particulars in it unfit to be so severely imposed upon the subjects absolutely rejected . you see here again an instance of the prudence of the great consiliarii na●…i , his majesty's great councel , in not aiding the faction against prerogative in that point . for tho on the account of his majesty's tacit dispensation by way of connivence presumed in that conjuncture , many of the loyal of the church of england did take that protestation and concur in the recommendation ( his majesty not having prohibited the taking of it , as he did a●…terward by a proclamation forbid the taking of the covenant ) ●…et when it was visible that such an interpretation so encroaching on the church of england , and on prerogative , was design'd without and against his majesty's approbation to be imposed on the people ; it is not to be wonder'd that the lords ( as things then were ) rejected a bill of that nature . but it follows then in his majesty's declaration , yet of this we took no notice , but pressed still the disbanding of the armies , &c. so that the ferment about the protestation , and the trouble it gave the kingdom by the super-induced interpretation , were in a short time over . a. you having from the occasion given you by queen elizabeth's power of interpreting , and by her dispensing with disability in all who took the oath of supremacy according to the sense notify'd in the admonition , referr'd my thoughts often to the regal power of interpreting , and having in the beginning of our discourse this meeting , left it to me t●… consider how much the power of dispensing with any law may be thought ●…o-incident with interpreting , and promised me that you would some other time shew me at large that the dispensing with laws is in effect the equitable interpreting that in such and such cases and circumstances they were not intended and ought not to bind , but ought to be relax'd , i shall be glad if before we part , you would do it . b. i had rather do it at our next meeting . and if in the mean time you please to entertain your self with bishop taylor 's ductor dubitantium , you will there find much learnedly writ of this subject . and he there in l. . c. . particularly tells us , that the interpretation of laws made by iudges , is matter of fidelity , and nothing of empire and power : and it is a good probable warranty of conscience , ●…ut no final determination in case any doubt happen to oppose it . no man is to ask favour of the iudge , but of the prince he may . and he had before said , that when the power that made the law doth interpret it , the interpretation is authentical and ●…bligeth conscience as much as the law , and can release the bond of conscience as far forth as the interpretation extends , as if the law were abrogated , and that whether it be by declaring the meaning of the law , or by abating the rigour , or by dispensing in the case , or enlarging the favour , or restraining the severity , it is all one as to the event of the obligation of conscience . a. but it seems then that he makes the declaring or interpreting the meaning of a law , and dispensing to be different things . b. he had an excellent metaphysical head : and his method of writing in that chapter , of the several ways of the changing of humane laws , was partly after the example of suarez in his book de legibus , and who was a voluminous writer of metaphysicks , and writing of any subject could not recedere ab arte suâ in that learning that is so infinitely prolifick of artificial distinctions without natural differences . i mention'd the bishop's but partly writing after the way of suarez ; for he was far from crumbling the weightier points of the law into the minutiae of metaphysicks as the other did ; and he in his excellent preface doth very passionately complain of moral theology , having been made an art of the schools , and that what god had made plain , men have intricated ; and for that purpose saith , there is a rule among the lawyers , which very much relates to the conscience of those men who are engaged in suits and sentences of law in all countrys which are ruled by the civil law , in quolibet actu requiritur citatio : of this rule porcius brings an hundred and sixteen ampliations , and an hundred and twenty four limitations , &c. and thus suarez in his th book de legibus , ( and the title of which book is , the interpretation , cessation and change of humane laws ) hath there twenty seven chapters concerning the same : and where his first chapter is , of the way of rightly interpreting an humane law : his d , of the extension in them by interpretation of them : and his d , of the extension to a case not comprehended : his th , doubts of the extension of laws : his th , of the restriction by interpretation : his th , of the ceasing of the obligation of a law in particular contrary to its words : his th , of the excusing of a law by equity : his th , of the use of equity without recourse to the prince : his th , of the ceasing of a law upon its cause ceasing : his th , of dispensation in an humane law : his th , of the effects of dispensation : his th , of the material cause of dispensation : his th , of the form of dispensation ; and so on in the others with much metaphysical subtlety . but the bishop in his before-mention'd third book and th chapter , viz. of the interpretation , diminution and abrogation of humane laws , brings in but seven ways of the changing of humane laws , so that the obligation of conscience is also changed ; whereof his first is by equity . his second is by interpretation . his third , by a contrary , or a ceasing reason . and his fourth by dispensation , &c. and of which latter he saith , if we use the word improperly , dispensation can signifie a declaration made by the superior that the subject in certain cases is not obliged , that the law-giver did not intend it , &c. but when dispensation signifies properly , it means an act of mere grace and favour proceeding from an extrinsick cause ; that is , not the nature of the thing , or the merit of the cause , but either the merit of the person , or some degrees of reasonableness in the thing , which not being of it self enough to procure the favour of the law , is of it self enough to make a man capable of the favour of the prince , &c. but as here in this nice distinction , he is enforced to make him who doth dispensare to do that which the canonists make the ratio nominis of it , namely diversa pensare , and in the scales of equity to weigh and interpret the degrees of the reasonableness of the thing , so in his handling of the prince's power of interpreting , he makes equity co-incident with it , and refers to the law in the code , viz. inter aequitatem jusque interpositam interpretationem nobis solis & oportet & licet inspicere : and his instances of that power of interpretation are referr'd to the favours shew'd by it to persons , and particularly to solomon's absolving abiathar from the sentence of death , because he had formerly done worthily to the interests of his father david . and then saith , now this power tho it may be done by interpretation , yet when it is administred by the prince , it is most commonly by way of pardon , absolute power and prerogative . when a law determines that under such an age a person shall be uncapable of being the general of an army , the supreme power can declare the meaning of the law to be , unless a great excellency of courage and maturity of iudgment supply the want of years : in which very case , scipio africanus said wisely , when he desir'd to be employ'd in the punick war , se sat annorum habiturum si populus romanus voluerit . thus tiberius put nero into the senate at fifteen years of age , and so did augustus the like to tiberius and his brother : and the people declar'd or dispens'd with the law in pompey ' s case , and allow'd him a triumph before he had been consul or praetor . and he had before said , when the law-giver interprets his law , he doth not take off the obligation of his law , ( i. e. meaning the obligation of his law in general ) but declares that in such a case it was not intended to oblige . tacitus tells of a roman knight , who having sworn to his wife that he would never be divorced from her , was by tiberius dispens'd with , when he had taken her in the unchaste embraces of his son-in-law . the emperor then declared , that the knight had only obliged himself not to be divorced , unless a great cause should intervene . and thus suarez himself in his said th chapter , de dispensatione in lege humanâ makes dispensation apply'd to signifie an act quo quis ab obligatione legis eximitur , and saith , quia unus modus esse potest per interpretationem , ideo potuit etiam in eâ significatione usurpari : tamen in hac etiam significatione sumpta , non quamcunque interpretationem legis , sed illam solam quae in casu dubio , & per potestatem superioris datur ad liberandum subditum ab obligatione legis significat : quia haec tantum est actus administrationis & potestatis adeo commissae . et illa tantum tollit aliquo modo onus legis , quod sine tali potestate auferri non posset : and so ( saith he ) 't is agreed on by all that dispensation is an act of iurisdiction : but 't is drawn into the law to signifie the taking away the vinculum of the law in particular cases , and so we generally use it . a. but metaphysicks apart . i shall not trouble my self about what is what , but what is my duty by virtue of my oath . and i observe , that what you cited out of the bishop , viz. that when the power that made the law doth interpret , the interpretation is authentical , &c. may render him no favourer of an interpretation not made in parliament by the legislative power . b. i shall sometime at our meeting again observe to you what the bishop hath there asserted , l. . c. . that kings have a legislative power in the affairs of religion and the church , and where he saith , that the least part of this power is to permit the free exercise of it , and to remove all impediments , and to give it advantages of free assemblies , and competent maintenance , and publick encouragements , &c. and shall then shew you what power circa sacra the church of england with great prudence and justice allow'd our princes in the introducing the reformation , ( and which its constitutions and canons have since owned ) and from the allowance of which power , our great church-men then knew there could be vestigia nulla retrorsum in the case of a prince of any other religion coming to the crown . but i shall at present tell you that as to what i have mention'd to you out of suarez and that bishop , altho you need neither now nor at any time to charge your memory with the subtlety of distinctions , and of the propriè and minus propriè when you are in eager pursuit of the substance of things ; you will find in both those authors what is very substantial about the doctrine of dispensing : and what i have cited of their rendring dispensing and interpreting thus co-incident is à propos , and may mind you of princes being both empow'red and obliged in justice in their administration of the executive power of their laws to declare or interpret their religionary penal laws as dispensable in relation to particular times and persons . and you may therefore here call to mind that passage in the council of trent , viz. that on fryar adrian ' s vociferating there about the pope's dispensing being an arbitrary favour , verdune the famous french divine took him down with saying , that it is a fond perswasion that dispensing is a mere favour : for it is as good distribute iustice as what is most so . and the priest sins if he giveth it not ; for it is nothing else but a right interpretation of law. you may very well suppose that thoughts arising from those words in the ordination of bishops , viz. that you have your authority not to destroy , but to save : not to hurt , but to help , &c. to be so merciful , as not to be remiss : so to administer discipline , as not to forget mercy , &c. have formerly inclined our bishops in the reigns of king iames and king charles the first to think themselves obliged to interpret and declare the laws about church discipline as dispensable , and to dispense with them in the cases of mr. hildersham and mr. dod , as i told you at our last meeting . and can you here see an act of parliament that thus s●…tleth the ordination of bishops , and which act not only allows but requires them thus to interpretari & dispensare in lege , or in an act of parliament ; and fancy it possible for the king ( when as the act of o h. . tells you that archbishops , bishops , archdeacons and other ecclesiastical persons have no manner of iurisdiction ecclesiastical , but by , under , and from his royal majesty ) not to be empow'red to exercise such jurisdiction ? and i may here add , that when it is declared in the statute of o eliz. c. . that the queen's majesty may orda●… such further ceremonies and rites as may be most for the advancement of god's glory , &c. will any one wonder at the crowns relaxing the penal laws about rites and ceremonies in the case of particular persons ; and as edward the th ( as is known ) did in the case of bishop hooper ? and if you have a mind to see an act of parliament , that not only approves the prince's remitting of his penal laws , but what applauds some excess in so doing , i can for that purpose direct you to the act of o edw. . c. . in the beginning of which 't is said , nothing being more godly , more sure , more to be wish'd and desired between a prince the supreme head and ruler , and the subjects , whose governor and head he is , then on the prince's part , great clemency and indulgency , and rather too much indulgency and remission of his royal power and just punishment , then exact severity and iustice to be shew'd , &c. but as when we were near the end of our former conference , you rightly observ'd that many perverse people would be crying out that any lawful dispensing with the laws establish'd , was contradictio in adjecto , so i shall now observe to you that any who to the diminishing from a prince's character of being just , presume to insinuate it that a prince's valuing himself on that character , and yet shewing mercy to some in releasing them from the bonds and penalties of some of his laws , is a contradiction , do appear to me great objects of compassion in so erring . and for this i shall refer you to the happy future state of england , where in p. . 't is said that he who separates mercy from iustice , is unjust to the very name of iustice , and robbeth it of the better half of its signification , leaving its teeth and claws , and taking away its heart and bowels . jarchas the indian , and chief of the brachmans in philostratus is brought in finding fault with apollonius tyaneus and others of the greeks , for that they confined and apply'd the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to those only who do no wrong to one another , and telling them that they were in an error , for saith he among the chiefest offices of iustice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 together with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ought to be reckon'd up . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 just and kind men are convertible terms in aristophanes , and joyn'd both together in plutarch : and aristotle saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , moderation or clemency is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : a piece of justice better then all justice . and you will find mr. gregory there cited for relating it in his opus●… . that the mahumetans have another lord's prayer , call'd by them the prayer of jesus the son of mary , and that endeth thus , and let not such a one bear rule over me that will have no mercy on me , for thy mercies sake , o thou most merciful . a. i say amen to that petition ; and do at the same time pay my thanks to heaven for that one doth bear rule over me , in whose great genius iustice and mercy do appear to the world as the same thing : and whose iustice when ever any one shall come to paint in story , he will not need to do it in the way of a half-face to hide any defect of mercy : and wherein if any prince be deficient , his historian will be put to do it in the way i mention'd ; and as pliny tells us , appelles drawing the face of a king who had but one eye , and intending to conceal that defect , was put upon the painting him turning his visage a little away , and so shewing but the one side of his face : and from whence pliny makes the invention of that way of painting to have come . but as i have now represented iustice and mercy to you to be the same thing , so at some other meeting i shall shew you that dispensation and mercy are the same : and in the mean while i shall tell you that there was a time namely throughout the reign of queen elizabeth , and in part of the reign of king iames the first , when the learning about dispensations was not in england , dark learning , but generally understood , and that not only by the writers of the church of england , but by the puritan writers : and i shall shew you when this learning went to sleep , and which i account not to have been again awaken'd till in the conjuncture of thomas and sorrel's case . but when i come to entertain you with the learned notions about it out of some of our church of england - writers , i believe you will not in the least startle at the thoughts of your prince's dispensing with disability . one of those writers writ of the subject before suarez , and whose book i suppose that our excellent bishop taylor happen'd not to have read , because i met with no references to it in his ductor dubitantium , and where probably there had been many , had the bishop read it . the book speaks the author to have been profoundly knowing in the civil and canon law , and not unacquainted with the lex terrae , and one who ( i think ) made a great figure in the administration of the discipline of the church of england , and whose great talents might probably cause our great church-men then to engage him for their champion against some of the puritan writers , who look'd with an evil eye on the regal dispensing with disability or incapacity in many of our clergy-men . and as when of old some of the english-understandings were employ'd in the writing of school-divinity , they penetrated as far into the subtleties of it as those of any nation , so i may tell you that ( in my poor opinion ) that author hath writ of the learning of dispensations both with all the subtlety and solidity requisite , and more substantially then suarez . i shall lay the book before you at our next meeting , but shall now tell you , that as to some points we have been discoursing , he observes that there is a dispensation call'd of iustice , as it were , an interpretation or declaration of the true meaning of the law juxta aequum & bonum : and he cites the canon law to prove that dispensation is a due , for that the precept of mercy is common to all . and i may tell you here , that if you will look on your durand's speculum in his first volume , where he writes so copiously of dispensing , his style is , dispensatio sive misericordia . a. you have taken care enough to make my entertainment in this meeting end with an appetite for another ; and the rather for that nothing is more pleasant to me then to find an historical account of the progress of any controverted point of any learning that hath made a ferment in church or state. and tho as the course of providence hath made the knowledge of this learning to be the opus diei , and so the ignorance of some , and malice of others hath made it look'd on as angry work , and as frightful as a comet , and as odious as if it were to bring us under a torrid zone ▪ yet ( i think ) your having surrounded the nature of dispensation , with such mild and gentle rays as to represent it to be of the nature of the sol justitiae with healing in its wings , must needs engage the knowing to bid it welcom with a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and make all their animosities and ferments about it to be soon over . b. truly i do not suppose that any knowing man can have an aversion against it , and that this learning non habet inimicum nisi ignorantem . and that you may continue in your judgment of any ferment about the dispensative power being soon over , i can refer you to another iudgment of parliament , wherein a great tenderness for this branch of prerogative is shewn , namely in the statute of octavo elizabethae , c. . and to which that excellent and learned person , and great ornament of the law , sir robert atkins ( as you will find it in keble , vol. . ) referring in his argument in chomas and sortell's case saith , . eliz. cap. . takes notice of licence to dispense with such laws as were pro bono publico ; yet doth not forbid it , but rather compounds the matter . it hath been the luck of dispensation to meet with an ill name from some of our famous writers , who tell us that there were no such things as dispensation or non-obstante heard of till they came from rome here in the year of our lord . and that afterward kings learn'd from popes to dispense with their laws , whereas before they caus'd their laws to be observ'd like those of the medes and persians ; as the irish reports tell you in the case of commendams , and whereupon mr. prynne on the fourth part of the institutes , c. . treating largely of non-obstantes calls them papal engines . and our old monkish writers have been quoted for bestowing the terms of legum vulnera , infames nuncii , and repagalum , &c. on dispensations and non-obstantes . but i shall at our meeting again shew you that the practice of dispensing may easily be traced to the imperial laws : and this you may soon find , if you will look on dr. donne's pseudo-martyr that you have by you , and where you may guess at the age of dispensations , by his referring you in p. . to the divinae indulgentiae , in the digests , and his telling you out of the code that theodosius and valentinian making a law with a non-obstante did praeclude all dispensations which the emperors themselves might grant , in these words , si coeleste proferatur oraculum , aut divina pragmatica sanctio . and if you will look on gothofred's notes on the l. iubemus . c. de sacrosanctis ecclefiis & de rebus & privilegiis earum , cited by the doctor there , you will thus find it in those notes : caeleste oraculum quid est ? principis dispensatio . there is another thing i have not had time now to discourse with you about , and that is of the nature of laws in terrorem , as i intended , and which suitably to the wisdom of a father in menacing a child with cutting off his head if he doth this or that thing , are by the pater patriae and the estates of the realm sometimes lawfully made to intimidate men grown childish and vain , by sanctions of punishments not intended to be executed according to the general tenour of such laws . but as what may make for my purpose of shewing you how worthy it is of the majesty of princes to incorporate mercy with iustice in dispensing with many particular persons , and even to the freeing them from the terror of those laws in some angry conjunctures when others were to be affrighted with them , i shall refer you to king iames his proclamation of iune the th , in the year . and where having mentioned the religion of the roman-catholicks , he saith , we de●…ïre still to make it appear in the whole course of of our government , that we are far from accounting all those subjects dis●…oyal that are that way affected , and that we do distinguish of such as be carry'd only with blind zeal , and such as sin out of presumption , &c. and therefore as after times must give us tryal of all mens behaviour , so must all men expect that their own deserts must be the only measure of their fortunes at our hands either one way or other : and having before spoke of the gun-powder treason , and the doctrines of some priests that might encourage it , and said that thereby there is sufficient cause to justifie the proceedings of us and our said parliament in the making and execution of these last and all other former statutes tending to the same end , it followeth , nevertheless seeing the soveraign care appertains to us who have the soveraign power of iustice in our hand , and the supreme dispensation of clemency and moderation of the severity of our laws is likewise as proper to us to use , whensoever we shall find it reasonable , the same deserving to be no less allow'd in us ( being in our dominions god's lieutenant ) then it is prais'd in him among whose highest titles it is that his mercy is above all his works , &c. the king in the beginning of his proclamation having profess'd his zeal for the religion of the church of england by law establish'd , and his constant resolution for the maintenance and defence thereof , said , of which our purpose and determination , beside all other our former proceedings ( since our entry into this kingdom ) we have given a new and certain demonstration by such two acts as have been passed in this session of our parliament , both tending to prevent the dangers and diminish the number of those who adhering to the profession of the church of rome , are blindly led ( together with the superstition of their religion ) both into some points of doctrine which cannot consist with the loyalty of subjects toward their prince , and oft-times into direct actions of conspiracies and conjurations against the state wherein they live , as hath most notoriously appear'd by the late most horrible and almost incredible conjuration , &c. the two acts there referr'd to are those that you will find in your statute-book , anno tertio jacobi regis , cap. . an act for the discovering and repressing popish recusants ( and in which the oath of allegiance is contain'd ) and cap. . an act to prevent and avoid dangers by popish recusants , and whereby popish recusants convict are disabled from bearing office. but here you see how that wise prince so soon after so horrid a real plot did by distinguishing in his proclamation between the principles of some roman-catholicks and others as to loyalty , and alluring the loyal by the avow'd dispensative power of his mercy , and hiding them under the wings of his mercy from the terror of his laws and affording to all his subjects who should afterward behave themselves well , a tabula post naufragium as to the expectance of making up their fortunes , think himself obliged then to cause his moderation to be known to all men . and you may hence take occasion when you think of the many acts in terrorem in the statute-book , and where there is no proportion between the crime and the punishment , and in some that seem inflictive of punishments in the case where men cannot be to any but the searcher of hearts known to be criminal at all ( as for example in their owning some problematick points of the christian religion ) to consider that most probably the wisdom of the government would not have pass'd them but on the suppo●…ition of the regal power of dispensing therein , expresly or tacitly . you see how the laws commonly call'd sang●…inary , have been tacitly suspended : and i may tell you , that tho i desire to live no longer then i shall be a maintainet of the internal communion due from all christians to all christians as a part of that holiness without which no man shall see god ; yet i should soon withdraw from the external communion of the church of england , if it own'd the justness of such laws otherwise then as in terrorem●… and if it owned the lawfulness of putting men to death for the profession of any religionary principles , their liberty to prosess which was purchased for them by the blood of their redeemer . but i need not say more now about cautioning you or any one against the taking offence at any of our laws , laws , through want of considering which of them were designedly made for terror . i might here likewise as to many acts about trade that swell the statute-book apply the consideration of the regal power of dispensing therein having encouraged our ancestors to perpetuate them as laws . a. the truth is you now put me in mind how i having long ago spent much time in considering the trade and traffick of our country , and of other parts of christendom , and finding that shortly after his late majesty's restoration , one of his ministers had in a publick speech intimated it to the parliament , that his majesty had setled a councel of trade , consisting of some of the lords of his privy councel , and of some gentlemen of quality and experience , and of some principal merchants of the principal companies , i had the curiosity to look over their iournals and their advices , and reports to the king , and there i found somewhat of the same notion with yours in one of their reports to his majesty . for there in one of their papers of advice addressed to the king , taking notice that what they conceived fit to be done for the advancement of the trade of the realm , was prohibited by divers ancient statutes , they make them imply that the thing might be done by the king's licence or dispensing , and whereupon they thus go on : and therefore finding this dispensation to be your majesty's prerogative preserv'd entire to the crown through so many of your royal progenitors , we have not thought fit to touch further upon this matter , as being humbly confident that your majesty's subjects shall upon all occasions be indulged the like , if not more ready relief and accommodation for their trade from your majesty's royal grace and bounty : only because the observation was obvious , that perhaps all former parliaments purposely left this door open to the people by the grace of the king to be reliev'd with those dispensations , as foreseeing how difficult , if not impossible , or how inconvenient at least it might be altogether to restrain what those statutes prohibited , we could not omit the same in this place , &c. b. and you have put me in mind how a very loyal and judicious gentleman of that councel of trade , ( and whom i look on to be as deeply study'd in the business of trade and traffick as any one of the age ) was pleas'd once to give me his opinion in discourse , that a vast number of our statutes made for the advancement of trade did really depress it ; and he then told me , that the making of one new law against the giving alms to beggars in the high-way , would enrich the nation almost more then all our old statutes . a. i have many times been apt to think so . and considering how great a part of mankind every where the credulous are , and that the beggars are a necessary tax upon the credulous ; as we must imagine that a great loss happens to the well-meaning people in the nation through the profusion of their charity to pa●…pers in the high ways or streets , so again considering the vast numbers ▪ of such pa●…pers , and how valuable their industry would be to the publick , if necessity the mother of industry through their not being relieved in the high-ways or streets made them advantageous to the kingdom instead of being nuisances to it , one may easily guess that an act of parliament of that nature would awaken trade and manufacture to a much higher proportion than our many sleeping statutes can do . b. why , then ; i must tell you what i told him , namely , that there is such a statute in being , and long ago made , and that the execution of this statute hath been in the populous suburbs of our metropolis ( the places where peggars do so much swarm ) often awaken'd within these late years by the middlesex-iustices causing printed papers to be sent to the church-wardens and overseers of the poor in the respective parishes , and with this clause therein inserted , viz. and for the discouragement of all idle vagabonds and vagrants , &c. all persons are hereby desired and required to forbear to relieve any beggars at their doors , or in any other kind about the streets , on pain of suffering the respective penalties by law provided against all such offenders . a. i never before heard of this penal law. b. you may find it referr'd to , and likewise what may shew you how it hath been tacitly dispensed with , in my lord hatton's treatise of acts of parliament and the exposition thereof , c. . of interpretation of statutes by equity : and where he saith , the statute of e. . ordaineth , that no ma●… upon pain of imprisonment should give alms to a valtant beggar . yet if one meet with such a one in so cold weather and so light apparel , that if he have no clothes given him he shall die before he comes to any town , if a man giveth him apparel , he offends not the law. for there is an inward dispensation by the bond of christian charity and compassion . but since humane laws bind the conscience , we cannot without the prince's tacit consent rationally to be presumed , thus give our selves the latitude of an internal dispensation , or relaxation from the band of that his law : so that therefore when ever you gratifie your own indulgent disposition in relieving one in the streets , or in itinere whom you look on as one of god's poor , you are at the same time to be sensible of the regal dispensative power relieving your conscience , and legitimating that your intended charity by tacit dispensation . a. you have often referr'd my thoughts to consider the nature of the prince's tacit dispensing . do you account it to have any great spreading influence on mens consciences here in keeping them both innocent and quiet ? b. when we meet some other time , i shall shew you the universal influence of this kind it hath among all orders and degrees of our prince's subjects : and i shall then give you a full view of it . a. but will you then tell me of disability being thus tacitly dispens'd with , and with a salvo to conscience as to the obligation of humane laws ? b. yes ; in many cases . i have told you of one already when the roman-catholick physicians were disabled by an act of parliament in the reign of king iames the first from practising , and when the regal tacit dispensation proved an effectual antidote to their consciences against mortal sin in the case . but because you seem to be somewhat impatient to know another case wherein the tacit dispensation with disability did thus operate , i shall give you a home-case , by desiring you to recollect how old you were when you were first chosen a parliament man , and then to read mr. prynne's book publish'd a. . and call'd minors no senators , or a brief discourse proving infants under years to be uncapable in point of law , &c. of being elected or admitted members of the high court of parliament , &c. he refers there to coke's institutes for rendring none eligible to be a knight , citizen or burgess , who is under the age of years : and in p. . he faith , the common law of england is so exact and curious in the election of all officers of an inferior nature , as coroners , verderers , keepers of seals for recognisances , or statutes merchant , constables , bailiffs , mayors , clerks and others , who are eligible by writs , charters or prescription , that it expresly requires every one of them to be idoneum hominem qui melius sciat & possit officium illud intendere , and therefore ( saith he ) much less ought a minor to be chosen a knight , citizen , or burgess , &c. and if he is unable to be an attorney or proxy to assent for another in any court of iustice , much more then in a parliament , the supremest court. and in p. . to the objection that some infants under years have been permitted to sit in former parliaments , he answers , that no●…e ever sate in former parliaments but only by connivence , and whose elections were never question'd , and that some whose elections were question'd , were ejected . and now as bishop sanderson in his th lecture , viz. de legum humanarum causâ efficiente , speaking of laws ceasing to oblige by contrary custom , makes that contrary custom to be nihil aliud quam conjuncta populi consensio eam legem ut inutilem observare negligentis , & consensio principis observationem ejus non exigentis ; and in his th lecture doth very judiciously distinguish the prince's consent about relaxing subjects from the obligation of a law into that which is express'd , and that which may rationally be presumed , it was by this latter consent of your prince so exuberantly indulgent in his nature , that you were brought off from sin in the forum internum , when you were both senator and minor , and when you help'd on the making of laws to disalle others , and who have since made it a question whether the king could expresly or tacitly dispense with the incapacity that by means of your vote , and perhaps of other minors , passed to be enacted as a punishment . but to speak frankly , you will oblige me now we are so near parting , to tell me of any one learned man in the profession of the laws of any part of christendom , and particularly of our own municipal ones , who hath ex professo and argumentatively writ of the prince's prerogative of dispensing with a penal disability in particular cases , and deny'd it . a. i did not as to our lex terrae account it tanti to set up the judgment of any one particular man when you have entertain'd me with iudgment of parliament in the case . but i am sure you cannot but know how that great man in that great case we have referr'd to , i mean my lord chief justice vaughan in thomas and sorrel's case , seems to be of opinion that the king cannot dispense in the case of incapacity : he saith , the reason why the king cannot dispense in the cases of buying offices and simoniacal presentations is because the persons were made incapable to hold them : and a person incapable is as a dead person , and no person at all as to that wherein he is incapable , &c. b. tho that great man hath not therein as in other passages in his argument , discuss'd the point argumentatively , i shall yet pay so much respect to his opinion , as to give decent burial to his dead man. but you see that after he had said , the reason why the king cannot dispense , &c. is because the persons were made incapable to hold them , he only gives it as a reason of their being uncapable , and of the king 's not being able to dispense in their case , viz. that they are dead men , that a person uncapable is as a dead person , and whereby he giveth us a magisterial gratis dictum , or a petitio principii instead of what might deserve the name of a reason , or what might prove that the king could not dispense in the case of one politically dead , or one dead in law. i have formerly told you of the saying used by magerus , and other civil law-writers , that mors civilis naturali non aequiparatur nisi in casibus in jure expressis . and there are cases enow express'd there , that shew how the prince who is according to the style of seneca , viz. animus reipublicae , illa corpus suum , and ille spiritus vitalis quem haec tot millia trahunt , and who in the scripture phrase is the breath of our nostrils , can according to the law of the land as i told you in the case of sir walter raleigh , animate a person dead in law. and none need question why king iames the second cannot thus raise the dead as queen elizabeth did , and king iames the first , or our following princes , and i may say as well as any who went before him . infames dicuntur civiliter mortui is a common saying , but you see that fas est cuivis principi maculosas notas vitiatae opinionis abstergere is as common . thus too magerus tells us , that banniti pro mortuis reputantur , and we know that the excommunicate may in some respect by reason of their temporary disability be termed so too . and if you will look on the book call'd reformatio legum ecclesiasticarum , under the title de excommunicatione , you will there in the chapter of the denunciation of the excommunicate , find the minister enjoin'd to tell the people that they must all abstain from the excommunicate person , tanquam à putri & projecto membro , &c. that an excommunicate person is to be thrown out of the church as a dead carcass : but you will there find in the formula reconciliationis excommunicatorum with what tenderness it is said reum hunc charissimum fratrem membrum assumamus & agnoscamus communis in christo nostri corporis : & intimus ut noster affectus in hoc corporis nostri recuperato membro testatior sit , &c. and that the pastor in the absolution of that returning prodigal who was dead and is alive again , must in the administration of the king 's ecclesiastical laws , say tibi rursus pristinum in ecclesiâ tuâ locum , & plenum jus restitue . thus too at the end of the canons , a. . you will find the same style of tenderness in vogue in queen elizabeth's time that was in edward the th's , as likewise of the powerfulness in raising the dead . you see there a form of the sentence of excommunication , viz. fratres quoniam quicunque profitemur nomen christi sumus omnes membrum ejusdem corporis , & par est ut unum membrum alterius membri sensu & dolore afficiatur , &c. and it being afterward mention'd , that the person having been accused of such a crime , and having been contumaciously absent , it followeth , the bishop in god's name and by his authority hath excommunicated such a one from the society of christ's church , & tanquam membrum emortuum amputasse à christi corpore , &c. that you may shun his company : tamen ut christiana charitas nos monet , let us pray for him to god who is a merciful god , and who can lapsos etiam à morte revocare . and you may take notice of what is said in croke d , and coke th report , trollop's case about the king's pardon raising the excommunicate from this civil death , and that a man need not be absolved by the church if the king pardons . and thus hobart , serle's case , p. . shews you that after the discharge of a clerk convict , he shall never be question'd in the ecclesiastical court for deprivation . you may likewise see it in coke inst. . chapter of pardons , the king may pardon one convict of heresie , or of any other offence punishable by the ecclesiastical law. you may too in that chapter observe his tenderness for prerogative , where having mention'd that by the th of r. . it is provided that no charter of pardon for murther , &c. shall be allow'd &c. if they be not specify'd in the same charter , and that before that statute by the pardon of all felonies , treason was pardon'd , and so was murder ; and at this day by the pardon of all felonies , the death of a man is not pardon'd ; he thus goeth on , these are excellent laws for direction , and for the peace of the realm . but it hath been conceiv'd ( which we will not question ) that the king may dispense with these laws by a non-obstante , be it general or special ( albeit we find not any such clauses of non-obstante but of late times ) these statutes are excellent instructions for a religious and prudent king to follow , but he doth not make them obligatory to him . my lord coke then saith , this is to be added that the intention of the said act , . r. . was not that the king should grant a pardon of murther by express name in the charter , but because the whole parliament conceiv'd that he would never pardon murther by special name for the causes aforesaid , therefore was that provision made which was grounded on the law of god , quicunque effuderit humanum sanguinem , fundetur sanguis illius , &c. nec aliter expiari potest , nisi per ejus sanguinem qui alterius sanguinem effuderit . his margin there cites genes . . . numb . . . a. but ( by the way ) do you think then that sovereign princes offend the law of god in pardoning murther ? b. i do observe that many presume to censure kings for so doing , and are superstitiously misguided by thinking that those two places of scripture referr'd to by my lord coke do necessarily make it a sin in princes to pardon murther . but i shall when we meet again shew you the mistake of such therein ; and shall shew you that david at that time when the law of god , and the lex terrae was the same thing , ( and who had sworn and would . perform it , that he would keep god's righteous iudgments ) was not to be censured to have sinned either in the reprieve of ioab who had murthered amasa , and abner , and in delaying the execution of the law , and leaving it to solomon his son , or in the pardon of absolon , who had slain his brother ammon : and that when the law faith in numb . . the murtherer shall surely be put to death , our best commentators ( and out of the rabbins ) say , that this is spoken to the iudges before whom such causes regularly came , and under the supreme power and by authority thereof judged those causes ; and that tho the iudges who were subordinate to the supreme power were to take no satisfaction for the life of a murtherer , but were by that law to condemn him , yet that it followeth not that the supreme power who made them iudges , might not in some cases reprieve and pardon some whom they had condemned . a. i shall be glad to hear you discourse of this , and the rather for that 't is so customary to many when they find the prince exercising this prerogative of pardoning , to be apt too much to busy their heads with those two places in the old testament , to their neglect of others there ▪ viz. exod. . . prov. . . eccles. . . and of acts . . in the new , and likewise there of rom. . . . . st. peter . . and from whence they might collect their moral offices of not doing , or speaking , or thinking dishonourably of the lord 's annointed , and of paying honour and obedience to his sovereign power , and that for conscience sake . but in the mean time give me leave à propos to ask you if ever you heard of any one of the iudges of the realm in the reign of our former princes , that gave his judgment for the allowance of the king's pardon of disability ? shew me but that , and i shall not be affrighted with my lord ch. justice vaughan's simoniacal dead man. b. i shall tell you of a case that was well enough known to him , and which you may find in croke d , p. . sir iohn bennet , v. dr. easedale : where you may see that sir iohn bennet being fined l. for bribery ▪ by the star-chamber , and censured to be imprison'd , and made uncapable of any office of iudicature : and that he having a pardon from the king reciting the bribery and offences mention'd in the decree , and all penalties and punishments by reason thereof , and all disabilities and incapacities , and all things concerning the said sentence except the fine of l. and the court of star-chamber having the advice of all the iudges relating to the decree and pardon , it was resolv'd by them all , that this pardon hath taken away all force of the sentence in the star-chamber , except for the fine of l. and all disabilities are discharged thereby . that lord chief iustice knew that ( as it was set down in that chapter of pardons , inst. . ) the king's pardon extends to all suits in the star-chamber : and he knew of what was mention'd , inst. . chap. . of the high court of parliament , viz. of a pardon to the lord latimer of a iudgment in parliament : and he knew that by his own and other iustices of assize going into their own countrys in the execution of their offices by vertue of the king 's non-obstante to the statutes of . r. . c. . . h. . c. . himself and as many as went iudges of assize so into their own countrys , gave judgment by so doing for the prerogative of dispensing with such acts of parliament : and he likewise knew that ( as it is well express'd in the●… answer of king charles the first to the declaration of both houses of parliament concerning the commission ▪ of array , a. . ) an act of parliament in any ▪ matter tho mistaken , being assented to by the king and his two houses , is equally binding ( as having equal authority ) with an act introductive of a new law , and that therefore acts of parliament having so particularly declared the justness of the prerogative's dispensing with disability , no magna nomina of any particular sages of the law in otherwise opining , can expect any deference . and if you will consider what my lord coke in that chapter of pardons hath mention'd of the operation of prerogative over the dead in law , and consider the president he refers to , viz. pasch. . e. . tit . cor. . coram rege , quidam indictatus de felonia , & inde culp . dicit quod rex eum conduxit , & inde producit chartam , quod rex eum conduxit in vasc. in exercitu , & dicta charta allocata fuit per curiam ; and there see his opinion grounded on it , that if a man be indicted of felony , and found guilty , and being in prison , the king may under the great seal , reciting the offence , &c. retain him to serve in his wars on this side or beyond the seas : this charter he may plead , and the court ought to allow it ▪ i believe you will be of opinion that any one who will desire any more presidents for the commanding the services of dead men ought to be sent for one to the rehearsal , viz. that of arise you dead men , and get ye about your business . a. well sir : as for this objected dead-man , requiescat in pace . i have done with him : and since from some things you have said , i gather that the dispensing with disability by roman emperors and popes of rome , did never by any ferment disturb their governments ; and moreover , since no men of sense here have ever troubled themselves or the government with any vexatious question about the king's power in discharging a man from a praemunire , but not from a penal disability incurr'd , whereas by a praemunire ( as my lord coke shews us , inst. . c. . ) men are put out of the protection of the king , and disabled to have any action or remedy by the king's law or the kings writs , and exposed to many other dreadful punishments : i do now begin to wonder whence it is that the mistake in some mens minds hath come about a penal disability being so unremoveable . and thus i think too one might wonder how such as will allow the king's pardon to discharge one from an excommunicatio minor or major , do look on disability as such an anathematizing thing as is not to be touch'd or that cannot be quell'd by prerogative . can you guess whence it is that men have imbibed this mistaken fancy ? b. i shall frankly tell you what i think hath occasion'd it . it is most natural to all men in arguing to take the shortest course they can to bring their adversaries to what is reputed by all to be an absurdity ; and there being some disabilities that the law-books mention wherein property is concern'd , and wherein it appears as an absurd thing in any one who should say that they could be dispens'd with , and as for example , what the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tells us of disability , where a man is not of whole memory , which disables him so that his heir shall take advantage of his disability after his death : and where he passeth any estate out of him it may be after his death disanull'd by his heir , and which cannot be disanull'd by himself during his life . for it is a maxim of law , that a man of full age shall never be receiv'd to disable his own person : and for which he cites sir e. coke . and he had before spoke of disability by the persons own act , which is , if i bind my self that upon surrender of a lease , i will grant a new estate to the lessee , and afterward i grant over my reversion , in this case tho i afterward repurchase the reversion , yet i have forfeited my obligation because i was once disabled to perform it , coke lib. . f. . thus likewise it appearing to be against reason that men should be made iudges who are under natural incapacities to exercise jurisdiction , ( and such as vantius in his book de nullitatibus instancing in , as , surdus , mutus , perpetuò furiosus , impubes , saith , that quoniam defectus & incapacitas istorum à naturâ ipsâ provenit , ideo à quoquam etiam supremo principe suppleri non poterit ( quia etiam imperatori tollere non licet quae juris naturalis sunt ) an asserting of the power of prerogative in dispensing with such incapacity would be absurd ; and it would shew somewhat of laesa principia and of natural defects and incapacities in one who did rear suppositions of a prince's intending to employ such uncapables : and however nothing appearing to the first thought more ridiculous then a dispensing with incapacity of this kind , many may be so apt to think that incapacities enacted by penal positive laws , ( and by such laws perhaps as were made in terrorem ) cannot be dispensed with . but in fine , when we meet hereafter , i shall give occasion to both our thoughts for a higher flight , then they had in that poor low question , can the king dispense with penal disability ? and i shall shew you that where the king can as to any particular man relax the bond of his law , let the most penetrating wisdom of men or angels be employ'd in the settlement and invention of the most terrible penalties to guard the law , the person so dispens'd with is ipso facto and ipso jure freed from them all . he by being exempted from the obligation of that law is as innocent and free from any sin by the transgression of it , as the child unborn . the dispensation hath intercepted all the penalties ; hath absolv'd him à culpâ , and therefore à paena , and if you punish him , you punish an innocent person . a. you will then make a happy riddance of the vexata quaestio of disability , if you have not done it already . b. but now sir ▪ by wat of recollection as to what hath poss'd between us , either at this conference or the other ; if any thing occurs to your thoughts , by me either obscurely spoken ( and which you would wish better illustrated ) or what may seem in the least to reflect on our laws , or on the religion of the church of england by law establish'd , i do most earnestly conjure you now to name it to me . it is possible that for a month or two's time , we may not meet again , and therefore i shall be glad that our parting now may be without any offence given or taken , as to any of these matters premised , and in order to which , that while what hath passed between us is fresh in both our memories , any misunderstanding therein may be prevented . and i yet further give you the liberty in case any thing of the nature aforesaid , or of what nature soever shall occur to your thoughts after we are parted which we have discoursed of , and which you would wish better consider'd , that you would when we meet again freely impart it to me , and when if you can shew me that i in any thing have erred , i shall shew you my readiness not to persevere therein , and so we shall be both gainers , you will gain the vict●…ry and i the truth . a. i am sure i cannot oblige you more then by making use of the freedom you have offered me , as i should find occasion so to do : and for which at present i find but little . i was during our discourse of the interpretation ; of the oath of supremacy afraid that you would have le●…t some great words in it that relate to no foreign prince or ●… relate having any iurisdiction here ecclesiastical or spiritual , &c. under some clouds of doubtfulness , and thereby have seem'd to derogate from the honour of the oath , till i found that you both asserted the honour of the oath and of the government too by shewing it from the sentiments of my lord primate bramhal , and otherwise that coactive iurisdiction was thereby only meant . b. i must caution you with a nota bene to keep in your mind what i have both positively and argumentatively told you in obviating your scruples about the oath , and of the regal power of interpreting making the coast of the oath so clear to you , and how i have supported the honour of the english consciences of all considerate persons of the church of rome in harry the th's time , and of the church of england in edward the th's , by shewing you that their sense of the bishop of rome's having here no iurisdiction , was of no independent coactive iurisdiction , when they took the old oath of supremacy , and likewise of those of the church of england , who in queen elizabeth's time and ever since took the new one . and i need not tell you again that at the time of the making of the statute of o of h. . and of the revival of it by queen eliz. ( and wherein it was declared that archbishops , bishops , &c. have no manner of iurisdiction ecclesiastical but by , under and from his royal majesty ) both harry the th , and that queen , and the judicious in the clergy of each knew that as to their potestas ordinis which by virtue of their function they have to preach , and give the sacrament , and give orders , &c. it was derived from christ to the apostles and their successors , and that so likewise was the potestas iurisdictionis in foro interno , and that therefore none needed to suppose that either by harry the th's oath or queen elizabeth's , in the words of no foreign prelates having here any iurisdiction , &c. any power the pope could justly claim as a successor to the apostles was impeach●…d . and no doubt but harry the th being by that statute declared to be but a lay-man , no men of sense construed that statute to give him the exercise of any iurisdiction , or power of the keys in foro interno , as a successor of the apostles . the old distinction of bracton , l. . c. . that king's cannot excommunicate ministerialiter ( because they are lay-men ) but may do it authoritativè by appointing others to do it , gave satisfaction in harry the th's time , and might had it been thought of in queen elizabeth's reign have sav'd the labour of the interpretation in the admonition in removing the ferment that the oath occasion'd among protestant scruplers . but tho the preamble of the admonition referrs to some protestant clergy-men as the scruplers , yet the following words , viz. that her majesty would that all her loving subjects should understand that nothing was ▪ is ▪ or shall be meant or intended by the same oath , &c. shew her pious design of complaisance as to the consciences of her catholick as well as protestant subjects , and whose freedom from imposition of ambiguous or otherwise unlawful oaths she knew was purchased for both of them alike by the blood of christ. and you know i referr'd you to , sir iohn winter's observations on the oath of supremacy , as representing the oath by the help of queen elizabeth's interpretation in the admonition , and of the enacting of that interpretation in parliament , and of the interpretation in the th article , as lawful to be taken , tho possibly inexpedient on the account of scandal , and likewise to another roman-catholick writer , who on the account of those interpretations , thought it might both lawfully and without scandal be taken . and you and others who think that oath of importance for the securing the peace of the government , may thank the prerogative of regal interpretation for supplying the lamp of it with the oil that hath made it last so long , and which otherwise would soon have gone out in a snuff , as i shew'd you by the offence that was taken at it at home and abroad when it was first set up , and which now may perhaps help to illuminate the english world in the measures of loyalty so long as the sun and moon endure : that is , if you suppose that the use of oaths would endure so long . but , dii meliora . and it here coming into my mind that you in your somewhat airy way of discoursing of the oath , resembled it to a tender-sided ship girdled with so many interpretations , i shall take occasion further to impress it on your thoughts , that it is still the same oath , tho partaking of all those interpretations , and as we say of eadem navis toties refecta : and the several interpretations are not by you to be resembled to girdlings , but to its main inward beams and timbers that are become parts o●… it . moreover you know that a girdled ship by reason of the incompactness of its adventitious parts with the other , cannot last the fourth part of the time that another will. but you see how long this oath hath continued , and riding triumphantly in the sea of time , hath too carried out all its guns in stormy weather , and made the usurp'd power of the court of rome strike sail to our princes . yet i shall here take occasion from my having just now minded you of the interpretations of the oath inclining sir iohn winter and the other roman-catholick to judge of it as they did , to tell you that i have often wish'd that in the times of the three last reigns the power of interpretation had further exerted it self in the further clearing of any thing in that oath and in the oath of allegiance at which offence was by so many taken , however by the oaths not given : and that such interpretations had been approved in parliament , and particularly that the interpretation of the word heretical in the oath of allegiance , as being meant of contrary to the word of god , had brought all our roman-catholick brethren to the taking of that oath , as i told you that f. cressy thought it would have done , and who said that he believed that that was the sense intended by king iames in the word heretical . and i shall be glad if those interpretations relating to the oath of supremacy which succeeded those that sir iohn winter and the other roman-catholick took notice of , may in the event conduce to render it more acceptable to others of them : and the rather for that it is apparent that all the interpretations are consistent with the oath , and with one another , as from what i have spoken you may collect. but by so many other pious and learned roman-catholicks appearing not to be of the opinion that the interpretations of the oath mention'd by those two writers , may legitimate the taking of it , i have long wish'd to the oath all the additional clearness that law could give it , and that they would wish given who were required to take it . and as one doctor 's opinion for the justness of a litigants cause hath on his being cast in it , been allow'd to save him from being as a calumnious and rash litigator condemned in expences , thus so great a master in our israel and vindicator of our church from schism , as archbishop bramhal having given his opinion about the oath ( as i told you ) namely as to what related to the king's power in spirituals , and to no foreign prelate having any spiritual iurisdiction here , viz. this might have been express'd in words less liable to exception , i shall censure no man as a ca●…umniator of the oath who shall wish that any lawful interpretation may make those words less liable to exception . sir iohn winter ( as i told you ) having mention'd the explanations not being known to all , and their intricacy and the constant tendring of the oath for ●…o many years without the aforesaid explanation as likely to give just cause of scandal , &c. i must tell you i like not his words of the giving just cause of scandal ; but what i have shew'd you of many passages about the explanations which were not observ'd by him , and particularly of the th article affording only to the clergy a more favourable interpretation ( and which was enacted as to them in o eliz ▪ ) and of the canons of king iames first extending the benefit of that interpretation to the layety , and of the canons of king charles the first further explaining the th article , may justly incline you to wish that the sense of the oath did primâ facie appear as liquid to all as it now doth to us two . and i shall here take occasion for the propping up the interpretation relating to the oath made by those two princes in their canons , to tell you that as you accounted king iames his interpretation as good as queen elizabeth's , so you may account that in the canons of king charles the first , as good as that in those of king iames ; for that tho it is said by some that the canons of king charles the first were damned by the act of o car. . c. . yet the truth is , that that act leaves them in statu quo , and the last proviso in it doth only express those canons not being confirm'd by it . nor ( in my judgment ) did they need any confirmation from it : for that ( according to my lord chief justice vaughan's opinion that i have cited to you ) a lawful canon is the law of the kingdom as well as an act of parliament : and the consideration of this may shew you , that as queen elizabeth's interpretation in the admonition was perpetuated by the ensuing parliamentary approbation thereof , so the interpretations of those princes in those their canons confirm'd for them , their heirs and successors , are now binding to you ; and i pray god to incline you to keep this your solemn oath according to these interpretations of it . a. i thank you for this your serious and christian wish , and do give you my hearty thanks for what you have discours'd to me of the many interpretations relating to the oath , and the rendring them so consistent with it , and by means whereof i am sensible that the oath hath become more then res unius oetatis , and that without them it would not have been so much : and by which both the credit of the oath , and the quiet of the consciences of the takers of it have been preserv'd . and i am glad that the task of enumerating them all hath happen'd thus to fall into your hands , and that therein you have not ( as they say of young conjurers raising spirits that they cannot lay ) occasion'd any doubts in me about the oath but what you have fairly ●… and fully satisfy'd . and indeed you have laid some doubts that the two roman-catholick writers raising them , happen'd not to lay . throwing therefore by , any thoughts and expressions of mine of that nature which you censured as airy ( and as to which i submit to your reproof ) i shall prepare my mind with a decent temper both of delight and pious dread to contemplate my oath as now set before me , and as containing in it that clearness , and that majesty that may excite both those passions in me , and the real view of which i may some way compare to that in vision , ezekiel's terrible crystal . b. long may you live in this temper . i remember i have somewhere read it , that the oath by which the cardinals are bound to the maintenance of the church-privileges is drawn in such clear and powerful words , that baronius calls it terribile iuramentum , and saith , that the only remembring of it inflicts a horror upon his mind , and a trembling upon 〈◊〉 body . and i doubt not but when i shall at our next meeting discourse with you about our obligation from the promissory part of the oath that relates to the assistance and defence of the regal rights and privileges , you will think that every taker of it , ought to have some such sense of his remembring it , as baronius had about his terrible oath . a. but to go on according to the freedom you gave me , i remember you told me that you would not trouble me with any notions or moot points about the power of interpreting acts of parliament , and about which you cited sir christopher hatton's book of acts of parliament and their exposition : but i remember you have sparsim variously spoke of it , and you mention'd to me what king charles the first told both houses shortly after the granting the petition of right , that to the iudges only under him the interpretation of the laws belong'd , and that none of the houses of parliament , joint or separate either could make or declare a law without his consent . i suppose you intend here to lodge no snake in the grass of this regal power of interpretation , whereby we may be interpreted out of our magna charta and the petition of right , and out of our religion , or property . b. your supposal doth but right to my intentions . i have referr'd you only to facts , and leave you to make a due use of them , and shall when we meet again shew you further why i have thus referr'd you to these facts of the regal interpretation : and in the mean time you may take notice , that as to what i have mentioned as a notion out of the lord chancellor hatton , ( of which the intent and substance was , that if all the parliament were voluntarily assembled again and not by writ , eorum non esset interpretari dubium statutum , as the words are in the table of his book , chap. ▪ and with which the chapter agrees ) i told you i would not trouble you with it , and you may give it its transeat as a kind of curious impossible case . nor need you amuse your self about any consequences by me meant in what i told you of king charles the first , telling the three estates as they were feasting themselves with the noble concessions of the petition of right . i know nothing asserted by my lord coke in inst. ▪ chap. . of the high and honourable court of parliament , but wherein i own my agreeing with him , and particularly as to what he speaks of iudicature . and i doubt not but every one accounts that what he said inst. . c. . was very orthodox , viz. note , proclamations are of great force , which are grounded upon the laws of the realm . nor considering the exuberance of that great thing call'd bona fides that is to be expected from princes , need any man fear that there will be an exposition of abrogamus for statuimus in any of the declaratory proclamations that ours shall make . but because you have named magna charta , and the petition of right , i shall take occasion to cite to you a very popular authority to shew you that any proclamations our english monarchs shall make for the dispensing with penal religionary laws , will be but declaratory of magna charta , and of the petition of right . you know we have often spoke of the arguments in the parliament of . made by mr. bagshaw , who was pars magna of the faction then regnant , and by which those arguments of his were much celebrated . you may find some account of his character in heylin's history of archbishop laud , who mentions his being chosen reader for the lent vacation by the middle-temple in the year . and he in his first argument , viz. concerning the canons , p. . saith , liberty of religion and conscience are ( as i take it ) within the words of magna charta granted to me as mine inheritance , cap. . nullus liber homo imprisonetur ●…ut disseisetur de libertatibus vel liberis consuetudinibus suis. and liberty of conscience is the g●…test liberty . it is by a necessary consequence and deduction within the words imprisonetur . for put the case that the clergy make canons to which i never assented , and i break these canons , whereupon i am excommunicated , and upon a significavit by the bishop , my body is taken and imprison'd by a writ de excommunicato capiendo , now shall i lie in prison all the days of my life , and shall never be deliver'd by a cautione admittenda , unless i will come in and parere mandatis ecclesiae , which are point blank against my conscience . and he had before said , a comparatis : by an argument à minori ad majus ; if property of goods cannot be taken from me without my assent in parliament , which is the fundamental law of the land , and so declared in the petition of right , why then property and liberty of conscience which is much greater , as much as bona animi are above bona fortunae , cannot be taken from me without my assent . this it seems pass'd as currant coin for iudgment of parliament in behalf of liberty of conscience , in the conjuncture of , the year in which his book was printed : and if it were so then allowable , you may well think that a prince's owning the religion that flourish'd here in the time of magna charta ( and which inspired the virtue that produced magna charta ) and indulging some others of the same religion to profess it without punishment , is not likely to occasion any durable ferment . and what i have here referr'd to concerning the petition of right , minds me of the great effort of pious zeal in our famous bishop hall , and his laudably making use of the popularity he had among the protestants in sending a letter to the house of commons , april the th , . during the great ferment about that petition , and in which he gives so much fatherly and prudent advice to the great agonists for property , that they should consider when they were at the end of their race , and then to sit down and rest . he hath in it these tender expressions , gentlemen , for god's sake be wise in your well-meant zeal , and our liberties and proprieties are sufficiently declared to be sure and legal , &c. let us not in suspicion of evils that may be cast our selves into present confusion . if you love your selves and your country , remit something of your own terms . and since the substance is yielded by your noble patriots , stand not too rigorously upon points of circumstance . pear not to trust a good king , who after the strict laws made , must be trusted with the execution , &c. relent or farewel welfare . you may hence easily imagine how passionately that good bishop would have been concerned if he had then seen among the patriots any unquenchable heats about the not trusting the king with the executive power of penal laws , and laws in terrorem , and such laws as mr. glanvil in the ' month after the date of the bishop's letter , said in a full committee of both houses , that the commons must and ever will acknowledge that it is in his majesty's absolute and undoubted power to grant dispensations in , as i told you . in god's name , often think of that great patriotly saying of tully so often with just applause cited by sir e. coke , major haereditas venit unicuique nostrum à jure & legibus quam à parentibus : and you may account him a prophane person who despiseth his birth-right given him by the law. and pity any one who speaking of his property , doth not know this to be the meaning of it , namely that it is the highest right he hath or can have to any thing , and which is no way depending upon another man's court●…e . and consider , that as you have a property in your chattels and hereditaments , so you have in your religion . think often with honour of our ancestors , who by so many acts of parliament , and lawful canons and constitutions since the refo●…mation , provided for the securing your property in your religion ; and remember how binding the very declarative laws about it are . cast your eye with pleasure about the realm , and see if you can find any one who fears that any one will ever move in parliament for leave to bring in any bill to take away the least part of your property in your religion . but then consider how savage a thing it is in any to take excessive delight in the execution of penal laws . ferus est qui fruitur paenâ : and remember too that your prince hath a property in the executive part of the law , and in distributive justice and in shewing mercy . and when you hear any one telling you of a snake in the grass of the prince's dispensing with penal laws , and that therefore there may be danger of your prince's dispensing in laws that are leneficial ; you may tell him of the notorious non-sequitur , and that you have a property in not being punish'd , and in having the benefit of the rule as to favourable statutes , being made more so by interpretation : favores sunt ●…mpliandi , and on the contrary as to penal ones that odiosa restringi convenit . and so to any such impertinent objecter you may say that the voice or sound of his snake , and the goose are all one . but consider that since you have so much cause to depend on the glorious and consummate justice inherent in the nature of our great monarch for his defending you in the security of all the declaratory acts of parliament that maintain your very property in your religion ; both iustice and common ingenuity call upon you to own his power of dispensing ( and even with disability ) for which i have shewn you so many clear and incontestable declarative iudgments of parliament , and shall direct you to more when we meet again . and let me tell you that you ought to have the greater tenderness for this prerogative of our prince ; for that in his administration of it , he hath in some points shewn a greater tenderness to his laws and people then our princes since the reformation have done . you may remember i shew'd you how queen elizabeth and king iames did by their authority out of parliament make things penal by disability that were not so by any law in being , and therefore you may the less wonder when you see your prince dispensing with it , and thereby preventing the punishment of it , and sometimes and in some cases pardoning it . a. i shall carefully take notice of all these matters wherein you have caution'd me : but am here occasionally on the account of some things you said about the interpretation and the acquittal from penalties in the queen's admonition being perpetuated by their being declared good in parliament , to ask you if you do not account that dispensations or such interpretations of the prince by his own single authority , may be made to continue good in following reigns ? b. i do not in the least doubt but they may ; and i shall hereafter evince the thing to you : but shall at present out of a manuscript report i have of the great case of thomas and sorrell , tell you that by one of the great councel who argued in it , it was asserted with great learning , that the non-obstante in that case remain'd good after the king's death . that tho acts the king doth in his natural capacity determine by his death , as making of iudges , &c. ( for those referr to his natural will ) yet things done in his royal capacity as king , do not determine by his death : as a license to alien in mortm●…in ▪ in one king's time serves in anothers ; and the reason is when the subject is once exempt out of the restraint of the act he is ever exempt , unless the exemption be limited , coke . inst. . . if the lessor licence his lessee that is restrain'd , by condition not to alien , tho the lessor die , the licence shall serve the lessee to alien , and is not determin'd by the lessor's death . and in this point he cited trin. . jac. c. b. rot. . wright versùs radcliffe , and trin. . jac. norris v. mason . c. b. as cases adjudged in this point . and i shall then shew you how the same thing was then by others asserted : but you may now for this purpose remember how the instances i have given you of queen elizabeth's parliaments approving and declaring to be good , what she did of this kind , and the instances of what others of our princes did by their own authority and out of parliament being valid , and being afterward approved in parliament , have supported the extent of the regal authority of this kind , as to point of time . but because according to the rule of unumquodque dissolvitur eo modo quo colligatur , many indulgences , and injunctions and dispensations being revocable by kings themselves and by their successors , and because declaratory acts of parliament cannot be repeal'd but by other acts , common prudence doth suggest it to all to endeavour the perpetuating to themselves by the legislative power what they account beneficial . and if you will , you may use the term of having it confirm'd by that power ; that is , if you will allow it to have been firm before , you may call it confirm'd by the prince , and the three estates afterward enacting it , and making its firmness perpetual . and this is the thing i aim'd at in what you might take for a criticism when i said , that the articles owed no confirmation nor authority to the act of the th of eliz. a. i know the reason of your cautious speaking here about a tender point . you accounting even every declaratory judgment of parliament for our religion to be a treasure , and having often said that you would allow some roman-catholicks to mock on in calling our religion a parliamentary religion , did ( i judge ) design to do honour to our religion as well as to our prince's , in shewing that it was here orderly establish'd by god's vicegerents , before it was by the deputies of the people , or the magnates regni . b. you guess right at my meaning in this way to salve phaenomena . and if you will look on a book printed in oxford , a. . entituled parliaments power in laws for religion , or an answer to that old and groundless calumny of the papists nick-naming the religion of the church of england by the name of a parliamentary religion , &c. you will find the fact in this point clearly deduced through the course of our laws and constitutions in a long series temporum from the reign of harry the th downward , and for the honour of our kings and of the church and the reformation ; and the measures i have taken in our discourse have been suitable to those of the judicious and learned author of that book . a. well sir : we have had a great deal of frank discourse , and i will now take the freedom to put one question more to you . you have entertain'd me with the several interpretations of our oath , and have shew'd me how the obligatoriness of them all hath been perpetuated : and you have likewise ▪ salved the phaenomena in the iustice of the government as to the laws in terrorem . but you know the story of one who being lord of a place did leave a pit long open too near the high-way , and who at night erected lights about it to prevent its being mischievous : and he afterward , hearing that sometimes poor blind men who were travellers fell into it and that at other times by various accidents the lights were not helpful to other passengers , as being took away , or going out too soon ; and he therefore at last very fairly removed both his nuisance and lights together . and now may it hot be wish'd that the prince and the three estates would remove the laws about our oaths and the interpretations too , and so likewise all the laws in terrorem , ( among which i suppose you reckon the test-acts ) at which so many have taken offence ? b. you may easily guess that till we have both of us at another meeting discours'd of the obligation resulting from the promissory part of the oath , i will not engage your thoughts in any matter of controverfie that may in the least perplex them . but as soon as we have fully discours'd that , i shall frankly give you my thoughts at large relating to the question about repealing of the test-acts in a parliamentary manner : but do at present wholly forbear to mention what i think thereof . and i have before told you my judgment of the likelihood of the continuance of our great oath as a great luminary that may perhaps enlighten our english world in the measures of loyalty to the end of time ; and as i have told you the oath giveth no offence to the considerate , so i will hope none will be taken at it . but i must here tell you , that i have a greater veneration for the oath , because i look on the serious consideration of the assertory part of it as likely to be very instrumental in allaying the ferment we have been speaking of . a. god grant it may be so . b. you remember what i hinted to you about the clause whereby you testify'd and declared that the king is the only supreme governor of this realm as well in all spiritual or ecclesiastical things or causes as temporal , ( and from whence it follow'd by way of natural consequence , that no foreign prince , &c. hath any iurisdiction within this realm ) being the corner-stone on which the great and therefore , i mean , your forsaking foreign iurisdiction was built . and i assure you that the same first declaration doth bind you to the like and therefore to renounce the belief of any power on earth being able to dissolve your king 's right of commanding your obedience , and your obligation to obey him . and indeed if i had produced to you no iudgment of parliament for the purpose i have done but that which is contain'd in the assertory part of the oath , ( and which is unanimously interpreted by divines and lawyers , as expressive of the king 's right jure naturae to command the obedience of all his subjects ) it might have sufficiently satisfy'd you therein : and if at our next meeting you will have me dilate more on what our lawyers have said about the point of the debt of our natural allegiance , i shall do it . a. our great lawyers judgments in that point being known may be variously useful , and directive to the many illiterate and presumptuous reflecters on the exercise of prerogative ; and especially if so learned and so popular a lawyer as sir edward coke shall be by you further cited in such a case . and so what you shall acquaint me with as from any such one of them shall be kindly welcome . b. what you have now said brings it into my mind how that great popular man sir edward coke was cited for this purpose by that great popular man sir william iones in his learned argument in thomas & dorcel's case , and where he did so much right to the dispensative power . a. what ? did sir william iones maintain the king's power of dispensing with acts of parliament ? b. yes , and ( i believe ) was never censured for so doing by any one . a. i pray tell me what was said by him in his argument . b. then according to the very learned and judicious and candid manuscript report i have of the case , thus it was , among the three points made , the first being if the non-obstante in the patent of king james was good against the statute of edw. . jones agreed that the king may by non-obstante dispense with a thing prohibited by statute if the thing were lawful before the statute were made . and he afterward said , that a dispensation to one and his heirs was never good but only in that of a sheriff . . h. . . grant of a shrievalty in fee non-obstante the statute . but coke . r. . calvin's case ; the reason of that is because the king hath interest to have the service of all his subjects by the law of nature . and the truth is , that on this noble and great consideration it is that our divines who have treated of the oath of supremacy have fix'd the reasonableness and intent of that oath , and of the king 's having a right to command the obedience of all his subjects , upon the basis of the law of nature , as well as on the divine law positive . and thus too the style of the acts of parliament about the oath of allegiance runs , and which acts you may consult if you want any more iudgments of parliament about the indissolubility of the king 's right to command the obedience of the subject , and of the subjects duty to obey , before we meet again . the reasonableness of the words in that oath contain'd in the statute of tio . iacobi , viz. of declaring that the pope hath no power to discharge any of his majesty's subjects of their obedience , appears from its being call'd in that statute their natural obedience . and the putting in practice the perswading or withdrawing any of the king's subjects from their natural obedience to his majesty , or to reconcile them to the pope or see of rome is there made treason . we will speak more of other statutes of this nature at our next meeting . and in the mean time let me observe to you how as in the conjuncture of the exclusion so many were infatuated as for fear of popery to come , to run upon the very court of rome-popery at present , namely that of dominium fundatur in gratiâ , so likewise many mens fear of the belief of perhaps some religionary tenets of popery gaining ground for the future , hath hunted them upon the popery of thinking that subjects can in part , or in whole be discharged from their natural obedience to their prince . a. i thank you sir , for suggesting that to me : for the truth is the tenet of thinking it lawful so to discharge subjects from such their natural obedience , is the very odiosa materia charged by so many on the councel of lateran . b. you say right . but however let me occasionally advise you not to charge the odious matter in that councel on the communion of the church of rome . for i shall tell you that the great writers of our church did after the real plot of the gun-powder-treason pursue such noble methods of christian charity , as with an intent of improving the principles of loyalty and allegiance among all our roman-catholick countrymen , to endeavour to prove with all their learning that the decrees of that councel obliged no papist in point of conscience . king iames in his works calls it but a pretended councel , and dr. donne in his pseudo-martyr endeavours to prove it no councel . moreover bishop bilson in his learned works for maintaining the oath of supremacy , saith that nothing was concluded in the councel of lateran . i have here on the table his book call'd , the difference between christian subjection , and un-christian rebellion , printed a. , in which his learned and iudicious assertions and explications of the regal supremacy , and of our moral offices to defend the same are comprised : and there in part . p. . you will find what he saith of the lateran councel . a. i have not the book , and shall be glad i may borrow it from you , that thereby i may have the better prospect of the measures of our divines in their sense of the assertory part of the oath of supremacy , as making the rights of our kings to command the services of all their subjects , to be indissoluble . b. i pray take it along with you . and i am the rather desirous you should do it , because in this crooked and perverse generation many who strain their consciences by the inobservance of the oath , may be so vain as to fancy that others strain the oath who endeavour ( as i have done ) to build the right of our kings to command the services of their subjects , on its so firm foundation . he was trusted by the government to write on the subject of the oath , and so his authority is of the more weight : and i shall here at parting read to you what he saith in part . p. . where he so well insinuates it , that the prince can freely permit , safely defend , generally restrain , and externally punish within the realm : but in p. . having spoke of the true supremacy of princes , he saith , this is the supremacy which we attribute to princes , that all men within their territories should obey their laws , or abide their pleasures , and that no man on earth hath authority to take their swords from them by iudicial sentence , or martial violence . and he there had before said in his margin , the sword of princes is supreme , in that it is not subject to the pope ; and must be obey'd of all in things that are good . what he saith likewise in p. . there is worth your reading , where he makes the word supreme to be a plain and manifest deduction out of the th of the romans , let every soul be subject to the superior powers . if all men must be subject to them , ergo they are superior to all : and superior to all is supreme . he then thus goeth on in his dialogue-way , phil ▪ s. paul maketh them superiors over all persons , but not over all things . theop. that distinction is ours , ( meaning protestants ) not yours : we did ever interpret supreme for superior to all men within their dominions . phil. and so we grant them to be but not in all things . for in temporal things they are superior to all men , in spiritual they are not . theop. that restraint comes too late : the holy ghost charging you to be subject to them simply without addition . it passeth your reach to limit in what things you will , and in what things you will not be subject . and he there saith , out of all question where princes may by god's law command , all men must obey them not only for fear of wrath , but for conscience sake . to this purpose too he asserts the supremacy in the following page : all men are bound to be subject to the sword in all things , be they temporal or spiritual , not only by suffering , but also by obeying : but with this caution , that in things that are good and agreeable to the law of god , the sword must be obey'd , in things that are otherwise , it must be endured . at the same rate you will find him writing in his third part , p. . the word of god bindeth you to obey princes , the words of men cannot loose you . but if you will there take notice of the fire of his zeal breaking into a flame at the thoughts of the displacing of princes from their thrones , and of the discharging of the people from the oath and obedience toward princes , he saith that they who will go to that , turn religion into rebellion , patience into violence , words into weapons , preaching into fighting , fidelity into perjury , subjection into sedition , and instead of the servants of god , which they might be by enduring , they become the soldiers of satan by resisting the powers which god hath ordain'd . a. i thank god i am a member of the church of england that may value it self not only on its doctrine of non-resistance , but on its doctrine of positive assistance and defence of all iurisdictions , privileges , pre-eminences and authorities granted or belonging to the king , &c. or united and annex'd to the imperial crown of this realm . b. and how from this great promissory part of our oath , our obligation to assist and defend the iurisdiction , privilege , pre-eminence and authority of the dispensative power in particular , granted or belonging to the king , and united and annex'd to the imperial crown of this realm doth arise , we will at our next meeting consider , and when i will likewise shew you that the prerogative royal is a part of the lex terrae . the end of the second part . notes, typically marginal, from the original text notes for div a -e . ex rot. parl. in turr . l●…nd . in . ed. tertii . iustifiables in the french originals . quaere , whether not able todo justice , or not to be juststify'd in their employment as improper for it . the oath of allegiance approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing o a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the oath of allegiance a. b. rawson, edward, - . broadside. s.n., [boston : ] imperfect: type at right edge failed to print. "that this is a true copie compared with the original sent in his majesties letter and is prin[ted and] published by order of the general court sitting in boston in new-england the second of october, [ ] edward rawson s[ecr.]" text begins: "i, a.b. do truly and sincerely acknowledge ..." reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- england. great britain -- history -- charles ii, - -- sources. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the oath of allegiance i a. b. do truly and sincerely acknowledge , profess , testifie , and declare in my conscience befo god and the world , that our sovereign lord king charles is lawful and rightful king of t●● realm of england , & of all other his majesties dominions and countries , and that the pope n●●ther of himself , nor by any authority of the church , or see of rome , or by any other means with a●● other hath any power or authority to depose the king , or to dispose any of his majesties kingdom or dominons , or to authorize any forreign prince to invade or annoy him , or his country , or to dischar●● any of his subjects of their allegiance and obedience to his majesty ; or to give licence or leave to any them to bear arms , raise tumults , or offer any violence or hurt to his majesties royal person state or ●●vernment , or to any of his majesties subjects within his majesties dominions : also i do swear from heart , that notwithstanding any declaration or sentence of excommunication , or deprivation made granted , or to be made or granted by the pope or his successors , or by any authority derived , or ●●tended to be derived from him or his see against the said king , his heirs or successors , or any absolut of the said subjects from their obedience , i will bear faith and true allegiance to his majesty , his he and successors , and him and them will defend to the uttermost of my power against all conspiracies attempts whatsoever which shall be made against his or their persons , their crown and dignity by son or colour of any such sentence or declaration or otherwise , and will do my best endeavour to disc and make known unto his majesty , his heirs , and successors , all treasons and traitorous conspiracies w●● i shall know or hear of to be against him , or any of them . and i do further swear that i do from my h●● abhor , detest , and abjure as impious , and heretical , this damnable doctrine and position , that pri●● which be excommunicated or deprived by the pope may be deposed or murdered by their subjects , 〈…〉 ny other whatsoever . and i do believe and in my conscience am resolved that neither the pope n●● ny person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowl●● by good & full authority to be lawfully ministred unto me ; and do renounce all pardons & dispensa to the contrary . and all these things i do plainly and sincerely acknowledge and swear according to express words by me spoken , & according to the plain and common sense and understanding of the words , without any equivocation , or mental evasion , or secret reservation whatsoever . and make this recognition and acknowledgement heartily , willingly , and truly , upon the true fai●● christian , so help me god. that this is a true copie compared with the original sent in his majesties letter and is pri●●●● published by order of the general court sitting in boston in new-england the second of october , edward rawson s. something against swearing and concerning the oath of allegiance and supremacy this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) something against swearing and concerning the oath of allegiance and supremacy hubberthorn, richard, - . fox, george, d. . sheet ([ ] p.) printed for g.c. at the black-spread-eagle at the west end of pauls, london : . signed at end: richard hubberthorne. george fox, the younger. annotation on thomason copy: "july. ." reproduction of the original in the british library. eng oaths -- biblical teaching -- early works to . loyalty oaths -- england -- early works to . a r (thomason .f. [ ]). civilwar no something against swearing and concerning the oath of allegiance and supremacy. hubberthorn, richard c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion something against swearing and concerning the oath of allegiance and svpremacy . as it was the disciples religion principle and practice to obey christs command as in matth. . . but i say unto you swear not at all neither by heaven for it is gods throne nor by the earth for it is his footstool , neither by jerusalem for it is the city of the great king , neither shalt thou swear by thy head , for thou canst not make one hair white or black but let your yea be yea , and your nay , nay , for whatsoever is more then these cometh of evil , and this being the apostles religion and practise , they preached this doctrine unto others as it is written , james . . but above all things my brethren swear not neither by heaven neither by the earth , neither by any other oath , but let your yea be yea , and your nay , nay , least you fall into condemnation , so this is our doctrine , principle and practise that we cannot swear at all ; by any oath least we fall into condemnation , and so sin against christ , and if we do suffer or be persecuted , and imprisoned , because we cannot swear . then it is for our religion , and exercise of our consciences , and obedience of truth unto our god in which suffering we shall rather dye then sin against him . and whereas it is required of us to testifie our obedience as subjects unto charles the second , as our lawful king and own his supremacy and government in all just and lawful commands , whereupon an oath of allegiance and supremacy is tendred . as it is our principle and hath ever been our practise to be obedient subjects under every power ordained of god , and to every ordinance of man ( set up by him ) for the lords sake whether unto king as supream , or unto governors or any set up in authoritie by him who are for the punishment of evil doers , and for the praise of them that do well , pet. . . . and unto such we do freely promise obedience unto all just and lawful commands : and we do own and believe that it is not without but according to the purpose of the lord , that he hath this day and power given him as king head and chief magistrate over this nation , that while he hath his day and power he may rule for god in civil and outward affairs , and matters relating unto the outward man and estate , in which all his just , and lawful commands we can willingly be subject unto not for wrath but even for conscience sake , and all commands which are otherwise , whether from him , or any other , we shall willingly and patiently suffer under them what men shall be permitted to impose upon us , and thus we do accept and own the king and his government , as he and it is according to god , and answerable unto him , we are willingly obedient , and in conscience bound to accept it , and shall yeeld subjection thereunto , but if otherwise contrary to god , he rule in tyranny , oppression injustce or the like that we must bear witness aginst by the spirit of truth , but not by outward opposition as rebellion by insurrections plots , or carnal weapons to destroy or overthrow , either him or the government thereby ; for that is contrary to our life . but as for swearing it being contrary both to christs command , and our consciences as we never have , so we never shall swear , neither for nor against any man power or government but shall be true and faithful , to what we promise and profess . and as concerning the church of god , and spiritual things relating unto gods kingdom , we own onely jesus christ as supreme head , ruler and lawgiver there according to james . . there is one lawgiver which is able to save and to destroy , and as it is written , ephes. . . that god hath given him to be the h●ad over all things to the church which is his body the fulness of him which filleth all in all , and as the apostles did hold forth him to be the head of the body the church , who is the beginning the first born from the dead , that in all things he might have the preemenence col. . . and him we do own as head ruler and commander in all matters of faith obedience and worship in things appertaining unto his king come , and he onely is to rule ( give laws and order ) in the consciences of men , by his spirit light and power , and as he is the author of his peoples faith , so he is the defender of it ; and them in it , and so to him we give the dominion rule and government , as head and supreme over his church , and not unto man : so in him who is our life king and lawgiver we honour all men , and do seek the peace of all men and not the destruction , and unto this we do acknowledge , and bear witness to , who are members of his body which is his church . london , day mone●h . . richard hubberthorne . george fox , the younger . london , printed for g. c. at the black-spread-eagle at the west end of pauls . . caution humbly offer'd about passing the bill against blasphemy penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) caution humbly offer'd about passing the bill against blasphemy penn, william, - . p. s.n., [london : ?] caption title. place and date of publication from wing ( nd ed.). this item appears at reel : as wing ( nd ed.) p , and at reel : as wing ( nd ed.) c a. reproduction of original in: british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- early works to . blasphemy -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion caution humbly offer'd about passing the bill against blasphemy . the caution requisite in the consideration of the bill against blasphemy , is this , that the word may be so well distinguish'd and explained , that it may not prove , in practice , a greater snare and suffering to good men , than a restraint upon ill ones . for if it be left ambiguous , so that it may affect religious , as well as lewd and wicked people , it will , like the trojan horse , carry an army in the belly of it , to serve the spleen or pride of every party , in their turn of government , to oppress the rest . charity forbids me to think the gentlemen , whose zeal is imploy'd to promote the success of this bill , have any such unfair latitudes in their design ; and therefore i shall first say , what blasphemy is in it self . secondly , how blasphemy is cognoscible to the civil authority , and how far it may fall within its province to consider and suppress . blasphemy . then , in it self , is certainly , a speaking evilly of god : but what that evil speaking is , and how to distinguish and explain it , to the magistrates purpose , will be the narrow and pinch of the question . i grant , a man that shall seriously prosess some erroneous opinion concerning god , upon a weak judgment , or a mistaken education , that contradicts the express text of holy scripture , may be said to hold a blasphemous opinion , just as such may be said to take god's name in vain , that pray to him , and yet hate to be reformed by him : and is god charges blasphemy on them that say they are jews , and are not , but of the synagogue of satan : which , whether it was error or hypocrisie , it does not appear to be of such a nature as is punishable by the civil magistrate . i therefore distinguish and say , that blasphemy , as it falls under the notice of civil power , is not an humble and serious mistake of the text , but a presumptuous and despiteful expression , or opinion about the nature and being of god : an irreligious and scornful treating of the divine majesty in his nature and attributes ; and not an incongruous speculation , or erroneous notion from an unsound judgment , or a misguided conscience . for what is true of an heretick , and is his characteristick , is also true of a blasphemer ; that is , not a mistaken , but a guilty man : not a conscientious , but an irreligious person : one that is condemned in himself , who dares the divinity , and proudly acts against knowledge , and so , conscious to himself of his own evil and error . thus the apostle to titus ; a man that is an heretick , after the first and second admonition , reject ; knowing that he that is such , is subverted and sinneth , being condemned of himself . and such a self-condemned sinner is the blasphemer proper for the magistrates cognizance . not considering well of this one word heretick , in the apostles sence , viz. one self-condemned , or condemned of himself , has fill'd the world with blood and misery through many generations . whereas had st. paul's definition and direction been understood and follow'd , mistaken men had been pittied and informed , and not persecuted and killed for gods sake ; while the impious contemners and blasphemers of god and religion had met with their deserts from the civil magistrates . but i will readily confess , that a person never so serious in his mistake concerning god , may very well be disowned by the church he is a member of , because the contrary sentiment might be one of the terms of communion , and no wrong done ; but therefore , to say , take him goaler , though otherwise a vertuous , peaceable and charitable man , is a method , not to be justified by true christianity ; especially when that which is required to be believed , is the comment , and not the text , which alone should be sacred and controuling in point of doctrine among christians . and to say true , 't would be too hard a task , to defend the imposition of a doctrine , not delivered in the terms of scripture , which is the great creed of christians , when the party to believe does not refuse to give his faith in the terms thereof : for after all , truth loses no ground by fair concessions , and i know not how we can well deny that comments are a sort of begging of the question , which have not a voice from heaven to confirm them . i perceive the bill is fram'd in favour of the christian religion , and of the trinity , as a main pillar of it . but after all , i believe our good lives will best recommend and maintain it. framing of creeds hath cost former ages so very dear , by the distraction of churches , and the destruction of people , that it were great pitty fresh occasions should be given to revive a controversie so well laid . this quarrel alone , had so besmeared the face of christianity with blood , in the first ages of the church , that it lost to christians that reverence with the gentiles , their piety and charity had before rais'd to themselves , and their profession : and whatever we may think , nothing else can repair our breaches , and restore to us paths to dwell in . there are several sorts of creeds , i know , as the athanasian , nicean , sabellian , and in short the real and nominal trinitarians . but since none can be so orthodox as that deliver'd to us in gods book , why should we press the point further ? who can determine with equal authority to that of the holy ghost ? who can express his mind apter ? or how can we frame a better general to center in ? at least to maintain charity by , if our sentiments of the intention of the text are not the same ? i speak this with great respect to the secular authority . for it is certain , that the several churches , or religious societies that may hold these several modes of trinity , have that power over their own members , by the common rules of fellowship , that as to such points as are the terms of communion , they may respectively deal with any of them that may forsake their usual belief ; so far as refusing them any further communion . but for the civil authority , at this time of day , to interpose , and penally impose any one of them , unless it were the sacred text ( to which all parties refer and submit ) looks something hard : and when we consider the divided state of the nation , the learning and freedom of spirit that is now among the people , and the liberty of conscience they are in the possession of , i must acknowledge , i cannot see the prudence of it . but to make property a sacrifice for mistakes about religion , if yet it be a mistake ; and to make it so by the vote of civil authority , that indeed may conclude but not convince , ( for that pretends not to an infallible spirit of decision , as to truth and error ) has certainly a difficulty in it not easily overcome : since to me it seems to shake those fundamental laws by which property is declared and desended . for it is hard to apprehend how faith is the foundation of property . nor is this all ; for if this bill pass , to pick a hole in the coat of any one party this time , the rest may say , that perhaps lye open to be hitt upon other points , what know we but that it will be our turn next time ; and tho' as to this doctrine we are within the pale and safe , yet upon other articles we may at another time be equally exposed ; and so that which cannot be done at once , may , in the same manner , by little and little , be accomplished at last , to the prejudice of every interest that dissents from that which is uppermost ? i mean , a forced uniformity in worship , doctrine and discipline . certainly presidents in so nice a case must be very dangerous , and every party being concern'd in every party's security , it is obliged , by its own safety , to endeavour the safety of the rest , tho' , as to the point on foot , they differ'd as much from the party in question , as that which holds the chair . i confess this consideration moves much with me ; and if their be any ground for it , then certainly there can be no good one now , for a bill against blasphemy , without great caution and distinction in the wording of it ; lest virtue suffer more than vice , and dissent rather than impiety . i have been the freer in this matter , being neither deist nor socinian ; and have no other exception to the bill , than that which i have exprest : for i fear it will be an occasion of animosity , if not of persecution : and as it has more than once happened , that part which affects the conscientious shall be more vigorously executed , than that which regards the irreligious blasphemer . for it has been observed , during the reign of king charles the second , that the dissenters suffered more in one year that the laws were put in execution , for their religious meetings , than the impious and debauched did in his whole reign : so much more inclinable were some men to wink at wickedness than indure a conscientious dissent : of which the ecclesiastical courts were but too great an instance , as well as the ordinary sessions of justice to conclude , but with all submission and respect to authority , i say again , to make a culpable and punishable blasphemy , there must be an irreligious and despiteful intention and design in the words of the person accused . and here i conceive the civil magistrate has the full and free use and exercise of his authority against blasphemy : for blasphemy , in this sence , corrupts good manner , being a plain and impudent indignity and affront upon the most high good and god ; and merits not only law , but the warmest zeal to suppress it : for to endure it , as it hath been , god knows , too long and too much already , is the high way to provoke god to vindicate his own glory and soveraignity at the cost of the whole nation ; wherein the innocent may happen to suffer with the guilty , tho' to these a judgment , and to them but an affliction . it is to be lamented , as well as aborr'd , that a people of so much light and knowledge , and under such pretences to reformation , should want zeal to ther power , to root out such scandalous and impious practices from among us . there are good laws , if they were but imployed to discourage such irreligious persons , let their quality be what it will. law knows no respect of persons , tho' it too often happens that many cloathed with authority do , that have the power and are sworn to suppress them . and indeed , as the case stands , if we are in earnest to suppress blasphemy , prophaness and debauchery , there seems to be but two ways in the power of the civil magistrates ; but they are good ones , and might be in great measure effectual . first , to suppress all play-houses , and gameing-houses , and places of looseness and debauchery , those seminaries or nurseries of impiety : that have palpably relax'd the ancient discipline of the nation , and corrupted the youth of it , to the ruin of the honour , virtue and fortune , of many ancient and worthy families : and which therefore are the scandal and aversion of the sober men of every perswasion . the next way to extinguish vice , is to make a vicious man uncapable of being a magistrate ; who , being conscious of his own ills , will but faintly punish other men's , and whose power will awe others from informing against him . if publick employments and marks of favour were made the rewards of virtue and ability , where-ever they are found , we should quickly see an alteration among the gentry of england , and by their power and example , a reformation among the common people . and to say true , if virtue , and not opinion , were the test , england would have the use and service of the sobriety and good sence of all her people , for the suppression of vice , and introducing of a general reformation of manners : which god almighty send . the end . an enquiry into the oath required of non-conformists by an act made at oxford wherein the true meaning of it, and the warrantableness of taking it, is considered / by john corbett ... corbet, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an enquiry into the oath required of non-conformists by an act made at oxford wherein the true meaning of it, and the warrantableness of taking it, is considered / by john corbett ... corbet, john, - . [ ], p. printed for tho. parkhurst ..., london : . appears in his remains. london, . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- england. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion an enquiry into the oath required of non-conformists by an act made at oxford . wherein the true meaning of it , and the warrantableness of taking it , is considered . by john corbett , late minister at chichester . london , printed for tho. parkhurst at the bible and three crowns in cheapside near mercers chappel , . an enquiry into the oath required of non-conformists by an act made at oxford . the oath . i a. b. do swear , that it is not lawful upon any pretence whatsoever , to take arms against the king ; and that i do abhor that traiterous position of taking arms by his authority against his person , or against those that are commissionated by him , in pursuance of such commissions ; and that i will not at any time endeavour any alteration of government either in church or state. the interpretation of the oath here given , is not peremptorily determined , but probably concluded and humbly proposed , by the inquirer , to men of sober and impartial judgment , in order to the clearing of his own judgment , and the settling of his own conscience about this important matter . in considering the warrantableness of taking this oath , these two main things do necessarily come under consideration ; i. whether the words do signifie a just and good meaning according to a rational interpretation ? ii. whether such just and good meaning was the very meaning of the law-makers in the enacting of this form of words . the first inquiry is , whether the words do signifie a just and good meaning according to a rational interpretation . now in the way of rational interpretation , these things are to observed ; . we must proceed no otherwise than the words will bear in their ordinary signification . for words as taken in their common use are the first and most noted means of signifying the mind of those that use them . therefore to force upon them a sense in it self rational enough , which is alien from their ordinary signification , is indeed irrational . . a meaning , which the words taken by themselves may bear , may not be rigidly insisted on against the intent of the law. for the words of a law are many times more rigorous than the intent ; nevertheless , they are but subservient to it , and may not be urged to the perverting of it . . it is rational to interpret a law , if the words will bear it , in a sense agreeable to right reason and equity . for by the reverence that is due to governours , we are forbidden to put upon their acts a sense repugnant to reason and equity , unless that repugnancy be apparent . . it is rational to consider this law not by it self alone , but as it is a law of this realm , and in conjunctionwith the other laws there ; of and consequently to interpret it , farre as the words will bear , in a sense consistent with the constitution of the realm , and with the other laws , and with the ordinary legal practice . for the law-makers must not be supposed to enact things inconsistent , unless the inconsistency be manifest . in this way of proceeding i come to consider the just and good meaning which the words of the injoyned do admit . the first part of the oath . i do swear that it is not lawful upon any pretence whatsoever to take arms against the king. in this part these or the like words [ i do hold or i do believe ] are necessarily and evidently to be understood . for the thing that the law seeks or aimes at , is not the truth of the proposition , which is presupposed , but the discovery of the swearers judgment concerning it . this may further appear from some other act , where the said words are expressed in the like imposition . [ i swear that i hold it unlawful to take arms against the king. ] as for these words [ upon any pretence whatsoever ] they signifie no less than upon any cause , or in any case whatsoever ; so that this tenet ( as i apprehend ) is sworn to without any restriction or limitation . but then it must be considered , that these words [ to take arms against the king ] must be taken in their due and legal sense ; and so taken , they import the resisting of the soveraign authority , or the power ordained of god , which is not lawful upon any pretence whatsoever . i know it is objected that some of the most eminent assertors of the power of princes , as grotius , ` barclay , &c. have restrictions and cases of exception in this point . but i conceive that the objected cases of exception delivered by them , are not properly restrictions laid upon the tenet , but explanations of its meaning , that their readers may not mistake some for delinquents against it , who indeed are not such according to their judgement . the design of this part of the oath , is to renounce all rebellion , and all resistance contrary to due subjection , as not to be justified upon any cause , or in any case , that may come to pass . and its due legal meaning is rationally conceived to be , that it is not lawful upon any pretence whatsoever for any of the king's majesties subjects to take arms against his person , or authority , or any of his rights and dignities . the second part of the oath . and that i do abhorre that traiterous position of taking arms by his authority against his person , or against those that are commissionated by him , in pursuance of such commissions . the position of taking arms by the kings authority against his person is justly to be disclaimed . though the king's person and his authority be distinct , yet they are not separate . the king's authority is inherent in his person , and in no other . though it be exercised by an other during his natural incapacity , as in his infancy , yet his person alone is the proper seat and subject of it , and that other exerciseth it only in his name , and as his vicegerent . indeed sometimes an inferiour authority , as that of a judge , or justice of peace , or constable is called the king's authority ; but in proper signification it is no more than the authority of the said officers derived from the king as the fountain thereof . now it is most absurdly spoken or imagined that the king's authority , which is inherent in his person only , can be exerted in taking arms against his person . likewise it is as absurdly spoken or imagined , that an authority inherent in an other , but derived from the king and dependent on him , should be so exerted . the following words [ or against those that are commissionated by him ] are most rationally understood of those , that are legally commissionated by him . likewise by pursuance of such commissions is meant legal pursuance . it cannot reasonably be supposed , that a law , on the behalf of persons commissionated , doth intend any other than such as are commissionated not against , but according to , law. a commission against law is no commission . wherefore commissionated in this place is of the same import with authorized . the third part of the oath . that i will not at any time endeavour any alteration of government either in church or state. i confess that these words [ i will not at any time endeavour any alteration ] taken by themselves , may be interpreted so unlimitedly as to import the abjuring of all kind of endeavour of any alteration whatsoever , whether great or small , for the better or the worse , necessary or unnecessary . nevertheless being considered as the words of a law in conjunction with other laws , they may be well limited to a more temperate and equitable meaning . we cannot reasonably imagine that the intendment of this oath extends so far as the abjuring of all lawful endeavour in our place and calling of any alteration whatsoever in any point of government , though never so small , never so necessary , never so advantageous for the publick good in this or after times . the informing and petitioning of parliament-men , and legally acting in them in order to the alteration of particular laws is warranted by the fundamental constitution of this realm . wherefore it is rationally conceived , that the true intent of this part is to engage against disturbing the publick peace and government now established , by rebellion , sedition or any other unlawful practice ; and that the endeavour here abjured is only such as is forbidden or not warrantable by law. for a law ought to be interpreted , as far as is possible , so as to be consistent with equity and justice ; and it ought not to be so interpreted , as to damn the ordinary course of law , and the necessary allowed practice , such as is the alteration of laws both in civil and ecclesiastical matters from time to time , as need requires . the restrictive interpretation here given , is no forcing of the intendment of the oath in this part into a narrower compass , than the form of expression can well bear . indefinite words are to be limited according to the nature and reason of the thing about which they are used . so is the indefinite expression of endeavour to be here limited that the oath may bear a just and equal sense in conformity to other laws , and to the ordinary legal practice . besides , seeing the words [ any alteration of government ] are an unlimited form of expression , and put no difference between the most alterable , and the most unalterable points , certainly it is most rational to conceive that the word endeavour is to be taken in a restrained sense . for it is not to be thought that the law should intend the perpetual securing of the least and most alterable points of government , as much as the greatest and most unalterable . yet it could intend no less , if the abjuring of all kind of endeavour of any alteration were intended . moreover though the law doth not explicitly , yet it doth implicitly distinguish in the present case , and restrain it to rebellious , seditious , schismatical , or other unlawful endeavour . for it is the declared end of the law to obviate the designs of such [ as take opportunity to instill poisonous principles of schism and rebellion into the hearts of his majesties subjects ] as the words thereof are . the second thing to be considered is , whether the just and good meaning before set forth was the very meaning of the law-makers in the enacting of this form of words . a law being the will of the lawgiver must be taken in that meaning , which is therein immediately signified by him to be his will. and that meaning being not his secret or private but his declared and publick will , must some way or other be so evident and open ▪ as that the subjects may be sufficiently informed thereof , if they be not culpably negligent . that the meaning of the law-giver be made thus open and evident is a condition necessary to be constituting of the subjects duty . now to discern what it is , they are to use their judgments of discretion , that their submission to it may be according to right reason and good conscience . in the present case the declared and publick will and meaning of the king and his two houses of parliament is to be considered and discerned . sometimes the meaning of the law-giver may be so clearly expressed in the law it self , that he , who hath the understanding of a man , cannot or need not mistake it , and then there needs no farther inquiry about it . sometimes being not so clearly expressed in the law it self , it may be more fully done by some other declarative act , or open express signification of the law-giver , and then also their needs no further inquiry . but in case the said meaning be not so clearly signified by the law it self , nor by some authoritative declaration , nor by other open express signification , then of necessity recourse must be had to a rational interpretation : and according to reason , that sense , which the words do conveniently import , which is agreeable to the law of god , and which the constitution of the realm , and other laws thereof , and the ordinary legal practice do require , is to be taken for the declared and publick will and meaning of the law-giver ; especially if it answer the design of that very particular law. the meaning of the oath now considered is not so clearly expressed in the words taken by themselves , as to prevent all mistaking or doubting thereof in all , that are men of understanding , and make use of it . the words may bear a far more extensive sense , than what may be judged to be the true intent and meaning of the law-makers . the sense of many laws , which are unquestionably just and good , do lye in a narrower compass than the full extent of the words taken by themselves , as is manifest in these divine laws . swear not at all . call no man father on the earth . the law-makers have not by any authoritative declaration , or open act signified that their meaning in this oath is as extensive as any sense , which the words taken by themselves will bear , or that it is not to be limited to an equitable intendment in a consistency with the other laws , and that legal practice , which they themselves own and maintain . therefore that equal sense which the words do fairly bear , and which bears conformity to the law of god , and which the other laws , and the constitution of the realm , and the ordinary legal practice do require , and which suits with the design of this very law , is in reason to be taken for their declared and publick will and meaning in this oath . here let us look back upon the interpretation before given . is there any just reason to conceive that the law-makers or the major part of them did in the first part of the oath intend by taking arms against the king , any other than what is such by the law of this kingdom ? or that in the second part , they intended by those that are commissionated by him any others than those that are commissionated by him according to law ? or that in the third part , they intended the abjuring of all kind of endeavour , and not that only which the law forbids , or is not warranted by law ? and more especially concerning the third part , which hath been most called into question , can it rationally be supposed that the generality or majority of them intended to bind men by oath from lawfully endeavouring in their places such changes about particular laws or canons , as they themselves ordinarily make in their places by voting in parliament , and some of them being clergy-men by voting in convocation ? or can it rationally be supposed that they intended to bind only one sort of men , called non-conformists , from lawful endeavours of the publick good , while others were left free . if it be objected that law-makers may in some particular law have a meaning repugnant to equity , and to the ordinary course of law and legal practice , my answer is , that the reverence and charity , which is due to our superiours forbids us to conceive that they have such a meaning , unless we be compell'd to it by convincing reason . now we are not compell'd to conceive thus by the words of the oath , for they carry it fairly for a very good meaning ; nor by the scope of the law ( which is expresly declared to prevent the distilling of the principles of schism and rebellion into the hearts of his majesties subjects ) ; nor yet by any publick or open act of the law-makers . have the majority of them as so many single persons severally declared such a meaning , as is suggested in the objection ? or can it reasonably be imagined that they would ever so declare ? or is there any other evidence or convincing reason to be produced for it ? the will of the lawgiver , which the subjects are bound to take notice of , is that which is so publick and open , that they may be inform'd of it , if they be not culpably negligent . but if any shall imagine him to have a private will or aim in the contrivance of a law different from his publick and open will and meaning , the subjects are not concerned therein , because it is not the law or will of the lawgiver as such . for a law is the will of the governour , not as meerly existent , but as declared , wherefore touching this oath , that which the subjects are concerned in , is to know what is the apparent or sufficiently declared meaning of the law-makers therein , and that the same is just and good. being it is further noted , that it is no more than the meaning of the law-makers expressed in the words of the oath , touching two general positions , and a general promise , that is sworn unto in the taking thereof . in the first part of this oath the person , upon whom it is imposed , is called to swear this general , tenet according to the true intent of the words , that it is not lawful upon any pretence whatsoever to take arms against the king ; but not that this or that case is a taking arms against the king , which is not signified by this oath , but by the law and state of this kingdom . in the second part he is called to abjure the general position of taking arms by the king's authority against his person or those that are commissionated by him according to his laws . but who are commissionated according to law , and who are not , is not signified by this oath , but by the law of this kingdom . likewise in the third part he is called to make this general promise upon oath , that he will not at any time endeavour any alteration of government either in church or state by any unlawful means . but what means are unlawful , and what are not , is not signified by this oath , but by the law and constitution of this kingdom . and it behoves him in all particular cases , that may come under the said generals , to judge and act as the said law and constitution doth determine . i have used the best of my understanding in this inquiry ; and i should not thus labour in it , were it not my own concernment . what i can discern thereof i have impartially set down : yet if any thing here written should be found erroneous , i disclaim and revoke it . the issue of the whole disquisition is to propose it to the consideration of sober , judicious and unprejudiced persons , whether the full meaning of the prescribed oath be not expressed in this more explicate from here following . i do swear , that i do believe that it is not lawful upon any pretence whatsoever , for any of the king's majesties subjects to take arms against his person or authority , or any of his rights and dignities ; and that i do abhor the traiterous position of taking arms by his authority against his person , or against those that are legally commissionated by him , in the legal pursuance of such commissions ; and that i will not at any time endeavour any alteration of government either in church or state , by rebellion , sedition , or any other means forbidden or not warranted by law. it is the duty of a subject to give due security for his loyalty to the king and his government ; and it is the property of one that feareth god , to fear an oath . i think i have set forth the true intent and meaning of the oath , and i do not see how it can be reasonably taken otherwise . nevertheless in the matter here discussed , i am unavoidably timorous , and therefore have published this inquiry to the intent , that if i be in the right , i may be confirmed in it by the sufficient testimony of others ; but in case i have misunderstood it , that i may be better informed , and set right . my design is to expedite my self and others concern'd in the taking of this oath from groundless scrupulosity ; yet i would not encourage my self or others to take it in a wrong meaning . if i take it , it must be in the sense before given , which i think is a full renouncing of those principles of schism and rebellion , against which this law designs to secure the government . finis . several tracts not yet printed , prepared for the press , and left under mr. john corbett's own hand-writing , intended shortly to be published , are as follows ; . matrimonial purity . . an humble endeavour of some plain and brief explication of the decrees and operations of god about the free actions of men. more especially of the operations of divine grace . . a discourse of the church and of the ministry thereof . . a tract of certainty and infallibility . . of divine worship , in three parts ; . of the nature , kinds , parts and adjuncts of divine worship . . of idolatry . . of superstition less than idolatry . . the true state of the ancient episcopacy . . the present ecclesiastical government , compared with the ancient episcopacy . . a consideration of the present state of conformity in the church of england . . an account of his , and other's judgment and practice , and their vindication against mis-representations made of them , and hearty desire of unity in the church , and of peace and concord among all true protestants for the strengthening of their common interest in this time of danger . with his judgment as to communion with parish churches in the worship of god. . his humble representation of his case touching the exercise of his ministry . . discourses between dr. gunning , late bishop of chichester , and himself ; wherein are several humble defences made both as to his principles and practice . reflexions upon the oathes of supremacy and allegiance by a catholick gentleman, and obedient son of the church, and loyal subject of his majesty. sergeant, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reflexions upon the oathes of supremacy and allegiance by a catholick gentleman, and obedient son of the church, and loyal subject of his majesty. sergeant, john, - . p. s.n.], [london : mdclxi [ ] attributed to john sergeant by wing and nuc pre- imprints. also attributed to john austin and hugh paulinus cressy--nuc pre- imprints. place of publication suggested by wing. errata on p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- great britain. oath of allegiance, . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion reflexions upon the oathes of supremacy and allegiance . by a catholick gentleman , an obedient son of the church , and loyal subject of his majesty . printed in the year . mdclxi . errata . page . line . fet read set , l. . dele and , p. . l. . excepting r. not excepting , p. . l. . christian r. christians , p. . l. . auihority r. authority , p. . l. . r. in the marg . ib. p. , p. . l. . ther r. their , p. . l. . mogannant r. moyenant , l. . entire r. entier , p. . l. . scots r. sects , p. . l. . invention r. intention , p. . l. . the useselsesse r. uselessnesse , p. . l. . charter r. character , p. . l. . at r. an , p. . l. . permitted to the people to be taught , r. permitted to be taught to the people , p. . l. . fiers estate r. tiers estat . l. . they are r. there are , l. . to article r. to be an article . reflexions upon the oathes of supremacy and allegiance . sect . i. the occasion of making these reflexions : and the summe of that which follows . the divine providence having been so watchful over his most sacred majesty in his wonderful preservation from dangers , and so miraculous in restoring him to his throne , just and necessary it is that both himself and his counsel should make use of all lawful means to preserve him in safety , and his subjects in obedience and peace . and because a greater obligation cannot be imagined among christians then a solemn oath , it became them to make use of that obligation indifferently to all , the which in all probability would now at last have a greater effect by vertue of his majesties declaration of a liberty to tender consciences , and that no man shall be disquieted , or call'd in question for differences of opinion in matter of religion , which do not disturbe the peace of the kingdom : by which is taken away the chief cause which began and fomented the late troubles and confusion . . notwithstanding seeing that the manner of the application of that preservatory and remedy of an oath , hath lately occasioned great disputes , and unquietness of minds , in several persons ; and seeing the oath by none more readily taken and earnestly imposed on others , then by those who began the war , and promoted the covenant , and of whose party not one was ever found that drew a sword for his majesty ; and on the other side by none more scrupled at or refused , then by those who alwayes assisted the king , and of whose party never any one drew a sword against him , and withall of whose loyalty his majesty hath oft professed that he hath sufficient assurance : the consideration of all this begat in my mind an opinion , that surely there lay hidden in these oaths some mystery fit to be discovered , and which is attempted in the following reflexions . . in which , . after a brief declaration of the nature of a solemn oath , how high a point of gods worship it is , and what reverence and caution is to be used in it . . and after the setting down the formes of the two oaths at this time imposed . . there follow reflexions upon the said oaths in gross , shewing the occasion of the making of them , &c. . after which it is demonstrated that the oath of supremacy as it lyes , and according to the sence of the first lawgiver , cannot lawfully or sincerely be taken by any christian. . then is declared in how different a sence the two oaths are taken by protestants , . and by presbyterians , independents , &c. . and upon what grounds roman-catholicks do generally refuse to take the oath of supremacy , . and some of them make scruple to take that of allegiance . . lastly there are short reflexions on his majesties gracious declaration for tender consciences , shewing who have the justest pretentions to the benefit of it , &c. . all this is offered to the consideration of all good christians among us , to the end advice may be taken whether it be for gods honour , or the kingdoms peace , that such formes of oaths so manifestly ambiguous , so inefficacious to the producing of loyalty and peace in the generality of the kings subjects , so piercing and wounding to tender consciences , &c. should be continued to be imposed , or new formes more effectuall for his majesties security contrived , after the example of scotland , &c. sect . ii. touching oaths in general . . an oath , by which god is invoked as a witness , surety and caution of whatsoever we affirm , renounce and promise , and a revenger upon us if we transgress in any of these , is certainly an high act of religion : but such an one , as that like medicines , it ought not to be used except in cases of just necessity , and then with great advice and sincerity . . the conditions therefore required by god himself in an oath are expressed in this saying of the prophet , thou shalt swear , the lord liveth , in truth , and in judgment , and in justice . so that if an oath be ambiguous , captious or false , it wants the condition of truth . if it be either unnecessary , or indiscreet and unprofitable , it will be destitute of judgment ; and if in the object and forme of it , and in the mind of the taker , there be not a conformity to the eternal law of god , it will want justice : lastly if with all these , it be not attended with fidelity in the execution of what is promised , ( supposing it be a promissory oath ) and this according to the intention of the law-giver , it will be dishonourable , irreligious and odious to god ; and wanting any of these conditions it will respectively be destructive to those that so contrive or take it . . all these conditions are doubtless with more then ordinary caution to be observed in solemn , publick and national oaths : the breach of which will involve whole kingdomes in guilt and punishment , and this , even in the opinion of heathens , inevitably . . these things considered , if we will call to mind how many oaths , covenants , abjurations , &c. ambiguous , entangling , trayterous , contradicting one another , and consequently inducing a necessity of perjury , have been sometimes voluntarily taken , or by a pretended authority imposed on the subjects , it will surely deeply concern us all to take some fitting course to avert gods most just indignation from our nation , by humbling our selves before his divine majesty , and making a publick acknow●edgment of the guilt universally contracted by us : and however for the future to take ●are that men may clearly see and understand what it is that they must be compelled to wear . sect . iii. the forme of the two oathes , of supremacy and allegiance , and the proper litteral sence of them . . the oathes at this time in force , and publickly or generally imposed are two , . that of supremacy , . that of allegiance , conceived in distinct formes . . the oath of supremacy is in the forme here expressed , viz. i a. b. do utterly testifie and declare in my conscience that the kings majesty is the only supream governour of this realme , and of all other his highnesse dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporall : and that no forreign prince , person , prelate , state or potentate hath or ought to have any iurisdiction , power , superiority , pre-eminence , or authority ecclesiastical or spirituall within this realme : and therefore i do utterly renounce and forsake all forraign iurisdictions , powers , superiorities and authorities : and doe promise that from henceforth i shall bear faith and true allegiance to the kings highness , his heirs and lawful successours , and to my power shall assist and defend all iurisdictions , priviledges , pre-eminencies and authorities granted or belonging to the kings highness , his h●irs and successours , or united and annexed to the imperial crown of this realme : so help me god , and by the contents of this book . . the tenor of the oath of allegiance is this , viz. i a. b. do truely and sincerely acknowledge , professe testify and declare in my conscience before god and the world , that our soveraign lord king charles is lawful and rightful king of this realme , and of all other his majesties dominions and countries ; and that the pope neither of himself , nor by any authority of the church or sèe of rome , or by any other means , with any other , hath any power or authority to depose the king , or to dispose any of his majesties kingdomes or dominions , or to authorise any forreign prince to invade or annoy him or his countries , or to discharge any of his subjects of their allegiance and obedience to his majesty ; or to give licence or leave to any of them to bear armes , to raise tumults , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects , within his majesties dominions . also i do swear from my heart that notwithstanding any declaration or s●ntence of excommunication or de●rivation made or granted , or to be made or granted by the pope or his successours , or by any authority derived , or pretended to be derived from him or his sèe , against the said king his heirs or successours , or any absolution of the said subjects from their obedience ; i will hear faith and true allegiance to his majesty his h●irs and successours , and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever , which shal be made against his or their persons , their crown or dignity , by reason or colour of any such sentence or declaration , or otherwise ; and will do my best endeavour to disclose and make known unto his majesties heirs and successours all treasons and traiterous conspiracies which i shall know or hear of to be against him or any of them . and i do further swear that i from my heart abhorr , detest and abjure as impious and hereticall this damnable doctrine and position , that princes which be excommunicated or deprived by the pope may be deposed or murthered by their subjects , or any other whatsoever . and i do believe , and in my conscience am resolved that neither the pope nor any person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully ministred unto me . and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear according to these expresse words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation or mental evasion , or secret reservation whatsoever . and i do make this recognition and acknowledgment heartily , willingly and truly , upon the true faith of a christian : so help me god. . these are the formes of the two oathes : both which if they be understood according to the proper and natural sence of the words import , that there being only two kinds of jurisdictions , viz. spirituall and temporal , both which are named here , the king within his dominions is equally the fountain and root of them both : so that whosoever exercises any office or magistracy either in the state or the church , does it ( and must acknowledge so much ) meerly by communication from the king , or a participation of so much of his power as he is pleased to impart . upon which grounds it will follow not only that no forraign prince , prelate , &c , no assembly or councel of bishops , though never so oecumonical hath right to any superiority or jurisdiction within these kingdomes , but also that whatsoever any bishop or priest in the kingdom &c. acts in matters & duties purely spiritual , as conferring orders ecclesiastical , inflicting censures , administring sacraments &c. they do all this with a direct subordination to the king , & as his delegates or substitutes : insomuch as if he pleases , he may himself exercise all those functions personally , and may according to his pleasure suspend the execution of them in all others . . all this plainly seems to be the true importance of the oathes ; neither will any stranger or dis-interessed person , reading them frame to his mind any other meaning of them : though certain it is that our four last princes have not intended that all that took them , should accowledge all this , that is imported by them . neither is there at this day any church or assembly of christians , nor perhaps any person ( unlesse it be the authour of leviathan ) that taking these oathes , will or can , without contradicting his belief , mean all that the formes and clauses of them do directly , properly and grammatically signify , as shall be demonstrated . sect . iv. reflections upon these two oathes in grosse . . it well deserves to be considered , what was the occasion of framing this oath of supremacy by k. henry the eighth , and what power he received , or at least executed by vertue of such acts of parliament as enjoyned the taking of it , &c. . the title of supream head and governour of the church of england , was first given to king henry the eight , in a petition addressed unto him by the bishops , obnoxious to a praemunire for having submitted to cardinal wolsey's legantine power without the kings assent . now how far this new ecclesiastical power of the king was intended to extend , will appear by following acts of parliaments , and by the kings own proceedings in vertue thereof . . it was enacted by parliament , . that no canons or constitutions could be made by the bishops , &c. and by them promulgated or executed without the kings command . . yea the clergy were forced to give up also their power of executing any old canons of the church without the kings consent had before . . all former constitutions provincial and synodal , though hitherto inforce by the authority of the whole church ( at least westerne ) were committed to the abitriment of the king & of sixteen lay persons and sixteen of the clergy appointed by the king , to be approved or rejected by them , according as they conceived them consistent with , or repugnant to the kings prerogative , as now a new head of the church or to the laws of god. by which means without one single voice of the clergy , all former ecclesiasticall lawes might be abrogated . . an authority was allowed to the king to represse and correct all such errours , heresies , abuses and enormities whatsoever they were , which by any manner of spirituall jurisdiction might lawfully be repressed , &c. any forreign lawes , or any thing to the contrary notwithstanding . . all manner of jurisdiction ecclesiasticall was by parliament ackowledged to belong to the king , as head of the church ▪ so that no bishop had any ecclesiastical jurisdiction , but by , under , and from the king . supreme power of dispensing with any ecclesiastical constitutions is ascribed to the king and parliament , as recognised supreme head of the church , and the archbishop is made only the kings delegate . so that in case he should refuse , two other bishops might be named to grant such dispensations . and after all , the king and his court of chancery are made the last judge , what things in such dispensations are repugnant to scriptures , what not . . though the king did not personally himself exercise the power of the keys , yet this right he claimed , that no clergy man being a member of the english church should exercise it in his dominions , in any cause or over any person without the leave and appointment of him the supreme head . nor any refuse to exercise it whensoever he should require . . it was moreover enacted that no speaking , doing or holding against any spiritual lawes made by the see of rome , which be repugnant to the lawes of the realme should be deemed heresies . as also that whosoever should teach contrary to the determinations which since the year were , or afterwards should be set forth by the king , should be deemed and treated as a heretick . so that the king and parliament are hereby constituted judges of heresy . . in the dayes of king edward the sixt an act is made in which the king and parliament authorise bishops , &c. by vertue of their act to take informations concerning the not useing the forme of common prayer then prescribed , and to punish the same by excommunication , &c. . there were also appointed six prelates and six others nominated by the king , by the same authority to frame a new forme of consecration of bishops , &c. . hereby it is apparent that a jurisdiction purely spiritual was communicated to , or assumed by king henry the eighth ; & this he further shewed by many practises . for besides jurisdiction , as if he had the key of divine knowledge given him by christ he set forth books of instructions in catholick doctrine by his own authority ; declaring them hereticks that taught otherwise . the labour indeed , and we may say , drudgery of composing those books ( as also of executing other spiritual functions ) was left either wholly or in part to the clergy ; but when they had done , he perused them , and and made what additions and alterations he pleased in them , and without remanding them to the bishops , caused them to be printed . the book with his interlinings and changes is still ex-tant . . indeed it was only spiritual jurisdiction that he by his new title of head of the church sought to deprive the pope of : for he feared not his pretended temporal power which in those dayes the world was little troubled withal . for he stood in need of a power to justify his divorce and to dispense with the horrible sacriledge designed by him ; he was unwilling to be looked on by his subjects as a heathen and a publican , and therefore to prevent this danger , he devested the pope , and assumed to himself the power of excommunication also , that is , not the execution of it , but the disposing of of it by delegation to the arch-bishop , who should execute it according to his will and directions only . . a further irrefragable proofe that it was a power purely spiritual which that king challenged by his new title ; is taken from the declaration of stephen gardiner bishop of winchester ( the contriver of the oath ) as we find it recorded by calvin himself ; for ( saith he ) when stephen gardiner was upon the kings affairs at ratisbon , he there taking occasion to expound the meaning of that title of supream head of the english church given to king henry the eighth , taught that the king had such a power that he might appoint and prescribe new ordinances of the church , even matters concerning faith and doctrine , and abolish old : as tamely that the king might forbid the marriage of priests , and might take away the use of the chalice in the sacrament of the lords supper , and in such things might appoint what he l●ft . a title thus interpreted the same calvin vehemently inveighs against , calling gardiner ( and worthily ) an impestour , and archbishop cranmer with his fellowes inconsiderate persons , who make kings too spirituall , as if beside theirs there were no ecclesiasticall government and jurisdiction . . as for his son king edward the sixth , the same title with the plenitude of power was given him , which he likewise , as very a child as he was , executed : for he by his authority made ecclesiastical lawes to be new reformed , church service and administration of sacraments to be changed , and new instructions in matter of religion to be published , quite contrary to what the foregoing head ( though his father ) had decreed to be christian doctrine . and the reason was the same , because new sacriledge was to be committed by the protectour , for which he was loath to be excommunicated . . his elder sister succeeding , repealed and renounced this jurisdiction , and restored it to the church : but her younger sister repealed her repealings , and took it again , when it was in as high language , yea higher , confer'd on her by parliament . and there was a greater necessity for it , than her brother had : for her mothers marriage was declared null by the pope , and consequently her right to the crown . . and that this was the design & intention , of the parliament in the first year of her raign , when they renewed the title of her supremacy in church matters , ( though they blushed to call a woman head of the church ) may sufficiently be collected from a speech yet extant , and made in that parliament upon that occasion by the then lord chancelour nicholas heath ; for arguing very strongly against the said title , and the authority imported by it , he takes it for granted that by giving the queen such a title they must forsake and fly from the sea of rome , : the inconveniencies of which he desires may be better considered . in the next place he recommends to their advice , what this supremacy is : for sayes he , if it consist in temporal government , what further authority can this house give her , then she hath already by right of inheritance , and by the appointment of god without their gift ? &c. but if the supremacy doth consist in spiritual government , then it would be considered what the spiritual government is , and in what points it doth chiefly remain . i find , sayes he , in the gospels , that when christ gave to st. peter the supreme government of the church , he said to him , tibi dabo claves regni coelorum , &c. that is , i will give thee the keyes of the kingdom of heaven , and whatsoever thou shalt bind on earth , &c. now if you mean to give to the queen that authority which our lord gave to st. peter , if you will say , nos tibi dabimus claves regni coelorum , &c. we will give to your majesty the keyes of the kingdom of heaven , i pray you shew your commission by which you are authorised to make such a gift . again , for the same purpose our lord said to st. peter , pasce , &c. pasce , &c. pasce , &c. feed my sheep , feed my sheep , feed my lambs : as likewise , tu aliquando conversus confirma fratres , when thou art converted , confirm thy brethren . now if you mean to say so much to the queen , let us see your commission , and withall consider whether her person , being a woman , be in a capacity to receive and execute such an authority , since st. paul forbids a woman to teach in the church . thus argued the said lord chancelour , proceeding in the same manner upon other branches of spirituall government , and concludes , that without a mature consideration of all these premises , their honours shall never be able to shew their faces before their enemies in this matter . . but notwithstanding all this , the lords , &c. proceeded to frame an act without any distinct explication , whether it was a temporal or spirituall authority which they gave the queen . or rather they framed it with such clauses , as that the most obvious sence of it imported that it was an authority purely spiritual , that they invested her withall : and most certain it is , that if she had executed such an authority , she might have justified her so doing by that act. . however , after that parliament was ended , but before the first year of her raign was expired , such considerations as the lord chancelour had formerly in vain represented had so great an influence upon the queen , that she was obliged by an admonition prefixed to her injunctions , to declare that which the parliament would not , that it was not her intent by vertue of that act to challenge authority and power of ministry of divine offices in the church , but only to have soveraignty and rule over all manner of persons born within her realmes , of what state either ecclesiastical or temporall , soever they be . which explication of hers was confirmed four years after by parliament , yet without changing the foregoing act , or any clauses in it . . and consequently she left ordering of matters purely spiritual to bishops , &c. expresly renouncing it ; for as for the power of excommunication , having again taken it from the pope , she did not fear it from any of her bishops . . in the times succeeding after her , what qualifications were made and declared by three kings touching spiritual jurisdiction , shall be shewed afterward . they had not any such interests , nor such fears as the three foregoing princes had ; and therefore look'd with a more indifferent eye upon the matter : without repealing lawes , or changing the exteriour forme of the oath of supremacy ; they esteemed it sufficient to qualifie it by moderate interpretations , as shall be shewed . . as for the other oath of allegiance , the compiler whereof was king james , the most sad and horrible occasion of it is but too well known ; the intention of it is obvious , and the sence plain . so that it did not stand in need of such a multiplicity of acts of parliament , with many clauses to shew the extention of it . excepting one party , scarce any except against it ; and were it not for some few incommodious expressions and phrases ( nothing pertaining to the substance and design of the oath ) it would freely and generally be admitted and taken , notwithstanding the foresaid parties condemning it , who take that advantage to decry the substance of the oath , from which they have an aversion in as much as fidelity is promised thereby . sect . v. that the oath of supremacy as it lies , and according to the sence of the first law giver , cannot lawfully and sincerely be taken by any christian. . it is a truth from the beginning acknowledged by the fathers of the church , that all kings are truly supream governours over the persons of all their subjects , and in all causes even ec●lesiastical , wherein their civil authority is mixed constitutions of synods , however they may oblige in conscience , and be imposed under spirituall censures , yet are not lawes in any kingdom , that is , they they are not commanded , nor the transgression of them punishable in external courts by outward punishments , as attachments , imprisonment , &c. further then supream civil governours do allow . . this is a right due to all kings , though heathens , hereticks , &c so that kings by being converted to christianity or catholick religion , have not any new jurisdiction added , or their former enlarged thereby . they do not thereby become pastours of souls , but sheep of lawfull pastours : and it is not a new authority , but a new duty that by their conversion accrews to them , obliging them to promote true religion by the exercise of their civil authority and sword : and subjects are bound to acknowledge and submit to this authority of theirs , that is , not alwayes to do what princes in ecclesiasticall matters shall command , but however not to resist , in case their inward beliefs be contrary to theirs , but patiently to suffer whatsoever violence shall be offer●d them . . such a submission therefore to kingly authority may , when just occasion is , be lawfully required by kings from all their subjects , yea a profession thereof by oaths . but such an one was not the oath of supremacy when it was first contrived and imposed . for there an authority in many causes purely spirituall , was by our princes challenged , as hath been shewed . therefore if we consider that oath as now imposed on subjects infinitely differing from their princes beliefe and judgment , both in point of doctrine and discipline , it is not imaginable how it can be taken in such a sense as was first meant , by any congregations , no not even by that which is of the kings own religion . . the oath consists of two parts ; one affirmative , and the other negative : the affirmative clause obliges all the kings subjects though never so much differing in their beliefs , to swear an acknowledgment that the king is the only supreme head and governour of his realme , as well in all spiritual or ecclesiastical things or causes as temporal . and the negative to deny that any forraign prince , prelate , &c. hath or ought to have any jurisdiction , power , superiority , preeminence or authority ecclesiastical or spiritual within this realme , and to renounce all such . . these two recognitions , if the words be interpreted in their proper grammatical sence ( as all oathes in reason ought to be , unlesse they be otherwise interpreted by authority ) and according to the intention of the first lawgiver declared by his practice , imply ( excepting even a personal conferring of orders , and administring sacraments ) that all jurisdiction purely spiritual is acknowledged to be the kings right . now what christian at this day alive will make these two recognitions in the sence aforesaid ? yea what english protestant will be willing to make even the negative recognition ? for if there be no forraign power at all superiour to the king in things or causes purely spiritual , then neither is the pope a patriarch of the west ( which yet king james will not deny ) neither can a lawful and free general council oblige english protestants , which yet they so often protest to submit to . and as for the affirmative clause , it is well known they do not admit it , at least in k. h. the eighth his sense ; we may add , nor in q. elizabeths , as their article will testify , contrary to the rigorous sence of the words of the oath . . how much lesse then can any english subjects divided both in belief and ecclesiastical discipline from the head and body of the church of england , submit to the same oath ? for can the king be acknowledged in all causes spiritual to be a head of churches of which he renounces , and is renounced the being so much as a member ? shall he contrive , or order the contriving of articles of belief respectively sutable to each congregation , and bind his subjects severally to subscribe thereto , when himself believes them to be false ? will he require some to be obedient to bishops as instituted by christ , and others to renounce them as antichristian ? some to use no other forme of service but the common-prayer-book ; others not that but the directory ; and others neither of them , but their owne crude imaginations and non-sense ? will he command some to submit to the pope as supreame pastour , others calvin , others zuinglius , or socinus , or a john of leyden , or a knipper dolling ? . it is evident that by vertue of this oath unchanged in any words , this kingdom has at least thrice changed its religion , and the whole frame of the church . for in k. henry the eighths dayes , excepting onely in one point , it was intirely catholick . in king edward the vi. his daies it was almost lutheran : and in q. elizabeths very much calvinistical . and which is strange , excepting catholicks , those that did not change their belief , yet were content to take the same oath . which could not be done without framing to themselves different sences and mental evasions , so as though all took the same oath , yet each severally took a different oath , with a meaning in all of them contrary to the intention of the oath-makers . . matters standing thus , what a burden of guilt most we suppose to lye upon these kingdomes by occasion of an oath so solemnly imposed on the whole nation , which if we regard the force of the words , no man can take sincerely ? and this guilt is the more aggravated in this respect that there cannot possibly be any real necessity for the imposing of it . for since by an oath of allegiance and obedience , his maiesty may be secured of his subjects loyalty , what necessity or use can there be of such ambiguous acknowledgments of such a supremacy which the king himself will not acknowledge , and the affirming or denying of which contributes nothing to his safety ? he has experienced great disloyalty from a world of those that have most freely taken it , and none at all from those catholicks that have refused it . it is manifest that it was first contrived meerly on purpose that king henry the eighth might make a most filthy and execrable use of it . but now at last his majesty having been pleased to declare a liberty to tender consciences , a world of men there are in these kingdomes that are or ought to be weary of colluding with men , and dis-honouring god in swearing according to a a forme which they cannot but judge unlawful , though it were for no other reason but because it is ambiguous . and these are not roman catholicks , for they refuse the oath : but many of distinct sects from both catholick and protestant belief . and surely that christian conscience which is not tender in a matter in which the honour of god and the salvation or damnation of souls is so much concerned as in a solemn national oath , or that would voluntarily make advantage for temporal ends of gain to themselves , or malice to others , by such an oath to ensnare the consciences of another , only pretends to be a christian , but in his heart saies , there is no christ , and no god. sect . vi. in what sence the oath of supremacy is taken by english protestants . notwithstanding what hath been said , although the oath of supremacy as it is conceived , and in the rigorous sence of the words , cannot lawfully be taken by any sect amongst christians ; yet we see it freely taken by persons of quite different perswasions in matters of religion : neither will charity permit us to judge , that they do all , or indeed any of them directly against their consciences either take it , or impose it . and some make no doubt at all but that an oath , though it contain expressions which absolutely considered are false , yet are capable of a good interpretation , and that a commodious interpretation is allowed by supreme authority , such a forme of an oath may not unlawfully be sworn to , if other circumstances impede not . . now what the sences are in which respectively the protestants and other divided sects do take this oath , cannot assuredly be determined , otherwise then as they have expressed themselves in their writings . but however certain it is that they all of them take it in a meaning so farr different from that which k. henry the eighth intended , that if they had lived in his dayes , and given such limitations to the kingly power in ecclesiastical matters , as we find openly and plainly discovered in their writings , they would have been esteemed as guilty of treason , as bishop fisher and sr. thomas more were . whence appears that an oath remaining for the forme unchanged , may be taken , and allowed to be so taken , in various senses . . first for english protestants , i mean since from toward the latter end of queen elizabeth to these dayes , that notwithstanding any spiritual authority either by statutes confer'd , or assumed by k. henry the eighth , and edward the sixth , they attribute to the king only a civil power in matters ecclesiastical , and that they do this with the allowance of our princes , who questionlesse have authority to interpret oathes ( such especially as concern their own safety , and when their interpretations do no waies enlarge their own power , nor diminish their subjects rights ) may appear by evident testimonies in all these three last princes times , published by the most learned doctours then living among them . . in queen elizabeths reign we have the testimony of doctour bilson , afterwards bishop of winchester , whose expressions are these ; the oath ( saith he ) expresseth not the duty of princes to god , but ours to them . and as they must be obeyed when they joyne with the truth , so must they be endured when they fall into errour . which side soever they take , either obedience to their wills , or submission to their swords , is their due by gods law. and that is all which our oath exacteth . again , this is the supreme power of princes , which we soberly teach , and which you [ jesuites ] so bitterly detest , that princes be gods ministers in their own dominions , bearing the sword , freely to permit , and publickly to defend that which god commandeth in faith and good manners , and in ecclesiastical discipline to receive and establish such rules and orders as the scriptures & canons shall decide to be needful and healthful for the church of god in their kingdomes . and as they may lawfully command that which is good in all things and causes , be they temporal , spiritual or ecclesiastical : so may they with just force remove whatsoever is erroneous , vitious or superstitious within their lands , and with external losses and corporal pains represse the broachers and abbettours of heresies and all impieties . from which subjection unto princes no man within their realms , monk , priest , preacher , nor prelate is exempted . and without their realmes no mortal man hath any power from christ judicially to depose them , much lesse to invade them in open field , least of all to warrant their subjects to rebel against them . moreover intending to explain in what sence spiritual jurisdiction seems by the oath to be given to princes , he saith first , we make no prince judge of faith : and then more particularly , to devise new rites and ceremonies ; for the church is not the princes vocation ; but to receive and allow such as the scriptures and canons commend , and such as the bishops and pastours of the place shall advise , not infringing the scriptures or canons . and so for all other ecclesiastical things and ●auses , princes be neither the devisers nor directours of them , but the confirmers and establishers of that which is good , and displacers and revengers of that whi●h is evill . which power we say they have in all things and causes , be they spiritual , ecclesiastical , or temporal . hereto his adversary is brought in replying and what for excommunications and absolutions , be they in the princes power also ? to this he answers ; the abuse of excommunication in the priest , and contempt of it in the people , princes may punish : excommunicate they may not , for so much as the keys are no pa●t of their charge . lastly to explain the negative clause in the oath , he sayes , in this sense we defend princes to be supreme , that is not at liberty to do what they list without regard of truth or right : but without superiour on earth to represse them with violent means , and to take their kingdomes from them . thus doctour b●lson : whose testimony may be interpreted to be the queens own interpretation of the oath , since as appears by the title page of his book , what he wrote was perused and approved by publick authority . and to such a sense of the oath as this , there is not a catholick clergy man in france , germany , venice , or flanders but would readily subscribe . . in the next place suitable to him doctour carleton in king james his time thus states the matter ; bellarmine ( saith he ) disputing of jurisdiction saith , there is a triple power in the bishop of rome ; first of order : secondly of internal jurisdiction ; thirdly of external jurisdiction : the first is referd to the sacraments ; the second to inward government which is in the court of conscience : the third to that external government which is practised in external courts : and confesseth that of the first and second there is no question between us , but only of the third . then of this ( saith carleton ) we are agreed that the question between us and them is only of jurisdiction coactive in external courts , binding and compelling by force of law and other external mulcts and punishments , beside excommunication . as for spiritual jurisdiction of the church standing in examination of controversies of faith , judging of heresies , deposing of hereticks , excommunication of notorious offendours , ordination of priests and deacons , institution and collation of benefices and spiritual cures , &c. this we reserve entire to the church , which princes cannot give or take from the church . this power hath been practised by the church without co-active jurisdiction , other then of excommunication . but when matters handled in the ecclesiastical consistory are not matters of faith and religion , but of a civil nature , which yet are called ecclesiastical , as being given by princes , and appointed to be within the cognisance of that consistory ; and when the censures are not spiritual , but carnal , compulsive , coactive , here appeareth the power or the civil magistrate . this power we yield to the magistrate ; and here is the question , whether the magistrate hath right to this power or jurisdiction , &c. this then is the thing that we are to prove , that ecclesiastical coactive power by force of law and corporal punishments , by which christian people are to be governed in externall and contentious courts , is a power which of right belongeth to christian princes . again afterward he sayes , concerning the extention of the churches jurisdiction , it cannot be denyed but that there is a power in the church , not only internal , but also of external jurisdiction . of internal power there is no question made . external jurisdiction being understood all that is practised in external courts , or consistories , is either definitive or mulctative . authority definitive in matters of faith and religion belongeth to the church . mulctative power may be understood either as it is with coaction , or as it is referred to spirituall censures . as it standeth in spirituall censures , it is the right of the church , and was practised by the church when the church was without a christian magistrate , and since . but coactive jurisdiction was never practised by the church when the church was without christian magistrates : but was alwayes understood to belong to the civill magistrate , whether he were christian or heathen . after this manner doth doctour carleton bishop of chichester understand the supremacy of the king acknowledged in the oath . . in the last place doctour bramhall bishop of derry in our late kings dayes , and now archbishop of armagh , thus declares both the affirmative and negative parts of the oath touching the kings supream authority in matters ecclesiastical , and renouncing the popes jurisdiction in the same , here in england , in his book called schisme guarded , &c. the summe of which book is in the title-page expressed to consist in shewing that the great controversie about papal power is not a question of faith , but of interest and profit ; not with the church of rome , but with the court of rome , &c. this learned and judicious writer thus at once states the point in both these respects . my last ground , ( sayes he ) is , that neither king henry the eighth , nor any of his legislators did ever endeavour to deprive the bishop of rome of the power of the keyes , or any part thereof ; either the key of order , or the key of jurisdiction . i mean jurisdiction purely spirituall , which hath place only in the inner court of conscience , and over such persons as submit willingly . nor did ever challenge or endeavour to assume to themselves either the key of order , or the key of jurisdiction purely spiritual . all which they deprived the pope of , all which they assumed to themselves , was the external regiment of the church by coactive power , to be exercised by persons capable of the respective branches of it . this power the bishops of rome never had , or could have justly over their subjects , but under them whose subjects they were . and therefore when we meet with these words or the like , ( that no forraign prelate shall exercise any manner of power , jurisdiction , &c. ecclesiastical within this realm ) it is not to be understood of internal or purely spiritual power in the court of conscience , or the power of the keyes , ( vve see the contrary practised every day : ) but of external and coactive power in ecclesiasticall causes in foro contentioso . and that it is , and might to be so understood , i prove clearly by it proviso in one main act of parliament , and an article of the english church . [ which act & article shall be produced afterward . ] the bishop continues they ( that is , the parliament , ) profess their ordinance is meerly political : what hath a political ordinance with power purely spiritual ? they seek only to preserve the kingdom from rapine , &c. and then having produced the article , he concludes , you see the power is political , the sword is political , all is political . our kings leave the power of the keyes and jurisdiction purely spiritual to those to whom christ hath left it . nothing can be more express then this so clear a testimony of so judicious a bishop touching the kings supremacy in matters ecclesiasticall acknowledged by oath . only we must be excused if we assent not to what he affirms , touching king henry the eighth his not assuming spiritual jurisdiction . . again the same bishop thus further adds , wheresoever our lawes do deny all spirituall jurisdiction to the pope in england , it is in that sence that we call the exteriour court of the church , the spirituall court. they do not intend at all to deprive him of the power of the keyes , or of any spiritual power that was bequeathed him by christ or by his apostles , when he is able to prove his legacy . to conclude , omitting a world of other passages to the same effect , he saith , we have not renounced the substance of the papacy , except the substance of the papacy do consist in coactive power . . moreover to warrant these explications of three so eminent men of the protestant church , who write expresly upon the subject , may be added , testimonies yet more authentick and irrefragable , of our princes themselves , who are to be esteemed unquestionably authoritative interpreters of their own lawes , at least in these cases , as afore was observed ; and besides those , the publick articles of the english clergy , yea the statutes of parliaments also . . in an act of parliament made in the fifth year of queen elizabeths raign there is an interpretation of the oath of supremacy in an express proviso , that the oath of supremacy shall be taken and expounded in such forme as is set forth in an admonition annexed to the queens injunctions published in the first year of her raign . the which admonition was made to take away a scruple raised by some , as if the queen had usurped a jurisdiction purely spirituall , which she renounces : professing first that by vertue of that oath , no other authority is to be acknowledged then what was challenged and lately used by king henry the eighth , and king edward the sixth . this clause is not to be supposed to be any part of the interpretation of the oath : but it is only intended to signifie , that this is no new invented usurpation of a title , but that the same had been allowed to those two kings before her and the same authority ( saith she ) is and was of ancient time due to the imperial crown of this realm . neither doth she say , that she challenges all that those two kings did , as in effect it is apparent she did not , but that what she requires had been formerly granted to them . and it is evident that if her meaning had been that the oath should be taken according to that enormous latitude of power allowed and exercised by them , such a way of indefinite explication would have been far more burdensome and entangling to conscices then before : for that would signifie , that all that swear should be obliged to inform themselves in all the clauses of acts of parliament made by those two kings , and in all the actions performed by them , or else they will swear they know not what . her explication therefore is set down clearly and distinctly in the following words , by which she declares what that authority is which she challenges , and which must be acknowledge in taking the oath , viz. that is , the queen under god to have the soveraignty and rule over all manner of persons born within these realms , dominions and countries , of what estate , either ecclesiastical or temporal , soever they be , so as no other forraign power shall or ought to have any superiority over them . . this clause according to the queens interpretation confirm'd by act of parliament , contains the true sence of the oath , so that if this clause can be sworn to , that is all that is signified in the form of the oath , say protestants . now that by this clause only civil power over all persons ecclesiasticall is challenged , appears by a wrong interpretation of the oath which she complains to have been spred abroad , viz. as if by the words of the said oath it may be collected that the kings and queens of this realm , possessours of the crown may challenge authority and power of ministry of divine offices in the church : she renounces all medling with any offices purely ecclesiasticall in the church , ( as also doctor bilson by her authority declares in the forecited words : ) she pretends not to administer sacraments , conferr orders , inflict ecclesiastical censures , determine controversies of faith , &c. but she challenges a supream civil authority over all those that have right to exercise those offices , as being her subjects as well as the laity : and this jurisdiction she will have acknowledged so to be her peculiar right , as that no forraign power shall or ought to have any superiority over them , that is , no part of this regal power , whatsoever spiritual jurisdiction , which she medles not withall , they may challenge . that this is the true sence of this clause appears by that expression [ so as ] which would be void of all sence , if the meaning of it should be conceived to be , that the queen has the supream regal authority , so as no other hath a pastorall authority , no way prejudicial to the regal ; and this sence is evidently confirm'd by the act . eliz. which gives this title to the act . eliz. that it is an act by which there is restored to the crown the ancient jurisdiction over the state ecclesiastical and spiritual , and an abolishing of all forraign power repugnant to the same ; not simply all forraign power , but only that which would diminish her regal power . for how ridiculous would it be to declare a power challenged , and another power renounced that has no repugnancy to it , and renounced with the words so as ? . moreover in the said admonition there are other matters worthy to be well observed : for first by making and with authority publishing that admonition and injunctions , she expresly assumes as her right , a power to interpret oaths and acts of parliament : which if she may do , so doubtless may her successors . secondly , besides this she gives power to any one that takes the oath , in taking it to signifie that he accepts it with the said meaning ; for sayes she , if any person that hath conceived any other sence of the form of the said oath , shall accept the same oath with this interpretation , sence or meaning , her majesty is well pleased to accept every such in that behalfe as her good and obedient subject , and shall acquit them of all manner of penalties contained in the said act against such as shall peremptorily or obstinately refuse to take the same oath . thirdly , that this her interpretation and addition is moreover established by a following act of parliament , which sayes , that it is to be taken and expounded in this forme . lastly , that the oath it self is by the queen in her admonition said to be an oath prescribed to be required of divers persons for the recognition of their allegiance to her . which shews it concern'd not beliefe , but duty only in maintaining her supream civill authority . . next in king james his daies what was conceived to be the power challenged by our kings in vertue of that oath , will easily appear by a notable passage in his premonition to all christian monarchs , in which his intention is to convince ( as he saith ) those ( roman ) libellers of wilful malice , who impudently affirm , that the oath of allegiance was devised for deceiving and intrapping of papists in points of conscience . [ now speaking thus , surely he would not it should be believed that his meaning was by continuing to urge the oath of supremacy likewise to deceive and intrap his poor subjects in points of conscience . from which unworthy intention how averse he was , that is , how far from assuming to himself or even denying to the pope a jurisdiction purely spiritual , the following words will testify : ] the truth is ( saith he ) that the lower house of parliament at the first framing of that oath made it to contain that the pope had no power to excommunicate me ; which i caused them to reforme , only making it to conclude , that no excommunication of the popes can warrant my subjects to practise against my person or state ; denying the deposition of kings to be in the popes lawful power : as indeed i take any such temporal violence to be far without the limits of such a spiritual censure as excommunication . [ and suarez and becanus , &c. go further , affirming that by excommunication not any temporal right or power is taken away , or diminished . ] so careful was i ( saith he ) that nothing should be contained in this oath except the profession of natural allegiance , and civil and temporal obedience , with a promise to resist to all contrary uncivil violence . and presently after he adds , that the occasion of the oath was ordained only for making of a true distinction between papists of quiet disposition , and in all other things good subjects , and such other papists as in their hearts maintained the like violent bloody maximes that the powder-traitours did . nay moreover touching the patriarchal jurisdiction he saith , for my self ( if that were the quèstion ) i would with all my heart give my consent , that the bishops of rome should have the first seat : i being a western , king would go with the patriarch of the west . and how far he was from challenging spiritual jurisdiction , he shewed by his constant committing such affairs to his clergy , only adding his regall authority for the execution of their ordinances : but more publickly and validly by a new confirming and causing to be published by his authority the articles of the english clergy , among which is the th , we do not give our kings either the administration of gods word or sacraments , which the injunctions published lately by queen elizabeth do most evidently daclare : but only that prerogative which we see to have been alwayes attributed to all godly princes by himself in holy scriptures , that is , to preserve or contain all estates and orders committed to their trust by god , whether they be ecclesiastical or civil , in their duties , and restrain contumacious offenders with the civil sword . , this one article , not only publickly acknowledged by all english protestants , but a subsciption thereto enacted from ecclesiasticks , and those that take degrees in the vniversities , and withall by act of parliament enjoyned to be read by all beneficed ministers within two moneths after their induction , this one article , i say , so confirmed , may alone suffice to demonstrate evidently and distinctly that it is only a civil jurisdiction that the kings of england challenge in ecclesiasticall matters , and not at all an authority purely spiritual or pastoral : they are as all other christian princes have ever been acknowledged , custodes utriusque tabuloe : they ought to see and provide that all their subjects do their duty both to god and man. wherein that duty consists , which concernes the divine worship , they are to learn from the church : and at their peril it is , if they be misdirected by a false church ; but however thus far their just power extends , which must be submitted to either by obeying or suffering . as long therefore as this article is in force in england , there will be no need of searching into the senses or interpretations of following kings , say protestants ; yet if we should do this , it is well known that our late soveraign , and his majesty now raigning , ( besides many expressions vivae vocis oraculo , ) have been rather more carefull then king james , not to interpose themselves in functions purely spirituall . . this section shall be concluded with setting down a notable provizo extant in that very statute in which the popes jurisdiction was most prejudiced , and the greatest authority in ecclesiasticall matters confer'd upon king henry the eighth . the which provizo is so cautelously framed , that though king henry esteemed himself to have gained a jurisdiction purely spirituall , and accordingly in many particulars practised it ; to the which several clauses also both in this and following statutes seem as if they gave warrant ; yet the parliament by the said provizo laid a ground how they might in future and better times shew how they meant no such thing . the words are these , provided alwayes that this act , nor any thing or things therein contained shall be hereafter interpreted or expounded , that your grace , your nobles and subjects intend by the same to decline or vary from the congregation of christs church in any things concerning the very articles of the catholick faith of christendom , or in any other things declared by holy scripture and the word of god , necessary for your and their salvation : but only to make an ordinance by policies necessary and convenient to repress vice , and for good conservation of this realm in peace , unity and tranquillity , from rapine and spoil , insuing much the old ancient customes of this realm in that behalfe . not minding to seek for any reliefes , succours or remedies for any worldly things and humane lawes in any case of necessity , but within this realm , at the hands of your highness , your heirs and successors , kings of this realm , which have and ought to have an imperial power and authority in the same , and not obliged in any worldly causes to any other superiour . by this proviso , never repealed , the parliaments ordinance is declared to be meerly political , that the kings independence on forraign power is in worldly things and humane lawes , he being in worldly causes not obliged to any other superiour . . thus far of the sence in which both the most judicious among the english protestants have declared , and have been authorised to declare , what power it is that by the oath is deferred to the kings of england , and renounced to be in any forraign prince or prelate ; to wit , a civil political power , wheresoever it can be exercised in any causes ecclesiastical , &c. against this there is not extant a contradictory testimony of any one protestant writer : so that the protestant subjects of england do intend , and judging that they have unquestiónable grounds to judge this only to be the sence of the oath , in this sence only do they take it , and require it to be taken by others . sect . vii . in what sence the oathes of supremacy and allegiance seem to be taken by presbyterians , independents , &c. . it is a wonderfull mystery how it should come to pass that our english prebyterians , &c. should ( especially now of late ) with so much willingness and greediness themselves swallow these oaths , and so clamorously , not without threatning , urge the imposing them upon others . is it because the oath of supremacy has so peculiar a conformity to their principles , and that of allegiance to their practises ? or that they are so ready , and pressing to disclaim and condemn all that themselves have done these last twenty years ? . first for ther doctrinal principles , i do not find that any of those sects of late in england in peaceable times have publickly declared in what sence they allowed his majesty to have a supreme jurisdicton in causes ecclesiastical or spiritaul , as to themselves : but as to the oppression and destruction of poor roman catholicks , they have alwayes shew'd too great a willingness to exalt the kings authority , and to draw out and sharpen his sword , far more then himself was willing . i do not find that any of them have busied themselves , as a world of protestants and catholicks have , with making discourses upon the oathes . their silence in this point wherein they are doubtless much concern'd one way or other , is surely very argumentative . . who ever knew or heard to flow from the tongue , or drop from the pen of a presbyterian , so christian a positon as is sincerely avouched both by english protestants and the generall body of roman catholicks , viz. that even in case a christian or heathen prince should make use of his civil power to persecute truth , that power ought not upon any pretences to be actively resisted by violence or force of armes : but though they cannot approve , they must at least patiently suffer the effects of his misused authority , leaving the judgment to god only . how unknown , at least how unreceived such a doctrine has hitherto been among their brethren abroad , will but too manifestly appear in a volume entitled , dangerous positions , collected by archbishop bancroft out of severall books written by calvinisticall preachers . what judgment their patriarch calvin made of king henry the eighths new title of the head of the church , we have seen before , and what an exception , terrible to princes , the french calvinistical church hath made in their confession of faith , speaking of obedience due to the supreme magistrate , appears at least every sunday in all their hands in print : where they acknowledge such obedience due to them , except the law of god and religion be interested , or to use their own expression , mogennant que l'empire de dieu , demeure en son entire , that is , upon condition that gods soveraignty remain undiminished . which clause what it means , their so many , and so long convinced rebellions do expound . . and as for their practices in england and scotland , it were to be wished they could be forgotten , especially all that has hapned the last twenty years : and it may suffiice only in gross to take notice , that the most efficacious engin for begining the late war and engaging their party in the prosecution of it was a publick declaration , that their design was to root out popish doctrines , favoured by the king and bishops , to abolish publick formes of church-service , and to destroy episcopacy and church government , root and branch , which had been established in england by the universal authority of the whole kingdom . . these things considered , is it not a great mystery that such persons of such perswasions should be so zealous to take and impose generally either of these oaths ? to think that they do knowingly , directly and formally forswear themselves , and force others to do so , would be uncharitable . therefore an evasion they have to secure themselves in their own opinions from perjury . how little they deferr to kings in their own ecclesiastical matters and government , yea how they declare that none must be excepted from their consistories and synodical jurisdictions even externally coercive , is evident both in sco●land and elsewhere . and it is observable that in the form of an oath lately contrived in scotland , the word ecclesiastical is studiously left out . how comes it then to pass that they can in england swear that the king is supreme head and governour in all causes ecclesiastical or spirituall ? who can reconcile these things together in such a sence ? . surely it will be extremely difficult , if not impossible to imagine any colourable evasion or pretext for cousening themselves , except it be this , that both the oaths were made only against roman catholicks acknowledging the pope to be supreme pastour of gods church , so that whosoever can swear that he is no papist , may freely and without scruple take those oaths , as being nothing at all concerned in them : whatever he does , he cannot be a traytor by vertue of the oath , because he was not a powder-traytor . . if the secret of the affair do indeed lye on such an interpretation as this , then it will follow that none of the kings subjects are , or can by any oath as yet in force be obliged not to be traytors , but only such roman catholicks as take the oath of allegiance . a hard case for his majesty . . this evasion may perhaps serve for the negative clause of the oath of supremacy , wherein profession is made , that the pope has no jurisdiction in this kingdom : but how will they defend themselves from the most principal affirmative clause , that the king alone is supreme governour in all causes ecclesiastical ? till they express themselves in this point , no other expedient , i suppose , can be found , but by denying that there are two distinct clauses in the oath , and consequently by saying that the whole oath is but one simple assertion , viz. that the king is so far to be esteemed the supreme governour as that the pope is not above him : but yet a consistory of presbyters though his subjects , yea any single minister in causes toùching religion and church government may be his superiour . now if this guess hit right , upon the like grounds the oath of allegiance will be interpreted too , as if they that take it should say thus , we promise fidelity to his majesty so sincerely , that notwithstanding any excommunication or sentence of deprivation issuing from the pope against him , we will not seek to depose or murther him . but if our teachers , or we our selves do interpret the word of god against any of his actions , or if we find in scripture that he loves not the pure reformed religion , and shewes his dislike by any publick action , then he must look to himself : for these oaths do not extend to such cases , no not so much as to hinder us from defending our purses with our swords against any illegall exactions . we are sure we are not papists ; that we readily swear , and that is enough . . notwithstanding if they look well upon the oath , they will find the word only too stubborn to comply with this sence , where they profess the king to be the only supreme governour : unless they will conceive the meaning to be , that he is only a supreme governour in regard of the pope with whom he will have nothing to do , and who therefore is neither under him , nor above him , and in regard of no body of the world besides , not the most pittifull tub-man . this indeed would be an evasion , the invention whereof is beyond the art of equivocation . . it is not here pretended , that by this evasion and no other , presbyterians have the art to sweeten oaths , which in the ordinary sence and understanding of all the rest of the kingdom are point blank opposed , at least to their brethrens doctrines and their own practises : so that the author of these reflexions must leave a more perfect discovery of their mysterious wayes to the eyes of the state infinitely more clear-sighted and penetrating . . as for the independents , all that to me is known of them since they lately shew'd their faces to the destruction both of church and state , is their new name : what they think of the oaths , does not to me appear . but the very name implying a renouncing of all order and subordination in church-government even among themselves : and their known practice having been an usurpation of supreme authority to themselves , purchased with the most execrable murther of their undoubted and too too mercifull soveraign : if they can be so hypocritical as to take either of these oaths , they will deceive no body : for it will be evident to all men , that not changing their tenents and courses , they must needs be perjured ; so that to some it may be a doubt whether it be a lawfull or however an expedient mean for the kings safety to offer them the oathes , or to relye upon their taking them . . all that for the present will be collected from the words or practises of these two sects , is , that at least they do acknowledge so far a concurrence with the sence of protestants touching these oathes , that they do assure themselves that by them there is no jurisdiction purely ecclesiastical , attributed or due to his majesty : how far , or whether at all they will permit his civil power to act in matters ecclesiastical , till they discover their minds , ( if they be not too much discovered already ) who can tell ? . besides these , other scots there are in abundance , which the common voice tyes together as samson did his foxes , tail to tail , their faces all looking several wayes : however they are called usually fanaticks . of these some professe obedience , others profess against it , but not any of them will swear either the one , or the other . their sence therefore of these oaths is neither to be expected , nor if it were had , is it to be valued . sect . viii . vpon what grounds roman-catholicks do generally refuse to take the oath of supremacy . . it may very well , and indeed does to protestants seem a mystery almost as hard to be penetrated into , as was that in the last section , why roman-catholicks should so generally refuse to take the oath of supremacy , considering that the whole kingdom besides , does unanimously agree at least in this point , that the supremacy ascribed therein to his majesty does not at all prejudice the spirituall jurisdiction of pastours , with which the king does not meddle , neither indeed does it concern him ; for it is nothing to the king whether one of his subjects be for his faults excommunicated , or admitted to the communion ; whether he be an ecclesiastical person , or a lay-man ; as likewise whether his excommunication or ordination proceed from one beyond seas , or at home ; and the like is to be said of his orders . now since catholick faith teaches that secular power which belongs to caesar , should be given to caesar : and meer spiritual authority over consciences , and upon spirituall penalties only , should be given to the supreme and subordinate pastours , protestants wonder why catholicks so perswaded should refuse to swear that which they profess : especially since by such a refusal they deprive themselves of a comfortable exercise of their religion , and withall expose themselves to many and grievous penalties . they profess loyalty to the king , and dare not swear it . and they hopefully perswade themselves , that if they did swear it , he would believe them , which is a grace that he will not afford to all : but by not swearing it when they are required by lawfull authority , they put themselves in an incapacity to make their loyalty usefull to his majesty , & give perhaps scandal to many out of the church , as if indeed there were some unknown principle of disloyalty in their religion , which forbids them to confirm by oath that which they without oath willingly and almost unanimously profess . this is a mystery that protestants wonder at . . if catholicks answer , that they are ready to swear that which protestants so confidently affirm to be the sence of the oath , but the oath it self according to the present form they dare not take , because they find such a sence very unsuitable to the expressions in the oath : the others will reply , that catholicks take too much upon themselves , to give a sence to an oath , contrary to what is declared by publick and supreme authority : that protestants themselves would make a scruple perhaps at it , were it not that the sence in which they declare their taking of it so seems to them warranted by supreme authority , as no man can imagine , almost a more authentick testimony : for that by the oath our princes would have no other then civil regal authority in ecclesiastical matters attributed to them ; and that as they themselves pretend not to a jurisdiction purely spiritual , so neither do they envy or deny it to any of those whom our lord has constituted pastours of souls in his church : all this is attested by all particular writers , nemine contradicente , by the voluntary assertions of our princes , the undoubted authoritative interpreters of their own lawes , who publickly approved such writers , and also shew'd this by their actions , or rather their omissions to exercise spiritual power . further the same is attested by a publick article or confession of faith of the whole body of the english clergy confirmed and made an ecclesiastical law by regal and parliamentary authority : and lastly by acts of parliament remaining in full force , so that in the opinion of protestants it is almost impossible to find stronger assurances of any truth , then are the proofs that this is acknowledged to be the true sence of the oath . thus say protestants . . notwithstanding in the judgment of catholicks , the negative clause in the oath , [ viz. no forraign prince , prelate , &c. hath or ought to have any jurisdiction , power or authority ecclesiastical or spiritual within this realm ] seems incapable of that sence , and directly contrary to a point of their faith , viz. that the pope is supreme pastour of the whole church in matters purely ecclesiastical or spiritual . that clause has so horrible an aspect , it implies a renouncing even the popes pastoral authority , and this with so much emphasis , that least the word [ ecclesiastical ] might possibly import a civil authority in ecclesiastical courts , there is added also [ spiritual : ] that therefore a catholicks tongue cannot repeat it , much less swear to an acknowledgment of it . . but this excuse does not satisfie such protestants as out of compassion to the fellow-sufferings of roman catholicks , are desirous that their fidelity may be usefull to their soveraign and country . for they reply , that though the said clause might perhaps deserve to be ill looked on by strangers , yet not so by englishmen : since the word [ spiritual ] has not the same notion elsewhere , that it has in england . the oath is to be administred not only to schollers , but to all lay-persons in office , to soldiers in ships , &c. now in england the word [ ecclesiastical ] is not commonly understood by ignorant persons , and therefore for explanation of it there is added [ or spiritual , ] which term whensoever it is applyed to jurisdiction , signifies in england no more then such jurisdiction as is exercised in foro contentioso , and ecclesiastical courts , which we call the spiritual courts , and spiritual judges , and spiritual authority , as my lord of derry well observes : for as for that purely spiritual jurisdiction that a bishop exercises in censures , or a confessarius over his penitent in the internal court of conscience , english men ordinarily know little or nothing of it . and therefore if that clause were to be translated into italian , french or latin , the word [ spiritual ] ought not to be turn'd spiritualem , but some other term must be invented , which should import this sence , and no more . . again , though the clause sayes that the pope has not any authority , no not so much as ecclesiastical or spiritual : it hath as they think , already been shewed that that phrase implies only that he hath not any such regal or civil authority by his own right and divine law , as the king challenges in matters ecclesiastical , as the approved explication by the words [ so as ] in queen elizabeths admonition demonstrates . neither is it unusual among writers , when they speak of a present matter , and would deny any thing concerning it , to deny it in indefinite terms . so when our saviour sayes to the scribes , if ye were blind , ye should have no sin ; or , ye should not have any sin , his meaning is not , that if they had not had sufficient light whereby they might perceive him to be the messias , they would not have been proud , malicious , adulterers , &c. but only this , that the sin of infidelity should not have been imputed to them , which before he had charged them withall . . therefore although that clause look so hideously in the eyes of roman catholicks , that if it stood alone , and were considered absolutely and simply by it self , they could not without renouncing a point of acknowledged catholick faith subscribe to it : notwithstanding if it be considered with dependence on the foregoing words of the oath , it speaks a quite other language then otherwise it would in their opinion . . to give some examples of the like case . if it were proposed to an orthodox christian whether he would subscribe to these assertions , the father is greater then the son , and , there is no evill , but god is the author of it ; he would doubtless refuse to subscribe to the former , as being heretical , and to the later , as being moreover blasphemous . notwithstanding having been informed that our saviour speaking of himself as a man , said , my father is greater then i am , and that the meaning is , that the father is greater then the son , if the son be considered according to his humane nature : and again that god has by his prophet speaking of afflictions , said expresly , is there any evill in a city , of which i am not the author ? and that the word [ evill ] in that speech doth not signifie sin , which it does , when it is mentioned absolutely and simply ; but only punishment ; then a good catholick will make no difficulty in subscribing to both those sayings . now the very same , say they , may be said touching this clause as it lies in the oath , especially having been sufficiently declared that it is only a civill temporal jurisdiction in ecclesiastical courts , &c. which is denyed to belong to any other by right , except only the king. . but in all events , they conceive that among all roman catholicks those might soonest be perswaded to admit a favourable interpretation of this oath , who maintain the doctrine of equivocation , which is not expresly excluded by this oath , as it is by that of allegiance . though how can equivocation be excluded , when according to them one equivocation may be renounced by another ? a most horrid example whereof england has lately seen in the r. padre antonio vais . . neither do protestants think that a declaration formerly made by the pope , and forbidding catholicks to take those oaths with any interpretation whatsoever , needs to be a hindrance to the taking of it in the forementioned sence so publickly avouched , but onely in any secret meanings invented , or mentally reserved by particular persons . for surely the pope intends not to take a power from law-givers to interpret their own lawes , nor to forbid their subjects to admit their interpretations , if they be agreable to truth , and that the words be capable of being so interpreted , as these are pretended to be . certain it is that the pope was never informed of this so legal an interpretation : for if he had , he would never have forbidden that to distressed english catholicks , which to his knowledg all good subjects in france , germany , venice , &c. neither will nor dare refuse to acknowledge and profess . besides , ( say they ) is england now become the only kingdom in christendom where all manner of briefs must be immediately submitted to without a publick legal acceptation , and without examination of the motives , or suggestions by which they w●re procured ? it is far otherwise now in the most catholick countries , and was formerly even in england , when it was most catholick : the lawes then made against receiving or executing bulls from rome without a publick admission under the penalty of incurring a praemunire , are still in force . . if catholicks rejoyning , say that there is another regard for which they are unwilling even to receive information touching any qualifications of these oaths , viz. because the mere admitting a probability that they may lawfully and without prejudice to catholick faith be taken , would argue that so many vertuous , wise and holy men as have suffered death , &c. for refusing them , have suffred without any necessary cause : such were bishop fisher , sir thomas more , &c. in king henry the eights dayes , and many good priests since . . notwithstanding , say protestants , such a consequence is not necessary : for first , it hath been shewed that king henry the eighth intended to exclude the purely spiritual jurisdiction of the pope , his power of determining matters of faith according to former lawes of the church , &c. and therefore no wonder that good catholicks then would not betray their consciences . but it is well known that sir thomas more advised the king to limit some excesses of the popes jurisdiction . and an eminent writer , tells us that bishop fisher offered to take the oath , if it might have been permitted him to explicate his sence of it , which could be no other then this , that he should deny the popes temporal jurisdiction . secondly as for those that suffred in q. elizabeths time , it is certain that all good catholicks would never have esteemed it a martyrdom to dye for refusing to the king a supreme kingly power , and attributing that to the pope . they had therefore a quite different notion of what the state of england required by this oath . but of late good occasion has been given for a more exact examination of it . for to make a sincere and ingenuous confession , it was a committee of the late rebellious parliament , that probably first of all discovered what use they made of the foresaid proviso in the act . eliz. to warrant them to take this oath without submitting their religion to the king. and the same use they judged that all other sects might make of the same , and justify their so doing by law , even roman catholicks themselves . . all these things considered , it is no wonder that english protestants not being fully informed of the state of catholicks , should wonder at roman catholicks for their so universal agreement in refusing an oath so interpreted , without the least prejudice to their faith , but with so unexpressible a prejudice both to their estates and exercise of their religion . . the authour of these reflexions does freely acknowledge that he has been inquisitive with more then ordinary diligence into the grounds upon which protestants do make no scruple at all to take an oath , which if it had no expounders to qualifie the sence properly imported by the words , he knows they could not take it with a good conscience nay moreover he has given all the advantage that he could to the proofes produced by them to justify that no other sence ought to be given therto , by any english subject : in so much as he may apprehend that he shall incurr a danger to be esteemed by catholicks to have a design to encourage them also to take it , since that sence is such as is very convenient to the principles of catholick religion . . but he protests the contrary . his end in writing all this is ( besides a satisfaction given to his mind , that he cannot now without breach of charity charge protestants with such an unsincerity in their taking this oath , as presbyterians &c. are apparently guilty of ) to afford unto the world an illustrious proof of the most perfect sincerity , and the greatest tendernesse of conscience expressed on this occasion by the generality of english catholicks , that i believe ever was given by any church since christs time . . they live here in their own native country with lesse priviledg then strangers , they are excluded from having any influence on any thing that concerns the common-weale of which they are freeborn subjects ; when laws are made against them as guilty persons , they are not permitted to separate their cause from a few that only deserved the penalties of those lawes ; they are by lawes obnoxious to greater sufferings then enemies ; they see their families impoverished , their houses invaded by savage officers , their lives forfeited as traytours , for entertaining those without whom they could not live otherwise then as pagans , deprived of performing any service and worship to god , &c. all these miseries they groan under without proofe of any demerit on their parts ; the crimes of a few miserable seduced and seducing wretches , and their bloody doctrine , by none in the kingdom more detested then by themselves , are made their guilt . and these calamities they could avoid by taking an oath , the present new acknowleded sence whereof ( as to his majesties right ) is just and lawful . and yet they dare not take it . why ? because they fear god above all . but do not protestants fear him too ? they are no judges of the consciences of others . this they assure themselves of , that if those that now take the oath , had been to have framed it , they would have shewed a greater proof of their fear of god , then to have expressed the kings supremacy in termes fit for none but k. hen. the viii . . but moreover great difference there is between the case of protestants and roman catholicks in regard of this oath . for protestants know that the first invention of this oath was to explore the consciences of catholicks , and to tempt them to schisme , by renouncing the spiritual authority of the head of gods church , which under perill of damnation they cannot do . they would not perhaps find so great difficulty , ( without swearing , ) only to say , that the king alone is the supreme governour in all matters ecclesiastical within his dominions , &c. when they are obliged to say this to persons that acknowledge with them such power to be only civill : but an oath to catholicks is a thing so dreadful , that they dare not call god to witnesse that they sincerely swear an acknowledgement that the pope has not , nor ought to have any superiority ecclesiastical or spiritual , unlesse it might be permitted them at the same time , & in the same breath to signify that this is intended of civil , kingly authority in ecclesiastical causes . they tremble to swear in a phrase at the best ambiguous , or rather not ambiguous , but formally contradictory to catholick doctrine : for all the words that they pronounce , and of their acknowledgment whereof they make god a witnesse , are such as they are perswaded to be manifestly erroneous . now god is called a witnesse to what men say in an oath , not to what they think , unless they think as they say . . but moreover there is another consideration that is more than sufficient to make the taking of this oath inconsistent with catholick religion : and that is , the difference that king james , bishop andrews , &c. put between the two oathes of supremacy and allegiance , in regard of their end and intention . for sayes king james , the oath of allegiance ( was not framed against roman catholicks in general , but ) only to make a separation between catholicks of a peaceable disposition & in all other things good subjects , and such roman catholicks as maintained the rebellious maxims of the powder-traitours . but as for the oath of supremacy , the intention of the continuation of it , was to the end to discover who were roman catholichs , and who protestants . so that whosoever takes that oath , is presumed by king james &c. to declare that he is no catholick : bishop andrews has the like expression : but withall he discovers the usesessness of that oath . for ( saies he ) what needs any oath at all to detect who are roman catholicks ? for they refuse to be present at the protestants church service , they will not come to our sermons , they dare not receive the eucharist with us , &c. so that without any oath you may easily know who are roman catholicks . . lastly the principal proof by which protestants demonstrate that by the oathes no other authority or supremacy is given to our princes , but civil only ( which is the article of the english church ) though it be sufficient to clear the affirmative part of the oath , yet not so for the negative , concerning the popes spiritual jurisdiction . yea in the same place it is expresly excluded : for the words following in the same article do apparently give and require a very uncatholick sence of that negative clause ; for there is expressely affirmed , the bishop of rome hath not any jurisdiction in this kingdom . now since both king james , bishop andrews , and the thirty seventh article , even in the very same places where they speak of kingly and papal power do as the former rightly state the kingly , and leave the papal ( spiritual ) power indifinitely excluded , their intention appears to have been to declare against , and require an abrenunciation of a catholick point of faith . . upon these grounds catholicks dare not but refuse to take the oath of supremacy . perhaps by the new unlawful art of casuistry some of them might think they could find evasions : but generally such is the tendernesse of their consciences that they dare not think it lawful to make advantage of casuistry in a solemn oath . very likely protestants will call them nicely scrupulous , foolish or improvident for this their tendernesse of conscience . but sure they will not suspect them disloyal , who attribute as much authority to the king as themselves do : and if it were permitted them to confirm this by a clear oath , in their own language , they would not yield to them in the fullnesse of the expression . if hereafter they are resolved not to grant them any ease from their pressures , if a harmlesse scrupulosity in catholicks shall bear those penalties which direct rebellion in others escapes , if to satisfy the passion of not very good subjects , those that are truly loyal shall be treated as rebells , and their religion only punished indeed ; however that will not be acknowledged by those that punish it , all that remains for catholicks to say , is , dominus judicabit fines terrae . sect . ix . vpon what grounds some catholicks make scruple to take the oath of allegiane . . next followes the oath of allegiance , framed by k. james upon the greatest provocation , and an attentat the most execrable , the most abhorred by the whole body of catholicks , both at home and abroad , and the most scandalous to christian religion that ever was . this oath affords also matter of wonder to protestants , why catholicks who acknowledge the kings supreme civil authority , should make any scruple to take it , since it was never meant against such . . but they may impute only to themselves the cause of such a refusal : for by some incommodious phrases unnecessarily thrust into it they have frighted many from taking it : and as if they had conspired with that one too well known party which alone gave occasion for the framing it , they have given them advantage for those unnecessary phrases sake to fix upon all the refusers a scandalous however unjust imputation as if they approved these abominable principles , from which flowed that more abominable attentat , which deservedly wrung extreme severity from a prince the most element that ever this nation formerly had enjoyed . . in the following reflexions therefore upon this oath , justice requires that we should divide between the innocent and the guilty , between those that ( not in this kingdom only ) have made that principle of disloyalty their distinctive charter ; and those that are ready to renounce that principle , if they might be allowed to renounce it by any other , though more emphatical expressions . . as touching the former unhappy party , it is observable that at the first publishing of the oath , there were in every line and almost particle of it pointed out by them a several heresie : all which heresies are now at last vanished , excepting only one , which is that by which there is enjoyned [ a renouncing of that so bruited article of faith touching the popes power of deposing princes not for heresie only but almost any other fault that shall be esteemed sufficient to deserve it . . this pretended article of faith is by such new de-fide-men grounded either upon the actions of certain popes since pope gregory the seventh , which both for their own sakes and ours it is to be wished had never been done , or might be blotted out of all mens memories ; or upon the decrees of some councels not received or acknowledged by catholick churches ; but principally upon a decree of the councel of lateran under pope innocent the third , in which an ordinance is said to have been framed to oblige ( not supreme princes but ) temporales potestates and dominos , which bear offices in states to take at oath to root out of their dominions all hereticks , upon penalty ( if they do not performe what they swear ) of being denounced by the pope to be deprived of their estates , &c. yet reserving the right of the supreme lord. . all these allegations have been already unanswerably confuted by several learned writers of our nation : but because this last decree of a councel not so questioned , for as much as can be proved to have been decided in it , and because it is almost alone suggested to the tongues of some catholicks among us , as the principal pillar of that pretended article of faith , for the maintaining of which they are exhorted to forfeit their estates and lives , they are desired sadly to consider , . first , that this pretended decree of faith has been disclaimed by a world of unquestion'd catholicks ; and doctor bishop the last catholick bishop but one in england , has written a book purposely against it ; and no proof can be given , that it was ever received or executed by any catholick kingdome out of italy : the reasons whereof are , . because these decrees were never published by p. innocent , nor so much as a copy of them extant either in the body of councells , or the vatican library , or any where else , till a certain german three hundred years after , said that he found them in a manuscript , compiled he knowes not by whom , being indeed a meer collection made by some unknown person out of the decretals of his nephew gregory the ninth . . because by the testimony of all historians of those times , p. innocent the third suffred much in his reputation for having convoked such a multitude of prelates to no purpose . above sixty capitula were by the popes order recited in the assembly , and many of them pend in a stile as if they had been concluded ( for that was the popes expectation ) but nothing at all could be plainly decreed : they seemed indeed to some [ placabilia ] passable , to others onerosa , but no conciliary determinations were made except one or two , ( which was about the recovery of the holy land , and the subjection of the greek church to the roman ) by reason of a war then begun between them of pisa and genua , which called the pope from the councel . . again , though it were granted that this was a conciliary decree , it is far from looking like an article of faith , which ( saith bellarmine and canus ) may easily be discerned by the stile ; here is nothing proposed to be believed ; no anathema fulminated against those that are of a contrary sentiment ; no signification that the contrary is against the words or sence of scriptures . &c. at the best therefore it is a mere ecclesiastical ordinance touching external discipline and being such , what is more ordinary , and by custom permitted , then for princes to refuse the admittance of them ? we see at this day that the state and church of france do reject the decrees of reformation made in the councel of trent . this is known at rome and all christendom over ; and yet who dare impute heresy to them ? what confusion would follow , if all the ordinan●es of the councel of trent should be practised among catholicks here in england , as about clandestine mariages &c. . thirdly suppose this were granted to be an ordinan●e established , and admitted all christendom over , yet supreme , and independent princes not being expresly named in it , but rather excluded by the expressions of it , what can be more palpably injust , then without , and against their consent , to captivate them to such an ordinance ? moreover to demonstrate that they were purposely excepted , the emperour frederike not above five or six years after , published an edict to the very same intent , and in the very same language and titles , by which he intended to oblige only the feudatary princes and officers of the empire by oath to root out heresy : and yet after all , no example can be produced either in the empire , or other christian states that such an oath was in succeeding times imposed . this is the article of faith , for the maintaining of which it is by one party expected that all english catholicks should ruine both themselves and their religion . it is not so in catholick countries abroad : vve know that charles the fifth by a law of the empire publickly permitted lutherans in several provinces , and all the kings of france since henry the third , the calvinists through their kingdom , and yet the pope never so much as threatned , nor they feared a deposition . . and as for the doctrinal point of faith most shamelesly pretended to be involved in that or the like decrees , to wit , the popes power of deposing princes , what one catholick state , kingdom , republick or city can the preachers of it name where it is received , or permitted to the people to be taught , even as a probable opinion ? . it is well known that in france , in the year . a book written by suarez the jesuite , purposely against this oath , in which that deposing power was asserted , was by a decree of the parliament of paris condemned therefore to be burnt by the publick executioner , as containing propositions scandalous , seditious , tending to the eversion of states , and inducing subjects to practise against the lives and sacred persons of kings , &c. and moreover it was ordained , according to a former edict made a. d. . that a decree then made by the theological faculty for renewing a doctrinal censure of the same faculty , a. d. . against the like doctrine , and confirm'd by the councel of constance , should every year upon a certain day be read in the schools of the jesuites , and of the four mendicant orders . besides all this , the same parliament enjoyned the four principal jesuites in paris , armandus , cotton , fronto and sirmond to take order that their general at rome should renew a prohibition to any of the society to teach and publish the like doctrines , and themselves were commanded in their sermons to preach a contrary doctrine : all this under the penalty of being proceeded against as traytors . . the like fate had several other books written by eminent persons of the same order , as mariana , bellarmine , santarellus , &c. which maintained the popes temporal jurisdiction and power to deprive princes , and to absolve subjects from their obedience . and particularly upon occasion of santarellus his book , no less then eight universities in that kingdom , paris , valentia , tholouse , poictiers , bourdeaux , bourges , rheims and caen did of their own accord , not expecting any command from the court , in the year . brand the doctrine of the popes deposing power with the titles of impious , seditious , infamous to popes , ruinous to states , &c. . yea moreover within these six moneths a certain priest of the hermitage of caen , called fossart , a known emissary of that society , having in his publick acts for a degree in that university advanced this proposition , that the pope has a soveraign authority in temporals as well as spirituals , and that he has power to depose and constitute kings ; though to evade a censure , he interpreted his assertion , saying that he understood that power of the pope to extend only to tyrants : notwithstanding by a decree of the whole faculty of that university , both his proposition and exposition of it was censured to be impious , pernicious , seditious , and in all regards to be detested , and as such it was by them condemned . and the same fossart being after this imprisoned , was sentenced by the presidial court of justice in caen publickly and bare-headed to acknowledge that the said propositions were false , contrary to the holy decrees of councels , to the fundamental lawes of that kingdom , and to the liberties and rights of the gallican church . . such is the judgment of the ecclesiasticks and state of france of this article of faith , from which was issued rivers of blood during the ligue there . as zealous against the temporall power of popes , has the state of venice shewed it self : and if other catholick kingdomes have not done the like , it is because they have not had such dismal occasions and provocations to declare their minds . in spain indeed the schools are connived at , to preserve it from extinguishing , because by its assistance a great part of navarre has been annexed to that crown , and some hopes of england too gave it credit there . but yet when the court of rome would interpose in temporal matters there without the kings liking , he is as boldly resisted as in any other catholick kingdome besides . . and as for the church and state of england , i mean even in former times when catholick religion most flourished here , and when church-men had the greatest power , what sign can be shewed that the foresaid decree and the new article of faith was admitted either in parliaments or synods ? yea so far were they from acknowledging the popes deposing power , or supremacy in temporals , that statutes were then made , and the penalty no less then a praemunire against any that without the kings licence should make any appeals to rome : or submit to a legats jurisdiction ; or upon the popes summons go out of the kingdom ; or receive any mandats or briefs from rome ; or sue in a forrain realm for any thing , for which the kings courts took cognisance ; or for impeaching a judgment given in the kings courts ; or for purchasing bulls from rome for presentments to churches an●iently sued for in the kings courts , in the time of all his progenitors . and it is very observable that in the act , where the last ordinances were made , we find this expression , to this all the bishops present , and all the procuratours of the absent unanimously assented , protesting against the popes translating some bishops out of the realm , and from one bishoprick to another . and moreover the ground of their rejecting the popes usurpations in temporal matters is there thus expressed , for that the crown of england is free , and hath been free from earthly subjection at all times , being immediately subject to god in all things touching the regalities of the same , and not subject to the pope . . all these lawes and many other of the like kind , all the kings catholick subjects knew , and willingly submitted to , without any prejudice to their beliefe that the pope was the supreme pastour of gods church in spiritualibus . and all these lawes are still in force , and the penalty of them no less then a premuni●e . our de-fide-men are not much concern'd in all this : but sure persons of honour and loyalty , and such as have estates in the kingdom , are very deeply interested . . and now let any english catholick judge what reception such a decree or article of faith would have had in england in those most catholick times , if they had been proposed those that were so jealous of the least deminution of the kings temporal power in matters of the smallest consequence , and that imposed the greatest penalty but death upon transgressours , that is , upon all factours for the gaining to the court of rome any illegal temporal authority , with what indignation would they have heard only the mentioning of the reception of such a decree ? and yet those lawes were made not long after that councel had been assembled : whereby it is apparent that they were ignorant of it . those that would not suffer the least flower of this imperial crown to be ravished from it , would they admit a power and forraign jurisdiction to take the crown it self from the kings head , and afterward the head it self from his shoulders ? . it is true , the teaching of such an arti●le of faith brings very great temporal commodities to those few that have the cruelty to their country to become the preachers and apostles of it : great favour and power they gain thereby abroad , and therefore they will take it kindly at the hands of english catholicks , if for a mere secular advantage of theirs , they will be content to sacrifice their own estates , honours , families and lives , as traytors , to the law●s , and withall bring an unavoydable scandal to catholick religion , besides . but truly this is too dear a rate to be paid for such a commodity : . a man would think that such apostles should be content , yea and by their own doct●ine of probability should be obliged to grant this doctrine of the popes deposing power to be somewhat less then an article of faith. the opposition of the whole state & ecclesiasticks of france against their single forces surely may be available to make it pass at least for a probable opinion . but this they must not allow , because if it be not an article of faith , unless infidelity to princes be de fide , it signifies ju●t nothing , neither can it have any effect at all . for certainly no law nor justice wil permit that an authority only probable , and therefore questionable , can dispossess kings of their right to a supremacy in temporals , in which they are actually instated : so that such an authority can only have force to dispossess princes already dispossessed . . however they would esteem themselves much bound to any other learned catholicks among us , if they would condescend to grant that it is only probable that it is a point of faith and decree of a general councel . but in vain will they expect such a compliance . for by granting only so much , it will necessarily follow ? . that all the so rigorous censures given of it by the parliaments and vniversities of france have been most temerarious and damnable , for what can be more horrible then to call a doctrine impious , seditious , detestable , &c. which probably is a fundamental christian verity ? . that the preaching of that doctrine will be far more safe , yea only safe in conscience : because if it be probable that it is an article of faith , the teaching of the contrary may perhaps come to be heretical , which the teaching of it cannot be . . in vain therefore do they expect so easie a condescendence from others : and the more unreasonably , because themselves dare not justifie this their article of faith in the catholick kingdom of france to be so much as a probable opinion , no not in these times when they lately had a great cardinal a minister of state their confident , and a confessarius or manager of the kings conscience , their court-instrument : who is so much , too much a courtier , and ( as long as he lives in france ) too little a zelot for this their peculiar principle , as that he dares not so much as motion to his penitentan acceptation of that decree of lateran interpreted in their sence , but freely absolves him , and admits him to the communion without so much as confessing among his faults his dis-beliefe of this article , yea professing the contrary . nay more , they themselves whilst they are there , do not believe it : for if they did , they would not surely omit to attempt the conversion of french catholicks , at least , in articulo mortis , to this their fundamental point of faith ; but this they dare not , and care not to do , nor do they refuse to take mony for praying for their souls , as they did formerly in england to some that defended the oath of allegiance . . what charme then have they to make such a topical , uncatholick aricle of faith to serve only for the meridian of england , which of all the countries in christendome ought least to hear any mention of it ? they themselves in france are , or at least appear catholicks a la mode de france , and dare not so much as in a whisper say that this is a topical opinion , much less an article of faith : and yet the king there is of the popes own religion , and consequently not obnoxious to the danger of it . what stupidity then , what blindness do they presume to find among us english catholicks , that they should fancy that we do not evidently see that it is their own secular interest only that makes the same point of doctrine to be de fide in an island , and a pestilent errour in terra firma ? . in vain therefore do they hope that all catholicks which have not made them the depositaries of all their reason and common sence , will admit a position infinitely prejudicial to their religion , to their king , and to their own souls , which they would renounce in regard of their own single estates or persons . for suppose a bull of excommunication should be procured from rome against any catholick lord , gentleman , or farmer in england for some new heresie of jansenisme , or for denying their exemptions , &c. and that in consequence thereof , the pope by his temporal authority should lay a sine upon their heads , or deprive them of their titles and estates : would those lords or gentlemen quietly be content to be unlorded and become peasants , or would they pay their fines and resign their estates to such apostles ? if not , as most certainly they would not , with what conscience would they suffer themselves to be perswaded that the sacred person of their soveraign only is obnoxious to slavery , beggery and danger ? . though that party therefore be so tender-conscienced that they dare not , or so obnoxious to superiours abroad that they must not , according to the clause of this oath of allegiance , swear , that they do detest as impious that position of theirs , that princes excummunicated or deprived by the pope , may be deposed or murdred by their subjects : yet since english catholicks , yea even their own penitents will be both good catholicks , and therefore good subjects , as all are in france , germany , venice , flanders , &c. till an authentick approved , received decree of the church be produced , or procured to declare , not in england only , but all christendom over , that that position is de fide , they will not be deprived of their christian liberty to renounce it , especially being assured that without renouncing of it the state will never acknowledg them for loyal subjects . it is well known that in france there was an oath framed by the whole body of the fiers estate , in which they are to be sound farr more comprehensive expressions then are in our oath , for therein is expresly affirmed , that there is no power on earth , either spiritual or temporal that hath any right over his majesties kingdom to deprive the sacred persons of our kings , nor to to dispence with , or absolve their subjects from their loyalty and obedience whi●h they owe to them , for any cause or pretence whatsoever . . this will suffice concerning that position , which those who will not be permitted to renounce , but rather maintain it to article of faith , yet however will perhaps not refuse to profess themselves ready to swear . . that the kings of england excommunicated by the pope , may not be murthered by their subjects , and to detest the contrary as heretical . . yea moreover , that notwithstanding any sentence of deprivation ever hereafter , upon what occasion soever to ensue , they will bear faith and true allegiance to his majesty and his successours . and what needs princes desire any greater security ( say they ) what need they trouble themselves with their subjects speculative opinions ? . but ( alas ) a miserable security , a poor testimony or gage of fidelity is all this , god knowes . for first , murder being an unjust killing out of malice , and with a deliberate purpose , is a sin so horrible in it self , that god himself cannot make it lawfull , much lesse the pope : therefore in all reason instead of those words [ may not be murdred ] they ought to say [ may not be killed by their subjects ] for otherwise notwithstanding that oath the pope may be acknowledged to be a competent judge of life and death over our kings to sentence them to the slaughter , and that sentence may be put in execution without murther : for who ever said that a malefactour put to death by law was murthered by the judges sentence ? . but whether they say [ may not be murthered ] or [ may not be killed ] princes will esteem themselves little advantaged by such an oath , unlesse the swearers say withal [ may not be deposed . ] for whosoever has a supreme just right upon any pretence whatsoever to depose princes , has thereby right to cause them to be killed , in case they by armes oppose the execution of that sentence . and can it be imagined that any prince judged an heretick or otherwise guilty by the pope , and by him sentenced to be deposed will thereupon quietly descend out of his throne , and yield up his scepter to one of a contrary religion ? or rather , is it not most certain that they will not , but on the contrary bring with them many thousands of their armed subjects to resist the execution of such a sentence ; all which must together with them be killed or murthered before it can have its full effect ? . in the next place touching the offer made by the same persons , who without renouncing the position of the popes deposing power will however swear future allegiance to the king and his successours , notwithstanding any past or coming sentence of deprivation ; in what age do they hope to find in england a king that will be so simple , and so over good-natured as to believe them , or rely upon such a promise , especially considering what passed little above fifty years since ? is that oath to be believed which they that take it do know to be unlawful , and consequently to be ipso facto null and invalid , so that it must be repented of , and must not be kept ? for either they must swear that assoon as ever they shall have taken their rectifyed oath , the kings of england will have this particular priviledge annexed to their empire , that they shall never deserve ( let their religion or practises be what they will ) that the pope should exercise his just authority of deposing them ; that they alone will be out of danger to the worlds end of being denounced no-catholicks or rebells to the see apostolick : and this none can swear without the spirit of prophecy , which they will hardly perswade the state here to believe to be in them : or else , they will swear that though the pope never so justly and necessarily exercising his lawful authority should command the deposition of any of our kings , and absolve all their subjects from their allegiance , yet they against their duty , conscience and religion will disobey such his lawful authority , and continue in allegiance to him , to whom in such circumstances an article of their faith obliges them to believe that no allegiance is due , but rather utmost hostility . now who will believe such an oath as this ? or rather will they not be esteemed for such an oaths sake , resolved to be disloyal both to god and man ? after this manner argues the great master in the deposing doctrine , suarez , writing upon this very clause of this oath . . i would to god i could have delivered my conscience on this subject without danger of incensing or contristating any person . but in the present conjuncture of affairs , after so many years proof of the constant fidelity of catholicks to his majesty , it being necessary that the state should be assured that such fidelity proceeded from a principle of catholick religion unalterable ; to discourse upon such a subject with a complying softnesse and tendernesse to any party , that is , without a free , hearty , sincere and confident renouncing of a false principle of disloyalty maintained but by a very few , but imputed to , and punished in the general body of english catholicks , would have been to betray the cause of catholicks in general , and to justify the suspicion that protestants have formerly had against our religion . . there is another sort of loyal , well meaning catholicks , who have no scruple at all to renounce this pretended article of faith , nor to make any the most strict professions of their allegiance , but in this oath meet with some expressions and adventitious phrases nothing pertinent to the substance , which they out of tendernesse of conscience cannot swear to . for first , they seem to professe a declaration of a point of faith which a particular christian cannot presume to do again , they cannot say that position of the popes deposing power is heretical : any other ill names they will be content to give it , but they dare not swear it is heretical , because the contrary is not evidently in scripture , neither has it been condemned by the church . . for the former , protestants perhaps will account it a needlesse scrupulosity , since those which framed the oath never intended that any one that takes it should seem to make himself a judge and decider of a point of faith , but only to signify his acknowledgment touching it . besides ( say they ) this is the ordinary stile by which a profession is made abroad of the condemning and renouncing of any erroneous propositions , which are by parliaments and courts declared to be impious , seditious , &c. not that each doctour , or whole faculties take upon them an authority conciliary to propose doctrines to the church , but only to testify their judgment concerning them . . but the second difficulty will not so easily be cleared , which is the profession of detesting such a position as heretical ▪ because catholicks know that it cannot be called heretical according to the notion of that term universally received among them : and what notion protestants have of that word does not appear by any publick declaration of theirs ; how then can catholicks by oath protest a detestation of that position as heretical , since if they understand it in their own sence they should swear that which they know to be false : and if in any other unknown sence , they shall swear they know not what ? besides they should by oath testify , that all popes that have exercised , and all writers that have maintained such a deposing power , are to be esteemed hereticks , persons fit to be excluded from catholick communion . and what catholick alive will presume to say this ? ¶ . such is the case of afflicted catholicks touching these two oathes : their tendernesse about phrases hath hitherto been either interpreted , or at least treated as professed disloyalty . but their hope now at last is that his majesty according to his most gloriously element dispositon , and the whole state so miraculously renewed , will with a compassionate eye look upon , and read their most secret thoughts touching this matter . though their abilities and number be inconsiderable , yet justice even to a single person ought not to be esteemed so . they are not unwilling , nay they are desirous to be obliged to make protestations of their unalterable fidelity , obedience and peaceable submission to the state : and if none other besides themselves shall be esteemed to deserved to be obliged hereto by oathes , they are contended to endure such a mortification , and they beseech god that his majesty may never have just ground to suspect any others , for then they are sure that without any oaths at all he may be most secure . . if any oath of supremacy shall be still accounted necessary , they only beg that they may not seem to renounce the supreme spiritual jurisdiction of him whom they acknowledge for the head of gods church : or at least that for refusing to renounce this , and suffering for such a refusal , they may be acknowledged to suffer purely for their religion , without the least imputation of disloyalty to his majesty , which they will never be guilty of , whether they swear against it , or no. . that which they deprecate in the oath of allegiance is that which god himself requires , that it may not be ambiguous , dificult to be interpreted , nor charged with expressions which if they were absent would not prejudice the substance and intention of the oath : and being present do render the whole ineffectual . they are assured that the first framer of this oath , k. james never intended to intangle the consciences of his subjects , and if he had foreseen that a few unnecessary words would have rendred them uncapable to serve him , he would never have made choice of such unhappy expressions . but so long experience having demonstrated what it is that wounds the consciences of catholicks , they confidently hope that this tendernesse will shew how infinitely more tender they will be to keep the fidelity promised in the oath , since they have kept it when they were treated as breakers of it , only for , i cannot say , not daring to professe it , for that have alwayes been ready to do : but for not dareing to say things unnecessary to be said , or that they understand not or are not permitted to explicate their meaning . . never certainly was there a time when it was either more seasonable or more necessary to obstruct all passages of jealousies amongst english subjects , and to prevent all attempts of disturbing the kingdomes peace . as for other sects , the state will ( it is hoped and prayed for ) be assisted by a divine wisdom , to provide against the particular tempers of each : and as for roman catholicks no other expedient will be necessary but to afford them means to shew abroad that fidelity which their religion indispensably obliges them to . this indeed will be a great affliction to other sects among us , who would rather forgive catholicks for being real traytours , then for manifesting themselves in the eyes and to the satisfaction of all to be good subjects . . certainly that old policy of queen elizabeths calvinistical statesmen is now very unseasonable , and was alwaies dangerous , of first fomenting divisions among catholick subjects , especially about principles of loyalty and disloyal●y , and then exposing both the loyal and disloyal subjects indifferently to the same rigour of lawes . surely it is of greater concernment now for his majesties security to unite all catholicks with one heart to assist and defend him by casting out all principles of disloyalty inconsistent both with catholick and protestant religion . . now what more efficacious mean , or rather what other mean is there for this then that which his majesty may if he please conferr upon them by allowing such an ecclesiastical government among them by which there will be produced a true christian unity and uniformity both in opinions and practises , and consequently by which without giving the least jealousy , but on the contrary very great security to the state , they may all be united to concurr in promoting his service ? . now to what special parties both within and without the continuation of a defect so projudicial is to be imputed , is but too well known . it is not to be doubted but that the forementioned party will make use of all their skill and power to oppose all good correspondence among them , upon more then one motive . for . a strong affection which they have to independence , and to a promoting of their particular interests dividedly from all others ( by which means they have got great power abroad , little for the publick good of this kingdom ) this will make a common union very unwellcome to them . . and again they will easily foresee that by this only means those wicked principles of disloyalty which made them heretofore eminent abroad , must necessarily then be renounced . they will no longer be looked upon as the only apostles of a forraign temporal power , either direct , or ( which is as bad ) indirect ; the enormous writings and worse practices of their forefathers , which only procured the continuation of the oath of supremacy , and the framing of that of allegiance together with the sharp lawes , not against them alone , must be condemned to the same fate that they have suffered in other kingdomes : and lastly an advantage of corrupting good english natures with maximes of morality odious to all christenstom , and condemned by supream authority will be taken from them . . these cannot chuse but prove unto such dispositions very great mortifications , and as great as any of these , would be the framing of oaths which all good catholicks could securely take . for it is well known that they have been publickly told that it is for their advantage only that such oaths are imposed here as cannot generally be taken , and that worse newes cannot come to their brethren abroad , then that such oaths were taken away from catholicks : because they have a strong apprehension that themselves having been the sole clauses of those rigours against the whole body of english catholicks , shall have but a small portion in any future indulgence without an explicite , satisfactory renunciation of their principles , and an assurance given to teach the contrary , as they were obliged by an arrest of the parliament of paris , a. d. . . and that this was no suspicion groundlesly taken or invented , there was produced a well known verified story hapning toward the latter end of queen elizabeths raign : for that queen being at last satisfied of the loyalty of certain catholick priests , had a purpose to shew some indulgence and qualification of the lawes to them . hereupon certain of their brethren went to rome to carry such good newes thither , whither being come they were by that party branded with the names of schismaticks , spies and rebels to the see apostolick : and moreover there was by one of the party [ t.f. ] compiled a treatise in italian to advise his holyness , that it was not good or profitable to the catholick cause that any liberty or toleration should be granted by the s●ate of england to catholicks . and why not good for the catholick cause ? because not for their own interest : for having been persons never formerly admitted by publick authority into this kingdom , and having given sad proofs of their temper , they did not without reason suspect that if only good loyal catholick subjects were tolerated , their so dangerous , and to themselves only advantageous principles must be abandoned . . it is not therefore to be expected , but that a charitable concurrence of several ecclesiastical pastours here would be to them very unwellcome . but the commodities and benedictions flowing there-from are unexpressible . for . though perhaps by a hindrance thereby given to that parties divided way of agitation here , the number of catholicks among us might come to be diminished ; yet then there would be none but good , charitable and obedient catholicks in england , free from all intelligence or designs abroad . . matters of discipline and spiritual government would not be only and immediatly ordered by a court too far distant from us , and too much suspected by the state here . . english catholicks would be freed from a burden , ( and the king from jealousies ) to which no other in the world are obnoxious . for in france , &c. none dare under utmost penalties execute orders or publish mandats without express allowance from the state , though such briefs touched only spiritual matters . whereas in england whensoever any such briefs are published at rome , although upon information of one interessed party , there being no setled correspondence of pastours to whom they ought in common to be directed , & by them communicated to their respective flocks , not only the consciences of particular catholicks are disquieted , whilst some of their directours press the validity of them , & others reclaim : but the state also , not causelesly , entertains jealousies , & suspicious of secret practises , not being at all , or not sufficiently informed . all which inconveniences by such a government would be easily avoyded . . lastly by this means catholicks would be enabled to receive from his majesty any orders that may be for his service , and effectually put them in execution . . it is well known what important advantage the prince of orange , and the states of holland received from the catholick bishop there , during the seditions between the arminians and calvinists : the prince doubting the success of those contentions , to strengthen his party , sent two or three persons of condition to the bishop usually residing at amsterdam , to propose to him these two demands : fi●st , to whether of the two factions the catholicks had an inclination to adhere : next , what assistance of forces they were able to bring . the bishop being then absent , they were to this effect answered by his vicarius in spiritualibus : as to the first , that without studying or consulting with his brethren he could immediately assure his excellency , that he being the prime person trusted by the states with all their forces , the religion and consciences of all catholicks obliged them to offer their estates and lives for his service and assistance . but that he could not give an answer to the second demand , till two sundayes were passed , in the one of which he was to publish orders for enquiry into their numbers , and in the other to receive information . and in effect accordingly after the second sunday he gave them assurance of the readiness of above ten thousand well appointed soldiers out of that one city . this hapned in holland , where catholicks though proportionably far exceeding us here in numbers , yet never gave any jealousies to the state , and the less because of their good correspondence among themselves . . such and many other great commodities fl●wing from such a government , it is no wonder that besides the formentioned party , there should be found out of the church also many that have , and no doubt will endeavour to oppose it , especially their embitterd enemies the presbyterians , partly out of the hatred which they bear to the very name of lawfull pastours , which they want , and will not have : but principally least catholicks thereby should be in a better capacity to serve his sacred majesty , and his faithfull subjects after a manner that they do not desire ; and this not only by sacrificing their estates and persons to the maintaining of his power and safety , but also by gaining to himself and the state , both civil and ecclesiastical here a great affection and readiness of an assistance from catholick kingdomes , when it shall appear that in england the scandal of disloyalty which heretofore was cast upon catholick religion in general , shall be taken away . . these things considered , and moreover that the presbyterians , &c. ( implacable adversaries to prot●stant religion and government , as well as catholick ) have great intelligence and correspondence abroad upon that account , and for the mere interest of their religion , which protestants hitherto are utterly destitute of ; it would be strange if there should still remain any one among them , after so long experience of the ready concurrence of catholicks with them in adhering to his majesty , and suffering with them for him , who should not now at last have spent all their aversion from them , no●e being more interested then they to make use of all lawful means to enable his majesty , now more then ever to oppose all future practices . . it hath been an objection formerly against this , that the prom●ses made by catholick ecclesiasticks of canonical obedien●e to their supreme pastour in their ordinations are dangerous to the state. but alas how groundless is such a fear ? for ( this ground being once laid and assented to , that no forraign power whatsoever hath any right to dispose of temporals in these kingdomes ) what shew of prejudice to any mans loyalty is the promise of canonical obedience in mere spiritual matters ? do not all ministers in england owe and promise canonical obedience to their bishops , and presbyterians to their consistories , which yet in merè spiritualibus , they will not allow to be subject to the king , but only and immediately to our lord ? besides , all manner of such submissions and obligations are every where meant and understood , and if need be , may be expressed with a salvâ obedientiâ regi debitâ . what apprehension have the kings of france , spain , or the state of venice from such promises ? and yet were ever any princes more scrupulous in defending their temporal superiority and authority against the power by some flatterers ascribed to the pope , then the king of france and the state of venice are ? nay they would not be so secure of their pastours loyalty , if they should suspect them to be regardless of their duty to the church , which indispensably obliges them to loyalty . sect . x. of his majesties declaration for liberty of tender consciences . and who they are that have the justest pretentions to the benefit of it . . by what hath been hitherto said it is apparent , that the words , phrases and formes of these oathes are at least ambiguous : and that by such ambiguity no manner of convenience , not the least addition of security accrews unto his sacred majesty or the state &c. but on the otherside infinite prejudice to his afflicted subjects : what then can be more just , more for gods honour , more becoming the benignity of his majesty , and more for the reputation of the kingdom then that such ambiguous expressions ( suggested no doubt by some particular malignant spirits ) should be cleared or taken away : and that oathes should be conceived in such a form that they may be taken uniformly , sincerely and cordially by all good subjects , and must be refused by all ill subjects ; and withal that our princes safety and the peace of the kingdom may be provided for , by them ? . besides the ambiguity , there seems now to be another motive , more pressing , though none can be more weighty to perswade a change in the formes of the oathes , and that is this . when the oathes were made the intention of the state was to have one only religion openly permitted in the kingdom : and then the catholick was that which appeared opposite to it , as having been formerly the only religion of the kingdom : and for this reason consequently the oathes were framed either upon a jealousy of a doubtful title , or at least against some special point about the popes authority , which one party among catholicks falsely pretended to be essential to their religion , & in consequence thereto gave too just cause to th● state to provide against them . . but of late the temper of the kingdom is strangely altered . god only knowes how many new religions are star●ed up , the natural issues of the more antient presbyterian private spirit : all which perhaps think themselves little or nothing concerned in oathes made against roman catholicks , and therefore will not much stand upon the taking of them : by which means they , notwithstanding their known principles and practises , destructive both to allegiance and peace , wlll passe for good subjects , without any obligation to renounce such principles , or change such practises : and only roman catholicks will keep the oathes , though they dare not take them : by which means being yet more odious to such sects for keeping the oathes then they would have been if they had broke them , the only revenge that the others have against them , is to force them to take them . so that between them all the security of his sacred majesty , which was only intended by the oathes , is not in the least measure provided for . yea i may , i hope , be permitted to say , that his majesty thinks himself secure of those that do not take the oathes , and stands in great need of securing himself from too many that freely take them , and swear to be loyal to him . what then can be imagined more necessary for a cure to so great a confusion , then to change such inefficacious instruments of loyalty ? . but moreover since it is not to be doubted but that his majesty will not be unmindful of his promise so publickly made of a liberty for tender consciences , and that none shall be called in question for differences of opinion in matter of religion , which do not disturb the peace of the kingdom : those certainly will declare themselves most unworthy of the fruit of so unexampled a beingnity , that shall either expect from such a promise a liberty to reserve any ill principles of disloyalty , or that shall exclude from the benefit of it any other of his subjects that shall submit themselves to all possible proofs of renouncing such principles , and that have hitherto without any oathes taken , constantly adhered to him . . as his majesty therefore has been pleased to take notice that among his subjects of a different belief there are tender consciences , and has promised to have a merciful regard to them : so it is most just and necessary that his subjects likewise should allow his majesty to have a tender conscience too , to which also they must have regard . now wherein can he ( or any in authority under him ) more truly and perfectly shew that he has a tender conscience with regard to his subjects , then by using his authority to root out all ill principles that disturbe peace , or dispose to sedition and rebellion ? for this end especially princes were ordained by god : so that if they do otherwise , they should resist the ordinance of god , and become far worse then tyrants to their people . those subjects therefore that would expect or desire that the maintaining any principles of disloyalty should be esteemed a proof that they have tender consciences , do consequently expect that the king should give them leave , whensoever they have a grudge in conscience thereto , to depose him , and to put the whole kingdom into confusion . . and now , till his majesty shall vouchsafe to interpret his promise more distinctly , let any indifferent person judge , who they are among so many different beliefs that ought to be esteemed to have tender consciences , and to hold opinions which do not disturb the peace of the kingdom : whether they that have and ever will be ready to give all possible proofes of loyalty both by words and deeds , so that the words by which they professe this may not prejudice their relig●on in a point of mere internal belief which has not any influence upon their loyalty : and who if they cannot otherwise then by betraying their faith be accepted and treated as loyal , will protest themselves bound in conscience and by their religion never to disturb the peace of the kingdom , but patiently to suffer as if they did disturb it ; or those which make no conscience to swear according to a forme that requires loyalty , though they know that such a form in the proper sence of the words cannot consist with their belief ; and when they have done , make lesse conscience of violating that duty which they know the law requires , and which ought to have been performed though they had never sworn it . surely unlesse passion alone be judge , unlesse that be to be called a tender conscience which is none at all : and unless the title of disturbers of the peace of the kindom , be appropriated to those only that trouble no body , and wrongfully imputed to those only who are irreconcileable to all that love and promote peace and loyalty , both protestants and catholicks , there will be no errour in making a iudgment . . it is not out of any design to please men , but only because god and religion require it , that roman catholicks acknowledg his majesty to be our supreme governour over all persons , and in all causes , as far as kin●ly power can be exercised in them : and by gods grace it is not any fear of man that shall hinder them from professing that they acknowledg the pope to be the supreme spiritual pastour of souls , not only not subject to kingly civill authority therein , but in his line above it , as all spiritual jurisdiction of the church is , ( by the testimony of dr. carleton in his admonition to the reader . ) it is purely from the fear of god that they deny unto the king a spiritual jurisdiction , and to the pope a temporal . flattery , disrespect or malignity have not the least influence on either of these professions : if they should ascribe to the king a pastoral authority in spiritual matters , or to any spiritual pastours a lordly dominion over the persons or lives of other mens subjects , and much more over kings themselves , they should give to caesar the things which are gods , and to god spiritually ruling in his vicar , the things which belong to caesar : they should herein wrong both the pope and the king too , and by mixing or doubling either of their powers , destroy both . as for their duty to kings , they hear our lord saying , the kings of the nations bear a lordly dominion , but nor so yee ( my apostles : ) i have not given to you any such authority : yea they find our lord refusing to be a king , or so much as a judge in temporal matters , but not refusing to pay tribute , nor to acknowledg pilate to have power from heaven over him . they hear the first vicar of our lord st. peter commanding with an authority greater then ex cathedrâ , be subject to every humane creature , to the king as precelling all others , &c. again , as touching spiritual pastours , they hear st. paul say , the weapons of our warfare are not carnal , but spiritual . they are not carnal , not externally coactive by attachments , imprisonments , banishments , executions , &c. but far more powerful as being spiritual , binding and imprisoning in invisible chains , banishing from the communion of saints , delivering up to satan , &c. it is a zeal to this jurisdiction a jurisdiction greater then any that the angels injoy , that forbids catholicks to enervate it by adjoyning thereto , with an opinion of making it stronger , a carnal authority ; as knowing that popes were never so powerful over m●ns souls , as when they despised worldly advantages . by hearkning to flattering ca●●nists or schoolmen who invested them with temporal power , popes never gained any so much as temporal commodity to themselves , but infinitely prejudiced their spiritual ; being often looked upon by princes not as fathers , but as , &c. so that the parliament of paris in their censure did very justly say , that such doctrines rendred the dignity of the pope odious . . this is that which catholicks have been taught by gods word , by tradition , by counsels , &c. this they are ready with or without oathes to professe , and which , god willing , neither oathes nor lawes , nor humane power shall force them to d●ny . if this renders them obnoxious to the penalties of lawes as ill subjects , yet it cannot make them ill subjects ; if this renders them disloyal subjects , there is not a loyal subject in france , germany , &c. if humane tribunals condemn them , god will in his time acquit them . . in a word , to demonstrate how little they deserve the imputation of being not most perfectly good subjects , roman catholicks are ready to subscribe to such a profession and oath of loyalty , as whosoever takes it will give all the security of fidelity that honour , conscience , religion and the hope of eternal happinesse , or fear of eternal damnation can lay upon a soul , that is , by oath to protest not only an indispensable obedience and non-resistance in all things to his majesty and his successours of what religion soever they be , but also a firm perswasion or belief that it is absolutely unlawful upon any pretence or motive whatsoever , either of ascribing to any other an undue power , or even of defending religion , for subjects actively and with armes or violence to oppose his majesty . by the same oath they will oblige themselves to discover all secret plots or conspiracies against his majesty or the state. this oath they will promise to keep inviolably ; from the obligation of whi●h no commands or perswasions of any person whatsover , spiritual or temporal , no private interpretations of gods word , no supposals of divine inspirations shall or ought to free them . and lastly , both in this and all other promises they will sincerely professe a detestation of the abominable doctrine of mental reservation , and of the lawfulness of breaking faith given to hereticks . . if this will not serve to approve the loyalty of roman catholicks ; if there be no possibility of conjuring down the furious calvinistical spi●it among us , but that it must be suffered both in protestant churches to preach down prelacy and ecclesiastical government , and in the state to embitter lawes for their own advantage only , & to the prejudice both of protestants and all other good subjects : what will become of the reputation of the english nation in forreign countries ? it is too well known how strangely we are fallen of late in esteem abroad ; the dismal effects produced in this kingdom by that ill spirit , have been , though unjustly , imputed to the whole kingdom : english men have been looked upon as enemies both to god and their kings , as persons ready to admit any frenzies in religion , & the horriblest cruelties against their princes . . but blessed be god , his divine providence hath wrought miracles to restore our reputation again , which was almost forfeited . all the world almost is now satisfied that the generality of englishmen are the best subjects in the world to the best of princes ; and therefore it is to be hoped that the presbyterian spirit will not , now that it is so well known , be permitted to have that influence as to imprint again upon us this peculiar character , that england is the only nation in which pure religion is most pretended to , and the way to make that challenge good is ( by the malignity of one faction ) to make the most sacred bonds of religion snares and engins of unlawful passions : where a just and peaceable government is designed , and the way to it is by unlawful , however legal , means to make peace impossible : where oathes are framed against disloyalty , which are ruinous only to good subjects , and advantageous to the disloyal : where loyalty and duty are only excluded from rewards , or even indemnity : where lawes are made against crimes , and the penalties of those lawes are insupportable only to those that are free , and are known ever to have been free from any suspition of such crimes , and are commodities and rewards only to the nocent : where persons of approved fidelity are condemned as traytors , and both jurors , witnesses & judges for the most part are presbyterians , very incompetent and unindifferent parties in such matters , and especially against such accused persons : lastly where the only proof of tenderness of conscience is to sear their consciences ; and of no intention to disturb the publick peace , is to take oathes with an intention , yea an obligation in conscience to break them ; and openly to profess both by words and known practises that peace shall never be setled till the whole frame of the kingdom , both for religion and government , shall be first broken in pieces , and then new moulded for their own only advantage . and after all this , if rebellion and desolation follow , we will wonder ( forsooth ) what demerit god can find in us to punish , and how it could be possiblé that a desolation should happen in a kingdom , where piety , justice , and his sacred majesties safety have been so well provided for . . if among all religions and sects now swarming in this kingdom , there shall yet be any english protestants that are still implacable against catholicks only , it will be more suitable to english dispositions which heretofore have been above all other nations esteemed frank and sincere , to discover their intentions clearly : let them therefore say , we will only destroy that religion which all our forefathers professed ; which through all christendom abounds most with learning , civility and loyalty ; which gave to protestancy our baptisme , bishops , churches , estates , and whatsoever affords us an advantageous appearance above all other sects ; the professours of which only will assist us in the maintaining our priviledges against sacriledge and professed prophaness ; which will indispensably concur with us in preserving his majesties person and prerogatives from the attempts and usurpations of all others ; these are the only persons we will destroy : and because a publick promise is made of liberty to tender consciences , we will annul or interpret it so , as that only those shall have no right to it that dare not swear an ambiguous oath , but with all dare less think it lawfull to neglect that duty which is intended by the oath : those only shall be excluded from the protection of lawes , or banished , or made the victimes of publick rigour : but as for all other sects , the names and number of which we do not know , or if we know many of their names , we scarce know how blasphemous and dangerous are their secret tenents , only we know that they are haters of antiquity , and learning ; united in designes of destroying our religion , our estates and government ; and what care they are likely to have of his majesties safety and dignity , hath been shewed these last twenty years : these are the only persons esteemed by us to have tender consciences , because they are bound to disturb peace , to cry down bishops , to gather hands against lawes , &c. if any protestants will make this profession , they will at least deal ingenuously ; whether conscionably and prudently , or no , they must be judges . . to conclude , if it be necessary ( as doubtless it is ) that oaths should provide against ill principles , and consequently that the present oaths should be interpreted or changed , then is the proper season to separate the guilty from the innocent : for he that justifies the wicked , and condemnes the just , both of them are an abomination to our lord. then is the proper time to have regard equally both to loyalty and tender consciences joyntly together : and an effectual mean to discover who are such tender consciences as his majesty intends liberty to , would be to require from all parties a distinct and sincere explanation in what sence and how far they acknowledge his majesty to be supreme , in all both temporal and ecclesiastical matters . after which , the state will easily find out who are the tender consciences that are most tender both of their duty to god and of his majesties safety , and who are they from whom it will behove him to stand most upon his guards . finis . notes, typically marginal, from the original text notes for div a -e declaration from breda , april . . . . notes for div a -e an. . eliz cap. . an . jac cap. . notes for div a -e stat. . hen. . records of convocation . vit . heylins hist. sect . . p. . stat. . hen. . pref . stat. . hen. . pref . c. . stat. . hen. . c. . stat. . hen. . c. . stat. . hen. . c. vid. reform leg. eccles. de offic jud. stat . h. c. . stat , , & . ed. ibid. m s in bibl. col. calvin on amos cap. . vid epist. ded . to the book of jurisdiction of bishop carlton . l. chancellour heaths speech , m.s. notes for div a -e dr bilson of subject . par . p. . id ibid p. . ibid p in marg . ibid p : ibid p. carleton of jurisdict . c. . p. , . id. ibid. pag. . schisme guarded . id. ib. pag. . id. ib. p. . stat. ▪ elizab . admonit . of q eliz. to ●er injunctions . ibid. ibid. act. , eliz . c. . admonit . o● q eliz . stat. . eliz . artic. . praemon of k. james to all chr. monarks pag. . ibid. k. james premon . ibid. ibid. ibid. pag. . stat. . hen. . cap. . notes for div a -e confes. des eglises de france . . ult . notes for div a -e q r. ob. ob. sol. ob. schisme guarded . joan. c. . ob. ob. sol. k. james defence of the oath . defence of the oath . tort. tort . pag. . notes for div a -e m. paris , nauclerus , a.d. . godf. monachus . platinain innoc. . . bel. l. . de . r. pont. cap. . canus . l. . q. . stat. . edw. . stat. . rich. . ibid. ibid. widdring . last rejoynder . p. . suar. defens . fid. lib. . c. . widdr. against fitzharb . in the pref . p. . ob. sol. a declaration published by sir thomas middleton, knight, serjeant-major-generall, and vice-admirall for the sixe counties of north-wales setting forth the illegallity and incongruity of a pernicious oath and protestation, imposed upon many peaceable subjects within the said counties (who to avoid plundering or imprisonment) were inforced to take the same : whereby the imposers of the said oath endeavour under the paine of perjury, to make the people to renounce their owne just liberties, and the benefit and protection of the knowne lawes, and to submit to a tyranicall, arbitrary, and slavish government, excerised by the commissioners of array : and likewise, setting forth the use and intentions of the forces raised for the service of the king and parliament, under the command of the said sir thomas middleton the benefit that the country shall receive by their protection, and what they are to expect that contemne their power. middleton, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration published by sir thomas middleton, knight, serjeant-major-generall, and vice-admirall for the sixe counties of north-wales setting forth the illegallity and incongruity of a pernicious oath and protestation, imposed upon many peaceable subjects within the said counties (who to avoid plundering or imprisonment) were inforced to take the same : whereby the imposers of the said oath endeavour under the paine of perjury, to make the people to renounce their owne just liberties, and the benefit and protection of the knowne lawes, and to submit to a tyranicall, arbitrary, and slavish government, excerised by the commissioners of array : and likewise, setting forth the use and intentions of the forces raised for the service of the king and parliament, under the command of the said sir thomas middleton the benefit that the country shall receive by their protection, and what they are to expect that contemne their power. middleton, thomas, sir, - . [ ], p. printed for jo. thomas, london : . reproduction of original in huntington library. eng oaths -- wales. commissions of array -- england. great britain -- history -- civil war, - . a r (wing m ). civilwar no a declaration pvblished by sir thomas middleton knight, serjeant-major-generall, and vice-admirall for the sixe counties of north-wales. set middleton, thomas, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration pvblished by sir thomas middleton knight , serjeant-major-generall , and vice-admirall for the sixe counties of north-wales . setting forth the illegallity and inc●●●ruity of a pernicious oath and protestation , imposed upon 〈◊〉 peaceable subjects within the said counties ( who to avoid ●●ndering or imprisonment ) were inforced to take the same , whereby the imposers of the said oath endeavour under paine of perjury , to make the people to renounce their owne just liberties , and the benefit and protection of the knowne lawes , and to sub●it to a tyranicall , arbitrary , and slavish government , exercised by the commissioners of array . and likewise , setting forth the use and intentions of the forces raised for the service of the king and parliament , under the command of the said sir thomas middleton , the benefit that the country shall receive by their protection : and what they are to expect that contemne their power . london , printed for io. thomas , . a declaration published by sir thomas middleton knight , serjeant-major-generall , and vice-admirall for the six counties of north-wales . vvhereas according to an act of councell of war holden at salop the two and twentieth of july , . a certain oath and protestation contrived by the said councell , is published in print , and imposed upon many of his majesties peaceable subjects within the severall counties of north-wales , worcester and salop ; the tenour whereof followeth in these wordes : viz. i a. b. doe from my heart , without any equivocation , or mentall reservation , vow , protest , and sweare in the presence of almighty god , that i will to the utmost of my power maintaine and defend the true protestant religion established in the church of england , the kings majesties sacred person , his heires and lawfull successours , his majesties just power and prerogative , and the just priviledges of parliament : and that i doe beleeve that the forces raised by order of either , or both houses of parliament , under the conduct of the earle of essex , sir william brereton , sir tho. middleton , or any other person or persons , pretending authority from either , or both the said houses , or from the said earle of essex , or from any other whatsoever without his majesties command , and against his consent , are traiterously and rebelliously raised against his majesty , and his loyall subjects , and the knowne lawes of this kingdome . and that i shall endeavour with the hazard of my life and fortune , not only to oppose and resist the said earle of essex , sir william brereton , sir thomas middleton , their forces and adherents , and all other person or persons whomsoever that pretend or derive authority from either , or both houses , or from the said earle of essex , or from any other person or persons without his majesties commander consent , but also shall and will as far as i am able , aid , and assist the kings majesty , and his forces against the said earle of essex , sir william brereton , sir thomas middleton , their forces and adherents , and against all other traytors and rebels now in arms against his majesty and his loyall subjects , and the peace and lawes of this kingdome . and i doe vow , protest and sweare in the presence of almighty god , that i have not , nor at any time hereafter will take or shall conceale the name or names of any person or persons which i now know , or hereafter shall discover to have taken that detestable declaration , vow , or covenant , lately published and imposed upon his majesties subjects by authority of one or both houses of parliament , setting forth , and as much as in them lyeth , justifying the forces raised and continued by both houses of parliament against the forces raised by the kings majesty , without the consent of the said houses ; and whereby his majesties subjects by and under the tye and obligation of the said vow and covenant ; doe declare , vow and covenant before almighty god to give assistance to the said forces so raised without his majesties consent , and doe by the said declaration vow , declare , and covenant , not to assist the forces raised by his majesty . and lastly , i will not directly nor indirectly divulge nor communicate , nor consent that any other shall divulge or communicate to the said earle of essex , sir william brereton , sir thomas middleton , or any other forces or adherents , any thing or matter that may hinder or prejudice his majesty or any of his forces in his courses or designes , or otherwise further or advance the said earle of essex , sir william brereton , sir thomas middleton , or any of them , or any of their adherents , in their treasonable wayes or designes , as god shall help me , and the contents of this booke . at a councell of war holden at salop. present , the parties here undernamed . it is ordered that this protestation be forthwith printed , and to be sent to the justices of peace of the nine counties under the lord capels command , and the franchises thereof , and to the commissioners of array to be taken by them , and to be by them commended to the rurall deanes to be by them sent to the clergy , and by them to be taken , and by them to be tendred to all parishioners of the age of sixteen yeares and upwards , and to take the names of all who shall take the same , and of them who refuse , to be severally and distinctly returned of the justices of peace , and commissioners of array , and by them to be returned to the lord lieutenant generall , arthur capel . francis otley . thomas hanmer . paul harris . john weld . thomas powel . john mennes . thomas scriven . michael woodhouse , roger owen . arthur trevor . dudley wyett . rowland vaughan ; vvhich oath is not only contrary to the known lawes of this realm and liberties of the subjects , but also contrary to it selfe in the whole substance thereof , laying an impossibility upon the takers thereof , of performing the same , as may appeare by these ensuing observations . first , they swear to defend and maintain the true protestant religion to the utmost of their power , and they swear to aid and assist his majesties forces ( consisting of all the english papists , and many irish rebells ) against the parliaments forces , who consist all of protestants , and are meerly raised for the defence of the protestant religion , and to suppresse those papists and their adherents , who endeavour to destroy the same in this , and the kingdome of ireland , and are the most opposite enemies thereto of any people that professe christianity . secondly , they sweare to maintain his majesties just power and prerogatives : and they sweare to oppose all persons that derive any authority from both houses of parliament , without his majesties command or consent : if the contrivers of the oath doe meane his majesties royall and regall command or consent , the houses of parliament have that to warrant all their actions and proceedings , as well as all other courts of justice have , where his majesties name and command is alwayes used of course , as a branch of the kingly office inseparably annexed to the power and jurisdiction of every court , as appeares by all ordinary processe , and to say that any court wants that , is to deny that court a being : but if it be meant his personall command or consent ( or rather the will of some prevalent popishly affected persons wresting from him commands contrary to the resolutions of his parliament ) such commands are inconsistent with , and destructive to his regall office , and consequently contrary to his just power and prerogatives , because it opposeth his royall commands ( signified by the highest court of iustice ) wherein his majesties regall power and sovereigne authority doth alwayes reside . thirdly , they sweare to maintaine the just priviledges of parliament , and they sweare to assist the papists now in arms in his majesties army , contrary to severall acts of parliament , it being the highest breach of the priviledges of parliament to have their acts contemptuously violated ( the court sitting ) in meere opposition to their power . so that whosoever takes that oath , with an intent to keep the same , must beleeve : first , that the english and irish papists ( who are in armes and have places of eminent command in his majesties army , and have within lesse then two years time almost quite destroyed the protestants and their religion in the kingdome of ireland ) do now fight for , and endeavour to maintaine the true protestant religion . secondly , they must beleeve , that such personall commands are wrested from his majesty by private favourites , are to be actually obeyed before and against his royall commands and regall authority signified by his courts of justice : and that his majesties just power and prerogatives are not resident in his courts , but in the breasts of his favourites . thirdly , they must beleeve , that to set in open defiance severall acts of parliament made against papists bearing of arms ( the parliament sitting ) in contempt of their authority , is no breach of the priviledges of parliament . and lastly , they must sweare , that they doe beleeve , that all the members of both houses of parliament , ( for endeavouring to put those lawes in execution , and to preserve themselves and the kingdome from the power of the popish armies ) are traitors . for if the forces raised by them for that purpose , are traiterously raised , it followes , that they that raised them are traitors . by which oath and protestation , the said councell of war doe purposely decline to make the people sweare to maintaine the knowne laws , and their own just liberties ; and do endeavour to engage them upon paine of perjury , to renounce their liberties , and the benefit and protection of the known laws , and to subject themselves to such a condition of slavery as the unlimited and arbitrary wills of the commissioners of array would put them into , who have already so farre exercised their illegall power over them , that the whole country doe groane under the burthen of their grievances , as the many heavy and cruell taxations , the imprisoning of mens persons , the pressing of men for the wars without authority of parliament , and the countenancing of robberies under a new name of plundering . the consideration of which grievances and pressures , and the ill consequences of the said oath , if not timely prevented , have occasioned this ensuing declaration to undeceive the people . first , that the said oath is unjust , deceitfull , and impossible to be performed , and the people enforced to take the same for feare of plundering or imprisonment : so it bindes not the conscience of any man to keep it ; but on the contrary , he that endeavours to keep an unjust oath , persisteth in sin . secondly , that the forces raised by authority of parliament , under the command of sir thomas middleton knight , are neither traiterously not rebelliously raised , but have his majesties royall authority for their warrant . thirdly , that the said forces are raised for the preservation of the true protestant religion , his majesties person , just power and prerogative , the just priviledges of parliament , the just liberties of the subject , and the knowne laws of this kingdome ; against those armies of papists and delinquents within this kingdome , who ( pretending his majesties personall commands , as the rebels in ireland doe , to countenance their rebellion ) endeavour to destroy the very constitution and being of parliaments , and therein his majesties royall authority and the laws of the realme , to the end they might avoid the justice of that supream court . and are particularly raised to free that country from the cruell oppression of those persons , who thought that ruine would not come swift enough into their coasts , except they did petition and ride far to usher in the same : those persons , who ( to compasse to themselves some titles of dignities ) would let the kingdome see , into what measure of servitude and bondage they can bring the common people into , by their new acquired power of the commission of array . fourthly , that all those persons inhabiting within any of the counties of north-wales , who have been misled , or enforced by the commissioners of array , to raise armes or pay money towards the maintenance of this unnaturall war against the parliament , and shall forthwith come in and tender themselves to the said sir thomas middleton , and yeeld submission to the power and authority of parliament ; their former delinquencie shall be remitted , and their persons and estates protected from the violence and fury of souldiers . fifthly , that as many of those persons who have put in execution the commission of array , or have been in actuall war against the parliament , as shall forthwith come and render themselves unto the said sir thomas middleton , and submit to the power and authority of parliament ; he will suspend the putting in execution of the ordinances of parliament against them , untill the further pleasure of the parliament be signified therein : and will use his best endeavour to have their former delinquencie remitted or qualified . sixthly , that as many as will not submit to the authority of parliament , but persist in their disobedience , must expect to feele those miseries which war may bring upon them , and that punishment which they justly deserve for their contempt of so high authority . and lastly , that the forces of the parliament shall be continued no longer in the said counties , then untill those commissioners of array , and those other persons that have been in actuall war against the parliament , be reduced to their due obedience to the laws of the realme , and the justice of that supream court : the coasts secured against the landing of irish rebells ( from whom no protestant subject of this kingdome can expect civill usage , however he stands affected ; ) the people freed from those oppressions and bondage under which they groane ; and the trading of north-wales for cloth and cattell be restored unto them , which now is quite decayed by the commissioners of array's opposition against the parliament ; and the want thereof will bring extreame poverty and famine upon the whole country . he that can beleeve , that the irish rebels and english papists doe now fight to maintaine the protestant religion , that his majesties royall power and just prerogatives are not resident in the courts of justice , that the papists who are now in armes , contrary to the expresse words of severall acts of parli●●●nt made against papists bearing of armes ; doe now fight to maintaine and keep those statutes in force , that those delinquents who were declared traitors by the parliament , and many of them so proclaimed by his majesty , doe now fight against the parliaments forces to maintaine the priviledges of parliament , and not to protect themselves from the justice of that supream court : is furnished with a sufficient competencie of ignorance to digest that oath . he that hath been inforced to take an oath , the substance whereof he cannot beleeve ; is bound in conscience and reason nos to observe the same . finis . reasons why the oaths should not be made a part of the test to protestant dissenters penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons why the oaths should not be made a part of the test to protestant dissenters penn, william, - . p. s.n., [london : ] caption title. attributed to penn by wing. imprint suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng oaths -- quaker authors. church and state -- england -- quaker authors. society of friends -- doctrines. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion reasons why the oaths should not be made a part of the test to protestant dissenters . . we do humbly conceive , that because these oaths were antiently made upon occasion of the conspiracies of papists against the government , and are now reviv'd upon the score of the late discovery of their horrid plot ; and that since they only ought at any time to be administred in case of just jealousie or suspition had of any person or persons : we , who are no papists , but by our faith and doctrine repugnant to all popery ; and we , who have never shown the least disallegiance or vnfaithfulness , but on the contrary have been patient and peaceable under all that excess of severity , that in several parts of this nation hath been inflicted upon us , ought not to be brought under the same jealousies with the papists : it is suspecting an integrity , that was never tainted . for with submission , what is it but to say , the papists have plotted against the king , government and protestant religion ; therefore the quakers and such like dissenters that have not plotted , shall take the oaths , to try and bind them , as if they had plotted ? this makes no distinction , where really there is a great one . the oaths were not revived upon the papists till the plot was discovered ; pray why should you effect us , or question the integrity of protestant-dissenters ? let the known papists be proved and tested as papists ; but that can be no reason why the known anti-papists or protestant-dissenters should be so tested that are unconcerned in the occasion of it . ii. we are not yet preferred by the government to such charge , trust or employment , for which such security is commonly required , and since we ever liv'd a sober and peaceable life under the king and government , being neither papists , plotters nor men in power , we do not see the reason or equity , as to us , why the oaths should be made a part of the test . ☞ iii. we conceive , we need not swear to deny a supremacy or to pay an obedience , where our faith and religion teacheth us both ; which are a stronger tie upon our consciences , than all the oaths in the world. and of the truth of this we may appeal to your own knowledge of our conversations . iv. we apprehend , that the oaths answer not the reason of their imposition , and therefore useless ; for the papists we see , take them : and consequently there is no discrimination of papists from protestants by them . ●o that they serve rather to distinguish , what prote●●ant-dissenters are tender in taking these oaths , than to discover who are papists . but since the declaration is of more weight to the papists than the oaths , because that denyes their religion , whereas the oaths only deny the popes supremacy ( which is not owned by the gallican or french church , that they now mostly pretend to adhere to ) it will evidently follow , that all those protestant-dissenters , who can subscribe the declaration , are not papists , nor of the romish communion . in short ; ☞ because the papists will sooner take the oaths than subscribe the declaration ; and that the quakers and other dissenters will sooner subscribe the declaration than take the oaths : and forasmuch as the point in hand is to discriminate papists , and not such dissenters ; the adding of the oaths , when the declaration will most effectually do , may serve to ensnare the said protestant-dissenters , but not to discover the papists , or secure the government from them , which ought to be the only end of the test . object . but it is objected , that some papists will not take the oaths , and therefore they ought to be a part of the test . to which we answer , first , that the concealed papists , or those who are suspected to be such , are observ'd to swallow all , both oaths and declaration too , rather than bring themselves under notice at this time of the day . and next , it is plain fact , that the generality of the known papists also take them . so that still these oaths being made a part of the test , rather shews that papists will take the oaths , than that they discriminate who are papists : ☞ and here it may be worth your consideration , how much securer you are from those papists , that do take the oaths , than from those that refuse them . but admitting it to be a real discrimination respecting a few papists , yet we intreat you weigh , if the number of the protestant-dissenters , who may scruple taking these oaths , is not far greater , than of those papists that may refuse to take them : and if so , you will lose much more than you will get by taking the oaths into the test . v. be pleased to consider , that if you are not very careful in this matter , by exposing such protestant-dissenters to be reputed papists , because of not taking the oaths , you may be said , in a sort , to make more papists by one act , than the popes and their emissaries have done these six score years ; though they abhor popery as much as you your selves can do . we hope , the wisdom of the government will not thus suffer a great part of the industrious people of the nation to be vex'd & ruin'd for that which they are not ; and at a time too , when it is your interest to lend a hand to the weakest protestant-separatist you have , against the church of rome ; that so the numbers of that society may not be augmented , by enlarging that scandalous character to other perswasions through the prejudice , false policy or ill designs of any . vi. your making the oaths a part of the test , will be very particularly injurious to such dissenters ; ☞ for you will punish them by laws made upon occasion of popish plots , who are unconcern'd in the guilt of them . this is in shew to charge your canon against papists , but they will ( 't is to be fear'd ) be discharg'd upon protestant-dissenters , as hath already been done : which is adding another misery to them , whom you should relieve , and making them lose by the discovery of the plot , that would have been expos'd as well as your selves , if it had taken effect : so that those who would have suffer'd by the plot , must suffer as of the party of the plotters . in short , this is punishing one party for the fault of another , and extending the penalty , where there is no transgression . vii . let it be consider'd , that such dissenters will be of all people the most miserable : for being expos'd to the punishment of papists and the punishment of protestant-dissenters too , they must needs be in a worse condition , than the papists ; for they will be at this rate ground between two mill-stones . and this will rather deter papists from embracing the communion of any protestant-dissenters , then excite them to approach so near to the church , as to become protestant in any sense : because they will be expos'd to more suffering , unless absolute church-men , then now they are , as papists . for both the laws made against protestant-dissenters , and the laws made against popish recusants have been executed upon protestant-dissenters ; but the particular laws made against protestant-dissenters were never infflicted upon the papists . viii . but it is objected by some , that we are disguiz'd papists , or that papists are concealed amongst us . to which we say , the declaration will determine that ; since ( as was said ) the oaths only deny the pope's supremacy , which some of themselves pretend to disown : but our declaration denies both the pope's supremacy and their religion too . besides , those dissenters that scruple the oaths , do it not upon the same terms with the papists ; for they own no forreign supremacy , which the papists do . and to prove evidently , that it is no trick or ill design against the government , they refuse to swear in their own right , having-frequently lost their just debts , and been greatly injur'd by other mens vnjust claims , because of not taking an oath : which is not the practice of papists . ix . but there is one reason never to be answered , why we can neither be papists , nor popishly affected , as we must needs be , if we seek to conceal the papists at so much hazard to our selves ; and it is this , you have been pleased in parliament to complain of the growth of popery , of the non-executing of laws made against papists , and that some of the ministers of state were popishly affected , and that things have generally been transacted by them in favour of the papists : on the contrary we have been great sufferers , our houses broke open , our goods riffled , and our estates seized , and treble values taken away from us by laws made against papists , under their ministry . so that either we are no papists , or such state-ministers and councils , whom you have reputed popish , must not be such ; for none can think that they should exercise such severities upon people of the same inclinations , when they were so indulgent to persons notoriously of that profession ; but because you believe they were so , you must needs interpret from their being more severe to us than any other people , that they reputed us most remote from popery . what greater demonstration can we give , that we believe our selves , and are sincere in this matter , than the hazards and losses we are daily expos'd to ? x. we have always shewn a good and steady affection to the just , civil and protestant interest of this nation ; and among other things , it may evidently appear in the late election of the present parliament , having generally adhered to , and through all difficulties given our voices for those persons , that have been of the best reputation in their country for protestants and english men . and indeed , there has been no such discovery made these many years of the inclinations of all parties : ☞ which being well observ'd , it will perhaps appear , that we and the papists have as little joyn'd in the same choice of members , as some high church-men ( our great prosecutors ) have done , who would notwithstanding have us accounted papists . and we may further add , that since our giving our voices in the said late election for those persons , which are known to be hearty for the protestant religion and civil interest of the nation , we have been afresh severely persecuted in several places , and that as well by laws made against papists as protestant dissenters . lastly , we do here humbly offer a declaration , and pray , that it may be receiv'd as a testimony of our good affection to the protestant cause , and as our assurance to live a sober and peaceable life under the present government . and in case any among us shall be found false to our declaration and engagement , let such be punisht as perjured persons . these are the reasons we render , why the oaths should not be made part of the test . a protestation or declaration to distinguish protestant-dissenters from popish-recusants . i a. b. do in the presence of almighty god solemnly profess , and in good conscience declare , it is my real judgment , that the church of rome is not the church of christ , nor the pope or bishop of rome christ's vicar ; and that his or her doctrines of deposing heretical princes , and absolving their subjects of their obedience ; of purgatory and prayers for the dead ; of indulgences and worshipping of images ; of adoring and praying to the virgin mary and other saints deceased ; and of transubstantiation , or changing the elements of bread and wine into the body and blood of christ at or after the consecration thereof by any person whatsoever , are false , erroneous and contrary to the truth of god declared in the holy scriptures : and therefore the communion of the said church is superstitious and idolatrous . and i do likewise sincerely testifie and declare , that i do from the bottom of my heart detest and abhor all plots and conspiracies , that are or may be contrived against the king , parliament or people of this realm : and i do hereby faithfully promise , with god's help , to live a sober and peaceable life , as becometh a good christian and protestant to do . and all this i do acknowledge , intend , declare & subscribe without any equivocation or mental r●servation , according to the true plainness , simplicity and usual signification of the words . witness my hand . certain general reasons, prouing the lawfulnesse of the oath of allegiance, written by r.s. priest, to his priuat friend. whereunto is added, the treatise of that learned man, m. william barclay, concerning the temporall power of the pope. and with these is ioyned the sermon of m. theophilus higgons, preached at pauls crosse the third of march last, because it containeth something of like argument sheldon, richard, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) certain general reasons, prouing the lawfulnesse of the oath of allegiance, written by r.s. priest, to his priuat friend. whereunto is added, the treatise of that learned man, m. william barclay, concerning the temporall power of the pope. and with these is ioyned the sermon of m. theophilus higgons, preached at pauls crosse the third of march last, because it containeth something of like argument sheldon, richard, d. ? barclay, william, or - . de potestate papæ. english. higgons, theophilus, ?- . sermon preached at pauls crosse the third of march, . barclay, john, - . [ ], , [ ]; [ ], , [ ]; p. imprinted by felix kyngston [and arnold hatfield], for william aspley, at london : . signed on ¹l r: richard sheldon. "guil. barclaii i.c. of the authoritie of the pope", an edited translation by john barclay of "de potestate papæ", has separate pagination and title page with imprint ".. imprinted by arnold hatfield ..". kingston printed the first two quires of this part (stc). "a sermon preached at pauls crosse the third of march . by theophilus higgons", reprinted from stc , has separate dated title page and pagination. part identified as stc on umi microfilm reel . reproductions of the originals in cambridge university library. appears at reel and at reel . reel : lacking ¹c . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- controversial literature -- early works to . oath of allegiance, -- early works to . popes -- temporal power -- early works to . sermons, english -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion gvil . barclaii j. c. of the avthoritie of the pope : whether , and how farre forth , he hath power and authoritie ouer temporall kings and princes , liber posthumus . at london imprinted by arnold hatfield , for vvilliam aspley . . to the most holy father and lord , clement the . pope : w. barclay wisheth health . if rome , from peter to this day , had seene such bishops as your holinesse is ( most high father and prelate of christians ) there had been no place for this question at this time . your moderation and gentlenesse , answerable to your name , either had not opened any gap to this busines , or had barred the same by some graue prouision , that it should not be opened . i haue here discussed the question , touching the temporall authoritie of your see ouer kings and princes ; which hauing been canuassed with so great troubles , and so much blood , hath as oft afflicted the church , as the princes themselues : i haue also dedicated the same to you , lest i might seeme either to haue shunned your iudgement , or to haue managed rather the cause of the kings , then of the church . if i haue not pleased euery mans taste , i desire them to consider , that no medicine brings health without bitternesse . it is peraduenture an odious argument to such as be scrupulous , or malitious , to peruert my sense and meaning : which not withstanding , most holy father , i haue vndertaken , partly out of the loue of the truth , partly also , for that , i haue been of opinion , that this authoritic is the fountaine of all those tempests , wherewith heresie tosseth your ship at this day . pope iulius the . being alienated with a sudden vnkindnes , did not only thunder against lewes the . king of france , but also depriued iohn king of nauarre of his kingdome , because hee assisted the french. and out of question lewes his good fortune put by that thunderbolt from france : but the nauarrois hearing the spaniard of one side , and being excluded on the other side by the mountaines of pyrene from the helpe of france , was not able to make his part good against the furie of rome , and the ambition of spaine . being spoiled of the greater part of his kingdome , he retired into france , where he had a large and ancient patrimonie . in the neck of this came the fire which luther kindled , and the heires of iohn , king of nauarre , inflamed with their priuate hatred , did very soone passe to that side , which bandied against the see of rome . therefore came heresie first to be seattered thorow france , by the partialitie of those princes , which through the fiaming fire , and after through warres , hath continued to this day . as for henrie the , king of england , who doubteth , that he departed not so much from the religion as from the pope , out of his hatred against the very same authoritie ? clemens the . had denounced henrie depriued of the right and interest of his kingdoms : and he againe conceiued an anger , which peraduenture was not vniust of his part , but blinde and intemperate . he opened england to heretikes by the occasion of this schisme , who afterwards growing strong vnder edward the , destroyed the ancient religion . againe , scotland affected with the neighbourhood and communion of england , hauing held out vnder iames the , at length was attainted in the beginning of maries raigne , and presently after infected , when the poison had gathered further strength . so what heresie or heretiques soeuer are in france and britannie at this day ( which is their onlie strong hold ) was conceiued and hatched by this lamentable warmth of the temporall authothoritie , as a pestilent egge . behold , most holy father , how little good it doth the church to challenge this command , which like scianus his horse hath euer cast his masters to the ground . therefore haue i vndertaken this worke , out of my affection to religion and truth , not to the princes , and of a sincere and humble minde haue presented the same to you the chiefe pastour , to whom it appertaineth to iudge of leper and leper . if there be any thing in these writings , which you shall thinke good and profitable , i shall comfort my old age with the most sweete remembrance of so great a witnesse . but if allowing my affection , yet you shall not allow my iudgement , it shall be to posteritie an argument of your moderation , that vnder you the simple libertie of disputation hath not been preiudiciall to any . let this be an argument of your moderation , but neuer of my obstinacie . for whatsoeuer is in this businesse i leaue it to your censure , that in this booke i may seeme not so much to haue deliuered , what i thinke , as to haue enquired of your holinesse , what i ought to thinke . fare you well . the contents of the seuerall chapters contained in this booke . chap. . the author professeth his catholike disposition to the see of rome , and his sinceritie in the handling of this question . the opinion of the diuines and canonists touching the popes authoritie in temporall matters , and particularly touching bozius a canonist . chap. . of the different natures of the ecclesiasticall and temporall powers , and a taxation of bozius his sophistrie touching the same . chap. . that the apostles practised no temporall iurisdiction , but rather inioyned obedience to be giuen euen to heathen princes ; and a comparison betweene the ambition and vsurpation of the later popes , and humilitie of the ancient . chap. . that the later popes serued themselues of two aduantages to draw to themselues this vast authoritie temporall ouer princes : viz. partly through the great reuerence which was borne to the see of rome , partly through the terror of the thunder bolt of excommunication . chap. . that it cannot be proued by any authoritie , either diuine or humane , that the pope either directly or indirectly hath any temporall authoritie ouer any christian princes . chap. . that no instance can be giuen of any popes of higher times , that any such authoritie was vsurped and practised by them : and a vehement deploration of the miserable condition of these later times , in regard of the modestie and pietie of the former . chap. . an answere made to an excuse pretended by bellarmine , that the ancient church could not without much hurt to the people , coerce and chastise the olde emperors and kings , and therefore forbare them more , then now she neede to doe . chap. . that the ancient church wanted neither skill nor courage , to execute any lawfull power vpon euill princes , but she forbare to doe it , in regard she knew not any such power ouer them . chap. . that it is a false ground laid by bellarmine , that henrie the . emperour , and other christian princes , vpon whom the popes haue practised their pretended temporall authoritie , might be dealt withall more securely then the former princes . chap. . the censure of the worthie bishop frisingens . vpon the course which gregorie the . tooke against henrie the . emperour , and the issue thereof how lamentable to the church , and vnfortunate to the pope himselfe . chap. . a reason supposed for the tolerancie and conniuencie of the ancient popes , and the vanitie thereof discouered . chap. . that the pope hath no authoritie , not so much as indirectly ouer christian princes in temporall matters , proued both by the speciall prerogatiues of an absolute prince , and also by the grounds of the catholikes , and the inconueniencies insuing of the admittance thereof . chap. . he vndertakes bellarmine his proofes , propounds his first maine reason , with the media , whereby bellarmine inforceth the same . chap. . he taketh away the ground which bellarmine laid for the strengthening of his first proposition , and layeth open the lightnes and vanitie thereof . chap. . he amplifieth the answere to the last ground laid by bellarmine , and explaneth in what termes of relation or subordination the powers both ciuill and ecclesiasticall doe stand . secondly , he sheweth that clergie persons , are as well and fully to be reputed the subiects of temporall princes , as lay men are . thirdly , that the clergie first receiued their priuiledges from the fauour of princes , and that the pope himselfe , as successor of peter , must necessarily bee subiect to a temporall prince , but that hee is a temporall prince in italie himselfe , which state also he receiued at the first by the bountie of temporall princes . chap. . he detecteth a plaine fallacie in a reason of bellarmines , which in schooles is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , addictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and sheweth at large , that temporall princes haue submitted themselues to the popes as their spiritual fathers , but not so absolutely , but that they euer reserued their ciuill authoritie firme , and vntouched to themselues . chap. . he answereth bellarmines second reason , and prooueth , that this vnlimited power of disposing the temporalties of princes is neither belonging , nor necessarie for the church , and that the church florished more the first three hundred yeeres without the same authoritie , then it hath done since certaine later popes vsurped the same . chap. . he discusseth more at large the sense of bellarmine his latter argument to proue the popes soueraigntie ouer kings in temporalties , and bewraies the inconsequence and vanitie thereof . chap. . he discusseth a passage in s. bernard , touching the materiall sword , and the words of christ , ecce duo gl●dij : and concludeth that the temporall sword , is neither proper to the pope , nor subiect to the spirituall . chap. . he encountreth bellarmine his third reason , and the pro●●es of the same . wherein he excepts especially against this proposition of bellarmine , that it is as dangerous to chuse a heathen prince , as not to depose him that is not a christian : but the elench or fallacie of the whole argument he plainly discouereth . chap. . he insisteth further on the point , whether christians ought to suffer ouer them a king that is not a christian. the text of the . cor. . is discussed , of going to law vnder infidell princes , or iudges : and bellarmine his fraud and captiousnes discouered in abusing that place to serue his turne . secondly , a place of thomas aquinas examined touching the point of taking from heathen princes their right . thirdly , that it was not want of strength , but meere religion and conscience that kept the primitiue church in obedience , by bellarmines own grounds . chap. . he answereth bellarmines second maine reason ; taxeth the same both for matter in truth , and forme in logick , and giues a right supplie to the deficiencie of the same , by which the force of the same reason is taken away . chap. . he taketh in hand bellarmines third argument , which is drawne from a comparison of the bond of mariage , with the bond of the obedience due from the subiect to the prince ; and both shewes how weake it is in it selfe and how strong against him that brings it . chap. . he examineth a fourth reason of bellarmines , taken from the forme of an oath , which princes are supposed to take when they were receiued into the church , and sheweth that nothing can be made thereof , to proue bellarmines assertion for the popes temporall authoritie ouer christian princes . chap. . he examineth the last reason of bellarmine , grounded on the words of christ to peter , pasce oues meas : the which reason from these words , if it haue any edge at all , he turneth the same backe vpon bellarmine himselfe . chap. . he prooueth that bellarmine is deceiued , or doth deceiue of purpose in his reason drawne from the comparison of the pope as a shepheard , and an heretike prince as a wolfe . . what is the dutie of the shepheard , in case the prince doe of a sheepe become a wolfe . chap. . he debateth the power of the pope to dispense : what is the nature of those lawes , wherewith the pope may dispense . but that he hath no colour to dispense with the obedience of a subiect to his prince . the madnesse of the canonists that giue too vast a fulnes of power to the pope . chap. . the examination of a rescript of pope innocent the third , which hath these words : not man but god doth separate , whom the bishop of rome doth separate . which words many haue laboured to reconcile , but haue missed . chap. . but the author giues the resolution , excusing the popes meaning , and blaming the words , to answere the canonists . chap. . that the pope , although he might dispense with the oath of a subiect , yet can he not dispense with his obedience to his prince , to which he is bound by the law of god and nature , which are greater then his oath . . the dangerous consequence to all christian princes by this power of the pope , called indirect , if he should haue it . . what the people ought to answere the pope or his ministers , in case they should bee by them solicited against their lawfull prince . chap. . the error of the later popes in taking this high and headlong course to depose princes : what ill blood it hath bred in the church : proued by miserable experience in germanie , france , england , and hath brought the see of rome , both into hatred and contempt with all christian princes . chap. . that if the prince play the wilde ramme , the pope may correct him , but as a spirituall pastor , onely by spirituall meanes . . that neither the prince can auoide or decline the popes iudgement in cases spirituall , nor any clergie person the kings in cases temporall . . that the clergie receiued those exemptions and immunities , which at this day they enioy through all christendome , not from the pope , nor from canons of councels , but by the bountie and indulgencie of secular princes . . the explanation of the canons of certaine famous councels , which the aduersaries alleage in their behalfe , and yet vpon the matter make rather against them . . the notorious corruption practised by gratianus in peruerting the words of two seuerall canons , flat against the originall , which corruption also bellarmine very strangely followeth , because it seemeth to make to his purpose . chap. . he propoundeth and proueth a paradoxe of his owne ; that all the clergie men in the world , of what degree or ranke soeuer , are subiect to the temporall authoritie of secular princes , in those seuerall countries , wherein they liue , and are punishable by the said princes , as well as other lay subiects , in all cases that are not meerclie spirituall . chap. . he returnes to the particular answere of bellarmine his argument , and sheweth , that excommunication workes onely so farre , as to exclude from the companie of the faithfull , but not to depriue princes of any temporall estate . chap. . he propoundeth certaine reasons of nicholas sanders , which had been omitted by bellarmine , for the establishing of the popes temporall authoritie ouer princes . chap. . he answereth the said reasons of sanders touching samuel , and saul . . touching ahias the shilonite . . touching elias . . touching elizeus his sword , as reasons forged either of malice against the prince then , with whom he was angrie , or of affection to the then pope , or some other fume of braine ; they haue so small colour to proue his purpose . chap. . he discusseth other examples , alleaged by bellarmine ; and first that of ozias the king of iuda ; and herein he taxeth bellarmine his slight dealing to transcribe out of other mens collections such matters as they haue either negligently or maliciouslie wrested against the direct and pregnant storie of the scriptures , as appeareth in this example . chap. . he discusseth another example touching athalia and ioiadas the high priest , which hee sheweth to bee 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and nothing attailing to conclude his purpose . chap. . he discusseth a third example from ambrose bishop of millane , and theodosius the emperour , and maketh it plaine how little it makes for the popes authoritie temporall , ouer emperours and kings . chap. . hee answereth bellarmines examples of the latter popes , first by way of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or preuention out of sotus , that the act of popes makes not an article of the faith . secondly , by the testimonie of platina he conuinceth the whole storie related by bellarmine , touching pope gregorie the , and leo the emperour , of vntruth . chap. . he answereth another instance of bellarmine touching pope zacharie , and chilperique king of france ; the very explication of which whole businesse , is refutation sufficient , to frustrate bellarmine his purpose in alleaging the same , to winne any temporall authoritie to popes ouer christian princes . gvil . barclaii . i. c. of the authoritie of the pope ; whether , and how farre forth , he hath power and authoritie ouer temporall kings and princes , liber posthumus . many men haue written of this argument , especially in our time , diuersly and for diuers respects : but none more learnedly and cleerely , then the most woorthie cardinall and most learned diuine rob. bellarmine , in those bookes , which he hath written of the chiefe or romane bishop . who as he hath notably prooued the spirituall and ecclesiasticall power of the bishop of rome ; so if he could haue confirmed with more sound weight of authorities and reasons , that temporall power , which hee affirmeth out of the opinion of certaine diuines , that hee hath , there were nothing in that treatise which might iustly be reprehended , or required by any man. if therefore many both diuines and ciuilians , one after another , haue emploied themselues in the discussing of this question , and the iudgement of the former writers thereof hath beene no preiudice to the opinion of them which followed ; why should not i also ( since i haue spent my time in this studie ) challenge after a sort by a peculiar interest some place in the searching of the truth it selfe . but before i beginne to shew what i thinke of this matter , there must some care and diligence be vsed by me , by way of prouision , least either any weak : ones should conceaue any scandall , who esteeme the pope to bee a god , who hath all power in heauen and earth ( that i may vse a gerson● words ) or any aide seeme to come to the calumnies of the nouators , wherewith they prosecute the apostolike sea , that they might depriue the chiefe pastor of souls of all his authoritie . therefore the reader must vnderstand thus much that i doe beare to that sea all reuerence & good will , neither do goe about either here or any where else , to diminish any thing of the power and dignitie due to the vicar of christ , and the successor of the holy apostles peter and paul , by whose patronage i doe piously and plainly perswade my selfe that i am daily assisted : but that i haue this purpose onely to search without all guile & deceit , without loue and hatred , what and how great that power is , which all christians ought to acknowledge in the bishop of rome , that is , in the chiefe bishop and pope as they call him : and without those assertions , which wrest mens mindes to one side or other , that i onely haue god before mine eies , least at the returne of the lord , i be challenged either for the vnprofitable emploiment , or the hiding of my talent . therefore i desire them , who haue written before mee , of a good minde as i suppose , that they take it not in scorne or anger , if i depart from their opinion . b for ( as i may say with s. augustine ) wee ought not to esteeme euery mans disputation , although they bee catholike and praise woorthie , as if they were canonicall scriptures , as though it were not lawfull for vs , sauing the reuerence which is due vnto them , to mislike and refuse some things in their writings , if perhaps wee shall finde , that they thinke otherwise then the truth beares , being by the helpe of god vnderstood by others or by our selues . as i my selfe am in the writings of other men , so would i haue the vnderstanding readers to bee in mine , that they would either curteouslie admit , or with reason reprehend . but to the matter . there is amongst catholikes , ( for what others thinke i force not a whit ) but those too much addicted to the pope , a twofold opinion touching this question : one is of the canonists , who affirme that all rights of heauenly and earthly gouernment are granted by god to the pope , and that , whatsoeuer power is in this world , whether temporall and ciuill , or spirituall and ecclesiasticall is conferred by christ vpon peter and his successors : to which principle they doe easily draw any thing , so often as any disputation ariseth , touching the absolute power , or , as they vse to speake , touching the fulnesse of the power of the pope . the other is the opinion of certaine diuines , who do iustly dislike this ground of the canonists , because it is not cleerely prooued either by authoritie of scripture , nor tradition of apostles , nor practise of the auncient church , nor by the doctrine and testimonies of the auncient fathers . therefore these doe by most sound reasons conuince their opinion , i meane of the canonists : but yet in such manner , as that by the losse of that , the pope looseeth neuer a whit the more of his temporall interest and power , but they see that safely bestowed , and doe preserue it safe and sound for him . for they hold thus . that the pope as pope hath not directly any temporall power , but onely spirituall : but that by reason of the spirituall hee hath at least indirectly a certaine power , and that verie great , to dispose of the temporalities of all christians . and so looke what they doe allow the pope , by a direct course , the same doe these men giue him , by an oblique and indirect meanes , so as the meanes onely is diuers , but the effect is the same . for my part , when i consider of this question , i finde , that neither of their opinions as touching the temporall power , hath any certaine ground : and yet if they be compared together , that the canonistes opinion may more easily be maintained then the diuines : especially seeing it is not contrary to the order of nature , according to which a man by his right exerciseth authoritie granted vnto him ouer others , and therefore , it containes nothing vnpossible . but the opinion of the diuines , as it is propounded by their owne side , ouerturnes the naturall course of things , which willeth , that no man vse any power or authoritie ouer others , which is neither by name granted to him , nor is any whit necessary to the effecting of those things which are committed to his trust . therefore these diuines do indeed very well refute the opinion of the canonists , but for all that , with their leaue , they thinke not a whit the better themselues : whereby a man may see , how much more easie it is to finde an vntruth in other mens writings , then to defend a truth in his owne . there is also euen amongst themselues a contention touching this point . for many of them haue ioined themselues with the canonists , either for that they are deceiued with a shew of truth : or that bearing too much , and that a very blind affection to peters sea , ( which indeed is woorthy all honour ) they would also grace it with this title of power and dignitie : or being obliged by some speciciall fauors of the popes , haue by this endeuor of thankfulnes desired to draw their good opinions close to themselues , i will not say , to gaine them through this vnreasonable flattery of theirs . and amongst these is one , who being lately sprung out of the congregation of the oratrie , hath stept foorth as a * sharpe abettour for the canonists aboue other men . whom therfore a learned man & a famous preacher , as any is amongst the iesu●tes , when i asked him what he thought of this opinion of bozius ; hee called him a popes parasite . for in his books he doth earnestly maintaine , that all kingly power and authoritie , and lordship of al things which are in earth , are giuen to the bishop of rome , by the law of god , and that what power soeuer whersoeuer in the world temporall kings and princes , aswell beleeuing , as vnbeleeuing haue , doth wholly depend of the pope ; and so farre as concernes temporall execution is deriued from him to them : so that he as the lord of the whole world , may giue and take kingdomes and principalities to whom and where he will , although no man knowes why he doth so . and therefore ( saith he ) he might adiudge and bequeath the west indies of castile , and the east indies of portingall , although all men vnderstand not the coherence of the reason , whereby they were disposed as wee said before . and therefore being emboldned with a confidence of maintaining this opinion , he doth greeuously accuse many excellent diuines , amongst whom is that worthy man bellarmine , who can neuer woorthily be commended , & d cals them new diuines , & affirmeth , e that they teach matters , that be notoriously false , and contrarie to all truth : because they say , that christ as man was not a temporall king , neither had any temporall dominion in earth , nor exercised any kingly power , ( for by these assertions the principall foundations of bozius his dotages are ouerthrowen : ) when as these great diuines affirme that they are most true and confirmed by the owne testimonie of our sauiour : the foxes ( saith he ) haue * holes , and the birds of heauen nests , but the sonne of man hath no where to lay his head . where then is his kingdome ? where is his temporall dominion ? who can conceiue and imagine that there is a king or a lord , who hath neither kingdome nor lordship in the vniuersall world . we know that christ as he is the sonne of god , is king of glorie , the king of kings , the lord of heauen and earth , and of all things raigning euerlastingly together with the father & the holy spirit . but what is this to a temporall kingdome ? what is this to a crowne and scepter of a temporall maiestie ? certainly i haue perused all that bozius hath deliuered to this purpose : but i haue not found any sound reason for the confirming of his purpose , nothing that was not corrupted with the mixture of fallaries , and sophistication , nothing grounded vpon ancient and approoued authorities , nothing but depraued with a glosse of a deuised interpretation . before this time henricus segutianus , cardinall of hostia , was intangled with the same errour , whose new and strange opinion at that time , is thought within a while after to haue inflamed beyond all measure , as it were with new firebrands of ambition boniface the . a man exceeding desirous of glorie . but the case is at this time very well altered , because that opinion of hostiensis , ( which afterwards the canonists followed , & bozius now embraceth ) is vpon very grounded reason condemned by certaine diuines , and also for that the church of god hath at this day such a chiefe bishop , i meane clement the eight , who sheweth himselfe to the world so excellent and admirable , not onely in pietie & learning , but also in humility , iustice , charitie , and other vertues , worthy so great a pastor : that we need not feare least such a bishop should bee so stirred and infected with a vaine opinion , which is vnderpropped onely with fooleries , and snares of words , that hee should challenge to himselfe any thing , which of due belonged not vnto him . neither had bozius offered so rash assertions to so great a bishop , but that impudencie dare doe anything . it were time ill spent to touch seuerally vpon all his errors and fopperies . onely least i should seeme for mine owne pleasure onely to haue found fault with the man , i will lay before you one instance of his foolish and quirking dealing , that the reader may iudge of the beast by his loose . chap. ii. first of all we must vnderstand , that those two powers , whereby the world is kept in order , i meane , the ecclesiasticall and the ciuill , are so by the law of god distinguished and separated , ( that although they bee both of god ) each of them being included in his bounds , can not by any right enter vpon the borders of the other , and neither haue power ouer the other , as a s. bernard truely and sweetly teacheth in his first booke , de consider . ad eugenium : b and amongst the later diuines , iohn driedo . c and the woorthy hosius bishop of corduba , writing to the emperour constantine , an arrian , doth euidently declare the same difference of these two powers : whose opinion is set downe in this maner , in a letter of s. athanasius , written to them which lead a solitarie life : god hath committed a gouernment to you : to vs he hath entrusted the matters which belong to the church : and as hee who with enuious eies maligneth your gouernment , doth resist the diuine ordinance , so take you heed least by drawing to your selfe those things which belong to the church , you prooue guilty of a great fault : it is written , giue to caesar , those things which be caesars , and to god , which are gods * . therefore neither is it lawfull for vs to exercise an earthly empire , nor you being emperour , haue any power ouer our sacrifices and holy things . from hence it is , i meane from this distinction of powers , that innocentius and panormitanus doe conclude , that d lay-men are not bound to obey the pope in those things which are not spirituall , or which concerne not the soule , as they speake : vnlesse they liue in those territories , which bee subiect to the temporall iurisdiction of the pope . and so ought that oath of the profession of faith in the bull of pius the fourth to be restrained , where it is said , to the bishop of rome , &c. i promise and sweare true obedience , when he is of the laity that sweareth . bozius notwithstanding denieth this distinction of these powers : and affirmeth full vndiscreetly , that the temporall is contained vnder the ecclesiastical , and is directly subiect to it . but hee perceaued that which was pressed with the euident confession of the holy bishop , nicolas . who in a letter to michael the emperour , teacheth , that although in times past e heathen emperours were called the chiefe bishops , yet when it came to the true king and bishop , neither did the emperour draw to himselfe the interest of the bishop , nor she bishop vsurped the name of the emperour : because the same mediator of god and men . the man christ iesus , did so by their proper functions , and seuerall priuiledges distinguish the duties of both the powers , willing that his proper offices should be aduanced by a wholesome humilitie , not by humane pride be againe drowned into hell , that both christian emperours might stands in need of bishops for eternall life , and bishops might vse imperiall laws for the course of temporall things onely , &c. therefore when as he saw by the testimony of a chiefe bishop , that both the powers were so disioined and seuered by their proper actes , dignities , and duties , that neither the temporall power might without iniurie vsurpe the rights of the spirituall power , nor contrary : this fine witted gentleman , that he might vnwinde himselfe out of this brake , he slips me into a blinde turning of an interpretation , which was neuer heard of before : wherein hee shewes himselfe very ridiculous , nor so cunning in inuenting , as vnaduised in deliuering the same . * but we must marke , saith he , in these words of nicclaus : first , that he doth not affirme , that the laye power is seuered from the spirituall , that an ecclesiasticall power may not haue it , but that a secular man may not haue an ecclesiasticall power : therefore he saith that these powers are distinguished , not all together , as though one were not subordinate and subiect to the other , but he affirmeth that they are distinguished by their offices , actions and dignitie : and with all when he had said , neither did the emperor draw to himselfe the priueledges of the bishopricke , he said not againe , the bishop drew not to himselfe the priueledges of the emperor . he saith not , the priueledges , or rights , as nauarra , in cap. nouit . hath reported falsly , nor as i thinke , marking what he said : but saith nomen , the name . what should a man doe with such a myching bird-catcher of wordes : who a man would thinke studied to make pope nicolas , not a pastor , but an impostor , and that he should seeme not to instruct , but to mocke the emperour , for what i pray you ? was this conference betweene the pope and the emperour , of wordes , and not of things : of the name , and not of the right and power ? or did the bishop write these letters that by the obscure doubtfulnesse , or change of a word , he might entrap the emperour , and not rather , that hee might instruct him by a plaine discourse of truth ? it is a speech of a good conceipt , i that lawes are imposed by deedes , and not by wordes : and this letter , is in a manner , as an ecclesiasticall law . what then nicolaus saith : neither did the bishop vsurpe the name of the emperour , it is as much as if he had said , he vsurped not the right , or the rights of the emperor , which nauarrus the most learned both canonist and deuine , obseruing , and others of all ages , that were exercised in those knowledges , haue taken nomen and iura for the the same in that epistle ; which notwithstanding either of ignorance or malice are wrested quite from the meaning by this hunter of words this way and that way , as please him . k this is not to know the lawes , to vnderstand their wordes , and not their force and meaning . but this interpretation of bozius is refelled by this , that the pope by these wordes as the pagan emperours were also called the chiefe bishops , that is , ( named ) did not meane an empty and a bare name , as though emperours , were onely named bishops , but the right , and office , because together with the names they retained all the rights , and offices , and dignities that were incident to each power , which seeing it is most true and bozius dare not deny it : it followeth certainly that either no contrary comparison , nor perfect difference between the popes and emperours of these and those times , is in that place designed by nicolaus , or by the name of the emperour , that he vnderstands all the imperiall right : that as after christ acknowledged and receiued , the emperours assumed not to themselues any more the rights of the bishopricke , so neither bishops the rights of emperours . to conclude , if the pope had in this place signified , that hee refused onely the name of the emperour , but retained the right and power : might not the emperour iustly reply , that he stands not so much vpon the name , as vpon the right ? what should he doe with the name , if another carie away his right and power ? hee had certainly said it , neither would he haue put vp so foule an indignitie , if hee had beleeued that any such thing might bee gathered , out of pope nicolas his wordes . but saith bozius , he said not their powers were ( wholy ) distinguished . i confesse , and that not without speciall care , lest hee should giue to the popes flatterers , or any other busie companions an easie occasion of cauill and exception . for bozius would interpret that word , ( call together ) as farre as belonged to execution : therefore hee spake more and more plainly , to wit , that those powers are seuered and parted , in their proper actions , offices and dignities , that he might manifestly shew , that by no meane they are ioyned together , and that one is not subiect to the other , although both of them may concurre in the same person . for the same person may bee both a temporall prince and a bishop : but neither as a pope can hee chalenge to himselfe , the actions , offices , dignities and other rights of temporall things , nor as a prince of spirituall . if therefore these powers be ioyned together , neither in dignities , offices , nor actions , let bozius tell vs wherein they are ioyned ? if he say , in that because one is subordinate and subiect to the other : that is it , which we deny , and which if it were true , it would follow necessarily , that those powers are distinguished neither in dignities , nor offices , but onely in actions , and so this opinion of pope nicolaus should bee false , for dignitie and office , which is in the person subordinated , cannot but be in the person , which doth subordinate , seeing it is deriued from him into the person subordinated . hence it is , that the prince takes himselfe to be wronged , while his ministers are hindred in the execution of their offices ? and the pope thinketh himselfe and his sea apostolike to be contemned , if any contempt be offered to the authoritie of his legate , sent by him . but all things , and persons are proclaimed to be free , and not subiect , vnlesse the contrary be prooued . and if these things be so , it is very ridiculous , and a meere fancie of bozius his braine , that he saies , how it appeares by the former speeches of pope nicolaus . that hee doth not affirme , the lay power to be disioyned from the spirituall so as a person ecclesiasticall may not haue it : but that a temporall person may not haue an ecclesiasticall . for where can this appeare ? seeing in that letter , there is not one word to be seene , whereby that may be gathered in any probabilitie . and hitherto haue i said enough of this bozius his error . and i am perswaded that no man is so madde , that in the determination of this businesse , touching the distinction of these powers , will not giue credit rather to hosius , then to bozius . chap. iii. i would here annex other examples of bozius his error , but that i know that this opinion which he endeuoureth to reuiue being now laid asleep , and almost extinguished , seemeth in these daies to the learned so absurd , and that it is refuted and ouerthrowen , with so many and so cleere reasons , that now a man need not feare least any be inueigled and ouertaken therewith . for first it is certaine , that neither bozius nor al his abetors , although they weare & wrest the sacred writings , and works of the fathers neuer so much , shall euer be able to produce any certaine testimony , whereby that same temporall iurisdiction and power of the pope , which they dreame on , ouer princes and people of the whole world may be plainly confirmed . nay but not so much as any token or print of any such temporall power deliuered by hand from the apostles and their successors can be found , from the passion of christ , for seauen hundred , nay i may say for a thousand yeeres . for which cause , the most learned bellarmine in the refutation of this opinion doth very wittily and shortly vse this strange reason : if it were so saith he ( that * the pope be temporall lord of the whole world , ) that should plainly appeare by the scriptures , or surely out of the tradition of the apostles . out of the scriptures we haue nothing but that the keies of the kingdome of heauen were giuen to the pope , of the keies of the kingdome of the earth , there is no mention , and the aduersaries bring forth no tradition of the apostles . the which matters , and with all , the great diuision about this matter between the diuines and the canonists , and of each of them one with another , maketh that this question of the temporal power of the pope , seemeth very doubtfull and vncertaine , and wholly to consist without any ground , in the opinion and conceipt of men : and therefore , that the truth thereof is to be searched and sisted out by the light of reason , & sharpnesse of arguments : and that it is no matter of faith , as they speake , to thinke of it either one way or other : for that , those things which are matters of faith , are to be held of all men after one manner . but for mine owne part , although i doe with heart , and mouth professe , that the chiefe bishop , and prelate of the city of rome , ( as being the * vicar of christ , & the lawfull successor of s. peter , yea the vniuersall and supreme pastor of the church ) is indued with spirituall power ouer all christian kings , and monarchs , and that he hath , and may exercise ouer them the power to bind , and loose , which the scripture doth witnesse that it was giuen to the apostle peter ouer all soules : yet notwithstanding i am not therefore perswaded that i should alike beleeue , that he comprehendeth secular kings and princes with in his temporall iurisdiction , or when they doe offend against god or men , or otherwise abuse their office , that he may in any sort abrogate their gouernment , and take their scepters away , and bestow them on others : or indeed in a word , that he hath any right or iurisdiction temporall ouer any lay-persons , of what condition or order , and ranke so euer they be : vnlesse he shall purchase the same by ciuill and lawfull meanes : for as much as i haue obserued that the opinion which affirmeth the same , hath beene assaied indeed and attempted by diuers , but hitherto could neuer be prooued of any sufficient and strong reason , and for the contrarie opinion much more weightie and more certaine reasons may be brought . for my part in regard of the zeale i beare to the sea apostolike , i could wish with all my heart , that it might be prooued by certaine and vndoubted arguments that this right belongs vnto it , being very ready to encline to that part , to which the weightier reason , and authority of truth do swaie . but now let vs come nearer to the disputation it selfe . that it is euidently false , that the pope hath authority and rule ouer kings and princes , it is certaine , euen by this ; that it were an absurd thing , and vniust to say that heathen princes are receiued by the church , in harder and worser termes , then other particular men of the commons whosoeuer : or that the pope hath at this day greater power ciuill ouer christian princes , then in times past s. peter & the rest of the apostles , had ouer euery priuate man , that was a child of the church : but they in those times had neuer any right or power temporall ouer christian lay-persons , therefore neither hath the pope now a daies any temporall power ouer secular princes . the assumption is prooned by this : because it is most certaine that in the time of the apostles , the ecclesiasticall power was wholy seuered from the ciuill , ( i doe not hereweigh bozius fooleries ) , and that this ciuill power was wholly in the hands of heathen princes out of the church . in somuch as the apostles themselues , were within the temporall iurisdiction of the heathen , and that both albert pighius and m robert bellarmine and ● other notable diuines doe ingenuously confesse . for christ came not to dissolue the law , but to fulfill it : nor to destroy the lawes of nature and nations , or to exclude any person out of the temporall gouernment of his estate . therefore as before his comming . kings ruled their subiects by a ciuill power , so also after that he was come , and gone againe from vs into heauen , they retained still the selfe same power , confirmed also , neither then any whit diminished by the doctrine of the apostles . if therefore peter and the other apostles , before they followed christ , were subiect to the authority and iurisdiction of heathen princes , ( which can not be denied , ) and the lord hath no where expresly and by name need them from the obligation of the law of nature and of nations , it doth follow necessarily , that euen after the apostleship , they continued vnder the same yoke , seeing it could no way hinder the preaching , and propagation of the gospell . for although , they had been freed by our sauiour his warrant , what i pray you , had this exemption auailed them to the sowing of the gospell ? or what could those few and poore men haue done more , being in conscience loosed from the band of temporal iurisdiction , then if they were left in their first estate of obedience ? seeing that that priuiledge of liberty , ( if they had obtained any such thing , ) had been hindred and frustrated by the seruile and vniust courses of vnbeleeuing princes and people . but it appeareth both by their doctrine and practise , that they themselues were subiect to princes , like other citizens : for that can not be laied in their dish , whereof christ challengeth the scribes and the pharisies , that they did one thing and taught an other . now they taught christians that the subiection and obedience , whereof we speake , is to be giuen to kings and princes * : for which cause paul himselfe appealed to caesar , and willed all christians to be subiect to the temporall power of the heathen , not only because of wrath , but also for conscience sake . now for that some say , that in that place , s. paul doth not speake of the temporall power of secular princes , but of power in generall , that euery one should be subiect to his superior , the ciuill person , to the ciuill , the ecclesiasticall to the ecclesiasticall , it is a mere cauill , and an answer vnworthy of learned men and diuines . seing in that time there was commonly no other iurisdiction acknowledged amongst men then the ciuill and temporall : and the apostle inspired with the spirit of god , so penned his epistles , as that he did not onely instruct them , that were conuerted to the faith , and admonish them of their dutie , least they should thinke that they were so redeemed by christ his bloud , as that they were not bound any longer to yeeld obedience to any ciuill power , ( which conceit was now wrongfully setled in the mindes of certaine persons , relying vpon the honor , and priuiledge of the name of a christian ) but also that hee might giue the heathen and infidels to vnderstand , that christian religion doth take no mans interest from him , neither is it in any manner contrary to the temporall authoritie and power of kings and emperours . therefore it is cleare , that in that place the apostle ought to bee vnderstood , of the temporall power onely , because at that time , as hath beene said , there was no other authoritie acknowledged : and in that sense haue the ancient fathers euer interpreted the apostle in this place : wherupon s. austine in the exposition of that place , confesseth that himselfe and by consequent in his person all the prelates of the church are subiect to the temporall power : whose wordes , because they bring great light to this disputation , i will set downe entier as they lye . now for that he saith , let euery soule bee subiect to the higher powers , for there is no power , but of god : he doth admonish very rightly , lest any because he is called by his lord into libertie , being made a christian , should be lifted vp into pride , and not thinke that in the course of this life that he is to keepe his ranke , neither suppose that hee is not to submit himselfe , to the higher powers , to whom the gouernment is committed for the time in temporall affaires , for seeing we consist of minde and bodie , as long as we are in this temporall life , and vse temporall things for the helping of this life , it behooueth for that part , which belongs to this life to be subiect to powers , that is , to men , who in place and honour doe manage worldly matters . but of that part whereby we beleeue in god , and are called into his kingdome , wee ought not to be subiect to any man , that desires to ouerthrow the same in vs , which god hath vouchsafed to giue vs to eternall life . therefore if any man thinke , because he is a christian , that he ought not to pay custome or tribute , or that hee need not to yeeld honour due to those powers , who haue the charge of these things , he is in a great error . againe , if any man thinke that he is to be subiect so far , as that he supposeth , that hee who excels in authoritie for temporall gouernment , hath power ouer his faith , he falls into a greater error . but a meane must bee obserued , which the lord himselfe prescribeth , that we giue to caesar , those things that are caesars , and to god , which are gods. here austine comprehends many things in few words which support diuers of our assertions , which are here and there set downe in this booke . for both first he teacheth , that which we haue said , that the profession of christian religion exempteth none from the subiection of temporall power : whereof two things necessarily follow ; whereof the one is , that the apostles and all other christians were subiect to the authoritie of heathen princes and magistrates , and therefore that neither s. peter , nor any other apostle , was endued with any temporal power ouer christians , for that it was wholy in the hands of the heathen , as we haue shewed in this chapter . the other , that it was not lawful for those first christians to fall from the obedience of heathen princes , and to appoint other princes and kings ouer themselues , although they had strength to effect it , ( as bellarmine vntruly thinketh ) q because they were not deliuered from the yoke of temporall power , to which they were subiect , before they receiued the faith of christ , which we will declare hereafter chap. . in a large discourse . thirdly , seeing he speaketh generally of that subiection , and vseth such a speech , wherein he includeth himselfe , and excepts none , he doth plainly enough declare , that clergie-men as well as lay-men are in this life subiect to temporall power : lastly , he deliuereth vs a notable doctrine , of a twofold dutie of subiects , both toward god and toward the king , or the temporall power , in what manner both of them ought to serue , and yeeld that which is right and due , which learning we haue followed in this booke , and in the bookes de regno . therefore let vs lay this downe as a maine ground , that the place of s. paul , which we spake of before , is ment by him onely of the temporall iurisdiction . and yet wee confesse , that that opinion of performing obedience may very truly bee applied to spirituall iurisdiction also , by reason of the generall similitude , and as they say , of the identitie of reason , which holdes so iustly between them g . if then the apostles in those times had no temporall iurisdiction ouer priuate men , that were regenerate and made the children of the church , how can it be , that the successors of the apostles should obtaine that iurisdiction ouer princes , who come to the church ? seeing it is repugnant of the successors part , that they should haue more interest ouer their spirituall children , by vertue of the power ecclesiasticall , then the apostles had , whom they succeed . but on the princes part , what can be spoken with more indignitie and iniustice , then that they professing the faith of christ , should bee pressed with a harder yoke , then any priuate man among the multitude . but priuate men when they entred into the spirituall power of the church ; lost no inheritance nor any temporall interest , excepting those things , which they offered of their owne accord , and conferred to the common vse , as appeareth in the actes of the apostles , h where ananias his lye cost him his life , being taxed by s. peter , in these wordes , whilest it remained , did it not appertaine to thee ? and after it was sould , was it not in thine owne power ? likewise therefore the princes also after they gaue their name to christ , retained entirely and vntouched all their temporall interest , i meane their ciuill gouernment and authoritie . neither doth it a whit helpe the aduersaries cause , to say that the apostles therefore had no temporall power ouer the princes of their age , because they were not as yet made christians , according to that * for what haue i to doe , to iudge those , which are without ? but that the pope now hath that power , because they are made christians and sonnes of the church , because he is the supreme prince and head in the earth , and the father of all christians and that the right order of nature and reason doth require , that the sonne should bee subiect to the father , not the father to the sonne . this reason is so trifling and meerely nothing , that it is a wonder , that any place hath been giuen to it by learned men , for that spirituall subiection , whereby princes are made sonnes of the pope , is wholy distinguished and seperated from temporall subiection so as one followeth not the other , but as a president or consul in the time while he is in office , may giue himselfe in adoption to another , and so passe into the family of an adoptiue father , and into a fatherly power : whereas notwithstanding by that lawfull act , he transferreth not vpon the adopter , either his consular authoritie , nor any thing else appertaining to him by the right of that office ; so kings and princes , and generally all men , when they enter into the bosome of the church , and yeeld themselues to be adopted by the chiefe bishop , as their father , doe still reserue to themselues whatsoeuer temporall iurisdiction or patrimonie they haue any where , free , entier and vntouched by the same right , which they had before , and so the pope acquires no more temporall power by that spirituall adoption , then he had before , which shall be prooued at large hereafter . * to this i may adde , that when the christian common-weale did exceedingly flourish , both with multitude of beleeuers , and sanctimonie of bishops , and with learning and examples of great clerkes , and in the meane time was vexed and tossed by euill princes , euen such as by baptisme were made sonnes of the church , there was not any i will not say expresse and manifest declaration , but not so much as any light mention made amongst the clergie of this principalitie , and temporall iurisdiction of the pope ouer secular princes , which notwithstanding if it had beene bestowed by the lord vpon peters person , or in any sort had belonged to his successors , although in truth or in deed as they speake , they had not exercised it , it had neuer beene passed ouer in so deepe silence and so long , of so many and so worthy men for holinesse and wisedome , and such as for the cause of god and the church feared nothing in this world . who will beleeue that all the bishops of those times , burning with zeale and affection to gouerne the church , would so neglect this part of this pastorall dutie , if so be they had thought it to be a part , ( wherein certaine of their successors haue placed the greatest defence and protection of the faith ) that vpon so many and so great occasions they would neuer vse it against hereticall emperours ? and yet there was neuer any amongst them , who euer so much as signified by writing or by word , that by the law of god he was superiour to the emperour in temporall matters . nay rather euery one of them as he excelled most in learning and holinesse , so he with much submission obserued the emperor , and sticked not to professe himselfe to bee his vassall and seruant . s. gregorie the great , may stand for many instances , who in a certaine epistle to mauricius the emperor . * and i the vnworthy seruant of your pietie , saith he , and a little after , for therefore , is power giuen from heauen to the pietie of my lords , ouer all men , ( he said lords , that he might comprehend both the emperour and augusta , by whom mauricius had the empire in dowrie . ) marke how this holy bishop , witnesseth that power is giuen from heauen to the emperour ouer the pope ; aboue all men , saith hee , therefore aboue the pope , if the pope be a man. now it matters not much for the minde and sense of the author whether he writ this as a bishop and a pope , or as a priuate person , seeing it is to be beleeued , that in both cases hee both thought and writ it , for our purpose it is enough to know how the bishops of that age did carie themselues toward the emperour , for i feare not , lest any learned man alleadge , that gregorie in that epistle did so in his humilitie exalt the emperour , and submit himselfe to him , by a subiection , which was not due to him . because if any sillie fellow doe thus obiect , i will giue him this answere onely , that he offers so holie a bishop great iniurie , to say that for humilitie sake the lyeth , and that he lyeth to the great preiudice of the church and dignitie of the pope , so as now it is no officious , but a very pernicious lye . let him heare s. austine . when thou lyest for humilities sake , if thou diddest not sinne before thou didst lye , by lying thou hast committed that , which thou diddest shun . now that gregorie spake not faignedly , and court-like , but from his heart , those wordes doe testifie , which he writeth more expresly about the end of that epistle of his necessarie subiection and obedience toward the emperour . mauricius had made a law , which , though it were vniust and preiudiciall to the libertie of the church , yet gregorie , receiuing a commandement from the emperour to publish it , did send it accordingly into diuers countries to be proclaimed . therfore thus he concludes that epistle : i being subiect to the commandement , haue caused the same law to bee sent abroad into diuers parts of the world : and because the same law is no whit pleasing to almightie god , behold i haue signified so much to my honorable lordes by this letter of my suggestion . therefore in both respects i haue discharged my dutie , in that i haue both performed my obedience to the emperour ; and haue not concealed that which i thought on gods behalfe . o diuine prelate , and speech , to be continually remembred to all succeeding bishops of all ages . but ô god! whether is that gentle and humble confession banished out of our world ? to which this threatning and insolent speech against kings and emperors hath by little and little succeeded : we being placed in the supreme throne of iustice , possessing the supreme power ouer all kings , and princes of the vniuersall earth , ouer all peoples , countries , nations , which is committed to vs not by humane but by diuine ordinance , doe declare , will , command : &c. which word it is plaine euen by this , that they are false and vaine , because the pope hath neither spirituall nor temporall power ouer vnbeleeuing princes and people , as bellarmine with very good reason sheweth in his bookes of the bishop of rome b : these , and such like fashions as these , who will they not driue into amazement and wonder at so great a change of the popes state and gouernment ? or doe they not giue to all men iust cause to enquire , wherefore the former popes in the most flowrishing age of the church , acknowledged themselues to be the seruants , subiects , and vassals of princes , and obeied their authority in temporall matters , when as they notwithstanding were ouer them in spirituall : and our later popes professe themselues to be lords of all kings , princes , countries , and nations ? in very truth , this matter doth giue no small occasion to many learned men and good catholikes , to doubt of the iustnesse of this change : yea indeed to beleeue that a temporall gouernement so great and so absolute had his beginning in the persons of popes , not from god omnipotent , but from the impotent ambition of certaine men : and that it was not in the beginning conferred from heauen vpon peter , by the lord christ , but was vsurped by certaine successors of peter , many ages after , according to the fashion of the world : that is , certaine popes , hauing a massed huge store of wealth and riches , and fostering their blind ambition and sury , by little and little challenged that greatnesse to themselues , whereby they laboured and stroue , that it might be lawfull for them to take away and bestow , what soeuer kingdomes and principalities are in the world . sure they were men , and as other men are , sometimes too greedy of vanity : as was he , who only for the malice he bare against philip the faire , king of france , set forth a decretall constitution c which brought foorth so many scandalls , so many dangers , that it deserued foorthwith to be abrogated by boniface his successor d now the admirable and miserable assentation of certaine flatterers , gaue increase and nourishment to that vice in them , who by their fond and foolish assertions , such as now these bozian fancies are , affirmed that all things were lawfull for the pope , and that by gods law all things were subiect to him . whereby we may maruaile the lesse , if many of them did so far forget their bishoplike and apostolike modesty , that through a desire to enlarge their power , they encroched vpon other mens borders . of whom gaguinus a learned man and religious taxing by the way , an authority so far spread , and vsurped , as he calls it . e therefore so great saith he , is their height and state , that making small reckoning of kings , they glory that they may doe all things . neither hath any in my time come to the popedome , who , hauing once got the place , hath not forthwith aduanced his nephewes to great wealth and honor . and long before gaguinus s. bernard : f doth not in these dates ambition , more then deuotion weare the thresholds of the apostles ? f vpon this occasion platina . g in this manner dieth that boniface , who endeuoured to strike terror rather then religion into emperors , kings , princes , nations peoples : who also laboured to giue kingdomes and to take them away , to famish men and to reduce them at his owne pleasure . and the same gaguinus in another place : h such an end of his life had boniface the disdainer of all men , who little remembring the precepts of christ , indeuoured to take away , and to bestow kingdomes at his pleasure : when as he knew well enough , that he stood in his place here in earth , whose kingdome was not of this world , nor of earthly matters , but of heauenly , who also had procured the popedome , by subtelty and wicked practise , and kept caelestinus in prison , while he liued , ( a most holy man ) of whom he receiued honor . chap. iv. now i do chiefly find two things , which seem to haue giuen vnto the popes the opportunity to arrogate so great power to themselues . the one is , the very great honor , which ( as indeed there was reason , ) was giuen to the chiefe pastor of soules , by princes and christian people , and yet ought to be giuen to him : and the forestalled and setled opinion of the sanctity of that sea of the blessed apostles peter and paul , which is conspicuous and excelleth amongst all men in all spirituall honor and authority : and in that respect hath been beyond all other most increased and honored with wealth and riches . by these meanes all men , were very easily perswaded to beleeue , that neither the pope in regard of his holinesse would challenge to himselfe any authority , which did not appertaine vnto him : and also , that it was not lawfull for a christian man in any manner to disobey the popes commandements . whereby it came to passe , that sundry popes , whose mindes were too much addicted to ambition and vaine glory , embouldned and hartned through the confidence of this so great reuerence and affection of men towards them , drew to themselues this power ouer kings , which was vtterly vnknowen to the first successors of peter . the which also passed the more currant by reason of the preoccupate and now engrafted conceipt of the people and ignorant folke , who being possessed of this opinion of holinesse , did verily beleeue that the pope could not erre , either in word or deed : and also , by the writings of certaine cleargy men catholikes , and canonists , who either erring through ignorance of the truth , or wholly resolued into flattery of their prince the pope , of whom they did depend , did heape and lay vpon his only person , all the power , which is in the vniuersall world , with these allurements and inuitations the popes , who of their owne accord ran with speed enough toward honor and greatnesse , were now much more enflamed as it were with certaine new firebrands of ambition and aspiring thoughts . for all , how many soeuer held that sea lawfully , gouerned the church with an authority * equall to peter : but not all of them burning with the zeale of peter , gouerned it with equall disposition to him . nay i can not write it without griefe of heart it is certaine , that many crept into that place by violence and villany , others did breake into it , and defiled the most holy chaire with the filthinesse of their liues and behauiour : others also ; who were aduanced to the height of that dignitie , burned with an ambitious desire of ruling , and out of their emulation and enuie against secular kings and princes , endeuoured by all deuise and cunning to enlarge the bounds of their gouernment , which in the beginning was meerely spirituall , with the encrease of temporall iurisdiction and authoritie . which affectation , although at the first diuers supposed to be a grace and ornament to that great dignitie , which the vicar of christ in earth , and the successor of blessed peter doth hold , yet when some of them grew to that insolencie , that they supposed it lawfull for them not onely to throw downe kings from their thrones , but also to giue away great and goodly kingdomes , for reward , nay for a pray , and to grant them to any that would seaze vpon them , then surely there was no reasonable man , but hee greatly misliked that vnreasonable pride of minde , and either shed teares , or conceiued great anger at the same . who was there at that time that did not either mourne inwardly , or gnash his teeth in his head , when that most proud pope whom we mentioned before , presumed so arrogantly to depriue that most mightie monarch philip the faire of his kingdome , and to bestow it together with the empire vpon albert duke of austria ? and that for no other reason in the world , but because the king had laid his legate by the heeles , for threatning him in so saucie manner as he did , as though by that act , the king of france , ( whom a little before innocent the had ingeniously confessed that he had no superiour in temporall matters ) he had resigned his kingdome to the pope as client and feudaire to him , for so he denoūceth to the king by the archdeacon of narbona , that the kingdome of fraence , was escheted to the church of rome for his contumacie , and violating of the law of nations , which speach of his , what doth it else imply , but that this kingdome , in all mens iudgement the most free and flourishing kingdome of the world , and by example and precedent thereof , all other christian kingdomes , are as benefices and feudes of the church of rome , and euen of the pope himselfe ? seeing they could not otherwise escheate to that church for contumacie & felonie , ( as they tearme it , ) vnlesse the direct temporall dominion and fee of those kingdomes were in the same church . the other occasion of affecting so great a temporall iurisdiction was presented by the sword of excommunication , the principall bulwarke of the spirituall gouernment ; which was so great terror to the world , that the people , durst neither neglect nor contemne the popes curses ; being armed & fortified howsoeuer by right or by wrong , with the thunderbolt of excommunication : and this voice did vsually sound out of pulpits , that euery excommunication , although it were vniust was to be feared , and that it belonged only to the pope to iudge whether it were iust or vniust . besides that also , that a man ought neither to eat , nor to haue any commerce with excommunicate persons k . with which warnings and threatnings the subiects of princes excommunicate being for the most part terrified , did fall from their obedience : and that which in euils of this nature was the worst of all , the pope partly by threatning of the like curses partly by perswasions and gifts , raised other princes against a prince that had been excommunicate by him . for this cause those princes vpon whom this malice of the popes did sit so hard , being wrapped in so many dangers on euery side , and exposed to such a hazard of their estate , made choise rather to pacific an angry pope with the submission of their crowne and scepter , ( and to redeeme their vexations ) then for their owne particular to embroyle all the world , and to set all a fire with sedition and armes . this short and compendious way had popes , to exanimate and daunt kings and princes with feare , and almost to obtaine a victorie without striking stroke . notwithstanding many princes of good resolution withstood such attempts and proffers of popes , and that so stiffely , that the mischiefe which followed thereon turned rather to the popes hinderance then the prince . but in this place the reader may please to be aduertised , that this opinion which was so rife in euery mans mouth , that euery excommunication is to be feared , ought to be vnderstood with this exception , without that it manifestly appeare , that it is vniust , for then it is neither to be regarded , nor feared , so as the partie excommunicate be free from contempt and presumption , for then it workes backwards , and hurts not him against whom it is cast , but him , from whom it is cast . of which sort that excommunication seemeth to be , which is charged vpon subiects because they obey their king or prince being excommunicate in those things which belong to temporall iurisdiction , and doe not repugne the commandements of god , as shall hereafter be declared in a more conuenient place . l besides neither is that alwaies true , that we ought not to haue commerce or eat meate with excommunicate persons , for in this case it is not true , where the danger is apparant , least by such a separation some great mischiefe arise in the church as vsually it doth , when a prince is excommunicate , if his subiects forbeare to communicate with him , for there is neuer any prince so much forlorne , who cannot finde friends and clients , by whose aide and armes hee may maintaine his cause , although it be neuer so vniust , with great hurt both to church and common-weale , whereof both in the memorie of our forefathers and in our owne age , there haue beene lamentable examples in christian countries : where i say any such thing is feared , a separation of bodies is not necessarie , but it is enough to be seuered from such in heart , to be distinguished by life and manners , for the preseruation of peace and unitie , which is to bee preserued for the health of those , which are weake : as s. austine excellently teacheth , m whereby it seemeth to follow , that the pope doth very vnaduisedly , who forbids the subiects communion and societie with their prince so oft as no small both diuision and confusion hangeth ouer church and common-wealth , yea that in such a case the subiects are not bound , to obey the pope commanding the separation of their bodies . but of this matter more in his place . by these and the like , it appeareth , as i said , that the popes in the east times of the church vsurped to themselues this temporall power ouer princes which none of all their ancesters did euer acknowledge neither in the first nor in the middle times . and indeed gregorie the . being exasperated partly with the publike offence of henry the . the emperour , and partly with a priuate iniurie , did first of all challenge to himselfe , that right and power to giue and take away kingdomes , affirming that christ did giue to peter and his successors , all the kingdomes of the world : in this verse , petra dedit petro , petrus diadema rodolpho . but gregorie raised nothing of that action but bloudy and raging tragedies : and was hindred by force and armes that he could not effect his vnhappy designes . now that the church in her first times had no such power , nay did not so much as suppose that she had any such power , it is clearely prooued out of that epistle of hosius , which wee alleadged to constantius infected with the arrian heresie : and also vexing liberius bishop of rome and other orthodoxall bishops with banishments and sundry other miseries , for in that place , that worthy man speakes , not in the person of a christian man , nor of a simple bishop , but in the name of the whole ecclesiasticke order , and euen of the pope himselfe : and hee saith either true or false : if true , it is euident , that the church at that time conceiued , that they had no temporall iurisdiction ouer kings and christian princes , no not for heresie , which is the most grieuous and pestilent crime that is . if false , wherefore ? that he might flatter the emperour ? very like : how then could he thus say , loquebar de testimonijs tuis in conspectu regum & non confundebar n . or because he knew not the truth of the matter , and the doctrine of the church ? surely i thinke no man will ascribe that to such a man , who did not onely match the most of his age in learning and eloquence , but also by reason of his yeeres exceeded them all in experience , who hauing often been present at councels and assemblies of the holy fathers , and heard their iudgement : of the power and authoritie of the church ; could not be ignorant what was there determined touching 〈◊〉 princes , and the power of the church ouer them . i adde also that , which passeth all the rest that this iudgement of this most noble confessort to constantius is commended by s. athanasius , but neuer misliked by any of the holy fathers either of that time , or of the ages following , that we should iustly conceiue any preiudicate opinion of this iudgement . chap. v. i haue alreadie sufficiently discoursed of the follie of bozius . and the canonists who affirme that the dominion and empire of the whole world is giuen to the pope by the law of god. for i need not spend much paines in resuting the same , since it is long agoe hissed out by the common consent of the diuines . now let vs passe ouer to the other opinion , which the diuines , misliking that of the canonists haue substituted in the place of this reiected fancie , and let vs see whether it agree with the truth . now he hath propounded it thus in the first chap. that the pope hath temporall power indirectly , and after a certaine manner , that is , in respect of his spirituall monarchie : hath i say , the chiefe power euen temporall , to dispose of the temporall estates of all christians . which opinion if it bee true , whatsoeuer is drawen from the bishops by the denial of direct power , the same is largely restored to him by this oblique and indirect way of ruling . but i am afraid it is not true , and that it is assaultable with the same engine wherewith that opinion of the canonists was battered to the ground . for the diuines , and aboue the rest bellarmine learnedly doth for this reason reprooue the canonists opinion , which giues to the pope the dominion of the whole world , and to kings and secular princes the execution onely , and that committed to them by the pope , because the popes themselues doe freely confesse ( as is expressed in diuers of their letters ) that temporall empires and kingdomes are giuen to princes of god : and whatsoeuer either power or execution kings and emperours haue , that they haue it of christ. from whence the same bellarmine concludes that argument very finely against the canonists in a dilemma , or perplexed maner of reasoning . a therefore i aske ( quoth he , ) either the pope can take from kings and emperours this execution , as being himselfe the supreme king and emperour , or he cannot : if he can , therefore he is greater than christ , if he can not , therefore hee hath not truely this kingly power . and why may not wee aswell vse an argument of the same kinde against this other opinion of the diuines ? kingdomes and empires are giuen by god , as many holy popes doe witnesse : for which cause s. gregorie in a certaine epistle to mauricius the emperour b , beginneth in these words : our most sacred lord , and appointed of god : and in another to constantia augusta : therefore your piety , ( saith he ) whom with our soueraigne lord , almightie god hath ordained to gouerne the world , let her by fauouring of iustice returne her seruice to him , of whom she receiued the right of so great authoritie . what should i vse many words ? the scripture it selfe witnesseth , that kings and emperours receiue power from god , whose vice-gerents they are therein , as saith lyranus vpon that of wisedome , . power is giuen to you from the lord , and vertue from the highest , who will inquire into your works . why then should not a man vse a dilemma out of bellarmine against bellarmine . the pope can one way or other , that is , directly , or indirectly , take away kingdomes and empires , from kings and emperours , and giue them to others , or he can not : if he can , he is in some manner greater than god , because he takes away that , which god hath giuen : for one that is lesse or equall , cannot take away that , which is granted by his greater or his equall : nay nor the deputie or vicar of him who granted , without the expresse commandement of the lord : least any man should lay in our way , that the pope as christs vicar doth it . whereas it can be no where found , that he hath receiued any warrant touching that matter , either expresly , or by implication , as by those things which follow will easily appeare . if hee can not , then it is false which they say , that he hath supreame power indirectly , to dispose of all the temporalties of christians , and to depose kings and emperours from their thrones , and to suffect others in their places . i would they would consider how their owne argument doth wringe them , and not this onely , but also another of greater force , which we reported aboue out of the same booke and chapter of bellarmine ; the which also in this place we will and that by good right fit to our purpose in this maner . if it be true that the pope hath temporall power indirectly to dispose of the temporalties of all christians , he hath the same either by the law of god or of man. if by the law of god , that should appeare by the scriptures , or surely by the tradition of the apostles . out of the scriptures we haue nothing but that the keyes of the kingdome of heauen were giuen to the pope , of the keies of the kingdome of earth there is no mention : as for tradition of apostles , the aduersaries produce none , neither canonists nor diuines . if by mans law , let them bring foorth their law , that we may be all of the same opinion with them . but if they shall say , that they neede neither expresse word of god , nor tradition of apostles for the confirmation of this power , since it appertameth to the pope onely indirectly and by a kinde of consequence , as a certaine and inseparable accession , and appurtenance of that spirituall power , wherewith the supreme pastor of soules is indued ouer all the sheepe of the christian flocke : we also will require of them some testimonie of this accession and coniunction , either out of scriptures or traditions of apostles : wee doe require i say , that they teach vs either out of scriptures or tradition of apostles , that this is an accession and consequence necessarie and inseparable to that spirituall power which the pope hath , and that it belongeth to the popes office in some manner : that is indirectly , as they speake , to dispose of all temporall matters of christians : seeing it is verie vnlikely , if that belongs to his office , that so great an extent of power , and which there is nothing higher amongst men hath beene omitted in so deepe silence in the church so many ages , both by christ our sauiour , and also by the apostles , and their successors : for if each power may be seuered from other , the spirituall from the temporall , and contiarily , there will be some place for that opinion , which determines that that which is not permitted to be done directly , cannot be done indirectly : for so haue wise men defined , as oft as any thing is forbidden to bee done directly , that the same can neither bee done indirectly or by consequence : vnlesse that which is forbidden doe follow necessarily to another thing lawfully permitted , so as the thing permitted cannot proceed without the thing prohibited , and vnlesse ( as i may speake with the ciuilians ) the cause of both be so commixed , that it cannot be seuered e . whereby it is concluded that hee who is alone cannot alien any thing , cannot yeeld to a sute moued vpon the same thing f , for that by this meane he should obliquely & indirectly alien . therefore if the pope as he is pope hath no temporall power directly ouer christians which they do grant , it seemeth to be proued by the former sentence of the law , that he can haue none not so much as indirectly . therefore that they may perswade men to their opinion , they ought to bring testimonie out of scriptures or traditions of apostles , or at least make plaine that this temporall power whereof they speake , is so ioined with the spirituall , that by no meanes it can be pulled and diuided from it , i meane that the spirituall cannot consist without it . which because they could not performe , they haue followed nothing but vncertaine opinions , and such reasons as seeme not sufficiently to conclude , that which they assume , which we will examine in their order and place . chap. vi. the former opinion of the temporall power , which they say the pope hath indirectly , is vehemently shaken euen by this that neither practise nor example , nor any mention of such a papall power hath been heard of the space of a thousand yeeres in the church , when as in those times many christian princes did abuse their kingdomes and gouernments impiously , cruelly , peruersly , and to the great preiudice and mischeefe of the church : whereof one of the two must needs follow , that either the bishops of those times were wanting to their duties , or that the bishops of the times ensuing did and at this day doe gouerne the church with greater power and command , because these later haue openly challenged to themselues this temporall power , and haue endeuoured to pull the same in and at their pleasure ouer kings and princes : but the former haue not at any time acknowledged that any such right belongeth to them : i am not ignorant , what answers haue been made by diuers to excuse those first pastors : but i know that they are such , that if they be diligently examined they can not be allowed by the opinion of any indifferent iudge . there came foorth a booke printed at rome the yeere of our lord . published vnder a fained name of franciscus romulus , with this title : an answer to certaine heads of an apologie which is falsly intituled catholike , for the succession of henry of nauar into the kingdome of france . the author of which booke , whome bellarmine knowes and loues very well , labours to take away this most important obiection , by the change of the state of the church , and by the diuerse reason and condition of times and persons which oftentime brings in diuersity of law a . for thus he saith . and now where as the aduersarie obiecteth in the fourth place , touching the custome of our ancestors , who endured many hereticall princes , as constantius and valens , arius , anastasius an eutychian , heraclius a monothelite , and others besides , it makes nothing to the matter . for the church ought not rashly and inconsideratly to abuse her power . moreouer it falleth out not very seldome , that the power of certaine kings is so great , being also ioined with wickednesse and cruelty , that the ecclesiasticall censure neither profiteth any thing to restraine them , and doth very much hurt to catholike people , vpon whom these princes prouoked do rage the more . for i pray you , what had it auailed the church in times past if she had assaied to excōmunicate & to depose either the ostrogoth kings in italy , or the visegothes in spain , or the vandales in afrik , although she might haue done it very iustly ? and the very same ought to be vnderstood of constantius and valens , and others aboue named , and indeed then the times were such , as that the bishops ought rather to haue been ready to suffer martirdome , then to punish princes . but when the church perceiued , that now some place was opened to her power , either with the spirituall profit of the princes themselues , or at least without the mischeefe and hurt of the people , she was not wanting to her selfe , as the examples alleadged before doe prooue . for thus the church iudged that leo isaurus was to be depriued of halfe his empire , and henry the fourth of the whole , and childerike of the kingdome of france , and indeed afterward both leo wanted part of his empire , and henry the whole , and childerike his kingdome of france . therefore the church did not therefore tolerate those ancient emperors constantius and valens and the rest , ( as the aduersary dreameth , ) because they succeeded lawfully into the empire , for otherwise she had also borne with leo also and henry , and childerike , who succeeded no lesse lawfully , but because she could not punish them without the hurt of the people , these she might . thus he , in which words he yeeldeth a double reason of the diuersity , wherefore the church endured constantius , iulianus ; valens , valentinianus the yonger , anastasius heraclius , and other hereticall princes , but did not forbeare leo isaurus , henry iv. childerike , and the dangerous princes of the ages ensuing : one forsooth , because then the times were such as the bishops ought to haue been ready rather to suffer martirdome , then to punish princes . the other because the church or the pope , could not without the hurt of the people punish constantius . iulianus , valens , and the rest of that sort aboue mentioned , but as for leo , henry , childerike and the others she could ; therefore them she endured , these she endured not . but let vs see if both the reasons of this diuersity be not false , and grounded vpon mere and strange falshoods , and yet none hath assigned any better , nor as i thinke can assigne any , saue only that , which doth vtterly ouerthrow the cause of the aduersaries , which is that the church did tolerate those former emperors , and princes , because as yet that blind ambition was not crept into her , by which the succeeding popes caried away with greedinesse of glory , vsurped that temporall iurisdiction whereof we speake . therefore that the bishops of that time being contented with their spirituall iurisdiction , which they exercised with indifferency vpon all persons , did wholly forbeare the temporall power , which they did know that it belonged not vnto them : so recommending the cause of the church to the iudgement of god , did with humility and patience expect the conuersion or confusion of wicked princes . but i returne to the reasons giuen by this author , that we may see , how faulty they are . and indeed to deale plainly , his former reason or cause of diuersity seemeth to me very vnworthy and vnfit to be alleadged by any catholike , much lesse by a diuine , which i euen for this cause haue much a doe to read without teares . for what ? are we fallen into those times where in bishops ought rather to be souldiors , then martyrs : or to defend the law of god & the church rather by swords then by sermons ? but he saith not so , may some say . what then ? either he saith nothing , or all together some such thing . for his meaning is , that the difference of these and those former times , as touching the coertion of princes , consisteth in this , that then the bishops ought rather to haue been fit to vndergoe martirdome , then to reduce princes into order . which being so , who can not easily perceiue by his proper iudgement , and naturall logike that either this reason stands not vpon dissimilia , that is termes of vnlikenesse , or that is to be placed in the other part , which we haue set downe . and yet , i dare boldly affirme , that there neuer time fell out since constantine the great more opportune and more necessary for bishops to offer themselues to martirdome . the lion euery where gapeth for his pray , the wolfe stands watching at the sheepfolds ; most mighty kings and princes , many nations and people , buckle themselues and arme against the flocke of christ , and doth this man thinke , that the time doth not require , that the bishops should not expose themselues to martirdome , and lay downe their liues for the sheepe ? what when the church flourished , and was spread , thorough the whole world , the bishops ought to hope and looke for nothing but martirdome : and now , when matters are come to this passe , that the church is grieuously tossed and tumbled , and as it were crouded into a corner of europe , may the bishops bend their mindes without all feare of danger to punish princes and not rather to suffer martirdome ? what , because in these daies , they maintaine great traines and retinues , and troopes of horse and foote , to defend themselues , their liues , and persons , and by force and armes to deliuer the church from the iniurie of so many princes and people that spoile her ? or rather because now adaies , very few vndertake the bishoprickes with that minde and condition that they should be encombred and vexed with those troubles either of minde or bodie , which good pastors ought to suffer * in persecutions and confession of the faith : but that they may passe their life with case and pleasure : and that they may aduance and magnifie their owne house and bloud by the goods of the poore and patrimonie of christ ? or lastly , because that being hirelings and mercenarie pastors , they doe beleeue that it is very lawfull for them , when the wolfe comes and teares the flocke , to take their heeles , and to auoide martirdome ? i doe not bring forth these things to cast iniurie or enuie vpon the ecclesiasticall order , which i euer reuerenced and honoured from a child . neither doe i doubt but there are many who doe keepe most carefully and watchfully the flocke committed to them , being ready vpon all occasions euen with their bodies to defend the sheepe committed to their keeping , and with their bloud to seale the confession of christ. but i speake all this in reproofe of the former answere , and with all to their shame , who now in euery place affect the dignities of the church , without any purpose of life fit for the church , but that they themselues may liue brauely and gallantly , and that they may consume that wealth , which the puritie of an ecclesiasticall life doth well deserue , vpon vses either vnlawfull , or surely not necessarie , very dishonestly and to the great scandall of the church . o the times ! o the manners of men ! the greatest part of the christian common weale , within these hundred yeeres , or there abouts , is vtterly perished . euen by this very meane that many bishops and priests , being more forward to armes then to martirdome , haue vnaduisedly followed the meaning of the former answere : supposing forsooth that which was not so , that heresie might easily bee oppressed by armes , while themselues in the meane time held their owne course of life , that is , cherished their owne former pleasure and slothfulnesse . therefore they saw the wolfe comming and fled away and many of them fled to the wolues themselues . i speake no secrets now , scotland and england are my witnesses , and other countries which are slipped into* heresie , wherein although many resisted manfully , yet the greatest part of the church-men did not endure so much as the first assault , but presently in shamefull manner put in practise their treason and defection , partly that they might enioy the fauour to liue freely which was both promised and permitted vnto them by the nouators , partly , least that , they being depriued of all their present meanes , should fall to beggerie : whereas , if like those first fathers in times past , they had bent themselues to martirdome , they had in the very infancie destroied that most horrible monster . it may bee , that the author of that booke , wrote such things of a good minde , and without any fraud : but surely it cannot bee , that as the state of the church affaires doth now stand , they should be thought to be of any weight or moment . for when as all the world almost , was bound to the catholike church , velut nexu man●ipioque as the ciuilians say , that is , by the straitest bands of seruice and dutie , euen then saith he were those times such , as wherein the bishops ought to haue beene more ready to haue suffered martirdome , then to haue enforced princes to order : and now , when partly infidels , partly heretikes haue spread ouer all asia , afrike , europe , one or two kingdomes onely excepted , and that the church is reduced almost to so great straites as euer it was , he is not of the minde that the bishops are required by the same necessitie to performe this dutie . but surely this is too much either negligence in searching , or indulgence in iudging and aduising ; neither ought a learned man and a diuine as the author seemeth to be , to open to the prelates of the church , who are as it were by a certaine storme caried into the same licence of liuing , i say to open them so easie a way to forsake their dutie , that they may suppose , that they ought not to be so ready in these daies to martirdome , as to raise warre against euill princes , who it is certaine that without warres , they can neuer be reduced into order , and depriued of their kingdomes . how much righter were they ( who whether they were the first of the iesuites , or of some other order , for i haue it onely by report ) presented themselues to the cardinals at rome , and euen as they passed in state according to the manner , did very sharpely reprooue their effeminatenesse , their ryot , & their carelesnesse , because that the most turbulent tempest of the lutherane heresie being risen a little before , that time taught the prelates of the church an other manner of life , and required other fashions at their hands . therefore by these it is plaine , that the author of the answere is much deceiued , in laying the reason of the difference in the dissimilitude of those ancient and these times , as far as concernes the dutie , state and condition of the bishops and prelates of the church . chap. vii . the other reason which he brings in , is nothing better . that the church forsooth did not therefore beare with constantius valens and others , for that they lawfully succeeded in the empire , no more than they did with leo , henrie , and childerike , which no lesse lawfully succeed , but because she could not without hurt of the people correct them , these she could . for this is most false , and i woonder that bellarmine followed this reason elsewhere a . i say , it is most false , that the church could not coerce and chastise them as easily as these , i will not say more easily , and without the hurt of the people , whether she would haue attempted the matter by armes , or vse some policie , and the meane of some deuout person , for at this time the whole world was christian , vnder constantius , ( as is euident by a letter of constantine the great , to the church recorded by eusebius and nicephorus , ) and the greatest part of it orthodoxe : so as they wanted not strength to oppresse the emperour , if they had held it lawfull or godly to take vp armes and contend against a lawfull prince . and truely it is credible that god would honour with a victorie both easily and not very costly for bloud , his owne souldiers who should vndertake such a warre , not of hatred or ambition , but of a meere zeale to preserue the church from ruine . moreouer there was a great multitude of monkes in egypt and lybia , and an innumerable companie of other godly men of all sorts swarmed all ouer asia and europe : amongst whom no doubt there were many of no lesse zeale , then that wretch who murdered henry the king of france , but furnished with more knowledge and grace , whereby they prescribed a meane to inconsiderate , headlong and rash zeale . these men if it had beene lawfull , might easily haue dispatched the emperour , without tumult of warre , and noyse of armes , and if so be the church had had any power ouer him , they might haue put the same in execution , without any harme to the people . what should i speake of iulianus the successor of constantius ? could not the church thinke you chasten him without any harme at all to the people ? when as being a shamefull apostate , and such a one as neuer was found amongst christians , he had his whole armie which he cōmanded consisting of christians , for euen after his death , when iouinianus being by generall consent chosen emperor , had proclaimed that himselfe was a christian , & therfore that he would not cōmand an army of infidels d , the souldiers answered , and generally cried out , neuer feare noble emperour , neither doe you refuse our gouernment , as vnwoorthie : for you are like to be a commander of christians , who are brought vp in the discipline of pietie , for we are christians : and those which be of the elder sort learned constantinus his instruction , & the younger sort of constantius . neither did he that died last rule so long time , as could serue the turne to settle the poison in those few that had been circumuented & abused by him . i could wish that both the author of that booke , & the reader of this , would consider diligently . whether the church seconded with so great power , had not been able with ease to take that emperour away , without any harme of the people : especially seeing the emperors were at that time created by the souldiers alone , who amongst those first times of religion , and hope of martyrdome , esteemed nothing more honorable , then to beleeue and obey their prelates : deliuering to them the law and will of god. now if they had learned in those schooles of the most holy fathers , that it was lawfull for the church to depriue a wicked prince of his gouernment , and that it is lawfull for such subiects to take away and murder such a ruler , either by open force , or secret practise , there was nothing more easie for them then to depriue iulian of his empire , or take away his life , and without any tumult , or danger , or publike losse to suffect an other at their pleasure in his place . for now the right of nominating the emperour , was by long custome supposed to belong to the armie , as also in very deed , iouinianus first , and after valentinianus , both confessors of christ , after the death of of iulianus , were both aduanced to the empire by the same armie . nay what will you say , that although the whole armie would not haue conspired against the enemy of christ : yet those souldiers alone whom we mentioned out of nazianzen in our books de regno * , together with iouinianus the confessor , would with little a doe haue destroied iulianus . whom if you consider their valour and resolution , the vse and experience of armes : if opportunitie , the easie accesse of souldiers to their commanders in those times , if disposition , the feruent heat of their mindes burning with desire of martyrdome , and vndertaking any thing for the defence of the faith , would haue made them much more ready and eager to deliuer the church by some notorious action , from the treacherie and tyrannie of such a villanous person , much more i say , then any precipitate rashnesse could set on a brainsicke and furious monke . what may we thinke ? that the christians of that time did heare the famous trumpets of the gospel , athanasius , basilius , both the gregories , cyrillus , epihanius , hilarius , hosius , and many other bishops excelling in vertue and learning , who by reason of their learning could not be ignorant what interest the church had ouer princes , and if they had knowen and vnderstood the same , by reason of their great sanctitie of life , and constancie in aduersitie , would not haue held their peace , and dissembled the same , in so importunate a businesse to the christian common-weale . what may wee thinke that those diuine prelates taught the people , that there was no remedie against that apostata , but in patience and teares ? for so saith nazianzenus . f these things ( saith he ) did iulianus intend , ( he speaketh of those things which the apostata meditated against the church ) as his minions and witnesnesses of his counsels did publish , notwithstanding he was restrained by the mercy of god , and the teares of the christians , who were in great abundance , and by many powred out , when as they had this onely remedie against the persecutors . i beseech you reader , that you would obserue & consider nazianzenus well in this place . he affirmeth that the christians , that is , the church had no remedie besides teares , against the persecution of iulianus , when as notwithstanding it is certaine , that they had at their seruice the whole armie of iulianus . therefore surely this pope , who for his singular excellencie , was called the diuine , did not thinke that the church hath any power ouer a most vngodly emperour ; to raise the christian army against him : otherwise it were false , that christians or the church had no other remedie but teares against a persecutor : for they had an armie , which being commanded by the church , would easily for the cause of god haue fallen away from iulianus . now that which we said of constantius and iulianus , that without great difficultie they might haue beene brought into order by the church , and depriued of scepters and life , without any harme to the people : the same is much more apparent in valens and valentinianus the yoonger . for the chiefe commanders and captaines of valens his armie were good catholikes , by whom hee managed all his warres , being himselfe an idle and slothfull prince : and those were terentius , traianus , arintheus , uictor and others , who constantly professed the catholike faith , and boldly vpbraided the emperour to his face with his heresie , and impietie against god : but in so religious a libertie they held their hands , neither did their heate and anger proceed beyond the bounds of admonition : because they knew it was their dutie onely to tell the prince his faultes , but not to punish the same . therefore in all matters which belonged to temporall gouernment , they yeelded obedience to this heretike , whom they might easily haue remoued , and to the great good of the afflicted church , haue reduced backe againe the whole monarchie to ualentinianus a catholike prince , from whom it came . could not these commanders of his forces conclude a league amongst themselues , against their prince , being an heretike , if it had beene lawfull for them so to doe ? was it not more profitable for the church that an heretike emperour should not gouerne catholikes ? or did the church all that time want learned and watchfull pastors , and by that meanes either neglected or did not vnderstand her temporall interest ? for what , which onely remaines to bee said , no age did euer beare christians more obedience and dutifull to their prelates , then that did : that if so bee the church had wanted not the power to sway princes in temporall matters , but the execution onely of that power , the people and armie would not haue beene long before they had deliuered her from the tyranny of constatius , iulianus , and valens . to which , the worthy testimonie of s. augustine giues faith , registred among the canōs , h iulianus ( saith he ) was an infidel emperour : was he not an apostata , vniust , an idolater , christian souldiers seruedan infidell emperour : when they came to the cause of christ , they acknowledged none but him that was in heauen : when he would haue them to worship idols , to sacrifice , they preferred god before him . but when he said , draw foorth the companies , get you against that countrey , presently they obeied . for they distinguished their eternall from the temporall lord : and yet for their eternall lord his sake , they were subiect euen to a temporall lord. who doth not see in this place , that it was the easiest matter in the world for the church euery maner of way to chastise iulianus , if the had had any temporall power ouer him ? for then the cause of christ had come in question , in which case the souldiers would preferre christ before the emperour , that is , the eternall lord , before the temporall lord , for the churches cause is the cause of christ. therefore either the bishops of rome , or the popes , and euen the whole church , did then beleeue for certaine that they had no temporall iurisdiction in any sort ouer secular princes , or surely they were wanting to their office , nor did they so carefully prouide for the flock committed to their charge , as now after many ages our last popes haue done , who maintaine very earnestly that it belongeth to a part of their pastorall office , to chastise all princes and monarches , not onely for heresie or schisme , but also for other causes , and that with temporall punishment , and euen to spoile them of their empires and kingdomes , if it shall please them . whereas otherwise neither they are to be compared with those first bishops for holinesse of life and learning , and the christian people in these times is not so obedient , as in those first times they were . wherefore if we loue the truth , we must confesse , that no man can either accuse or excuse the bishops of both times in this point , without preuarication or calumniation , the praise of each will turne to the dispraise of the other . but let vs goe forward . chap. viii . valentinian the yonger , of all who to this day gouerned not onely an empire , but kingdome or any principalitie might most easily haue beene coerced and bridled by the church , for he might haue beene not onely thrust out of his empire at the commandement of the chiefe bishop , that is , the bishop of rome , but euen at the becke and pleasure of a poore bishop of millane , ambrose , be forsaken of his owne souldiers and guard , and be reduced to the state of a priuate man. before day , saith ambrose a , as soone as i set my foote out of dores , the palace was beset round about with souldiers : and it is reported that word was sent the emperour by the souldiers , that if he would come forth he should haue leaue , but yet that they would be ready to attend him , if they saw that he did agree with the catholikes : otherwise that they would passe ouer to the companie that ambrose gathered . not one of the arrians durst come forth , because neither any of them were citizens , a few of them of the princes house , and many of them gothes , who as before they had a carte for their house , so now a carte is their church . and after in the same epistle speaking of himselfe . i am called a tyrant , quoth he , yea and more then a tyrant , for when his friends intreated the emperour , that hee would come out to the church , and told him withall , that they did it at the request of his souldiers , he answered : if ambrose command you i will deliuer my selfe to be bound . what say the aduersaries to this ? is not this one place enough to stop all mens mouthes ? i omit that maximus comes marching into italie with a great armie gathered out of the parts of britaine and france , to prouide , as hee pretended , that catholike religion should receiue no further harme : and that the churches now corrupted by ualentinianus might be restored to their former estate ; the which also he signified by letters to ualentinianus himselfe , which notwithstanding was not his onely end : but ( that which in our age hath beene practised by diuers ) with this colour of pietie he couered his burning desire of raigning , for he was determined hauing now killed gratianus at lyons , to inuade ualentinianus his empire . therefore ualentinianus terrified with his comming fled out of italie into illyrium to theodosius emperour of the east . a matter worth the noting ; an heretike being chased by a catholike flies for succour to a catholike ; of whom he is both rebuked for his heresie , and for the reuerence of his maiestie courteously receiued , and restored to his kingdome . and because the church did not commend rebellion for religion sake against a lawfull prince , maximus was called neither reformer of the empire , nor restorer of the church , but a rebell and a tyrant . seeing these things stand thus , i would now wish the aduersaries that they would forbeare to abuse vs with their deuise and inuention , or at least to tell vs , whence they haue it . haue they read any where in any good author , that the christians did then so much distrust their strength and power , as that they durst not so much as attempt that , which if they had resolutely vndertaken , they had easily effected ? or that they made a proffer at the least , but when they had tryed the fortune of the warre , and all other humane meanes , at last yeelded and lay downe vnder these wicked princes ? or were they so very destitute of learned preachers and trumpets of the gospell , that they did not vnderstand , what power the bishop or people had ouer a peruerse and hereticall prince ? what , did the heate of religion and the zeale of the house of god faile them ? let the aduersaries vnfould the memorie of all records , and turne ouer and peruse as long as they will writings ecclesiasticall and prophane , beleeue me they shall neuer finde that the church in those times ( wherein it was much more powerfull than now it is ) did euer endeuour any thing to the mischiefe of princes , although they were wicked , or euer went about to disanull their gouernment , as hath beene plainly and plentifully prooued by vs in our bookes de regno c . but cleane contrary by these things which we read in the writings of the holy fathers , of the power of secular princes , it is most certaine that all in that age did thinke that no temporall power did in any manner , nor for any cause appertaine either to the bishop of rome , or cheefe bishop , or to the whole church , but that for temporall punishments , they were to be left to the iudgement of god alone . and this as it seemeth was the cause , why those fathers did so seldome and that by the way make any mention of the liberty and impunity of princes : because indeed in those times there was no controuersie about it , but one iudgement of all men , which euen from the preaching of the apostles they receiued in a manner by hand : that a prince in temporalities hath god only his iudge , although in spirituall matters he be subiect to the iudgement of the church . for the first witnesse in this case i produce tertullian who speaking of emperours , d they thinke , saith he , that it is god alone , in whose only power they are , from whom they are second after whom they are first , before all gods , and aboue all men , and in another place : we honor the emperor so as is both lawfull for vs and expedient for him , as a man , second from god and haue obtained , what so euer he is , from god , lesse then god only , this he desires himselfe : so is he greater then all men , while he is lesse then the true god alone . thus much he professeth not in his particular , but in the generall person of all christians , as the certaine and vndoubted doctrine of the whole church . neither let any thinke to elude this argument , because the emperors at that time were without the church , and therefore not subiect to the church . for the law of christ depriues no man of his right , ( which the aduersaries themselues confesse , ) and therefore , as we shewed before kings and emperors by comming to the church loose nothing of their temporall interest f . in the second place shall s. ambrose come foorth , who writing of dauid , that heaped murder vpon adultery g , he was a king , saith he , he was bound by no lawes , because kings are free from the bands of offences . for they are not called to punishment by any lawes , being exempte by the power of their gouernment . thirdly b. gregorie of towers , h who speakes to childerike king of france , vexing the priests of god opprobriously and handling them iniuriously , in these words : if any of v●●● king , would transgresse the limits of iustice , he may be punished by you , but if you shall exceed who shall punish you ? for we speake to you , but if you will you heare , and if you will not , who shall condemne you but he , who hath pronounced that he is iustice it selfe . fourthly s. gregorie the great , who was almost of an age with gregory of towers , who being pope himselfe , confessed that he was the seruant and subiect of the emperor , and with great ciuility and humility acknowledged that all power was giuen the emperor from heauen ouer all men , as we shewed a little before l . fiftly , the worthy prelate otto bishop of frisingen k : only kings , saith he , as being set ouer the lawes , are reserued to the examination of god , they are not restrained by the lawes of man. from whence was that of his who was both king and prophet , against thee only haue i sinned and afterward . for where as according to the apostle , it is a fearefull thing for euery man to fall into the hands of the liuing god : yet for kings , who haue none aboue them besides him to feare , it will be so much the more fearefull , that they may offend more freely then others . i can call in more , and that very many to testifie the truth of this matter , but what needs any more ? in the mouth of two or three witnesses , let euery word stand l . if the assertors of the contrary opinion can bring forth so many testimonies of ancient fathers , or indeed but any one , wherein it is expresly written , that the church or the supreme head thereof , the bishop , hath temporall power ouer secular kings and princes , and that he may coerce and chastise them by temporall punishments any way either directly or indirectly , or inflict any penalty either to the whole kingdome or any part of it : i shall be content , that the whole controuersie shall be iudged on their side without any appeale from thence . for indeed i desire nothing so much , as that a certaine meane might be found , by which the iudgement of the contrary side might be clearely confirmed . but while i expect that in vaine , in the meane time the truth caries me away with her , conquered and bound into the contrary part . therefore i demand this now of the aduersaries : whether it be likely , that those ancient and holy fathers , who haue written of the great power and immunity of kings and emperors , were so negligent , that of very carelesnesse they did not put in mind the princes of their time of this temporall power of the pope , or that they left not this remembrance , if they made any , consigned vnder their hands in writing . to the end that princes should feare not only the secret iudgements of god , but also the temporall iurisdiction of the church and pope , by which they might be throwen downe from their seates , so oft as the church or the pope , who is the head thereof shall thinke it fit in regard of religion and the common weale ? certainly to be silent , and to haue concealed so great a matter , if it was true , was to abuse kings and princes , whom they had perswaded both by writings , and preachings , that they could be iudged by god only in temporall matters . or shall we imagine , that they were so vnskilfull and ignorant of the authority of the church , that they knew not that it was indued with such a power ? or in a word , that they were so fearefull , and narrow minded , that they durst not tell the princes that which they knew ? if none of these things can be imputed and charged on those ancient fathers , why i pray you should we now embrace any new power which is grounded vpon no certaine either authority or reason , but in these last ages deuised , and thrust vpon the people , by certaine fellowes , who are seru●ly and basely addicted to the pope , and so lay a new and strange yoke vpon princes ? chap. ix . i haue already plainly shewed that the last part of the second reason of the aduersaries is most false : which is , that the church therefore tolerated constantius , iulianus , ualens , and other heretike princes , because she could not chastise them without the hurt of the people . now will i prooue , that the latter part is euen as false , to wit , that henrie the iv. emperour , and other princes ouer whom the later popes haue arrogated to themselues temporall power , might be coerced and chastised by the church without hurt of the people . which before that i take in hand , i doe hartely request not onely the friendly reader , but euen the aduersaries themselues , that the question being discussed , they would weigh with themselues , and iudge truly and sincerely , whether it were not more easie for the church to punish those first princes by the aforesaid waies and meanes , then to reduce into order the said henry the iv , by rodolphus the sweuian ? or philip the faire by albert of austria ? of whom the one scorned and repressed the arrogancie of the pope : the other , after diuers battles fought with diuers successe , at the length in the last battle defeated his competitor and enemie whom the pope had set vpon him : and as for the pope , of whom he was excommunicate , he banished him out of rome , and plagued him with perpetuall banishment . with how great hurt and spoile to the people the pope laboured to execute that temporall power vpon he●ry the xii . o●to frisingen witnesseth , ( whom bellarmine worthily calleth most noble both for bloud , and for learning and for integritie of life● ) who write , of the excommunication and deposition of the said henrie done by gregorie the vii . in this manner d . i read and read againe the actes of the romane kings and emperors , and finde no where , that before this man any of them was excommunicate or depriued of his kingdome by the bishop of rome : vnlesse any man thinke it is to be accompted for an excommunication that philip was for a small time placed amongst the p●nitentiaries by the bishop of rome , and that theodosius was ●equestredor suspended from entring into the church by blessed ambrose for his bloudie murder . in which place it is to be obserued , that otto doth plainly professe , that he findes in former ages no example of priuation of a kingdome , although hee propounded these two instances touching excommunication , if not true at least hauing a shew of true ones . and afterward within a few lines , he writeth thus e : but what great mischiefes , how many warres , and hazardes of warres followed thereof : how oft miserable rome was besieged , taken , spotled , because pope was set vp againe pope , and king aboue king , it is a paine to remember . to be short , the rage of this storme did so hurry and wrap within it so many mischiefes , so many schismes , so many dangers both of soules and bodies , that the same euen of it selfe by reason both of the crueltie of the persecution , and the continuance thereof were sufficient to prooue the vnhappinesse of mans miserie . vpon which occasion that time is by an ecclesiasticall writer compared to the thicke darknesse of egypt . for the foresaid bishop gregory is banished the cuie by the king , and gibert bishop of rauenna is thrust into his place . further gregorie remaining at salernum , the time of his death approching , is reported to haue said : i haue loued iustice , and hate ● iniquitie : therefore i die in banishment . therefore because the kingdome being cut off by the church , was grieuously 〈◊〉 in her prince , the church also bereaued of so great a pastor , who exceeded all the priests and bishops of roman zeale and authoritie , conceaued no small griefe . call you this to chastise a prince without hurt to the people : they that write that the bishop of rome , whom they meane in the name of the church did not tolerate this emperour , because hee could chastise him without hurt to the people , it must needs be that either they haue not read this author , or that they haue no care of their credite , who ensnare themselues in so manifest an vntruth . if they knew not this before , let them learne now at the last out of this graue writer , that that is false which they ignorantly giue out for true : and i wish them to consider , and iudge vnpartially , if it had not been better for that gregorie the pope , should haue suffered the wils & desperate maners of henry like to constantius , iulianus , valens , and other emperours who vexed the church , and with teares and praiers to intret the goodnes of god either for his recouerie or destruction , rather than by one insolent and strange act , and that very vnnecessary to stir vp so many schismes and murders , so many sackings of people and cities , so many disgraces shamefull against the sea apostolike , so many warres against the popes , and other furious tragedies with the destruction of all the people , and to nourish and continue these being stirred vp , to the exceeding mischiefe of the church . it may be that gregorie did it of a good minde , ( let god iudge of the intention ) but it cannot be that he did it rightly , wisely , and according to dutie , nor but that he erred very wide , according to the manner and counsell of a man , when he assumed that to himselfe , which in truth was not his : that is to say , the office of deposing an emperour , and the power to substitute an other in his place , as though the fee of that humane kingdome had belonged to him , which that verse doth sufficiently declare , which is reported by otto , and aboue is transcribed by vs. petra dedit petro , petrus diadema rodolpho . now it is certaine , that it is not alwaies well done and according to the will of god , which is done euen of men , otherwise very good , thorough heat of holinesse , and a good zeale . moses . while he killed the egiptian , with a zeale to defend the hebrew , sinned . oza thorough a zeale to vphold the arke of the lord swarue , and lying a tone side , touched it , and died . peter of a zeale to defend his lord and master , cut of malchus his eare , and was rebuked for it . hence s. ambrose to theodosius f . i know that you are godly , mercifull , gentle , and peaceable , louing faith and the feare of the lord : but for the most part something or other deceiues vs , some haue the zeale of god , but not according to knowledge g . inconsiderate zeale often inciteth to mischiefe . therfore in my opinion , there was a great fault in pope gregory about this businesse , because he did not obserue , that it belonged to the dutie of the cheefe pastor , rather to let passe one mans wickednesse vnpunished , then thorough a desire to correct the same , to wrap the innocent and harmelesse multitude in danger . and therefore he ought not to haue excommunicate that emperor , whose wickednesse so great a number of men had conspired to maintaine , that they could not be separated without a schisme , a renting , nay not without the dissolution of the whole church . the great light of the church s. austine aduised the same many ages agoe , both holily and wisely , and prooued the same clearely out of the writings of the h apostle paul , whose iudgement was so well liked by the church , that she recorded it amongst the canons , and therefore worthy that i should transcribe it into this place , and to be written not with ●ike , but with gold , nor in paper , that will quickly weare , but in ●int and adamant , or if there be any thing more durable and lasting then they . the chastisement , saith he , of many can not be whol●ome , but w●en he is chasti 〈◊〉 , that hath not a multitude to partake with him . but when the same a● case hath possessed many , there is 〈…〉 , but to gre●●e and mourne , that 〈…〉 from their destruction , 〈…〉 re●caled to holy ezech●e●● least when 〈…〉 they root vp the wheat also : nor 〈…〉 the lords ●orn● , but they themselues 〈…〉 amongst the 〈…〉 . and-therefore the same 〈…〉 out many who were corrupted 〈…〉 writing to the same 〈◊〉 in his ●econd 〈◊〉 , did not againe prescribe , that they should not eat with such : for they were many . neither could it be did of them . l if any brother be called a fornicator ; 〈…〉 any such like that they 〈…〉 much as eat with such , but he saith least when i come againe to you , god doe humble me , and i lament many 〈…〉 haue sinned before , and haue not repented , for the 〈…〉 and fornication , which they haue committed . by this mourning of his ; threatning that they are rather to begun 〈◊〉 with 〈◊〉 from god , then by that castigation that 〈◊〉 may forbeare their company . and a litle after , indeed if the contag●on of sinning haue taken hould of a multitude the 〈◊〉 mercy of the diuine discipline is necessary , for 〈…〉 that ●● of excommunication ) are both 〈…〉 they prooue 〈…〉 more trouble the weake ones , that be good th●● 〈◊〉 the st●ut ones , that be wicked . seeing these things stand thus , there is none as i suppose , by comparing s. austines rule , which also is the rule of the church , with the practise of gregorie against henrie , but will euidently see , that the pope erred greatly , that would excommunicate an emperour , whose party a huge multitude both of the cleargie and laity did follow , with manifest danger of a grecuous schisme , and much more , when as by an odious sentence he went about to depriue him of the right of his empire , ( to which the bishop himselfe had no title in the world : that it is no maruell if as sig●●ert w●●toth , the said gregorie a little before his death repented him of all those things , which he had done against the emperor . i am willing to set downe the place of sig●bert , because it contemeth not his owne opinion , which is suspected to the aduersaires , because he followed henricus his partie , but the historicall narration of an other author o . pope 〈◊〉 , saith he , who is also called gregorie the . dieth in banishment at salernum . o● him i find it thus 〈◊〉 : we would haue you know who are carefull of the ecclesiasticall charge , that the lord apostolike 〈◊〉 , who also is gregorie , lying now at the point of death , ca●ed to him one of twelue cardinalls , whom he cheefly loued aboue the rest , and confessed , to god , and s. peter , and to the whole church , that he had greatly offended in the pastroall charge , which was committed to him to gouerne , and by the instigation of the deuill , had raised anger and hatred against mankind . then at last he sent the foresaid confessor to the emperor , and to the whole church , to wish all grace and indulgence to them , because he saw , his life was at an end , and instantly he put on his 〈◊〉 vesture and remitted and loosed the bands of all his curses to the emperor , and to all christian people , the liuing and the dead , the spiritually and the la●●y , and willed his owne 〈◊〉 to depart out of 〈◊〉 his house , and the friends of the emperor to a●cend into it . chap. x. no● 〈◊〉 to th● bishop frisingensis , a man most 〈…〉 , as i said , and almost an eye witnesse of these things . hee both in the place produced by vs , and also in others , bewraieth plainly , that he allowed not that decree of the pope , touching the deposing of the emperour , but that he holds it to be new , insolent , and vniust . for first for the noueltie , and insolencie of that act , he writeth thus ; i read and read againe the actes of the romane kings and emperors , and doe finde no where , that any of them before this was excommunicate , or depriued of his kingdome by the bishop of rome . and againe in the first booke touching the gestes of frederike . gregorie the vii . saith he , who then held the bishoprike of the citie of rome , decrees , that the emporour as one forsaken of his friends , should be shaken with the sword of excommunication . the noueltie and strangenesse of this action did so much more vehemently affect the empire already mooued with indignation , because before that time neuer any such sentence was knowen to haue been published against the princes of the romanes . now he declares the iniustice and iniquitie of the fact , in diuers respects : first , because amongst those euils and mischiefes which did spring out of that decree of the pope , he reckons the mutation and defection both of pope and king : that pope was set aboue pope , as king aboue king by which wordes he shewes that both of them by a like right , or ratherby a like wrong was made , that as pope was set vpon pope by the emperour vniustly , so also was king vniustly set vpon king by the pope . then , in that he saith , because therefore the kingdome in his prince , &c. what doth that imply other , then that by reason of the empire violated in the prince , the church was violated in the bishop , or else , for the kingdome wounded in the prince , the church was wounded in the bishop . betweene which seeing he makes no difference of right or wrong , and both of them could not be done iustly , it followeth that hee thinketh both of them was done vniustly . moreouer hee calleth as well the defection of rodolphus , whom the pope had created emperour , as the insurrection of henrie his sonne of the excommunicate father , i say he calleth them both openly and simply plaine rebellion , which surely he would neuer haue done , if hee had beleeued that henry was lawfully depriued of his empire , for there can bee no rebellion , but against a superiour , and therefore it could not be against an heretike , who if he were justly depriued and deposed was no more a superiour . therefore he thus writeth of rodolphus b . and not long after the two foresaid captaines guelfe and rodolphus , rebelling against their prince , vpon what occasion it is vncertaine , are ioyned with the saxons . and a little after : but the bishop of rome gregorie , who at this time as it hath beere said , stirred vp princes against the emperour , writ his letters secretly , and openly to all , that they should create an other emperour . but heere we must know by the way , that he saith , vpon what occasion it is doubtfull , that it is to be vnderstood of a priuate occasion , as many are wont to spring betweene a king and his nobles : as in our age betweene borbonius and king francis : the guise and henry ; orange and philip , for each of them , both guelfo and rodolphus pretended a publike occasion , that is to say , the furious behauiour of henricus , and also for that hee was excommunicate and deposed from his kingdome by the pope , as writeth albert schafnaburgensis c , and so they couered priuate hatred as rebels vse to doe , with a publique pretence . but touching the sonne our bishop frisingensis writeth in this manner d . afterward againe in the yeere following , when the emperour celebrated the natiuitie of the lord at moguntia , henry his sonne enters into rebellion against his father in the parts of noricum by the counsell of theobald a marques , and berengarius an earle , vnder the colour of religion , because his father was excommunicate by the bishop of rome : and hauing drawen to his partie certaine great personages out of the east part of france , alemania , and baioaria , he enters into saxonie , a country and nation easily to bee animated against their king. heere let the reader obserue two things . one that this author , a man notable for knowledge and pietie , calleth this insurrection of henry the sonne , against henry the father , a rebellion : the other , that both heere and in other places , he euer calls henry the father , king and emperour , although he had been now about fiue and twentie yeeres excommunicate and depriued of his kingdome by the popes sentence : and first rodolphus , and then 〈◊〉 , were set into his place by the pope and the rebels , whereby he shewes sufficiently that hee thinkes that the pope hath no authoritie to depose kings , or to determine of their temporall gouernment : and therfore that the decree of gregorie was neither iust nor lawfull ; otherwise neither henry could haue been called king , nor his aduersaties rebels without iniurie to the bishop of rome . there is also another place of the same authors , wherin he 〈◊〉 the same more plainly , that is , that the pope by that excommunication and abdication hath taken no right of his kingdome from henry , for after that he had related that 〈◊〉 , who was sonne in law to rodol●us , ( whom as hath been said , the pope had created king ) hauing killed his father in law , and vsurped the dukedome of sw●uia , as granted to him by his father in law , and one the other side that henrie , ( who had been deposed by the popes sentence had granted the same dukedome , to a certaine nobleman of sweuia , ( whose name was frederike ) who forced bertolphus to conditions of peace , & ad ex 〈…〉 ducaius : he addeth , this ber●ode although in this businesse he yeeldeth both to the empire and to iustice , yet he is reported to haue beene a re●olute and a valiant man. behold how he vsing no manner of circuition affirmes , that both empire and iustice stands on his part , against whom the pope had long before passed the sentence of d●position : but not with rodolphus , being called to the kingdome by the authoritie of the pope , with this epigraphe , now twise related aboue . petra dedit petro &c. lastly seeing he seriously saith and teacheth , that kings haue none aboue them but god whom they may feare : doth he not euen by this conclusion teach vs , that the bishop of rome hath no temporall authoritie , whereby he may dispose in any manner of their kingdomes and gouernments ? and surely although there were nothing else , for which that hainous action of pope gregorie might be misliked , surely so many lamentable and desastrous euents , so many fatall and wofull accidents , which springing out of that iurisdiction which was then first vsurped and practised by the pope against the emperour , afflicted the whole empire full fiue and twentie yeeres , and rent the church asunder with a continuall schisme , may be an argument to vs , that that decree was not made by a diuine inspiration , but by an humane passion : nor that it proceeded from an ordinarie iurisdiction of the holy sea apostolike , but either from an extraordinarie ambition , or an ignorance of his power and inconsiderate zeale of him that held the sea. for it is not likely that god , who is the author of iustice and protector of the church , and who hath made the first executions of the spirituall power of the church exceeding fearefull by present miracles , and horrible effects , would not also in like manner second with some singular miracle or extraordinarie assistance that first execution of so great and so high an authoritie and power of his church : especially seeing he was with so many praiers inuocated by the bishop for his helpe , and the * apostles themselues intreated with a solemne supplication , in these wordes : goe too therefore you most holy princes of the apostles , and by your authoritie interpo●ed confirme that which i haue said , that all men may now at the last understand if you can binde and loose in heauen , that you are also as well able it earth to take away and giue empires , kingdomes , principalities , and whatsoeuer else mortall men may haue . let kings now learne by this kings example , and all the princes of the world , what you are able to doe in heauen , and how much you are in fauour with god , and heereafter let them be afraid to contemne the commandements of holy church . but execute with speed vpon henrie , that all men may vnderstand , that this child of iniquitie falleth out of his kingdome , not by chance , but by your care . yet this i would intreat at your handes , that he being led by repentance , may at your request obtaine fauour of the lord in the day of iudgement f . these and such like praiers being powred out to god and the princes of the apostles , and curses and imprecations in solemne maner cast vpon henrie , who would not thinke that god , who by his apostles * preserues his church with a continuall protection would not easily suffer himselfe to be intreated , and would not presently heare this first supplication of the pope in the beginning of so great an authoritie of the church to be made manifest , if any such authoritie had belonged to the church . wheras notwithstanding cleane contrarie , euery thing fell out crosse and vnhappie against the pope , and against the authors and fautors of the popes partie , whilest henrie in the meane time triumphed and held his empire still , for that which he suffered from his sonne at last after fiue and twentie yeeres , ( vnder a shew of religion as frisingensis saith , ) that makes little or nothing to this matter . this was a pretext onely for a wicked sonne who was sicke of the father before the time : but the true cause was ambition , and the burning desire of rule , quae multos mortales fallos fieri subegit g . and hath oftentimes armed with cruell and hellish hatred the fathers against the children , and contrariwise , as wee haue shewed at large other where h : one said excellently well , i patris long●o● vit a malo filio seruit us videtur . chap. xi . by this , as i suppose , it is euident enough , that the church in times past did not tolerate constantius , iulianus , ualens , and other wicked princes , because she then distrusted her might and strength ; nor because she could not reduce them to order without the great hurt of the people : for indeed she might with more ease , and lesse hurt to the people , haue chastised those ancient princes . then not onely henry the fourth , from whose businesse so lasting a schisme did spring , but either otho the fourth , or frederick the second , or philip pulcher , or lewes the eleuenth , or iohn nauarre , or others , against whom the bishops , being puffed vp with the successe of their affaires , drew foorth their sentences of excommunication and depriuation of kingdomes , not for heresie , nor for the euill gouernment of state , nor at the request of the subiects , but euen inflamed and maliciously carried with their proper affections , i meane their priuate hatred . to conclude , not for that the state of the church in that age would haue her bishops more readie than in this time to suffer martyrdome : for then the church was in very safe estate , and as we say , sailed in the hauen , as hauing been now anciently founded vpon the apostolike constitutions , and sufficiently established by the labour and blood of martyrs . yea , such then was the state of the church , that there was much lesse need for bishops to be readie for martyrdome , than at this time : for that so great a multitude , then being as it were sprinckled with the fresh blood of the martyrs , did in a maner sauour of nothing but martyrdome , that the pastour was no lesse admonished of his dutie by the example of the flocke , than the seuerall persons of the people by the example of the pastour . but now , ô lamentable case ! the case is quite otherwise : the church is tossed with most grieuous tempests , and only not ouerwhelmed as yet with the furie of heretikes , manie , euen of those who desire to be called catholikes , being so affected , that they are not willing to suffer any great troubles , much lesse vndergoe death , for true religion : wherefore , that life and heat may be giuen to that lukewarmnesse , and that men might be stirred vp to the readiest way , and as it were the shortest cut , for their health , who seeth not that there is need of bishops , to shew the way both by word and example ? and both to compose them themselues , and to exhort others rather to martyrdome , than to armes and insurrections , to which we are prone by nature ? who would not iudge , that the fatherly pietie of clement the eight , ioyned with excellent wisdome , whereby he endeuoureth to reduce to an●itie , and to keepe in 〈◊〉 christian kings and princes , is by infinite degrees 〈…〉 for the church , than the martiall furies 〈◊〉 〈◊〉 the eleuenth , wherby he wickedly and cruelty sought to set italie , france , germanie , spaine , and all 〈…〉 together by the cares ? 〈…〉 be thus , surely we must needs conf●●● 〈…〉 ancient fathers of the church 〈…〉 fault , in that they did not only suffer , 〈…〉 they might easily ) those guiltie and 〈…〉 of the saith , but also courtcously reuerenced them , and honoured them with regall titles and dignities : or els we must needs thinke , that they spared those maner of princes for the reuerence of maiestie , & the power which in temporal matters is inferior to god alone : or surely we must beleeue , that besides the reasons deliuered by the aduersaries , there is yet some better behinde , which none hitherto hath brought forth , nor euer will , as i suppose . for that which a certain seditious fellow hath written in that infamous worke which he writ against kings , a to elude the ●orce of the former obiection touching the tolleration of the ancient fathers . as though , saith he , we are to thinke that there is the same reason of the church to be established and which is established already , & that the uine ought ●●t to be planted and watered before it be pruned : but that then that power was giuen to the church , when that of the prophet was fulfilled : kings shall be thy nur●es , & with a countenance cast to the earth shall they worship thee , & shall lick● the dust of 〈…〉 b . that surely is such a to● , as i do thinke not worth the answering , seeing i suppose the author himself scarce knowes what he saith . for ●hat ? were not the rotten members of the church wont to be cut off euen from her infancie & first beginning ? doth he not know , that that spirituall incision , which is proper to the church , begā euen with the church her self ? what say you to ananias , what to the corinthian , were they not cut off by the church ? if he know not this , he is to be thought an ill diuine , & a worse vine-dresser , seeing he euen in the very first planting , shreds off whatsoeuer is super fluous and vnprofitable in the vine , and suffers not the rotten and faultie branches to sticke out of the ground : afterwards when it is a litle growenvp , he lops and cuts it , lest it should be ouercharged with vnprofitable and vnfruitfull stems . but if he meane corporall incision , he ought to know that the church hath no skill of bloud , i meane , that she doth not execute death vpon any , vnlesse peraduenture it falles out by miracle , as in the person of ananias and saph●ra c . but what , doth he thinke that the church was not perfectly established in the times of ambrose , hierome and austine ▪ or that it was not sufficiently planted & watred that at that time it might be conueniently shred ? d surely s. austine in one place affirmes , that very few in his time were found , that thought euill of christ. why then did the church tolerate ualens , ualentinianus , heraclitus , and others ? for from constantine the great , that prophecie , which he alleadgeth , was fulfilled . but it was not yet time to cut the lords vineyard . a worthy reason sure , and to be ranked amongst that followes fooleries , which in another place e we set downe by themselues . now let vs goe to the maintainers of the indirect power . chap. xii . these mens opinion i haue set downe aboue in the first and fift chapters : which is , that the pope , by reason of his spirituall monarchie , hath temporall power indirectly : and that soueraigne , to dispose of the temporalties of all christians , and that he may change kingdomes , and take them from one to giue them to another if it be necessary for the health of soules . against which opinion there are so many things , that i hould it to be vtterly improbable , if not incredible . for first of all , what is more contrary to it , then that the whole christian antiquity euer iudged , that kings are lesse then god only , that they haue god only for their iudge , that they are subiect to no lawes of man , and can be punished or coerced with no temporall punishments a , and therefore that which the authors of the law said , princeps 〈…〉 est that the grecians cheefly vnderstand , of penall lawes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . that is ; the prince offending is not punished . none of these things can stand with the opinion of the aduersaries . for if it be true that the pope may dispose of kingdomes and states of secular princes , and take from them their scepters , and all manner of dignity , it followeth necessarily , that the pope is superior and euen iudge ouer kings in temporall matters , and besides that all kings may be subiect to temporall punishments : which is directly opposite , as may be to the former opinion of the ancient fathers . the necessity of the consequution is plaine by this , for that he who iudgeth an other lawfully , must of necessity be superior ouer him , whom he iudgeth . ( for an equall hath not authority ouer an equall c , much lesse an inferior ouer a superior ) and also because , the depriuation of a kingdome , euen as the publication of goods , is to be reckned amongst temporall punishments , and those very greeuous too . what i pray you , that the bishops themselues confesse that kings haue no superior in temporalities . d they haue , and they haue not , cannot be both true : therefore it is false , that kings haue no superiour in temporalities , if an other may by law take their temporalities from them and giue them to an other . for if this be not an act of superiority , as i may speake , i know not surely , what it is to be superior , or if to condemne a king vnheard , and to punish him as farre as his regall dignity comes to , be not to be the iudge of a king , we must confesse that no motion either of a iudgement or of a iudge hath beene deliuered and lest vs by our elders . for in that they place the difference in the words , directe & indirecte , that belongs not to the power of iudgeing , and to the effect of the iudgement , but onely to the manner and way , of acquiring so great a power . for the canonists doe say , that the pope hath receiued directly of christ the temporal dominion of the whole world . but these men , i meane the diuines , deeme that he receiued such a dominion directly , as if you should say , by it selfe , simply , and without consideration of another thing : but onely indirectly , that is , by consequence , in regard of that spirituall power , which he hath receiued directly from the lord. therefore this difference out of these words ought to be referred to the beginning and meane of acquiring a temporall power but not to the force and effect of the same . for whether you say , makes nothing for the strength and power of the popes iudgement ouer kings : vnlesse peraduenture some may say , that the pope if he be an ill man , may tyrannize ouer the parsons and estates of kings more freely indirectly , then directly . but if the opinions of the aduersaries should take place , christian kings and princes shall not only be clients and vassals to the pope in temporalities , but that which is more base , they shall hold their kingdoms and principalities as it were at his courtesie . and this i doe easily prooue euen out of the very principles and grounds of the aduersaries . the pope may take from any man his kingdome , and giue it to another , if so be that it be necessary for the health of soules : but to iudge and determine , if it be necessary , belongs to the same pope , of whose iudgement , whether it be right or wrong , none can iudge , e therefore where he listeth he may depriue euery man of his kingdome and giue it to another . the proposition in this argument , is the very opinion of the aduersaries : and the assumption is without controuersie amongst all catholikes : for none but an heretike will deny that the charge of soules belonges to the successour of peter and vicar of christ. lastly , the conclusion followes necessarily of the premisses because if the pope wil transferre any kingdome from one to another , he may say that he iudgeth it necessary for the health of soules , and none 〈…〉 of has iudgement as hath beene said . and 〈…〉 his pleasure whether he will take from 〈…〉 but that all kings 〈…〉 th●● kingdomes , which 〈…〉 at the 〈…〉 behold in how 〈…〉 christia● kings and princes should stand , 〈…〉 , that the pope hath power indirectly to 〈…〉 all temp●●aliti●s of christians , who shall mea●● t●at 〈…〉 owne pleasure and iudgement , that 〈…〉 for him , if he be displeased , then to 〈…〉 his indirect power , so o●t 〈…〉 priuate 〈◊〉 , o● the ambi●● 〈…〉 forward , or euen 〈…〉 and contemned , 〈…〉 . where of ●●●face 〈…〉 haue giuen 〈…〉 all of i●any , they 〈…〉 to 〈…〉 mighty 〈…〉 of the po●tifi●● 〈…〉 and 〈…〉 one after another , as 〈…〉 i omit this reason taken 〈…〉 a●●●ought it 〈…〉 for that 〈…〉 that 〈…〉 kingdoms but an execution 〈…〉 to th●m by the pope , ●●t i● it strange against the 〈…〉 and all the ab●tto● , of the indirect power . 〈…〉 all 〈◊〉 all 〈◊〉 and iurisdiction is 〈…〉 by the law of god o● of man , and also he 〈…〉 o● holdeth any th●ng , i● he hold by nei●●●● of these , holdeth wrongfull● , as augustire reasoneth 〈…〉 against the d●●atists . therefore it cannot be that the pope , should iustly exercise any temporall iurisdiction ouer secular kings and princes , vnlesse it be certaine that the same is giuen him either by the law of god or of man. but neither in diuine , nor humane lawes is any such place found , which confers any such power vpon him , whereas on the contrary part , the domination and authority of kings is openly commended and allowed by many testimonies of sacred scriptures , as when it is said : by mee kings raigne . all power is giuen to you . the kings of the nations rule ouer them . the heart of the king is in the hand of god. i will giue them a king in mine anger . my sonne , feare the lord and the king. feare god honour the king : and euery where the like speeches . lastly , seeing this temporall power and iurisdiction of the pope , whereof we speake , is not found to be comprised neither in the expresse word of god in the scriptures , nor by the tradition of the apostles receiued as it were by hand , nor practised by vse and custome in the church for these thousand yeeres and more , or exercised by any pope : nor allowed and commended , nay not so much as mentioned by the ancient fathers in the church , i pray you what necessitie of faith should force vs to admit it ? or with what authoritie can they perswade the same vnto vs ? our opinion say they , is prooued by reasons and examples : how glad , say i would i be , that that were true . but wee ought chiefely to know this , that onely those reasons are fit to prooue this opinion of theirs , whereof euident proofes and demonstrations are made , which none of them hath hitherto brought , nor as i thinke could bring . for as touching reasons onely probable , and likely , whereof dialectike syllogismes doe consist , their force is not such , as can conclude and giue away from kings and princes their soueraigne authoritie from them , seeing that euen in daily brables about trifling matters , nothing can be concluded , vnlesse the cause of the suiter , bee prooued by manifest and euident proofes and witnesses : and therefore the actor not proouing , he that is conuented , although himselfe performe nothing , shall carie the businesse b . but the helpe is very weake and feeble in examples , because they onely shew what was done , not what ought to be done : those excepted which are commended or dispraised by the testimonie of the scriptures , which seeing they are thus , let vs now see with what reasons the aduersaries continue their opinion . chap. xiii . there is not one amongst them all , who are of the popes partie , as i said before , who hath either gathered more diligently , or propounded more sharpely , or concluded more briefly and 〈◊〉 , than the worthy diuine bellarmine , whom i mention for honors sake , who although he gaue as much to the popes authoritie in temporalities as honestly hee might , and more then he ought , yet could hee not satisfie the ambition of the most imperious man sixius the fist : who affirmed that hee had supreme power ouer all kings and princes of the whole earth , and all peoples , countries and nations , committed vnto him not by humane but by diuine ordinance a . and therefore he was very neere , by his pontificiall censure , to the great hurt of the church to haue abolished all the writings of that doctor , which do oppugne heresie with great * successe at this day : as the fathers of that order , whereof bellarmine was then , did seriously report to me . which matter comforts me , if peraduenture , that which i would not , any pope possessed with the like ambition shall for the like cause forbid catholikes to read my bookes . let him doe what he will , but he shall neuer bring to passe that i euer forsake the catholike , apostolike , and romish faith , wherein i haue liued from a child to this great age : or dye in another profession of faith then which was prescribed by pius the . we will then bring their reasons hither out of bellarmine for they are fiue in number : leauing others , especially bozius his fancies , which are vnworthy that a man of learning should trouble himselfe to refute . the first reason is , which bellarmine propounds in these wordes . the ciuill power is subiect to the spirituall power , when each of them is a part of the christian common-wealth : therefore a spirituall prince may command ouer temporall princes and dispose of temporall matters in order to a spirituall good , for euery superiour may command his inferiour . and least any peraduenture elude this reason by denying the proposition , with the next he labours to strengthen the same , by three reasons , or media , as they call them . now that ciuill power , not onely as christian , but also as ciuill , is subiect to the ecclesiastike , as it is such , first it is pr●●ued by the ends of them both , for the temporall end is subordinate to the spirituall end , as it appeares : because temporall felicitie is not absolutely the last end , and therefore ought to be referred to the felicitie eternall . now it is plaine out of aristotle , lib. . eth. cap. . that the faculties are so subordinate , as the ends are subordinate . secondly , kings and bishops , cleargie and laitie , doe not make two common wealthes , but one , that is one church , for we are all one bodie . rom. . and corinth . . but in euery bodie the members are connexed and depending one of another : but it is no right assertion , that spirituall things depend on temporall ; therefore temporall things depend of spirituall , and are subiect to them . thirdly , if a temporall administration hinder a spirituall good , in all mens iudgement the temporall prince is bound to change that manner of gouernment , yea euen with the losse of a temporall good : therefore it is a signe that the temporall power is subiect to the spirituall . thus he . which that i may satisfie in order , i answere : that it is very false , which in this first reason is thrust vpon vs , for a true , certaine , and sound foundation , false , i say , that the ciuill power is subiect to the spirituall , since both of them is a part of the christian common weale : vnlesse they vnderstand it thus , that it is subiect in spirituals , and againe that this ought to be subiect to that in temporals , since these two powers are so parts of the christian common-weale , as neither hath authoritie ouer other ; as which when they were free and of themselues absolute , out of a mutuall loue closed together . therefore each of them acknowledgeth and reuerenceth the other in his order and office , and each doth exercise her function at her pleasure : only there is between them a certaine consent and fellowship conspiring in the conseruation and maintenance of the christian common-weale : for by both the powers , or ( to vse gene●rardes b wordes ) by both the magistra●tes , ecclesiastike and 〈◊〉 the church is maintained , defended , and flourisheth : which that she might be protected and preserued tyght and vpright . — alterius sic altera p●●●it opemres , & coniurat ami●● . that as long as they keepe this societie , the christian common weale is like to flourish and abound with innumerable commodities of concord and peace : but when they dissolue this combination thus contracted , certainely the spirituall power , though it excell with a diuine vertue , yet being now weakned in the ere of the world , and depriued of his corporall helpes , for the most part is contemned : and the temporall although it be mightie and strong , hastneth thorough all villanie and surie to her owne destruction , being destitute of heauenly grace which she enioyed by the societie of the spirituall power . notwithstanding neither can the power ecclesiastike redresse her wrongs the more by her selfe , but by spirituall weapons , nor the temporall power worke vpon the ecclesiastike , but by visible and corporall armes , whereof i would to god , that both the monuments of former times , and also our owne age & memorie did not put vs in minde thorough so many lamentable examples . and this surely is no other thing then that which i said before , hosius said to constantius the arrian . 〈…〉 lawfull for us , to hold any empire on earth , neither haue you power oner sacrifices and holy things , being an emperour and which s. bernard to eugenius the pope , these law and earthly businesses , haue iudges , kings , and princes of the earth . why doe you inuade an others borders ? why reach you your sithe into another mans haruest ? therefore these two powers ecclesiastike and politike are not so parts of the christian common-weale , that one should be master ouer the other : but so are parts , as which when they were single , and deuided one from the other , with a singular concord and vnion ioyned together at the last , that each of them might afford helpe and succour to the other , and by mutuall and enterchanged courtesies and offices might oblige and demerit one another . neither is it to be granted because the power ecclesiastike is holier , and worthier then the politike , therefore that this is subiect to her : but onely ( as it often commeth to passe in a ciuill societie ) that she being the worthier and the richer applied herselfe to this , which is neither so noble nor so wealthy , for the benefit of them both : so as both of them remaine free in that societie , and neither depend any way of other . therfore excellently writes dried● to this purpose d . christ ( saith he ) seuered the duties of these two powers : that the one might gouerne diuine and spirituall matters and persons , the other prefane and worldly : and after , behold thou plainly sees that christ hath seuered the duties of both the powers : therefore the distinction of the ecclesiasticall power papall , from the secular and imperiall power is made by the law of god. and after in the same chapter : from whence the pope and the emperour are in the church , not as two chiefe rulers diuided betweene themselues , wherof neither knoweth other , or reuerenceeth as his superiour , ( for this ought to acknowledge and reuerence him inspirituall cases , and he this in temporal , and according to the old glosse , in ca● . hadrian , . as he is father to this in spirituals , so is this to him in temporals ) because a kingdome diuided against itselfe , will come to ruine . nor againe are they as two iudges subordinate , so as the one receiues his iurisdiction from the other . but they are as two rulers , who are the ministers of one god ●esigned 〈…〉 diuers offices , so as the emperour ●ouerns 〈…〉 persons , for a peaceable society in this world , and the pope rules spiritual to the aduancement of christian faith and charitie . but bellarmine also himselfe . marke , quoth he , that the sunne and the● moone is not the same starre , and as the sunne did not constitute the moone , but god ; so also , that the pontificate and 〈…〉 is not the same , nor one absolutely depend on the other surely the sunne and the moone are two great lightes , when pope innocent 〈◊〉 interpreteth by an allegory , two dignities which are the pontificall authority , and regall power : and compares that to the sunne , this to the moone . from whence i reason on this manner . as the moone is no lesse the moone , nor consisteth the lesse of hirselfe , when shee departs from the sunne , and by wandering looseth the light shee borrowed on him , then when shee is enlightned with his beames in herfull orbe and aspect , and in neither regard either shee depends of him , or he of hir , but both holding the order and manner of their institution doe seruice both to god and the world : so also the kingly or politike power resting on hir proper strength , sub●●teth al●aies by hirselfe : and although she receiue great light 〈◊〉 the pontifical and spirituall power , to liue well and 〈◊〉 , yet is not changed at all hir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or essence 〈…〉 her approach , nor by her departure , nor 〈◊〉 nor 〈◊〉 much lesse is shee subiect to her , when shee 〈◊〉 to her . now it remaineth that we seuerally declare the faultes of the reasons , wherewith bellarmine supposeth that his first reason is vnderpropped . chap. xiiii . therefore touching the first : i doe constantly deny , that there is any such ordination or subordination of the endes of their powers , so farre as their powers are such . for the end of politike or ciuill power , so far as it is politike absolutely containeth no more , then a temporall 〈◊〉 . i meane , the common-good , and a well ordered tranquillity for the quiet conduct of life , as bellarmine himselfe confesseth in another place . the ciuill power , saith he , hath her princes , lawes , iudges , &c. and likewise the ecclesiastike her bishops , canons , iudgements . that hath for end a temporall peace ; this eternall saluation . neither doth this ciuill power proceed further , and is referred to none other end , as it is such . for in that it aspireth to eternall happinesse it hath not that of hir selfe : not i say so farre , as it is politike doth shee direct hir indeuours thither , as to hir last scope : but in respect that shee is spirituall , or else is furthered by the societie and counsels of the ecclesiastike power , as appeareth by innumerable both peoples and cities , in whom the ciuill power was strong and powerfull by seuerity of lawes , although they had very slender or no notion at all of this euerlasting happinesse , whereof we speake . this also the apostle declares a when he willes vs to pray for kings , and all that are in authoritie , that we may liue a peaceable life in all pietie and chastitie : ascribing peace and tranquillitie of life to the politike gouernment , but pietie and chastitie to christian discipline . therefore to speake in one word we must know , that the ends of humane actions are in the intention and not in the vnderstanding , that is to say , not that which the vnderstanding can inuent by discourse of reason , is the end of the action , but that which the will doth desire to attaine by doing , while the minde meditates on the action , that is the end of action . whence nauarrus saith very well , b that the end of the laike power is the good , happie , and quiet temporall life of men , which also is the end of the lawes , which proceeded from the same . and that the end of the ecclesiastike power is an euerlasting supernaturall life , and that the same is the end , of the lawes which proceed from her . i would prosecute this further , but that i thinke that the matter is plaine enough to men of wit euen by philosophie it selfe . but the second reason is so friuolous and captious , as nothing can be spoken more fondly , or be gathered more vnsoundly , for is there any old wife so doting , as vnderstands not the weaknesse of this consequution , they are members of one bodie , therefore one depends of another . for neither doth a foote depend of a foote , nor an arme of an arme , nor a shoulder of a shoulder , but they are ioined to some third and middle member , by themselues or by other members , to which they adheare . and is it not gathered by the same manner of reasoning , and by the same argument plainly ; the armes of euery man be members of one bodie : but in euery bodie the members are connexed and depending one ●● another , but it is not rightly affirmed . that the right depends of the left : ergo the left arme of euery man depends of the right , and is subiect to it . who would not laugh at such kind of arguments so full of vanitie ? i hate those miserable demonstrations , which doe rather inwrap and infold the matter they haue in hand with qu●●ckes , illusions and captious sophistications , then explane the same , for as the armes are knit to the shoulders and the shoulders are knit to the necke and head ; nor the right arme or the right shoulder is subiect to the left , or contrarily ; so the power spirituall and temporall , or ecclesiastike and politike , although they be members of one politike bodie , and parts of one christian common-weale and church , yet neither is subiect to the other : and neither can without great sinne presse and encroach vpon the borders and iurisdiction of the other : but both , as it were the shoulders of one bodie are knit to the head which is christ. whereof this , i meane the politike prescribeth to the citizens and subiects , the preceptes of liuing wherein the peace and tranquillity of humane societie is maintained ; and the other , raiseth and instructeth mens mindes to the supernaturall contemplation of immortality and eternall happinesse : ( which doth subsist with ciuill tranquillity , and sometimes without it ) whereof it followes that these powers are diuided and seuered in the same christian common-weale , so as neither can be subiect to other so faire foorth as it is such . and surely vnlesse bellarmine confesse this he will be conuinced by his owne doctrine deliuered other where : for in his third booke , de rom. pontif. c. . where he consutes the trifles of the smalchaldike synod of the lutherans , and answers to that argument of theirs , wherein they say , that the pope makes himselfe god , seeing he will not be in aged by the church nor by any man : he shewes that the consequence is saulty , in an argument drawen from kings , who also themselues haue no iudge in earth , as concerning temporalties . the kings of the earth ( saith he ) certainly acknowledge no iudge in earth , in the point which appertaines to politike matters , shall there be therefore as many gods as there be kings ? what other thing is it , i pray you , that kings haue no iudge in earth , as concerning politike matters , then that which we will prooue , that the politike power is distinguished from the ecclesiastike , and that the pope can by no meanes dispose and iudge of the same ? for if he could , surely either kings should haue a iudge in earth , euen , as touching politike matters , or the pope must alwaies dwell in heauen . therefore it cannot be but that bellarmine either disagreeth from himselfe , or that he hath slipt for want of memory , or that which i beleeue not , that he desires to vary and change the truth , when as in one place he affirmeth for certaine and granted that kings haue no iudge in earth , as concerning politike matters : and in another place hee sets the pope as iudge ouer all kings and princes , who may iudge and depose them , and at his pleasure dispose of all their kingdomes and estates . for whereas he makes the distinction in these words , directly and indirectly , that belongeth onely to the forme and maner of proceeding , but not to the force and working of the iudgement . for it is euer true that he hath a iudge in earth as concerning temporalties , whom the pope iudgeth in temporalties what way soeuer , either directly or indirectly , and i pray you , what oddes is there , in regard of the miserie and calamity of a king , that is iudged by the pope , and depriued of his kingdome , whether the pope hath done it directly , as if hee should giue sentence , vpon the king of sicily or naples , as the direct lord of the fee vpon his vassell : or h●th do●●●t indirectly , as vpon other kings , who are 〈◊〉 subiect to him by any ch●ntelar law , it so be a like 〈…〉 both the iudgements : and this is suffi 〈…〉 argument . no , let vs examine what 〈…〉 . 〈…〉 is plain euen 〈…〉 ●●thered thereof by the au 〈…〉 ●temporall power is subiect to 〈…〉 to prooue a matter by demon 〈…〉 bring●th soo●th a sig●e , and that surely 〈…〉 which many times de●●●ues vs by a 〈…〉 ●herefore i answer to the argument by de 〈…〉 . for although it be true that a tem 〈…〉 ●●und to change the manner of his go 〈…〉 ●●●●●tuall good be ●●●dred thereby ●et is it 〈…〉 by a necessary consequence , that the 〈…〉 to the sp●●●tuall : but this onel● , that a ●●●●●tuall good is mor● excellent then a temporall good , the which is true and we confesse it . for if one be more ●orthy then another , it doth not follow by and by that the lesse worthy depends of the more worthy , and is ●●●strate and su●●●●ted to it : for they may ●all out to be comprehended ●● kinds or order● so ●iuers by nature , that neither can depend of other , or be h●ld by any bond of subiection . therefore we grant that a pr●●ce in the case prop●●nded ought to change the ●orm of c●uill administ●at 〈…〉 to ●o it by the church or by the h●a● thereof and chiefe pastor in earth , which is the pope ; but o●●l●●● sp●●●tuall punishment , the horror whereo● to a good man 〈◊〉 gree●●ous then all the pu 〈…〉 by the testi●o●●e of a 〈…〉 it hath with 〈…〉 but not by temporall punishment , as is 〈…〉 of kingdome , seeing a 〈…〉 poralti●● , therefore as much a 〈…〉 he is to be left to the diuine iudgement a 〈…〉 . hence ●●dorus whose opinion is registred amongst the canons , d whether the peace and di●cipline of the church be increased by faithfull princes , or 〈…〉 of them who hath deliuered and committed the church to their power . chap. xv. although this last argument is sufficiently weakned by that which hath been said , yet it is worth the labour to make a little further discourse , and more at large to explaine my whole meaning touching this point . therefore we must vnderstand , that all kings and princes christian , as they are the children of the church , are subiect to the ecclesiastike power , and that they ought to obey the same , so oft as the commandeth spirituall things : which vnlesse they shall doe , the church , by the power and iurisdiction which she hath ouer them , may inflict spirituall censures vpon them , and strike them with the two edged sword of the spirit : although she ought not to doe at alwaies , ( as hath been before declared ) but with that s●ord onely , not with the visible and temporall sword al●● because 〈◊〉 sword is committed onely to the ciuil and secular power . wherefore so oft as the spirituall power , standeth in need of the assistance of the temporall sword ; she is accustomed to intreat the fauour and friendship of the ciuill power , her friend and companion . contrariwise that ecclesiastike princes and prelates , are subiect to ciuill princes in temporalities , and ought to obey them in all things , which belong to their ciuill gouernment , in no other manner , then the ciuill are bound to obey them commanding spirituall things , so as they bee such as repugne neither the catholike faith , nor good manners . yea that not so much as the pope himselfe , is excluded and free from this temporall subiection for any other reason , but because that by the bountie of kings he hath been made a king himselfe , i meane a ciuill prince , acknowledging no man for his superiour in temporalties , and thus much doth that most eager patron of ecclesiastike iurisdiction confesse , whom most mensay is bellarmine in his answer , ad precipua capita apologiae , &c. that opinion ( saith he ) is b generall and most true , that all men ought altogether to obey the superiour power . but because power is twofold spirituall and temporall , ecclesiastike and politike , of which one belongeth to bishops , the other to kings : the bishops must bee subiect to the kings in temporall matters , and the kings to the bishops in spirituall , as gelasius the first in his epistle to anastasius , and nicolaus the first in his epistle to michael . and because , the bishop of rome , is not onely a chiefe prince ecclesiastike , to whom all christians are subiect by the law of god , but is also in his prouinces a prince temporall , nor acknowledgeth any superiour in temporalties ; no more than other absolute and soueraigne princes doe in their kingdomes and iurisdictions , hence it commeth to passe ; that in earth he hath no power ouer him . wherefore not because he is cheefe bishop , and spirituall father of all christians , is he therefore exempted from temporall subiection , but because he possesseth a temporall principality , which is subiect to none . therefore in those matters , which belong to the safety of the common wealth , and to ciuill society , and are not against the diuine ordinance , the cleargie is no lesse bound to obey the soueraigne prince temporall , then other citizens are : as * bellarmine himselfe declareth excellently well ; adding also a reason , secondly , for that cleargie men , besides that they are cleargie men , they are also citizens , and certaine ciuill parts of the common wealth . cleargie men , ( saith he ) are not any way exempted from the obligation of ciuill lawes , which do not repugne the sacred canons , or the clericall dutie . and although he saith , that he speakes not of coactiue obligation , yet is it more true , that they may be constrained by a temporall iudge to the obedience of the lawes , where the cause doth require , that in that case they should not enioy the benefit of their exemption , which it is certaine enough , that they receiued from the lawes of emperors and princes . for in vaine doth he challenge the benefit of lawes , who offends against them . hence it is , i meane out of this society and fellowship of clerkes and laikes in the common weale , that in publike assemblies the cleargie , if they be to consult of temporall affaires , doe fit in the next place to the prince . therefore spirituall power , ( by the word of power , it is vsuall to signifie the persons , indued with power ) doth both command and obey politike power , and the politike her againe . and this is that indeed , whereof b. gregorie the pope , admonisheth maurice the emperor , * let not our lord , ( saith he ) out of his carthly authority be the sooner offended with our priests , but out of his excellent iudgement , euen for his sake , whose seruants they are , let him so rule ouer them , as that also he yeeld them due reference . that is to say , let him rule ouer them , so far forth as they are citizens , and parts of the common wealth : yeeld reuerence , as they are the priests of god and spirituall fathers , to whom the emperor himselfe , as a child of the church , is in subiection . and this course and vicissitude of obeying and commanding between both the powers , is by a singular president declared of e salomon , who feared not to pronounce abiathar the high priest guilty of death , because he had a hand in the treason of adoniah . for the story saith , the king also said to abiathar the priest. goe thy waies to auathoth , to thy house , and surely thou shalt die : but to day , i will not slay thee , because thou hast caried the arke of the lord , before dauid my father , and hast endured trouble , in all those things , wherein my father was troubled . therefore salomon dismissed abiathar , that he should not be a priest of the lord. behold how salomon shewes , that in a ciuill and temporall businesse he had authority ouer the priests , whereas notwithstanding it is euident that in the old law the priests were ouer the kings , and vsed to command , and also to withstand them , in all things which belonged to the worship of god and the priestly function . but for that bellarmine would faine haue it f that salomon did this not as a king , but as a prophet and an executioner of diuine iustice , i require some proofe of this interpretation , seeing it appeares no where by the scriptures , and therefore rests vpon mere coniecture only . for in that place , there is no mention made , neither of any commandement specially giuen by the lord , nor of any extraordinary power delegated vnto him , but rather the cleane contrary , salomon himselfe declareth openly enough , that he executed this iudgement as king according to the ordinary power of the gouernment which he en●o●ed in the right of his kingdome , by vsing this preface : the lord liueth , who hath established me , and placea me vpon the throne of dauid my father . and indeed the whole businesse was not spirituall or ecclesiastike but temporall and politike only , wherein salomon knew very well that the king as king was the lawfull and ordinary iudge , and therefore we do not read , that by one interest he gaue iudgement vpon adoniah , and by an other vpon abiathar . againe where bellarmine to strengthen his interpretation takes hold of those words , vtim●leatur sermo domini , &c. it is very sleight i will not say absurd , for what belongs this to the manner of fulfilling ? who knoweth not that the same speech of the scripture , is as well verified of that , which is performed after an vsuall law , and an ordinary authority , as in this place , as of that , which is fulfilled either extraordinarily by some wonderfull euent , or by the impiety and tiranny of men ? the wicked when they crucified our sauiour , g diuided his garments , that it might be fulfilled , which is spoken by the prophet , or , that the scripture might be fulfilled h . therefore such kind of words are wont to be added in the scriptures , to shew the truth of the prediction and prophecie so as to draw an argument from hence to gather an other matter , must seeme very ridiculous and childish . indeed salomon in that case , was the executer of the diuine iustice . i allow it : he was a prophet also , it is true , and what then ? and yet we read that he did that , by his kingly authority , and common or ordinary power , and none , not the least mention made of any speciall commandement . neither is there any place in scriptures , where we may read that this iurisdiction , was by speciall name committed to him . moreouer it is not likely , that the author of the story , being inspired with the holy ghost , would without any touch or warning passe ouer so different causes of so great a businesse and of so great weight , if so be the king had passed his iudgement by vertue of one power and authority , against adoniah being a lay person , and another against abiathar a priest. in like sort the same learned man is deceiued , when he saith . that it is no wonder , if in the old testament the soueraigne power , was temporall , in the new spirituall , because in the old testament the promises were only temporall , and in the new spirituall and eternall . for neither in the old testament was the soueraigne power altogether temporall , neither is spirituall in the new . but each in his owne kingdome , that is , in the iurisdiction of his owne power , as is most meet , did then beare sway , and at this time ruleth : euen then , say i , both of them contented with their owne precincts , abstained from that , which was not their owne , that neither the temporall power , inuaded the spirituall iurisdiction , and priestly function , nor the spirituall pressed vpon the temporall as in their owne right . now that right which salomon did shew at that time to belong to princes temporall ouer the cleargie , is acknowledged and retained by kings in the new law and in the christian common wealth . from hence came those priuiledges , which diuers princes , excelling in deuotion and piety ; granted to ecclesiastike persons l . for to what end were priuiledges giuen to them , if by a common right they were not subiect to kings ? seeing that , they who are defended and exempted by the common aide , and by mere law , haue no need of any priuiledge , or extraordinary helpe m . and with these agree , euen those things , which bellarmine himselfe doth most rightly 〈◊〉 against the canonists . that the exemption of the cleargie in ciuill causes , as well touching their persons as touching their goods ; was brought in by the law of man , and not of god , and hee confirmeth it both by the authoritie of the apostle whose that same rule so much celebrated , let euery soule bee subiect to the higher powers , as well includeth the clerikes as the laikes , by chrysostomes testimonie ) and also by the testimonie of the ancient fathers : and lastly , in that as he saith , no word of god can bee brought forth whereby this exemption can bee confirmed . and i adde this as a most pregnant argument of this truth , that in the most flourishing estate of the church , and vnder those princes who acknowledged the pope the pastor of the vniuersall church , and the vicar of christ , it was enacted and obserued by the imperiall lawes , that the cleargie should answere before secular iudges touching ciuill crimes , and be condemned by them , if they were found guiltie of the crime laid against them p . and indeed , least we mistake , we must vnderstand , that not all these priuiledges of persons and businesses , which at this day the cleargie enioyeth , were granted by the same princes , nor at the same time . for first constantinus magnus endowed them with this singular priuiledge onely , that they should not be obnoxious to nominations and susceptions , that is that being nominated or elected they should not bee constrained to beare office , or to vndertake any wardship , or to take any office which concerned the collection or receipt of victuall or tribute : whereas before they were called to all these things without exception as well as any other citizens . in the eight yeere after , by the same prince his fauour they obtained immunitie and excuse from all ciuill functions , as appeareth by the constitutions of the same emperour q ; wherein hee giues this reason of his priuiledge : least the cleargie by the sacrilegious malice of certaine men might be called away from diuine seruice . and surely it is a thing worth the marking , against the vnthankfull ras●nesse of certaine clerikes , who can endure to ascribe the beginning of their immunities to the courtesie and gift of secular princes , because the same godly princes doth tearme those exemptions priuiledges ; for thus he : by the faction of hereticall persons we finde , that the clerikes of the catholike church , are so vexed , that they are oppressed with certaine nominations or susceptions , which the common custome requireth against the priuiledges granted to them . afterwards constantius and constance about the yeere thirtie sixe from the granting of the first priuiledge , arbitio and lollianus being consuls , granted an other priuiledge to the bishops , that they should not bee accused of any crimes before seculr iudges t but other persons of the ecclesiasticall order , inferior to bishops , that is , clerks and monkes , continued vnto iustinianus his time vnder the iurisdiction of ciuill magistrates ; and for the same cause leo and anthemius emperors , ( about yeeres before iustinianus his empire ) ordained by way of fauour , that priests and clerkes , of the orthodoxall faith , of what degree soeuer , or monkes in ciuill causes should not be drawen by the sentence of any iudge greater or lesse , out of the prouince or place or countrie , which they inhabite ; but that they may answere the actions of all men that haue cause of suite against them before their ordinarie iudges , that is , the gouernours of the prouinces . behold how these being godly and catholike princes , affirme that the ordinarie iudges of the clerkes and monkes are the presidents of the prouinces , whom notwithstanding none of the fathers or bishops of that age challenged that they were in the wrong , or that they did not speake truly , holily , and orthodoxally . wherby it is plaine , that they conceiued too peruersly of iustinianus , who affirmed that he vsurped any iurisdiction ouer the laikes , wheras they are to giue him very great thanks , that he was the first of the emperours , who exempted the cleargie , ( being before that time altogether subiect to ciuill magistrates ) from secular iudgement in ciuill causes . which things being thus , it is plaine enough , that secular kings and princes , are indued with soueraigne power temporall , and that the cleargie is subiect vnto them in ciuill affaires . otherwise truly , neither could kings haue granted those priuiledges : nor holy and wise men , would haue prouided so ill for themselues and the whole church , that being of them selues absolute and free , and loose from the bands of temporall power , would suffer themselues to be brought into obligation for these manner of courtesies and priuiledges , for they plainly acknowledged that they were in their power and iurisdiction , by whom they could be endowed with such a manner of libertie , for that cannot be loosed and exempted , which was not bound or concluded before . besides , the princes thorough out the world , were at that time of so great pietie and deuotion , that if they had either found out by themselues , or vnderstood by the bishops or princes of the priests , that by the law of god , the clerikes were free from secular iurisdiction , they would forthwith haue prouided and enacted lawes and edicts for the same , nor haue challenged any title or interest either to their persons or goods . for if out of an only zeale of deuotion they gaue away so frankely and so profusely , euen those things which they conceiued to be their owne , how much more would they haue abstained and held their hands from those things which by no title or right were due vnto them . therefore the exemptions and priuiledges , which christian princes haue granted to ecclesiastike persons , for honor and reuerence vnto them , do sufficiently declare , yea conuince , that those princes are greater then all priests in temporall power , nor that the chiefe bishop and prince of priests , and euen the vicar of christ is exempted for other reason , and reputed as a priuiledged person , but that he is a temporall prince also , and sustaines a two fold person , the one of peters succession in the gouernment of the church , the other of asecular prince in a temporall iurisdiction , which he hath receiued by the liberality of other princes . chap. xvi . by the same reason may the difference be ouerthrowen manifestly , which he putteth between heathen princes and christian princes , as far as concernes temporall domination ouer ecclesiastike persons : which place i cannot now passe by in silence without blam . for he saith that the a bishop was subiect ( ciuiliter & de facto ) to heathen princes : because christian law depriues no man of his right and inheritance . therefore as before the law of christ men were subiect to emperours and kings , so also they were after . but when princes became christians , and of their accord receiued the lawes of the gospell , presently they subiected themselues to the president of the ecclesiastike hierarchy , as sheepe to the pastor and members to the head , and therefore afterwards ought to be iudged by him , and not to iudge him . it is an exceeding great fault in disputing , to take those things which are enunciated of any one subiect , for a certaine cause : or are remoued from one subiect for a certaine cause , and to attribute or detract them to , or from another thing diuers and vnlike , and to which the same cause doth not agree : or indistinctly and confusedly to shuffle those things together in the conclusion , which ought to be seuered and parted by some distinction . which fault who cannot plainely deprehend , in this former reasoning of bellarmine ? in which that is indefinitly and generally concluded of both the kindes of power and iudgement , which ought truly and rightly to haue beene enunciated of one of them alone . for that princes conuerted to christ , submit themselues as sheepe to the pastor , and members to the head , that cannot without wilfull cauill be vnderstood but of spirituall subiection : since they were not made his children or sheepe in other respect , then for that they were by the same spirit regenerate in iesu christ , and gouerned by the faith of the church . therefore in all matters , which belong to spirituall iurisdiction , it is true that they ought to be iudged by him , and not he by them . but this submission what is it to ciuill iudgement and temporall iurisdiction ? was it fit to 〈◊〉 and confound together matters of so diuerse and differe it kinds ? and that which might truely be affirmed of one of them alone , to pronounce generally and indefinitly of them both ? if he had said , and therefore ought to be iudged of 〈◊〉 spirituall matters , but not to iudge him afterwards , surely he had concluded his argument very well . but that same simple and absolutely , ab illo eos iudicari posse , is a 〈◊〉 collection . for there is a twofould kinde of iudgement , whereof by the one onely princes may be iudged by the pope : but by the other , the pope himselfe might be iudged by them , but that he had obtained a temporall gouernment which is subiect to none other . i pray you tell me , when constantinus magnus came to the church , did the romane empire , which before his baptisme was his , did it by and by passe into the hands and power of siluester the pope ? and the emperour , who was a man that affected glory so much , did he acknowledge the temporall power of that pope ouer him ? did either clodouaeus transfer the kingdome of france , or donaldus of scotland , or others their kingdomes into the temporall power and iurisdiction of the pope , as soone as they had embraced the faith ? that same caueat of paulus , the ciuilian is good : b aboue all things we must take heed , least a contract made in another matter , or with another person , hurt in another matter or another person . therefore let bellarmine search as much as he list , the annals and records of all nations , let him read through all scriptures and stories , he shall finde amongst them no one step , whereby it may be gathered , that those christian princes , when they gaue their names to the church , did submit their scepters to the pope and did specially and by name a bandon their soueraigne temporall magistracie ? but it must appeare that princes wittingly and knowingly did descend and giue themselues into the dition and authoritie temporall of the pope ; or we must confesse , that as much as concerned regall dignitie , they remained after baptisme in the same power and condition , wherein they were before they receiued holy imitation of christianitie , for as he witnesseth himselfe , the law of christ depriues no man of his right and peculiar fee. but before they gaue their name to christ , of right and in fact , as he saith , they exercised ciuill authoritie ouer the pope , and might lawfully iudge him in temporall cases : therefore they might likewise doe it lawfully after baptisme . which if it be so , it cannot be by any meanes , that they should be iudged by him in temporall matters , seeing it is impossible , that any man should bee superiour and inferiour in the same kind of authoritie , and in respect of one and the same thing . it is true that those christian princes , for the reuerence they bare not onely to the pope , but also to all other bishops , yea and priests also , did very seldome put that iudgement in practise : but this argues a want of will onely , and not of power also . wherefore as a consul or president when he yeelds himselfe to adoption , transferres none of those rights , which belong to him by his office , into the familie and power of his adoptiue father , neither can transferre them , but reserues them all entirely to himselfe ; so princes in the beginning hauing deliuered themselues into the spirituall adoption of the ecclesiastike hierarchie , could by that act loose none of those things , which belonged to the right of a kingdome , and their publike ciuill estate : for that the nature of these powers is deuided , so as although being yoaked and coupled together they did very htlv and handsomely frame together in the same christian common-wealth : yet neither of them as it is such , is subiect or master to the other , and neither doth necessarilie follow and accompanie the other , but each may be both obtained , and also lost or kept without the other . but now because the learned bellarmine is very much delighted with similitudes , and besides prooues thi common opinion de indirect a potestate temporals summ● pontificis , by no testimonie either of scriptures or of ancient fathers : but onely by certaine reasons fetched a simili ( a very poore and weake foundation to build a demonstration vpon i thinke i shall not doe amisse , by a similitude of much more fitnesse to confirme also our opinion of this matter . the sonne of the familie , although he goe to warres , and beare publike office and charge , is by the law of god and man subiect to his father , in whose sacred houshold power he is yet abiding d . and againe the father , who hath this power ouer his sonne , is subiect to his sonne as a magistrate , but 〈◊〉 another kind of power . for the one , as he is a parent challengeth authority ouer his sonne , whereby he may correct , chastise , and punish him offending and committing any thing against the lawes of the family , or practising any thing against himselfe , or otherwise doing that which is vnworthy and vnfitting a good sonne , not by the right of a magistrate , but , by the authority of his fatherly power ; and not with euery kind of punishment , but only with certaine , which are allowed by the law . therefore , if his sonne deserue ill , he may disherit him , cast him out of the house , depriue him of the right of the family and kindred , and chastise him with other domesticall remedies e . but he can not disanull his magistracy , nor take from him his goods in the campe , nor condemne him by a publike iudgement ; neither inflict any other mulct or paine due for his fault by the law , either directly , or indirectly , because this course exceedeth the measure and iurisdiction of a fatherly power : but the other , although a sonne , and obliged by the fathers bond , yet as he is a magistrate in publike authority , ruleth ouer his father , and in publike affaires , and euen in priuate ( so be it they be not domesticall ) may command him as well as other citizens f . if there be a sonne of a family , saith vlpian , and beare an office , he may constraine his father in whose power he is , suspectum dicentem haereditatem adire & restituers . from hence , if the sonne of the family be consul , or president , he may either be emancipated or giuen into adoption before himselfe g . for which cause the father is no lesse bound then if he were a stranger , not only to obey his sonne , being in office , but also to rise to him , and to honor him with all the respect and honor , which belongeth to the magistrate h . in the very same manner the pope , who is the spirituall father of all christians , by his fatherly ecclesiastike power as the vicar of christ doth command kings and princes , as well as the rest of the faithfull : and in that respect , if kings commit any thing against god or the church , he may sharply chastise them with spirituall punishments , cast them out of the house and family of god , and disinherit them of the kingdome of heauen ( most fearefull and terrible punishments for christian hearts to thinke on ) because all these things are proper to his fatherly power spirituall . but neither can he take from them , temporall principality and domination , nor inflict ciuill punishments vpon them , because he hath obtained no ciuill and temporall iurisdiction ouer them , by which such manner of chastisement ought to be exercised : as also for that , the fatherly power spirituall , wherewith the pope is furnished is very far diuided from the ciuill and temporall in ends , offices , and euen in persons also . for god as he hath committed spirituall power to the pope and the other priests , so also hath he giuen the ciuill by an euerlasting 〈◊〉 tion to the king and the magistrates , which be vnder him . there is no power but of god. to this place belongs that ancient glosse , which the cardinall of cusa k writes that it was assured to the canon . hadrianus papa . in which canon it is deliuered , that the pope with the whole synod , granted to charles the great , the honor of the patriciate . for the glosse said that a patrician was a father to the pope in temporalities , as the pope was his father in spiritualities . and the same cardinall in the same booke speaking of the electers of the l germane emperors : from whence the electors , saith he , who in the time of henry the second were appointed by the common consent of all the almans , and others who were subiect to the empire , haue a radicall power from that common consent of all men , who might by the law of nature constitute an emperor ouer them : not from the bishop of rome , who hath no authority to giue a king or emperor to any prouince in the world , without the consent of the same . the same cardinall , being himselfe , both a great diume and philosopher , addeth many other things in that place , by which he confirmes our distinction and declares , that emperors and kings are both ouer and vnder the popes . and thus much touching the first reason of bellarmine , and the arguments brought by him to prooue the same . chap. xvii . the second reason followes , which is concluded by two fould arguments . the second reason , saith he , the ecclesiastike common-weale ought to be perfect , and in it selfe sufficient in order to her end . for such are all common-weales , rightly founded : therefore ought shee to haue all power necessary to attaine her end . but the power to vse and to dispose of temporall matters , is necessary to this spirituall end : because otherwise wicked princes might with impunity nourish heretikes , and ouerturne religion : therefore shee hath this power also . againe , euery common-wealth , because it ought to be perfect and sufficient in it selfe , may command another common-wealth , which is not subiect to it , and constraine it to change the gouernment , yea euen to depose hir prince , and to appoint another , when it cannot otherwise defend it selfe , from hir ininries : therefore much more may the spirituall common-weale command the temporall common-weale , being subiect to hir , and force it to change the gouernment , and to depose the princes and appoint others , seing she cannot otherwise maintaine hir spirituall good . i answer , that heere are so many faults in this place , as it seemeth that the author did either idlely and carelesly transcribe all this out of some other , or if it be all his owne , that he did not very well remember those things , which he had said before . for a little before , when as he laboured by another argument to prooue , that the ciuill power is subiect to the ecclesiastike , he affirmed that these powers were parts only of one common-wealth , and that they did constitute only one common-wealth . the first reason , saith he , is thus : the ciuill power is subiect to the spirituall power , because each of them is a part of the same christian common-wealth . and againe , secondly kings bishops , and clerikes and laikes do not make two common-wealthes but one . but in this place he quite changes these two powers into two common-wealthes , which therefore ought to be so seuered and disioyned , as that kings and laikes doe make a politike and temporall common-wealth : bishops and clerikes a spirituall or ecclesiastike : then which nothing could be spoken more absurdly or vnfitly for the present purpose . for either he speaketh in this place of an ecclesiastike power , which is wholy seuered from the ciuill power , as it was once in the time of the apostles , and now is in those places , where christians laie amongst heathen and infidesl : in which case it is euident that the power or common-wealth ecclesiastike , as he calles it , or the prince and hierarch thereof hath no authority at all , not so much as spirituall ouer the ciuill prince : because he is not a child of the church . a or he speakes of the power ecclesiastike ioyned with the ciuill , as in a christian common-wealth , and then hee doth wrong to make hir two common-wealthes , one ecclesiastike and the other politike , when as they be onely two powers of one christian common-wealth , and parts and members of one church and misticall body of christ , as himselfe deliuered before . further it is fals which he assumes . that the power to vse & to dispose of temporall matters , is necessary to a spiritual end , &c. for the prince of the apostles himselfe openly teacheth , that he had no such manner of authority ouer the temporalities of christians except those , which themselues of their owne accord , did confer and offer to the church , when he saith , b ananias , why hath satan tempted thy heart , that thou shouldest lie to the holy spirit , and defraud of the price of the field ? whilest it remained , did it not belong to thee , and being sould was it not in thy power ? if the apostles had had power to dispose of the temporalties of christians , peter surely had not said , did it not ? &c. and when as ananias might presently haue replied : yes , you had power to dispose of my goods , and therefore fearing least you would take from mee more then was cause , i concealed part of the price . but because the church had not this power , therefore without cause did he lye to the holy ghost . and how , if out of this foundation of bellarmine it should follow , that the primitiue church had not all necessarie power to attaine vnto her end ? for , for the space of yeeres and more , wherein she liued vnder heathen princes , after the passion of christ , she neuer had this power to dispose of christians temporalties : in which time notwithstanding , it is most certaine , that an infinite multitude of men and almost the greatest part of the world , had giuen their names to christ , and that a more seuere and strict discipline raigned in the church , then at any time beside , that it is impious to say , that the church was not then furnished with all necessarie meanes of right and of fact to attaine her end , for the workes of god are perfect . and surely he should doe christ no small iniurie , who thinkes that the church is by him left and deliuered to the apostles , destitute of necessarie meanes for her preseruation . whatsoeuer was necessarie for the church to attaine her end , was abundantly and plentifully bestowed by christ on his apostles when he said : ego dabo vobis os , & sapientiam , cui non poterunt resistere , & contradicere omnes aduersarij vestri c . therfore , whosoeuer conceiues that christ recommended his church to peter , and willed him thrice to feede his lambes and sheepe , and supposeth that for the feeding of those sheepe , and to the accomplishing of the end of his commandement , he did not grant them all things necessarie both in right and in fact , hee seemes to me no better then an atheist , and to doubt of the prouidence , power and goodnesse of god. let vs imagine that he did not giue all power necessarie for the execution of so great a charge ; can any other reason why he did not , be assigned , then for because either the lord knew not what was needfull , or had no abilitie in him to giue it , or ( which is a point of extreame malice , ) he meant to deceiue his seruants and friends , by enioyning that dutie vnto them , which hee knew very well that they were neuer able to performe . by these things , it is cleare , that the temporall authoritie and power to depose princes , is no way necessarie for the church to attain her end : although in humane consideration , it may seeme sometimes to be profitable . for god , who hath chosen the foolish things of the world , to confound the wise , and hath chosen the weake things of the world , to confound the strong e , knowing that his church only stood in need of spirituall armes , did so from the beginning furnish her with them , that she ouercame all humane power and might , so as it might be said truly : a domino factum est illud & est mirabile in oculis nostris f . s. bernard writeth excellently , ( as hee doth alwaies , ) to eugenius the pope g : this is peter , who was not at any time knowen to walke clad in silkes , or adorned with precious stones , not couered with gold , nor caried on a white steed , nor waited on with a guard of souldiers , nor compassed with troups of seruants attending on him : and yet he thought that without these , that wholesome commandement might be discharged siamas me , pasce oues meas : heerein thou hast succeeded not to peter but to constantine . therefore although the temporall power whereof we speake , may seeme to men to be necessarie for the church , yet to god it seemed neither necessarie , nor profitable , peraduenture for that reason , which the successe of matters and experience it selfe hath taught the posteritie , least the apostles and their successors trusting on humane authoritie , should more negligently intend spirituall matters , and should chiefly place their hope in armes and in a temporall authoritie and might , which they ought to settle in the power of the word of god and in his singular helpe . and indeed if a man would take a view in storie of the state of the church from the passion of christ to this day , he shall see , altogether that she grew very soone , and flourished very long , vnder bishops that were content with their owne authoritie , that is , with spirituall iurisdiction : who being the disciples of the humilitie of christ , iudged , that the onely strength to defend the church , did consist in the power of preaching the gospell , and the diligent obseruation of ecclesiastike discipline , without any mention of temporall power . and againe ●●om the time that certaine popes went about to annex and adioine a soueraigne temporall gouernment to that spiritual soueraigntie which they had , that the church decased euery day , both in the number of beleeuers , and behauiour and vertue of gouernours ; and that same seueritie of the ancient discipline being either remitted , or to speake more truely , being omitted , that many ministers of the church discharged their places more slothfully and carelesly then before . i omit that if these mens reasons were good it would follow by contraries : that the temporall common wealth , as they speake , hath power to dispose of spirituall matters , and to depose the soueraigne prince of the ecclesiastike common wealth : because , it ought to be perfect and sufficient in it selfe , in order to her end , and to haue all power necessary to attaine to her end : but the power to dispose of spirituall matters , and to depose the prince ecclesiastike is necessary to the temporall end , because otherwise wicked ecclesiasticall princes , may trouble the state and quiet of a temporall common wealth , and hinder the end of the ciuill gouernment , as indeed diuerse popes haue been causes of much vnquietnesse . therefore the temporall common-wealth hath this power . the consecution is vtterly false and absurd , ( for a temporall prince , as he is such a one hath no spirituall power ) and therefore the other is false too , to which this by analogie is a consequent . but as we vse to speake , dare absurdum non est soluere argumentum : therefore i doe answer otherwise to the former part of this second reason . that here be not two common weales as he supposeth , but one only , wherein there be two powers , or two magistrates : the ecclesiastike and the politike , whereof each hath those things , which he doth of necessity require to attaine his end : the one his spirituall , the other his temporall iurisdiction : and that neither this iurisdiction is necessary to that power , nor that for this . otherwise we must confesse , that each power is destitute of her necessary meanes , then when they were seuered , as sometimes they were : which i haue already shewed to be very false , as well out of the end of the temporall or ciuill gouernment , at it is such h , as by the state of the church , being established vnder heathen and infidell princes i . according to this manner , in one and the same ciuill policie i meane , in one city or kingdome , many magistrates are found inuested with diuerse offices , power and authority , who gouerne the common weale committed to them in parts , euery one of whom receiueth from the king or common wealth necessary power to attaine the end of their charge , so as none of them may or dare , inuade and arrogate to themselues , the iurisdiction and rule of an other . if the consuls want any part of the tribunes power , or the tribunes any of the consular iurisdiction , it can not be said therefore , that both haue need of an others power to compasse their ends : for each office according to the ground of the first institution is perfect and furnished with all necessary authority for the execution of his charge . or to bring forth more known examples . as in one kingdome and vnder one king there are two great offices , whereof the one the chancellor , the other the constable hath by commission from the king , ( the one hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the speciall charge of the law and iustice , the other the managing of armes , and the gouernment of all military discipline committed to him , ) and each of them according to the quality and condition of his office is absolute , and receiueth from the king all authority necessary for the execution of his charge , and the compassing of his end . neither , if peraduenture one of them either of negligence or iniury doe hinder the course of the other , may he that is so hindred by his proper authority disanull his office , or vsurpe his iurisdiction , or to be short enforce him to amend his fault , but by lawfull meanes granted him by commission from the king : but it is requisite that each complaine to the king of others abuse , of whom they haue receiued their authority so distinguished in offices and function , that he may right him that is wronged and determine by his owne power and iudgement the diuision of the whole cause . now so long as these officers doe agree in the kingdome , the one maintaines an others authority , and vseth of his owne to supply that which is wanting in the other . but if a country-man , to auoid iudgement of law doe depart into the campe to the army , the aide of the martiall at armes being required , he is wont to be sent backe to the place , from whence he fled : and of the contrary , if one that forsakes his coloures shall slip into the city , the city magistrate being requested by the magistrate at armes , will by and by see him conueighed to the campe to be punished for his misdemeanour . but where they doe disagree , they giue those wounds to the common-wealth , which the prince onely can helpe and cure : because it is not lawfull for them to vse another mans authority , and is fitting for the one onely to meddle in matter of armes , and for the other with matter of iustice . in the same manner two soueraigne magistrates of the christian common-wealth , the king and the pope , doe receiue from the common king and lord of all , the great god of heauen and earth ; a diuers power , each perfect in his kind , and gouerne the people by different iurisdictions and offices . and these surely , so long as they agree together in concord of mindes , doe naturally assist one another , to the maintenance and conseruation of each power and authority , so as both the ecclesiastike power , doth with the heauenly and spiritual sword , strike such as be seditious and rebellious subiects to their secular prince , and in requitall the power temporall and politike doth with an armed hand , pursue schismatikes , and others falling from the faith , or otherwise carying themselues stubbornly toward their holy mother the church , and doth sharply chastice them with temporall punishments and ciuil corrections : and mulctes . but when they are rent into contrary factions , and oppose themselues one against the other , the whole christian common-wealth either wholly fales to ground , or at least is most greeuously wounded : because there is none but god alone , who can lawfully deuide that cause , and redresse the wrong offred of either side . chap. xviii . being desirous to passe on to other matters , i was a little staide , by a doubt which did arise touching the sense of the late argument of the second reason , which was conceiued by the author in these words . a also euery common-weale , because shee ought to be perfect and sufficient in hirselfe , may command another common-wealth , not subiect to hir , and inforce hir to change her gouernment , yea also to depose hir prince , and to ordaine another , being shee cannot otherwise defend hirselfe from hir iniuries . for to confesse the truth , when i first read these words in him , i paused awhile , that i might throughly vnderstand the meaning of these words , and what the moment and waight of this argument might be . for he seemed not plainly and expresly to approue it , because he did lay open to vs certaine meanes of forceing a neighbour common-wealth , and deposing the prince thereof . and when i had a long time skanned and examined the same , i resolued that either it was a riddle , or that his words doe admit this sence and interpretation . euery common-weale may denounce and wage a iust war against another common-wealth , which beares both hatred and armes against her , when as she cannot otherwise deliuer hirselfe from hir iniurie , and if shee be the stronger may by force and armes force hir to conditions of peace : and if she suppose that by that caution shee hath not yet prouided sufficiently for hir security ( because peraduenture shee hath to do with a people that is by nature false and treacherous ) may reduce the whole country into her power and iurisdiction , and giue her lawes and orders , remooue hir prince , take away hir authority , and at hir pleasure alter the whole administration of the common-wealth into another form . but if this be the true sense of these words , as i suppose it is , that argument surely was to small purpose brought of bellarmine , for that is not gathered from hence , which he concludes forsooth . much more may the spirituall common-wealth , command the temporall common-wealth , being subiect vnto hir , and force hir to change hir administration , and to depose princes , and ordaine others , &c. because in this case there be not two common-wealthes , but onely one christian , resting on two powers , whereof neither is subiect to other , as we haue aboue sufficiently demonstrated : as also , for that if we grant , that they are two common-wealthes distinct , the ecclesiasticall or spirituall , and the temporall , he must of force confesse , that in the one all bishops and clerikes only are comprised , in the other all secular princes and laikes ; or that this is compounded of onely ecclesiastikes , that of onely laikes . for although the laikes and clerikes together , doe constitute one church and one christian common-weale , yet they doe not make together one ecclesiastike and spiritual common-wealth , as it is distinguished from the temporall : nor one temporall and secular common-wealth , but according to the diuision and separation aboue named , the laikes make the temporall , and the ecclesiastikes the spirituall : in the case wherein the temporall is distinguished from the spirituall after this manner . but now seeing the ecclesiastike common-wealth , containes onely clerikes , whose weapons ought to be none other , but praiers and teares , how can it be , that she being weake and vnarmed can compell ( but by miracle ) a temporall common-weale armed , to change the manner of her administration ? therefore there is nothing more fond then this comparison and consequution of bellarmine , since in reasoning he proceeds : from common-wealthes well prouided for exercise and furniture of armes , to common-wealthes , the one whereof is vtterly disfurnished of armes . for as oft as one state either repelleth the iniuries , which another would offer , or reuengeth them , being offered , she fighteth with those armes , which are allowed her , and which by law of armes she may vse : that is to say , corporall and visible , by force whereof she ouerturnes the bodies of her enemies , inuades their holds , battereth townes , and ouerthrowes the whole state of the enemie common-wealth . but the spirituall common-weale , which he calles , is quite destitute of this kind of armes , and because it is composed of clerikes onely , it is lawfull for her , to fight with spirituall armes onely , which are , prayers and teares , for such are the defences of priests : in no other manner neither ought they , neither can they resist b for all of them are commanded in the person of peter to put vp the materiall sword . how then can the spirituall common-wealth constraine the temporall common-wealth , which contemnes the spirituall thunder-boltes , that she should change the manner and forme of her administration or depose her prince , and ordaine another ? now if any peraduenture doe propound , that the ecclesiastike common-wealth should bee assisted in the execution of so great a matter , by the humane forces of secular men , ( for princes and all other christians ought to be nurses and defenders of the church ) he will be answered out of hand , that in that case the ecclesiastike common-wealth , doth not constraine the temporall common-weale , but is onely the cause , wherefore an other state temporall , by whose helpe that spirituall one is defended and protected , doth reuenge the wrong done vnto the church . in no other manner than if the whole common-wealth should reuenge an iniurie or a slaughter receiued in the person of one citizen . euen as it is recorded , that the rest of the tribes of israell , did wage a bitter and a grieuous warre against the beniamites , for rauishing the wife of one leuite . so the graecians in times past reuenged menclaus his iniurie , with the ruine of troy. and the romanes punished with a sharpe warre , teuca , queene of the 〈◊〉 , for the murder executed on l. coruncanus ; forced the queene to depart out of illiricum , and to pay a great yeerely tribute d . will any man heere say , that the ●e●ia●ites , troianes , illyrians , were vanquished and repressed by the leuite , menclaus or coruncanus , now dead , and not rather by them who for their sakes tooke armes and punished the enemies ? in like manner will any say , it is the ecclesiastike common-wealth , which bridles and reduceth into order , the temporall , playing vpon them with much iniurious and insolent demeanour : and not rather an other temporall state , which enters in armes for the sake of the ecclesiastike republique ; and without whose helpe , the church her selfe and all her orders would lie troden and trampled vnder foote ? what if there bee no temporall state , which will or dare contest with this state which is enemie to the ecclesiastike common-wealth ? by what meanes then will she reuenge herselfe ? to vse few wordes : although we grant them their comparison and conclusion , there can nothing bee made of it , but that the pope hath such a power to dispose of temporall matters of christians , and to depose princes , as either the king of france is knowen to haue ouer the english , spaniards , or other neighbour people , who doe him wrong , or any of these vpon the state and kings of france , if they haue offended them , which power in what manner , and of what proportion it is , can onely be determined and decided by the sword . chap. xix . these although they may suffice for the refuting of the second reason , yet least in these writings of this most learned man , i should passe ouer any thing , which because it is either vntouched , or negligently handled , might beget any error , or cast any scruple into the reader , it is a matter worth the paines to examine and sift , what that might be which for the strengthning of his reason he brings out of s. bernard , in the bookes de consid. ad eugen a . bernard indeed aduiseth that the materiall sword is to be exercised by the souldiers hand at the becke of the priest and commandement of the emperour , which we surely confesse , for warres both are vndertaken more iustly , and discharged more happily , when the ecclesiasticall holines doth agree & conspire with kingly authoritie . but we must note , he attributeth only to the priest a becke , that is , the consent and desire to wage warre ; but to the emperour the commandement and authoritie . whereby it is euident , that hee speaketh in no other respect , that the materiall sword belongeth to the church , then for that in a christian estate , although the authoritie and command for warre be in the power of emperours , kings and princes , yet warres are with more iustice waged , where the consent of the ecclesiastike power comes in , which being guided by the spirit of god , can more sharpely and truly iudge between right and wrong , godly , or vngodly . but what if the emperour will not draw his sword at the becke of the priest ? nay what if he shall draw it against the priests beck and assent ? doth s. bernard in this case giue to the priest any temporall power ouer the emperour ? ( for this is it which we seeke in this place , and whereon our whole disputation turneth ) surely none at all . but he rather teacheth , that none belongeth to him , whenas he saith , that the materiall sword , ( by which sword the soueraigne power temporall is signified ) may not bee exercised by the church : but onely by the hand of the souldier , and commandement of the emperour . which same point gratianus deliuers more plainly , being almost s. bernards equall . b when peter , saith he , who was first of all the apostles chosen by the lord , did vse the materiall word , that he might defend his master from the iniurie of the iewes , he heard , turne thy sword into the seabbard , for euery one , who takes the sword , shall perish by the sword , as if it had beene told him openly : hitherto it was lawfull for the and thy predecessors to prosequ●te the enemies of god with the temporall sword : heereafter for an example of patience turne thy sword , that is hitherto granted to thee , into the scabbard : and yet exercise the spirituall sword which is the word of god , in the kiling of thy former life , for euery one besides him or his authoritie , who vseth lawfull power , who as the apostle saith , d beareth not the sword without cause , to whom also euery soule ought to be subiect : i say euery one , who without such a warrant receiueth the sword , shall perish by the sword . if these of bernard and gratian bee true , it can by no meanes be , that the pope should with any right exercise temporall power vpon the emperour , or other secular princes : for it cannot be exercised but by the sword , and the sword cannot be by the souldier drawen , but by their commandement : and so this temporall power , would prooue vtterly vaine and vnprofitable in the person of the pope , when as the execution thereof should bee denied him . vnlesse some emperour perchance should be besotted with so fatall a fatuitie , that he would command the souldiers to beare armes against himselfe ; or should be indued with so great sanctitie and iustice , that he doe by his edict signifie that they should not spare himselfe if hee should offend . hitherto belongs that , which s. ambrose writeth , e the law saith he , forbiddeth not to strike , and therefore peraduenture christ said to peter , offering two swordes . it is enough , as though it were lawfull vntill the gospell , that there might be in the law an instruction of equitie , in the gospell perfection of goodnesse . besides we must vnderstand , that that place of the gospell , touching two swords , which they obiect vnto vs , is not necessarily to be vnderstood of the temporall and spirituall swords , yea that it is far more agreeable to the speech of our sauior in that place , that it should be vnderstood of the spirituall sword , and the sword of the passion : as amb. expoundeth it learnedly and holily in that place . for christ in that last speech with the disciples before his passion , admonished them , that they should be sent to preach the gospell , of a few other manner of conditions after his death came they should receiue this commandement , euntes in mundum vniuersum predicate euangelium vniuersae creaturae : then before they had beene sent by him , when as yet he liued with them in the earth : as if he had said , hitherto i haue so sent you as you haue needed neither bagge , nor girdle , nor shooes , but heereafter i will send you to preach the gospell : and you will haue neede of a bagge and a scrip , to wit of care and patience : and also of the two swords , the spirituall and that of the passion , whereof it is said . h a sword shall pierce thy soule , for there is a spirituall sword , ( saith ambrose in that place ) that thou shouldest sell thy patrimony , purchase the word whereby the naked inward reines of the soule are cloathed and furnished . there is also a sword of the passion , that thou put of thy body , that with the cast cloathes of thy flesh sacrifised , thou maiest buy a crowne of martyrdome , which thou maiest gather out of the blessings of the lord , who preached that it was the summe of all crownes , if a man suffer persecution for righteousnesse . lastly , that you may know of what passion he spake , least he should trouble the mindes of his disciples , he brought foorth the example touching himselfe , saving : because as yet , that which is written ought to be fulfilled in me : that he was reputed with the iniust . i thus he , to which i will at last adioyne , that bellarmine himselfe , in the bookes , de summo pontifice , k prooueth that it is not the meaning of that place of the gospell , that it should be vnderstood of the spirituall and temporall sword . i answered , saith he , that no mention is made in that place of the gospell , of the spirituall and temporall sword of the pope , but onely that by those words the lord would admonish his disciples that in the time of his passion they should be in those straightes , and in that feare , wherein they are wont to be , who are glad to sell their c●ate to buy them a sword withall . where vpon hee affirmeth , that s. bernard , and pope boniface the viij . did mystically onely interpret this place of the two swords . which seeing it is so , and that it is certaine both by the interpretation of the fathers , and also by the confession of bellarmine himselfe , that the words of our sauiour , are not truely , properly , and strictly to be taken of those swords , ( about which all our swords are drawen , and we together by the eares ) surely then that speech of bernard is very wrongfully alleadged , to prooue that the pope in any case hath temporal power ouer christian princes , or that the temporall sword is vnder the spirituall sword ; the which neither s. bernard saith there , neither ●●uld so say without wresting and peruerting the place . therefore although we grant neuer so much , that the place is to be vnderstood mystically of the spirituall and temporall sword , yet that exposition of bernards will onely worke thus much , that we may vnderstand , that christian kings and princes , ought to wage warre for the church , by the counsell of the church or of the pope . which no sober man will euer deny . and so christ ( if in this manner we vnderstand his words mystically ) two swords being shewed said , satis est . not to signifie that one sword should be subiect to the other : or that both of them should be in the hand of the pope and the priests , ( for that exposition is faulty , and is repugnant both to right reason , and also to the doctrine of the ancient fathers , wherein it is taught that kings and emperours , haue god onely for their superiour in temporalities ) but to admonish vs , that there should be at the last in the christian common-wealth a meeting and concourse of both the swords , spirituall and temporall , when princes should be conuerted to the faith , and that by them two , the church should be euery way protected and defended from iniury . but because we are fallen into this notable place of s. bernard , i would wish the reader by the way , diligently to consider with me , that which i know not , whether any hath obserued heretofore . what is the reason that he , writing to eugenius the pope of the temporall sword , first saith , tuo forsitan nutu , etsi non tua manu cuaginandus . then a few lines after , doth adde , that the same sword is to be vsed nutu sacerdotis : and addes not forsitan ? doth that same , forsitan , either abound in the former sentence , or faile in the latter : the truth is , that the godly and wise man did it of purpose : that he might with some finenesse distinguish the person of the pope , from the pontificall or sacerdotall authority and office , and teach , that it importeth very much , whether the pope or eugenius , although both pope and eugenius were the same , doe bid or forbid any thing . i meane whether the pope , as a man obnoxious to the perturbations of the mind , would haue the sword drawen , not for the church according to the duty of his function : but by the instigation of a corrupt affection : or as a priest , that is , a good and holy man , doe command or refuse that the sword should be drawen and war waged , seruing not his owne turne , but the profit of the church . as if he should say ô eugenius , cheefe bishop , the temporall sword is not absolutely and simply to be drawen at thy commandement , but peraduenture ; euen then , when as for the euident commodity of the church , you shall aduise them with wise and sound counsell who haue the sword in their power : but not then , when as out of the desire you haue , either to practise ancient enmity with any , or to powre out any new conceiued hatred , or to satisfie any ambitious desire to rule , you shall purpose to set christian kings , and people by the eares , or to wage and bring any was upon them . for that is a point of a priest , this of a man. for that is a meditation and action of a priest , this of a man ; that of a bishop , this of eugenius , or some other that holds the bishops sea . that this was s. bernards meaning in those words , the actions of certaine bishops who haue beene beyond measure transported with anger and pride , haue plainly declared . but let vs returne to our purpose . chap. xx. the third reason in bellarmine is : it is not lawfull for 〈◊〉 to tolerate a king that is an infidell or an be 〈◊〉 vncendeauour to draw his subiects to heresie or 〈◊〉 . but to iudge whether a king doe draw to heresie or 〈…〉 pope , to whom the charge of religion is committe● . ergo , it belongs to the pope to iudge , that a king is to be 〈◊〉 not to be ●epo●ed . and he labours to prooue th● proposition of this reason by three arguments . therefore i answer to that : that he saith , that it is not 〈…〉 to tolerate a king that is an heretike or an 〈◊〉 &c. that this proposition is as false as false may be : otherwise all antiquity is to be condemned , which did beare with great submission and patience , kings hereticall and infidel● , who went about to destroy the church of god ; 〈…〉 propter con●cientiam ; that is , not 〈◊〉 that they wanted strength to enforce ●icked 〈…〉 that they iudged that they might not by the law o● god. but becau●● we haue in our books against the 〈…〉 and also a●oue in this booke , we haue 〈…〉 hurtfull and mischieuous er●●● , there is no cause wh● we should dwell any long 〈…〉 the fa●●●ood thereof . it only remaineth that 〈…〉 sh●w the faults of the arguments , wherewith 〈…〉 to prooue his false proposition . i 〈◊〉 first argument he f●tches out of deuteron●mie ; where the people is forbidden to chuse a king , which is not 〈…〉 brethren , that is , who is not a iew , least he d●aw them to idolatry : therefore also christians , are forbidden to 〈◊〉 one that is no christian . grant all this be true . then 〈◊〉 these parts thus granted he proceeds in this 〈◊〉 againe : it is equally dangerous and hurtfull to chuse one that is not a christian , & not to depose a non christian : as it is known . ergo , christians are bound not to suffer euer them a king not christian , if he endeuour to turne the people from the ●au● . i answer , that this consequence is not good , and that by such vitious and deceitfull manner of arguing many are turned from the truth . now the fallacy is in this , that he determines and assumes for certaine that there is law , wheresoeuer the same hurt or danger is ; which i shall prooue presently to be most false . neither is it like that , which the 〈◊〉 deliuer , v●●●adem ratio est , ●us idem esse 〈◊〉 . d . therefore we must obserue , that he doth not sa●e , 〈◊〉 demp●●●att esse , eligere non christianum & non deponere non christianum : that it is as faulty or vnlawfull , &c. which if he had said i had denied the antecedent : but he saith 〈…〉 esse that it is as hurtful and dangerous &c. whence he doth falsly gather that christians are ●ound not to suffer ouer them a king that is no christian. for it followeth not , where the same harme and danger is , that the same power to doe any thing is granted to the party who is 〈◊〉 or endangered , nor where equall harme and danger is , there also is equall sinne or merit ; and this may be easily prooued by examples . he that re 〈◊〉 ounds , or is spoiled of his goods , suffers the same danger and mischeefe , whether it be by force from a robber , or a wandring souldier , or that he be oppressed of a magistrate by an vniust sentence . but the same remedy is not prouided against both these , to run vpon a robber , and to kill him , in defense of himselfe and his goods , it is very lawfull e , reseruing as they say , the moderation of the defensiue resistance , that it be without blame . but it is not likewise lawfull to resist a magistrate , who according to the power of his iurisdiction had passed an vniust sentence against him , by reason of the authority which iudgements and matters iudged vse to haue . marke i pray you , although in both respects , there be the like harme and losse to him that is spoiled , yet the same law is not of force in both places . againe it is a matter of the same danger and hurt , deliberately to enter into a ship , whose kee●e you know to be ●●aken and hath sprung a leake : and to enter into that , which you take to be sound , when as indeed she is rotten and full of leakes . i say it is a matter equally dangerous not equally vnlawfull . in the first case , you tempt god , and procure to your selfe your owne death : but in the later , it 〈◊〉 haue vsed all possible diligence , you doe not offend , it ignorantly you commit your selfe to such a ship . so it is a matter of the same danger and hurt , to mary a woman for her wealth or beauty , which you know to be ●● an vnquiet , and a 〈◊〉 disposition : and by chance to light vpon one , which you doe not know to be such a one . and yet he that casts himself into so manifest a danger seemeth greatly to offend , who in the shaping of the course of his life , doth tempt god. but he , that being ignorant of his to tune , and of the moro●●ty and sharpnesse of the woman , shall mary her , not only committeth nothing against god , but by his daily troubles and miseries , if he beare them with a strong and patient minde , doth please him as it were by a certaine kind of martirdome . i ●ight produce many examples of this kind , to conuince the captiousnesse of this argument of bellarmines . therefore as it followeth not , if he that knowes a woman to be extreamly wicked , and so froward , that there is no hope to hu● with her in peace and quietnesse , ought not to take her to wife , ( because by that act , he doth cast himselfe into 〈◊〉 danger ) that he also who casually and vnwittingly ha●h light of such a one , ought to forsake or refuse her , notwithstanding the bond of matrimony , although it be a matter of the same danger and hurt , if he keepe her . in like manner it followeth not , if christians be bound not to chuse a king who is no christian , or an heretike , that they are ●ound also , not to endure him being now chosen , because many things hinder a businesse which is to be done , which doe not dissolue the same being done , as we haue other where shewed at large . and this is sufficient to weaken the force of this argument . chap. xxi . bvt yet i am constrayned to stay heere a little longer , that i may further discouer and represse another errour , which he adioynes as a complement to his former reason for to confirme that which he said . that christians are bound not to suffer ouer them a king , that is no christian , &c. and because he would haue none to doubt of this proposition , because in times past christians did both tolerat , and honour many princes , euen because they were princes , without any scruple of conscience , which were partly heathen , partly heretikes , that i say he might preuent with some solution this so strong an obiection and so peremptory against his former positiō , he presently adioyneth these words . now if christians in times past did not depose nero , and diocl●tianus and iulianus the apostate , and valens the arian , and such like , it was because the christians wanted temporall strongth . for that otherwise they might iustly haue done it , appeareth by the apostle , . cor. . where hee commands that new iudges in temporall causes , should be set ouer the christians , least the christians should be enforced to bring their causes , and debate them before a iudge , that was a persecutor of christ. for as new iudges might be appointed , so also might new princes and kings haue beene for the same cause if they had had strength sufficient for such an enterprise . heere be many things , worthy to be reprehended , and which i doe much maruell , that a man so learned , and trained in authors both sacred and prophane , would euer commit to writing . for first he saith , that the want of strength was the cause , why christians in times past did not depose nero , d●●cle●ian , iulian , ualens and the like , we haue sufficiently declared to be most false , by cleere and vndoubted testimonies in our bookes a deregno , and also aboue in this booke , and will foorth with demonstrate , euen out of the principles laid and granted by himselfe . secondly there is nothing more●o●d nor more vnreasonable , ye● , that i may speake it without offence of so great a man , nothing more 〈…〉 to alledge the authority of s. paul for to giue grace and cre●●t to 〈…〉 proposition , in whose writing there is not so 〈…〉 one word , which without 〈…〉 ●●construction and ●au●●l can be applied 〈…〉 they say or by ●g●●e and by interpretation to 〈…〉 of such a position . and indeed , that i 〈◊〉 speake freely ▪ they doe with two much liberty of interpretation abuse s. paul● doctrine , who out of that first 〈…〉 to the corinthians , doe collect that it was 〈…〉 christians to depose ethinke or heretike prin 〈…〉 other in their places . indeed the apo 〈…〉 in that place rebuke the christians , to that they 〈◊〉 one another with sutes , & had no iudgment among them at all : and also for that they drew one another to the ben●●es o● ethnike and infidell iudges , to whom euery christian name was hatefull . and yet he did this not that he ●ould teach them or signifie to them by this 〈◊〉 , that ethnike magistrates had no iurisdiction o●●● christian● , or that the christians might by any de 〈◊〉 bring to passe that ethnikes should carry no politike do●● 〈…〉 them : but that he might shew , that it was a 〈…〉 the religion and profession of a christian that they who were newly regenerate in christ , and were called into his fellowship , had ●ather to maintaine law 〈◊〉 and questions before infidell iudges , then to pacific and compose their businesse and controuersies begun amongst them , by the iudgement and arbitration of the brethren , which is , of the christians . therefore the apostle doth not by this speech disanull the authoritie of the heathen , neither signifieth that the christians may make defection from them : but onely misliketh and reprooueth the peeuishnesse and stiffenesse of certaine christians , that whereas they had brethren , that is , men of the same religion with them , who being by common co●●ent appointed a●bitratou●s , might with a louing and friendly affection iustly and wisely dis●eptate and order their causes within their domestike and priuate walles , not being contented ●ith these , would contentiously appeale to the great s●andall of religion , to such iudges as were both without saith and iustice . whenc● s. th●●as vpon that place saith , but it seemeth to bee otherwise , which ●s said . . p●t . . ●e ye● s●biect to euery humane creature for god , either to the ki●g as the sou●raigne , or l●●utenant●●●●t as it were from him , for it appertaines to the a●t●oritie of t●● prince to iu●ge of his subiects . therefore it i● against the 〈◊〉 of god , to f●r●id that his iu●g●ment should be 〈…〉 i●fide●l . but we must say , that the apo●●●● 〈…〉 but that the 〈…〉 being ●laced vnder ●●fidell pr●●ces , may make their app●●rance before them , if the● be un●m●ned ●●r this were agai●st the su●i●ction , which i● due to pri●c●s , but ●e for●●●● th●m that they should not be 〈◊〉 ●●●●ard to runne to the iudgement ●eates of infidels . vpon the selfe same place the●deret & hier●me do almost write the selfe same things . the apostle ( saith he ) doth not heere forbid the ●ait●●ull , liuing vnder vn●aithfull princes , to appeare before th●m , when they are summ●ned , for this were against the ●ubiection which is due to princes , but forbids their ●astie and voluntarie running to infidell iudges , in those busine●● 〈◊〉 which may be determined by the faithfull . therefore the apostle in that place commands nothing , which may either take away or di●inish the iurisdiction and authoritie of infidell iudges ouer christians , or any way giue preiudice to the same : ●ea he could not iustly command any thing against that subiection , since it is of the law of nature , being confirmed by god his authoritie , as by s. ambro●e his witnesse , the apostle himselfe teacheth other where e . therefore this constitution of iudges , whereof we speake , did by no meanes exempt christians , from the subiection and iurisdiction of ethnike magistrates , but onely tooke from them the necessitie of appealing to them , when as they should haue iudges constituted by common consent among themselues , by whose arbitrations the questions that rise among them might be composed . now indeed these iudges were no better then vmpires without authoritie , without power to draw any person before them , exercising onely a voluntarie iurisdiction ; and therefore if either a crosse and ouerti●● a●t christian , or any i thinke had called a christian before an 〈◊〉 fidell iudge : this authoritie of these christian iudges had nothing auailed him that was thus called , but that he must needs present himselfe before the heathen be●●h : nay he were in conscience bound to present himselfe , by reason of the subiection , which we owe our superiours by the law of nature . moreouer if a man doe looke more wishly on that place of the apostle , he that of serue that in that place the apostle takes paines to instruct their christian mindes to fuangelicall perfection , which is a matter rather of counsell then of precept , seeing he exhorts them that they would rather take wrong and suffer losse , then so to ●●nuase su●es among themselues . according to that of our sauiour . f if any man shall strike the one the right cheeke , hold him thy other , and he that will goe to law with thee , and take away thy coate , let him haue thy cl●ake also . and so the fathers of the church , ambrose , primastus , theodoret , and all the rest vnderstood that place , for that he saith . now surely , there is altogether a fault amongst you , that you haue iudgements amongst you , why do you not rather suffer losse ? that , vnlesse it be vnderstood of the preseruation of life , or of the most perfect state of life , cannot possibly be admitted , seeing it is a plaine ●ase amongst all men , that they doe not offend , who being oppressed with iniuries and contumelies , desire to be releeued and succoured by the iudge . therefore s. paul in that place , doth like a good father of many children , who worthily rebukes his children , that fall out among themselues , both for that by dissentions and iarrings they violate brotherly loue , as also for that they had not beene more willing , to end and determine the controuersie which did arise among them rather by the aduise of the brethren , then wrap them in the noise and tumults of iudiciall courtes , and decide them by the verdict of strangers . seeing these thing , are thus , good god what a miserable blindnesse and ignorance is this , or indeed a wilful craft and cunning , to seeke to gather out of those words of paul , that it had beene lawfull for the christians to depose all i thinke emperours or magistrates , if they had had strength and power to effect the same ? seeing especially that the apostle doth other where command all christians of necessity to be subiect to those ethnike powers non solum propter●●am , least if they should practise defection , they should suffer punishment from these magistrates whose displeasure the had incurred : sed etiam propter conscientiam , for because they could not with a sound and safe conscience withdraw themselues from their obedience and subiection , which is the ordinance of god , or resist and withstand the same . for this is of necessity to be subiect for conscience sake , or propter deum , for god as s. peter commandeth . h moreouer the first christians after the apostles , did ingenuously confesse , that the emperour , although hee were a heathen and a persecuter of the faith , yet was ordained of god , and was inferour to god alone . i therefore if christians for conscience had need to obey those heathen magistrates , is it not plaine that they contained themselues from all practise of rebellion and defection , not because they could not , but because they lawfully might not ? or if the emperour were inferiour to god only , and the lesse could not depose the greater , how could the christian subiects depose him ? what doth either the apostle fight with himselfe , or doth peter teach one thing and paul another ? or euen those ancient fathers , who succeeded the apostles , were they ignorant of their whole ●●g●t and ●●●ledge against i●nded or heret●k● kings and m●g●●tra●●● for that they had force and strength equall 〈◊〉 and more then fuil●●t to e●ecute an explo●t against them we haue in another place demonstrated very largely . there●ore it is ●●●dent by these , that the authoritie of the apostle pa●● doth nothing app●●ta●● to the former proposition of bellar●●●e touching the deposing of kings : and therefore that hee committed a great error , that in a matter so serious , and of so great moment , hee hath de●●ded the reader with a false shado● of the apostle , authoritie . if the constitution or creation of iudges made by the christians at the apo●●l●● direction , had taken a●a● the authoritie , po●er , and ●●nst●●tion of the msidell iudges , or in a●● pa●●hadal ●●ga●●d the same , or had exempted christians from their subie●●●n , there could nothing haue been stronger th●● ●●●●unes argument , nothing more tr●●● th●n ●●s op●●● . but because that constitution of iudge● , d●● no more pr●i●dice ●eath●● i●●●●diction , the● the ch●sing of pe●●e kings at ●●●uetide , or the creation of princes and iudges by the ●anto● youth in the 〈…〉 , is pr●iud●c●all to the true kings and magistrate● , it i● certaine that no argument for his opinion can be dra●●● from thence . but because we prosecute the seuerall points in this question , i must ad●●●●tise you , that s. thomas is in some places of that opinion , that he thinkes that the right of the lordship and honor of ethn●ke princes may iustly be taken away ; by the ●●●tence or ordination of the church , hauing the authoritie of god as he saith . s. thomas his authoritie is of great force with me , but not so great , as that i esteeme all his disputations for canon●call scripture , or that it should ouercome either reason or law . whose ghost i honour , and admire his doctrine . but yet there is no reason , why any man should be mooued with that opinion of his , both because he brings out either no sufficient and strong reason or authoritie , for his opinion : and also , because in the explication of the epistle of paul to the corinth . . he is plaine of the contrarie opinion : lastly because hee hath none of the ancient fathers consenting with him , and there are many reasons and authorities to the contrarie . and the reason which he brings , because that infidels by the desert of their infidelitie doe deserue to loose their power vpon the faithfull , who are translated into the sonnes of god. an ill reason and vnworthy so great a man : as though if any man deserue to be depriued of o●ce , benefice , dignitie , authoritie or any other right whatsoeuer which he possesleth , may therefore presently be spoiled by another , rather then by him of whom he recemed and holdeth the same , or by another , that hath expresse commandement and authoritie from him . who knoweth not , that the chancellor , constable and other officers made by the king , doe deserue to loose their place , if in any thing they abuse their office ? but yet notwithstanding no man can take it from them , so long a● the prince on whom onely they doe depend , ●u●ereth them to execute their once . in like manner infidell princes , although by the desert of 〈◊〉 ●●fidelitie they deserue to 〈◊〉 their authoritie : yet because they are constituted by god , and are inferiour to him alone , they cannot he dispossessed of their authoritie , and deposed but by god himselfe . and indeed the same thomas , in an exposition of the epistle of paul , aboue recited in this chapter , sheweth plainly enough , that the church hath not that authoritie , whereby shee may depose ●thinkes , for he saith , it is against the law of god , to forbid that the subiects shall not abide the iudgement of infidell princes . now it is sure , that the church can command or forbid nothing against the law of god , further to take from infidell princes , the right of lordship and dignitie , is indeed to forbid that no man should stand to his iudgement . therefore the church hath not that power . and let any man , who will , peruse all stories , he shall finde no where , that euer the church assumed to her selfe that authoritie , to iudge princes infidell or heathen . neither did she onely forbeare for scandall , as thomas thinketh in that place : but for want of rightfull power , because shee was not iudge of the vnfaithfull , according to that of the apostle , m what haue i to doe to iudge them who are without : and also because princes appointed by god , haue god onely iudge ouer them , by whom only they may be deposed . neither is it to the matter , that paul , when he commands christian seruants to exhibite all honor to their masters being infidels , addeth that only , least the name of the lord and his doctrine be blasphemed : for he said not that , as though for that cause onely , seruants should obey their masters , but that especially for that cause they should doe it : and therefore he expressed the greatest mischiefe , which could arise thereof , that he might deferre seruants from the contempt of their masters , to wit , the publike scandall of the whole church of god , and of christian doctrine . therefore the apostle meaneth not by these words , that seruants may lawfully withdraw themselues from the yoke of seruice against their masters will , if they might doe it without scandall to the church , for they should not commit flat theft in their owne persons , by the law of nations : but he would shew that they did not onely sinne , which in other places he plainly teacheth p , but also draw a publike scandall vpon the whole church , which is farre more grieuous and hurtfull then a particular mans fault , and aboue all things to be auoided . therefore now it remaineth , that according to my promise , i make proofe , that the former proposition of bellarmine touching the authoritie to depose heathen kings and princes , is false , euen out of the prin●●● 〈…〉 and granted by himselfe . the matter is plaine , and easie to be done , for in his second booke de rom. pontif. he confesseth q that the apostles and all other christians were as well subiect to heathen princes , in all ciuill causes , as other men , his words are these : i answere first it might be said that paul appealed to caesar , because indeed hee was his iudge , although not of right , for so doth iohn de turrecremata answere : lib. . cap. . summae de ecclesia . secondly , it may be said and better , with albert pighius lib. . hierar . ecclesi . cap. . that there is a difference betweene heathen and christian princes : for when the princes were heathen , the bishop was not their iudge , but cleane contrarie , he was subiect to them in all ciuill causes , no lesse then other men , for it is plaine that the bishop was not iudge of them : because he is not a iudge but of the faithfull . cor. . what haue i to doe , to iudge of them which are without . and that of the contrarie he is ciuilly subiect to them , both of right and indeed , as it is plaine . for the christian law depriueth no man of his right and dominion , therefore euen as before the law of christ men were subiect to emperours and to kings : so also after . wherefore peter and paul euery where exhort the faithfull , to be subiect to princes , as appeareth , ad rom. . ad titum . & . pet. . therefore worthily did paul appeale to caesar , and acknowledged him his iudge , when hee was accused of the sedition and tumult , which was raised amongst the people . thus he , whereby it is plaine , that not onely want of strength was the reason , why the first christians deposed not heathen princes , but also , because all law both diuine and humane was against such an action , and in the same booke and chapter , he teacheth more openly , when hee saith that to iudge , punish , depose , belonged onely to a superiour , which is most true , and without all controuersie is confirmed by the common iudgement of men . and now by these most certaine principles set downe and granted by him , euery one that hath any skill in reasoning , may gather that the christians , although they were mightie both in numbers and strength , could not by right depose nero , diocletian , and other heathen and wicked princes , and that is concluded by this strong and vnanswerable demonstration . subiects cannot iudge , punish or depose a superiour . but all christians were subiect to nero , diocletian , &c. and other emperours , and heather kings . ergo , they could not depose such emperours or kings . the proposition is granted by him : and likewise the assumption , which doe stand vpon most certaine truth , and the conclusion depends of the antecedents by a necessary consecution , and is directly contrary to that , which he had said . that christians in times past might lawfully depos nero , diocletian , &c but for that they wanted temporall power & strength they forbare that purpose . therfore it is false and worthy to be reprehended ; for aientia & negantia simul vera esse nequeunt . heereby also is the falshood of the opinion of s. thomas euident , which we haue refuted aboue in this chapter . chap. xxii . i said that bellarmine vsed a threefold argument for the confirmation of his third reason : which is , that it is not lawful for christiant to tolerate an infidel or heretike king , whereof i haue already noted the faults of the first . now we must examine in this and the next chapter what maner of arguments they are , and what strength they haue . therefore the second argument is this . to tolerate an infidell or heretike king , labouring to draw men to his sect , is to expose religion to manifest danger . but christians are not bound neither indeed ought they to tolerate an infidell king with the manifest danger of religion : for when there is difference and contention between the law of god and the law of man : it is a matter of gods law to keepe and obserue the true faith and religion , which is one onely , and not many : but it is a point of mans law , that we haue this or that king. to these things i answer , that bellarmine and others from whom he had these , doe not reason rightly , nor according to arte , but doe propound two arguments together confusedly and commixtly without forme . for , for that which he assumes : but christians are not bound , yea they ought not , without euident danger of religion , to tolerate an infidell king. insteed whereof should haue beene placed in good logike this assumption . but christians are not bound , yea they ought not to expose religion to euident danger : that the conclusion might follow thereof : ergo , it is not lawfull for christians to tolerate an infidell or heretike king. for the assumption which he setteth downe is almost iust the same , with the proposition that is in question . but to allow him somewhat , let vs grant that he hath fall ioned and disposed his reason in excellent good forme , and let vs answer to the force of the argument . i say then that his proposition is false . i say againe , that it is not true that , to tolerate an heretike or heathen king , endeuouring to draw men to his sect , is to expose religion to manifest danger . but it is onely to suffer religion to lie in danger into which it is fallen by the fault of an heretike or infidell king , to which it is now exposed without the fault of the people : seeing now the people hath no iust and lawful remedy left them to deliuer religion , but onely constancy and patience . and this can not be imputed as a fault to christians , vnlesse we will by the same exception sharply accuse all those ancient fathers and christians , who did without any shrinking or tergiuersation , or without the least token of rebellion submisly obey constantius , iuliaenus , valens , and other renouncers of christian religion , because they came lawfully to the empire , and whom they might most easily haue remooued or deposed , they honoured them with all honour , duty and reuerence , euen because they were their emperours and kings . these holy fathers then , and worthy christians in that age , did tolerate heretike and infidel kings , although if we onely looke at their temporall strength , they were furnished with excellent meanes and opportunities to depose them : and yet none that is in his wits will euer say that they exposed religion to most euident danger , thorow that manner of christian patience and tolerancy . now i speake of tolerating that king , who either being a heathen is ordained by the heathen , where christians doe not rule : or who when he was admitted and enstalled into his gouernment , was accounted a christian. for to elect a king ouer themselues , no law nor religion enforceing , whom they know to be either an heretike or an infidell , is indeed to expose religion to most euident danger , and in that behalfe , it were a greeuous sinne in the christians : and they that doe it , are worthy miserably to perish therefore . now for that which he deduceth , out of the opposition betweene diuine and humane law , i answer ●ree●ly , that he is much deceiued in this , that in this matter he supposeth there is a crosse encounter and conflict betweene the law of god and the law of man. for they are not repugnant . to keepe faith and religion , and to tolerate an infidell or heretike king. neither is the one by diuine law , the other by humane , as he imagineth : but they be two precept● of gods law . . to worship and serue god with true religion . . to obey and serue the king. which may and ought to be kept and fulfilled together , as the iesuites themselues affirme . a and we haue proued at large , lib. . contra monarchomacho● . b therefore in this case the subiects not onely may , but also ought , to tolerate such a king , and in the meane time to continue constantly in the true religion , and so to giue to caesar those things , which are caesars , and those things which are gods , to god. for if , as bellarmine deliuereth , it be not lawfull for a counsell c to iudge , punish or depose a pope indeuouring to disturbe or to destroy the church of god but onely , to resist him by not doing that which he commandeth , and hindring that he doe not execute his pleasure . why should we not in like manner , and with much more reason , hould the same iudgement of kings ? seeing that they also , by the testimony of the same d author , are superiour to the people , and haue no iudge in earth : and whereas besides many famous diumes be of opinion , that an occumenicall counsel hath greater authority ouer the pope , then the people hath ouer the prince ? because the church is euer gouerned by the spirit of god , nor doth any thing rashly . and the pope being often times mooued and tossed with the windes and tempests of sedition enterpriseth many things wickedly , cruelly and vniustly , without counsell and iudgement . but it is a hard matter to tolerate a wicked king , and to retaine true religion , will some reply . i grant indeed it is so , but it is not vnpossible . impossibilitie ( i must craue pardon to vse the word ) excuseth from the obseruing of the commandements , but difficultie and hardnesse doth not . but that he saith , that it is of the diuine law to keepe true faith and religion : but of humane law , that we haue this or that king. this surely is all true , but take heed reader for all this , least you be deceiued . bellarmine omitted that which was principall , for he ought to haue added : but where we once haue this or that king , it is of the diuine law , that in ciuill causes we obey him with all honor and reuerence . by this adiection which no catholike can denie , that argument of his is crusht . for in the maner propounded by him , the law of god and man doe not concurre , nor fall a crosse one of another , as hee imagineth , ( which if it should fall out , it were reason that the humane should yeeld to the diuine ) but in truth there concurre two heads of the diuine law , the one , to obserue faith and religion , the other , to honor the king and to obey him in ciuill matters . both which may and ought to be fulfilled , by giuing to caesar , as is said , the things which are caesars , and which are gods , to god , as we haue learned out of bellarmines doctrine in the person of the pope , endeuouring to destroy the church . chap. xxiii . there remaines the last argument , which he propounds by way of a subtle and captious question in this manner . to conclude , why may not a faithfull people , be freed from the yoke of an vnfaithfull king and drawing to infidelitie , if a belieuing wife bee free from the obligation of staying with an vnbeleeuing husband : when he will not stay with his christian wife , without intur●● to the faith , as he plainly deduceth out of paul . ad cor. . innoc. . cap. gaudemus , extra de diuortijs ? for the power of the husband ouer the wise is no l●sse , then of the king ouer the subiects , but indeed somewhat more . there is nothing more frequent in the mouthes of all the monarchomachi , then this argument : because they doe easily deceiue very many thereby , for it is such a one , as nothing doth mooue more vehemently at the first sight , and being looked into and vnderstood doth vrge more weakely . therefore i answere to it , that these two points be very diuers and vnlike , to be deliuered from some mans yoke ; and to be deliuered from the obligation of remaining with some man. and therefore , that they are not rightly compounded and compared together , seeing that the husband himselfe , to whom the obligation of remaining with an other is remitted , is not by this at all deliuered from her yoke , from whom he departs . whereof the church yeelds vs examples euery day , which freeth and absolueth maried persons , for diuers causes , for bed and boord , as they say , ( that is ) for conuersation and obligation of continuance one with the other , the mariage bond neuer the lesse remaining , which is a sacrament of christ and the church . wherefore the force of such an argument drawen from maried persons is nothing , vnlesse he proceed from the matrimoniall yoke , to the regall yoke , as if he had said : why may not a faithfull people be freed from the yoke of a king faithlesse , and drawing others to infidelitie , if a belieuing wife be free from the yoke of an vnbelieuing husband . now if it please the reuerend bellarmine to turne that his argument into this , that it may haue more moment and weight , then i will answere the same after an other manner . and thus . that either he speakes of those maried persons who contracted mariage , when they both were beleeuers , and one of them fell into heresie or infidelitie afterwards : or of heathen and infidell couples , of whom the one conuerted to the faith , the other continuing obstinately in his pagan superstition . if he vnderstand his argument of the former , he doth slander his author innocentius , who speakes neuer a word of such a matrimonie in the said cap. gandemus : and besides it should bee false , which he obtrudes to vs for an argument , that the beleeuing husband is free from the yoke of his vnbeleeuing wife , when he will not continue with his christian wife , without iniurie to the faith , as the same innocentius expresly teacheth , in cap. quanto . § . si verò . extra de diuort . but if saith he , one of the beleeuing maried persons , either fall into heresie , or passe ouer into the error of gentilitie , we doe not thinke that in this case the partie that is left , may flie to any second mariage , while the other liues , although in this case the contumelie seemeth the greater which is offered to the creator . and againe the same innocentius in cap. exparte extra , de conuers . coningat . rescribeth to the same purpose : that matrimonie contracted between lawfull persons , and consummate by carnall copulation , in no case can be dissolued , although one of the beleeuers , between whom this mariage is ratified , should prooue an heretike , and would not continue with the other , without contumslie to the creator . behold the argument drawen from maried persons , doth not onely not strengthen these mens opinion , but also weakneth , and euen oppugneth the same , as if a man should in this manner propound the argument 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by way of interrogation . why should a beleeuing people be freed from the yoke of a king vnbeleeuing or hereticall , endeuouring to draw his subiects to his sect , if a maried person beleeuing bee not free from the yoke of the other mate vnbeleeuing , although he will not continue with the beleeuing yoke-fellow , without inturie to the faith and contumelie to the creator . as innocentius iii. openly teacheth , in cap. quanto . § . sivero . de diuort . & in cap. ex parte . de conuers . coniugat . adeo vt panorm . in illum . § . si verò . doth say , out of the reason there laid , that the church cannot dissolue such a mariage , and free the beleeuing yoke-fellow from the yoke of the vnbeleeuing , when as notwithstanding a beleeuing yoke-mate may much more easily be peruerted by a yoke-mate vnbeleeuing , then the whole people by a king. but the bond of the subiection , whereby the people is tied to the king , since it proceeds both from naturall and diuine law , seemeth much more hard to be dissolued , then that of maried persons between themselues : that from thence a man may easily prooue , that the church can doe no more in one then in the other . but if he vnderstand his argument of the later maried persons , the answer is easie , out of the same decretall epistle of innocent , to wit. that betweene such couples the mariage is not good , as much as appertaines to the indissoluble * bonds of matrimony . and therefore such kind of maried parsons haue full liberty to dissolue the matrimony , that they may depart either with consent and good likeing , or with mislike and displeasure , and the one of them , euen against the liking of the other , may by refusall and diuorse at his pleasure dissolue that knot of mariage : for the woman may as wel send letters of diuorse to the man as the man to the wife . for ( saith he ) although the matrimony among infidels be true ( because they goe together according to the commandement of the lawes ) yet it is not firme . but amongst the beleeuers it is both true and firme , because the sacrament of faith being once admitted is neuer lost , but makes firme the sacrament of mariage , that it continues in the maried persons , while that continueth . it is no wonder then if the maried persons brought to the faith , be free from the fellowship and power of his fellow , remayning in infidelity , when as although both had continued in infidelity , it had beene euen as free for each of them to depart from the other , & by diuorse to dissolue mariage because in the beginning there passed no forme and rate bond of obligation betweene them . and therefore the apostle doth not command but aduise , that the beleeuing wife should not depart from the vnbeleeuing husband if he be willing to stay with hir , as s. augustine teacheth learnedly and eloquently lib. . de adulterinis coni●giis , and the holy canons taken from thence doe admonish vs d . which matters since they stand thus , surely it followeth , that the aduersaries do to small purpose fetch an argument from maried persons to shew that people may be freed from the regall yoake , whether they regard the mariages of the beleeuers , or of the vnbeleeuers : because they are coupled with a most straight and indissoluble knot of society , whose band cannot be broken , no not by the church it selfe , neither for infidelity nor heresie of the one part . so as from hence he doth furnish vs with an argument tending rather to maintaine the strength and perpetuity of regall authority , then to dissolue and destroy the same ; and these are tyed by no necessity of obligation in the face of the church , but the husband conuerted to the faith if his fellow will not follow without scandall , may at his pleasure take to him another : and againe , the woman brought to the faith , if the husband refuse may in christ marry with whom shee will. seeing therefore there is no firme mariage betweene these and the politike subiection , and kingly domination and rule , is ratified and approued amongst all nations , and in euery law , as well by diuine as humane power , what can be more vnreasonable or fond then to compare and sute them together , and to deduce any argument from the society and yoake of vnbeleeuing maried persons , which may be shaken of at pleasure , to breake the yoake of regall power and authority , and to make the same iudgement of them both , as if they were as like as might be . chap. xxiv . i tould you in the xxiij . chapter , that there were fiue reasons in bellarmine , whereby he would proue , that the pope hath temporall power ouer all secular kings , and princes christian : of which reasons we haue run thorow three , and obserued how weake they are , and of what diseases they labour , it remaineth now , that we make our suruay of the other two , which are not a whit better conditioned . the first whereof is by him laid downe in these words . when kings and princes come to the church to be made christians , they are receiued with a couenant , either expresse or secret , that they should subiect their scepters to christs , and promise that they will obserue and defend the faith of christ , yea vnder the penalty of losing their kingdome . ergo. when they prooue heretikes , or hurt religion they may be iudged by the church , and withall be deposed from their gouernment , neither shall any iniury be done them , if they be deposed . i answer this reason , by denying the consequent . for although it be true that princes comming to the church , do submit themselues and their scepters to christ , and euen of their owne accord doe make those promises either secretly or expresly which bellarmine reporteth ; yet it is not true , neither doth it follow thereof , that they may be iudged and deposed by the church or pope if they breake their promise , or neglect to keepe their couenant and oath . because that soueraigne iurisdiction and temporall power of christ ouer all kings and the whole world which he hath as the sonne of god , doth not appertaine to the church or pope : but that power onely which christ assumed to himselfe , when he was conuersant amongst men after the manner of men , according to which the pope is christs vicar . whereupon bellarmine himselfe writeth a excellently well : we say , quoth hee , that the pope hath that office which christ had , when after the maner of men he liued amongst men in the world . for we may not giue the pope those offices which christ hath as god , or as animmortall and glorious man , but onely those , which he had as a mortall man. but christ vsurped no temporall dominion and power when he liued as a man amongst men in earth , and therefore neither the church as the church , nor the pope as head of the church and vicar of christ , can haue any temporall power , as the same learned man declareth and prooueth at large , in that chapter , wherefore although kings and princes when they come to the church , do subiect their kingdomes to the lord christ , and haue christ their iudge from whom they haue also their kingdome : but because the iudgement is of a temporall affaire , when the businesse is touching a kingdome forfeited , they haue him onely their iudge , and not the church or the pope . whereby it doth easily appeare how captious those reasons and conclusions are which sanders , from whom bellarmine hath receiued this stuffe of his , doth deduce out of those manner of promises , made either secretly or expresly . for as concerning those formes of asking and answering , which he with many idle words and falsely deuiseth betweene the pope and the princes which come to the church : we must answer , that they are fondly conceiued by him , and that they neither ought , nor are accustomed to passe in the admittance of heathen princes , which come to the church , least the church should seeme either to suspect them , or to diuine and conceiue ill of them for the time to come . therfore their burning loue towards christ , and present confession of their faith , whereby they in general tearms promise , that they wil giue there names to christ and become children of the church , and will renounce the diuel and his works , and keep the commandements of god and the church , and such like , are cause sufficient enough , that they should be receiued . all which matters they doe indeed promise to christ , the church receiuing the promise , as his spouse , in whose boosome they are regenerate ; or the bishop himselfe , not as a man , but as a minister of christ , god himselfe discharging a deputies office heerein , and therefore the obligation is principally taken to christ himselfe , by the church or the pope . whereby although they haue also promised all other things , which sanders hath comprehended in that forged forme of his , and shall afterwards neglect , or wholy contemne that couenant agreed on , they can be punished by him onely , into whose words they did sweare , and who is the lord of all temporall estates , and whom they haue for their onely iudge ouer them intemporall matters , but not by him to whom the care onely of spirituall matters and to take the promise is committed . and to these spirituall matters are those things most like , and most resemble them which we see daily to be obserued in the ciuill gouernment . they who aspire to the succession of feudes or fees , whether they come in by hereditarie right or by any other title , cannot enioy them , vnlesse they first be admitted into his clientele and seruice who is lord of the fee , that is , vnlesse they in words conceiued doe take the oath of fealtie to the lord , which they commonly call homagium or hominium . but if it be the kings fee to which they succeed , the king doth seldome in his owne person take the oath of fealtie , but executeth that businesse for the most part by his chancellor , or soem other deputie especially assigned for that purpose . therefore the chancellor when hee admits to fees and honors great personages swearing into the kings wordes , he dischargeth the same office vnder the king in a ciuill administration and iurisdiction , which the pope doth vnder christ , in the spirituall gouernment of the church , when he receiues princes comming vnto her , by taking the oath of their faithfulnesse and pietie towards god : and the chancellor , the tenant once admitted , ( although after he breake his oath , and commit the crime which they call felonie ) may in no cause take away the fee , which is the proper right of the king alone , and not granted to the chancellor at all : so neither can the pope depriue of kingdomes and authoritie , or any way temporally punish princes receiued into the church , although they offend grieuouslie afterward , or forsake the faith : because that is reserued to god onely . therfore although christian kings and princes be in the church , and in respect that they are the children of the church , be inferiour to the church and the pope , notwithstanding in regard that they doe beare a soueraigne rule temporall in the world , they are not inferiours , but rather superiours : and therefore although they haue forfeited their kingdome by secret or expresse couenant , yet neither people , nor pope , nor church canne take it away from them : but onely almightie god alone , from whom is all power , and to whom aloue they are inferiour in ciuill administration . and neither shall bellarmine nor any other be euer able to bring , or as i may say , to digge out of the monuments of any age , any forcible argument , whereby he may make it plaine vnto vs , that secular kings and princes when they were receiued to the faith by the church , did in such manner renounce their interest , as both to lay downe altogether the temporall authoritie which they had receiued of god , and also to subiect themselues to the church , to be iudged in ciuill affaires , and to be chastised with temporall punishment . and if none of them can demonstrate this , they must needs confesse , that kings and princes did after the faith receiued , retaine their kingdomes and empires , in the same right , the same libertie , and authoritie , wherein they possessed them , before such time as they came to the church , because , as the aduersaries doe confesse , lex christineminem priuat iure suo . if therefore , before baptisme they had no iudge aboue them in temporall matters , but god alone : neither ought they to haue any after baptisme . but we haue spoken more of this matter in the refutation of the first reason . in this place i stand not much vpon bozius his dotages . now for that he vnderlaies after this fourth reason , in the words following . for he is not fit to receiue the sacrament of baptisme , who is not ready to serue christ , and for his sake to loose whatsoeuer he hath . for the lord saith , lu. . if any man come to me , and hateth not father and mother , and wife and children , yea and euen his owne life , he cannot be my disciple . i cannot tell , to what end he vseth these words . surely no man denies it . but what of it ? such a reason belongs no more to the purpose , then that which is furthest from the matter , nor that neither which followeth in the same place . besides saith he , the church should grieuously erre , if she should admit any king which would with impunitie cherish euery manner of sect , and defend heretikes , and ouerthrow religion . this is most true : but as i said , it belongs nothing to the purpose , for now the question is not of that matter : but of the temporall power of the church , or of the pope , who is the substitute head thereof vnder christ : i meane , whether he haue that power , whereby he may chastise with temporall punishments kings and princes duely receiued , if after they shall breake the faith , and forsake the dutie , vndertaken by them in the lauer of regeneration or no. now neither part of this question is either proued or disprooued by these correllaries and additions , and for this cause we passe them ouer . chap. xxv . the fift and last reason is drawen , from his pastorall charge and office : in these wordes . when it was said to peter , feed my sheepe , iohn the last , all the power was giuen him , which was necessarie to maintaine the flocke . but a shepheard hath a threefold charge , one about wolues , that hee driue them away by all meanes he can : the other about the rammes , that he may shut them vp , if they hurt the flocke with their hornes : the third about the rest of the sheepe , that he giue euery one conuenient food : ergo , the pope hath this triple charge . out of this principle and foundation are drawen three strong arguments as he surmiseth . but not to goe farre , first i answer to this very fundamentall proposition : that it is all true , and maketh for me , and that the very contrarie of that which he affirmes may very handsomely be gathered from thence , i say , gathered , that the pope hath no temporall power at all , or may exercise any vpon christian princes , as he is the vicar of christ , and successor of s. peter , seeing such a manner of power is not necessarie for the pope , for the discharging and fulfilling of his pastorall dutie . and that is euidently concluded by this argument : christ by commending his sheepe to peter , gaue him all power necessarie to defend the flocke : but he gaue him no temporall power : therefore temporall power is not necessarie to defend the flocke . secondly , we will proceed in this manner . it is a thing vnreasonable , that the pope , who is the successor of s. peter , should haue more power then had peter himselfe : but peter had not any temporall power ouer christians ; therefore , neither the pope as he is his successor . the proposition of the former reason , is without all controuersie true . and the assamption is prooued by the testimonie and confession of bellarmine himselfe . for lib. quint. de rom. pontif. where he endeuours to establish his opinion of this thing by a similitude of the flesh and the spirit , he writeth thus . for as the spirit and flesh stand one toward the other in man : so doe the two powers in the church ; for the flesh and the spirit , be as it were two common-wealthes , which may be found both separated and toyned together , flesh is found without the spirit in beasts : spirit is found without flesh in the angels : and a little after . euen so the ciuill power hath her princes , lawes , iudgements , &c. likewise the ecclesiasticall , her bishops , canons , iudgements : the one hath for her end a temporall peace : the other , euerlasting saluation : sometimes they are found seuered , as once in the time of the apostles , sometime toyned as now . if these powers were seuered in the time of the apostles , as in trueth they were , both in right and in deed , it followeth necessarily , that s. peter had no temporall power , otherwise it should be false , that they were seuered , for it there be place to the similitude propounded by him , it will follow , that as there is nothing fleshly in angels , and nothing spirituall in beasts : so in the time of the apostles , there should be no temporall power in the church , or spirituall in the ciuill state . therefore we must confesse , either that temporall power is not necessarie for the chiefe pastor of the church : or that the prince of the apostles himselfe , and cheefe pastor s. peter , was not furnished and accomplished with all things necessarie for the discharge of his pastorall dutie . and this is as contrarie , as contrarie may be , to that which he had already said in his fundamentall reason , as i may call it : to wit , that all abilitie necessarie to defend the flocke , was giuen to peter . the same also is prooued by this , that all ciuill and temporall power at that time depended of heathen princes , to whom peter himselfe , witnesse bellarmine b , although the head of the church and vicar of christ , was subiect in temporalities , both by right and in deed. wherof it followeth , that either s. peter was induced with no temporall power , or that he receiued it from heathen princes : otherwise as we said before , it should be false , that those powers were then separated . but it is certaine that he receiued none of them , and therefore that he had none at all . and certainly these reasons are more plaine , then any man without fraud and cunning can gainesay : that it is a wonder to see that learned men and otherwise godly , should so be blinded with an inconsiderate and vnaduised heate , that they should not sticke to embrace and follow doubtfull things for certaine , obscure for euident , crooked for straight : for plaine and easie reasons , those which be perplexed and intricately bewrapped with many controuersies and contradictions . but they take care , you will say , to amplifie and adorne the sea apostolike with the increase and accession of this power and authoritie . and is there any catholike , who doth not commend their minds that are affected to that sea , which is the foundation and strength of our faith ? that they doe grace and aduance by all meanes that sea , which no man can sufficiently commend according to her worth , i doe much commend them : but that they attribute more to it , then is fit , and that with the great scandall of many , that i doe not commend , for we our selues also do no lesse honour the same sea , we no lesse loue , reuerence , admire it : as that which is the true seate of peter , and being placed in the rocke which is christ , hath ouercome all heresies , and obtaineth by good right the chiefe place in the church . but the truth forbids , that we should aduance her with this increase of power : our conscience bearing vs witnesse , before god , and the lord iesu , before whom in the day of the reuelation of the iust iudgement , both these our writings , and theirs shall appeare , consigned with their owne merrits . therefore , there is small cause , why they should bring this former reason for themselues . for christ when hee said to peter , pasce oues meas , appointed him indeed pastor of his flocke : but a spirituall pastor not a temporal : and gaue him all ability necessary for that office , whereby it appeares that temporal power is not necessary for the pope , because christ gaue it not to peter himselfe . neither haue we heard any where that either s. peter or any other of his apostles , did practise any temporall power or authority , by vertue whereof he did either directly , or indirectly ( that no man may suppose any force in words ) punish the forsakers of the christian faith with ciuill punishment after the manner of magistrates . it is true indeed that sometimes it hath come to passe , that temporall punishment as death or torment hath followed a spiritual sentence : the church at that time standing in need of miracles and wonders to confirme the faith , which kind of punishments , did strike a farre greater feare into the mindes of christians , then if after the manner of men they had suffered punishment at the hands of ciuill magistrates . and this is that which the apostle writeth to the corinthians : what will you ? shall i come to you with a rod or in loue and in the spirit of meekenesse ? the rod he calleth that spirituall power , which by the wonderfull working of god , did at that time produce wonderfull effects , as euen at this day sometimes , he vpon the like occasion doth produce , among people which be newly won to christ. chap. xxvi . seeing these matters stand thus , the way is made more easie for vs to refute those arguments which bellarmin deduceth out of his former foundation , being now already opened by vs , and retorted backe vpon himselfe , for they fall to ground , partly thorow their owne fault and weaknesse , and partly because they are not wel set vpon the foundation , whereon they are built . for first out of that , that power is necessary for the pastor about the woolues , that be may driue them away by any meane he can , he reasoneth in this manner . woolues which destroy the church of god are heretikes : ergo if any prince of a sheep or a ram become a wolfe , that is , of a christian become an heretike , the pastor of the church may driue him away by excommunication , and also command the people , that they doe not follow him , and therefore may depriue him of his gouernment ouer his subiects . but he is deceiued or doth deceiue vs , by shuffling together true and false things into the same conclusion . for in that he saith , that the pastor of the church may driue away an heretike prince by excommunication , that is very true , and is deriued out of that principle by a necessary consecution . but that he may onely , marry that he ought not to do it , but at such times when as he may cōmodiously do it , without scandall and hurt to the church , as i haue de-declared before a . for where there is danger least the peace of the church may be dissolued , and least the member of christ be torne in peeces by sacrilegious schismes . the seuere mercy of the diuine discipline is necessary ( that is to say , is wholy to be left to the iudgement and punishment of god ) for counsell of separation , ( that is of excommunication ) are both vaine , and hurtfull and sacrilegious , because they become both impious and preud , and doe more disturbe the weake good ones , then correct the s●urdy ill ones . b this is the doctrine of s. angustine , approoued by the common voice of the church , whereby it is euident , how ras●ly and vnwisely , certaine popes , haue separated from the church by excommunication , most mighty emperours and kings , with the great scandall of the whole world , and dissolution of the peace of the church , whom it had beene farre better to haue tolerated , and to haue discouered their faults onely , and with mourning to haue bewailed them in the church . for the comparison of the peace and unity which was to be kept , and for the saluation of the weake brethren , and such as now were fed onely with milke , least the members of the body of christ should be torne in peeces , by sacrilegious schismes d . therefore the popes might doe this , but they ought not . non omne quod licet , honestum est . very well saith the apostle e , omnia mihi licent , sed non omnia expediunt . therefore the first part of the conclusion is true , that the pastor of the church , may driue away heretike princes by excommunication . but that which followeth , ( and withall command the people , that they follow him not ) hath two eares to hold by , as i may say with epictetus , the one sound , the other broken . i meane a twofold vnderstanding , the one true , the other faulty . for if he speake in this sense , that it is the duty of the pope , to command the subiects , that they follow not an heretike prince in his heresie , that they run not with him in his madnesse , nor admit and swallow downe his damnable errors ; for that they suffer not themselues , to be infected and defiled with his filthy and corrupt manners it is as true , and is deriued very truly out of the same principle and fountaine , and this is the best sense of those words . for there is nothing so conuenient and comely for the pontificall dignity , and the whole order ecclesiastike , nothing so profitable and necessary for christian people , as that according to the patterne of the ancient fathers of the church , the principall bishop himselfe first , and the rest of his brethren , all of them , should preach the word , should be instant in season , and out of season , conuince , intreat , rebuke , in all patience and doctrine f . that like faithfull witnesses and good seruants whom the lord hath set ouer his family , they may so worke both by word and example , that the people follow not the errors of their king , nor either dissemble , nor forsake the catholike faith , thorow any either threatnings or allurements of the king , which because most of them either do not all at this day , or at the least much more slackly then they ought , and that duty , which it becomes them to performe themselues , they put ouer to certaine begging friers : what maruell is it if many in our age , haue been caried away as it were with a whirle wind of errors from the lords sheepfolds , into the toiles of the diuell . this , as i haue said , is the best sense : but notwithstanding that bellarmine doth not speake in this sense , both the cause , which he hath in hand , and this clause following , ac proinde prinare eum dominio in subditos , doth plainly declare . therefore he giues vs the broken care of the pot , i meane the corrupt , and the very worst sense of those words : forsooth , that the pastor of the church may command the subiect , that they execute no commandement of such a prince , and that by any meanes they yeeld him no reuerence , obedience , honor , in those matters which belong euen to a temporall and ciuill authority . and therefore depriue him of his dominion ouer his subiects . but this is false , and flat contrary to the law of god , and precepts of the apostles . feare the lord , my sonne , and the king g : admonish them to be subiect to princes and powers , to obey their commandement h . be subiect to euery creature for god , or to the king as soueraigne , feare god honor the king , and diuers of that kind , which things seeing they be spoken of wicked kings and persecutors of the church , ( for at that time no other ruled in the world , ) they can not but belong to the worst and vnworthiest kind of kings . therefore this is that which i said before , that either he deceiues of purpose , or is deceiued , by shuffling together true and false points into the same conclusion . for it is true , that a pastor of the church , may driue away an heretike prince by excommunication : but it is false that he may depriue him of his dominion ouer his subiects . for obedience due to kings and all superiors , is both by 〈◊〉 of nature and of god : how then can the pope by any meane dispense with people against the same ? for they that with more diligence , and exact care doe search the scriptures , doe obserue a too fold kind of the precepts of paul : one is of those , by which he publisheth the law of god , which he was sent to preach , and doth both propound , and expound the will of god , comprehended in the old and new law . of which precepts almost infinit his epistles are full , wherein are these also which he deliuers touching obedience and reuerence to be giuen to kings and princes . and the other kind is of those things , which doe not depend of the law of nature or the expresse word of god , but which the apostle himselfe of his proper authority ordaineth by humane wisedome assisted by the grace of god , for the ordering and setling of the worship of god , as that a bigamus or a quarreller , be not admitted to a bishopricke k , that a widow vnder the age of . yeeres , be not chosen to the office of deaconesse , and the like . and between these commandements the difference is , that in those which be of the latter kind , the pope may dispense for some cause : for he hath no lesse authority , then the apostle himselfe , in the disposition and ordination of the church : because the whole church is committed to him , as to the vicar of christ and successor of peter , and because he is not bound to the lawes of his predecessors . but in those matters which belong to the former kind , he hath no power at all to dispense , because non est discipulus ●per magistrum , neque seruus supra dominum n . the inferior may not breake the law of his superior : or qualifie the same to pleasure any . for which cause speculator doth affirme that the pope can not absolue any man from a lawfull oath , because the obligation of keeping an oath and performing it to god , is both by the law of nature , and of god : and others deny that the pope can dispense with any witnesse , that he may be beleeued vnsworne in a iudgement p . and innocentius iii. pope in his rescript witnesseth , that the pope can not grant licence to a monke , that either he may haue the property of any goods , or haue a wife q . i am not ignorant , with what a far fetcht and trifling explication , certaine canonists interpreters , who submit all things to the power of the pope , doe bend and wrest from the proper and natiue signification of the words , that same place of innocentius , against the iudgement of the best sort of diuines . i am perswaded that it troubled them , which they had hearde , that constantia the daughter of rogerius normannus , a nunne , was by clement the iii. brought out of the monastery of panormus , to be maried to henry the vi. sonne of frederike aenobarbus , of whom the archbishop of ●lorence writeth , that when she was fifty yeeres of age , and had long professed a monasticall religion , that she bare frederike the ii. and that she might take away all suspition of a supposite and foisted birth , that she was openly deliuered in the midle of a street in panormus , vnder a sheet ouer spread : proclamation being made before , that it should be lawfull for all women to be present , who would come to see that spectacle . therefore this frederike was borne saith he , of a nunne that was now fifty yeeres of age ) and because they had heard also that an other pope had granted a certaine king of aragon an indulgence , that of a monke he might bee a maried man. wherefore these men i meane the canonists , being beyond all measure addicted to the popes , being loath to reprehend such manner of actions , least they should doe disgrace to their popes , who were greedy of honor , and knowing that the words of the prescript set foorth by innocent the iii. did affirme the contrary , they laboured to helpe themselues by such foolish interpretations , as it irketh me to report in this place , least i should intertaine the reader with toies . but it had been much easier for them , to maintaine the truth and the equity of the rescript , then to practise to make a certaine law of the singular , and vnlawfull actions of popes , as though they were a rule to liue by let vs su●ter the popes to giue accompt of their actions to god , neither let vs imitate them in all things . but if any doe propound to vs for examples such actions of theirs , we will answer with ioan de tur. crem , siluester , sotus , and other learned men : that these were deeds of popes , but not decrees , and that the deeds of the popes , doe not make an article of the christian saith , and that it is one thing , to commit any thing defacto , mother thing to determine what might be done de●ure . i my ●●e and siluester , haue seen a pope doe greater matters , with the canda●● of whole christianity : and iohn de tur. crem . speaking of vnlawfull dispensations , saith , which if it shall so be at any time done by any pope being either ignorant in the scriptures , or blinded with desire of wealth , and mony , which is wont to be offered for such exorbitant dispensations , or that he might please any man , it doth not follow that he might iustly doe those things . the church is gouerned or ought to be gouerned by right and lawes , not by such actions or examples . chap. xxvii . therefore it is the opinion of many learned men that the pope cannot giue power to a religious person to breake his vow , that he may haue the property of any goods or a wife , according to the true and simple sence of innocentius his words . and yet if we will diligently search and consider how much some things differ from other , and with a right iudgement to compare them together in the points wherein they properly agree or differ : there will because to confesse that the pope hath far lesse power giuen him to absolue a people from the religion-of their oath , by which they haue willingly and frankely obleiged their faith to their prince , then to dissolue the vowes of religious persons , that although in this last point peraduenture , in some mens opinion , he may seeme to haue power to doe something deplenitudine potestatis , yet in the other we must thinke that he is able to doe iust nothing . both for that the whole order monachall , and other orders in the church ( as certaine thinke ) haue proceeded from humane constitutions , and the positiue law , ouer whom in that consideration the pope hath full and all manner of power that may be , as we haue said a little before . but the submission and obedience due to kings and princes and all magistrates and superiours is grounded vpon the law of nature and of god , being confirmed by both the testaments . for although it be a matter of humane law and ordination to vse this or that forme of common-wealth or gouernment , or to haue this or that prince ; but to reuerence him , whom we had once receiued , and submisly to obey him in all things , which are not contrary to gods commandements , it is a matter not onely of humane , but also both of naturall and diuine institution . and this i thinke , no man will deny . quipotestati resistit , deiordination● resistit . whereby it commeth to passe , that that which was free and arbitrary in the beginning , that is presently turned into a necessity of obedience after that one faith of subiection is giuen . as also , because by the vow of religiont , he obligation is taken only to god and the church , whereof the pope is the vicar , or deputed head : and therefore if the pope , to whom the free procuration and dispensation of all the buisnesses of the church is permitted , shall as it were in a fashion of renewing a bond , transfuse and change the obligation , taken to the church , into another obligation , and also doe interpret and consture that by the promise of a great good , ( or performance ) there is satisfaction made , to the lord god , who is the principall creditor in that businesse , peraduenture it will not be very absurd to say , that there may by chance prooue a liberation and freedome from the knot of the former vow and promise : vnlesse some may thinke , that it cannot be for this cause , because the transgression of a lawfull vow , is simply and of his owne nature sinfull , and that which is sinfull may not be allowed to be donne to obtaine any good , although it be very great , a but the solution of that obiection is very easie . but the matter 〈◊〉 farre otherwise in the case of an oath , which men in their bargaines and couenants are wont to take to confirme and ratifie another obligation thereby . seeing such a manner of oath is a certaine increase of that obligation , to which it is added for securitie , in such manner as suerties●ip , or assurance of any pledge or moregage is vsually taken . and therefore although the oath be said to be made to god , yet in this case the obligation doth accrew not to god principally , but to the person to whom the oath is sworne : quia per iuramentum ●urans non intendebat placere deo , sed satisfacere proximo b . whereby it commeth to passe , that he to whom the oath is taken , hath much more interest by that oath , and obtaineth much more power either to retaine it , or to remit it , then is granted to the church in a vow , for the church or pope , ( euen as they confesse who submit all things to his pleasure ) cannot without great and iust cause dispense with the solemne vow of religion . but he to whom an other hath by oath bound his faith in the matter of giuing or doing , may both alone , and without cause , of his meere pleasure wholy free the promiser from the religion of his oath , and 〈◊〉 it to him , whatsoeuer it bee , of himselfe ; so as his onely leaue and good will obtained , neither is there any more need of the popes absolution , neither if he shall not performe that which he promised , may he be reputed guiltie of periurie before god. therefore it is in a man in this case , who can at his pleasure either retaine one that is bound , or dismisse him free , which because they are so by the consent of all men : how can it be , that the pope may take from the creditor against his will an obligation taken to him by the best law that may be , i meane by the law naturall , diuine and humane , by an oath euery manner of way lawfull , which was added to the lawfull contract ? seing in this kind as in the former , there is no place left to construction by which it may be presumed that he is satisfied , to whom principally the oath was made : viz. no creditor speaking a word against nor shewing the contrarie seeing presumption yeeldeth to the truth c . but let it be , that he may vpon cause take it away , and free the promiser from the bond of his oath , ( because i wil not striue longer with the canonists about this matter ) let him then take it away , and what then force after thinke you will seeme in this our businesse ? you will say that the people will be free from the commandement and subiection of the prince , a soone as they are loosed from the bond of their oath . thinke you so indeed ? what doe you not see , that this oath , is but an accessarie onely , to ratifie and assure the obligation , whereby loyaltie and obedience was promised to the prince ? doe you not know that accessaries are taken away and discharged with auoiding of the principall obligation , for although the principall being cancelled the accessarie falles , yet by the taking away of the accessaries the principall is not destroied . therefore the obligation remaineth yet , to which this oath was added : which because it consists vpon naturall and diuine law , doth no lesse straitly hold the mindes and consciences of men before god , then if it were supported with an oath , quia dominus inter iur amentum & loquelam nostram , nullam vult esse distantiam d , as much as concernes keeping faith of the promise . although the breaker of his oath offendeth more , by reason of the contempt of god ; and notwithstanding that in the externall court periurie is more grieuously punished , by reason of the solemnitie of the promise , then the faith neglected of a mans single promise and bare word , as we say . but if the pope would also cancell this obligation de apostolicae potestatis plenitudine , and deliuer and discharge the subiects from the oath of the king : and enioyne them that they should not dare to obey his requests , commandements and lawes vnder paine of excommunication : shall not the expresse commandement of god seeme to contraueene this warrant of the pope , i meane the commandement of the honoring of kings with all obedience ? is it not lawfull in such a businesse and in a cause the greatest almost that may be , to doe that which the popes interpreters are accustomed to doe , in controuersies of lesse moment ? and that is , to make diligent and carefull inquisition into this same plenitudinem potestatis , whether it extend it selfe so farre , as that by it should expresly be forbidden , which god doth expresly command ? or that which god directly forbids to be done , the same may lawfully be commanded by it ? god commandes mee by salomon to feare the king : by his apostles to honour the king , to be subiect and obedient to him . this surely is a commandement both of naturall and diuine law : that the inferiour should obey the superiour , as long as hee forbiddeth not , who is superiour to them both , in the same kind of power . and he in this businesse betweene the people and the prince , when the question is about temporall authoritie and subiection , is god alone , then whom alone the king is lesse in temporall matters , as in spirituall the pope . seeing then all men doe ingenuously confesse , that this fulnesse of the apostolike power is not so great , that the pope may in any sort dispense in those things , which are bidden or forbidden by the expresse word of god ( which axiome , or proposition bellarmine chiefely resteth on , while he would shew , that the pope cannot subiect himselfe to the coactiue sentence of councels . the popes power ouer all men is , ( saith he ) by the law of god : but the pope cannot dispence in the law of god. we ought not to maruell a whit , if the diuine commandements of fearing and honouring the king , are so deepely impressed in the mindes of many subiects , that they giueno place to contrary precepts , but rather employ all their care that therebe no obedience at all giuen to the aduerse edicts of the pope either absolutory or prohibitory : it hath beene oft tould me by great personages , and those good men , that that diuine precept of honouring kings , was of so great force with them , and had taken so deepe roote in their mindes , that they did perswade themselues , that by no bulles nor contrary indulgences they could be discharged of the scruple and weight of conscience , and purchase security in the inner man , vz. their soules , that they should not performe and execute so cleere and manifest a commandement of natuarll and diuine law , nor yeeld the obedience promised and due to their prince . and this is the reason , why so few of the nobility did make defection from henry the . emperour , none from phillip the faire , none also from lewes the . both kings of france , by reason of the popes bulles and censures , contayning sentence of deposition . for that we mistake not any way we must vnderstand , that this plenitude of apostolicall power , doth onely comprehend that power which the lord iesus the sonne of god , when he liued in the world , as a man amongst men , was pleased to haue : and that so farre the popes represent christ vnto vs , and is his vicar , ( as we haue shewed aboue out of the doctrine of the most learned bellarmine ) but not that power which he as the sonne of god , and god himselfe , equall with the father had from all eternity , and reserued to the omnipotencie of his diuinity . whereof he saith , all power is giuen me in heauen and in earth f . although i see some play the fooles , or rather the mad-men so much , that they athrme , that this omnipotency is also giuen to the pope , and to prooue the same doe spin out a notorious argument of their owne vanity , in this maner . christ committed to the pope the deputation of his office , as it is matth. . cap. & . q. . can . quodcunque but all power in heauen and in earth was giuen to christ , math. . ergo , the pope which is his uicarc hath this power . extra ae translat . cap. quanto . so peter bertrandus in his additions adgloss . extrauag . vnum sanctam . de maior & obed . who also was so bould as to adde , that which is not far from blasphemy . for the lord should not seeme to haue beene wise or discreet ( that i may speake it with his reuerence ) vnlesse hee had left such a one behinde him , who could doe all these things . had this man thinke you any braine ? no maruell if io. gerson said , that pusillos , little ones , that is to say , simple and ignorant christians , being deceiued by such kind of vnskilfull glos●ators and postillators , estimare papam vnum deum , qui habet potestatem omnem in caelo & in terra . surely such grosse flatterers haue spoiled and corrupted the iudgement and liues of many popes . neither is it maruell , if pius the fift the pope , did tell martinus aspilineta , that the lawyers , ( hee meant the canonists , i thinke ) were accustomed to attribute a great deale too much power to the g pope . of whom iohn de turre cremata , it is a great wonder h ( saith he ) that popes doe speake moderately of the power which is giuen them ; euen certaine paltry doctorculi , without any true ground , will needs by flatterie make them equall with god. to which appertaines that which the cardinall of cusa writeth , a man very conuersant in all philosophie humane and diuine , and in storie besides ; that certaine writers being willing to exalt the roman see , worthy of all praise , more a great deale then is expedient or comely for the holy church , doe ground themselues on apocryphall writings , and so deceiue both popes and people . chap. xxviii . now the errour of these men , whereby they giue to the pope all power both humane and diuine , was bredde partly out of the apocryphall writings , as hath beene said ; partly out of certaine rescripts of popes , being conceiued more darkly then was cause , and wrong vnderstood , according to the letter , as they say . for , to speake the truth , there is no kinde of people more vnskilfull and ignorant , then these bare and meere canonists are : which i would not haue vnderstood onely of the knowledge of liberall learning , and of the propertie of speech , for this kind of ignorance is to be borne withall in them , as the common fault of that age wherin they wrote : but euen of the knowledge of that very art which they professe , which they haue clouded and darkened with infinite varieties of distinctions and opinions . for the greatest part of them dwelt only in the popes canons and constitutions , seeking none or very little outward helpe out of diuinitie and other sciences , as they should haue done . those rescripts whereof i speake , and which bredde errour in these men , are extant vnder the title of de translatione episcopi , a wherein innocent the third compareth the spirituall mariage , which is contracted betweene the bishop and the church , with the carnall mariage , which is betweene a man and a woman : first in that , because as the carnall matrimonie taketh her beginning from the espousals , and is ratified by mariage , and consummate by commistion of bodies : so also the spirituall contract of mariage , which is betweene the bishop and the church , is vnderstood to haue his beginning in the election , his ratifying in confirmation , and to bee consummate in consecration secondly in this , that the speech of our lord and sauiour in the gospell , those whom god hath ioined , let not man separate , is to be vnderstood of both the matrimonies , both carnall and spirituall . seeing therefore , saith he , the spirituall bond is stronger then the carnall , it ought not to be doubted , but that almightie god hath reserued only to his iudgement the dissolution of the spirituall mariage which is betweene the pope and the church , who hath reserued only to his owne iudgement the dissolution of the carnall mariage , which is betweene the man and the woman : commanding , that whom god hath ioined together , man should not separate . and againe : as the bond of lawfull matrimonie , which is betweene man and wife , cannot bee dissolued by man , the lord saying in the gospell , b those whom god hath ioined , let not man separate : so the spirituall contract of mariage , which is betweene the pope and the church , cannot bee dissolued without his authoritie , who is the successor of peter , and vicar of iesus christ. and lest any man should obiect , if god haue reserued to his owne only iudgement the dissolution of both the mariages , both carnall and spirituall , and the spirituall bond is stronger then the carnall : how can it be , that the pope , who is surely but a man , can dissolue that spirituall bond ? innocentius answereth in that place , that it is done in that regard , because they are separated , not by humane , but by diuine power , who by the authoritie of the bishop of rome are remooued from the church , by translation , deposition , or cession . for , quoth he , not man , but god doth separate ; whom the bishop of rome ( who beareth the person not of a pure man , but of the true god in earth ) weighing the necessitie or profit of the church , dissolueth , not by humane , but rather by diuine authoritie . thus he . these manner of speeches , and the cause that these men are carried headlong in that errour , that they suppose , whatsoeuer is done by the pope , is done by god himselfe , because the words of innocent seeme to carrie this meaning . i confesse , that there is no place in the whole pontificiall law more plaine and open for the words , nor more hard for the sense , that in expounding the same , the wits of all interpreters doe faile . for what can be spoken more vnderstandatly , plainly , and cleerely then this ; that not man , but god doth separate those whom the bishop of rome doth separate or dissolue ? or what followeth more rightly of any thing , then this of that position : ergo , that the bishop of rome may dissolue matrimonie , which is consummate , carnall copula , betweene maried persons ? and yet there is nothing more false then this conclusion ; and therefore wee must confesse , that that whereof it followeth , is false also , because that which is false can neuer follow of that which is true . which when hostiensis had obserued , when ( i say ) hee had considered the inconsequence of that reason : c but that reason , quoth he , sauing his authoritie and reuerence that gaue it , is not sufficient , vnlesse it be otherwise vnderstood : for by that it would follow , that bee might also by his authoritie diuide carnall matrimonie . but for all that , hostiensis doth not tell vs how this geare ought to bee vnderstood otherwise : neither can hee extricate himselfe from hence , that hee may maintaine his opinion with the preseruation of the truth . for , that he supposeth it might be vnderstood of carnall matrimonie , because , as he saith , before carnall copulation by a common dissent , it may be dissolued , the popes authoritie comming betweene : arg . cap. & cap. expublico de conuers . coniugat . surely this interpretation is void of all authoritie and reason : for as touching the rescripts alleged by him , and if there be any such like , they speake of that dissolution of matrimonie which is made by election of religion , and when one of the maried persons entreth into a monasterie , before their bodies be commixed nuptialis thori amplexibus : in which case there is no neede of the pope , authoritie to interuene , or any pontificiall dispensation : but that they are warranted by meere right , and the common helpe of the law , who in that manner doe procure a separation , and breake off matrimonie . d but that a matrimonie ratified , and not yet consummate , may vpon another cause bee dissolued by the authoritie of the pope , by the common dissent of the parties , that wee are to denie constantly , and that according to the most learned diuines . for the coniunction and commission of bodies doth neither adde nor take away any thing from the substance and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or essence of matrimonie : for the forme of matrimonie consisteth in the declaration of the indiuided coniunction , and consent of mindes , whereby they doe naturally giue themselues one to the other . but the procreation of children , and the bed-fellowship for that cause , is referred not to the constitution of matrimonie , but to the end e . hence is it said by the heathen , that nuptias non concubitus , sed consensus facit : not the fellowship of the bedde , but the consent of the mindes makes mariages f . and the same is confirmed by the sacred canons and constitutions g . otherwise surely that first mariage , which god instituted in paradise , was not a mariage , vntill the maried persons being cast out from thence , began to prouide for issue : then which what can be more absurd ? moreouer , there is no constitution or tradition of the church , no authoritie of fathers , no decretall epistle of the pope , in a word , there is no certaine and solid reason to bee found , which doth except from that sentence of our sauiour , matrimonie ratified , although not consummate : quos deus con●unxit , homo ne separet . nay and hee cannot except , vnlesse it be true , that they , who being contracted , are in the face of the church ioined in the sacrament of matrimonie , are not ioined by god. but there is in this matter , as in others , so great either ignorance or flatterie of diuers interpreters of the pontificiall law , that they are not ashamed to auerre , that not onely matrimonie ratified , but not consummate , ( and that against the common iudgement of the diuines , but also matrimony both ratified and consummated by carnall coniunction , may be dissolued by the pope , aswell as by god himselfe : h which if it should bee true , how weake the bond of matrimonie would proue amongst them , who haue grace and power with the pope , or otherwise may corrupt him with bribes , being blinded with desire of money , j leaue to others to iudge . but there is no cause , why they should thinke that their opinion is strengthned by the former rescripts of innocentius : seeing the pope himselfe in an other place expreslie faith , i that matrimonie betweene lawfull persons , with words of the present time , contracted , may in no case bee dissolued , except before that mariage bee consummated by carnall copulation , one of the maried persons passe ouer into religion . for it is not credible , that so learned and godly a bishop , had either so sodainely forgot himselfe , or wittingly had published opinions so iarring and dissenting one from the other . therefore there must some other meaning bee sought of these rescripts of innocentius . chap. xxix . now , if any aske my opinion , and interpretation of them , i am not afraid to say , as in a matter of this obscurity , that i am at a stand ; notwithstanding , that i doe thinke , that the difference in them is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , that the mind of this good bishop , and the sense of the wordes doe differ ; which oft times fals out in the writings of law-makers , when as either they doe vse words not so fitte for to expresse their meaning , or do omit some necessary particle , or exception , for to make the constitution plaine , and entire ; for otherwise it is not likely , that hee who denieth , that the pope may graunt licence to a moncke , that he may haue propertie of goods , or marry a wife ; would affirme , that the pope may dissolue the sacrament of mariage , i meane matrimony ratified and consummate . what is the matter then ? i will speake what i thinke : i haue obserued , that innocentius hath with that subtlety and finenesse tempered his doctrine , that although hee compare each mariage in this , that they are dissolued by the iudgement of god onely : yet , where he speakes of the power of the chiefe bishop , and vicar of iesu christ , he conioineth them together no more , nor makes mention of carnall matrimony , but onely of spirituall : which not deemed to be separated by man , but by god himselfe ; then when as the bishop of rome dissolueth the same , the necessity or commodity of the church well considered , not out of humane , but rather out of diuine authority by translation , deposition or cession ; by which silence , and omission of carnall matrimony , he doth sufficiently implie , that in the manner of separation , it doth differ , and is secretly excepted from the spirituall matrimony : that the pontificiall authoritie doth not extend to the dissolution of this , viz. the carnall , as if hee had spoken more plainely in this manner . god hath reserued to his own iudgement , the dissolution , as well of the carnall , as of the spirituall matrimony : notwithstanding , the bishop of rome , who is the vicar of christ , and successor of peter , the necessity or commoditie of the churches , &c. may dissolue them : which when he doth , not man but god doth separate , whose person the pope beareth in earth . now , why the pope may dissolue a spirituall mariage , and not a carnall also , the reason is plaine and easie : because the spirituall matrimony of it selfe , and euerie way doth belong to the ordination , gouernement , and oeconomie of the church , which christ hath wholy commended to peter and his successors . and therefore hee must needs seeme to haue granted to them this power to dissolue spirituall mariage , seeing they are not able without it to execute , and discharge the office committed to them a . and therefore whatsoeuer the popes themselues , as hierarches , that is spirituall gouernors , doe dispose and decree of the seuerall matters & persons of the church , wee must belieue that god doth dispose and decree the same , who hath by name committed this dispensation , and procuration to them . but carnall matrimony was instituted , not for the ordination of the church , but onely for procreation of issue b : and for that cause it is said to bee of the law of nature , and to be common to all nations and countries : neither doth it in any other respect belong to the notice of the church , but that it is a * sacrament in the new law , containing the my sterie of god and the soule , of christ and the church . and therefore there was no necessity to permit to peter and his successors , the power to dissolue the same . they haue inough to discerne & iudge , if it be a mariage , that they may know if it bee a sacrament . therefore , although the pope may auaile very much in the contracting of a mariage , viz by remouing all impediments , which doe arise out of the positiue law , and ecclesiasticall constitutions , and giue order , that it may duly and rightly be contracted , which otherwise were neither lawfull nor firme : yet when as either through the common law permitting , or the pope dispensing in cases prohibited , it was contracted , hath no power for any cause in the world , to relaxe and dissolue the same . neither doth it belong to the matter , that in courts and iudgements ecclesiasticall , we see often that separation is made of those persons , as haue liued a long time together , vnder the conceit and shew of mariage . for neither the pope in that case , nor the iudge delegated by the popes authority , doth dissolue any matrimony : but by his iudgement declareth , that the matrimony , which indeede was contracted de fasto , or was falsly supposed to be a mariage , was no mariage at all : & enioyneth persons that are not lawfully coupled together , because without sin they may not entertaine that societie together , to depart one from an other , and to forbeare their accustomed acquaintance . but this is not to dissolue matrimony , or to separate persons lawfully ioined , as concerning the bond of mariage . whereby it is euident , that both innocentius the interpreter , who afterward was the iiii. pope of that name , and also ioh , andr. ( who is called the fountaine and trumpet of the canon law ) hath very foolishly interpreted this part of the rescript of innocentius the iii. whome god hath ioined , let no man separate . of their owne authority say they : but man doth not separate carnall matrimony , when the bishop or the archdeacon doth dissolue it by the constitutions of the pope , but god himselfe , by whose authority those constitutions were made . as though matrimonie might be dissolued by the constitutions of the pope ? indeed the constitutions of the pope may hinder , that mariage may not bee lawfully contracted betweene certaine persons , and make a nullitie in the law , because it was not contracted by the disposition of the same constitutions . but to distract and diuide a mariage which is lawfully contracted , & to breake or loose the band , no constitution either of pope or church can do . otherwise the apostle in those words ; d the woman is bound to the law so long time as her husband liueth , but if her husband doe sleepe she is free : i say he did ill to make mention of death onely ; if shee may be free by some other meanes , viz. the popes constitutions , the mariage it selfe being dissolued . and now since these things are thus , it is time to returne from this by-way , into which the vnreasonable flattery , and ignorance of certain doctors hath drawne vs , into that path from whence wee haue digressed . chap. xxx . it is now positiuely set downe , and affirmed by the consent of all who can rightly iudge of diuine matters , that the pope cannot make grace to any , of the naturall and diuine law ; or , as we vsually speake now a dayes , cannot dispense against the law of nature , and of god : and grant that that may bee done without guilt , which god and nature haue forbidden ; or forbid lest that should be done which god hath expresly commanded to be done ; and this not onely the diuines , but also the canonists of the better sort , doe very earnestly maintaine . therefore this is a most grounded ax●ome , whereon the weight of this whole disputation doth depend , and whereon is grounded the solution of that argument , which wee haue transcribed out of bellarmine aboue in the beginning of the . chapter . surely , we do admit his proposition , which is , that it is necessary for a pastor to haue power about the wolues , that hee may driue them away , by all the meanes he is able . wee admit also the assumption . that the wolues which destroy and waste the church of god , are heretickes . where hee concludeth in this manner . ergo , if a prince , of a sheepe , or ramme , turne wolfe ; that is to say , of a christian turne an hereticke , the pastor of the church may driue him away by excommunication , and also may charge the people , that they doe not follow him , and therefore may depriue him of dominion ouer his subiects . surely , a very vnsound collection . in stead whereof , in good logicke , should bee put this conclusion : ergo , if any prince , of a sheepe , or a ramme , turne wolfe , the pastor of the church may driue him away by all the meanes hee can . for this ariseth rightly out of the former propositions , and therefore if we grant them it cannot bee denied . therefore all this is true ; and wee grant it all : but yet that which hee annecteth and knitteth to this conclusion , is neither agreeable nor consequent , which is , that the pastor may enioine the people , &c. for to be able , or not to be able ( posse ) where the right and equity is disputed , ought to bee vnderstoode not of the mere act , but of the power , which is lawfully permitted , and which agreeth with law and reason . so as in this case the pope may be said to be able to do that , which hee is able to doe iustly and honestly a . and so the matter is brought about , as we are enforced to enquire , whether the pope by the plenitude of his apostolicke power , as they speake , can command & enioine subiects , that they dare not be so bold as to obey the edicts , commandements , lawes of their prince vnder paine of excommunication . and if he shall de facto commaund the law , whether the subiects are bound to obey any such commandement of the pope . surely , as i touched in the beginning ; for the affirmatiue , i could neuer in my life , either my selfe find a waighty argument , nor light vpon any inuented by an other : but the contrary proposition is strongly maintained , being built vpon the foundation which we spake of ere while ; viz. that the pope cannot in any sort dispense against a law of nature , and of god. vpon which ground is raised a most firme argument in my opinion , which is concluded in this forme . the pope can commaund or dispense in nothing against the law naturall and diuine . but to commaund or dispense in the matter of subiection and obedience due to princes , is against law naturall and diuine . ergo , the pope cannot commaund or dispense in the same : and by consequence cannot commaund the subiects , that they doe not obey their temporall prince , in that wherein the prince is superiour to him : and if he shall de facto commaund , it shall be lawfull for the subiects to disobey him with safety and good conscience , as one that presumes to giue lawes without the compasse of his territory or iurisdiction . both the propositions are most certaine . out of which the conclusion is induced by a necessary consecution . he that shall weaken the force of this argument , shall doe mee a very great pleasure , and make me beholding to him . for my part , that i may ingenuously confesse my slender wit , i doe not see in the world how it can bee checked by any sound reason ; for though it may bee said , that obedience due to a superiour may bee restrained and hindered by him who is superiour to that superiour , and that the pope who is father of all christians , is superiour to all kings and princes christian , in this , that he is father , and therefore that hee may of his owne authority inhibite and restraine , that the subiects doe not performe the reuerence and obedience due and promised to the prince ; yet this reason is like a painted ordinance , not able to beat down the strength of the former conclusion . seeing this which is said , that obedience du to a superiour may be diminished or restrained , or taken away by his commaundement , who is superiour to that superiour : this is true onely then , when he who forbiddeth it is superiour in the same kind , and line of power and superiority ; or in those things , wherein obedience is due . as for example , the king may take frō the lieutenant of his armie his commaund , and giue charge that the armie obey him no more ; and the lieutenant may vpon cause commaund that the souldier obey not the tribune , nor the tribune the centurion , nor the centurion the decurion . for that all these in the same kind , i meane about militarie gouernment & discipline , but one aboue an other , are superiour according to the order of dignity . the same is true in the orders of the heauenly warfare , and of the ecclesiasticall hierarchie . but the obedience of the subiects towards the prince , whereof wee speake ; consisteth in temporall matters , wherein the popes themselues confesse , that there is none aboue the prince b . but if none bee aboue him in temporalities , surely it followeth , that there is none that may forbid or hinder the subiection and obedience which is due to him from his subiects in temporalities . i haue shewed aboue that these powers the spirituall and temporall , are so distinct , that neither , as it is such , doth commaund or serue the other . and that they are not to be regarded , who flie to their starting holes of distinctions and quirkes , or rather those snares , of verball captions , by these words , directè & indirectè . for it is most sure , that hee hath a superiour in temporalties , whome an other may in any sort commaund a-about temporall matters : or who in temporall causes may bee iudged directly or indirectly by an other . for iudgement is giuen of one against his will c . and no man is iudged but of his superiour . because an equall hath no commaund ouer an equall d . and indeed , for the effect and issue of the matter , there is no difference at all ; whether one haue authority and power ouer an other , directly or indirectly . for in those wordes , directè & indirectè , or if you please , directly , and obliquely , the difference is propounded to vs onely in the maner and way , or order of obtaining and comming by the former , but not in the liberty , force and effect of exercising , and executing the same . but good god ? what can bee said more vnreasonably , or more contrary to the selfe then this : that a king hath no superiour in temporalties ; but is free from all bands of offences , nor is brought to punishment by any lawes , which all antiquitie , and the whole church hath euer held : and againe , that the pope vpon cause , or in some manner , that is to say , indirectly , is superiour to the king in temporalties , and may punish him with temporall punishments , that is , with losse of kingdom & rule , yea & life also ? for after that he is once defected & thrown down from his throne by the pope , and reduced to the condition of a priuate man , what remaineth , but that he should vndergoe the last issue of this malice ? and that is , either to prouide for his safety by speedy flight , and so liue a miserable life out of his countrey ; or if hee doe not in this manner prouide for himselfe , bee will forthwith bee arraigned and conuinced in publike iudgment , and then fall into the hands of a gaoler , or an executioner , and so there will be an end of him . now there is in this power , which these good fellowes doe attribute indirectly to the pope , a soueraigne , free , and vncontrolled libertie to oppresse , and to exercise tyrannie , euen ouer good and innocent kings . for first of all they ordaine , that it belongeth to the pope to iudge , if a king be to be deposed or not to be deposed . secondly , that there is no appeale from his iudgement , because he alone iudgeth all men , and is iudged of no man. and so should it be in the power and pleasure of a malitious pope , whensoeuer he conceiueth and burneth with any priuate hatred against any king , though he be neuer so good , to pretend some occasion or other of an indirect prerogatiue , that hee may turne him out of his kingdome , and reduce him to the estate of a priuate man. which j would not speake in this place , ( for i would not presage so hardly of the gouernours of the holy see ) but that all the world doth vnderstand , that the same hath in former ages beene practised by diuers popes . and it is not yet aboue the age of a good olde man , since iulius the ii. did most wickedly and vniustly take from iohn king of nauarre , his kingdome by ferdinando of aragon , by this very pretence of the papall authoritie , the same iohn being not guiltie , or conuinced of any crime , but onely because he fauoured lewes the french king. and if to doe matters of this nature , is not to be superiour in temporall affaires , i would gladly learne of these great masters , what it is to be a superiour . one thing i know ( if this opinion of theirs bee true ) that the pope is able to doe more against kings indirectly , then if he should haue directly any command ouer them . of which point we haue spoken something before g . if therefore the pope , de apostolicae potestatis plenitudine , shall goe about by his decree or bull , to forbidde them to obey their king , may not all the people againe , or some in the peoples behalfe , answer the pope in this manner : holy father , you are not aboue our king in temporalties ; and in that respect , you cannot hinder the temporall obedience which wee performe vnto him . why doe you forbidde vs to doe that which god commands vs to doe ? is it because it is at your pleasure to interprete the will of god , comprehended in the diuine law , and in the scriptures ? but notwithstanding there must no such interpretation bee made , as doth wholly make the law void , and vtterly doth destroy and dissolue the commandement . if there be any thing doubtfull or darke in the law of god , wee presently flie to the see of peter , that is , to the see which you now doe hold , to receiue the interpretation of the truth : but that which is cleere and manifest of it selfe , that needeth no light of any interpretation . seeing then our lord and sauiour commands vs , to giue to caesar those things which are caesars , and to god those things which are gods ; and after by his apostle , to be subiect to princes and powers , and to bee obedient to them : it is your part to declare vnto vs what things be caesars , that is to say , what things belong to our king , and what be gods ; that both of them may haue that which belongeth to them : and in this distinction of things we will willingly heare your voice . but when you say , i will haue you giue nothing to caesar , or to your prince , you contradict christ , and therefore wee heare not your voice . wee doe indeede confesse , and professe also , that the exposition and interpretation of your holinesse should take place touching the obseruation of the diuine law : but we affirme absolutely , that that is not to be receiued , which maketh a scorne both of the law of god , and of nature , and bringeth the same into contempt . as for example , not to digresse from the matter we haue in hand : we are commanded to obey our princes and magistrates : in the obseruation of this commandement , we as obedient children , doe willingly embrace your expositions and restraints , which doe not quite destroy and extinguish the commandement it selfe : as when you say , that from hence there growes no obligation to obey kings , but in those matters which belong to their temporall iurisdiction : that all spirituall things are to bee reserued to the vicar of christ , and to the church . also , when as you doe aduertise vs , that wee ought not to yeeld obedience to the king in that which he commands against the law of god , or nature , or which otherwise is repugnant to good manners . but when as you simply and absolutely command vs , that we doe not in any sort obey our lawfull prince , or any of his charges , commandements , and lawes : wee may not obey this commandement of yours , because this is not to interprete the commandement of god , which is granted to your holinesse , but vtterly to abrogate and ouerthrow the same , which you cannot doe by any meanes . christ when he deliuered to peter the keies of the kingdome of heauen , did not giue him power h faciends de peccato non peccatum , that is to say , that which is sinne , to make it to be none . therefore in this point we will follow the common doctrine of the canonists : that we ought not to obey the popes commandement , if either it bee vniust , or that many mischiefes or scandals are likely to ensue thereof , or else the disturbance and disquietnesse of the state of the church and the christian common-wealth be likely to grow of the same : and therefore , if the pope should command any thing to religious men , which were against the substance of order , that is , which should bee contrarie to the rule professed by them , they are not bound to obey it , ( as felinus interpreteth in cap. accepimus . de fid . instrum . & cap. si quando . de rescript ) as the same innocent teacheth k elsewhere : whom martin of carats in his tractate de principibus , quast . . and felinus in de cap. si quando , and d. cap. accepimus , doth report and follow . how much lesse then ought the subiects of kings to giue eare to the pope , going about to withdraw them from the obedience which is due to their king by the law of god and nature , and confirmed with the most straight obligation of an oath ? if you will vs to withdraw our neckes from the yoke and seruice of our king for this cause , because a spirituall good is hindred by our obedience , which is giuen to him by vs : wee answer , that this mischiefe , whatsoeuer it bee , chanceth to fall out by some accident : for simply and of it selfe , euill cannot grow out of good , nor good out of euill . now wee haue against our willes committed that accident , but we cannot hinder it . wee discharge the dutie due to our king : and according to patience in doing well , wee seeke glorie honour , and immortalitie . m he if he abuse the obedience due vnto him , and so great a benefit of god , hee shall feele god to be a most sharpe judge and reuenger ouer him . but it is not lawfull for vs to forsake our dutie , and to transgresse the commandement of god , that euen a very great good should follow thereby , lest wee purchase to our selues the damnation which the apostle doth denounce . he that commands to obey our kings , and to yeeld to casar those things which be casars , putteth no distinction betweene good and euill princes , and therefore ought not we to make any distinction . n if , as b. augustine teacheth , hee who * hath vowed continence to god , ought by no meanes to offend , euen with this recompence , that he beleeueth he may lawfully marie a wife , because she who desires to marie with him , hath promised that shee will bee a christian , and so may purchase to christ the soule of a woman , which lieth in the death of infidelitie , who if shee marie him , is ready to prooue a christian : what excuse shall wee vse to god , if wee for the hope of some contingent good , should violate the religion and faith of our oaths , which wee haue giuen to god and our king ? for there is nothing more precious then a soule , for which our lord and sauiour hath vouchsafed to die . and therefore if we may not sinne to gaine that to christ , for what cause shal it be lawfull for vs to sinne ? moreouer , in that you say , that you doe free vs , and pronounce vs free from the bond of this dutie ; that taketh not from vs all scruple of conscience , but causeth vs to hang in suspence , and the more to doubt of your authoritie ; because wee know that the commaundement , wherein you promise to dispence with vs , is ratified by the law of god and nature ; and that your holinesse can neuer , no not by vertue of the fulnesse of your power , dispense with any in the law of god and nature . therefore wee will obey you in spirituall matters , and the king in temporall matters . god commands both : wee will performe both . to be short , the comminations and threatnings , which you insert in your mandate , we doe wonder at surely , and in some part we feare them : but yet we are not altogether so fearefull , as to bee more afraid of them then we ought , or that we should be so terrified with them , as for feare of an vniust excommunication , to denie to our king the iust and lawfull obedience which is due vnto him . for although it bee a common speech , that euery excommunication is to bee feared ; o yet we ought to know , that an vniust excommunication hurteth not him against whom it is denounced , but rather him by whom it is denounced . p therefore if you strike vs with the edge of your excommunication , because we will not at your commandement transgresse the commandement of god , and malum facere ; your malediction and curse shal be turned into a blessing , so as although we may seeme to be bound outwardly , yet inwardly wee remaine as it were loosed and innocent . these and such like , are the reasons which haue so settled the faith , as well of the clergie as nobilitie , and euen of the whole commons of france , toward their kings , that they haue resolutely withstood certaine popes , who haue earnestly laboured to withdraw them from their loyaltie , and obedience of their kings ; and haue scorned the popes bulles , and the sentence of deposition and depriuation from the kingdome : nay more , that they haue not beleeued therefore , not without reason , that they are bound by any ecclesiastique censures , or may iustly bee enwrapped in any bonds of anathema or excommunication . for my part , surely i doe not see what may iustly bee blamed in the former answer and defense of the people , vnlesse it be imputed to them , and be sufficient to conuince them of contumacie , because they doe not by and by put in execution , without all delay , or examination of the equitie , euery commandement of the pope , as though it were deliuered euen by the voice of god himselfe ; which i thinke none in his right wits will iudge . as for the other points , they are grounded on most firme demonstrations , most sound reasons and arguments , and reasons of diuine and humane law : viz. that it is the commandement of god , that honour and obedience should be yeelded to kings and princes , no difference or distinction of good and wicked princes in that point being propounded : that all the authoritie of the pope consisteth in spirituall matters : that temporall affaires are left to secular kings and princes . that the pope is not superiour to kings in temporall matters , and therefore that he cannot punish them with temporal punishments . lastly , that the pope can in no sort dispense against the law of nature and of god , whereby this obedience is commanded the subiects toward the prince : and for that cause can neither absolue and discharge the subiects from that obligation , nor by iust excommunication censure them , who doe not obey him when he forbiddeth them to giue lawfull obedience to the prince . al which points are seuerally and distinctly concluded before with authorities , testimonies , and arguments , which in my opinion cannot be answered ; which notwithstanding i will leaue to the iudgement of the church . for this is my minde and resolution , to submit my selfe and all mine to the censure and iudgement of my most holy mother . chap. xxxi . those things which hitherto haue beene deliuered by vs , of the soueraigne authoritie of kings and princes , and of the dutie which is not to bee denied to them in all things , which are not repugnant to gods commandements , and to good manners : they are confirmed by the continual and solemne obseruation of the ancient fathers , and the whole church . for although they had great opportunit●e and meanes to pull downe and to defect from their gouernment wicked christian princes , by whom they had beene wronged with priuate and publike iniuries , yet in no maner did they moue any question against them touching their authoritie and rule : they denied them no parcell of humane obsequie and obedience . only they wisely , freely , and stoutly resisted their errours . and so holding the multitude in their dutie towards god and their king , they obserued both precepts , of fearing god , and honouring the king. and in very deede this is the principall remedie to preserue mens mindes from slipping , and reuoke them from errour ; and the most ready way and meane to reduce kings and princes , being furiously caried headlong with a frenticke heresie , from immanitie and fiercenesse , to courtesie and mildnesse ; from errour to truth , from heresie to the faith : which course the ancient fathers euer held in such like cases : which if the other popes had followed in these latter ages , and had not arrogated to themselues that same insolent , and proud , and hatefull domination ouer kings and emperours in temporall matters , it had gone better then at this time it doth with the christian common-wealth : and peraduenture those heresies wherewith wee are now sore pressed , might haue beene strangled in the very cradle . for euen the issue and the euent of businesse to this day , doth sufficiently teach , that the popes doe little or nothing auaile , while they hold this high , slipperie , and steepe headlong way ; but that they doe more times raise troubles , schismes , and warres , by this meane in christian countries , then propagate the faith of christ , or increase the profit , and enlarge the liberty of the church . how vnprofitable and hurtfull to the christian common-wealth that assault was of gregorie the vii . vpon henrie the iv. ( which gregorie was the first of all the popes that euer aduentured this high course ) wee haue sufficiently declared before . but who is ignorant how that same furious aggression and censure of boniface the viii . vpon philip the faire , how little it profited , nay how much it hurt the church ? likewise that of iulius the ii. against lewes the xii . both kings of france ? of clement the vii . and paulus the iii. against henrie the viii . and of pius quintus against elizabeth , kings of england ? did not all these princes , not onely not acknowledge , but also contemne and laugh to scorne that same papall imperiousnesse , carried beyond the bounds of a spirituall iurisdiction , as meere arrogation , and an vsurped domination ? for the two last popes , i dare bee bold to affirme vpon a cleere ground , ( for the matter is knowne to all the world ) that they were the cause that religion was lost in england : for that they tooke vpon them to vsurpe and practise so odious and so large a iurisdiction ouer the prince and people of that kingdome . therefore how much more iustly and wisely did clement the viii . who chose rather by a spirituall and fatherly charitie , and a vertue agreeable to his name , to erect and establish the state of the french kingdome , which began to stagger and sway in religion , then to contend by this same haughty and threatning authority of a temporall iurisdiction ? because hee knew that seldome or neuer it had happie issue . out of doubt , for kings and princes , who glory not without cause , that they are beholding onely to god , & the sword for their kingdomes and principalities , it is proper to them of a naturall greatnes of mind , to desire rather to die with honour , then to submit their scepters to an others authority , and to acknowledge any iudge & superiour in temporall matters . and for that cause it seemeth not to be good for the church , and christian common-wealth , that the pope should be inuested in so great an authority ouer secular princes , by reason of the manifold slaughters , miseries , and lamentable changes of religion , and of all things besides , which dospring from thence . in which consideration , i cannot but wonder at the weake iudgement of some men , who take themselues to be very wise , who to remoue from the pope the enuie of so hatefull a power , and to mitigate & allay the indignation of kinges whome it offen deth so much ; are not afraide to giue out , and to publish in bookes scattered abroad a , that this temporall prerogatiue of the pope ouer kings , is passing profitable euen for the kings thēselus : because as they say , mē somtimes are kept in compasse , more through the feare of loosing temporall , then of spirituall estates . an excellent reason surely , and worthy of them , who put no difference betweene princes and priuate persons , and measure all with one foot . surely , these men reach so farre in vnderstanding , that they vnderstand nothing at all . as though that feare wich falles vpon priuate persons , is wont to possesse also the minds of princes : who hold themselues sufficiently protected and armed with the onely authority of their gouernment against all power and strength , and impression of any man. that reason ought onely to be referred to them , whom the terrour of temporall authority , and the seuerity of ordinary iurisdiction , do reclaime from offending with feare of punishment ; for these kind of people ( because they are sure that if they offend , they shall be chastised with some pecuniarie or corporall mult ) doe for the most part abstaine from doing hurt , not for conscience , but for the displeasure , and feare of the losse of temporall thinges . but kings haue not the same reason , but being placed on high aboue all humane constitutions , and all positiue lawes , doe giue vnto god onely the account of their administration , whose punishment the longer it is in cōming , the more seuere it is like to bee . against priuate persons the execution of punishment is ready , which they cannot auoid without the mercy of the prince . but what execution can bee done against princes , seeing they are not tied by any sanctions of humane lawes , nullisque ad poenam vocentur legibus , tuti imperij poteslate ? for that it is expressed in the law , that the prince is free from the laws : that both the latine and the greeke interpreters do vnderstand , as of all lawes , so especially of poenall , that the prince although he doe offend , may not be chastised by them , or as the graecians doe speake , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which is the cause , that kings being assured , both the greatnesse of their authority , and confidence of their armes , feare not the losse of any temporall estate , seeing there is not one among a thousād of them so froward and friendlesse , but that he can find many friends to follow his party , by whose helpe and aduice , whether he be to vse sleight or strength , hee supposeth he can maintaine his crowne and scepter . and for this very reason it is so farre , that they will be terrified with these imperious and lording minitations , to take their kingdomes away , that they are rather inflamed , and set on fire by them against all pietie and religion . and it is verie certaine , that this temporall power , which the pope some ages past doth challenge ouer all men , is so hatefull to princes , that euen they , who doe much honour the seate of peter , and do acknowledge the great power of his successors in spirituall causes , yet they cannot without indignation endure to heare the speech of this temporall domination . the reason is , because neither in the sacred scriptures , nor traditions of apostles , or any writings of ancient fathers , there appeareth any testimony , nay , no token or print of footing of any such authority of the pope : and that a matter of so great weight , i meane so great a commaund and power of raigning , should bee euicted or wrested from them without the manifest word of god , or pregnant proofe of reason ; neither can they endure any reason of law , or indifferencie of equity can admit . wherfore wise men haue euer been of this mind , that the popes should with much more case procure the peace of the church , if according to the custome of their ancesters , they would quietly rest themselues within the bounds and compasse of the spirituall iurisdiction ; and that according to their apostolicke charity they should humblie entreat wicked kings , requesting , beseeching , protesting with praiers and teares , that they would returne into the way , rather then that they should goe about through this hatefull intermination , to strip them of their temporall authority , as it were through force and feare ( wherby they profit nothing or little , ) to extort and wrest from them amendement of maners and faith . and if these princes bee so obstinate and stiffe in their wicked courses , that they can be moued with no teares , nor bended with no praiers ; the assistance of god must be implored , and they abandoned to his iudgement . but now let vs goe forward . chap. xxxii . the second argument which bellarmine deducteth out of his fift reason before related by vs , is by him propounded in these words . a shepheard may shedde and shut vp the furious rammes which destroy the flocke : but a prince is a furious ramme , destroying the flocke , when he is in faith a catholicke , but so wicked as hee doth much hurt religion and the church , as if he should sell bishoprickes , spoile churches &c. ergo , the pastor of the church may reclude him , ( he should haue rather said exclude him , for recludere is aperire , ) or to reduce him into the rancke of the sheepe . surely , wee doe admitte this argument , and whatsoeuer beside is by necessary consecution inferred thereof : now no other thing can be inferred , but that it is lawfull for the pastor of the church , ( by which name we vnderstand the pope in this place ) to expell an euill prince out of the lords fold , and to exclude him that he rest not in the lords sheepe-cotes with the rest of the christian flocke : that is to say , by ecxommunication to cast him out of the communion of the church & of the saints , and to depriue him of all the benefites of regeneration in christ , and to deliuer him to satan , vntill hee make lawfull satisfaction for his offence and contumacie . and this punishment is wholy spirituall and ecclesiastick , and the greatest of all other which the church hath b : which he cannot goe beyond , no not against a priuate person : vnlesse it be to go to the prince ciuill , as being superiour to the offender , and beseech him to punish the iniurie offered to the holy mother ; who for that shee is a nurse of the church , ought to chastice with corporall and ciuill punishments the offenders and rebels to the same . but the church wanteth this temporall aide , when as he is the soueraigne prince himselfe , who commits that for which hee may be worthily excommunicate , because he hath no superior , & by no law can be challenged to punishment , being free and safe through the maiestie of his gouernment . therefore although the pastor of the church , or the pope , may by excommunication exclude him from the flocke , and so depriue him of all his spirituall benefites : yet can hee take away from him none of those things which he possesseth and enioyeth by vertue of a temporall and humane interest : because goods of that nature are not subiect to ecclesiastique , but to politique lawes , which are in the power of kings . and as no christian , whether prince or priuate person , can auoid the popes iudgment in spirituall causes : so neither may any subiect of what ranke or place soeuer he be , decline the iudgement of his king or prince in temporall affaires : for in that the causes of clergie persons are committed to other then to ciuill iudges , that was granted them by the singular grace and priuiledge of princes , whereas by the common law , cleriques as wel as laiques are subiect to the temporall authority of secular princes . and this is grounded on that reason , which bellarmine himselfe deliuers , viz. that clergie persons , besides that they are clergy persons , are also citizens , and certain parts of the common wealth politique . hence it is , that vnder the best and holiest christian princes , all the causes of clergy men , as well ciuill as criminall , so as they were not ecclesiasticke , were wont to bee debated before ciuill and temporall magistrates c . therefore the clergy did owe to secular princes this their liberty , which in this point they enioy , as we haue declared before in the . chapter . whereby i maruaile that the same bellarmine doth affirme that the pope might simply by his owne authority exempt clergy men by the canon law , from the subiection of temporall princes . for ( that i may speake it with the reuerence of so great a man , ) it is as false as false may be . because the law of christ depriues no man of his right and interest : but it should depriue , if it should take away against their wils that temporall right and interest which princes before they became christians had ouer clergie men . againe , seeing the pope himselfe hath obtained this exemption of his owne , by no other right , but by the bounty and grace of princes ( for as the aduersaries confesse , hee was both de iure , and de facto , subiect to heathen princes , as other citizens ) it is an absurd thing to say , that he could deliuer others frō the same subiection . otherwise that might agree to him , which the wicked blaspheming iewes did vpbraid to our sauiour christ , he hath saued others , himselfe he could not saue . and in this point the authority of the fathers in councels , could not be greater then the popes . therefore this place requireth that wee also conuince an other errour which hath sprung & spread very wide out of the decrees of counsels , not diligently and aduisedly considered , and which reacheth at this day i know not how farre , and to what persons : viz. that councels haue freed clergy men from the authoritie & iurisdiction of magistrates . which is as far from all truth as may be , for it is no where found in any councell , that the fathers assumed to them so much authority , as to depriue secular judges of their authority and iurisdiction ouer the clergy , or in any sort forbid them to heare and determine the causes of clergy men being brought before them , vnlesse it were after that by the singular bounty of diuines , which began from iustintanus , that priuiledge of court was granted to church men . for when as these graue fathers themselues which were present and presidents in councels , were subiect to temporal authority ( as saint augustine teacheth in expositione cap. . epist. ad rom. ) it could not bee that they should by their proper authority exempt themselues or others from that subiection . therefore wee must vnderstand that those ancient fathers of the church , amongst whom the ecclesiasticall discipline did flourish with much seuerity and sincerity ( which at this day is too much neglected ) vsed all the care and diligence that might bee , that the clergy should carry a light before the people , not onely in doctrine , but also in inte●rity of manners and innocency of life : and for that cause that they admonished all clergy men , and decreed and enacted by the canons of their councels , that none of them should bring against another any ciuill or criminall complaint before a secular iudge , but that either they should compose all their controuersies among themselues by the arbitration of friends , or if they would not or could not , that at least they should end them by the iudgement of the bishop . and surely , they ordered their matters in this manner out of the same , or surely the very like aduice which s. paul in the . epistle to the corinthians , gaue the christians , forbiding them , that they should not draw one an other before the iudgement seates of insidell iudges , and there contend about their differences ( which we spake of a little before : ) i say out of the same aduice these fathers ordained , that if any thing sell out among the clergy , after the manner of men , which might be a scandall to the laitie ( as are the faults which are committed of humaine frailety ) that the same might with more secresie and closenes be amended before their proper ordinaries , nor should not come to the eares of the rude and barbarous multitude , which oft times measureth the doctrine by the manners , and is accustomed either to disdaine or to scorne and laugh at these maner of slippes in the clergy . and moreouer , lest the cleriques , who ought to bee carefull and diligent to maintaine peace and concord , and both in word and deede to giue example of charity and patience , should seeme by their often haunting and frequenting of secular courts , to shew the way to all manner of strifes and contention . then by these decrees of councelles , there is nothing detracted from the authoritie of the laickes , but that they may heare the causes of the clergie men . for the fathers did not , neither indeed could they forbid , that secular iudges should not iudge and determine of clergie mens causes , being brought before them ; ( for that had beene to take from princes and magistrates that right and authoritie , which the law of christ doth not permit them to doe ) but indeed they did forbidde that one clergy person should not draw an other before those kind of iudges , appointing canonicall or ecclesiasticall punishments against them which did not obey . now this they might appoint iustly and lawfully without wrong or preiudice to any : euen as a good father that hath many children , may commaund his children , and also forbid them vnder a priuate and domesticke punishment , that they doe not contēd before a iudge about any controuersies amongst themselues , but that they cease and lay downe all quarrell and differences vpon the iudgment of their father or brethren : and by giuing his children this charge , he doth not preiudice at all the authority of lawfull iudges . euen so the fathers of the councels haue inhibited their sonnes , that is , the clergy men , that they should maintaine no action , nor question amongst them selues before secular iudges , not by taking away from the laiques their power to heare and decide of their causes , but by abridging the clergie of their ancient liberty of going so freely vnto them as they vsed to do . and this is not to exempt the clergie from the authority and iurisdiction of temporall magistrates , but only to take a course , by which the clergie hauing businesse with the clergy , may easily attaine their right without so much noise and stirrings in lay-mens courtes . and lest any man should doubt whether these things stand thus or no , i thought it worth my pains to set down the very decrees of the counsels : from which because they were not well vnderstoode , this errour hath sprung , that from thence the reader may vnderstand the truth of our discourse . the first then which decreed any thing touching this point , was the . councell of carthage , held the yeare of our lord . at which s. augustine was present , and subscribed the same . in the . can of that councell it is thus written . also wee haue ordained that whosoeuer bishop , priest and deacon or clerke , when as a crime is charged vpon him in the church , or a ciuill controuersie , shall bee raised against him , if he leauing the ecclesiastick iudgement , shall desire to be cleared by the publique iudgements , although the sentence passe of his side , that hee shall lose his place , and this in a criminall iudgement . but in a ciuill , that he foresee that which hee hath wonne , if he : desire to hold his place still . for hee that hath free liberty to chuse his iudges where hee will , hee doth shew himselfe to be vnworthy of the fellowshippe of his brethren , who conceiuing meanely of the whole church , sueth to the secular iudgement for helpe . whereas the apostle commaundeth that the causes of priuate christians should bee brought to the church , and be there determined . is there any word here , whereby it may be gathered by any probable reason , that the councell meant to exempt the clergie from the iurisdiction of secular magistrates ? or doth declare that the laickes are not competent iudges for the clergie ? nay it sheweth the direct contrarie : viz. that they doe confesse , that the secular iudges may by good right heare and decide the causes of clergie persons , and that they doe not disallow their iudgements , as giuen by an incompetent iudge ; but that they only endeuour this , to restraine the giddinesse and forwardnesse of those clerickes , that when as a cause hath alreadie beene begun to bee debated in the church , forsaking and contemning the ecclesiasticke iudges , doe submit themselues to the order and iudgement of laickes : in which case the councell doth not disallow the sentence giuen by a secular iudge , nor pronounceth him to be no competent iudge , but a penaltie depriueth that clerke of the fruit and benefite of such a sentence , by reason of his lewdnesse and disorder . now in that the fathers of that councell did at that time acknowledge the ciuill magistrates to bee the competent iudges of clergy men ; by that it may bee vnderstood sufficiently , that they restrained this their decree to that case , wherein a crime is raised vpon a clearke in the church , or a ciuill controuersie set on foot against him . therfore out of these cases , it was by this canon lawfull for the clergie without offence to prosecute their sutes in a ciuill court , and to debate their businesse before a secular iudge . after followed the famous councell of chalcedon , ann. dom . which also in the . canon decreeth on this manner : if any clergy person haue businesse with a clergie person , let him not forsake his proper bishop , and runne to temporall iudgements : but first let the businesse be sifted by the pr per bishop , or at least by the counsell of the same bishop ; they shall receiue iudgement and order from them by whom both parties were content to be iudged . if any shall doe otherwise , he shall be subiect to the canonicall consures . obserue how this councell directeth her speech to the clergie , that they should not leaue their owne bishops , to goe to secular iudges ; but not to temporall magistrates and iudges , that they should not heare clergie men comming to them ; and after the cause debated , should pronounce sentence , & according to the course of law , compell them to performe the iudgement . therefore by this canon there is nothing taken from the authoritie of the laitie . for those words of the canon or decree , sedprius actio ventiletur apud proprium fpiscopum , doe sufficiently shew , that the fathers of the councell doe only require , that all the causes of clergie men bee at the first hand examined by the bishop : secondly , if there bee cause , that they bee carried to the examination of the temporall iudge . for it is not likely or credibl , that that word , primum , was idly and super fluously set downe by so many worthy and wise men : and so that canon doth wholly accord with the nouell constitution of iustinian , . made in fauour of the clergie men : that clergie men should first bee conuented before their owne bishops , and afterwards before ciuill iudges . therefore the ciuill iurisdiction of secular iudges ouer the clergie is not weakened by this canon , but rather confirmed . likewise in the councell of agatha , vnder king alaricke . ann. dom. . the fathers which allembled in the same , decreed can. that no clergie man should presume to molest any man before a secular iudge , if the bishop did not giue him licence . the which canon gratian transferred into his decre●um , not without very foule dealing , both changing the reading , and wresting the sense ; for whereas the councell had said , clericus ne quenquam praesumat , &c. that he hath drawne to his owne opinion , depraued in this manner : clericum nullus praesumat apud s●cularem iudicem episcopo non permittente , pulsare : that is , let no man presume to molest a clergie man before a secular iudge , &c. that the prohibition may include the la●cks also , that they should not conuent a clergy man before a secular iudge ; whereas it is made only for clergie men , without any mention at all of the laitie . besides , the second part of that canon doth manifestly shew , that the councell is thus farre offended with the laickes which draw the clergie before secular iudgements , and propoundeth ecclesiasticall punishments against them , if so bee they shall doe it wrongfully , of a purpose to vex and molest them . for it followeth in the same canon : but if any secular man shall attempt wrongfully to torment and vex the church and clergie men , ( by moouing of sutes before secular iudges ) and shall be conuicted let him be restrained from entrance into the church , and from the communion of the catholikes , vnlesse hee shall worthily repent . but gratian hath corrupted not only the sentence of this councell , but also of the epistle of pope marcellinus , in eadem cau● & quaest can . and for clericus nullum , hath written , clericus nullus : that it is no maruell , that the canonists , who did only reade the gatherings of gratianus , being deceiued by this false reading , haue fallen into this errour , which we now repichend . but it is a maruell that bedarmine in both places should follow the coriupt reading of gratianus , and not rather the true and naturall section of the authors themselues , in his controucisies , lib. . de clericis , cap. . but in the first councell of matiscum , which was held vnder king gu●tramnus . an. dom. . can. . is written in this manner : that no clericke presume , in what place soeuer , to accuse any other brother of the clergie , or draw him to plead his cause before a secular iudge but let all matters of the clergie be determined in the presence either of the proper bishop , or priest , or arch deacon . and in the third councell of toletum , which was celebrated ann dom. . in the raigne of king reccaredus in the . can there is a decree touching clergy men thus : the continuall misgouernment , and accustomed presumption of libertie , hath so farre opened the way to vnlawfull attempts , that clerickes leauing their bishops , doe draw their fellow clerkes to publike iudgements . therefore wee ordaine , that the like presumption be attempted no more . if any shall presume to doe it , let him lose his cause , and be banished from the communion . these are the solemne , and almost the sole decrees of the canons , whereon they ground their errour , who falsely supposed that councels could , or in fact did exempt the clergie from the power of the laitie : whom the canons themselues notwithstanding doe so euidentlie conuince , that wee neede not bring any thing else besides them , for to represse that conceit of theirs . and these matters haue beene thus discoursed by mee , not with that minde and intent , to rippe vp the priuileges of the clergie , or because i either enuie that they enioy them , or wish that they were taken from them . they who know mee , know very well in what account i haue euer had , and haue ecclesiasticall persons . i doe honour the priests of god , as my parents , and esteeme them worthy all honour : but as an humble childe i aduise them , that they be not vnthankfull , nor disdaine their benefactors , from whom they haue receiued so many priuileges . they are bound to reuerence and honour their temporall princes , as their patrons , and protectors , and procurers of their libertie ; and not ( as many of them at this day vse ) to denie that they are beholding to princes for those fauours , but to ascribe all their liberties , and exemptions , and immunities , to pontificiall and canonicall constitutions ; which is the most vnthankfull part which can proceede from vnthankfull mindes . for what temporall libertie soeuer they haue , they haue receiued the same , not from the popes , but from secular princes ; nor from the canons , but from the lawes . chap. xxxiii . i will say more , and i will speake the truth , although peraduenture it purchase me hatred of them to whom all things seeme hatefull , which are neuer so little against their humour and disposition . therefore i will speake , and i will speake a great word , which peraduenture either no man hitherto hath remembred , or if any haue , hee hath not at the least put any in minde as hee ought , whom it concerned to know the same . and that is , that the clergie thorow the whole world , of what order or degree soeuer they be , are not to this day in any manner exempt and freede from the temporall authoritie of secular princes , in whose kingdomes and countries they liue ; but are subiect to them in no other manner then other citizens in all things which belong to ciuill and temporall administration and iurisdiction : and that the same princes haue power of life and death ouer them , as well as ouer their other subiects ; and therefore that the prince ( i speake of him who acknowledgeth no superiour in temporall affaires ) may either of his clemencie forgiue , or punish according to the law , a clergie man , committing any fault whatsoeuer , so the fault bee not meerely ecclesiasticall . this although it seeme hard , and halfe a paradoxe , to them who being possessed with the errour of the contrarie opinion , doe thinke that they liue within the authoritie and iurisdiction of the pope only , and that they are not bound to any constitutions of humane lawes besides : notwithstanding i shall bring to passe in few words , that they may plainly vnderstand , that there is nothing more true then this proposition of mine , so as they be onely willing to open their eares to ●eare the true reason thereof with indifferencie . the truth thereof dependeth of those things which we haue set downe and prooued before , out of the iudgement of the diuines of the best note , and shall presently bee demonstrated by necessary and euident conclusion drawne from thence . first of all therefore , this is set downe , and granted , and also confirmed with most firme reasons and testmonies , that all , both clerickes and laickes , were in the power and authoritie of kings and emperours , so long as the church serued vnder heathen princes . and this is the ground of our demonstration ; with which i will iorne that which hath in like manner beene set down and granted : that is to say , that the law of christ deprsueth no man of his right and interest , because hee came not to breake the law , but to fulfill the law. and therefore after that princes were brought to the faith , it is certaine that all clergie men continued in the same order and ranke , as farre as concerned temporall subiection , wherein they were before , when their princes liued in their infidelitie : because the law of christ depriueth no man of his particular interest , as hath beene said . and in that regard , priuileges and exemptions were granted to the clergie , which they should not haue needed at all , if the clergie had not remained , and that by absolute right , as before , vnder the authoritie and iurisdiction of princes . these things are so cleere and plaine , and so witnessed and proued by so many testimonies and monuments , that it may be thought a needlesse paines , to remember them in this place , or to adde any thing to them . therefore let vs see that which followeth : i meane , let vs see how our former sentence doth grow out of these principles , by a manifest demonstration and necessarie conclusion . it is in no place recorded by any writer , that the princes who haue endowed the clergie with these priuileges and exemptions , did set them so free from themselues , that they should not be further subiect vnto them , nor acknowledge their maiestie , or obey their commandement . reade those things which are written of those priuileges : you shall not finde the least testimonie of so great immunitie amongst them all . they only granted to the clergie , that they should not bee conuented before secular magistrates , but before their proper bishops , and ecclesiasticall iudges . now this is not to exempt the clergie from the authoritie of the princes themselues , or to offer preiudice to their iurisdiction and authority , if they shall please at any time to take knowledge of clergie mens causes , in cases which are not meerely spirituall . nay princes could not , nor at this day cannot grant to the clergie , liuing in their kingdomes , that libertie and immunitie , that they should not bee subiect to them in their temporall authoritie , and when they offend , bee iudged and punished by them , but that they must by the same act renounce and abandon their principalitie and gouernment . for it is a propertie inseparable to princes , to haue power to correct offenders , and lawfully to gouerne all the members of the common-wealth , i meane , all his citizens and subiects , with punishing and rewarding them . and as in a naturall bodie , all the members are subiect to the head , and are gouerned and directed by it , so as it must needs seeme a monstrous bodie , where are seene superfluous members , and such as haue no dependencie of the head : euen so in this politicke bodie , it is very necessarie that all the members should bee subiect to the prince , as to the head , and bee gouerned by him , that is , to receiue reward or punishment from him , according as each of them deserue in the state . but the clerickes ( as the aduersaries confesse ) a besides that they are clerickes , are also citizens , and certaine parts of the ciuill common-wealth : which is true , and in that regard they are reckoned amongst the orders of the kingdome , and obtaine the first place . therefore as citizens , and parts of the ciuill common-wealth , they are subiect to the prince ; neither can they , although the prince would , but be subiect to him in temporalties : and otherwise either were he no prince , or they no citizens . therefore it is a foolish thing to suppose and imagine , that a clergy man , being conuented for any cause whatsoeuer , ( so it be not meerely spirituall ) may auoid the palace of the soueraigne prince , or of him to whom the prince , vpon certaine knowledge , hath specially committed the determination and decision thereof . for in that princes doe verie seldome heare the causes of the clergie , that argueth want not of power , but of disposition . hence is it , i meane out of this temporall authoritie of secular princes ouer the clergie , that in our time charles the v. being emperour , caused hermannus archbishop of colonie to appeare before him , to cleere himselfe of the crimes which the clergie and the vniuersitie said against him : b and that in many places the princes haue reserued to themselues certaine offenses of the clergie to be specially punished , and doe commit the same to the knowledge and iudicature of their officers : as are those crimes which are called priuilegiate in france , as of treason , bearing of armes , counterset money , peace broken , and the like : neither are wee to thinke that heereby any iniurie is done to the clergie , or that the ecclesiasticall libertie is in any manner hindred or diminished . many haue ecclesiasticall libertie in their mouthes , who know not a ●ot what it is . we will in another place declare more plainly what it is , and in what points it consisteth . c seeing these things stand thus , euery man i thinke may see , that all the immunitie of clergie men , as well for their persons , as for their causes and goods , haue proceeded from secular princes : but not , as some imagine , is either due by the law of god , or granted them by the pope , or canons . for that which bellarmine bringeth both for a supplement and a reason , that he might proue how that the pope and councels did simply exempt clerickes from the temporall iurisdiction : viz. d that the imperiall law ought to yeeld to the canon law : that is not generally true , but then only , when the canon law is ordained and exacted of matters meerely spirituall and ecclesiasticke : but the subiection or immunitie of clergie men in ciuill affaires is not a matter meerely spirituall and ecclesiasticall , but rather ciuill and temporall : in which cases the sacred canons doe not disdaine to come after the ciuill lawes . e neither is there any more force in that which he brings in after , that the pope may command the emperour ouer those things which belong to the authoritie of the church . as if hee should say , that the pope may constraine the emperor to set and dismisse the clergie free out of his power , because the libertie of the clergie belongeth to the authoritie of the church . for euen by this we may discerne that this is false , that the church neuer had greater authoritie then shee had then , when all the clergie did in temporall subiection obey christian princes , and officers of princes . neither was this exemption and immunitie granted to the clergy to increase the authoritie of the church , for that was no lesse before , but to set them free from vexation and trouble which often times the rigour and seueritie of secular iudgments did bring . hence arose that question , whether it were lawfull for princes , euery one within his territories , without any iniurie to the church , in some case to reuoke the priuiledge of the exemption of the clergie , from the intermedling of secular iudges , and to reduce the whole businesse to the common law , and to the state wherein it stood at the first ? whereof when i was asked not long since , i answered nothing as then , but that it seemed to mee a strange question , and of a hard deliberation to resolue . for although it haue beene propounded by diuers , yet hath not beene handled by any according to the worth of the subiect . the mouers of this question were moued by the common and vsuall reason of taking priuiledges away , which the pope himselfe , and all princes are accustomed to obserue ; that is , if either they beginne to be hurtfull to the common-wealth , or the cause hath failed , and is gone , for which they were granted at the first , or the priuiledged persons themselues doe abuse them to a wicked and vnlawfull end . and they said indeed that the cause of granting this exemption , doth continue , and is like to continue for euer ; that is to say , the reuerence which all men ought to exhibite to that kind of men ; but that the abuse thereof was so frequent in many places , to the great scandall of the whole ecclesiasticall order , that that benefite may seeme deseruedly to bee taken from them . thus much they . but wee will more largely and plentifully decide this matter in our bookes de corruptione saculi , if god giue mee life and strength . chap. xxxiiii . now therefore i returne to the argument , which is propounded in the beginning of the . chapter : and j answere , that it nothing belongs to the taking away of any temporall goods whatsoeuer , much lesse of a kingdome . for it is as certaine as certaine may be , that excommunication , by which only froward & stubborn christians are separated & excluded from the fellowship of the faithfull , and communion of the church , doth take from no body their inheritance , and temporall goods . vnlesse it proceed from such a cause , which the prince hath by his lawes , especially ordained to be punished with the publication or losse of goods . in which case , not the pope , but the prince , not the excommunication , but the constitution of the ciuil law , doth take goods away from the person excommunicate . the pope surely cannot take any patrimoniall right , no not from a clergy man , though hee bee excommunicated and deposed , or degraded by himselfe . a and indeede the case were very hard of christian people , if so be that a person excommunicate should forfeite his estate of all his lands and goods , by excommunication alone , being once passed against him , either by the law , or by any man , seeing that his goods being once seased into the kings hands , doe scarse euer returne againe to the true owner . and so excommunication , which was appointed for a remedie and a medicine to helpe , should proue a mischieuous disease to ouerthrow . for that the person excommunicate , although hee shall bee restored againe into his former estate of grace , by washing his fault away with due repentance , should neuer or very hardly recouer his goods againe , being once returned into the fiske or exchequer , & peraduenture wasted or giuen away to some body , &c. therefore the censures ecclesiastical , amongst which excommunication is the most grieuous , doe worke vppon the soules , not vpon the goods and estates of the laitie : as on the contrary , the bodies of men , and not their soules are afflicted with temporall punishments . seeing therefore that offenders are punished with the losse of their goods by the auhority , not of the pope , but of the prince : seeing i say , it is not the pope , that taketh temporall goods from any priuate person , by the power of his ecclesiasticall iurisdiction , and by the force and vertue of excommunication , or other censure , although the same bee iust and grieuous ; but the ciuill prince onely , who to pleasure the church , and to prosecute the wrong done vnto her , is accustomed by lawes enacted of himselfe , to ordaine sometime one punishment , sometime an other , at his owne pleasure , vpon the contemners of the church ; how then can it be , that the pope can by his sole pontificiall , and ecclesiasticke authority take away from the prince himselfe , kingdom , principality , iurisdiction , authority , and all dominion ; who hath no iudge ouer him in temporall matters , and is not subiect to any ciuil pains ? is it so sure and certaine , that the pope hath giuen him by the law of god more authority ouer princes , then ouer priuate persons ? or are princes tied to liue in harder tearmes in the world , then priuate persons , so as the church may practise that vpon a prince , which shee cannot doe vpon a priuate man ? but that the truth of this matter may as yet appeare more plainely by an other meane , i demaund of these men , if the pope haue greater authority ouer kings and emperours at this day , then hee had in times past , before that he was aduanced to a temporall honour by the bounty of constantine and other princes ? or that his authority at this present is onely like equal altogether : i mean that which christ conferred vpon peter , & which no mortall man can either straighten or enlarge , and which he shall retaine neuer the lesse , although he should lose all temporall principality and gouernment ? and if he haue greater authority , whence i pray you should he haue it : from god or from men ? surely , neither of both can be affirmed without a manifest vs truth . for will any man euer say , that is in his right wits , that any new authority was giuen of god to the pope ouer christian kings and princes , from the time that he beganne to raigne , and to exercise a ciuill gouernment in certaine places , and to shew himselfe in mens eyes both with a crowne and miter on his head ? or if he should say it , were he able to make it good by any reason or authority ? much lesse hath any such authority accre●ed to him from men , because as it is commonly said , actus agentium non operantur vltra ipsorum voluntatem b . and although christian kings and emperours , who haue and doe submit their neckes in spirituall causes to the vicar of christ , ( such as only professe the orthodoxall faith ) yet none of them all passed into the temporall iurisdiction and authoritie of the pope ; none of them , but reserued to himselfe free and vntouched his secular iurisdiction . but if peraduenture it bee found that any hath done otherwise , the same is to be reckoned as an exception , by which the rule in non exceptis , is more stronglie confirmed . out of this foundation , which is laid vpon most certaine reason , a very good argument may bee framed in this manner : the pope hath no greater authoritie ouer christian princes temporall , then hee had before hee was a temporall prince himselfe . but before he was a ten porall prince , he had no temporall authoritie ouer them any way . ergo , neither hath he now any ouer them . the truth of the proposition is so plaine , that i neede not vnderset it with other arguments : but the aslumption is proued thus : no inferiour and subiect hath authority ouer his superiour and lord , that he may iudge him in that wherein he is subiect . but the pope before he was a temporall prince , was inferiour and subiect to kings and emperours , as concerning temporall matters . ergo , hee had no temporall authority ouer them , that hee might iudge them in temporalties . the proposition also of this svllogisme is out of all question , seeing no man can be iudged but by his superiour : a superiour i meane in that very point , whereof the iudgement is made . for as we haue often said , par in parem non habet imperium . and in nature it cannot be , that one and the same person should be both inferiour & superiour ; in the same kind of authority , in respect of one and the same matter , no more then that the same man should be father and son in respect of one and the same . and the same reason doth bellarmine vse to proue that the pope cannot submit himselfe to the coactiue sentence of councels c . the assumption is confessed by the aduersaries , when as they affirme , and clearely confirme by reasons , that the exception , ( vnlesse you wil say , exemption ) of cleriques in ciuill causes , aswell concerning their persons , as gods , was brought or by the law of man d . for , ( as augustine witnesseth ) humane lawes be the lawes of emperours , because god hath distributed to mankind the humane lawes themselues by the emperours and kings of the world . therefore the clergy haue from emperours and kings whatsoeuer exemption and immunity it is , which now they enioy all the world ouer in ciuil causes , as we shewed in the last chapter before . and that euen of their meere and free bounty ; for they could not bee enforced in any sort by the church , to grant the clergy those priuiledges , seeing it is not found to be expressed & prouided by no law of god. and the law of christ depriueth no man of his proper right & interest , as thēselus confesse , & we haue often signified . and therfore as their owne learning carieth ; bishops ought to be subiect to kings in temporalties , and kings to bishops in spiritualties . by all this discourse it followeth , that clergie men were bound by the common law of other citizens in ciuill and temporall matters , and were alike subiect to the authoritie of secular iudges , as well as the other inhabitants of the cities , before that they were by godly princes endewed with these priuiledges , of exemptions : and many holy popes haue honestly confessed , that in this case there is no difference betweene the bishop of rome or the pope , and other clergie persons . therefore that which might be done , let vs suppose it was done , that is , that the pope being as yet inuested in no temporall principalitie , or priuiledge , doth liue vnder the gouernement of an other prince , as his fellow bishops , and brethren in france , spaine and britanie , and in other kingdomes doe . would it not be euinced by the necessity of the former argument , that he cannot iudge and punish princes in temporalties , to whome hee is temporally subiect ? therefore he hath either purchased a greater authority ouer kinges and emperours , then he had before , through the exemptions and priuiledges granted euen by them ; or else he cannot as yet iudge them in temporalties . but if any bee so fond perhaps to say , that the pope hath alwaies had this authority from the first beginning of the church , viz. to iudge and depose euill princes , but through the iniurie of the times hee hath by accident been hindered , that he could not exercise it : so long as hee was subiect to them touching the temporalties : but now , after that hee hath withdrawne his necke from the temporall yoake of princes , & made himselfe a temporall princes , there is nothing to hinder , but that hee may freely put in vre that iurisdiction . i say if any shall vse this vaine ostentation , i must answere him nothing else , but that the things he speaketh are not onely false , but also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vnpossible : setting those things downe which the aduersaries confesse , and which is most true , that is to say , that the popes before such time , as they were by godly princes clearely exempted from temporal iurisdiction , were subiect to them both de iure and de facto . for it is impossible that at that time they should haue that power ; for that it is not competent , but by right of superiority . now it implieth a contradiction , that the pope was by right superiour , and by right inferiour , at the same time , & in the same kind of authority , in respect of one and the same ; and the naturall order of things doth not permit that the inferiour , or subiect should commaund his superiour and ruler . seeing therefore it is both absurd and impious to imagine that our sauiour christ , qui non venit soluere legem sed adimplere ; should constitute and appoint any thing against the law of nature , and the most holy rule of life , they must needes bee in a great error , who affirme that this soueraigne authority , wherof we speake , was by christ conferred on peter , and in his persō on the rest of the bishops who succeeded him , when as they bring nothing to proue the same but certaine farre fetched reasons , and full weake , patched vp together ; of similitudes , comparisons , allegories , and such like stuffe , as you may see by that which wee haue refuted . all which are to be reiected and little esteemed , when as by the position and granting of them , some absurditie doth follow , as in this point , or when as more probable and strong reasons grounded vpon the authority of scriptures and fathers do maintain the contrary opinion . the last argument of bellarmine is behinde , in the refutation whereof we shall not neede to take much paines . the third argument ( saith he ) is this : a shepheard may and ought so to feede his sheepe , as is conuenient for them . ergo , the pope may , and ought , command christians those things , and inforce them to these things , to which euery one of them in his condition is bound : that is , constraine euery one to serue god in that manner , wherein they ought according to their state and condition . but kings ought to serue god by defending of the church , and by punishing heretickes and schismatickes . therefore he may and ought to command kings that they doe it , and vnlesse they doe it , to enforce them by excommunication , and other conuenient meanes . surely i see not what is contained in this argument , which either confirmes or infirmes the temporall authoritie of the pope . for the beginning thereof is necessarilie to be vnderstood of spirituall foode . now the popes reuenewes , although they be great , would not suffice to feede all sheepe with corporall pasture ; and so the end also and conclusion must be vnderstood of spitituall coercion and compulsion : for hee saith , to enforce by excommunication , and other conuenient meanes , ( meaning ) ecclesiasticall for the pope is an ecclesiasticke , not a temporall shepheard , but only so farre as at this day hee hath temporall rule in certaine places . therefore wee grant the whole argument and freely confesse and professe , that the pope by his spirituall authoritie may command all princes , and enioine them to doe those things which appertaine to their safetie and theirs ; and vnlesse they doe it , also to enforce by excommunication , and other conuenient meanes . but the conuenient meanes are all spirituall meanes , and not temporall , vnlesse they bee practised by a temporall magistrate . the which point iohn driedo obseruing in his bookes of christian libertie , after that he had declared that these two authorities and iurisdictions were by the law of god distinct in the church , and that all secular authoritie in spirituall matters was subiect to the popes authoritie , so as the pope , in regard of his pastorall charge , hath authoritie ouer a christian emperour , euen as a spirituall father ouer a sonne , and as a shepheard ouer his sheepe ; that he may iudge and correct him , if he should fall into heresie , or denie publike iustice to the poore and oppressed , or should enact lawes to the preiudice of the christian faith . ( all which things we also affirme ) he setteth downe no other paine or punishment against emperours so offending , but excommunication alone , because he knew that the popes authoritie and iurisdiction was content with spirituall punishments , and could goe no further , vnlesse shee would runne out in the borders of temporall authoritie , and inuade a forraine iurisdiction , which by the law of god is distinct and separate from his . now this is no conuenient meane , which the aduersaries vse , of deposing ill princes from their gouernment ; but rather of all other meanes inconuenient : both for that it hath scarce euer succeeded happily to the popes themselues , or the church , but is accustomed to bring into the church and christian common wealth , infinite calamities , by intestine discords , schismes , and ciuill warres : as also , because in respect of the pope , to whom spirituall matters onely are committed , such a meane must needes seeme very strange , and to proceede from an vsurped authoritie . and therefore it is to be iudged i neither conuenient , nor iust , nor possible . hitherto haue i weighed in the ballance of naked and open truth , according to the slendernesse of my wit , all the reasons , and from those reasons the arguments , whereby bellarmine endeuoureth to prooue that the pope hath supreme authority ouer secular princes , indirecte , indirectly . chap. xxxv . i thought in the beginning , when i began this worke , that it was sufficient , diligently to examine and discusse the reasons which this learned man bellarmine doth vse ; but for that he sends vs to other matters , which he saith are extant in nicolas sanders , saving , see more in nicolas sanders . lib. . cap . de visibili monarchia , where you shall finde many of those things which i have deliuered ; i thinke i shall not doe amisse , if i shall bring into light those arguments of sanders which are behinde , lest the curious and obseruant of our writings , should complaine , that any reason of the contrarie side hath beene omitted ; and also should imagine , that it is of purpose omitted , because it is so strong , that it cannot bee answered . all the world doth know , especially they who haue with any care and attention perused sanders his bookes , that he spared no paines , and aboue all other men gathered together most arguments to prooue that the pope was inuested in this temporall authority ouer all christians , whereof wee speake . but yet it is very likely , that that man was so farre blinded , either with a bitter hatred which hee bare against queene elizabeth , being banished out of her kingdome ; or with too great affection towards pope pius v. to whom he was many waies bound ; or else with some other , j know not what smoke of humour and passion , that he did not see , how that for certaine and sound arguments , he vsed many shewes , which were not onely false and farre fetched , but euen dissenting from common sense , and the iudgement of naturall reason . therefore will i transcribe into this place , very compendiously , the rest of his arguments , which as i thinke were of purpose omitted by bellarmine . argument . therefore hee deduceth one from this , that sauls kingdome was taken from him , for that hee had not obserued the commandements of the lord , which were deliuered him by the ministerie of samuel ; from whence hee collecteth thus : therefore seeing after the holy ghost sent from heauen , the spirituall authoritie cannot bee lesse now in the church of christ , then it was before in the synagogue ; wee must also now confesse , that the king who hath despised to heare the lord speaking by the mouth of the pope , may bee so depriued of the right of his kingdome , as that another in the meane time may be anointed by the same pope , and that from that day hee is truly king , whom the pope hath rightly anointed , or otherwise consecrated , and not he who being armed with troupes of seruants doth vsurpe the kingdome . argument . another also from the same party : that ahias the silonite , when salomon was yet liuing , foretold , that ieroboam should be ruler of twelue tribes : a whereof , saith he , it is conceiued , that either a whole kingdome , or some part , may bee taken away by the spirituall authoritie of the church . for what power was once in the priests and prophets , the same is now in the pastors and doctors of the church , whose dutie it is so to tender the health of soules , that they suffer not , by the disobedience and tyrannie of a wicked king , people of an infinite multitude to be forced and haled to schisme and heresie . argument . the third from this , that elias anointed asael king ouer syria , and iehu king ouer israel , and anointed eliseus to be a prophet for himselfe , that he that escaped the hands of asael , him should iehu kill ; and him that had escaped the hands of iehu , should eliseus kill . by which figure , saith hee , what other thing was signified , then that many magistrates were for this end raised and set vp in the church of god , that what was not executed by one of them , might bee executed by the other : of which powers , the last and most principall was in the prophets , that is , in the pastors and doctors of the church of god ? for as the sword of eliseus was reckoned in the last place , which none could auoid , although hee had escaped the sword of asael and iehu : so the censure of the spirituall power can by no meanes be shunned , although a man escape the sword of the secular power . for the spirituall power doth not vse a corporall or visible sword , which may bee hindred by certaine meanes , but vseth the sword of the spirit , which passeth thorow all places , and pierceth euen to the very soule of him whom it striketh . to these hee knitteth afterward for an other argument the story of elias , wery much enterlaced with diuers obseruations and allegories , deuised by himselfe , to shew that the materiall sword doth obey the spirituall ; and that not onely the pope , but euen other pastors of the church , haue authority as well ouer body and goods , as ouer the soules of all christians ; which no sober man before him did euer so much as dreame of . but with what vnhandsomnesse , and incongruence hee deduceth this out of the reasons laid before by him , i will say open in the next chapter . but he applieth to his purpose the argument taken from the person of elias , and his actions in this manner . elias by the sword of the spiri●e , that is to say , by his praiers commaunded the fire to fall from heauen , and to destroy those fifty , who despising the authority of the prophets , said vnto him in the name of an earthly power ; man of god , the king hath commaunded thee to descend , c &c. and in respect of the earthly power contemned that spirituall power , which elias was indued with all . and in scorne saluted him , homo dei , man of god : and in this manner hee goeth forward thus . could no● elias at whose call fire deseended from heauen , and deuoured the fifty men , say to some prince and magistrate if he had been present : sir , because these souldiers doe contemne me , and in me god , whose prophet i am , runne vpon them , and kill them ? or could not an earthly sword haue executed the same office , which the fire from heauen did performe ? if fire , qu●th he , be the more noble element , then the earth , yea , or then the mettals which are digged out of the earth , i see not but that he who called fire from heauen , to satisfie his commaundement , might not much more haue bidden the magistrate , who beareth the sword to draw out his sword for him against any king in the world whatsoeuer for which opinion of his , this firmament or strength onely is set down by him : that it skils not much amongst wise men , what is done by those things which are alike in moment and waight . i will not heere adde the fourth & fifth argument , which he vseth out of the sacred histories , touching ozia , d and athalia , e because bellarmine hath referred thē among the examples whereon wee must deale in their place . but these are those paraleipomena , to which bellarmine doth remit vs , and which it is no wonder that he ( who is both a subtill and sharpe disputer , and a vehement oratour ) did onely lightly report , but did not transferre into his owne worke : seeing they doe abound with so many and notorious faults , that a man would thinke they were written not by a diuine , and a man exercised in the scriptures , but by some prophane smatterer , abusing intemperately diuinity and the scriptures : so very little is there in those things , which he assumeth in them for argument , which is consonant and agreeing with the subiect in question . chap. xxxvi . first then , sanders is mistaken , and is very farre wide in this , that he imagineth that the synagogue had any stroke in the abdication of saul . for it is most manifest , that the whole businesse was commanded , denounced , and in the issue accomplished and executed by the extraordinarie iudgement and commandement of god , from whom is all raigne and power , without any ordinarie iurisdiction of the priests , or of the synagogue : whereby it is cleere , that the comparison of the church of christ & the synagogue , or of samuel and the pope , is very impertinently and ignorantly made by him in this point . for although we confesse that which is the truth , that the spirituall power of the church of christ is no lesse , yea that it is faire more , then of the synagogue : yet therfore , i meane out of the comparison of the power & authoritie of each church , it doth not follow , that the pope may depriue a king neglecting or contemning the commandements of god , of the right of his kingdome , & instal another in his place , because the synagogue was neuer endued with that power . for it is no where read in the old testament , that the synagogue of the iewes , or the h●●● priest thereof for the time , did abrogate the kingdome from any lawfull king of israel of iudaea , being neuer so wicke● , distnate , and ciuell ; or depriued him of the ●ight o● the kingdome , as hee saith , and substituted another in his place . whence it falles out , that no argument from thence , nor no example may bee drawne in the new law. i let passe , that samuel , although he were a great prophet , yet hee was not the chiefe priest , nay not a priest at all , but onely a leuite , a who therefore could doe nothing against saul by an ordinarie power of spirituall iurisdiction , much lesse by the authoritie of a secular iudgement , because he had publikely laid that downe before , when the people demanded a king. therefore samuel in the execution of this businesse , did onely performe a bare ministerie , almost against his will , and striuing both with praiers and teares against the same : and hauing receiued a speciall charge , he discharged an extraordinarie embassie , being sent from the lord as the messenger of his diuine iudgement . and that appeareth by this , that when he came to the king , he said , giue me leaue , and i will tell thee what the lord hath spoken to me by night . therefore he may forbeare this argument , which is to small purpose drawne from the extraordinarie ministery of samuel and the reiection of saul , in regard that the ordinarie authoritie of the christian church or pope , hath no comparison or proportion , no conueniencie or similitude with the same . god presently reiected saul , and tooke the kingdome from his posteritie : but he suffered other kings , who seemed to be much more wicked then saul , to raigne ouer his people , and to conuey the kingdome to their children . so hath it seemed good in his eies . god the lord of reuenge hath done freely , b and he hath done all whatsoeuer he would : c neither is any other reason to belong it . he hath mercie on whom he will haue mercie , and whom he will be hardneth neither may any man say vnto him , d why hast thou made me thus ? must we beleeue the same of the church , or of the pope ? they haueth it certaine limits and bounds , which they cannot passe . the church is gouerned or ought to be gouerned by lawes saith ioh de 〈…〉 . e and therefore it is not permitted neither to the church , nor to the ruler thereof the pope , by an absolute libertie , and after the maner of god to determine of all kingdomes and businesses , and to dispose of all things at their pleasure . that onely is lawfull for them , which is comprehended in the holy writings or traditions of the apostles , teaching their authoritie . which seeing it is so , there is none that hath any skill in reasoning , but may plainly see , that the argument deriued from those things which samuel did , can by no meanes be concluded to establish the popes authoritie : vnlesse it be deduced either from the ordinarie power of the synagogue ( wherein notwithstanding samuel was not the chiefe ) to the ordinarie authoritie of the christian church , or from the extraordinarie ministerie of samuel , to the extraordinarie ministerie likewise of the pope : whereof the former , from the synagogue to the church , although it may be rightly concluded in forme as they say , yet it commeth short for the purpose , because it offendeth in matter ; because the synagogue hath neuer had any temporall power ouer kings . and the latter is not of force , but in that case , that the same may befall to the pope now , which befell to samuel in those times : viz. that as the lord spake to samuel touching saul , so he should speake to the pope by name , about the abdication of some certaine king , and of substituting an other in his place . for in this case it cannot bee denied , but that the authoritie of the pope is equall to samuels , and his ministerie alike in executing the commandement of god. but if not , i meane if the lord hath not expresly spoken to the pope in his eare , i pray you how can it be , that when he desires by his owne proper authoritie to thrust any king out of his throne , that he should maintaine , that hee doth it by the example of samuel , whom god did delegate by a speciall charge , and an extraordinarie mission , to signifie his decree touching the abdication of saul ? samuel knew certainely , that god had reiected saul and all his race , that they should not raigne ; for the lord told him so much . but the pope knowes not , whether god haue reiected that prince whom he desires to depose , vnlesse god hath specially reuealed it to him . seeing there is nothing more certaine by the scriptures , then that god doth for diuers causes tolerate wicked kings , and contemners of his word , and doth cause them to raigne for the time , f whom when it pleaseth him , he either conuerteth to him , or euerteth and ouerthroweth . and it happeneth often , that they whom the pope , who iudgeth according to outward appearance , pronounceth vnworthie to raigne by their present conditions and state of life , those the lord , to whom all things are present , declareth to be most worthie to raigne , their mindes being conuerted to holinesse and grace : whereof not ●ong agone we haue seen a memorable example now in our age . for who knoweth not ( i speake it to the honour and glorie of this great king ) that henry the iv. who now most happily gouerneth the sterne of the kingdome of france , and i pray god he may gouerne long , was not onely excommunicate by gregorie and sixtus popes , but also was so reiected , and abandoned , and depriued of all right of kingdome , that by their censures they declared him vncapable of any kingdome or gouernment whatsoeuer ; whose iudgement the lord indeed did laugh to scorne , and demonstrated that the king , which was reproued by them , was most worthie of a worthie kingdome . seeing then these things stand thus , and are altered and changed at the pleasure of god , how can the pope know and vnderstand the pleasure and will of god , vnlesse like vnto samuel he be aduertised before ? therefore that which sanders saith , that king who shall refuse to heare the lord speaking by the mouth of the pope , &c. is true in the case wherein the pope is supposed to excute those things which the lord shall command him by speciall reuelation . for otherwise what shall we say ? philip the faire , did he therefore disdaine to heare the lord speaking by the mouth of the pope , because he would not heare boniface , swelling with a most proud ambition ? that it should bee thought that he might bee by boniface depriued of the right of his crowne , and an other to bee substituted in his place ? what say you to lewes the xii because he would not heare iulius the ii. being complete armed , and playing the souldier rather then the pope ? did hee seeme to haue contemned god , speaking by the mouth of the pope , so farre , is both he and his fauoure●s should deserue to be condemned and turned out of their kingdomes , at the pleasure of man , that boiled inwardlie with a priuate hatred against him ? to belieue such matters , good lord , should i tearme it ignorance , or madnesse ? but this is enough touching the first argument of sanders propounded by vs. his second argument , ( to confesse plainely the weaknesse of my witte ) i doe not well vnderstand to what purpose it aimeth . for that it may haue some strength and force to proue the point which is in hand , and to bee consequent and agreable to that which is concluded , we must of force admit two most false suppositions as true and necessary . whereof one is , that they who either did foretell any thing that should come to passe by reuelation from god , or by his commaundement , willed any thing to bee done , might by their own right , i meane , by their proper authority , and ordinary vertue of then office , without any speciall reuelation , or commaundement from god , commaunde the same , whatsoeuer it was to be done , or otherwise might execute and discharge the same by themselues . as though ahias the silonite , whome god had sent to ieroboam with a speciall charge , that hee should tell him , that he will giue him ten tribes out of the kingdome of salomon , in these words , thus saith the lord the god of israel : behold i will rent the kingdome out of the hand of salomon , and will giue theeten tribes . as though , i say , ahias without any such expresse commaundement of god , & without any speciall reuelation , might haue called ieroboam or any other into salomons kingdome , or into part thereof . then which nothing can bee said more falsly , or foolishly . and the other supposition is , that all priests and prophets of the old law , had authority to bestow & to take away kingdoms , so farre forth as they thought it expedient for the safety of the people , which also is most false , neither is there to bee found in all the scriptures any example , or steppe , or taken of the same . seeing then the whole force of this second argument is so grounded on these two false suppositions , that it cannot bee rightly concluded , except they be granted , & that it is euident enough , that there is no firme consequence , ápotestate delegatia principe , ad potestatem ordi 〈◊〉 , that is , from the authority of a committee from a prince , to the authority of an ordinary officer , who doth not see by his owne iudgement , without much logicke , that all this busines which he hath drawn from the prediction of ahias , is as farre as may be from that which he hath vndertaken to proue ? the third argument also is euen of the same stuffe ; for what relation hath the extraordinary mission of elias , for the speciall execution of certaine busines to the ordinary office of the pope ? or what coherence and connexion of these two propositions can there be ? elias , at the lords commaundement by name ; ( for that sanders omitted , which notwithstanding could not be omitted without blame , ) annointed asael king ouer syria , and iehu king ouer israel , and eliseus a prophet for him : ergo the pope may take away and giue kingdoms and principalities as hee shall thinke good ? for these cannot be ioined together , vnlesse this medium bee set downe and granted ; that the pope may doe as much by the authority of his ordinary iurisdiction , without the expresse commaundement of god , as the prophets could when the lord commaunded specially and expresly , which cannot bee said without great iniury to god. but as touching the sword of elizeus , whereof hee speaketh : first , hee doth with much learning and piety discourse of the same . that it may bee vnderstood of the same . that it may be vnderstood of the spiritual sword , which is in the church , & in the hād of the pope , whome no man whatsoeuer hee be , either king or emperour can auoide : and which is placed by the lord in the last place ; both for that it is ineuitable , and therfore the more to bee feared then the other ; as also for that the bodies onely are killed by them , but the soules by this . but afterwards , when hee proceedes after his manner , and by interpretation transferreth that place of scripture , and an other of the reuenge of elias vpon the two companies of . & their souldiers , to the temporall authority of the pope , he slideth into that shamefull errour which wee noted afore , which is , that prophets without speciall commission , or diuine reuelation , might by their owne authority and pleasure chastise euen with capitall punishments all those whome god had decreed by a secret dispensation to take reuenge vpon either by miracle , or otherwise , either to manifest the glory of his maiesty , or to vindicate the iniuries of his seruants ; and that which god had commaunded to be done onely by one meane , that they may execute by other waies , and meanes as please them ; that hereby he may proue as by a necessary consequēce , that the pope ( whose authority is no lesse , yea greater in the new law then was the authority of the prophets and priests in the old ) may doe full as much by his apostolicke authority . but who doth not know , that god hath granted many things to the praiers of his seruants , and for their takes hath wrought many thinges wonderfully , euen without their prayers , which it was not lawfull for them by any way or meane to attempt , much lesse to execute , if hee did not commaund it first ? the reason whereof is plaine and euident in the persons of the prophets . for it is cleare amongst all men , that none of the pro phets had any authority and gouernment ouer the hebrewes , besides a very few , who were both prophets and princes of the people and iudges together , as moses , iosue , samuel , dauid . but the rest , although they were inspired from god , yet they liued priuately without any temporall gouernment , declaring and executing those things onely , whereof they were aduertised by the spirite of god ; and all their prescience and fore knowledge was so tempered and moderated from heauen , that they might know and foretell neither all things , for at all times , but so farre as was imparted vnto them by the spirite of god ; whereof the prophet iadon is a witnesse , who being deceiued by the false prophet , affirming that the angell of the lord had spoken with him , did not vnderstand that hee lied , and thereby was cra●t●ly abused and brought to destruction g , eliseus also is witnesse , who when the poore sunamite lay at his feet , said to giezi that desired to remoue her , h lether alone , for her soule is in bitternesse , and the lord bath bidit from me , and hath not told me . therefore , whereas sanders asketh , whether elias could not say to some principall man or magistrate , if hee had beene present ; runne vpon these souldiers and kill them ? and if so bee that prince bad offended , if vpon elias his word , he had slaine the kings subiects ; that cannot be resolued but by the tenor of gods pleasure known in euery businesse . and therefore as concerning elias in this case ; if god did giue him commission to punish such offenders , either specially by the sword , or generally by any meane whatsoeuer : no man doubts , but that hee might without sinne commit to any man the authority and execution of the sword , and any man without offence might vndertake to execute that commaundement . but if , as it is likely , the lord had only reuealed so much to him , that he would destroy with fire from heauen those wicked desiders and scoffers : he was onely to expect that , and to practise nothing else against them , after the guise and fashion of men , or giue order at his pleasure to execute any ciuill punishments vpon them , which he might not doe without impietie , because he had receiued neither from god nor man any ordinarie , nor warranted & delegated iurisdiction to do it . and for that cause he had sinned grieuously , if he had willed or perswaded any prince or magistrate any such thing ; and these also had sinned , if vndertaking his commaundement , they had slaine the kings subiects i . nothing can be propounded more certainely and plainly then this distinction , that it is a wonder , that so absurd an opinion should fall from sanders , as to thinke that elias might simply , and without the expresse commaundement of god , execute death vpon the kinges souldiers , in what manner hee listed . now the reasons he vseth for the strengthning of this opinion of his , are friuolous , and vtterly vnworthy to bee brought by a man of a sharpe iudgement , especially a diuine for the dicision of such a question . that seruice , which the sire from heauen did , saith he , could not the earthly sword haue performed the same ? yes surely could it , and not onely a sword , but also any other weapon , if it had beene vsed by gods commaundement ; neither did any euer doubt of that . but because the lord prepared that reuenge by fire onely against the fifty , and acquainted the prophet in the spirit with his purpose k ; elias neither ought nor could take his reuenge by any other instrument or meane , vnlesse the same had likewise beene declared to him by the same spirit , because in matters not reuealed he was neither ordinary or extraordinary iudge . moreouer , if that which the lawes of men doe ordaine and enact : when any man is condemned to be punished with the sword , hee ought to bee punished with the sword , not with an axe or bill , or club , or halter , or by any other way l , who is so auerse from truth , and from all reason to belieue , that one certaine and particular manner of execunon , being prescribed by the lord , may be changed by man into an other forme and kind of punishment ? for as in all businesses m the ends of the commaundement are to be kept diligently , so chiefly in the diuine commaundements , n god hath charged that his commaundements be kept euerely . hereby it appeares , that it is very sleight and slender which he laieth downe for a strength of his conceit , that with wise men it maketh no matter , what is made of those things which are of the same momient and weight . and herein his errour is double : o●e because he draweth that maxime of his to vniuersallie and generallie , to all those things which are made by nature , or art , or hand : whereas notwithstanding , as touching humane actions it is certaine , that that sentence hath place onely in those things , which men doe of their owne accord , or vpon a commission receiued with free liberty of execution : as for example , that he is called a murderer , who by villany hath beene the cause of any mans death by any meane or instrument , because in such a crime it skilleth not what is made by those things , quae eiusdem ponderis & momenti sunt . but in the case wherein any thing is commended strictly , and by name to any mans trust to be performed in a certaine manner , and after a certaine forme , the lawes doe not allow the committee to execute the same any other way , as appeareth plainely , by the place which i related aboue , and infinite others of the ciuill and pontificiall law . his other errour is , that he thinketh there is no ods nor difference , if wicked men be strooken with a diuine thunderbolt from god , or with force of weapons by the power of men : because he saith , that they haue both one weight ; for although there be one effect of all extreme punishments , that is , the death and destruction of the condemned , yet there is much consideration to bee had , by what manner and meane the same is executed vpon the guilty , because there bee degrees as of crimes , so of paines : and hereby it commeth to passe , that by the kind of the vltion , and griceousnesse or lightnes of the punishment , we iudge of the hainousnesse of the offence , by the proportion and resemblance of the punishment with the fault o . for the distribution of punishments and rewards doth require a geometricall proportion . the poet saith pretily p . — adsit regula . peccatis quae poenas ●roget ae quas : nescutica dignum horribili sectere fligello . but where greater punishments doe follow , let him bee corrected with greater punishment q excellently saith s. augustine r . as al other things : who doubteth , but that this is the more hainous offence which is punished more seuerely ? therefore doth he verie vndiscreetelie determine that all punishments being taken by sword , by fire , by famine , and by other means , are of the same waight and heauines , that he might conclude , that the prophet had discharged his dutie , if hee had procured to haue them flame with the earthly sword , whome the lord said he would strike with a thunderbolt from heauen . who doth not know that the anger and reuenge of almighty god doth shine much more brightlie in punishments , not which are inflicted after the ordinary manner of men , but are sent strangelie & miraculously from heauen ? or who can weigh matters so vneuenly in his iudgement , as to say , that they perished by punishments , equall for grieuousnesse , who being swallowed vp by the gaping earth , descended aliue into hell , as well as those who are taken away by the ordinarie or extraordinarie punishments of mans lawes ? and hitherto i thinke i haue said enough of these reasons of sanders which were omitted by bellarmine , not without cause now let vs returne out of this by-path to bellarmine againe . chap. xxxvii . hitherto haue i bent the sharpenesse of my best vnderstanding , to enquire with diligence into all the reasons , which bellarmine or sanders haue touching the temporall authoritie of the pope . therefore now it remaineth that with the like care and indeauour i conuert my mind and hand to examine the examples propounded by bellarmine , which truely is but a poore and a weake kind of proofe . for he pretends that his opinion is proued two manner of wayes , by reasons and by examples ; i could haue wished with all my heart that hee had brought forth stronger reasons : the affection which i beare to the sea apostolique , doth so affect and possesse me , that i doe very earnestly desire that all the authority which this author doth attribute vnto her , may bee also allowed by the best right that can be . but wee haue heard his reasons already , now let vs heare his examples . the first is , saith he , . paralip . . where we read that ozia the king when hee vsurped the priests office , was by the high priest cast out of the temple and being stroke by god with a leprosie for the same offence , was forced to goe out of the city , and to leaue his kingdome to his sonne . for it is plaine , that hee was put out of the city and gouernement of the kingdome , not of his owne accord , but by the sentence of the priest. for we reade in the . of leuit. whosoeuer saith the law , shall bee desiled with the leprosie and is separated by the iudgement of the priest , hee shall dwell alone without the campe. seeing then this was a law in israel . & withall wee read , paralip . . that the king dwelled without the city in a solitary house , and that his sonne did iudge within the city the people of the land ; we are constrained to say , that he was separated by the iudgement of the priest , and consequently depriued of the authority of raigning . if therefore a priest could in times past iudge a king for a corporall leprosie , and depriue him of his kingdome ; why may not he doe it now for a spirituall leprosie , that is , for heresie , which was figured by the leprosie , as augustine teach●th , in quaest . euangel lib. . quaest . . especially seeing . cor. . paul doth say , that all happened to the iewes in figures ? thus he . i haue often wondred , and yet cannot leaue wondring , that men famous for the opinion of learning , should commit their thoughts to writing in so sleight and homelie a fashion , that a man would thinke they had not read the authors which they commend , or haue not fully vnderstood those they haue read , or that of set purpose they would corrupt their meaning ; which fault is very common in our age : wherein most of the writers following the credit of other men , doe draw the testimonies and authorities of their assertions , not from the fountaines themselues , but from the riuers and pipes , being corruptly deriued by the negligence and fault of other men ; so as looke what the first haue either malitiously or negligently detorted and wrested to another sense , that others trusting to their search and iudgement , doe transcribe into their bookes , for certaine and vndoubted testimonies . which although it be very seldome found in bellarmine , being a faithfull and a cleere author , yet it cannot be denied , but that hee following vnaduisedly sanders and others , hath not erred a little in the three chapters of the affirming the popes temporall authoritie , especially in propounding the former example , and this following . i prooued long agoe , in my bookes contra monarchomachos , that it was most false , that ozia was depriued of the authoritie of his gouernment by the iudgement of the priest. for in very truth , there is nothing more expresly deliuered in the whole historie of the kings , then that ●zias , from the sixteenth yeere of his age , wherein hee beganne his raigne , remained king continually vnto the . yeere , which was the end of his life ; and that hee was not any time depriued of the authoritie of his gouernement . indeed it is true , hee dwelt apart in a house by it selfe ; and therefore , by reason of his sicknesse , hee could not execute those duties of a king , which consist in action : but that tooke not from him his interest in his kingdome , nor authoritie of gouernment . otherwise wee must denie , that children being inaugurated and crowned , as in time , past● ioas , and iosias , and men of sawfull age , are any kings , if once they fall into any grieuous disease of minde or bodie ; seeing they are hindred by their youth these by their sicknesse , from the procuration and gouernment of the kingdome , which consisteth in action . for the scripture saith , in the . yeere of ieroboam king of israel , raigned azarias ( who was called both ozias and ●acharias ) the sonne of amasias king of iuda : he was sixteene yeeres of age when hee began to raigne , and raigned . yeeres in ierusalem . and againe in the same chapter : in the yeere of azariah king of iuda raigned pha●ee the sonne of romelias ouer israel in samaria . and iosephus 〈◊〉 that this izariah or oziah died in the yeer● of his age , and the . of his raigne . ' if therefore ozias began to raigne being . yeeres of age , and raigned . yeeres as the scripture witnesseth , and died in the . yeere , what space , i pray you , in his life can be ●ound , wherein he was iudged and depriued of his right in his kingdome ? in the meane time his sonne was curator or regent to him , as they are wont to haue , ● qui in ea causasunt , vt superesse rebus suis non possint . for it is added in that storie ; ioatham the sonne of the king gouerned the palace , and ruled the house of the king , and iudged the people of the land. marke , i pray you , that ioatham is called the sonne of the king , in the life and sicknesse of his father , and gouernour of the palace , and ruler of the house of the king. now hee iudged the people , because iudgements could not come to the king , through the force of his disease , and the separation by the prescript of the law of god : as lyranus teacheth in that place . to be short , the scripture saith : and ozias slept with his fathers , and they buried him in the field of the kings sepulchers , because he was leprous ; and ioatham his sonne raigned in his stead . marke againe , that ioatham beginneth not to raigne , but after the death of his father . therefore although it bee true , that ozias , by reason of his leprosie , was separate by the iudgement of the priest , because it was expresly prouided by the law of god : yet it is not true , that hee was depriued of the authoritie of raigning or enforced to renounce his kingdome to his sonne , as these men falsely doe auerre . the authority of raigning , and the administration of a kingdome , doe differ very much , and no lesse then in the ciuill law , proprietie and possession . the authoritie is alwaies in the person of the king , and is ioined with the right of the crowne : but the gouernment and procuration , or administration , may fall into other mens hands ; so as one may be king , and another the gouernour . whence they who in the minoritie or diseases of kings , doe beare the highest place of gouernment in the kingdome , are honoured with the title of gouernour , regent , tutor , protector , or some such like ; and they propound nor handle any publike affaire in their owne name , but in the name and authoritie of the king , being either infant , or sicklie . therefore this example of ozias is so farre from helping anything to this temporall authoritie of the pope ouer kings , as it maketh very much for to impugne and ouerthrow the same . for if ( as he reporteth out of the apostle , and wee confesse ) that all things befell to the iewes in figures , and if the corporall leprosie , for which a man was separated from the multitude of the children of israel , and dwelt alone without the campe , was a figure of the spirituall leprosie , that is , of heresie , by augustine his testimonie ; to bee short , if the priesthood of aaroa was a figure of the priesthood of the new law ; out of these figures two arguments are appositely drawne to this question : whereof the former doth notably confirme the spirituall authority of the pope ouer christian kings and princes ; the other prooueth , that this temporall authoritie of his , whereof we speake , is altogether commentitious , and forged , vsurped , and contrarie to the law of god. the former argument is framed thus : as the priests in times past banished out of the temple king ozias , being strucke with the leprosie , that he might dwell without the citie ; so at this day the pope may iudge , and by excommunication separate from the communion of the faithfull , a king infected with heresie , which is a spirituall leprosie , and so constraine him to dwell without the citie , that is , without the church catholike , vntill hee be cleansed from his leprosie , that is , vntill hee haue absured his heresie . but if such a leprosie sticke by him till death , hee is not to bee buried in the sepulchers of the kings , that is , in the church , but in the field , because hee is leprous , that is to say , an hereticke . now that i said , that the pope might separate an hereticke king by excommunication from the communion of the faithful , it must bee vnderstood of the spirituall separation of soules , and not of bodies . for subiects ought not to denie their obedience to an excommunicate king. the second argument may rightly bee concluded in this forme : as the iudgement of the priest of a corporall leprosie , in the old law , wrought nothing but the separation of the leprous , and relegation without the campe or citie ; and as the iudgement of the priest touching the leprosie of azaria or ozia , could not take from him the right of his kingdome , but onely imposed on him a necessitie to dwell by himselfe without the citie , ( for in that he did not actually , as they say , gouerne the kingdome , that fell out , not through the sentence of the priest , who iudged of the leprosie , but the force of the continuall disease of his bodie ) so also at this day the censure and sentence of the pope , whereby hee iudgeth and declareth a king to bee an hereticke , although it cause a king to remaine without the citie of god , that is , without the catholike church , as hath beene said ; yet it cannot take from him the right and authority to raigne : and so the figure doth very fitly conuene with the figured . for in these figures of the old testament , the image of the authoritie of the pope ouer kings is not onely drawne in lineaments , but fully expressed to the life ; that if any fit argument may be drawne from the shadow to the body , from the figure to the figured , none can more euidently or assuredly bee fitted then these , from the constitution of the old law , to the obseruation of the new . but if the aduersaries out of all the figures of the old law , can shape any one like to this for the strengthening of their opinion , they shall haue my voice for the bell : surely they shall neuer finde mee against them . therefore now let vs see the second example . chap. xxxviii . the second , saith he , is out of . paralip . . whereas when athalia had ●yrannously vsurped the kingdome , and maintained the worship of baal , ioiada the high priest called the centurions and the souldiers , and commanded them to kill athalia , and in her place did chuse ioas king. now that the high priest did not counsell , but command , it appeareth by those words , reg. . and the centurions did according to all which ioiada the priest commanded them : also by these words , . paralip . . but ioiada the oigh priest going out to the centurions and captaines of the army , said vnto them , bring her out , meaning athalia the queene , without the doores of the temple , and let her be slaine without by the sword . and that the cause of this deposition and execution of athalia , was not only her tyrannie , but also , for that she maintained the worship of baal , is plaine out of those words which follow immediately after her death : therefore , saith the scripture , all the people went into the house of baal , and destroied it , and brake down the altars and images thereof . they slew also mathan the priest of baal . surely i doe not know what mooued bellarmine to thrust vpon vs this example , so remote and farre off from the matter and controuersie : vnlesse because hee had obserued that it was propounded by others before him , fearing peraduenture , lest if he had omitted it , hee should be accused by some emulous aduersaries , of negligence and preuarication to pope sixtus v. who being beyond all measure imperious and haughty , and not greatly fauouring the societie of the iesuites , determined to reduce that whole order to a straighter rule and habit of life , which should bee distinguished from the secular priests in colour , forme , or some other outward marke . therefore i doe muse with my selfe , how they obtained of him that bull , that they might occupie the perpetuall dictature of the vniuersitie of pontimussa , that is , that they should for euer bee rectors , or presidents , against the forme and statutes of that foundation , made by gregorie the xiii . there be that thinke , that the bull was supposititious , that is , deuised and counterfait . surely although it were true and granted by sixtus , yet it ought not to bee of force , because it was obtained presently after his creation : at which time , whatsoeuer the popes doe grant , is iudged not so much to be obtained of them , as to be extorted from them . a but to the matter . that the example touching ioiada and athalia belong nothing to this disputation , it appeareth by this , that all our controuersie standeth in this : whether the pope bee endued with so great authority ouer lawfull kings and princes secular , that hee may for certaine causes cast them downe from their throne , and depriue them of the right of their kingdome , and anoint and inaugurate others in their places . but the example of athalia , is of a woman which held the kingdome by no right , but by most cruell and sauage tyrannie , by force and villanie , and by the bloudy murder of the kings house ; who stood therefore in that case , that shee might iustly be slaine of any priuate person , without the commandement of the priest ioiada . but for that such a matter seemed dangerous to attempt , and hard to compasse against her , who was mother to ochozias the king deceased : therefore there was great neede of the counsell and helpe of ioiada the high priest , or surely of some other , who likewise either by the greatnesse of his authoritie , or the opinion of holinesse , might assemble , and euen stirre vp the souldiers and the people to vndertake so noble and worthy an action . and that this was done , not so much by the commandement , as aduice of ioiada , it is plaine by that which is said : ioiada the high priest sent , and taking to him the centurions and souldiers , caused them to bee brought into him into the temple of the lord , and hee strooke a couenant with them . and that the interpreters doe note in that place , but the words iubere , or praecipere , are wont to be spoken of euery man , who hath the chiefe place in a faction or societie . therefore there is nothing found in this example , which hath any the least similitude or agreement with the assertion which is vndertaken by the aduersaries to prooue . the assertion is , that lawfull princes , that is to say , they who obtaine kingdomes and principalities , by right either of election or succession , may for certaine causes be deposed from their gouernement by the pope . and then what doth it helpe for the proofe of this proposition , to propound an example of a tyrant , or the killing of a tyrant ? doe they thinke that there is no difference betweene the true lords and lawfull possessors , and the spoilers and inuaders of possessions which belong not to them ? now whether there were or no any other cause or reason to depose and slay her , besides her tyrannie , it maketh no matter : it is sufficient that she was a tyrant , and a violent vsurper of the kingdome , insomuch as there was of her part no hindrance nor barre in law , but that she might be cast headlong out of the seat , and bee slaine by any of the people . which cannot in like manner be said of a lawfull king ; whose person , although it be wicked , the law of a kingdome , and the authoritie of rule , ought alwaies to protect and defend , from all iniurie and humane punishment ; as wee haue prooued otherwhere , out of the writings of the holy fathers . now the third followeth . chap. xxxix . the third example , saith hee , is of s ambrose , who being bishop of millan , and by that the spirituall pastor and father of theodosius the emperour , who ordinarily did reside at millan , did first excommunicate him for the slaughter which by his commandement was done at thessalonica : secondly , hee enioined him to make a law , that the sentence giuen of the slaughter and of the publication of goods , of them who were slaine , should not stand good , till after thirty daies from the pronouncing of the sentence , to the end that if hee had through anger and precipitation of minde , commanded any thing , hee might reuoke it within the space of so many daies . but ambrose could not excommunicate theodosius for that slaughter , vnlesse hee had first vnderstood and iudged of that cause , although it were criminall , and belonged to an externall court : but hee could not vnderstand and iudge a cause of that nature , vnlesse also he had beene a lawfull iudge of theodosius in an externall court. besides , to constraine the emperour to make a ciuill law , and to prescribe vnto him a forme of a law , doth it not manifestly declare , that a bishop sometimes doth vse a temporall authority euen ouer them who haue receiued authoritie ouer others ? and if any bishop may doe that , much more the prince of bishops . thus he . and this example also is very farre from the matter in question , wherein appeareth neither mention , nor so much as any token of a temporall authority of a bishop ouer an emperour , or any thing else , whereby it may be concluded by any probable argument , that such an authority doth belong to a bishop : but wholy belongeth to that spirituall authority of a bishop which we both in heart acknowledge , and confesse with the mouth , that the pope hath ouer all christians , of what order or place so euer they be . ambrose excommunicated the emperour for an offence committed by the iniust slaughter of many men : doth not this belong to the spirituall iurisdiction of the church , which at this time ambrose did exercise by his episcopall authority ? but he could not excommunicate , saieth he , vnlesse he had vnderstood and iudged of that cause before , although it were criminall , and belonged to the externall court. yes , he might de facto ( as vnaduised priests doe , whome i haue seene sometimes send out an excommunication , without tendring of the cause ; ) but de iure he ought not , otherwise he should haue beene an iniust iudge , if he had punished the delinquent , party without hearing of the cause . but let it be so : he vnderstood the cause , and iudged him worthy of censure , and therefore did excommunicate the emperour ; what then ? but he could not vnderstand and iudge of such a cause , ( saith hee ) vnlesse also hee had beene a lawfull iudge of theodosius in an externall court. alas , wee are catched in a snare , vnlesse wee beware this peece of sophistry : there lurketh in this assertion , an exceeding cunning deceit , by these words , in an externall court. a court is twofold , politique or ciuill : and ecclesiasticke or spirituall . the ciuill court is wholy externall , the ecclesiasticke is subdiuided into externall and internall . the externall court ecclesiasticke is , wherein the causes belonging to the notice of the church , are openly handled and iudged ; and if they be criminall , punishment is taken of them by excōmunication , interdiction , suspension , depositiō , or by other means , and oftentimes both the temporall and spirituall or ecclesiasticall iudge doe heare the same crime , euen in the externall court : but each of them in his proper court , and to impose diuers penalties , as the ciuill iudge taketh knowledge of adultery , vt sacrilegi nuptiarum gladio feriantur . a the iudge eclesiastique also taketh knowledge , who hath the care of the soule , to admonish the offender of his fault , and if he persist in offending , to chastise him with spiritualll punishments . but the internall court of the church , ( which is called the court of the soule , the court of poenitencie , the court of conscience ) is that wherein the priest takes notice and iudgeth of the sins reuealed to him by the conscience , and in his discretion doth enioine him poenitency according to the quality of the sinne . for now the common opinion is , that poenitential constitutions are arbitrary , that not only the bishop , but also any discreete confessor , may regularly moderate , and b mitigate them in the court of the soule . if therefore bellarmine by forum externum do vnderstand the ecclesiasticall court , which is content with spirituall paines onely , wee grant all which hee saith . for ambrose was the lawfull iudge of theodosius in that court , and that he openly declared in deed , and in effect , when as hee did excommunicate him . but when this is set down and granted , there can nothing bee gathered from hence to confirm the temporall authority of bishop or pope : because aswell the iudgement , as the punishment was spirituall . but if bellarmine by forum externum , vnderstand the ciuill court , it is most false which he propoundes ; for as the powers ecclesiasticke and ciuill are distinguished of god , so are their courts dictinct , their iudgements distinct . for the same mediator of god and men , christ iesus , hath seuered the offices of each power c by their proper actions , and distinct dignitus . surely hee doth ambrose great wrong , if he thinke that after hee had obtained the bishopricke , hee heard and iudged criminall causes in a ciuill court. ambrose then was no lawfull iudge of theodosius , in an externall ciuil court , which is inough to proue , that hee could not iudge or punish the emperour with any temporall punishment . but you will say , ambrose heard and iudged of the slaughter . it is true , but not as a ciuill and temporall iudge ; j say , i did not take knowledge of the crime for the same end , for which the secular iudge doth : that place out of aristotle is very good , that d many may take knowledge of one and the same subiect diuersly , and after a diuers manner , end and intention . jt is the same right angle which the geometrician searcheth to vnderstand , and the handicrafts man to worke by it . so it is the same crime whereof the laicke iudge taketh notice , that hee may punish the offender by death , banishment , the purse , or by some other temporall punishment ; and which the ecclesiasticall iudge knoweth , that for the quality of the offence , he may enioine spirituall punishment and penitence . at coegit imperatorem adlegem politicum ferendam , viz. he constrained the emperour to make a ciuill law ; and therefore hee vsed a temporall authority ouer him . a ●est . if hee constrained him , by what power , by feare of what did hee constraine him ? the summe of the story will teach vs that , which is thus . ambrose had cast on theodosius the band of excommunication , from whence when the emperour desired to be deliuered , the graue prelate denies to doe it , before such time as hee see in him some fruit of repentance ; what paenitence , saith he , haue you shewed after so hainous a crime , or with what medicine haue you cured your grieuons wounde ? the emperour answered , that it is the office of the bishop , to temper , and lay a medicine to the wound , that is to say , to enioine poenitencie to the sinner : but of the poenitent , to vse those medicines which are giuen him , that is to say , to performe the poenitency enioined vnto him . ambrose hearing this , for poenitence and satisfaction , he imposed vpon the emperour the necessity to make this law whereof we speake : which being made and enacted , ( for presently the emperour commaunded the law to bee ordained ) ambrose did loose him fram his bonds of excommunication . therefore in this case ambrose vsed no temporall authoritie against theodosius ; but whatsoeuer it was he commaunded by vertue and power of his spirituall iurisdiction ; neither did the emperour obey this prelate for feare of any temporall punishment : for if hee would not haue obeied , but ( as wicked princes sometimes doe , ) had contemned both the excommunication and the absolution , ambrose could goe no further at all e . but because the godly prince was carefull for his soule , lest hee beeing bound too long with this spirituall chaine , might through the long imprisonment gather filthinesse and vncleannesse , hee obeied the will of the bishop , and that hee might obtaine of him the benefite of absolution , hee performed at the admonition of the bishop , a temporall office , which seemed to bee profitable for the common wealth . vpon which occasion the author of the history saith ; for this so great vertue both the emperour and the bishop were famous . for i admire both ; the liberty of the one , the obedience of the other . againe , the burning of the zeale of the one , and the purity of faith in the other . ambrose then constrained theodosius , iust as our confessaries at this day doe constraine their poenitents , to whome they often deny absolution of their crime , where they seriously promise that they will performe that office or burden , which in place of poenitence they lay on them : when as yet they haue no temporall iurisdiction ouer them . he forced him likewise , euen as any of vs vseth to force his neighbour , or fellow burgesse , when we deny that to him , which hee desireth to be done or giuen him by vs , vnlesse hee first do that which wee desire for our friends sake or our own . to be short , it is a common thing that a man is constrained or enforced by reason , by loue , by griefe , by anger , and by other affections and passions of the mind , without any authority of temporall and spiritual iurisdiction . these things standing thus , it is worth the obseruation in this example , that the ecclesiasticall power doth often with feare of spirituall punishment enforce men to performe temporall duties , as in this place , ambrose did the emperour ; and of the contrary , that the ciuill power doth many times , by feare of temporall paines , driue others to performe spirituall offices , as when a prince compelleth heretickes or schismaticks to returne to the church , for feare of bodily punishment , or losse of goods : and yet neither can the one impose temporall punishment , nor the other spirituall , but by accident , as they say . the fourth followeth . the fourth , saith he , is of gregory the first , in the priuiledge which he granted to the monastery of s. medardus , and is to bee seene in the end of the epistles . if ( saith he ) any king , prelate , bishop , or person whatsoeuer , shall violate the decrees of this apostolicke authority , and of our commaundement of what dignity or honour soeuer he be , let him be depriued of his honour . if bishop gregory should liue at this day , and vnderstand that these words of his are taken in that sense , as though he had authority to depriue kings of their honour and dignity , hee would surely cry out , that it is a calumnious , and a wrested interpretation , and that he neuer so much as dreamed of any such matter ; and indeed those things which in other places are left written by him , doe vtterly discredite this exposition . these then are the words , not of a commaunder , but of a curser , whereby he chargeth and adiureth all kind of men , that they doe not violate the priuiledge granted by him , which if they shall doe , that god will be the reuenger to depriue them of honour : which kind of admonition and imprecation is at this day wont to bee added to the ends of the popes bulles , and constitutions , in this manner . therefore it may be lawfull for no man to in fringe this page , &c. or of presumption to contrary the same : but of any shall presume to attempt it let him incurre the indidgnation of almighty god , and of the blessed apostles , peter and paul ; ( or that which is the same ) let him know that he shall incurre . chap. xl. by that which hath beene said , the reader will easily see , that it is true , which before i set down ; that there cannot bee found , either in the holy scriptures , or writings of holy fathers , any printe or example of the temporall authority of the pope : and therefore that they do not well , nay , that they offend very greeuously , who labour to strengthen an opinion most false in it selfe , by arguments and examples so remote and impertinent . by these meanes they deceiue the vnlearned , and are derided by the learned . i haue already proued very plainely , that there is no force in the former examples , to proue that , which the aduersaries affirme . and for the examples following , i take lesse thought to answer : for although some of them doe fit the purpose of the aduersaris , and shew that popes did sometimes vse temporall authority , in the last ages of the church ; notwithstanding because they containe nothing but the singular actions of popes , who , no man denieth but that they were men , and might commit faults and slippes , after the manner of men , ( in so much as it is now celebrated by a common prouerbe , which we remembred before out of sotus : factum pontificum non facit fidei articulum ; ( that is , the act of the popes doth not make an article of faith : ) therefore touching their acts , wherin they haue endeauoured to exercise such an authority , the question and disputation is behinde , touching the lawfulnesse thereof , whether they were done lawfully , yea or no ? neither ought that to moue vs at all , the writers of the stories , who haue in their writings recorded the acts of the popes , haue added no note or touch of reprehension , but rather haue allowed and commended them . for i see that there were many reasons for that . first , because all the writers of that time were either monkes , or at the least clergy men , who tooke most care , to increase and amplifie the dignity of the popes : and therefore they were very wary and heedfull ; not to reprehend , or checke any actions of the popes , and to accuse them of iniustice . secondly , for that in those times so great was the opinion of the pope , that the multitude receiued and embraced in estimation all his actions , as if they had beene done by god himselfe , in which respect iohn gerson said not without reason , that the common people doth imagine the pope as a god , who hath all authority in heauen and in earth . my selfe haue seene aboue fifty yeares agone in scotland , when as that kingdome did as yet stand sound in faith and religion , that the name of the pope of rome , ( for so they spake scotishly , the pape of rome , ) was had in such reuerence with the multitude , that whatsoeuer was told them to haue beene said or done by him , was esteemed of all men as an oracle , and as a thing done by god himselfe . lastly , for that a present danger did hang ouer their heades , which danger to this day bindeth the hands , and mussles the mouthes of many , lest , if they should write any thing which was harsh and vnpleasing to the pope , or should taxe and find fault with his actions , as well the writer as his writing , should forth with be stricken with the popes curses ; which cannot seeme strange to those , who doe know that the anger and arrogancie of pope sixtus v. did burne so farre , that as i touched before , hee had determined to destroy , and quite extinguish the trim and goodly disputations of bellarmine , because hee thought that that excellent diuine , had not sufficiently inough satisfied his ambition , when as notwithstanding hee had giuen him a great deale more then he should haue done . besides all these reasons , this is somewhat , that the chiefe dutie of a story writer , consisteth in reporting , not in iudging , in which regard , many who excelled more in remembrance of things done , then in iudgement of them , applied their thoughts to the historicall narration , and contenting themselues with the paked and simple relation onely of all occurrents , did leaue indifferent the equity thereof to all mens censures . therefore although wee owe to those men the true knowledge , and faithfull report of matters passed , which they in their writings reserued and conuaied to posterity : yet we apprehend and receiue the equity and iustice of those actions , not from the commendation of the writers , but either from the authority of the scriptures , or traditions of the apostles , or the ancient decrees of the church , or lastly from the right rule of naturall reason . and so here will be the point alwaies to enquire and examine the equity of euery action , and to search diligently , not what the author of a story hath praised or dispraised , but what ought to bee praised or dispraised by good right and desert a . therefore i stand not much vpon examples , which neither are found and commended in the scriptures nor are not proued to be worthy commendation , by some of those waies at the least , which we haue set downe . for assuredly , it is a very dangerous matter , for a man to propound to himselfe examples to imitate , being not before weighed in this ballance , and by these waights , seeing that they that apply themselues to reade monuments of antiquity shall more often light vpon more euill examples then good and vertuous . for which cause the emperour doth grauely admonish all iudges , non exemplis sed legibus esse iudicandum , and that in all businesses , they ought not to follow that which hath been by great magistrates before them b , sed veritatem , legum & iustitiae vestigia . these considerations aduise me , not to dwell verie long vpon the prolixe and exquisite discussion and examination of the rest of the examples , produced by bellarmine , vnlesse i shall obserue peraduenture , that there is somewhat couched in them , whereby the vnwary reader may be ensnared , vnder a pretence and opinion of a truth . therefore for some of them let vs see which , and what they be . the fift is of gregory the ii. saith he , who forbad tribute to be paid by the italians to the emperour leo the image-breaker , being excommunicate by him , and by that meanes cut a part of his empire from him . surely i thinke in this example the truth of the businesse as it passed is not set downe , although i know it is so reported by certaine writers of storie . and that which induceth me to thinke so , is both the excellent learning of that pope , ioined with a speciall integritie of life , and also the testimony of platina in this matter ; who amongst all the worthy actions of that pope , reporteth this , that by his owne authoritie hee withstood the italians , being willing to fall away from that impious prince , and to chuse another emperour ouer them . for so writeth platina . but then the emperour leo the third , when hee could not openly inueigh against the pope , publisheth an edict , that all they who were vnder the roman empire , should dispatch and carrie cleane away out of the churches , the statues and images of all saints , martyrs , and angels , to take away idolatrie , as he said : and he that did otherwise , he would hold him for a publike enemie , or traitor but gregorie doth not onely not obey so great impietie , but also admonisheth all catholikes , that they would not in any sort commit so great an errour , through the feare , or edict of the prince . with which cohortation the people of italie was so encouraged , that they went very neere to chuse another emperour : but gregorie laboured with all the power he could , that it should not be . and platina addeth , that this pope , as a most holy man , often admonished the emperour by letters , that he would let goe the errours of some ill disposed persons about him , and embrace the true faith at the length ; and that he would forbeart to destroy the images of the saints , by whose memorie and example men might be stirred vp to the imitation of vertue . i doe giue credit to this author in this point aboue other more ancient writers , especially strangers : the rather , for that he by the commandement of sixtus quintus a pope , hath written the popes liues , and that at rome , where he was furnished with many helpes of ancient monuments , to finde out the truth of matters that passed in the citie , and in italie : which others wanting , as appeareth , did receiue nothing but vncertain reports , and scattered rumours of men , ( who many times report that to be done , which they would faine haue done ) for a certaine and cleere truth . if platina had in silence passed ouer the former part of the storie , surely hee had confirmed as it were by a secret consent , the opinion of these men , who haue otherwise written of gregorie . but seeing that hee was not ignorant that they had written so , ( being a man much conuersant in those stories ) and yet notwithstanding doth with a plaine contradiction impugne their opinion , it is very probable , that hee had farre better and more assured testimonies in the relation of those things which were done by this pope . wherefore it seemeth more reasonable , and more agreeable to the truth , to follow platina in this matter , and to note a lie in the writings of zonaras , ( seeing it is prooued in experience , that they are deceiued many times , who from the relation of others doe commit to writing the sayings and doings of people that liued farre from them ) then to blot the innocent life of an excellent pope , with a filthie spot of iniustice and rebellion . for albeit it bee true , that according to his spirituall authoritie ouer all , hee might worthily excommunicate this emperour ; yet he might not prohibit , that the people , being subiect to the romane empire , should not giue tribute to cesar , or pay their customes to the emperour , so long as he continued emperour , without the manifest breach of the law of god , and of the doctrine of the gospell . and it is certaine that this leo , although impious , continued cesar vnto his death , not deposed from his empire either by the people , or by the pope . therefore i say , that it is false which the magdeburgers centuriators doe write , that this pope , who was famous both for doctrine and life , was a traitour to his country . i say also , that it is false which bellarmine propounds in the former example , that the pope did set a fine or mulct vpon leo isaurus iconumachus , to a part of his empire : for hee practised no mischiefe , as appeareth by this storie of platina , neither against the country , nor against the prince . now followeth the sixth . chap. xli . the sixth is of zacharie , saith hee , who being desired by the nobilitie of france , deposed childerique , and caused pipine the father of carolus magnus , to be created king in his place . before i speake any thing of this example , it is worth my paines , to vnfold the darke storie touching the same , and briefly to describe the whole action of zacharie , ioining the circumstances on both sides , together with the opinion , for proofe whereof it is brought : and by this meane it may more easily appeare to the reader , how small strength it hath to confirme the proposition of the aduersaries . first of all therefore , in that story it is worthy the obseruation , that childerique and diuers other meroningians , that were kings before him , raigning without any authoritie at all in their kingdomes , had nothing but the vaine and idle name of a king. for the treasure and power of the state were in the hands of the officers , who were called the maiors of the palace , and who indeede swaied the whole gouernment of the kingdome : who were so much aboue the kings , and ordered and gouerned them , as the king possessed nothing of his owne , besides the idle name of the king , and some allowance assigned him for his maintenance during life , which the maior of the palace made him in his discretion , but one poore lordship in the country , of a small reuenew , and in that a house , where hee kept a few seruants to attend him for his necessarie seruices , and to wait vpon him : as eginhartus writeth in the life of charlemaine . if any then doe looke more neerely into the matter , he shall finde , that in those times there were after a sort two kings in france : one , who like the king in the ●hesse , had onely the name of a king , but no kingly authoritie , as atmoinus speaketh : but the other , who was called the maior of the palace , in whom consisted the whole authority of the kingdome . he in name onely was vnder the king , but in authoritie and power ouer the king ; so as he wanted nothing but the name , for the full and absolute maiestie of ruling and raigning , which also at the last was giuen him by the people , that the soueraigne gouernment which he swaied , might be signified by the title of a soueraigne honour . therfore atmoinus speaking of charles martel , father of pipine , who ouerthrew a huge armie of saracens , rushing into france out of spaine : king charles saith hee , hauing beaten and ouercome the armies of his enemies , vnder christ the author and head of peace and victorie , returned home in safetie into france , the seat of his gouernment . marke how he calles the maior of the palace a king , by reason of that royall authority which he bare . secondly , in that storie is to bee obserued , that the nobilitie of france , being weary of the slothfulnesse of their idle kings , did with a wonderfull consent conuert their eies and hearts to pipine maior of the palace , sonne to charles ; which did so animate him to the hope of the kingdome , that hee openly , without nicenesse , affected the name of a king : which that hee might more easily compasse , without mislike and displeasure of the commons , he resolued , that the pope was first to be dealt withall by an embassadour , and his assent to be required ; iudging indeede , as the truth was , that if the pope should giue his assent , that the commons would easily rest in his iudgement , by reason of the holinesse and reuerend opinion of the see apostolique . thirdly , we must vnderstand , that zacharie the pope was generally aduised withall in the cause of the kings , which raigned at that time in france , whether ought to bee called king , he who had only the name of a king , and no royall authoritie , or he who by his industrie and wisdome did manage and gouerne all the affaires of the state : and that hee the same pope answered generally againe , that it were better that he should be called king , in whom the soueraigne authoritie did reside ; by which answer the nobilitie being induced , doe elect pipine king. there is no question , but that the pope was truly acquainted in hypothesi , that is , in particular , that childerique was to bee abandoned , who carried onely the false name of a king , and that pipine was in his place to bee aduanced to the crowne . but i suppose that hee answered so generally , for that the proposition being deliuered in generall tearmes , carried no note of any certaine person , and left to the nobilitie of france their iudgement entire and free , to collect from thence that which they desired and so the pope did not simply depose childerique , but gaue his assent with the deposers . but because his consent was especially regarded , therfore certaine historians doe precisely say , that hee deposed childerique . lastly , in that storie it must be seriously and diligentlie weighed , that zacharie the pope , hauing heard pipinus his embassadours , touching the change of the kingdome , and deposition of childerique , iudged it to bee a matter of such noueltie , and difficultie also , as at the first hee durst not entertaine the thought of so great an enterprise , although that by this time he had vnderstood sufficiently , that the sloth and idlenesse of the merouingians did greatly endammage the church and christian common-wealth , vntill such time as hee was certainely perswaded and saw , that the whole nobility of france did fauour pipin , and desire him for their king , and moreouer , that childericque was the last of the race of the merouingians without children , so dull and blockish , that he could not tell how to grieue for the losse of his kingdome , as was fit for him , neither was there any that would mone his case . these were the inducements , which being ioined with a speciall loue & affection , which the pope did beare to pipine ( for that he and his father charles , had with many good offices deserued well of the church of rome and apostolicke sea , ) did moue zacharie to essent to the french , who desired this change of their kings . these things although they be in this manner written touching this businesse , yet haue we great cause to doubt of the iustice of that fact . i know that bellarmine in other places out of too much good opinion of the equity of this fact of zachary , doth boldly affirme , that no sober man wil deny that that act was iust . but he alledgeth nothing , but that the wisest man liuing may affirm for all that , that it was iniust . i say he brings no probable and forcible reason , whereby a wise man may perswade himselfe , that the pope did iustly assent to the french men in the deposition of childericke , since that in no case , we ought to doe ill , that good although it be very great may come thereof . now wee haue sufficienly declared , that for a lawfull king to bee deposed by his owne subiects , or to consent to the deposers , seeing hee hath god onely aboue him , to whome onely he is bound to yeeld account of his actions , is by it selfe , and simply euill . and the two reasons which he vseth to iustifie the iustice of that deposition , are so vncertaine and friuolous , that i wonder that they were ouer propounded by him . for first , in that he measures the equity of this fact of zachary by the euent of the businesse , as though the action must be accounted iust , because that change of the kingdome had prosperous and happy successe , ( especially , saith he , since the euent doth teach , that that change was most happy . ) it is so triuiall and childish , that it was not to be conceiued , much lesse alleadged in writing by such a man , — careat successibus opto , quisquis ab euentu facta not anda putes . for what i pray you ? was not afterwards in the same kingdome of france the change from the carolouingi● to the capeuingii made with great iniustice ? for hugo capet a man of a great mind , and might in the state , when none was able to represse or encounter his practises , vsurped the kingdom by force & arms , & obtained the crown , taking the true heire , and casting him into prison . for which fact gaguinus calleth him an vsurper of the kingdome . and yet all the world doth know that that change was most happy , and as some thinke , done by the secrete iudgement of god , that pipine who had wrongfully taken the kingdome from the merouingij , should at the last suffer the like wrong in his posterity . therefore the carolouingians did not so long hold the kingdome , if they bee compared with the capeuingians . and the capeuingians haue the gouernement much longer established in their house , and as j hope will haue for euer . the second reason also , is no whit stronger which he draweth from the holinesse of boniface the bishoppe , who at the commandement of zacharie anointed and crowned pipine king. adde , saith he , to these , that hee who anointed and crowned king pipine by the popes commandement , was a most holy man , viz. b. boniface bishoppe and martyr , who surely would neuer haue beene the auther of iniustice , and of a publicke offence . this i say is a very light argument , and of no waight . for in that businesse boniface was onely a minister of the apostolicke commaundement , and therefore it was no preiudice to his holinesse , which he executed at the popes commaundement : for he was bound to execute the popes sentence , c although he knew it to be iniust : and therefore although the iniustice of the commaundement had made zacharie guilty , yet boniface had beene declared to bee innocent by the order of seruing , and necessity of obedience d therefore boniface might with a safe conscience fulfill the commaundement of zacharie , though it were iniust . but this zacharie was a good pope . it may bee so , wee denie it not , so was dauid a good king , and holy , and theodosius a good emperour : marcellinus and liberius were both good popes , and yet not one of these but committed some things worthy of blame . why then might not zacharie also serue his owne malice or loue , and after the manner of men in some part violate iustice ? it is well knowne that zacharie in those times did stand in extream need of pipines aid , against the iniuries of aistulphus & the longobardes ; and was not that a strong engine to batter iustice , thinke you ? loue , hatred , and a proper gaine , make that a iudge many times doth not know e the truth . but to striue no longer about the equity of this act of zacharie , let it bee as they would haue it , let vs grant that that act was most iust : what strength doe they winne by this , to make good the temporall authority which they giue to the pope ouer princes ? is it any more , then that by the patterne of that action , the pope may now doe , as then zacharie did ? which is , that hee may giue his consent to a people for the like causes & respects to put down their king ? that is to say , if he bee a king , that hath onely the name , and not the authority or power of a king , who also hath no issue , like to die in orbitie , and of mind so slothfull and so blockish , that hee may bee deposed without any bloudshed , and of a prince may bee made a priuate person , no man moaning his fortune , no man following his party . for an argument from an example is nothing , vnlesse the cases and causes be alike in each respect . therfore this example of zacharie , what maketh it to establish that infinite authority , wheron the popes relying in the following ages , haue attempted , and sometimes gloried that they could vndertake mighty kings , abounding in all manner of wealth , excelling in strength both of mind and body , not at the request of the people , nor by consent onely , but of their proper motion , by warres , by murther , by schismes , by great miseries of the christian common-wealth , to depriue them of their kingdomes , and to spoile them of their crownes and scepters ? will any wise man iudge that this is lawfull for them to doe , by the example of zacharias his act ? but of this matter enough . chap. xlii . the death of the author enuied vs this last part of the booke . finis . notes, typically marginal, from the original text notes for div a -e a 〈…〉 . b 〈◊〉 . ad 〈…〉 deo re●ertur dist . can . * th● . bozim . d lib. . cap. ● . e lib. . cap. vlt. * matth. . luk. . notes for div a -e rom. . a can. duo sunt can . cum ad verum . dist . cap. nouit . de iudic . cap. per ve . nerabilem , qui filij sunt legit . b cap. . c lib. . de liber christ. cap. . * matth. . mark. . d in c●p inquisitions de sent . excom . e dict. can . cum ad verum . dist . i l. . c. cov . de legat . k l. s●re leges . d. de legib . notes for div a -e * lib. . de rom pont. cap. . lib. . de rom. 〈◊〉 . ●ap . * see the admonition to the reader . m iob. . ca. . hierar . eccl. l. b. . de pon . rom. cap. . * at rom. . q i●b . de rom. pont. c. . g l. illud d. ad leg . aquil. h act. . * . cor. . * cap . * lib. . epist. . indict . . serm le 〈…〉 . tom . . ex. 〈…〉 . . 〈◊〉 regin . aug. & 〈◊〉 . contra reg. franc. b lib. . cap . c cap. ●ler de immunit . ec . l. in . d clem. de imunit . eccl . vbi glos . ●d nota● . e lib hist 〈…〉 . f lib . de cons. ad eugenium . f lib . de cons. ad eugenium . g in vita bonif. 〈◊〉 . h lib ● hist. in vita philip. pul. notes for div a -e * see the admonition to the reader . cap. per venerabilem . qui fil . sunt legit . k can. ficut can. excommunicatos . xi . q. . l cap. . m lib. contra epist. parm. c. . n psal. . notes for div a -e a lib . de rom. pont. cap. . b lib. . de indict . . epist. . e i. § generaliter . d. de don . inter vir . & vxor . f panor . in cap. ludum . de elect . & cap. 〈◊〉 pridem . 〈◊〉 pact . notes for div a -e a cap. . see the admonition to the reader . notes for div a -e a lib de rom. pont. ca. . d ruffin . lib. . hist eccles . ca. . socra . schol. lib. . cap. . theodoret. lib. . cap. . * 〈…〉 . . f orat. . in iulian . h in psal. . notes for div a -e a ad sororem suam marcellinam . epist. . . . s●zomen . lib. ca. . nicephor . li. ca. . c lib ca . & lib. . ca. . d 〈…〉 . 〈…〉 . f cap. . g 〈…〉 . h i●b hist. 〈◊〉 . armen . lib. . cap. . l cap. . k in ep. ad i●ed . ●eno●arb . l math. . notes for div a -e 〈…〉 . & alij . 〈◊〉 s. otu● in chronico . anno 〈◊〉 . d lib. . cap ● . de tra●s●●t . imp & li. de roman pont. ca. . e lib. . cl●o . ca. . f lib. . epis . . g rom. . h 〈…〉 . 〈…〉 . l 〈…〉 . 〈…〉 . 〈…〉 o 〈…〉 . notes for div a -e 〈…〉 b lab. . degest . frideria . cap . c dereb german . d i●b . ch●on . cap. . * see the admonition to the reader . f 〈…〉 . * see the admonition to the reader . g salu●t . h lib. . de reg ●● cap. . i 〈…〉 . notes for div a -e a 〈…〉 . b esa● . c act. . d tract . . in ●an . e lib . ca. . de regno . notes for div a -e aduersariorum sententia 〈◊〉 antiquitati ec●lesiastic● con-tradic●t . a 〈…〉 . b 〈…〉 . c . n●m magist atus d de recep qui 〈◊〉 . d 〈…〉 . e can. pat●t . can al●orum 〈◊〉 q. . 〈…〉 〈…〉 b i q●● accusar● 〈…〉 . l. 〈◊〉 ● de prob . cap. . de probat . notes for div a -e a in p●l●a contra hen ●ra rege● . * see the admonition to the reader . b in psal. . 〈◊〉 ● . 〈…〉 po●t . 〈…〉 d ●●b . . de libe● . ecclesia● . ●ap . . notes for div a -e a . ad titu : . b in relect . cap. no●●t num . de . 〈◊〉 . 〈…〉 d q 〈…〉 notes for div a -e cap . b pag. . * in lib. de cle●ic● cap. . * lib epist. . e . reg cap . f lib. . de rom. pont. cap. . g 〈…〉 . h 〈…〉 . eod. lib. . cap. l extant in cod. et decret atque in lust eccles . m i. incous . d●de minor . l. de constit . princi . p 〈…〉 . §. sitamen . ●●at . . q 〈◊〉 & . cod. theod. de epist. & cler●● . li. . t i mansu●tudinis . cod . tit . notes for div a -e a lib. de roman . pontif. cap. . b . si vnus . § ante omnia . d. depist . d eph. . 〈◊〉 . . e 〈…〉 . f 〈…〉 . g lib . de adopt . h 〈◊〉 . lib. . val matth. . ca . 〈…〉 apoth rom cell . lib . ca. . rom. . k lib . de concord . cathol . ca. . l cap. . notes for div a -e a . ad corin. . b act. . c luk . e . cor. . f psal. . g lib. . c. . h su. c. . i sum hoc capite . notes for div a -e a cap. proximo sum . b can. non pila . can . conuentor . . q . iud. cap. pen. & ● . ● . d 〈◊〉 . . notes for div a -e a lib. . c. b imperium d. de 〈◊〉 pan● . ca. . ad rom. c q ● . in 〈◊〉 . d 〈◊〉 . . e ●●b comment in euan. luca ● lut. . ● mare . . h lut. . i isaia . k lib. . cap. . notes for div a -e 〈…〉 d i ill●d d ad lig . aquil. e i. vt vim d. de iust . & tur . c. . de homicid . l. . c. quando lice at vnu●ique . notes for div a -e a lib cap . & lib. . cap. 〈…〉 . e rom. ● . f matth. ● rom . h . peter . i tertull ad scapul & in apologet. 〈…〉 . 〈…〉 . m . cor . ● a●cilla d de f●rt l . 〈…〉 fugit . p rom. . ad philip . colos● . . q cap. . notes for div a -e a contra ar. nau● . pag. . b cap. . c lib . de rom. pont. c . d lib. . de rom. pont. cap. & lib . c. . notes for div a -e * this is according to cardi. bellar. own doctrine in his lib. . de matrimoni . cap. . d . q. . c●n. & . notes for div a -e a lib. . de rom. pont. cap. . notes for div a -e b lib. . de rom. pont. ca. . . corin. . notes for div a -e a cap. . b 〈…〉 . d 〈…〉 e cor. . & . f . timoth. . g prou. . h tit. . ● . pet. . the pope 〈…〉 god. k . timoth. . i●an . de turre 〈…〉 . lector . dist . . n math. . p hi●polyt de marsil . sing . . q cap cum ad monasterium . de stat . monachor . ● part. . tit . . cap. . notes for div a -e a rom . b panor●● . in cap. 〈◊〉 . de 〈◊〉 . c i. v●t d. quod met . ca l continum . §. ●um ita d. de verb. ob●●g . d can. iuramenti . . q. . lib . cap . de concil . f math. vlt. g 〈◊〉 in comm●n . can . non 〈◊〉 papa . q. . h in ca● 〈◊〉 . q. . notes for div a -e a ca. . . & . b mat● . . c in summe de elect . n● . . d cap. ex parte . §. nos tamen & d. cap. . de conuers . contugat . e d thom. . q. . art . ● 〈◊〉 . f 〈◊〉 d. 〈…〉 . can . cum 〈◊〉 q. . g 〈…〉 h uide couarruuiam de matrim . part . . §. . vbi id notat & reprebendt . i cap. ex parte § not aute m. de convers . coniugat . notes for div a -e a i. ● . d. de iurisd . l. si itor . d. deseruit . l● . § qui babet . d. de seruit . p●aed . rustic . cap. . de offic●ud . dole . b aug. li. . de ciuit . dei. ca. . thom. . . q. . art . . * see the admonition to the reader . d . cor. . notes for div a -e a l ●●●lins . d. de condit . institut . id posse . b cap. per venerabilem . qui fil . sunt legit . c . inter stipulintem . . § ● . de verb. ●bl . d . . d. de rece●t . qut arbitr . l ill● quo § tempe●●uum . d. ad sc. treb. g cap. . the answer of the people to the pope commanding to disobey their king. h felin . in cap. siquando , nu . . de rescript . k in cap. n● dei . de simon . m rom. . n l. de pretio . d. de put l. in ●em . act . * see the admonition to the reader . o can. seutentia . can . qui iuslas . q. . p can. quomodo . can . illud . q. . can . certum . q. . notes for div a -e a ju libello qui gallicè inscribitur , le veritè difendue cōtre le pladoyé d● a●thonu arnauld . notes for div a -e b can. corripiantu● . q. . c vide s. cap. . notes for div a -e a bellarm. l. . de cleric . c. . b 〈…〉 . c 〈◊〉 cap. 〈◊〉 . d di●t lib ● . cap. . 〈…〉 . e 〈…〉 . notes for div a -e a cap. cum ● non ab homine . de iudic . b l. non omnis d●de reb . ●●ed c lib. . de conciljs c● . . d bell. b. . de cler. cap. vlt. i l. fitius . d de cond instit . l. . §. condemnatum . d. dereiudic . notes for div a -e a . reg. . c . reg. . d 〈◊〉 ●eg . . . patal . ● . e . reg. ● . . patal . . notes for div a -e a 〈…〉 . b 〈…〉 . c 〈…〉 . d 〈…〉 . e 〈…〉 f iob . g ● . reg. . h . reg. . i l. non solum . . §. semanda to . d. de iniur . lib. reprehendenda . c. de instit . & substi . k liran in illum locum . l aut. da●●● . §. . de p●n . m 〈…〉 . n 〈◊〉 . . o 〈…〉 . p hora lib. . sa●y . . q g●eg . lib . epist . 〈…〉 . dist . . r 〈…〉 . . q. . notes for div a -e 〈…〉 . 〈…〉 . 〈…〉 . 〈…〉 notes for div a -e a glos. in pro●●m . reg . cancell . neuisa . in syl . nuptial . reb●st . in tract . vt beneficia aut . vacat . nu . . & . notes for div a -e a l. quamnis . . c. ad l. iul. de adul . b can. de his vbi glos . vlt. dist . glos . in can . mensuram ad ver . sacer. do●● de ponit . dist ● . c can. cum ad verum . . dist . d lib. . cap. . ethic. e cap. cum non ab homine . de iud . notes for div a -e a l. sed l●cet . d. de off . p●asid . b 〈…〉 iud●● . ● . c. de sent . & 〈…〉 . notes for div a -e c cap. pastorall §. quia vero de off . tud . del g. d can quid ●ulpatur . . q. . can . miles . q. . e a●●●tot . lib. ● . r●et . ad theode●en . cap. . certaine queries of some tender conscienced christians about the late protestation commended to them by the house of commons now assembled in the high and honourable court of paliament [sic] : wherein they desire to bee resolved concerning written by a learned divine. learned divine. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) certaine queries of some tender conscienced christians about the late protestation commended to them by the house of commons now assembled in the high and honourable court of paliament [sic] : wherein they desire to bee resolved concerning written by a learned divine. learned divine. [ ], p. s.n.], [london? : . for text of the protestation, cf. england and wales. parliament. protestation by the parliament the third day of may, anno domini, . [london] . reproduction of original in thomason collection, british library. eng england and wales. -- parliament. -- house of commons. -- protestation by the parliament the third day of may, anno domini, . oaths -- england. great britain -- history -- charles i, - -- sources. a r (wing c ). civilwar no certaine queries of some tender conscienced christians. about the late protestation, commended to them by the house of commons, now assemble learned divine a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion certaine queries of some tender conscienced christians . about the late protestation , commended to them by the house of commons , now assembled , in the high and honourable court of paliament . wherein they desire to bee resolved , concerning . the authority imposing it . . the necessity of it . . the danger of it . . whether it can be taken in faith . as also certaine queries , concerning the ambiguity thereof , appearing in most , if not in all the severall branches thereof . together with a form of such an interpretation of it , as may safely be taken , and doth not goe against the literall sence . written by a learned divine . printed . the queries of certaine tender-conscienced christians , concerning the late protestation , commended to them by the house of commons , now assembled in the high and honourable court of parliament , wherein they humbly crave a cleere satisfaction from their abler brethren , that they may take it with a well grounded and cheerfull conscience . first , as concerning the authority of it , whether it comes sufficiently authorised to be imposed upon any , unlesse by the joynt consent of his sacred majesty , and both houses of that high and honourable court , both head and members ? we do not hereby intend to charge any with the guilt of combination against authority , but in the tendernesse of our consciences , humbly to signifie our just scruples , about the authority imposing it , and the contents of it ; if it be said it is not to be imposed on any , then we hope none can justly blame us , for using our lawfull liberty , and refusall of that which is not imposed on us . secondly , concerning the necessity of it ; what need is there of urging or taking protestation at this time ; since oathes , sacred bonds , are not to be taken without urgent necessity , unlesse wee will take the name of god in vaine : and though the prudence of the contrivers may see a necessity to commend it , yet it is no wonder if such silly ones as we , see not the necessity of taking it , untill they shall be pleased to impart their reasons . the conscientious will hold them selves bound to maintaine the doctrine established , power of parliaments , and liberty of subjects without it : all others will slight it : we thinke in all humility love a stronger bond then compulsion , and other meanes more effectuall for holding our of popery , namely , diligent preaching , prayer , humiliation , and reformation , whereby we may encrease in the knowledge of the truth , and the ability to defend us against the enemies of it . but for ministers it seemes lesse needfull , who have already subscribed and sworne , and subscribed to the doctrine of the church of england against popery , against whom sufficient provisoes are made in case they revolt . . thirdly , what danger by multiplying oathes , where divers for feare may be forced to take them , reluctante conscientia . most do make too little conscience of them , and may endanger the land by drawing on it a judgement for their slighting such a sacred bond , or violation of it , for oathes the land mournes , ier. . . whereupon saint austin in his second sermon , de verbis apostoli , falsa juratio exitiosa , vera juratio periculosa , nulla juratio secura est . above all things my brethren sweare not , isaiah . . . fourthly , whether can this oath betaken in faith ? without which , whatsoever we doe is sin , rom. . . now this oath comprehends so many things of severall kinds , and divers of them unknowne to most of us , that though wee be ready to beleeve and receive some of them single , yet our faith cannot fathome all together , and so we cannot sweare without doubting . and surely doubtfull swearing , is as dangerous as doubtfull eating : every oath should be taken in truth , righteousnesse and judgement . ier. . . how can we take an oath in judgement , not having a full perswasion in the meaning of it ; or how can others with good conscience presse it on us , till they give us full satisfaction herein ? if it be answered that the creed , &c. are ambiguous , subject to doubtfull interpretations , as appeares in divers articles , yet upon this reason , may not bee refused to be sworne : to this , the learned divines of aberdine have given sufficient answer . pag. . of their duplice : these are of divine authority , or next divine , agreeable to the word , approved by the uniforme consent of all places in all ages . whereupon wee are undoubtedly perswaded that the contrivers of them did neither intend , nor yet set downe any untruth , and therefore we doe submit to the infallible authority of them ( though somethings be controverted in them ) whereas we cannot suppose the same in any oath contrived by men , subject to errors , wanting that generall approbation . the ambiguity of the oath appeares to us in most , if not in all the severall branches of it . . i promise , vow , and protest , to maintaine with my life , goods , and power , the true protestant religion , expressed in the doctrine of the church of england . quaere , what is the doctrine of the church of england ? whether that in the articles ? why is it not specified , that we may know to what we sweare ? whether may it not be extended to that which hereafter shall be established ; since in the oath it is not ( not expressed , or already established ) but , expressed , in the doctrine of the church of england ; which we suppose will bind us , if expressed hereafter ; if so , none will set his seale to a blanke bond , so as the obligee may make his debt as large as he listeth : and we conceave wee should bee more cautelous in engaging our selves by oath , then our estate by bond , since the tye is more vigorous , and the breach more dangerous . ley , pag. . i swear to maintain this doctrine against all popery , and popish innovations . quaere , in what extent is popery here abjur'd ? whether onely in doctrinals , and such onely as are fundamentall , or come nigh the foundation ? or to remoter superstructions undetermined ? wherein it hath alwayes bin held lawfull for schollars to vary , and abundare sensu suo . whether to discipline also ? and hath not episcopacy bin branded for a popish hierarchie , and the ministers ordained by them and standing under them . notwithstanding it hath beene allowed by our doctrine and established by our law ? hath not our liturgy ( though established by act of parliament ) beene rejected as popish ? and all innocent ceremonies ( though ancienter far then popery ) if abused by them ? nay , one of late , against popish ceremonies tels us , that an oath must be extended to the largest sense , disput. against engl. ceremonies , p. . . . i sweare to maintain the power and priviledge of parliaments , and the lawfull liberty and rights of subjects . quaere , what are those priviledges of parliaments and rights of subjects ? are these evident by the light of nature , that upon notifying them , every one that sweares is able to give his assent , acknowledging them undoubted priviledges and rights ? or doe they vary in diverse countries , according to the different constitutions of statutes and charters depending on positive lawes ? why are we not directed to those lawes where we may be clearely informed , what are those undoubted priviledges and rights ? . i will maintain every person that maketh this protestation , in what he shall doe in the lawfull pursuance of the same . quaer. whither am i hereby bound to embroile my selfe in every private quarrell betwixt particular persons ? suppose one that hath taken this protestation be oppressed by some great one and pursue his right . whether am i hereby to engage my selfe ? if it be with reference to the publicke state . whether am i alone bound to maintaine him in his rights , or only joyntly with others ? and how shall i be assured that it is his right , and that his pursuance is lawfull , that i may joyne with him ? i will oppose and bring to condign punishment , all such as shall doe any thing to the contrary . quaer. whether is his sacred majesty and his lawfull successors here excepted , in case they should attempt some innovation in religion , or to infringe the liberty of parliaments , or the rights of subjects , or to oppose any that hath taken this protestation ? now to take up armes against our soveraigne , either offensive or defensive , we have not as yet learned . we neither in the scriptures nor the writings , nor practice of primitive times find any other remedy for subjects unjustly prosecuted by hereditary monarches , but flight from their wrath , or patient suffering , or humble supplication with teares and prayers . nor dare we subscribe till we see those arguments answered in the learned duplice of the divines of aberdine , pag. . if his majesty be excepted , why is it not expressed ? nor can the expression of such an exception be thought needlesse , though elsewhere we sweare to maintaine the king . nor can it seeme a greater tendernesse of his majesties honour , to omit the exception in this clause , supposing his majesties constancy in religion , and equitable disposition in the adminstration of justice . surely the modest request of such an exception cannot in the judgement of any reasonable man , import the slenderest suspition of his majesties inconstancy in religion , or disposition to injustice . none are more fully setled in their good opinion of him then wee . but wee provide for our owne peace , in case of dispute about the boundaries of religion , priviledge of parliaments , and rights of subjects . nor doe we cast the least aspertion of imprudence or disloyalty upon the contrivers of this protestation , which we doubt not but their wisedomes can easily cleare , and we much crave may be cleared to us . . in case of dispute , what is the religion established , power and priviledge of parliaments , rights of subjects , and the lawfull meanes of the pursuance of the same , or concerning the boundaries of those ; who shall be judge ? the dictate of every private mans conscience ? that were to expose the kingdome to perpetuall contention ; the parliament ? what if a dispute arise when no parliament sits ? the king and counsel ? or some deputed by his majesty and the parliament ? or the stronger part ? . i sweare never to relinquish this protestation , &c. quaere , doth this clause bind me for ever in no case to alter ? what if the king and state should find it expedient hereafter to revoake this protestation , or some thing in it ? why is not there a reservation of liberty to change with the state ? master ley in his booke of the late canons , pag. . thinks it unfit to make median & persian protestantions , that cannot be altered , when as such changes may fall in a state , as the wisest law may be thought necessary to be altered , and therefore to receive no farther establishment , then may agree withall humane lawes to be left alterable . nor let us be thought herein to wrong our selves , in forging exceptions and laying impediment sin our own way . we walke in sincerity according to our light , not forging to our selves , impediments or laying stumbling blockes in our owne way , but shewing such as seeme to be layd in our way , by the incommodious expression of the protestation . if any thinke our doubts are too many , perchance he thinks too little of the peace of conscience of private christians , and price of ministery . if any inforcement should be used , our suspence , till satisfaction be given , may be charitably ascribed rather to conscience then contumacy . and therefore the case so standing , we hope we shall neither be pressed to the taking , nor our modest refusall oppressed with any penalty . what pitty were it which some mens feares begin to suggest , that after our painefull studies in the universities , the expence of our patrimonies in our costly education ( which might have maintained us plentifully in another course . ) after our painefull imployments in our pastorall church , to the tyring out of our strength . after our families encreased above our abilities to support them ( without the meanes we receive from the church ) to be thrust out of all , who cannot dig , and are ashamed to beg . after our hopes of removall of all burdens to be oppressed . with the same tongue that hath blest god for the heroicke zeale of that high and honourable court in removall of one oath , now to complaine of the pressure of our consciences by another ? that when such care is taken for the establishment of the right of subjects ( should this oath come hereafter to be pressed ) it might strip us of all , which we conceive derogatory to our rights , who are not the worst subjects . that those who have complained of subscription and oathes these eighty yeares ( though of such things onely as were established by parliament ) should now be so forward to promote this , and presse it upon others . when divers things established by law were inconstrued , the church and state thought it expedient to interpreat them as appeares , by divers canons , rubrickes , and injunctions , and the preface to the common prayer . when the oath of supremacy was inconstrued , king iames of blessed memory , vouchsafed to cleare it by publicke writings , and after to cleare this explication from all objections of ball and others , by bishop andrewes and others . when the reverend primate of armagh had cleared the same oath in ireland , the king gave him thanks for his paines taken therein , by a letter now printed . and this present parliament to remove the feare of some londoners ( as we heare ) vouchsafed to set forth an interpretation of one clause of this protestation . whether would it not highly commend their prudence , and eternize their goodnesse , to vouchsafe a further interpretation of all the severall branches of it , or authorize by speciall commission , some grave , wise men , in every diocesse , to admit of such interpretations as did not goe against the literall sense , and cleare it from all ambiguity . whether this interpretation , or such like might be accepted . . i sweare to maintaine the doctrine expressed in the church of england , &c. i understand the doctrine already established in the . articles . . this doctrine i will maintaine against all popery , and popish innovations &c. i understand all popery doctrinall , and innovations practicall , contrary to the doctrine already established . . i sweare to maintaine the power and priviledge of parliaments , the rights of subjects , &c. i understād this so farre as they shall bee evidenced to me , by the standing lawes of this kingdome , not repugnant to the lawes of god , to be undoubted priviledges and rights , and further the maintenance of these rights of subjects , i understand not with reference to one another , to be hereby bound to imbroyle my selfe in every private mans quarrell , though i conceive right , but with reference to the publike state . . i will maintaine every person that maketh this protestation , in whatsoever he shall doe in the lawfull pursuance of the same , &c. this maintenance i understand not to bind me to maintaine them by my selfe alone , but together with others consenting and lawfully authorized , the same i understand of opposing in the next clause . . i will oppose and bring to condigne punishment , &c. in all the severall clauses , i expressely except his sacred majesty , and his lawfull successors , according to my oath of allegiance , not daring to thinke a disloyall thought , much lesse to lift up my hand against the lords annointed . . i will never relinquish this protestation , &c. vnlesse the state shall thinke it expedient to alter or revoke it , in which case i reserve my freedome . finis . the iudgment of a catholicke english-man, living in banishment for his religion vvritten to his priuate friend in england. concerninge a late booke set forth, and entituled; triplici nodo, triplex cuneus, or, an apologie for the oath of allegiance. against two breves of pope paulus v. to the catholickes of england; & a letter of cardinall bellarmine to m. george blackwell, arch-priest. vvherein, the said oath is shewed to be vnlawfull vnto a catholicke conscience; for so much, as it conteyneth sundry clauses repugnant to his religion. judgment of a catholicke english-man, living in banishment for his religion parsons, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the iudgment of a catholicke english-man, living in banishment for his religion vvritten to his priuate friend in england. concerninge a late booke set forth, and entituled; triplici nodo, triplex cuneus, or, an apologie for the oath of allegiance. against two breves of pope paulus v. to the catholickes of england; & a letter of cardinall bellarmine to m. george blackwell, arch-priest. vvherein, the said oath is shewed to be vnlawfull vnto a catholicke conscience; for so much, as it conteyneth sundry clauses repugnant to his religion. judgment of a catholicke english-man, living in banishment for his religion parsons, robert, - . [ ], p. english college press] permissu superiorum, [saint-omer : anno . by robert parsons. place of publication and printer from stc. answers king james i's "triplici nodo, triplex cuneus". running title reads: the letter of a catholicke touching the new oath of allegiance. reproduction of the original in the cambridge university library . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- i, -- king of england, - . -- triplici nodo, triplex cuneus -- early works to . catholics -- england -- early works to . oath of allegiance, -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the ivdgment of a catholicke english-man , living in banishment for his religion : vvritten to his priuate friend in england . concerninge a late booke set forth , and entituled ; triplici nodo , triplex cuneus , or , an apologie for the oath of allegiance . against two breves of pope pavlvs v. to the catholickes of england ; & a letter of cardinall bellarmine to m. george blackwell arch-priest . vvherin , the said oath is shewed to be vnlawfull vnto a catholicke conscience ; for so much , as it conteyneth sundry clauses repugnant to his religion . s. hieron . comment . in cap. . hierem. let an oath haue these companions , truth , iudgment , and iustice ; for if these be wanting , it shall not be an oath , but periury . ¶ permissu superiorum . anno . the generall contentes of this ensuing letter , diuided into three paragraphes . . the first paragraph handleth matters concerning the substance of the oath , which in the apologie are spoken by way , as it were , of preface , before the setting downe of the popes breues . . the second , considereth the said two breues , & impugnation therof by the apologer ; and how sufficiently , or insufficiently , the same is performed by him . . the third , discusseth the answere made to cardinall bellarmynes letter ; & diuers poyntes of moment therin conteyned , but weakly impugned by the apologer , as the authour of this letter iudgeth . to the reader . this letter comming to my hands ( gentle reader ) some dayes past , from my learned friend beyond the seas , and hauing imparted the same priuately vnto sundry of myne acquaintance , who desyred to read somewhat , concerning the argument in hād ; they were very earnest with me to yield to the printing therof , for eschewing so great labour , tyme , and expences , as would be necessary for the copying it out , to so many , as desyred the view therof : which i intreate thee to take in good part , and vse it to thy benefit . and so to christ iesvs i committ thee , with wish of all felicitie , both in this lyfe , and the next . particvler chiefe poyntes handled in this letter . in the first paragraph . . who is thought to be the true authour of this triplex cuneus , or apology : and vpon what reasons , & arguments . num. . . . &c. . the contentes of the oath ; and how the lawfulnes of taking it , was consulted with learned men , both at home , and abroad . num . . . &c. . vvhether this oath do conteyne matters of only meere ciuill , and temporall obedience , and not any of religion , as is p●●●●●ded . num . . . &c. . vvhat full and perfect obedience , and dutifull allegianc● , catholicke subiects do acknowledge themselues to owe , and offer vnto his ma. tie in all temporall affayres , as much as euer any english subiects from the beginning , vntill k. henry the eight his time ; and as any forrayne subiect doth to any catholicke emperour , king , or prince at this day . num . . . &c. . how contradictory it is in it self . that catholicks must sweare to take the oath , freely & without coaction , notwithstanding the penalty of premunire , if they refuse it . num . . &c. . concerning a petition to his ma. tie for exposition of the said oath , for auoyding of needles vexations . num . . . &c. . that nothing is gayned , but much lost to his ma. tie , by ouer-much vrging the said oath . num . . . &c. in the second paragraph . the summe of the two breues of paulus v. and whether . he had reason to complayne of catholicks sufferance , or no ? num . . . . &c. vvhether q. elizabeth did persecute catholicks, . and whether she were so happie in her life , and gouernment , as some do make her . num . . . . &c. that it is not height of pryde in catholicks , to desyre lyberty of . conscience , as the apologer sayth . num . . . . &c. that clemency is no cause of desperate attempts , as this apologer . insinuateth , but rather the contrary , to wit , cruelty . num . . . &c. in what poyntes , and why this oath is held to be vnlawfull for . catholicke men to take : with the examination of scriptures , fathers , and councels about the same . num . . . &c. how the apologer wittingly mistaking the state of the question, . goeth forward , impugning only his owne deuises . num . . . in the third paragraph . cardinall bellarmyne is wrongfully charged to mistake . the state of the controuersy , and to impugne the oath of supremacy , insteed of the oath of allegiance . num . . . &c. vvhy the apologer changeth the old tytle of supreme head . of the church , established by statute vnder k. henry the . and k. edward the . vnto supreme gouernour . num . . . &c. . the ancient councels of toledo , how vntruly they are alledged , for prescribing this forme of oath now exacted . num . . . . &c. . clauses of beliefe , or not beliefe proued to be in this oath , contrary to the apologers assertion . num . . . &c. . an eleuen contradictions obiected out of cardinall bellarmynes workes , but no one can be verified . num . . . . &c. . the authorityes of sundry fathers examined , whether they make to the purpose , for which bellarmyne doth alledge them in his epistle . num . . . . great variety of calum●●ious dealing against the cardinall , for disgracing him . num . . . &c. . how kings and princes are truly seruants of their subiects ; and how their authority is mediatly , and not immediatly from god. num . . . . &c. the ivdgment of a catholicke man , to his friend in england , concerning the apology , for the new oath of allegiance . paragr . i. i cannot but yeild yow harty thankes ( my louing friend ) for the new booke yow sent me ouer by gun●ar , at his last passage : for albeit , i haue determyned with my selfe in this my banishment , to spend my tyme in other studyes , more profitable , then in contention about controuersyes : yet must i needs accept kyndly of your good will , in making me partaker of your newes there . and more gladde should i haue beene , if yow had aduertised me , what your , and other mens opinion , was of the booke in your parts , then that yow request me to write our mens iudgement from hence . and yet , for so much , as yow requ●●●t so earnestly at my handes , and that the party is to returne presently , i shall say somewhat with the greatest breuity that i can : albeit i do not doubt , but that the partyes , that are principally interessed therin , will answere the same much more largely . ii. first then for the authour , for so much as he setteth not downe his name , it seemeth not so easy to gh●sse ; yet the more generall opinion in these partes is , that as , that odious discouery of roman doctryne , and practises , which of late yow haue seene answered , was cast forth against the catholickes , vnder the cyrred name of t. m. with direction ( as he said ) from superiours , the authour being in deed but an inferiour minister ; so dyuers thinke it to be probable , that this other booke also , commeth from some other t. m. of like condition , though in respect of his office , somewhat neerer to his maiesty , to whome , perhaps , he might shew the same ( ●s the other dedicated his ) and therupon might presume to set it forth authoritate regiâ , as in the first front of the booke is set downe , somwhat different from other bookes , and cause it to be printed by barker his ma. ties printer , and adorned in the second page with the kings armes , and other like deuises , wherin our english ministers , do grow now , to be very bold , & do hope to haue , in tyme , the hand , which scot●ish ministers once had . but i most certaynly do perswade my selfe , that his ma. tie neuer read aduisedly all , that in this booke is conteyned : for that i take him to be of such iudgement and honour , as he would neuer haue let passe sundry things , that heere are published , contrary to them both . iii. as for example , his highnes great iudgement would presently haue discouered , that the state of the question , is twice or thrice changed in this apologie , and that thing proued by allegations of scriptures , fathers and councels , which the aduerse part denyeth not , as after in due place i shall shew . and againe he would neuer haue let passe , so manifest an ouersight , as is the charging of card. all bellarmine with eleuen seuerall places of contradiction to himselfe in his workes , whereas , in the true nature of a contradiction or contrariety , no one of them can be proued , or mainteyned , as euery man that vnderstandeth the latyn tongue , and will but looke vpon bellarmine himselfe will presently fynd . iv. nay some of them are so palpable , as euery man of common sense , euen without latyn , or learning , will espy the same : as namely , the very first , where it is said , that card. all bellarmine writeth in his fifth booke of iustification : that , for the vncertainty of our owne proper righteousnesse , and for auoyding of vayne glory , it is most sure and safe to repose our whole confidence in the alone mercy and goodnes of god. which proposition ( sayth the apologie ) is directly contrary to the whole discourse and currant of all his fyue bookes de iustificatione . but euery m●n out of common reason , will 〈◊〉 , that the opposition betweene one place , and fiue bookes , is very gen●●● ▪ and vncertayne to the reader . he should haue c●ted some one or two , or more places , out of those fyue bookes , which in true sense , and wordes had byn contrary to the former place , to the end that iudgement might haue byn made therof : and this in credit he ought to haue done , to conuince so great a man of contradiction to himselfe . v. agayne , it is alleadged for a manifest contradiction in bellarmine , for that in one place he saith : that , the end of the world can not be knowne : and in an other , that within . dayes after antichrists death , the world shall haue an end . but what man is so simple , or sil●y , that will not presently demaund , how we shall know the certaynty , when antichrist is to come ? for therupon dependeth the whole controuersy . vi. in like manner wheras his ma. tie is knowne to be a prince of most honorable respects in treaty , and vsage of others , especially men of honour and dignity , it is to be thought , that he would neuer haue consented , if he had but seene the booke , with any attention , that those phrases of contempt , not only against the pope ( at least as a temporall prince ) but neyther against the cardinall , calling him by the name of m. bellarmine , should haue passed ; for so much , as both the emperour , and greatest kings of christendome , do name that dignity with honour . and it seemeth no lesse dissonant , to call a cardinall , maister , then if a man should call the chiefest dignityes of our crowne by that name , as m. chauncelour , m. treasurer , m. duke , m. earle , m. archbishop , m. bancroft , which i assure my selfe , his ma. tie would in law of honour condemne , if any externall subiect or prince , should vse to men of that state in our countrey , though he were of different religion . wherfore i rest most assured , that this proceeded , eyther out of the ministers lacke of modestie , or charity : and that if his ma. tie had had the perusall of the booke , before it came forth , he would presently haue gyuen a dash of his pen ouer it , with effectuall order to remedy such ouersightes of inciuility . vii . furthermore that generall assertiue note gyuen against card. all bellarmine , that , vvhensoeuer he is pressed with any difficult argument of his aduersary , he careth not to contradict himselfe , so he may declyne therby the present storme , i can hardly belieue that his ma. tie would haue passed ouer with approbation . for so much , as it is so generall , as i said , and would require an induction of many particuler examples , to inferre the same ; wherof no one is heere alledged , that can be stood vnto , and proued to be a true contradiction in deed . that other iniurious and stinging conclusion also , that , there is no greater difference betweene god and belial , light and darknes , heauen and hell , then there is betweene the doctrine of the scriptures , and card. all bellarmines workes , concerrning the dignity of temporall princes , i can not imagine that the equity , and grauity of his ma. tie would euer allow of it , being apparantly a passionate exaggeration , and refuted euery where by bellarmine himselfe , where he teacheth , that temporall princes haue their authority from god , are gods substitutes and vicars , in all temporall affayres of their states and kingdomes , are for such to be obeyed , not only , out of feare to auoyd punishment , but of conscience vnder paynes of damnation : so as , wherin this great and absolute opposition of scriptures to bellarmins works , about the authority and dignity of temporall princes doth consist , i see not . and if his bookes had byn so derogatory to princely authority , as heere is said , it is very like , that so many other monarches , princes , and great states , would neuer haue permitted them to haue bene printed in their dominions , as they haue done , and do dayly . wherfore , neyther this also , do i suppose , that the great wisedome of his ma. tie would haue allowed . viii . this then remayneth most firme in my persuasion , that his ma. tie had nothing to do with the booke , but only , perhaps , the allowance therof in generall termes , before it was published : and this yow will easely see by the substance therof , which consisteth ( such as it is ) of three principall poynts or partes . the first , conteynng , as it were , a preamble to the breues , concerning the nature of the oath exacted , and circumstances therof . the second , touching the contents of the said breues , & the popes manner of proceeding therin . the third , the examination of card. all bellarmines letter to m. blackwell the arch-priest : of all which , i do promise yow , but a small tast , as i said ; for i haue very little tyme , and i should offer iniury to others , to whome it belongeth to make a more full answere , if i should deteyne my selfe long therin . ix . the preamble beginneth with , the monstrous , rare , nay neuer-heard of treacherous , famous , and infamous attempt , plotted within these few yeares heere in england ( of the powder-treason ) infinite in cruelty , singular from all example , crying loudly for vengeance from heauen , &c. all which eplthetes for due detestation of so rash and heynous an attempt , catholicks , no lesse then protestants , do willingly admit ; though for singularity from all examples , if we respect speciem , & non indi●●du●m , that cannot be like to an other in all poynts , there be recounted in historyes , many attempts of the same kynd , and some also by protestants , in our dayes : as that of them , who in antwerp placed a whole barke of powder in the vaulted great street of that citty , where the prince of parma , with his nobility , was to passe : and that of him in h●ge ▪ that would haue blowne vp the who●e counsell of holland , vpon priuate reuenge : as also that of 〈◊〉 in scotland , where the like 〈◊〉 of powder was layd for the cruell murther of his ma. ties father , which not succeeding , his death was achieued by an other , no lesse bloudy , and barbarous , violence . x. but why ( i pray yow ) is this wofull attempt of those vnfortunate gentlemen , so often brought in agayne , and repeated almost in euery corner of this booke ? are they not executed , that were culpable therof ? and are not other catholicks deliuered from the guylt therof , by the long , and diligent search of iustice made thereabout ? the minister himselfe confesseth in his very next lynes , teh equity of his ma. tie to be such , as he professed in his proclamation , & parlament-speach , that be would not vse other catholicks the worse for that , wherof it followeth that he held them for guytlesse ; & that all those pressures both of cosciences & externall afflictiō which since that tyme they haue suffered , and do at this present , were designed before that , and begunne also to be put in execution ( as indeed they were ) and that the powder-treason was not a cause of these afflictions , but an effect rather : that is to say , that those gentlemen forseeing or knowing the course that was designed to be taken , and partly also put in practice , resolued vpon that miserable medium , to their owne destruction , and publike calamity . xi . but alas , is there no end of exprobration against the innocent for the nocent ? no compassion ? no commiseration ? if the clemency of his ma. tie in his gratious proclamation ( as heere is confessed ) gaue security , that , notwithstanding that headlong action of those few catholycke gentlemen , none of the profession should be the worse vsed for that cause ; how commeth it to passe , that so many aggrieuances haue byn heaped vpon them euer since , and are daylie , both by infamous libels published against them , as appeareth by the former t. m. his flaūderous discouery , and others mentioned in the answere therunto ; as also by the new oath , deuised for the vtter ouerthrow , both in soule , if they take it against their conscience , and of body , goods , and estimation , if they refuse it ? how come so many searches of their houses , spoyle of their goodes , apprehensions of their persons , afflictions of their tennants , seruants & friends , so many citations , attachments , vexations , and molestations , that dayly do flow vpon them , as if they were the only malefactours of the land ? xii . and now i pray yow let vs see , how this second t. m. ( if he be authour of the booke , as he is presumed ) doth speake of this oath , as of a thing of no pressure & preiudice at all . for hauing spoken of the former asseueration of his ma. tie , that none of that profession should be worse vsed for that cause , he adioyneth presently : only ( saith he ) at the next sitting downe againe of parliament a forme of oath was framed to be taken by all his ma. ties subiects , wherby they should make cleere profession of their resolution , faithfully to persist in his ma. ties obedience , according to their naturall allegiance : to the end , that heerby his ma. tie might make a separation of his subiects &c. by which exception of ( only ) a man may well perceaue , that this minister maketh litle accompt of taking , or not taking this oath , for so much as he supposeth catholike people to haue receaued no hard vsage therby , though they be brought into such extremityes , as either they must sweare against their owne iudgements , & conscience in diuers pointes , appertayning to their religion , or indure his ma. ties heauy displeasure , with losse of all , that in this ly●e is dearest vnto them : which no catholicke man can auoyd now in england , but he that maketh no scruple to sweate or vnsweare whatsoeuer turneth him best to his commodity , or superior authority doth impose vpon him . xiii . but against this , you will say , that two thinges heere are alledged , and auouched in his maiesties behalfe , by the authour of this pamphlet : the one , that , he intendeth no persecu●ion against catholickes for conscience cause , but only desireth to be secured of them for ciuill obedience : which if it be so , i see not , but that the matter may quickly be ended : for that i presume no catholicke in england , will deny to sweare all cyuill obedience that he oweth to his maiesty , or that any subiect hath euer in former catholicke times sworne to their leige lords or princes , or do in other countryes at this day . the other is , that very many ( sayth he ) of his maiesties subiects that were popishly affected , as well priests as laycks haue freely taken the same oath , wherby they both gaue his maiestie occasion to thinke the better of their fidelity & likewise freed them selues of that heauy slaunder . so he . and then followeth immediatly that his maiesty punisheth none for conscience cause , so they exhibite cyuill obedience . and why then are men kept in prison , after they haue taken this oath ? why are m. blackwell , and m. charnocke deteyned styll by the l. of canterbury ? why are recusants punished , & fyned for recusancy , though they take the oath of allegiance ? is not recusancie a cause of conscience ? do you see how these things do hold togeather . xiiii . to returne then to this booke , the writer saith , that the dyuell could not haue deuised a more malitious tricke , for interrupting this so calme and clement a course , then by sending hither and publishing a breue of the pope , counter-maunding all them of his profession , to take this oath , therby sowing new seedes of iealousy betweene his maiesty and his popish subiects . &c. but what was the calme & clement course before , all men know . for first men were vexed , spoyled , & imprisoned for recusancy ; then was the oath deuised to afflict their consciences : and in these afflictions what should catholicks do ? they first consulted the case which learned men at home ; then also abroad : and albeit at home , some were moued in respect of the compassion they had of the present perill , if it were refused , to thinke that in some sense the oath might be taken : yet none abroad were of that mynd : for that they allowed not of any sort of equiuocation in matters touching faith & religion . and in these , i heare say that the iesuites were among the chiefe & most forward , as heere also is confessed : who notwithstanding before were most accused , bayted and exagitated , both in bookes , pulpitts , and tribunalls , for allowing , in some points , the lawfull vse of equiuocation . xv. about this doubt , catholickes , according to their rule of subordination , and spirituall obedience in such affayres , referring the matter to the iudgment and consultation of their supreme pastour , whome by the principles of their religion they belieue , that our sauiour giueth assistance , for the direction of mens soules ; they receyued from him , after due deliberation , this answere , that the whole oath , as it lay , could not be admitted with the integritie of the catholicke faith. for that albeit diuers partes therof were lawfull , to wit , all such clauses , as appertained to the promise of ciuill and temporall obedience : yet other thinges , being interlaced and mixt therwith , which do detract from the spirituall authoritie of their said highest pastour ( at leastwise indirectly ) the whole oath , as it lieth , was made therby vnlawfull . xvi . and this i vnderstand to be the substance of the popes resolution and answere , though all these particularityes be not set downe in his breues , but onely the oath declared to be vnlawfull in conscience to catholicke men , as it lyeth , without distinction . and what malitious tricke of the diuell them , this may be thought , where sheepe do make recourse to their spirituall pastour , in so great and important occasions of their soules , as these are , i see not . do english catholickes any other thing in this , then that which all english subiects , both great and small , learned and vnlearned haue done , and practised from our first christian kinges , vntill the time of king henry the eight , vpon the point of a thousand yeares ? let the answere to sir edward cookes booke of reportes lately set forth , be examined ; whether it doth not shew , that in all those ages , recourse was euer made to the sea apostolicke , in like occasions , without preiudice of subiectes temporall dueties to their temporall princes . xvii . no one english christian king ( though they were many ) did euer absolutly deny recourse to rome in spirituall things ( notwithstanding in some other cyuill , or mixt matters , vpon different occasions , some restraintes were some tymes made ) from our first king ethelbert to king henry the eyght , as by the said discourse & answere is euidently proued : & much more throughout the noble rancke of the christian kinges of scotland , his ma. ties progenitours , vntill his most renowned progenitrix ( by whome , and from whom he hath his royall right of both crownes ) who is knowne & reputed throughout christendome , to haue died for defence of this catholicke doctrine : for so much , as if she would haue abandoned that , there had byn little doubt of making her away . and the like may be said of all other great christian and catholicke princes of our dayes , as the emperour himselfe , the potent kings , and monarches of spayne , france , polonia , and other states , common-wealthes , and potentates , do not thinke it any disgrace , diminution of honour , perill or iniury vnto them , that their subiects , for matters of conscience , do make recourse to the sea apostolicke , or that , which is consequent therof , the said sea , or generall pastour do interpose his iudgement , declaration , or decision in such affayres . xviii . this is the catholicke doctrine and practise : this hath bene in vse throughout christendome from all antiquity , & no where more then in our realmes of england and scotland , as hath byn said . in this beliefe and practice , liued and dyed all our forfathers , that were subiects , all our noble kings , that were our soueraignes , all our bishops and prelats , that were our pastours , all our great counsellours and lawyers , that by their wisdome and learning gouerned the land , all our nobility , gentry , priests and laytie : so as if now this be holden for a malitious tricke of the diuell , dishonorable and preiudiciall to his ma. tie , his soueraignty , crowne , dignity and security , as heere is insinuated , it must needs be , for that the diuell indeed hath made some change in other men , and matters , by altering of opinions and apprehensions . for the catholicks are the same that they were wont to be , and do thinke the same , belieue the same , teach the same , and practice the same , that all their predecessors haue done before them . xix . but to returne to the apologie . two mislikes are consequently set downe , after the former wordes : the first , that the pope did mittere falcem in alienam messem , by intermedling betweene his ma. tie and his subiects , especially in matters that meerely and only concerne cyuill obedience . the other , that he refuted not particulerly , what speciall wordes he quarrelled in that oath ; which if he had done ( saith the apologie ) it might haue byn , that his ma. tie for the fatherly care he hath , not to put any of his subiects to a needles extremity , might haue byn contented , in some sort , to haue reformed , or interpreted those words with his owne catholicks , and so had they byn therby fully eased in that busines ; or at leastwise , some appearance or shaddow of excuse , might haue byn left vnto them for refusing the same , vpon scrupulous tendernesse of conscience , &c. thus writeth he . which if he do bona fide , and haue besydes any inckling or insight in his ma. ties meaning indeed that way , for the ease or comfort of his afflicted catholicke people ; i doubt not , but that full satisfaction may be gyuen to his royall highnes , in these two poyntes that heere are set downe . xx. for first , about putting the popes hooke in another mans haruest , supposing , as we do , that wee treate of catholicke people only , and according to catholicke doctryne , and in matters belonging to catholicke mens soules and consciences ; it cannot be called messis aliena , an other mans haruest , that the pope dealeth in england , with such kynd of people , and in such causes , as well as in spayne , france , flanders , italie , germanie , polonia , and other states and kingdomes ; for that they are no lesse appertayning to his flocke , care , charge , and haruest , then the rest . neyther doth the materiall separation of our iland , separate vs from the vnion of one body , nor of one obedience to one & the selfe same general head and pastour , no more , then it doth from the vnion of one beliefe , and of one number and forme of sacraments , of one manner of seruice , and other like poyntes , belonging to the internall and externall vnitie of catholicke religion . xxi . but the apologie saith , that , his medling about this oath , is in matters , that meerly and only concerne cyuill obedience : and the same he repeateth in dyuers other partes and passages of this booke ; which if it be true , i will easely graunt that his ma. tie hath cause of iust mislike . but if this proue not so , and that the matters refused in the oath , are poyntes appertayning in deed to religion , then i hope , that by answering fully this poynt , we shall satisfy also the second , why it was not needfull for the pope to set downe any particuler confutation in his breues , but only to say ( as he doth ) in generall , that , the integrity of catholicke religion permitteth them not to take such an oath , in which , both cyuill and ecclesiasticall poynts are couched , and conioyned craftily togeather , with no small preiudice of the said catholicke religion . xxii . and how thē shall we cleare this importāt matter , vvhether there be any pointes in this oath belonging to religion , besydes cyuill obedience ? very easily : by foure seuerall , and distinct wayes . the first wherof shall be taken from the playne expresse wordes , sense , and drift of the oath it selfe : that besydes the acknowledgment of our soueraigne to be true king , and rightfull lord ouer all his dominions , and that , i will be a true loyall subiect vnto him , and other such like clauses , wherat no man sticketh or maketh difficulty ; the said oath conteyneth further , that , i must sweare in like manner some poyntes concerning the limitation of the popes authority , to wit , what he cannot do towards his ma. tie or his successours in any case whatsoeuer . which question being brought from the particuler hypothesis , to the generall thesis , concerning all kings ( for the like reason is also in others ) both in the one & the other ; it toucheth a poynt of doctryne and catholicke beliefe , concerning the sufficiency of pastorall authority , left by our sauiour in his church vnto s. peter and his successours , for redressing of all inconueniēces that may fall out , which i ( being a catholicke ) cannot in my conscience for●weare , without perill of euerlasting damnation . and this is one way of cleering the question . xxiii . an other is , to looke vpon the popes wordes in his breues , wherby will appeare , what his meaning was of the contents of the oath . wee haue heard ( saith he ) how yow are compelled by most grieuous punishments set before yow , to go to the churches of heretickes , to frequent their assemblyes , to be present at their sermons , &c. wherby we are moued by the zeale of our pastorall office , and by the paternall sollicitude which we haue for the saluatiō of your soules , to warne , & pray yow , in no sorte , to go to the said churches , nor to heare their sermons , nor to cōmunicate with them in any externall rytes , least yow do incurre the wrath of god therby . for that , it is not lawfull for yow to do these things without detriment of gods seruice , and of your owne saluation : as also yow may not , without most euident , and grieuous iniury of gods honour , bynd your selfe with the oath , which in like manner to our great griefe , we haue heard , to be administred vnto yow , of the tenour vnder written , &c. and then after the whole forme of the oath set downe , he writeth thus . vvhich things being so , it ought to be cleere , vnto yow , by the wordes themselues , that such an oath can not be taken without domage to the catholicke fayth , and health of your soules : for that it conte●eth many things against the said catholike saith , and health of your soules . xxiv . by these wordes of the breue , we may see playnly , that as the matter of going church , assemblyes , and sermons of those o● a contrary religion , are forbidden by him , as spirituall matters , and acts of a fa●● religion : so is the taking of the oath , not in regard of temporall & cyuil● obedience to his ma. tie ( which by a ●ormer breue his predecessour had permitted , and recommended to an catholicks soone after his highnes entrance vnto the crowne ; but for the admixture of other causes , appertayning to some poyntes of religion as before hath byn●●●d . xxv . the third proofe may be taken out of the ensuing ●etter of card. all bellarmine , who hauing diligently considered with other learned men , of the nature of this oath , doth therfore hold it to be vnlawfull , for that it is so compounded by artificiall ioyning togeather of temporall and spirituall things , cyuill obedience , and forswearing the popes authority , as ( to vse his wordes ) no man can professe his cyail● subiection , and detest treason and conspiracy ( by this oath : ) but he must be forced also to renounce the primacy of the sea apostolicke . and therfore he compareth it to the crafty composition , and commixture of images of the emperour iulian , & of the paynim gods , so coupled and combined togeather in his imperiall banner , as dutifull subiects that were christiās , & desyred to performe their temporall duety & cyuill honour to their soueraigne , could not bow downe to his picture , as the fashion was , but must seeme also to do the same to the heathen idols : which rather then they would do , they were content to suffer cruell death . so as in this case such as denyed to obey in that point , did it not for lacke of reuerence , and loyall affection to their emperour , as odiously it was obiected and amplified against them : but by reason of the mixture of things vnlawfull , with those that were lawfull : and the like plainly is heere in this case , where catholicks are wrongfully accused to deny their acknowledgment of cyuill obedience conteyned in this oath , for that they refuse to take the same : wheras their refusall is not for this , but for other clauses pertayning to their religion . xxvi . fourthly then , for a more full , and fynall cleering of this matter , i can thinke of no better , nor more forcible meane , then to make this reall offer , on the behalfe of euery english catholicke , for better satisfaction of his ma. tie in this poynt , so much vrged of their cyuill & temporall obedience . first that he will sweare , and acknowledge most willingly , all those partes , and clauses of the oath , that do any way appertaine to the ciuill , and temporall obedience due to his ma. tie , whome he acknowledgeth for his true and lawfull kyng and soueraigne ouer all his dominions , and that he will sweare vnto him , as much loyalty , as euer any catholicke subiect of england , did vnto their lawfull king in former tymes , and ages , before the change of king henry the eyght : or that any forraine subiect oweth , or ought to sweare to any catholicke prince whatsoeuer at this day . xxvii . secondly that for the pope , who , by the force of catholicke religion , is the supreme pastour of his soule , he hopeth in gods goodnes , that he will neuer attempt any thing in preiudice of his ma. tie , nor will he euer procure , of his part , that he do : but rather will seeke to stay , or let the same , as much as shall lye in his power ; praying hartily for them both . but for so much , as the question of his authority , what he might do , in certayne vrgent cases , for the preseruation of any countrey , and for the vniuersall good of gods church , is a matter belonging to doctrine & religion , he cannot with safety of his conscience sweare vnto the articles and branches of the oath touching that poynt . xxviii . heere then wee see that all ciuill obedience , and humble acknowledgment of all temporall duety is offered to his maiestie by his catholicke subiects , in most ample manner , that can be deuised , or that is offered to any christian catholicke prince lyuing . and if this be not accepted , then is it euident , that more is required , then meere and only ciuill obedience , as heere is often auouched . xxix . and now , for so much as it is said heere in like manner , that very many of his ma. ties subiects , that were popishly affected , as well priests as laycks , did freely take the same oath ( which he calleth a blessed successe frō god of this godly and wyse intent , in deuising and proposing the same : ) i shall be forced also to say somwhat of this matter , before i passe any further . and first of all , concerning the freedome , wherby it is heere said , that priests and laycks did freely take the same ; no man , i thinke , will deny , but that the taking of this oath is proposed by the statute it selfe vnder paine of the losse of all goods and lands , and perpetuall imprisonment to him , that shall refuse it : which is the very same freedome , and no other that a merchant hath in a tēpest , eyther to cast out his goodes into the sea , for lightening his ship , or to be drowned himselfe . and though aristotle in his ethicks do seeme to hold it to be simpliciter inuoluntarium , simply against the will of the doer , and catholicke deuynes , that it is inuoluntarium secundum quid , in part inuoluntary and simply voluntary , for that , all circumstances considered , he resolueth fynally to be the best to cast out his goods and saue himselfe : yet all agree in this , that freedome is taken away by this constraint of the passion of feare : for that freedome requyreth full liberty to both extreames or obiects , that are proposed ; which is not in our case . for that the displeasure of the prince , the losse of goods and liberty , the ruyne of his family , the terrour and perswasion of his friendes , are heauie poyses , and do mightily preponderate on the one side : and consequently the mention of this freedome , might haue beene pretermitted , for so much , as no constraint of humane will can be greater , then this . and yet is it said in the oath , that he must do it , both willingly and hartily , and as he belieueth in conscience . let the discreete reader consider what coherence there is in their tale . xxx . secondly , as for that multitude of priests , & laycks , which he sayeth , haue freely taken this oath ; as their freedome was that , which now i haue mentioned , and a principall motiue ( as may be presumed ) the desyre they had , to giue his ma. tie satisfaction , and deliuer themselues , and others so much as lay in them , from that inference of disloyall meaning , which vpon the denyall therof , some do vse to make : so i cannot , but in charity assure my self , that they being catholicks tooke the said oath ( for so much as concerneth the popes authority in dealing with temporall princes ) in some such lawfull sense , and interpretation , as ( being by them expressed , and accepted by the magistrate ) may stand with the integrity , and sincerity of true catholicke doctrine , and faith : to witt , that the pope hath not authority without iust cause , to proceed against them : quia illud possumus , quod iure possumus , saith the law : our authority is limited by iustice. directly also the pope may be denyed to haue such authority against princes , but indirectly only , in ordine ad spiritualia , and when certayne great , importāt , & vrgent cases , concerning christian religion fall out , which we hope will neuer be , betweene our soueraigne , and the sea apostolicke ; for so much as they haue past already , many yeares ( though in different religions ) in peace , and quietnes euen since his ma. tie began first to raigne . xxxi . but concerning the generall question , to deny simply and absolutely , that the pope is supreme pastour of the catholicke church , hath any authoritie left him by christ , eyther directly or indirectly , with cause , or without cause , in neuer so great a necessity , or for neuer so great and publicke an vtility of the christian religion , to proceed against any prince whatsoeuer temporally , for his restraint or amendment , or to permitt other princes to doe the same : this , i suppose , was neuer their meaning that tooke the oath ; for that they should therby contradict the generall consent of all catholicke deuines , and confesse , that gods prouidence , for the conseruation , and preseruation of his church , and kingdome vpon earth , had bene defectuous , for that he should haue left no lawful remedy , for so great and excessiue an euill , as that way might fail out . xxxii . wherefore , for so much as some such moderate meaning , must nedes be presumed , to haue bene in those that tooke the oath , for safeguard of their consciences ; if it might please his maiesty to like well , and allow of this moderation , and fauourable interpretation , as all ●orreyne catholicke kings and monarchs doe , without any prejudice at all of their safety , dignity , or imperiall preheminence : i doubt not but he should fynd most ready conformity in all his said english catholicke subiects , to take the said oath , who now haue great scruple & repugnance o● conscience therin : both for that the chiefest learned men of their church , doe hold the same for vtterly vnlawfull , being mixed and compounded , as it is , and the voyce o● their chiefe pastour , to whome by the rules of their religion , they thinke themselues bound to harken in like c●ses , hath vtterly condemned the same : and the very tenour of the oath it self , and last lines therof are , that euery one shall sweare without any equiuocation , or mentall reseruation at all , that is to say , hartily , willingly , & truely vpon the true faith of a christian. which being so , they see not how they may take the said oath in truth of cōsciēce : for so much , as they find no such willingnes in their harts , nor can they induce themselues in a matter so neerly concerning the confession of their faith , to equiuocate or sweare in any other sense , then from his maiesty is proposed : and therefore doe thinke it lesse hurt to deny plainly , and sincerely to sweare , then by swearing , neither to giue satisfaction to god , nor to his maiesty , nor to themselues , nor to their neighbours . and so much of this point . xxxiii . there followeth an other , which is the third , about this matter , where this apology saieth , that god did blesse this godly deuise and intent ( of making and vrging this oath ) by the admittance thereof by so many priests & la●cks : &c. which blessing ( if it be a blessing ) must concerne eyther the takers , or the exhibitours , or both . but for the takers , what inward blessing of comfort in conscience they may haue receaued thereby , i know not ; but for outward blessing , i see small , for they remaine , either in prisons , or vnder pressures still , as hath bene said . but for others of the same religion that cannot frame their consciences to take the said oath , and yet would gladly giue his royall maiesty contentment & satisfaction , so farre as they might , without offending god ; i can assure yow , that it is the greatest affliction of mynd , among other pressures , that euer fell vnto them . for that no violence , is like to that , which is laied vpon mens consciences ; for so much , as it lyeth in a mās owne will & resolutiō , to beare all other oppressions whatsoeuer , whether it be losse of goods , honours , dignityes , yea● of life it self : but the oppression of the conscience , no man may beare patiently , though he would neuer so faine . for if he yield therein , he offendeth god , and leeseth his soule : neyther doth metus cadens in constantem virum , feare that may terrify euen a constant man , excuse in this behalfe , as appeareth by the example of the auncient martyrs , who were forced , vnder paine of damnation , to stand out to death against all humaine power , vexations , torments , and highest violence , rather then to doe , say , or sweare any thing against their conscience . to all these men then , which are thowsands in our countrey , that neuer thought otherwise then to be good subiects to his maiesty , the deuising of this new oath , was no blessing , but an vnspeakeable affliction , and angariation of mynd . xxxiv . to the exhibitours also , i see not what blessing it could be , or can be , so extremely to vex other men without any profit , or emolument to themselues , or to his maiestyes seruice , which herin they would pretend to aduaunce . for if there be any cause of doubt , of loyall good will in them , that are forced to sweare against their consciences : much more cause and reason may there be of like doubt , after they haue so sworne , then before . for that the griefe of their new wound of conscience remayning full within them , and stirring them to more auersion of hart , for the iniury receaued , must needes worke contrary effects to that which is pretended . and whosoeuer will not sticke to sweare against his conscience for feare , fauour , or some other like passion , may be presumed , that he will as easily breake his oath , after he hath sworne , vpon like motiues , if occasions doe mooue him . and among all other passions , none is more strong , then that of reuenge for oppressions receaued : so as we read of the whole monarchy of spaine ouerthrowne , and giuen to the mores , for one passion of count iulian , wherby he desired to be reuenged of his king ●oderiquez . nothing then is gotten in this behalfe of loyall good will , by such extreame pressures , but much rather lost . xxxv . but besides all this , is the grieuous sinne which they commit , who force , & presse other men to sweare against their consciences , then which , almost nothing can be imagined more heinous : for it is to thrust men headlong ( especially such as are fearfull ) into the very precipitation and downfall of hell it selfe . for it is the highest degree of scandall actiue , so much condemned and detested in scriptures , and so dredfully threatned by our sauiour , to be seuerely punished in the life to come : for that scandalizing properly , is nothing else , but laying a stumbling-block for other men to fall , and breake their necks . and such a one is this formall oath , which conteyneth diuers things lawfull for a catholicke to sweare and other things vnlawfull : and he is forced by terrour to passe ouer , and swallow downe the one with the other , without distinction , with mani●est repugnance of his conscience ; which repugnance to him , is alwaies a synne , & damnable in such a publicke and weighty action , though the matter were lawfull in it self , and consequently also vnto them , that force him to the same , eyther knowing or suspecting his said repugnance of conscience . for he that should force a iew , or turke to sweare , that there were a blessed trinity , eyther knowing or suspecting that they would doe it against their conscience , should synne grieuously , by forcing them to committ that synne . this is catholicke doctrine , which i also thinke the learned protestants themselues will not deny . xxxvi . here if any man obiect , that among vs also men are vrged to take oathes , and to abiure their opinions in the tribunalls of inquisitions , and the like ; and consequently in this oath they may be forced vnder punishment to abiure the popes temporall authority in dealing with kings : i answere first , that if any hereticke , or other should be forced to abiure his opinions , with repugnance of conscience , it should be a synne to the inforcers , if they knew it , or suspected it . neyther is it practised or permitted ●n any catholicke court , that euer i knew . but yow will reply , that if he doe it not , he shall be punished by death , or otherwise , as the crime requireth , and canons appoint , and consequently the like may be vsed towards catholickes , that will not renounce their old opinions of the popes authoritye : but heere is a great difference ; for that the catholicke church hath ius acquisitum , auncient right ouer hereticks , as her due subiects , for that by their baptisme , they were made her subiects , and left her afterward , and went out of her ; and she vseth but her auncient manner of proceeding against them , as against all other of their kynd and quality from the beginning . but the protestant church of england hath nullum ius acquisitum vpon catholicks , that were in possession before them , for many hundred yeares , as is euident . neyther was there euer any such oath exacted at their hands , by any of their kings , in former catholicke tymes : neyther is there , by any catholicke forreyne monarch , now liuing vpon earth , and consequently , by no reason or right at all , can english catholicke men , be eyther forced or pressed to this oath against their conscience , or be punished , beaten , or destroyed , if for their conscience they refuse to take the same : humbly offering notwithstanding to their soueraigne , to giue him all other dutifull satisfaction , for their temporall obedience and allegiance , which of loyall catholicke subiectes may be exacted . and this shall suffice for this first point , concerning the contents and nature of the oath . now shall we passe to say somewhat of the breues , and answere made thereunto . concerning the popes tvvo breves , against the receauing of the oath . paragr . ii. the summe of the popes two breues the first of the . of september , anno . the second of the . of august the next yeare following , is this : that wheras he had heard , that the catholicks of england , were very sorely pressed with a new deuised oath , against their consciēces , concerning certayne poyntes , appertayning to the authority of the sea apostolicke , in some cases ; he wrote the first breue , to admonish , comfort , and direct them ; signifying his harty sorie for their long continued afflictions , and exhorting them to patience , and constancy in defence of the integrity of catholike faith , and the purity of their owne consciences . and after this setting downe verbatim the whole oath , as it lyeth in the statute , he condemneth the taking therof , as vnlawfull vnto a catholicke man , in regard of diuers clauses therin conteyned , contrary to the said integrity of catholicke faith , and health of soules ; though in particuler , he descendeth not to dispute , or discusse the reasons , or poynts , therof , as became not a iudge : especially seeing ( as he saith ) the matters themselues be euident by the wordes of the breue . and wheras this first breue was soone after called into question by some , as not proceeding from the popes owne motion , and intention : his second breue was set forth to approue , ratify , and confirme the former ; assuring all catholicks , that both the one , and the other came from him directly , sincerely , & vpon due deliberation , and consequently ▪ that they were to be acknowledged , and obeyed by all true catholicke people . this is the summe of what the pope wrote : now lett vs see , what aduantage is taken by the apologer against the same . ii. first of all he felleth at the popes sorrow for catholicks afflictions , making them to be none at all : and wheras the late q. elizabeth is not so much as named in eyther of these breues , this man will needes bring her in perforce , and iustifie her actions against catholicke people , therby the more to animate his ma. tie to follow her example , setting downe this notorious fa●se position concerning her , and her doings , that according to his owne knowledge , her ma. tie never punished any papist for religion . which how he can iustify , or by what equiuocation mantayne , i know not . but being not content with this , he passeth further , and rageth exceedingly against those innocent priests , students , and others , that only for the profession of their religion , gaue vp their lyues vnder her , as by their inditements , and arraignements in publike record doth appeare , and concludeth finally both of her , and them , thus : this gracious princesse was as free from persecution , as these hellish instruments from the honour of martyrdome . and yet further , very profanely : hauing now sacrificed , as i may say ( quoth he ) to the manes of my defunct soueraigne , as well for the discharge of my particuler duty , as loue of verity ; i must next performe my duty also to his ma. tie present , &c. iii. wherunto a man might answere , that if he performe it with no more verity to his present soueraigne , then he hath done to his defunct soueraigne past ; he will gayne little grace ( i suppose ) with his ma. tie whom i hold to be of that noble nature , and magnanimity , as that he taketh such grosse-lying-flattery , father for iniury , then obsequie . but as for his heathen , prophane sacrificing to the manes or hob-gob-lins of his late lady ; i confesse , that it is an office fitter for a protestant-minister , that thinketh it vnlawfull to pray for her soule , to deale with her manes or infernal spirits , then with celestiall , by praying for her to saints . but would god these manes might now haue licence to appeare , and talke with him , and relate what passeth with her after all this ioylity , and ruffe in this world ; i doubt not but they would coole his excessiue veyne of flattering vanity . for if all the old platforme of saints lyues , prescribed in scriptures and practised by seruants of god , were not erroneous & vayne , as much fasting , continuall prayer , dayly mortification , frequent recollection , diligent chasticement of their bodyes , humble and feruent deuotion , labouring and working saluation in feare and trembling , aboundant almes-deedes , haire-cloth and ashes , contrition , sorrow and sobbing for synnes : if these things ( i say ) were the ancient wayes to lyfe , and to euerlasting saluation : then must the pathes of q. elizabeth , which are knowne by most men , to haue byn , eyther wholy different , or most opposite to these , lead to an other opposite end , quia vnusquisque recipiet , secundum opera sua . iv. but not to enter into these melancholicke matters of her manes , or of the other world , to make any certayne iudgement therof , before we arryue thither : i will only speake a word or two of the world present , and this with protestation , that it is wholy against my will , and against the generall inclination ( as i take it ) of all catholicke people , who would in charity be content , that the memory of her actions , & iniuryes against them , being neuer so many , & iniurious , were buried with her body ; as may well appeare by their long silence therin since her death . but the continuall egging of the aduersary is such , as forceth vs to say somwhat , for our owne defence , and for cleering the cause , and men , by her so eagerly and iniuriously pursued . v. this minister then , as in part you haue heard , maketh her , the most myld , dol●e , patient , and clement princesse in the world , euen vnto catholicks , whose bloud she shed so aboundantly , both at home , & abroad , during all the time of her raigne : nay , that her ma. tie neuer punished any papist for religion : and , that she was most free from all persecution : that she neuer medled with hard punishment of any catholicke , nor made any rigorous lawes against them before the excommunication of pope pius quintus , that was in the eleuenth yeare of her raigne : and yet is it knowne , and cannot be denyed , but that the most grieuous law , & oath of supremacie , & rigorous penall statute against saying , or hearing masse , were made long before that tyme : and that all the bishops , prelates , religious , & chiefe ecclesiasticall men were depryued , spoyled , imprisoned , or forced into banishment : and this before the pope vsed any censure against her at all : so exact , & punctuall is the truth of this ministers narration . and not content with this , he doth prosecute odious comparisons , betweene the pope , & her , laying all the origen of hurts and wickednes to him , and merit of vertue , and innocency to her , which is the very same , that is mentioned by the prophet , to call euill good , & good euill . vi. nor is he alone in this deuise , but that all ministers commonly , and ministers mates of later dayes haue taken vp this common place , to celebrate her high prayses , for disgrace of catholicks . and one among the rest , that for his place , should haue more equity and discretiō , hath declaymed vpon this matter in publicke audience more then once , especially vpon the occasion of certayn words in pope clements breue , where she is named misera foemina , a miserable woman ( in respect no doubt of the myseries of her soule , little respected by her : ) vpon which words the orator triumpheth thus , vvhat miserable ? it is said , that , miseria constat ex duobus contrariis , copia & inopia , copia tribulationis , & inopla consolationis , misery consisteth of two contraries , of aboundance , and penury , aboundance of tribulation , & penury of consola●ion . and then he sheweth in what aboundance of consolations q. elizabeth lyued in all her life , & without want of all tribulations : which if it were true ; yet is it but the argument which the worldlings vsed in the psalme , to proue their felicity , that their cellars are full , their sheepe fertile , theyr kyne fatt , they suffer no losse : and then , beatum dixerunt populum cui haec sunt ; happy did they call the people that had these things . but the holy ghost scorneth them , and so may all men do our orator , that vseth and vrgeth so base an argument , in so high a matter . vii . and as for his definition of miserie , by copia and inopia , store and want , it is a miserable one indeed , and neuer heard of before , i thinke , to come from any mans mouth , but his owne : it being ridiculous in philosophy , and fitt to be applyed to any thing that hath either store or want : as a wise man in this sort may be defined to be him , that hath store of witt , and want of folly ; and a foole to be him , that hath store of follie , and want of witt ; and so a rich man is he that hath store of riches and want of beggary , and a poore man is he , that hath store of beggary , and penury of riches . and are not these goodly definitions ( thinke you ) for so great and graue a man to produce ? viii . but to returne to the matter it selfe of q. elizabeth her store of consolations , and penury of desolations in this life , vvho ( saith this our orator ) was so myraculously protected by god , so strengthened and fortified , as she did beate her most potent enemy , did sett vp a king in his kingdome , de●ended nations , harboured distressed people , and the like . supposing all this were true , that she had such temporall felicity in this lyfe , and were so miraculously protected , strengthened , and fortifyed by god as heere is said : yea and that it were euident , that god had chosen her for his elected seruant ( which yet doth not appeare ) and gyuen her that tytle and power , to afflict the catholicks : yet had that byn no more , then we read in the scriptures to haue byn gyuen to dyuers pagan princes , and namely to nabuchodonosor , of whom ieremy the prophet testifyeth in sundry places of his prophesy , that god chose him , called him his seruant , and gaue him speciall power , fauour , & protection to afflict his people . ego dedi omnes terras istas in manu nabuchodonosor regis babylonis serui mei , saith god : i haue gyuen all these countryes into the hands of nabuchodonosor king of babylon my seruant , and all nations shall serue him , & yield obedience to him , and to his sonne , and sonnes some : and what soeuer nation shall not serue him , & bow his necke vnder his yoke , i will visite that nation with the sword , with famyne , and with plague , till i haue consumed them by his hand . and agayne in an other place : i will choose vnto me my seruāt nabuchodonosor king of babylon , & will bring him vpon this land , and vpon all the inhabitants therof , and vpon all nations round about &c. and yet further god said vnto ieremy : thus saith the lord of hostes , i shall take vnto me my seruant nabuchodonosor , and shall place his throne vpon these stones &c. ix . by all which is euident that syr edward cookes argument is worth nothing : that for so much as god so miraculously protected q. elizabeth , ( if it were myraculous , ) so strengthened , and fortifyed her , as she did beate her most potent enemy , & did set vp an other king in his kingdome ( 〈◊〉 any such thing were : ) yet this did not make her happie . as neyther it did nabuchodonosor , of whome god said in the same place , that when he had serued his turne of him , and wrought his will by his hand , and people , for the purging or his owne elect ; he would visit vpon him also , and his countrey , and that in a ●arre more grieuous sort : ponam i●am in solitudines sempiternas , & reddam eis secundum opera eorum , & secundum facta manuum suarum : i shall make that countrey , all euer a●●ng w●●de●nes , and shall res●ore to them ( that afflicted my peop●e ) according to their workes , and to the deeds of their owne handes against my people . this then was his ●e●icity to be a scourge to others , and fynally also to himselfe most of all . x. and the like . i doubt not , may be said of q. elizabeths ●licity agains● catholicks , it we knew all , that in the last day or iudgment will appeare , and wherof her lamētable end may gyue great presage to them that are wise . for that for a woman of so long and large a lyfe , as hors was , to passe hence to eternity with so small sense or 〈◊〉 of god , as neuer so much , as to name him , nor to suffer * others to bring in any speach therof , as they attempted to do , is so pitti●ull an end , as can lightly said to a christian soule : the story or which vpshot o●hers , i haue read written by a person of much credit that was present at all her last sicknes , combats , and death , and relateth all that passed as an eye witnesse , which i passe ouer for breuity and modestyes sake ; but it will remayne to posterity , as a dreadfull patterne of a miserable end , after a lyfe of so much ioylitie . xi . and thus much for spirituall infelicityes , reaching to the next world , and lyfe or death to come . but if we would rest our selues only vpon vayne & brickle felicityes of this world , they were not ( alas ) so great in queene elizabeth , but that they were mingled and interlaced with many , and great infelicityes in like manner , and these such , as did euen in the eyes of worldly men , ouerpoise the other , especially with them that repute honour and dishonour among humane felicityes , & infelicityes . for what more dishonorable infelicity can there be , then that which standeth in capito libri of q. elizabeths lyfe ? to witt , the publike solemne statute , and act of parliament , made within few dayes after she was borne , vpon the . yeare of king henryes raigne , and yet extant in print , wherin it is declared , not only by the iudgment of the king , and of a●l that parliament , but by the iudiciall sentence also of archbishop cranmer , she was pronounced , to be vnlawfully borne , and that her mother was neuer king henryes lawfull wyfe : wherupō the said statute vseth these wordes : that it was against all honour , equity , and good conscience , that the said elizabeth should succeed in the imperiall crowne of england . and could there be any greater worldly infelicity thēthis . xii . i let passe many other infelicities , which happened by her occasion to sundry , as well vnder the raigne of king edward , as the ruyne of the seymers vpon the admiralls falling in loue with her , and making away his former wife queene catherine parre to enioy her ; as also vnder queene marie , when so many rebellions of vviat , courtney , carewes , stafford , & others , were made for her . but her owne raigne had most infelicities for her , if they were well considered : and i could touch many , but modestie forbiddeth . and least i should seeme to speak out of reuenge , let this one consideration serue for all ; that after all her afflicting catholicks , and by that exercise , vpon the egging of others , more then of her owne propension , she was drawne into continuall suspitions , ●eares , and frights of her mynd and spirit , euen in the midst or all these sensuall delights , & contentments ( admired so much by her attorney ) which draue her to a point , wherunto by nature she was not thought much inclyned , and by profession and protestations , she most condemned in others , to wit , cruelty , which in effect was such , out of the fore said feares , towards catholicke religion , as neuer perhaps ( yea without perhaps ) were so many seuerall lawes , & punishments deuised by any one persecutour , nor many putt togeather , as are extant of hers in print , against the pro●essours of that religion , wherof herselfe had byn one , and in secret or priuate speaches also would not deny , to be in sundry poyntes , euen to her dying day . and was not this a great in felicity ? when strāgers do read & behold her edicts & statutes , wherin not only the whole vse of catholicke religion is condemned , and vnder greiuous punishment prohibited : but men are forced also , by rigorous penall lawes to go to the churches of a contrary religion , to communicate with them , to do acts , and sweare against their owne religion , faith and consciences : that there are seuere punishments , of losse of goods and lands , for receyuing an agnus dei , or a medall , or crucifix : greiuous punishments , for keeping of a catholicke seruant , or schoolemaister to teach and bring vp their children , or to send them ouer seas to catholicke schooles : yea , that it is the payne of death it selfe to be reconciled , by confessing his synnes to the roman church , or to the vnion of ●aith , with the head therof , or to perswade another to be a catholicke , or do the same : when they read these things ( i say ) and many others , which for breuity i pretermitt , and that all this notwithstanding , she would not haue it said , that she persecuted any for religion ( which in manner this apologer sticketh not to auouch ) nor put any priest to death for that cause in deed , wheras notwithstāding she shed the bloud of aboue one hūdred and thirty , that might haue had their lyues euen at the last cast , if in this one point of religion they would haue yielded neuer so little . all this ( i say ) being read and considered , seemeth vnto forreiners a strange infelicity both of body and soule . xiii especially when it is considered to what perpetuall iealosy at length she was brought vnto , of all sorts of people , puritans , papists , yea of her owne dearest , as the death of the earle of essex , and his followers , doth easily declare . neyther was there any weeke lightly , but that she had some new feares , of some priest or iesuite , or catholicke soldiours sent from flanders , france , or italy to kill her by violence , others from spayne , and other countryes to poyson her , or at at least , her * chaire . and vponsuch fancyes , men must be made away for greater terrour ; yea iewes must be brought in also in this kynd of pretended poysoning , as the case of doctor lopez well declareth . nay further this gryping passion of feare and iealosy did so vexe & consume her inwardly , as she was neuer well , vntill she had made away , against all law of nature and nations , the nearest vnto her in royall bloud , that lyued vpon earth , and coequall with her in dignity , if in sundry respects not superiour , i meane his ma. ties noble renowned mother , queene of france & scotland , that by force of the former statute , which declared this other for illegitimate and incapable of the crowne ( as now yow haue heard ) should haue enioyed the crowne of england presently after the death of q. marie , & consequently his ma. tie had enioyed the same . yeares at least , before he came vnto it after her death , who of all other lyuing creatures , is knowne most hartily to haue hated that yssue & succession . and as she went about to disinable the same in the very roote & foūtayne it selfe , by seeking the disgrace of the ofspring , by dishonour of the origen : so neuer ceased she afterward to continue practises against them both , vntill she had wracked the one , and brought the other also to great probability therof , if she might haue lyued to her will , or haue dyed with such vse of senses and iudgment , as might haue made way to her bad affections in that behalfe . xiv . well then , all this i haue beene inforced to speake vpon this occasion : first to represse somwhat therby the insultation of our foresaid orator , in calling her , the happy queene , the blessed queene , whose vnmatched wisedome , and vnconquered prowesse ( to vse his words ) crowned her the peerlesse wonder of her sexe . all which tendeth to the exprobration of catholicks , for hauing had so happy & peerles a persecutour ; and to the insultation also ouer the pope , for calling her in his breue , as he saith , miseram foeminam , a miserable woman : which how true or false it is , i leaue to the prudent reader out of the former discourse , about her byrth , youth , age and end , to censure . xv. secondly i do heerin but imitate the first ancient fathers , that wrote for defence of those holy martyrs , that dyed for christian religion in the primitiue church , as namely , iustinus martyr , irenaeus , tertullian , and others , who to comfort the afflicted , and to honour more their cause , did put them in mynd what manner of people their first persecutours were ; as namely nero and domitian , what lyfe they led , what end they made , and the like ; and that indeed they were fit instruments , to be the first , in such a worke . and the like we may say to catholicks of q. elizabeth , that she being the strangest woman that euer was borne for diuers circumstances , now partly touched , and the first absolutly of that sexe , eyther christian or created , that tooke vpon her supreme power in spirituall and ecclesiasticall matters ; it must needes be some comfort to catholicke people , that god chose such an instrument to be their first scourge , out of all woman kynd . xvi . and lastly , for that this apologer will needs take vpon him , to sacrifice to her manes : i thought my selfe obliged to offer some incense in like māner to the same , for mitigating the euill sent , which that notorious vntrue assertion must needs import , to the senses of all vnderstanding readers : that , queene elizabeth neuer punished any papist for religion , nor made any rigorous law against them , before pius quintus his excommunication , nor since that tyme , but vpon priuate plots , machinations , &c. for cleare confutation wherof , i remit those of the elder sort that lyue in england , to their owne eyes , eares , and other externall senses , and those of yonger age , to the books of statutes , of q. elizabeths tyme , iohn stowes chronicle , and other such publicke records . and so much of this poynt . xvii . next after these exaggerations of the clemency and indulgence of q. elizabeth towards catholicks , this apologer passeth on to bestow some of his adulation , and oleum peccatoris , vpon his ma. tie in like manner that now raigneth , telling vs , that his kyndnes and benefits bestowed vpon that sort of people , haue bene farre greater then those of q. elizabeth ; which may easily be , as , by that , which hath bene touched , may appeare . yet do we verily perswade our selues , that if his highnes had byn left to himselfe , and to his owne royall nature , and noble disposition in this poynt ( as * q. elizabeth was wont to say of her disposition in religion ) we had tasted , indeed , much of this his great humanity , and so we began , for some tyme : but being preuented and diuerted by the subtile workings of this , and other such ministers , as desyred to draw bloud , and to incite his maiestie against vs , we hauing no place to speake for our selues , no admittance to be heard , no effectuall intercessour to interpose his mediation for vs ; no maruaile though wee were cast of , and do indure the smart . xviii . and i do name this minister ( t. m. the yonger ) in the first place among the rest , for that it is commonly said , that his whole exercise is sycophancy and calumniation against men of our profession , be they strangers , or domesticall : and that among other deuises , he hath this ; that euery tyme his ma. tie is to take his repast , he is ready , eyther with some tale , iest , scoffe , or other bitter lance to wound vs absent , and that he hath euer lightly , some booke and page therof , ready to read to his highnes , somewhat framed by his art to incense or auert his ma. tie more , eyther in iudgement , or affection , or both ; and therby to draw from him some hard speaches , which being published afterward by himselfe , and others , do serue to no other end , but to ga●l and alienate myndes , and to afflict them , that are not suffered to giue reason for themselues . and that is the seruice he doth his ma. tie in this exercise . xix . and as for the places themselues , which he vseth to bring forth with his wet finger , as is said , we are to imagine , that they are no better , nor more fitly applyed , then such as he hath sett forth against vs in this booke , & perhaps somewhat worse , for that he might probably thinke , that this booke would be examined , comming forth with so great pretence of authority , as it doth : and therfore if heere yow fynd him to vse calumniation , & most impertinent citation of authours , and authorityes , eyther wholy making against himselfe , or nothing for his purpose , or against vs : then may yow thinke what liberty he will take to himselfe there in speach , where no man is like to contradict him , but all applause is expected from the standers by . xx. let vs heare , if yow please , one exaggeration of his , concerning his ma. ties myldnes vnto vs , and our ingratitude in abusing the same to pryde . his ma. ties gouernment ( saith he ) ouer them hath so far exceeded that of q. elizabeth , in mercy and clemency , as the papists themselues grew to that height of pryde , in confidence to his myldnes , as they did directly expect , and assuredly promise to themselues liberty of conscience , and equality with vs in all things , that are his best , and faithfull subiects &c. do you see what a height of pride this was ? and what an abuse of his maiesties mercie and clemencie , to expect libertie of conscience ? why had he not obiected in like manner , that they expected the libertie of breathing , and vsing the common ayre , as well as protestants ? for that neither breathing , nor the vse of cōmon ayre , is more due vnto them , or common to all , then ought to be libertie of conscience to christian men , wherby ech one liueth to god , and to himselfe , and without which he strugleth with the torment of a continuall lingring death . xxi . and surely , i cannot but wonder , that this minister was not ashamed to call this the height of pride , which is generally found in all protestants neuer so humble : yea the more humble , and vnderlings they are , the more earnest are they both in bookes , speaches , and preachings , to proue that liberty of conscience is most conforme to gods law , and that wresting , or forcing of consciences , is the highest tyranny , that can be exercised vpon man. and this we may see first , in all m. fox his history , especially during the time of the three king henries , . . and . and afterward , when those that were called lollards , and vvickcliffians , who as m. fox saith , were indeed good protestants , being pressed somewhat about their religion , did continually beate vpon this argumēt of libertie of conscience , and when they obteyned it not , they set vp publicke schedles vpon the church dores of london , and made those famous conspiracyes of killing k. henry the . and all his family , which are recounted by vvalsingham , stow , fox , and other english historiographers . xxii . in this our age also , the first oppositiō of protestant princes in germanie , against their emperour charles the . both at smalcald , austburgh , and other meetings ; as afterwards also the fierce and perillous warrs by the duke of saxony , marques of brandeburge , and other protestant princes , and their people , against the same emperour , begunne in the very same yeare that our k. henry dyed . were they not all for lyberty of conscience ? so pretended , so printed , so published , so diuulged to the world ? the first supplications , memorialls , and declarations in like manner , which the protestants of france set forth in print : as also they of holland , & zeland in tyme of the gouernments , as well of the duchesse of parma , duke of alua , commendador mayor , and other gouernours : did they not all expresly professe , that their principall griefes were , about liberty of conscience restrayned . and did not they cyte many places of scriptures , to proue the equity & necessity therof ? and do not all protestants the like at this day , in all places , where they are , both in polonia , austria , hungaria , bohemia , styria , and els where ? and how thē is iordanis conuersus retrorsum , with this minister ? how is his voyce contrary to the voyce & sense of all the rest ? how , & with what reason , may he call it the height of pryde in english catholicks , to haue but hope therof , which is so ordinary a doctrine & practice of all his brethren in forraine nations , to witt , for vs to expect liberty of conscience , at the first entrance of our new king , of so noble , and royall a mynd before that tyme , as he was neuer knowne to be giuen to cruelty , or persecutiō in his former raigne ? the sonne of such a mother , as held her selfe much beholden to english catholicks ? and himselfe in his litle golden * booke to his sonne the prince , had confessed that he had euer found the catholicke party most trusty vnto him , and therupon had done sundry fauours to diuers of them , and gyuen no small hope of greater vnto others ? xxiii . from this king ( i say ) whom they so much loued , and honoured , receyued so gladly , and with vniuersall ioy , meant to serue faithfully ; & trusted that as he had vnited the two kingdomes in one obedience by his succession : so would he by his liberality , vnite and conioyne the harts of all his subiects , in bearing a sweete and equall hand towards them all : from such a king ( i sa● ) or vs to expect liberty of consciēce , and equality with other subiects ( in this poynt at least of freedome of soule ) what height of pryde may it be called ? may it not rather seeme height of pryde in this minister , & his ●ellowes , that hauing byn● o●d enemyes , and alwayes borne a hard , & hate u●●hand , and tongue against his ma. tie both in their sermons , bookes , speaches , all the tyme of the late queenes raigne ; now vpon the suddayne sine vllis meri is praecede●●ious , will needs be so priuiledged , & assume vnto themselues such a confident presumption of his ma. ties speciall fauour , as to suffer no man to stand by them , but to hold it for height of pryde in vs , to hope ●or any freedome and liberty o● our conscience at al● ? what is height of pryde and so●l● , i● this be not ? xxiv . but his ma. tie is wise , & will , as we hope , according to his prudence , in tyme , looke into this sort o●men , and manner of proceeding . and to returne to the apologer , he reckoneth vp ( therby to exaggerate the more our ingratitude ) the particuler fauours his ma. tie did vnto vs , at his first entrance , as , that he did honour diuers catholicks with knighthood , being open recusants : that , he gaue audiece indifferently to both sydes : bestowed equally fauours and honours vpon both professions : gaue free con●inuall accesse to all rankes , and degrees of papists in his court and company : freeing recusantes from their ordinarie payments : gaue order to his iudges with his owne mouth , to spare execution of all priests , though they were conuicted : gaue libertie by his gracious proclamation to all priests not taken , to go out of the countrey by such a day , and all priestes that were taken , were sent ouer , and sett at liberty : and many other gracious fauours & benefittes : vvhich ( saith he ) tyme and paper would fayle me if i would make enumeration of them all : in recounting wherof euery scrape of my pen ( so vse his words ) would serue but for a blott of the popes ingratitude , and iniustice in meating his ma. tie with so hard a measure for the same . so as i thinke ( quoth he ) i haue sufficiently wiped of the teares from the popes eyes , for complayning vpon such persecution &c. xxv . thus writeth this man , who , in naming the popes ingratitude , must much more include ours , that are catholicks ; for that these benefitts , such as they were , appertayned nothing to the pope , but only in christian charity , as a common spirituall father and pastour , he being otherwise a stranger vnto vs in bloud , and for other worldly respects . and as for catholicks , they accept gratefully , whatsoeuer least fauour hath byn , or is done vnto them : and do not doubt , but that if his ma. tie had not bene preuented by sinister information , & persuasion of others , they had tasted of much greater , as due vnto them , in that they are naturall borne subiects of the realme , most loyall in hart & affection , & neuer meaning otherwise , but to liue in most orderly and dutifull subiection and obedience to his highnes , as to their liege lord and soueraigne . xxvi . and wheras this man , for proofe of the contrary , nameth the powder-treason of a few , therby to discredite the whole , though this calumniation haue beene answered before : yet now i ad further , as one said , distingue tempora , & scripturam concordabis , if there had bene no persecution before that treason , this might haue beene assigned for some probable cause of the subsequent tribulations : but all england knoweth , that this is not so , but that his ma. ties sweete & myld aspect towards catholicks at his first entrance , was soone , by art of their enemyes , auerted long before the conspiracy fell out . for that , not only all the most cruell statutes and penall lawes made by q. elizabeth were renewed and confirmed before this , with addition of others , tending to no lesse rigour & acerbitie : but also the exaction of the same was put in practice with great seueritie ; & namely the paymēt of the twenty poundes a moneth , or two partes of their goods and landes for recusants ( once remitted by his ma. tie as heere is confessed ) were not only recalled againe : but the arrearages therof in like manner exacted ; and for leuying wherof , throughout sundry shyres of the realme ( especially in the north ) there was such ransacking of mens houses , such dryuing away of their cattell frō their groundes , such strayning of their rents , such vexing of their tennants ( not knowne perhaps to his ma. tie ) as if the whole countrey had byn gyuen ouer to spoyle & desolation . xxvii . nor were mens goods and persons only afflicted , but the lyues also of sundry taken away for cause of their religion before this powder-treason fell out : which desperate treason , to ascribe as an effect and fruite of too much clemency in his ma. tie ( as this minister doth ) is a strange assertion , no doubt : for so much , as such effects do not proceed , but of exasperated myndes ; which clemency worketh not , eyther in men or beasts . neyther did euer any learned philosopher , that wrote of the good institution of any common wealth , or of the security of any prince in his gouernment , put such effects for fruits of clemency , but rather of the contrary manner of proceeding . and if all the disasterous ends of the most vnfortunate princes , that euer haue byn destroyed , should be layd togeather , and the causes therof exactly inquired , it would be found so : and consequently that this minister is no good counsellour to his ma. tie in this so great & weighty affayre . and we hope that almighty god , by the mercy of his dearest sonne our sauiour , and through the prayers of his ma. ties good mother , and other holy princes of his royall bloud now in heauen , will neuer suffer him , at the egging of such exasperating people , to follow so violent , troublesome , and dangerous a course , and so contrary to theirs , whiles they lyued vpon earth , and so alienate from his owne sweete nature and princely disposition . xxviii . but to proceed a litle further in the narration of some poyntes of heauy persecutiō , that insued soone after his ma. ties being in england , much before the powder-treason was attempted : who doth not know what afflictions were layd vpon catholicks , euen in the very first yeare of his ma. ties raigne , especially towards the end therof , & much more throughout all the second yeare , before the said powder-treason fell out . for then not only in the shires and prouinces abroad : but euen in london it sel●e , and in the eyes of the court , the violence , and insolency of continuall searches grew to be such , as was intollerable ; no night passing commonly , but that souldiours , & catch-poles brake into quiet mens houses , when they were asleepe , and not only carryed away their persons vnto prisons at their pleasure , except they would brybe them excessiuely , but whatsoeuer liked them best besydes in the house , eyther of bookes , cuppes , chalices , or other furniture , that might any wayes seeme , or be pretended to belong to religion , was taken for a prey , and seazed on . and among others , i remember , that one frend of myne , had a drinking cuppe of syluer taken from him , for that it had the name of iesvs engrauen vpon it , though otherwise the forme therof did well shew , that it was but a cuppe , & no chalice . and these searches were made with such violence , and insolency , as diuers gētlewomē were drawne or forced out of their beds , to see whether they had any sacred thing , or matter belonging to the vse of catholick religion , either about them , or vnder their bedds . xxix . what shall i speake of the casting into prisons , & condemnation to death of many catholicks for the same cause , in euery corner lightly of the countrey , as namely in london of m. hill the priest , and this only for his function , and for comming into england against the statutes of queene elizabeth to the contrary ? of m. sugar also an other priest in vvarwicke , that was not only condemned , but * executed withall rigour in that cittie for the same cause , and a lay man with him named robert grysold , for receyuing him into his house ? at oxford also foure priests being taken at that tyme whose names were m. greene , tichborne , smith , and brisco , all had sentence of death passed vpon them ; though after many afflictions suffered in the pryson there , which made them desyre much the speedy execution of the sentence gyuen against them , they had insteed of this one death , many deathes layd vpon them , by sending them prisoners to the castle of vvisbich , where they receyued such cruell vsage both in their diet , lodging & other treatie , as made euen dyuers protestants to take compassion of them . and why was all this , but for their religion ? xxx . i let passe the condemnation to death of a poore man in oxford named shitell , for that the priest m. greene had fledde into his house , when he was pursued by the searchers , through which condemnation , & perpetuall imprisonment therupon ensuing , were brought to extreme misery & calamity , his poore wyfe and children , most lamentable to behold , or heare recounted . and vpon like occasion was apprehended , imprisoned , condemned , & executed in yorke , about the same tyme , an other lay-man named thomas vvylborne , only for that he had vsed some words of perswasion to a certayne woman to be a catholicke , notwithstanding the prohibition of her husband , who followed so hoatly the matter against him , as he caused him to be put to death . i pretermit m. ris shelley a gentlewoman of good worshipp , cast into the common iayle at vvorcester for that the priest m. hassells , was found in her house . the apprehension in like manner , & condemning to death of m. edward tempest priest and gentlemā in london at the same tyme. i passe ouer the cruell sentence of cutting of the ears , of so ancient & venerable a gentlemam , as is m. tho. pound , that had lyued aboue thirty yeares in sundry prisons only for being a catholicke , and now last in his old age , had that honour from god , as to be sentenced to leese his eares and stand on the pillorie in dyuers markets , for complayning of hard measure , & iniust execution , vsed against catholicks , contrary ( as he presumed ) to his ma. ties intention . xxxi . and fynally i passe ouer what was practised in herefordshire , lancashire , & other places in this kynd of persecution , and particulerly concerning the new angariation and pressure , then first brought vp , that men should be boūd to pay for their wyues , that were recusāts , a thing neuer before exacted in the former queenes tyme. i pretermit also to mētion , how his m. tie before this , had reiected the cōmon , & humble supplication of catholicks , exhibited in writing for some toleratiō , & mitigation of the calamityes : the which supplication was answered with contēpt & insultatiō by a minister , and put in print . his ma. tie in like manner had gyuen publike audience both to protestants & puritanes for three dayes togeather , concerning the differences of their religion : but to catholicks he neuer yealded to gyue any at all . and how then can this apologer talke so much of equality vsed in all fauours ? how can he say , that there was no persecution before the powder-treason ? xxxii . but let vs go forward yet somewhat further : his maiestie had before this tyme vpon other mens importunity , confirmed , and ratified by his letters patents , all that heape of constitutions , and canons , ( being in number aboue an hundred & fourty ) which the bb. of london & canterbury , had deuised , & set forth against catholicks , for their greater vexation , & affliction . out of which hath flowed since a huge sea of molestations and exagitations , by searchings , spoyles citations , apprehensions , excommunications , and other violences , vpon innocent and quiet people , by the rauenous hungry purseuants of those prelats , and other their catch-poles , without respect , either of iustice , or hope of remedy , for iniuryes by them offered . there had passed also before this , the speach of the l. chancelour in the star-chamber , and the sermon of the b. of london at paules-crosse , both of them tending to take all hope from catholicks of any least fauour , that might be expected , and the former expresly charging the iudges in his ma. ties name , to vse all seuerity in seeking out and punishing them . which things being seene , and ●arre worse feared , yea designed also and threatned , as those gentlemen apprehended it , ( especially at the next parlament ) cast them into that wofull impatience , and precipitation , which the euent declared . xxxiii . all this then which the apologer heere telleth vs , of catholicks ingratitude for so many benefits receyued , during his ma. ties raigne , and , that it is a mayne vntruth ( to vse his words ) and can neuer be proued , that any persecution hath beene in his said ma. ties gouernment , or that any were , or are put to death or punished for cause of conscience , is such a kynd of speach , as if it were told in the indies , many thousand myles of , where nothing is knowne of our countryes affayres , might perhaps fynd some hearers that would belieue it : but in england to auouch such a thing in print , where all mens outward senses , eyes & eares are witnesses of the cōtrary , is a strange boldnes . for as for persecution in goods and lands , as also of mens bodyes by imprisonment , and other vexations , who can deny the same , that will not shut his said eyes , or eares , from seing and hearing that which daylie passeth within the realme . and when nothing els were : yet those two seuerall and most memorable statutes , to witt , the . and . made in the third yeare of this kings raigne , conteyning more seuerall heads of affliction , and angariation against catholicke-recusants for their meere conscience , then euer , perhaps , in the world were seene extant , against any one sorte of wicked men , or malefactors before ; do easely conuince the vntruth of this asseueration about freedome from persecution . and as for death , which is lesse greiuous to many then those other persecutions , the late example of m. robert drury , and now againe these last monethes past , of m. matthew flathers , & m. geruis priestes ( to omit others ) that dyed expresly for refusing this late deuised oath , since the powder-treason , cannot , i thinke , be answered , except he will say , that this oath hath no matter of conscience in it for a catholicke man to receaue : the contrary wherof we haue euidently shewed before , by many demonstrations . xxxiv . wherfore , that which he addeth immediatly , insinuating , and expresly threatning , that as there hath beene no persecution , or putting to death before ( which is not true as i haue shewed : ) so now forsomuch as the pope hath interposed his authority , and forbidden the oath as vnlawfull , there may chance be greater persecution , and more aboundant shedding of bloud , which ( as he saith ) must light vpon the popes head , for this his prohibition : all this ( i say ) is so spoken as ech man may see , whither it tendeth : to witt , to incyte his ma. tie by such deuises , to ingulfe himselfe into the effusion of catholickes bloud , casting on the pretence , and veile of the popes intermedling , as cause therof : which is an ancient art of deceipt , to giue non causam , pro causa : for that no iniury is euer offered vnder the name of iniury , but of iustice or merit . and our sauiour was crucified as a deceyuer of the people , & disloyall to caesar : and s. paul pursued as a disturber of the weal-publicke and peace . and no suffering is so honourable , as that which commeth with a dishonourable title : so as english catholickes must not be dismaied when they suffer for the false imputation of ciuill disloyaltie to their temporall prince , being witting to themselues , that it is indeed for their religion , and loyalty to god , their eternall prince , and supreme king. and this only shall suffice for this matter . for if catholickes further affliction be determined by their aduersaries , and permitted by god , pretences will not want how to do it . the prouerbe is already knowne , facile inuenies baculum , vt canem caedas , as also the fable of aesope , that the lambe must be slayne , for that drinking farre beneath the well , he was pretended not withstanding , to haue troubled the fountaine . catholicks must be beaten , for that the pope hath resolued a case of conscience , that men may not sweare against their owne religion . all be to the glory of god , and then fynally will they leese nothing therby , which is the only comfort in such manner of sufferings . the second part of this paragraph . one other poynt only is handled by the apologer in this paragraph , which is a large insultation against the pope , for that he sayth in his breue , as heere is alledged , that the oath cannot be taken with safety of the catholicke faith , and of their soules health ; since it conteyneth many things , that are playnly , & directly contrary to their faith and saluation . and albeit the word ( directly ) be conueyed in heere , which is not in the popes breue , & is of no small momēt , as all deuines know in this matter , and therfore ought not to haue byn thrust in , as the popes word , in a different distinct letter : yet not to stand vpon that , but vpon more grosser poyntes , and more iniurious , he presently vseth the speach , which is reported to haue byn of auerroes the mahometan philosopher against moyses law-giuer of the iewes , multa dicit , sed pauca probat , he saith much but proueth little , and presently passeth to this insultation , how the naturall allegiance of subiects to their prince , can be directly opposite ( marke how he serueth himselfe of his owne word shifted into the text ) to the faith and saluation of soules , is farre beyond my simple reading in deuinity , as i must it a strange and new assertion to proceed out of the mouth of that pretended generall pastour of christian soules . xxxvi . heere now what abuse is offered to the words and meaning of the breue , euery simple reader will see , without any explication from me : for that the pope doth not prohibite naturall obedience in things lawfull ; nor doth say , that such naturall , or cyuill obedience is opposite to faith or saluation of soules ; nor that the oath is vnlawfull , for exhibiting such naturall , or cyuill obedience : but for that , besydes this exaction of naturall obedience , which is lawfull , it conteyneth diuers other poyntes also , concerning matters of catholicke religion : which poyntes being so conioyned , and couched with the other , as the one cānot be sworne without those other , do make the whole oath vnlawfull , as it lyeth , without distinction , as before hath byn declared . so as this charge is now proued , to be but a meere cauill , and calumniation , & voluntary mistaking of the question and controuersy in hand . xxxvii . and yet doth he so insist in it , and so dilateth himselfe vpon this false surmised principle ( that cyuill obedience is denyed ) as though all his discourse and treatise depended only of this ( as indeed it doth , ) and therfore he entreth into the confutation therof with a great florish of scriptures , fathers , and councells ( wherin he and his do abound , when they say the same that we do , but otherwise are altogether barren ) as though in earnest we did deny it : which thing neuer so much as passed through our cogitations , but do hold and teach that subiects are bound to obey their temporall princes in all things lawfull , and those not only good princes , but bad also : and not only out of feare or flattery , but out of conscience , as the apostle teacheth propter conscientiam , for conscience sake , but not contra conscientiam , against conscience . which being so ; all is meerly impertinent , that is alledged heere by the apologer , out of scriptures , fathers , and councels , to proue , that which we grant without proofe , & neuer denyed : which is , that temporal princes are duely to be obeyed for conscience sake , so long as they command nothing against conscience . but let them shew but one only authority , sentence , example or testimony out of any of these three kind of witnesses , scriptures , fathers , or councells , that we must obey princes against our conscience , or religion , and i will grant he sayth somewhat to the purpose , otherwise he doth but leese tyme , and abuse his reader in making him belieue , that he saith somwhat when he saith nothing . let vs examyne therfore some of his examples if yow please . xxxviii . he alledgeth for examples out of the scriptures , that the children of israel obeyed the king of babylon , as also they exhibited temporall obedience vnto king pharao of egypt ; as in like manner to cyrus king of persia : all which examples we grant to be true , and could ad many more , both of the iewes , and christians that lyued peaceably vnder infidell princes in those dayes . but lett one example ( as i said ) be brought forth , wherin they obeyed them in poynts contrarie to their conscience or religion , and it shall be sufficient . we read in the prophesie of daniel , that those three famous iewes , sidrach , misach , and abdenago , were most trustie vnto king nabuchodonosor in temporall affayres , and so much esteemed by him , as he made them his vniuersall gouernors ouer all the workes of the region of babylon , saith the scripture : and yet when it came to the poynt , that he would haue them for his honour and pleasure , and vpon his commandement , adore the golden statua , which he had set vp ; they forsooke him flatly , and said to him in the presence o all his nobility assembled togeather , that they were not so much as to answere him in that commandement , nor would they do , as he had appoynted them . xxxix . the like in effect did the ancienter iewes do with king pharao of egypt ; for that albeit in temporall affayres they obeyed him , euen in that tyme when he oppressed , and persecuted them most : yet in that he would haue had them stay and sacrifice in egypt , and not follow moyses their spirituall superiour into the desert ( notwithstanding that the king had some cause perhaps to suspect their temporall allegiance , also by that departure , they being a potent multitude of people : ) yet would they not obey him , nor do as he would haue them , when they persuaded themselues that god would haue the contrary . xl. i lett passe how daniel and his fellowes would not eate the meates of the king of babylon , nor tobie those of the asyrians , & much lesse would he leaue of to bury the dead , though it were forbidden by proclamation vnder payne of death , the machabees in like manner obeyed king antiochus so long , as he commanded nothing against their law and conscience : but when he went about to force them to sacrifice , and to eate swynes-flesh , and other things against their law and conscience , they refused openly to performe that obedience . so as these places of scriptures alledged by the apologer , do proue nothing for him at all , but are rather flatt against him , and for vs , as yow haue seene . xli . and much more do make against him , his authorityes alledged out of the ancient fathers , for that they go about to proue the very same poynt that we heere hold , that in temporall & cyuill affayres we must obey dutifully our temporall princes , though infidels or pagans : but not in matters concerning god , our religion , or conscience . and his very first example out of s. augustine is such , as i maruaile much , that he would cyte the same , but that somwhat for shew must be alleadged : for it maketh so clearly & directly against him , as if it had beene written purposely to confute him in this our case . but let vs heare what it is . agreable to the scriptures ( saith he ) did the fathers teach . augustine speaking of iulian , saith thus : iulian was an vnbelieuing emperour , was he not an apostata ? an oppressor , and an idolatour ? christiā souldiours serued that vnbelieuing emperour : when they came to the cause of christ , they would acknowledge no lord , but him that is in heauen : when he would haue them worship idolls & sacrifice , they preferred god before him : but when he said , go forth to fight , inuade such a nation , they presently obeyed : they distinguished their eternall lord from their temporall , and yet were they subiect euen vnto their temporall lord , for his sake , that was their eternall lord and maister . thus he . xlii . and can any thing be spoken more cleerly for vs , and for our cause , then this ? for euen thus do we offer to our king & soueraigne : we will serue him : we will obey him : we will go to warre with him : we will fight for him : and we will do all other offices belonging to temporall duty : but when the cause of christ commeth in hand , who is lord of our consciences , or any matter concerning the same , or our religion ; there we do , as s. augustine heere appoynteth vs , preferre our eternall king , before our temporall . xliii . and like to these are all the other places of fathers cyted by him , who distinguish expresly betweene the temporall honour and allegiance due to the emperour , and the other of our religion , & conscience , belonging only to god. and to that playne sense are tertullians words cyted by the apologer : vve honour the emperour in such sorte as is lawfull for vs , and expedient for him ▪ as a man second after god , and as hauing receyued from god , whatsoeuer he is , and only lesse then god. and will not the catholicks of england vse this speach also vnto their king ? or will the apologer himselfe deny that tertullian heere meant nothing els , but in temporall affayres , for much as the emperour at that tyme were heathen & gentils , and consequently were not to be obeyed in any poynt against christian faith or religion ? xliv . the like playne doctrine haue the words of iustinus martyr to the emperour himselfe , cyted heere in the third place , to witt : vve only adore god , and in all other things wee cheerfully performe seruice to yow , professing yow to be emperours , and princes of men . and do not all english catholiks say the same at this day , that in all other things , that concerne not god & his obedience , by rule of catholicke religion , they offer cheerfully to serue his ma. tie , acknowledging him to be their liege lord and king , & inferiour only to god in his temporall gouernment ? and how then are these , and such other places brought in for witnesse , as though they had somwhat to say against vs ? xlv . the other two sentēces , in like manner cyted out of optatus , and s. ambrose , the first saying : that ouer the emperour there is none , but only god , that made the emperour . and the other , that teares were his weapons against the armes , & souldiours of the emperours : that he neyther ought , or could resist : neyther of them do make any thing against vs , or for the apologer , euen as they are heere nakedly cyted , without declaration of the circumstances : for that in temporall affayres the king or emperour is supreme , next vnder god. and when the emperour will vse secular ●orces against the priests of his dominion , they , being no souldiours , must fall to prayers , and teares , which are priestly weapons . but what ? did s. ambrose by this acknowledge that the emperour had higher authority , then he , in church-matters ? or that if he had offered him an oath , repugnant to his religion , or conscience , in those matters he would haue obeyed , or acknowledged his superiority ? no truly . for in three seuerall occasions that fell out , he flatly denyed the same , which this apologer craftily dissembleth , and saith not a word therof . xlvi . the first was , when he was cited by dalmatius the iribune , bringing with him a publicke notarie to testifie the same , in the name of the emperour valentinian the yonger , to come and conferre , or dispute with the hereticall bishop auxentius , in the presence of his ma. tie and other of his nobility and counsell , which poynt s. ambrose refused vtterly to do , tellyng the emperour playnly by a letter , written vnto him ; that in matters of faith and religion bishops must iudge of emperours , and not emperours of bishops . and dyuers other doctrines , by this occasion , he taught him to that effect , as is to be seene in the same epistle . xlvii . the second occasion fell out the very next yeare after in milane , when the said emperour , by suite of the arrians , and fauour of iustina the empresse on their behalfe , made a decree that a certayne church of that citty should be deliuered to the said arrians : which decree s. ambrose the bishop refused to obey . and when the emperours officers comming with armes , vrged greatly to giue possession of the church , he fled to his former weapons of weeping and praying : ego missam facere caepi &c. i began to say masse , and when the tēporall magistrate vrged still , that the emperour vsed but his owne right , in appoynting that church to be deliuered , s. ambrose answered , quae diuina sunt , imperatoriae potestati non esse subiecta : that such things as belonge to god , are not subiect to the imperiall power . and thus answered s. ambrose about the gyuing vp of a materiall church . what would he haue said in greater matters . xlviii . the third occasion was , when the emperour sent his tribunes , and other officers to require certayne vessells belonging to the church to be deliuered , which s. ambrose constantly denyed to do , saying : that in this , he could not obey : and further adding , that if the emperour did loue him selfe , he should abstayne from offering such iniury vnto christ. and in another place , handling the same more at large , he saith : that he gaue to cesar that which was cesars , and to god that which belonged to god : but that the temple of god could not be the right of cesar , which we speake ( saith he ) to the emperours honour . for what is more honourable vnto him , then that he being an emperour , be called a child of the church , for that a good emperour is within the church , but not aboue the church . so s. ambrose . what would he haue done , or said , if he had bene pressed with an oath against his conscience , or any least poynt of his religion ? il. neyther doth the last place cyted out of s. gregorie the great to the emperour mauritius make any thing more for our apologers purpose of taking oathes against conscience . for albeit the same father do greatly complayne in dyuers places of the oppression of the church by the kingly power of mauritius , whome ( though otherwise a catholicke emperour ) he compareth in that poynt to nero and dioclesian , saying : quid nero ? quid dioclesianus ? quid denique iste , quihoc tēpore ecclesiam persequitur ? nunquid non omnes portae inferi ? what was nero ? what was dioclesian ? what is he who at this tyme , doth persecute the church ? are they not all gates of hell ? yet in this place alledged by the apologer , he yealded to publish & send abroad into diuers countryes and prouinces , a certayne vniust law of the said emperours , that prohibited souldiours , and such as had byn imployed in matters of publike accōpts of the commō wealth , to make themselues monkes : which law , though s. gregorie did greatly mislike , and wrote sharply against it , to the emperour himselfe : yet to shew his due respect in temporall things vnto him , and for that indeed the law was not absolutly so euill , but that in some good sense , it might be tolerated , to witt , that soldiours sworne to the emperors warres , might not ( during the said oath & obligatiō ) be receaued into monasteryes , but with the princes licence : yet for that it tended to the abridgment of ecclesiasticall freedome , in taking that course or state of lyfe , which ech man chooset● for the good of his soule ; s. gregorie misliked the same , and dealt earnestly with the emperour to relinquish it , or to suffer it to be so moderated , as it might stand without preiudice of christian liberty : wherunto the emperour at length yealded , and so s. gregorie sent the same abroad vnto diuers primates and archbishoppes of sundry kingdomes mencioned by him , but corrected first and reduced by himself , as supreme pastour , to a reasonable lawfulnes , and temperate moderation : to witt , that those who had borne offices of charge in the common wealth , and after desyred to be admitted to religious life in monasteryes , should not be receyued , vntill they had gyuen vp their full accompts , & had obteyned publicke discharge for the same . and that soldiours which demanded the like admittance , should be exactly tryed , and not admitted vnto monassicall habite , but after they had lyued three yeares in their lay apparell , vnder probation . l. this determineth s. gregorie in his epistle , beginning , greg●ri●s 〈◊〉 thessalo●consi , vrbicio dirachitano , &c. adding further in the same epistle , as hath byn said , de qua re , seren●inus & christanissimus imperator omnimdo pl●ca●●r : about which matter our most clement and christian emperour is wholy pleased and content . so as in this s. gregorie shewed his pastorall care and power , in limiting and moderating the emperours law , according to the law of god , though in temporall respectes he shewed him the obedience , that was due vnto him . but what is this vnto our oath ? may we thinke that s. gregory , that would not passe a temporall law of the emperour , without reprehension of the vnlawfulnes therof to the emperour himselfe , and correction thero● in the publication , for that indirectly it did intringe the liberty of religious life , when men were called therunto , that he would not haue much more resisted the admission of an oath , about such affayres , if it had beene proposed ? no man , i thinke , in reason can imagine the contrary . li. the last thing thē that is cited without purpose by this apologer , are certayne councels , which are said to haue submitted thems●lues to emperours , as that of arles in france vnto charles the great their king for that in the last wordes of the said councell , the bishopps there gathered togeather presenting the same to the same charles write thus : hae sub breuitate , quae emendatione digna perspeximus , &c. these things briefly which we haue seene worthy of reformation , wee haue noted & deemed to be presented to our lord the emperour , beseeching his clemency if any thing be wanting to supply it by his wysedome ; and if any thing be otherwise done then reason requireth , it be amended by his iudgement ; and if any thing be reasonably censured , it may be perfected by his helpe , and by the clemency of almighty god. so the councell . and heerof would the apologer inferre that this councell of bishops submitted it selfe to the emperour . lii . but i would aske him wherin ? to take any oath that the emperour charles should propose vnto them ? wee see no oath offered , nor mentioned , and so nothing heere to our purpose . wherin then , or why are they said to haue submitted themselues ? for that , perhaps , it is said in the preface of the councell , that they were gathered togeather by order , and commandement of the said emperour . surely it was hard , that so many bishops , & archbishops should be assembled togeather without his liking , and order . but that the consent , direction , and chiefe commission for the same , came from the bishop of rome , may easily be gathered : for that in the first councell that he caused to be celebrated in his dominions , which was that of vvormes in the yeare of christ . it was left registred in these wordes : auctoritas ecclesiastica , atque canonica docet , non debere , absque sententia romani pontificis , concilia celebrari . ecclesiasticall and canonicall authority teacheth , that councels may not be held , without the allowance of the bishop of rome . liii . and wherin thē ? or why is this submission made ? for approbation of matters cōcerning faith ? no , for that yow haue heard before out of s. ambrose , that therin emperours are not iudges of bishops , but bishops of emperours . wherin then , or why is this submission , or rather remission to the emperour , and his iudgmēt ? it was , for that this councell was made onely for reformation of manners and matters , at the religious instāce of the good emperour , the effectuating wherof did depend principally of his good will and assistance , and so after the first canon , where briefly is set downe the confession of the christian faith , all the other . canons ( for there are only . in all ) are about reformation of matters amisse : as for more diligence in daylie prayer for the emperours person , and his children , to wit , that a masses and litanies be said daylie for them , by all bishops , abbots , monks , and priests . b that bishops and priests study more diligently , and teach the people , both by lessons and preachings : c that lay men may not put out priests of their benefices , without the sentence of the bishop , nor that they take money of them for collation of the said benefices : d that none be admitted to enter into the monasteryes of virgins , eyther to say mass● , or otherwise , but such as be o● approued vertue : e how peace is to be held betweene bishops , earles , and other great men , especially in execution of iustice : f that weightes and measures be iust and equall , and that none worke vpon holy dayes : g that all tythes be payd , all ancient possessions mantayned to the churches : that no secular courtes be held in churches , or church porches : that no earles , or other great men do ●raudulently buy poore mens goodes , &c. liv. these then were the pointes of reformation , decreed in that councell of arles , at the instance of charles the great , who was so zealous a prince in this behalfe , as he caused fiue seuerall councells to be celebrated in diuers partes of his dominions , within one yeare , to wit , this of arles , an other at towers , a third at chalons , a fourth at mentz , the fifth at rhemes , and another the yeare before ( which was the fixt ) ad theodonis villam , which is a towne in luxemburge . all which prouinciall synodes are extant in the third tome of coūcells , togeather , with the canons and decrees , which are such as could not be put in execution , but by the temporall fauour , authoritie , and approbation of the emperour in such matters , as concerned his temporall kingdome and iurisdiction . wherfore if for these respects , the councell did present vnto the emperour these canons to be cōsidered of by his wisedome , whether any thing were to be added , altered , or taken away , for the publicke good of the common wealth ( no controuersy of faith being treated therin ) what is this to proue , eyther , that the emperour in spirituall matters was superiour to the said bishops , or that if he had proposed vnto them any such oath , as this is , wherin by professing their temporall allegiance , they must also haue impugned some poynt of their faith , that they would haue obeyed him ? and so much of this councell . lv. and for that , all the other authorityes of other councels heere cyted , do tend only to this end of prouing temporall obedience , which we deny not , but do offer the same most willingly : we shall not stand to answere or examine any more of them , but shall ●nd this paragraph , with laying downe the insultation of this apologer against the pope , vpō his owne voluntary mistaking the question . i read ( sayth he ) in the scriptures , that christ said , his kingdome was not of this world , bidding vs to giue to cesar that which was cesars , and to god that which was gods : and i euer held it for an infallible maxime in deuinity , that temporall obedience to a temporall magistrate , did nothing repugne to matters o● faith o● saluation of soules . but that euer temporall obedience was against faith and saluation of sou●es , as in this breue is alledged , was neuer before heard or read of in the christian church ; and therfore , i would haue wished the pope , be●ore he had set downe this commandement to all papists heere , that since in him is the power , by the infallibility of his spirit , to make new articles of faith , when euer it shall please him ; that he had first set it downe for an article of faith , before he had commanded all catholicks to belieue , and obey it . so he . lvi . and i maruaile , that a man professing learning , would euer so tryfle , or rather wrangle , and wrongfully charge his aduersary : for that i fynde no such thing in the breue at all , as that temporall obedience is against faith and saluation of soules : nor doth the breue forbid it : nor doth any learned catholicke affirme , that the pope hath power to make new articles of faith : nay rather it is the full consent of all catholicke deuines , that the pope , and all the church togeather , cannot make any one new article of beliefe , that was not truth before , though they may explane what points are to be held for matters of faith , & what not , vpon any new heresies or doubts arising : which articles so declared , though they be more particulerly , and perspicuously knowne now for points of faith , and so to be belieued , after the declaration of the church then before : yet had they before the self same truth in themselues , that now they haue . nor hath the said church added any thing to them , but this declaration only . as for example , when salomon declared the true mother of the child that was in doubt , he made her not the true mother thereby , nor added any thing to the truth of her being the mother : but only the declaration . wherefore this also of ascribing power to the pope of making new articles of faith , is a meere calumniation amongst the rest . lvii . there followeth his conclusion : i will then conclude ( saith he ) my answere to this point in a dilemma : eyther it is lawfull to obey the soueraigne in temporall things or not . if it be lawfull , as i neuer heard or read it doubted of : then why is the pope so vniust and cruell towards his owne catholicks , as to commaund them to disobey their soueraignes lawfull commandement ? if it be vnlawfull , why hath he not expressed any one cause or reason therof ? but this dilemma is easily dissolued , or rather falleth of it self , both his pillers being but broken reeds , framed out of false suppositions : for that the pope neyther denyeth it , to be lawfull , to obey the soueraigne in cyuill and temporall things nor doth he command catholicks to disobey their prince his lawfull commādements : but only where they be vnlawful to be performed , as he supposeth them to be in the taking of this oath . wherof he expresseth sundry causes , and reasons , i meane , so many as the oath it self cōteyneth points cōcerning religion : to which end , he setteth downe the whole oath , as it lyeth , with intimation , that those points cannot be sworne with integrity of catholicke religion , & good conscience : which is sufficient for a iudge , who disputeth not , but determineth . so as , hereupon to make illation of the popes vniust , and cruell dealing towards catholicks , by this his decision , as though he sorbad ciuill obedience ; is to buyld vpon a voluntary false ground , supposing , or rather imposing the pope to say , that which he doth not , and then to refute him , as though he had said it indeed . and is this good dealing ? lviii . but yet he goeth forward vpon the same false ground to buyld more accusations against the pope , saying : that if the foundation of his exhorting catholicks to beare patiently their tribulations , be false ( as this apologer auoucheth it to be ) then it can worke no other effect , then to make him guylty of the bloud of so many of his sheep , whome he doth thus willfully cast away , not only to the needles losse of their liues , and ruyne of their famylies : but euen to the laying on of a perpetuall slander vpon all papists . as it no zealous papist could be a true subiect to his prince : and that religion , and the temporall obedience to the cyuill magistrate , were two things incompatible and repugnant in themselues . thus he . lix . but who doth not see that these be all iniurious inferences , inforced vpon the former false suppositions , to witt , that catholicks suffer nothing for their conscience , that there is no persecution at all in england , that there is nothing exacted by this last oath , but only and meerly cyuill obedience , and that in this , the pope exhorteth them to disobey the temporall prince in temporall dutyes , and thereby giueth iust occasion to the prince to vse his sword against them , and consequently that he is cause of the effusion of their bloud , and of the infamy of catholicke religion : as though no catholicke by his religion could be a true subiect to his temporall prince . all which suppositions being vtterly mistaken , and not true , the more often they are repeated , the more exorbitant seemeth the ouersight of the wryter . and in my opinion , the very same might haue bene obiected vnto s. cyprian and other fathers of the primitiue church , that they were guylty of so many martyrs bloud , willfully cast away , and of the ruyne of their familyes , and other inconueniences , by exhorting them not to doe against their consciences , nor to yield to their temporall princes commandements against god and their religion : no not for any torments that might be layd vpon them , nor for any losses that might fall vnto them , of goods , life , honour , same , friendes , wife , children , or the like , which were ordinary exhortations in those daies of persecution , as by their bookes yet extant doth appeare . lx. neyther is it sufficient to say , that those tymes and ours are different , for that the things then demaunded were apparantly vnlawfull , but these not : for that , to vs that are catholicks , these things are as vnlawfull now , as those other were then to them , for that they are no lesse against our consciences in matters of religion . for why should it be more damnable then , and indispensable to deliuer vp a byble , or new testament , for examples sake , when the emperour commaunded it , then now to sweare an oath against our conscience and religion , when our temporall prince exacteth it ? for that this , perhaps , is called the oath of allegiance ? who knoweth not , that the fayrest tytle is put vpon the fowlest matter , when it is to be persuaded or exacted ? and he that shall read the historyes of that tyme , and of those auncient afflictions , shall see that act also to haue beene required , as of obedience and allegiance , and not of religion , being only the deliuery vp of materiall bookes : and yet did the whole church of god condemne them for it , that deliuered the same , and held for true martyrs , all those that dyed for denying thereof , for that they would not doe an act against their consciences . lxi . well then , to draw to an end of this second paragraph about the two breues of paulus quintus , two things more writeth this apologer , whereunto i must in like manner say somewhat . the first is , that pope clemens octauus sent into england , two breues immediatly before the late queenes death , for debarring of his maiestie , our now soueraigne , of the crowne , or any other , that eyther would professe , or any way tolerate the professours of our religion , contrary ( saieth he ) to his manifold vowes , and protestations , simul & eodem tempore , and , as it were , deliuered , vno & eodem spiritu , to diuers of his maiestyes ministers abroade , professing all kyndenes , and shewing all forwardnes to aduance him to this crowne , &c. wherein still i fynde the same veyne of exaggeration , and calumniation continued by the apologer . for hauing procured some knowledge of those two breues , i fynde them not sent into england togeather , nor immediatly before the late queenes death , but the one diuers yeares before shee dyed , and the other after her death , and this to different effects . for in the first , the pope being consulted , what catholicks were bound to doe in conscience , for admitting a new prince after the queene should be dead , for so much as some of different religions , were , or might be , pretenders ; he determined that a catholicke was to be preferred , not thinking ( as may be presumed ) to preiudice therein his maiesty that now is , of whome , vpon the relations , and earnest asseuerations of those his maiestyes ministers abroad , who heere are mentioned , he had conceaued firme hope , that his highnes was not farre from being a catholicke , or at least wise not altogeather so alienate from that religion , or professours therof , as reasonable hope might not be conceaued of his conuersion : though in regard of not preiudicing his tytle in england , the said ministers auouched , that it was not thought expedient at that tyme to make declaration therof . lxii . this was auerred then , how truly or falsly i know not . but many letters and testifications are extant hereof , which were the cause of those demonstrations of clemens octauus , to fauour his m. ties tytle , which he did so hartily and effectually , as when he , after the queenes death , vnderstood that he was called for into england , he wrote presently the second breue , exhorting all catholicks to receaue and obey him willingly , hoping that at leastwise they should be permitted to liue peaceably vnder him . and this is the very truth of those two breues : nor was there in the former any one word against his maiesty then of scotland ; and much lesse that he was therin called the scottish hereticke , as syr edward cooke hath deuised since , and falsely vttered in print without shame or conscience . nor was there any such wordes , as heere are alleadged , against any that would but tolerate the professours of protestants religion : nor was there any such double dealing or dissimulation in pope clement his speaches , or doings , concerning his ma. ty as heere are set downe . but the truth is , that he loued his person most hartily , and alwaies spake honourably of him , treated kindely all those of his nation , that said they came from him , or any wayes belonged vnto him : and often tymes vsed more liberality that way , vpon diuers occasions , then is conuenient , perhaps , for me to vtter heere : caused speciall prayer to be made for his maiesty , wherof , i suppose , his highnes cannot altogeather be ignorant , and much lesse can so noble a nature be ingrate for the same , which assureth me , that those things vtterd by this apologer , so farre from the truth , could not be conferred with his maiesty , but vttered by the authour therof , vpon his owne splene , against the pope , and such as are of his religion . lxiii . the second and last point affirmed by the apologer in this paragraph , is , that the first of these two breues of paulus quintus was iudged to be farre against deuinity , policy , and naturall sense , by sundry catholicks , not of the simpler sort , but of the best account both for learning and experience among them , wherof the archpriest was one , and consequently , that it was held but for a counterfaite libell , deuised in hatred of the pope . &c. all this ( i say ) hath much calumniation in it , and litle truth . for albeit some might doubt , perhaps , whether it came immediatly from the pope , ex motu proprio , or only from the congregation of the inquisition , vpon defectuous information of the state of the question in england ( of which doubt , notwithstanding , if any were , there could be little ground : ) yet no catholicke of iudgement or piety , would euer passe so farre , as to iudge it contrary to deuinity , policy , or naturall sense , and much lesse , to be a libell deuised in hatred of the pope . these are but deuises of the minister-apologer : and he offereth much iniury to so reuerend a man as the archpriest is , to name him in so odious a matter , but that his end therin is well knowne . and if there were any such doubt , or might be before , of the lawfulnes of the first breue , now is the matter cleered by the second ; and so all men see thereby , what is the sentence of the sea apostolicke therein , which is sufficient for catholicke men , that haue learned to obey , and to submitt their iudgements to those , whome god hath appointed for the declaration , and decision of such doubts . and thus much about those two breues . now let vs see what is said to cardinall bellarmyne , for writing to m. blackwell in this affaire . abovt cardinall bellarmines letter to m. r blackvvell : and answere giuen thereunto , by the apologer . paragr . iii. the last part of this apology concerneth a letter written by cardinall bellarmine in rome , vnto george blackwell arch-priest in england : which letter , as appeareth by the argument therof , was written out of this occasion : that wheras vpon the comming forth of the forenamed new oath , intituled , of allegiance , there were found diuers poynts combined togeather , some appertayning manifestly to ciuill allegiance , wherat no man made scruple , some other seeming to include other matters , contrary to some part of the catholicke faith , at least in the common sense as they ly ; there arose a doubt whether the said oath might be taken simply and wholy , by a catholicke man , as it is there proposed without any further distinction , or explication thereof . wherupon some learned men at home being different in opinions , the case was consulted abroad , where all agreed ( as before hath byn shewed ) that it could not be taken wholy with safety of conscience , and so also the pope declared the case by two seuerall breues . ii. in the meane space it happened , that m. blackwell being taken , was committed to prison , and soone after , as he had byn of opinion before , that the said oath might be taken as it lay in a certayne sense ; so it being offred vnto him , he tooke it himselfe . which thing being noysed abroad , and the fact generally misliked by all sortes of catholicke people in other realmes , as offensiue , and scandalous in regard of his place , and person , so much respected by them : cardinall bellarmine , as hauing had some old acquaintance with him in former yeares , as it may seeme , resolued out of his particuler loue , & zeale to the common cause of religion , and speciall affection to his person , to write a letter vnto him , therby to let him know what reportes , and iudgment there was made of his fact , throughout those partes of christendome where he remayned , togeather with his owne opinion also , which consisted in two poynts , the one that the oath , as it stood , compounded of different clauses , some lawfull , & some vnlawfull , could not be taken with safety of conscience : the other , that he being in the dignity he was of prelacy , and pastorall charge , ought to stand firme and constant for example of others , & rather to suffer any kynd of danger or domage , then to yield to any vnlawfull thing , such as the cardinall held this oath to be . iii. this letter was written vpon the . day of september . and it was subscribed thus in latyn ; admodum r. dae dom. is vae . frater & seruus in christo. robertus card. bellarminus . which our apologer translateth , your very reuerēd brother : wheras the word very reuerend in the letter , is gyuen to the arch-priest , and not to card. bellarmine , which the interpreter knew well inough , but that wanting other matter , would take occasion of cauilling by a wilfull mistaking of his owne , as often he doth throughout this answere to bellarmine , as in part will appeare by the few notes which heere i am to set downe , leauing the morefull answere to the cardinall himselfe , or some other by his appoyntment , which i doubt not , but will yield very ample satisfaction in that behalfe . for that , in truth , i fynd , that great aduantage is gyuen vnto him , for the defence of his said epistle , and that the exceptions taken there against it , be very weake and light , and as easy to be dissolued by him , and his penne , as a thin mist by the beames of the sunne . iiii. as for example , the first exception is ( which no doubt were great , if it were true in such a man as cardinall bellarmine is ) that he hath mistaken the whole state of the questiō , in his writing to m. blackwell , going about to impugne only the old oath of supremacy , in steed of this new oath , entituled , of allegiance : but this is most cleerly refuted by the very first lynes almost of the letter it self . for that telling m. blackwell , how sory he was vpon the report , that he had taken illicitum iuramentum , an vnlafull oath , he expoundeth presently , what oath he meaneth , saying : not therfore ( deare brother ) is that oath lawfull , for that it is offered somwhat tempered & modifyed , &c. which is euidently meant of the new oath of allegiance , not only tempered with diuers lawfull clauses of ciuill obedience , as hath byn shewed , but interlaced also with other members , that reach to religion : wheras the old oath of supremacie , hath no such mixture , but is playnly , and simply set downe , for absolute excluding the popes supremacie in causes ecclesiasticall , and for making the king supreme head of the church in the same causes : all which is most euident by the statutes made about the same , from the yeare of king henry the . vnto the end of the raigne of king edward the sixt . v. only i do heere note by the way , that the apologer in setting downe the forme of the oath of supremacie saith : i a. b. do vtterly testifie , and declare in my conscience , that the kings highnes is the only supreme gouernour , as well in all causes spirituall as temporall , wheras in the statute of . of k. henry the . where the tytle of supremacy is enacted , the wordes are these : be it enacted by this present parlament , that the king our soueraigne , his heirs and successors , shal be taken , accepted , and reputed the only supreme head in earth of the church of england , called ecclesia anglicana , and shall haue , & inioy , annexed , and vnited to the imperiall crowne of this realme , as well the tytle and style therof , as all honours , digni●yes , authorityes , annuityes , profitis , and commodityes to the said dignity of supreme head of the said church , belonging &c. vi. and further , wheras two yeares after , an oath was deuised for confirmation heerof in parlament , the wordes of the oath are sett downe : that he shall sweare to renounce vtterly , and relinquish the bishop of rome , and his authority , power , and iurisdiction &c. and that from hence forth , he shall accept , repute , and take the kings m. tie to be the only supreme head in earth of the church of england &c. and that the refusers of this oath , shall be reputed traytors and suffer the paynes of death &c. and in other statutes it is decreed , that it shall be treason to deny this title of headship to the king. and by like decree of parlament , it is declared vnder king edward , what this authority of headshipp is , when they say : for so much as all authority of iurisdiction spirituall , and temporall is deryued , & deduced from the kings m. tie as supreme head of these churches , & realmes of england and ireland &c. vii . this was wont to be the doctryne of supremacy in the tymes of king henry , and king edward , and it was death to deny this tytle , or not to sweare the same : now our apologer thinketh it not good to giue it any longer to his ma. tie that now is , but calleth him only supreme gouernour , which is a new deuise taken from iohn reynolds , & other his fellowes , who aboue twenty yeares gone , being pressed by his aduersary m. hart , about calling q. elizabeth , head of the church , he denyeth flatly , that they called her so , but only supreme gouernesse , which i had thought they had done in regard of her sex , that is not permitted to speake in the church . but now i perceaue they haue passed the same also ouer to his m. tie not permitting him to inherite the tytles , eyther of king edward , or king henry ; which misliketh not vs at all , for that so farre they may passe heerin , as we may come to agree . for if they will vnderstand by supreme gouernour , the temporall princes supreme authority ouer all persons of his dominions , both ecclesiasticall , and temporall , in temporall matters , excepting only spirituall ( wherin as yow haue heard a litle before s. ambrose told the christian emperours of his tyme , that being lay-men , they could not rightly meddle : ) i see no great difficulty , which in this affayre would remayne betweene vs. viii . to returne then to the charge of ouersight , and grosse mistaking ( to vse the apologers words ) layd by him to cardinal bellarmine , for impugning the ancienter oath of supremacy , insteed of this later called , of allegiance , & of giuing the child a wrong name ( as he saith , ) i see not by what least colour , or shew of reason , it may stād against him . for besydes that which we haue said before , of the tēperament , & modification mentioned by him to be craftily couched in this later oath , which by his letter he refuteth ( i meane of lawfull , and vnlawfull clauses ) which must needes be vnderstood of the second oath ; he adioyneth presently the cōfutation of those modifications , saying : for yow know that those kind of modifications , are nothing els , but sleightes & subtilityes of sathā , that the catholicke faith , touching the primacy of the sea apostolicke , might eyther secretly , or openly be shott at . lo heere he mentioneth both the oathes , the one which shooteth secretly at the primacy of the sea apostolicke ( which is the later of allegiance ) & the other that impugneth it openly , which is the first of the supremacy . and as he nameth the secōd in the first place , so doth he principally prosecute the same , & proueth the vnlawfulnes therof , mentioning the other but only as by the way , for that it is as totū ad partē to the former , as a man can hardly speake of particuler mēbers of a body , without naming also the said body ( as whē s. iames inuegheth against the tōgue , he saith , that it inflameth the whole body : ) so card. all bellarmine could hardly reproue the particuler branches of the oath of allegiance , tending against sundry parts of the popes primacie , without mentioning the generall oath of supremacy , though it were not his purpose chiefly to impugne that , but the other . which later oath , albeit the apologer sticketh not to say , that it toucheth not any part of the popes spirituall supremacy : yet in the very next period , he contradicteth & ouerthroweth himselfe therin . for so much , as deuiding the said oath of allegiance into . seuerall partes or parcels , twelue of them , at least , do touch the said supremacy one way or other , as by examination yow will fynd , and we shall haue occasion after to declare more at large . ix . as for example , he writeth thus : and that the iniustice ( saith he ) as well as the error of bellarmine his grosse mistaking in this poynt , may yet be more cleerly discouered ; i haue thought good to insert heere immediatly the contrary conclusions to all the poynts and articles , wherof this other late oath doth consist , wherby it may appeare , what vnreasonable and rebellious poynts he would dryue his ma. ties subiects vnto , by refusing the whole body of that oath , as it is conceaued . for he that shall refuse to take this oath , must of necessity hold these propositions following : first that our soueraign● lord king iames is not the lawfull king of this kingdome , and of all other his ma. ties dominions . secondly that the pope by his owne authority may depose , &c. but who doth not see what a simple fallacy this is , which the logicians do call a composito ad diuisa , from denying of a compound , to inferre the denyall of all the parcels therin conteyned . as if some would say , that plato was a man borne in greece , of an excellent wit , skilfull in the greeke language , most excellent of all other philosophers , and would require this to be confirmed by an oath , some platonist , perhaps , would be cōtēt to sweare it : but if some stoicke , or peripateticke , or professour of some other sect in philosophy , should refuse the said oath , in respect of the last clause , might a man inferre against him in all the other clauses also , ergò he denyeth plato to be a man ? he denyeth him to be borne in greece , he denyeth him to be of an excellēt wit , he denyeth him to be skilfull in the greeke tongue , &c. were not this a bad kynd of arguing ? x. so in like manner , if an arrian , or pelagian prince , should exact an oath at his subiects hands , concerning diuers articles of religion , that were belieued by them both , and in the end , or middle therof , should insert some clauses , sounding to the fauour of their owne sect , for which the subiect should refuse the whole body of that oath , as it was conceyued ; could the other in iustice accuse him , for denying all the seuerall articles of his owne religion also , which therin are mencyoned ? who seeth not the iniustice of this manner of dealing ? and yet this is that which our apologer vseth heere with catholicks , affirming in good earnest , that he which refuseth the whole body of this oath , as it is conceyued ( in respect of some clauses therof that stand against his conscience , about matters of religion ) refuseth consequently euery poynt and parcell therof , and must of necessity hold ( in the first place ) that our soueraigne lord king iames is not the lawfull king of this kingdome , and of all other his ma. ties dominions . the contrary wherof all catholicks do both confesse , and professe : & consequently it is a meere calumniation that they deny this . but let vs see , how he goeth , forward in prouing this whole oath to be lawfull to a catholicke mans conscience . xi . and that the world ( saith he ) may yet further see , his ma. ties and whole states setting downe of this oath , did not proceed from any new inuention of theirs , but as it is warranted by the word of god : so doth it take the example from an oath of allegiance , decreed a thousand yeares agone , which a famons councell then , togeather with diuers other councels , were so farre from condemning ( as the pope now hath done this oath ) as i haue thought good to set downe their owne wordes heere in that purpose ; wherby it may appeare , that his ma. tie craueth nothing now of his subiects in this oath , which was not expresly , and carefully commanded them by the councels to be obeyed , without exception of persons . nay not in the very particuler poynt of equiuocation , which his ma. tie in this oath is so carefull to haue eschewed : but yow shall heere see the said councels in their decrees , as carefull to prouide for the eschewing of the same ; so as , almost euery poynt of that action , and this if ours , shall be found to haue relation , and agreeance one with the other , saue only in this ; that those old councels were carefull , and straite in commanding the taking of the same ; wheras by the contrary , he , that now vaunteth himselfe to be head of all councells , is as carefull and strait in the prohibition of all men , from the taking of this oath of allegiance . so he . xii . and i haue alledged his discourse at large , to the end yow may better see his fraudulent manner of proceeding . he saith , that the example of this oath is taken from an oath of allegiance decreed a thousand yeares agone in the councels of toledo , but especially the fourth , which prouided also for the particuler poynt of equiuocation : but let any man read those councels , which are . in number , and if he fynd eyther any forme of an oath prescribed , or any mention of equiuocation , but only of flat lying and perfidious dealing ; let him discredit all the rest that i do write . and if he fynd none at all , as most certainly he shall not ; then let him consider of the bad cause of this apologer , that dryueth him to such manner of dealing , as to auouch , euery point of that action to haue agreeance with the offering of this oath . xiii . true it is that those councels of toledo , vpon certayne occasions , which presently we shall declare , do recommend much to the subiects of spayne , both gothes and spaniards ; that they do obserue their oath of fidelity made vnto their kings , especially vnto sisenandus , for whose cause principally this matter was first treated in the fourth councel of toledo , but no speciall forme is prescribed by the said councell : nor is equiuocation so much as named therin , but only ( as hath bene said ) iurare mendaciter ▪ to sweare falsely , as the wordes of the councel are . which how far it is from the true nature of equiuocation hath bene lately and largly demonstrated as yow know . xiv . the cause of the treatie of this matter in the . councell of toledo , was , for that one sisenandus a noble man of the bloud of the gothes , and a great captaine , taking opportunitie of the euill life of his king s●intila , whome he had serued , did by some violence ( as most of the * spanish historiographers write , though confirmed afterward by the common-wealth , and proued a very good king ) and , as paulus aemilius in his french historie recordeth , by helpe of dagobert king of france , put out the said suintila : and fearing lest the same people that had made defection to him , might by the same meanes fall from him againe , he procured in the third yeare of his raigne , this fourth councell of toledo , to be celebrated of . prelates , as some say , and as others , of . hoping by their meanes , that his safety in the crowne should be confirmed . wherupon it is set downe , in the preface of the said councell , that comming into the same , accompanyed with many noble and honorable persons of his trayne ; coram sacerdotivus dei humi prostratus , cum lachrymis , & gemitibus pro se interueniedum postulauit : he prostrate on the ground before the priests of god , with teares and sobbes , besought them to make intercession vnto god for him . and after that , religiously exhorted the synod to be myndfull of the fathers decrees , for confirmation of ecclesiasticall rytes &c. wherupon after seauenty and three decrees made , about ecclesiasticall matters , which whosoeuer will read , shall fynd them wholy against the protestants , as setting downe , & describing the whole vse of the catholicke church then in spayne ( which concurred with our first primitiue church of england conforme to that which now also is seene there ) they in the last canon , which was the . turned themselues to treat in like manner of matters of the common wealth , appoynting the order how their kings for the tyme to come , should be established : defuncto in pace principe , primates gen. is cum sacerdotibus , successorem regni , consilio communi , constituant . the prince being dead in peace , let the nobility of the nation , togeather with the priests , by common counsell , appoynt a successour in the kingdome &c. xv. and then next to this , they do excommunicate all those , that shall attempt the destruction of the present king , or shall breake their oath of fidelity made vnto him : aut si quis praesumptione tyrannica regni ●as●i ium vsurpauerit : or if any shall , by tyrann . cal presumption , vsurpe the dignity of the crowne , aut sacramentum fidei suae , quod pro patriae , gentisque gothorum sta●u , vel conseruatione regiae salutis pollicitus est , violauerit , aut regem neci attrectauerit : if any man shall violate the oath of his fidelitie , which he hath promised for the state , or conseruation of his countrey , and gothish nation , and of the kings safety , or shall attempt the kings death &c. lett him be accursed ( say they ) in the sight of god the father , and of his angels , and cast out from the catholicke church , which by his periury he hath profaned ; and let him be separated from all society of christians , togeather with all his associates in such attēptes . and this curse they do renew and repeat diuers tymes in that canon ; vt haec tremenda , & toties iterata sententia , nullum ex nobis praesenti atque aeterno condemnet iudicio ; that this dreadfull and often iterated sentence of excommunication , do not condemne any of vs with iudgement present , and euerlasting also , if we incurre the same . xvi . this then was the great care which those ancient fathers ( wherof the holy and learned man s. isidorus , archbishop of siuill was the first that subscribed ) had of the dutifull obedience , & fidelity of subiects towards their princes , vnto whome they had once sworne the same . but as for any particuler forme of oath there prescribed , wherby this new oath now required of allegiāce may be framed , that hath so many clauses therin of scruple of cōscience to the receauer , i fynd none at all . and no doubt , but if this king sisenandus should haue exacted of any of these bishops , or other his subiects , such an oath of allegiance , as should haue beene mixed with any clauses preiudiciall to any of those points of ecclesiasticall affaires , which are handled and decreed by them , in the said . precedent canons of this coūcell , or others contrary to their conscience or iudgment in religion : they would haue beene so farre of from yielding therunto , as they would rather haue giuen their liues , then their consents to such an oath . xvii . but to go forward , and speake a word or two more of this councell of toledo . after those . fathers had taken this order for the temporall safetie of their prince , and gothish nation ( for that was a principall point that none should be admitted to the crowne , but of that race ) they turne their speach to the present king sisenandus , and to his successours , making this exhortation vnto him . te quoquè praesentem regem , ac ●uturos aetatum sequentium principes , humilitate , qua debemus , deposcimus , vt moderati & mites erga subiec●os existentes &c. we with due humility , do require at your hāds also that are our present king , and at the hands of those that shall ensue in future tymes , that yow be moderate and myld towards your subiects , and do rule your people committed vnto yow by god , in iustice and piety ; and do yield to christ , the giuer of all your power , good correspondence by raigning ouer them , in humility of harte , and indeauour of good workes &c. and we do promulgate here against all kings to come this sentence ; vt si quis ex eis , contra reuerentiam legum , superba dominatione , & fastu regio in flagitiis crudelissimam potestatem in populis exercuerit , anathematis sententia à christo domino condemnetur . &c. that if any of them shall against the reuerence of the lawes , by proud domination , and kingly haughtines , exercise wickednes , and cruell power vpon the people committed to their charge , let him be condemned of christ , by the sentence of curse ; and let him haue his separation , and iudgment from god himselfe . xviii . after this , for better establishment of the said present king sisenandus , they do confirme the deposition and expulsion , from the crowne , of the foresaid king suintila , ( which by error of the print , is called in the booke of councells , semithilana ) pronouncing both him his wife , and their brother , to be iustly expulsed for their wickednes : though the foresaid s. isidorus , then liuing , and writing the history of spayne , dedicated to this king sisenandus , doth speake much good of the * former parte of the other king his life and raigne . and fynally some fyue yeares after this agayne in the sixt councell of toledo , being gathered togeather in the same church of s. leocadia , the said bishops , togeather with the nobility , did make this law , and prescribed this forme of oath to all kings of that nation , vt quisquis succedentium , temporum regni sortitus suerit apicem , non anteà conscendat regiam sedem , quàm inter reliquas conditiones , sacramento pollicitus fuerit , hanc se catholicam non permissurum eos violare fidem . that whatsoeuer future king , shall obtayne the height of this kingdome , he shall not be permitted to ascend to the royall seate therof , vntill he haue sworne , among other conditions , that , he will neuer suffer his subiects to violate this catholicke faith , marke that he saith ( this ) which was the catholicke faith then held in spayne , and explicated in those councels of toledo ; the particulers wherof do easely shew , that they were as opposite to the protestant faith , as we are now . xix . so as , all this is against the apologer : for that in these councells no particuler forme of any oath was set downe , or exhibited at all to subiects , that we can read of , but only in generall , it is commanded , that all do keepe their oath of allegiance sworne to their princes , at their first entrance , or afterward . which thing , no pope did euer forbid , and all english catholicks at this day do offer willingly to performe the same to this ma. tie ; and consequently , all that ostentation made by the minister before , that this oath is no new inuention : that it doth take the example from an oath of allegiance decreed a thousand yeares gone , by a famous councell : that the councel prouided in particuler for the poynts of equiuocation : that almost euery poynt of that action hath agreeance with this of ours , sauing only in this , that the councell was carefull , & straite in commanding the taking of the same , and pope paulus carefull and strayt in the prohibition &c. xx. all this , i say , falleth by it selfe to the ground : for so much , as neyther that councell commanded the taking of any oath , nor prescribed any forme to subiects , nor pope paulus prohibiteth this , so farre as it concerneth temporall , and ciuill obedience , as hath byn declared . and whatsoeuer the apologer cyteth more out of these councels , the meanest reader , by looking vpon it , will easely espy , that it maketh nothing at all for him , or against vs , and consequently the entring into the narration of this mater , with so great ostentation , as , that the world may see , that it proceeded not of any new inuention , but is warranted by the word of god , authorized by so auncient a councell , and the like : all this ( i say ) was needles ; for so much , as nothing is found in this councell that agreeth with our case , but only the naming and recommending of an oath of fidelity , wherin we also fully agree and consent with our aduersary . the second part of this paragraph . now then to come to the particuler answere of our apologer to the card. lls letter , he doth for diuers leaues togeather , as it were , dally with him , picking quarrells here and there , vntill he come to the mayne charge of contradiction of himself , to himself , not only in this letter , but throughout all his workes . and albeit i doubt not , but that the card. ll or some other by his appointment , will discusse all these matters largly and sufficiently : yet for so much , as i haue promised to giue you my iudgment of all , i shall briefly in like māner lay forth what i haue obserued about these pointe● . xxii . page . of his apology he writeth thus : that some of such priests , and iesuits , as were the greatest traytors , and fomentors of the greatest conspiracyes , against her late maiesty , gaue vp f. robert bellarmyne , for one of their greatest authorities , and oracles . and for proofe he citeth in the margent campian and hart : see the conference in the tower. by which i discouer a greater abuse then i could haue imagined , would euer haue come from a man carefull of his credit : for i haue seene and perused the conference of m. r d. iohn reynolds with m. iohn hart in the tower , vpon the yeare . two yeares after the death of f. campian , and there it appeareth indeed that the said m. hart alleadgeth diuers tymes the opinions and proofes of f. robert bellarmyne , then publick reader of controuersies in rome , but alwayes about matters of deuinity and controuersies , and neuer about treasons or conspiracyes . and as for f. campian , he is neuer read to mention him , eyther in the one or the other . consider then the deceitfull equiuocation here vsed , that for so much , as m. hart alleadged f. robert bellarmine sometymes in matters of controuersie in that conference , therefore both he & f. campian alleadged him for an author and oracle of conspiracy against the queene . and how can these things be defended with any shew or probability of truth ? xxiii . page . he frameth a great reprehension against the card. ll for that in his letter he saith , that this oath is not therfore lawfull , for that it is offered as tempered and modified . whereupon the apologer plyeth , and insulteth , as though the card. ll had reprehended the tēperate speech therin vsed , adding , that in luther and others of the protestant writers , we mislike their bold & free speaking , as comming from the diuells instinct . and now if we speake ( saith he ) moderately , and temperately , it must be tearmed the diuells craft , and therfore we may iustly complaine with christ , that when we mourne , they will not lament , and when we pype they will not dance . and neyther iohn baptist his seuerity , nor christ his meeknes can please them , who buyld but to their owne monarchy , vpon the ground of their owne traditions , and not to christ , &c. thus he , and much more exprobration to this effect , that we mislike the temperate style and speach vsed in this oath of allegiance . but all is quite mistaken , and the apologer hath iust cause to blush at this error , if it were error and not wilfull mistaking . for that bellarmyne doth not say , that this oath is temperate in wordes , but tempered in matter , aliquo modo temperatum & modificatum : in a certayne sort tempered and modified by the offerers , in setting downe some clauses lawfull , touching cyuill obedience , and adioyning others vnlawfull , that concerne conscience , and religion . which meaning of bellarmyne is euident by the example , which he alleadgeth , of the ensignes of the emperour iulian , out of s. gregory nazianzen , to wit ; that the images of pagan gods were mingled , and combined togeather with the emperours picture , & therby so tempered , and modified , as a man could not adore the one , without the other . which being so , let the indifferent reader consider what abuse is offered to card. all bellarmyne , in charging him to mislike temperate speach in the forme of this oath , which of likely hood he neuer thought on , and yet theron to found so great an inference , as to accuse him to buyld therby to a monarchy , and not to christ. is this a token of want of better matter , or no ? xxiv . page . the apologer hauing said with great vehemency of asseueration , that heauen and earth are no further asunder , then the profession of a temporall obedience , to a temporall king , is different from any thing belonging to the catholicke faith , or supremacy of s. peter ( which we graunt also , if it be meere temporall obedience without mixture of other clauses : ) he proposeth presently two questions for application of this to his purpose . first this : as for the catholicke religion ( saith he ) can there be one word found in all this oath , tending to matter of religion ? the second thus : doth he that taketh it , promise to belieue , or not to belieue any article of religion ? wherunto i answere first to the first , and then to the second . to the first , that if it be graunted , that power , and authority of the pope , and sea apostolicke left by christ , for gouerning his church in all occasions & necessityes , be any point belonging to religion among catholicks , thē is there not only some one word , but many sentences , yea ten or twelue articles , or branches therin , tending and sounding that way as before hath bene shewed . xxv . to the second question may make answere euery clause in effect of the oath it self . as for example the very first : i a. b. doe truly , and sincerely acknowledge , professe , testify , & declare in my conscience , that the pope neither of himself , nor by any authority of the sea or church of rome , hath any power & authority to &c. doth not this include eyther beliefe , or vnbeliefe ? againe : i doe further su eare , that i doe frō my hart abhorre , detest , & abiure , as imp●ous , & here icall , that damnable doctrine , & position , that princes which be excommunicated , and depriued by the pope , may be deposed &c. doth not heere the swearer promise , not to belieue that doctrine which he so much detesteth ? how thē doth the apologer so grosly forget , and contradict himself , euen then , when he goeth about to proue contradictions in his aduersary ? xxvi . it followeth consequently in the oath : and i doe belieue , and in conscience am resolued , that neyther the pope , nor any person whatsoeuer , hath power to absolue me from this oath , or any part therof . these wordes are plaine as yow see . and what will the apologer say heere ? is nothing promised in those wordes to be belieued , or not to be belieued ? xxvii . but now we come to the contradictions of cardinall bellarmyne , wherof the apologer taketh occasion to treate , for that the cardinall affirmeth in one part of his letter , that neyther his maiesty of england , nor any prince else , hath cause to feare violence from the pope ; for that it was neuer heard of , from the churches infancy , vntill this day , that any pope did commaund , that any prince , though an hereticke , though an ethnicke , though a persecutour , should be murthered , or did allow the murther , when it was done by an other . which assertion , the apologer to improue , bringeth in examples first of doctrine , that bellarmyne himself doth hold , that princes vpon iust causes may be deposed by popes : and then of facts , that diuers emperours haue bene deposed , and great warres raised against them , by popes , as bellarmyne in his workes doth confesse , and cannot deny , and consequently doth contradict himself . but surely this seemeth to me a very simple opposition or contradiction . for who doth not see , that these things may well stand togeather , are not opposite , and may be both true ; that popes vpon iust causes , haue waged warres against diuers princes , and potentates ; and yet neuer caused any to be vnlawfully made away , murthered , or allowed of their murthers committed by others . for , may not we say iustly , that warlike princes are no murtherers , though in the acts of warres thēselues , many haue bene slaine , by their authority and commandement ? or may not we deliuer our iudges of england , from the cryme of murther , though many mens deathes haue proceeded from them , by way of iustice ? no man ( i thinke ) will deny it . xxviii . and so if some popes haue had iust warres with some princes , kinges or emperours , or haue persuaded themselues , that they were iust , in respect of some supposed disorders of the said princes ( as here is mentioned the warre , and other hostile proceedings of pope gregory the seauenth against the emperour henry the fourth ) this is not contrary to the saying of cardinall bellarmyne , that no pope euer commaunded any prince to be murthered , or allowed therof , after it was done by an other . for as for that which heere is affirmed by the apologer , that the pope was inraged at the emperour henry the . for giuing buriall to his fathers dead corps , after the pope had stirred him vp against his father , and procured his ruyne , neyther proueth the matter , nor is altogeather true , as heere it is alleadged . not the first : for this proueth not , that the pope eyther commaunded or procured this death , which bellarmyne denyed . not the second : for that the two authours by him cyted in his margent , to wit , platina and cuspinian , doe not auerre the same . for in platina i finde no such thing at all ; and cuspinian his wordes are plaine to the contrary : that when henry the father was dead , and buried in a monastery at liege , his sonne would not make peace with the bishop of that place , called * otbert , except the dead body were pulled out of the graue againe , as it was , and so remayned for fiue yeares . xxix . and againe cuspinian writeth , that the report was , that gregory the . did before his death absolue the emperour ; but that his sonne henry the . and his followers neuer left to sollicite the succeeding popes vntill he was excōmunicated againe , & thereupon had afterward this christian buriall denyed him . and how then , is all this ascribed to the pope , which proceeded from the some against his father ? our apologer saith , that he was sett on by the pope to rebell against him , but this his witnesses affirme not . for cuspinian saith that it was , suasu marchionis theobaldi , berengarij comitis noricorum , & ottonis sibi ex materna s●irpe cognati . and in this commonly agree all other authors , as a vrspergensis , who then liued , b crantzius , c sigonius , d nauclerus , and others . and why then is this so vniustly layed vpon the pope ? what author can he bring for it , that auoucheth the same ? why is it couertly cast in , as though this matter apperteyned to gregory the seauenth , who in his life had warres with henry the fourth , but yet dyed before him ? heere then nothing is so apparent , as the desire to say much against popes , with neuer so litle occasion , and lesse proofe . but let vs go forward . xxx . in the second place he produceth the approbation of the slaughter of the late king of france by pope sixtus in his speech in the consistory : but no record of credit , eyther in rome or elswhere , can be found to testify , that any such speech euer was had by pope sixtus . and i vnderstand that diuers cardinalls are yet liuing , who were then present in the first consistory , after that newes arriued , who deny that sixtus euer vttered any such words , as of the allowance of that horrible fact , though he might , and did highly admire the strange prouidence of god , in chastising by so vnexpected a way , so foule and impious a murther , as that king had committed vpon a prince , bishop , and cardinall ( and those neerest of bloud vnto his maiesty of england ) without any forme of iudgment at all . and that a spectacle heerby of gods iustice was proposed vnto princes , to be moderate in their power , and passions : for that in the midst of his great and royall army , and corporall guardes , he was strangely slaine by a simple vnarmed man , when nothing was lesse expected , or feared . nor can any thing be more improbable or ridiculous to be imagined , then that which is heere affirmed by our apologer ( and yet , he saith , he is sure therof ) that this friar , which killed the king , should haue bene canonized for the fact , if some cardinalls , out of their wisedome , had not resisted the same . no such thing being euer so much as imagined , or consulted of , as many doe testify who were then in rome . so as nothing is more common here , then bold assertions without wittnesses . xxxi . and the like may be said to his third example of the late queene of england , against whose life ( he saith ) that so many practises , and attempts were made , and directly i●ioyned to those traytors , by their confessours , and playnly authorized by the popes allowance . so he saith . but if a man would aske him , how he can proue , that those things were so directly inioyned , and plainly authorized , what answere will he make ? yow shall heare it in his owne wordes , for he hath but one : for verification ( saith he ) there needeth no more proofe , then that neuer pope , eyther then or since , called any church-man in question , formedling in those treasonable conspiracyes . and needeth no more ( syr ) but this , to condemne both confessours and popes of conspiring the last queenes death , that no pope hath called in question , or punished any cleargy-man for such like attempts ? what i● he neuer knew of any such attempt ? what if he neuer heard of any clergy-man to be accused therof , except such as were put to death by the queene her self , either culpable or not culpable ? what if he saw some such ridiculous false deuises , made against some priests to make their whole company and cause odious , as iustly discredited with him all their other clamours and calumnious accusations in that behalfe ? as that of squier , induced ( as was sayed ) by fa. vvalpole in spaine to poyson the queenes chayre , or the earle of essex his sadd●e , which was so monstrous a fiction , and so plainly proued for such in forrayne countryes ( and so confessed by the miserable fellow at his death ) as tooke all credit from like deuises in these attemptes , of holding the queene in perpetuall frightes , to the end , she should neuer attend to the true way of remedy . xxxii . and with what little care of sincerity . or of punctuall truth , all these things are here , and elswhere , cast out at randome , to make a sound and noise in the readers eares , appeareth sufficiently in the very next sequent wordes , wherein speaking of doctor sanders he saieth : that whosoeuer will looke vpon his bookes , will fynde them filled with no other doctrine then this . and will any man thinke it probable or possible that so many bookes as doctor sanders hath written , both in latyn and english , and of so different arguments concerning religion , haue no other doctrine in them , but this of killing , and murthering of princes ? and that other assertion also , that ensueth within very few lines after , against cardinall bellarmynes whole workes , that all his large and great volumes are filled with contradictions , wherof we are to treat more presently . now only i doe note the facility , and custome of ouerlashing in this apologer . xxxiii . to conclude then about queene elizabeth . albeit pius quintus , and some other popes did excommunicate her , and cut her of from the body of the catholicke church by ecclesiasticall censures , in regard of her persecuting catholicke religion : yet did i neuer know it hitherto proued , that any pope procured or consented to any priuate violence against her person : albeit , if the forealledged statute of the . yeare of king henry the . be true , wherin it is determined both by the king himself , his counsell , and whole parlament , as by the archbishop cranmer , with his doctors , in his iudiciall seat of the arches , that lady elizabeth was not legitimate , nor that her mother was euer king henryes true wife ( which once being true , could neuer afterward by any humane power be made vntrue , or amended to the preiudice of a third , rightly by due succession interessed therin : ) & if , as the whole parlament testifyed , it should be against all honour , equity , reason , and good conscience , that the said la. elizabeth , should at any tyme possesse the said crowne , then the said popes , respecting in their said sentence ( as it is certayne they did ) the actuall right of the queene of france and scotland , and of her noble issue his ma. tie that now is , they might proceed , as they did , against the other , for her remouall ( whome they held for an vsurper ) in fauour of the true inheritours oppressed by her , not only by spirituall , but temporall armes also , as against a publicke malefactor and intruder contrary to right and conscience . and i cannot see , how this fawning apologer , can eyther without open vntruth , or manifest iniury to his maiesty , auerre the contrary . which being true , doth greatly iustify the endeauours and desires of all good catholicke people , both at home and abroad against her , their principall meaning being euer knowne to haue bene the deliuerance , & preferment of the true heire , most wrongfully kept out , & iniustly persecuted for righteousnes sake . xxxiiii . this then being so , and nothing proued at all against popes for their murthering attempts against princes , which cardinall bellarmyne denyed : yet this apologer , as if he had proued much against him , in this point of contradicting himself , he writeth thus : but who can wonder at this contradiction of himself in this point , when his owne great volumes are so filled with contradictions , which when either he , or any other shall euer be able to reconcile , i will then belieue that he may easily reconcile this impudent strong denyall of his , in his letter , of any popes medling against kings . wherin is to be noted first , that wheras card. ll bellarmine doth deny any popes murthering of princes , this man calleth it , an impudent strong deniall of any popes medling against kings , as though medling , and murthering were all one . is not this good dealing ? truely if the card. ll had denyed , that euer any pope had dealt , or medled against any king , or prince , vpon any occasion whatsoeuer , it had beene a strong denyall indeed : but for so much , as he saith no such thing , i maruaile of the apologers proceeding in this behalfe , for with the word impudent i will not meddle . but let vs heare him yet further . xxxv . and that i may not seeme ( saith he ) to imitate him , in affirming boldly that , which i no waies can proue , i will therefore send the reader , to looke for wittnesses of his contradictions in such places here mentioned in his owne booke . thus he , very confidently , as you see , and verily i cannot but maruaile , that he knowing how many men of learning would looke vpon the places themselues , ( for i vnderstand now also that the book is out in latyn ) would not be ashamed in him self , to suffer their iudgement of him and his doings in this behalfe : albeit he had not respected the cardinals answere , which must nedes be with exceeding aduantage against him , such as , in truth , i am ashamed for countrey sake , that strangers should laugh vs to scorne for such manner of writing . for if i doe vnderstand any thing , and that myne owne eyes , and iudgement doe not deceaue me , this apologer will remayne vnder , in all & euery one of these oppositions , no one of them being defensible in the nature of a true contradiction , and consequently cardinall bellarmynes great volumes of controuersies , will not only , not be proued full of contradictions by this tast here giuen , as is pretended : but will rather be infinitly iustifyed ; that in so many great volumes , this author hath not bene able to picke out any better contradictions then these . wherof againe , i must say and auouch , that no one seemeth to me any contradiction at all , if they be well examined . xxxvi . and though i meane not to discusse them all in this place , nor the greater part of them , they being eleuen in number , as hath bene said , both for breuityes sake , and not to peruent the cardinalls owne answere , and satisfaction therin ( which i doubt not but will be very sufficient , and learned : ) yet three or foure i shall touch only , for examples sake , thereby to giue the reader matter to make coniecture of the rest . this then he beginneth his list of eleuen contradictions against the said cardinall . xxxvii . first in his bookes of iustification ( saith he ) bellarmyne affirmeth , that for the vncertainty of our owne proper righteousnes , and for auoyding of vayne glory , it is most sure and safe , to repose our whole confidence in the alone mercy and goodnes of god : which proposition of his , is directly contrary to the discourse , & current of all his fiue bookes de iustificatione , wherin the same is conteyned &c. of this 〈◊〉 contradiction we haue said somewhat before , to wit , that it is strange , that fiue whole bookes should be brought in , as contradictory to one proposition . for how shall the reader try the truth of this obiection ? shall he be bound to read all bellarmynes fiue bookes , to see whether it be true or no ? had it not bene more plaine dealing to haue alleadged some one sentence , or conclusion contradictory to the other ? but now shall we shew , that there can be no such contradiction betwixt the sentence of one part of his said booke of iustification , & the whole discourse or current of the rest : for that bellarmyne doth make all the matter cleere , by soyling three seuerall questions in one chapter , which is the seauenth of the fifth booke here cyted . xxxviii . the three questions are these , about fiducia , quae in meritis collocari possit , what hope and confidence , may be placed , by a christian man , in his good workes , and merites . the first question is , whether good workes , in a christian man , doe increase hope and confidence by their own nature , and the promise of reward made vnto them ? and bellarmyne answereth that they doe : and proueth it by many places of scriptures , as that of toby the . where it is saied : that almes-deeds shall giue great confidence , and hope to the doers therof in the sight of god. and iob sayeth : that he which liueth iustly , shall haue great confidence , and hope , and shall sleep securely . and s. paul to timothy saith : that whosoeuer shall minister well , shall haue great confidence , &c. and i omit diuers other plaine places of scriptures , and fathers there alleadged by him , which the reader may there peruse to his comfort , shewing euidently , that the conscience of a vertuous life , and good workes , doth giue great confidence to a christian man , both while he liueth , and especially when he commeth to dye . xxxix . the second question is , whether this being so , a man may place any confidence wittingly in his owne merits , or vertuous life . and it is answered , that he may ; so it be with due circumstances of humility , for auoyding pride , and presumption . for that a man feeling the effect of gods grace in himself , wherby he hath bene directed to liue well , may also hope , that god will crowne his gifts in him , as s. augustines wordes are . and many examples of scriptures are alleadged there by card. ll bellarmyne of sundry holy saints , prophets and apostles , that vpon iust occasion mentioned their owne merits , as g●●ts from god that gaue them hope and confidence of his mercifull reward : and namely that saying of s. paul : i haue fought a good fight , i haue consummated my course , i haue kept my faith , &c. and then addeth , that in regard hereof , reposita est mihi corona iustitiae , a crowne of iustice is laid vp for me , which god the iust iudge shall restore vnto me . xl. the third question is ( supposing the sore said determinations ) what counsaile were to be giuen : whether it be good to put confidence in a mans owne merits or no ? whereunto card. ll bellarmyne answereth , in the words set downe by the apologer , that for the vncertainty of our owne proper iustice , and for auoyding the perill of vaine glory , the surest way is to repose all our confidence in the only mercy and benignity of god ; from whome and from whose grace our merits proceed . so as albeit card. ll bellarmyne doth confesse , that good life , and vertuous acts doe giue hope , and confidence of themselues , and that it is lawfull also by the example of auncient saints , for good men to comfort themselues with that hope and confidence : yet the surest way is to repose all in the benignity and mercy of almighty god , who giueth all , and is the authour , as well of the grace , as of the merits , and fruites of good workes that eusue therof . and thus hath cardinall bellarmyne fully explicated his mynd in this one chapter , about confidence in good workes , by soluing the foresaid three different questions , wherof the one is not contrary to the other , but may all three stand togeather . and how then is it likely , that the foresaid proposition , of reposing our confidence in the mercy of god , should be contradictory , as this man saith , to the whole discourse and current of all his fiue bookes of iustification ? let one only sentence be brought forth , out of all these fiue bookes that is truly contradictory , and i shall say he hath reason in all the rest of his ouerlashing . xli . his second obiected contradiction is as good as this , which he setteth downe in these wordes . a god ( saieth bellarmine ) doth not incline a man to euill , eyther naturally or morally : and presently after he affirmeth the contrary , saying : b that god doth not incline to euill naturally but morally . but this is a plaine fallacy of the apologer , for that the word morally is taken heere in two different senses , which himself could not but see . for first card. ll bellarmyne hauing set downe the former proposition , that god doth not incline a man to euill , eyther physicè vel moraliter , naturally or morally , he expoundeth what is vnderstood by ech of these termes , to witt , that naturall or phisicall concurrence is , when god concurreth to the substance of the action , as mouing or impelling a mans will : but morall concurrence is , when he doth commaund or ordayne any synne to be done . as for example , if a great man should concurre to the murther of another , he may doe it in two manners , eyther naturally or phisically , concurring to the action it self of poysoning , strangling , or the like : or morally , by counselling or commaunding the same to be done , which is properly called morall concurrence . and by none of these two wayes , god doth concurre to the committing of a synne . xlii . but there is a third way of concurring , tearmed occasionalicer , occasionally , or by giuing occasion , which improperly also may be called morall : and this is , when god seeing an euill man euill-disposed , to doe this or that synne , though he doe not concurre therunto by any of the foresaid two wayes , of assisting or commaunding the action to be done : yet doth he , by his diuine prouidence , and goodnes , make occasions so to fall our , as this synne , and not that , is committed ; and consequently it may be said , that almighty god , without any fault of his , or concurrence in any o● the forsaid two wayes , hath bene the occasionall cause of this synne . as for example , we read in genesis , that when the brethren of ioseph were obstinately bent to kill him , god , by the pulling by of certayne i smaelites , merchants of galaad , gaue occasion of his selling into egypt ; so as he was herby some occasionall , or morall cause of this lesser synne , for eschewing the greater , but not in the former sense of morall concurrence , which includeth also commandement . xliii . this occasionall concurrence then , though in some large sense , it may be called also morall : yet is it much different from the former , and consequently , the one may be affirmed , and the other denyed , without any contradiction at all . and so this second obseruation against cardinall bellarmyne , is wholy impertinent : for that contradictio must be in eodem , respectu eiusdem , which heere is not verifyed . for that when the cardinall saith in the first place , that god doth not cōcurre morally to synne , he meaneth by cōmaūding or counselling the same : & whē in the later place , he graūteth , that god doth cōcurre somtymes morally , he meaneth by giuing occasiō only for this synne to be cōmitted , rather then that , which is a plaine different thing . xliiii . and of the same quality is the third contradiction , set downe by the apologer in these wordes : all the fathers teach constantly ( saith bellarmyne ) that bishops doe succeed the apostles , and priests the seauenty disciples . and then in another part of his workes , he affirmeth the contrary : that bishops doe not properly succeed the apostles . but whosoeuer shall looke vpon the places here quoted , shall fynde this to be spoken in diuers senses , to witt , that they succeed them in power of episcopall order , and not in power of iurisdiction , and other extraordinary priuiledges : so as both those doe well stand togeather . and the like i say of the . contradiction obiected , which is , that iudas did not belieue : & yet in an other place , that iudas was iust , and certaynly good : which is no contradiction at all , if we respect the two seuerall tymes , wherof cardinall bellarmyne doth speake , prouing first , out of s. iohns ghospell , by the interpretation of s. hierome , that iudas at the beginning was good , and did belieue ; and then by other words of christ in the same euangelist , vttered a good while after the apostles vocation , that he was a dyuell . and belieued not . and who but our apologer , would found a cōtradictiō against so learned a man as bellarmyne is , vpon a manifest equiuocation of tymes , wherby he may no lesse argue with bellarmyne for calling s. paul an apostle and persecutour , and nicolaus an elect of the holy ghost , and yet an heretick , for that the one was a persecutour first , and then an apostle , and the other first a chosen deacon by the holy ghost , and afterward an hereticke , possessed by the diuell , as most do hould . xlv . but i should doe iniury ( as before i said ) both vnto cardinall bellarmyne and my self , if i should goe about to answere these supposed contradictions at length . to the cardinall , in preuenting him , that will doe it much better . vnto my self , in spending tyme in a needles labour , for so much as euery one of meane iudgemēt , that will but looke vpon the bookes , and places themselues heere cyted , will discouer the weaknes of these obiections , and that they haue more will , then ability to disgrace cardinall bellarmyne . xlvi . after the obiecting then of these deuised contradictions , our apologer returneth againe to exagitate yet further the foresaid saying of bellarmyne , that neither his maiesty , nor other king hath need to feare any daunger to his royall person , by acknowledging the popes spirituall authority in his kingdome , more then other christians , and monarches haue done heretofore , or doe now in other kingdomes round about him , who admitt the same authority and haue done euen from the beginning of their christianity , without any such dangers of murther incurred therby . wherupon this apologer maketh a large new excursion , numbering vp a great catalogue of contentions , that haue fallen out , betweene some popes and emperours , & the said emperours receaued hurtes , domages , and dangers therby , and consequently had cause to feare , contrary to that which bellarmyne writeth . xlvii . and in this enumeration the apologer bringeth in the example of the emperour henry the . brought to doe pennance at the castle of canusium , by pope gregory the seauenth ; as also of the emperour fredericke the first , forced by pope alexander the third to lie agroofe ( as his word is ) on his belly , and suffer the other to tread on his necke : of the emperour philip , that is said to haue bene slaine by otho at the popes motion ; and that in respect therof , the said otho going to rome , was made emperour , though afterward the pope deposed him also : of the emperour fredericke the second , excommunicated , and depriued by pope innocentius the fourth , who in apulia corrupted one to giue him poyson , and this not taking effect , hyred one manfredus to poyson him , wherof he dyed : that pope alexander the third wrote to the soldane to murther the emperour , & sent him his picture to that effect : that pope alexander the sixth , caused the brother of baiazetes the turkish emperour , named gemen , to be poysoned at his brothers request , and had two hundred thowsand crownes for the same : that our king henry the second , besides his going barefooted in pilgrimage , was whipped vp and downe the chapter-howse , like a schoole-boy , and glad to escape so too : that the father of the moderne king of france , was depriued by the pope of the kingdome of nauarre , and himself ( i meane this king of france ) forced to begge so submissiuely the relaxation of his excommunication , as he was content to suffer his embassadour to be whipped at rome for pennance . xlviii . all these examples are heaped togeather to make a muster of witnesses , for proofe of the dangers wherin princes persons are , or may be , by acknowledging the popes supreme authority . but first in perusing of these , i fynde such a heape indeed of exaggerations , additions , wrestings , and other vnsyncere dealings , as would require a particuler booke to refute them at large . and the very last here mētioned of the present king of france , may shew what credit is to be giuen to all the rest , to witt , that he suffered his embassadour to be whipped at rome , & the latin interpreter turneth it , vt legatum suum romae virgis caesum passus sit : as though he had bene scourged with rodds vpon the bare flesh , or whipped vp and downe rome ; wheras so many hundreds being yet aliue that saw that ceremony ( which was no more , but the laying on , or touching of the said embassadours shoulder with a long white wand vpon his apparell , in token of submitting himself to ecclesiasticall discipline ) it maketh them both to wonder , and laugh at such monstrous assertions , comming out in print : and with the same estimation of punctuall fidelity doe they measure other things here auouched . ixl. as for exāple , that our king henry the second was whipped vp and downe the chapter-house , & glad that he could escape so too , for which he cyteth houeden , and this he insinuateth to be , by order of the pope : in respect wherof ( he saith ) the king had iust cause to be afraid . but the author doth plainly shew the contrary , first setting downe the charter of the kings absolution , where no such pennāce is appointed : & secondly after that againe in relating the voluntary pennances which the king did at the sepulcher of s. thomas , for being some occasiō of his death , doth refute therby this narration , as fraudulent , and vnsyncere , that the king was whipped like a school-boy by order of the pope , as though it had not come frō his owne free choice , and deuotion . l. that other instance of the emperour , that lay agroofe on his belly ( which i suppose he meaneth of fredericke the first ) and suffered pope alexander the third to tread on his necke , is a great exaggeratiō , and refuted , as fabulous , by many reasons , and authorityes of baronius , to whome i remit me . the other in like māner of celestinus the pope , that should with his foote beate of the crown from the head of henry the sixt emperour , being only mentioned first of all others by houeden an english authour , and from him taken by ranulph of chester , no other writer of other nations , eyther present at his coronation as godesridus viterbiensis his secretary , or others afterward as a platina , b nauclerus , c sabellicus , d blondus , e sigonius , f crantzius , so much as mentioning the same , though yet they write of his coronation , maketh it improbable , and no lesse incredible then the former . li. that also of the emperour philip , affirmed to be slaine by otho his opposite emperour , at the incitation of pope innocentius the third , is a meere slaūder . for that , according to all histories , not otho the emperour , but an other otho named of vvitilispack ▪ a priuate man & one of his owne court , vpon a priuate grudge , did slay him . and albeit vrspergensis , that followed the faction of the emperours against the popes , doe write , that he had heard related by some the speech here sett downe , that innocentius should lay , that he would take the crowne from philip , or philip should take the myter from him : yet he saith expresly , quod non erat credendum , that it was not to be belieued . and yet is it cyted here , by our apologer , as an vndoubted truth , vpon the onely authority of vrspergensis in the margent . lii . the like may be said of the tale of frederick the second , attempted to haue bene poysoned , first in apulia by pope innocentius the . and afterward effectuated by one mansredus , as hyred by the pope : which is a very tale in deede , and a malicious tale . for that he which shall read all the authors that write of his life , or death , as platina ( whome the protestants hold for free in speaking euill of diuers popes ) blondus , sabellicus , nauclerus , crantzius , sigonius , & others , shall fynd , that as they write very wicked thinges committed by him in his life : so talking of his first danger in apulia by greuous sicknes , they make for the most part no mention of poyson at all , and much lesse as procured by the pope innocentius , praysed * for a very holy man , and to haue proceded iustly against fredericke . and secondly for his death , they agree all , that it was not by poyson , but by stopping his breath and stifelyng him in his bed with a pillow , by mansredus his owne bastard sonne , to whome he had giuen the princedome of tarentum , for feare least he should take it from him againe , and bestow it vpon conradus his other soone . but that the pope was priuy to this , or hyred him to doe the fact , as our apologer affirmeth ; there is no one word or sillable in these authors therof . liii . but you will say , that he cyteth one petrus de vineis in his margent , and cuspinian in the life of fredericke , both which are but one authour ; for that cuspinian professeth to take what he saith , out of petrus de vineis , which petrus was a seruant to fredericke , and a professed enemy to the pope , and wrote so partially of this contention , as pope innocentius himself wrote libros apologeticos ( as blondus recordeth ) apologeticall bookes to coniute the lyes of this petrus de vineis in his life tyme : and yet yow must note , that he auoucheth not all that our apologer doth , nor with so much stomacke , or affirmatiue assertion . for thus relateth cuspinian the matter , out of petrus de vineis : non potuit cauere , &c. the emperour could not auoyd , but when he returned into apulia he perished with poyson , the . yeare of his raigne , and . of his age , on the very same day that he was made emperour . for wheras at the towne of florenzola in apulia , hauing receaued poyson he was dangerously sicke , and at length , by diligence of phisitions , had ouercome the same , he was stifeled by mansredus his bastard sonne , begotten of a noble woman his concubine , with a pillow thrust into his mouth , whether it were , that mansredus did it , as corrupted by his enemyes , or by the pope , or for that he did aspire to the kingdome of sicilia . so he . liv. and albeit , as yow see , he saith more herin against the pope , then any of the other authours before mentioned , for that he desired to cast some suspitions vpon him : yet doth he it not with that bold asseueration , that our apologer doth , saying : that both his first sicknes was by poyson , of the popes procurement , and his murthering afterward by hyring of manfredus to poyson him againe : whereas the other ascribeth not the first poysoning to the pope ( if he were poysoned ) neyther doth so much as mention the second poyson , but onely the stifeling , and finally leaueth it doubtfull , whether the same proceeded from the emperours enemyes , or from the pope , or from his sonnes owne ambition , and emulation against his brother . lv. to the other obiection , or rather calumniation out of paulus iouius , that alexander the third did write to the soldane , that if he would liue quietly , he should procure the murther of the emperour , sending him his picture to that end : it is answered , that no such thing is found in that second booke of iouius , by him here cyted , nor elswhere in that history , so far as by some diligence vsed i can fynde : and it is not likely , it should be found in him , for so much as he beginneth his history with matters only of our tyme , some hundreds of yeares after alexander the third his death . lvi . so as the only chiefe accusation , that may seeme to haue some ground against any pope , in this catalogue , for procuring the death of any prince , is that which he alleadgeth out of cuspinian , that alexander the sixth tooke two hundred thowsand crownes of baiazetes emperour of the turkes , to cause his brother gemen to be put to death , whome he held captiue at rome , which he performed ( saith our apologer ) by poyson , and had his pay ; this i say , hath most apparence : for that some other authors also besides doe relate the same , affirming , that albeit prince gemen the turke , when he dyed , eyther at caieta , or naples , or capua , ( for in this they differ ) was not the popes prisoner , but in the hands of charles the . king of france , who tooke him from rome with him , when he passed that way with his army : yet that the common fame or rumour was , that pope alexander the sixth , had part therin , or , as cuspinias words are , pontifice non ignorante , the pope not vnwitting therof . the reason of which report guicciardine alleadgeth to be this , to wit , that the euill nature and condition of pope alexander , which was hatefull to all men , made any iniquity to be belieued of him . a onuphrius panuinus writeth that he dyed in capua of a bloudy flux without any mention of poyson . and b sabellicus before him againe , relateth the matter doubtfully saying ; fuerunt qui crederent , eum veneno sublatum , &c. there were some that belieued , that he was made away by poyson , and that alexander the pope was not ignorant therof ; for that he was so alienate in mynde from the french-men , that he was loath they should take any good by him : thus we see , that the matter is but doubtfully and suspiciously related only , and the french-men being angry for his death , by whome they hoped great matters , might easily brute abroad a false rumour , for their owne defence in that behalfe . lvii . but as for the two hundred thowsand crownes , though iouius doe say , that they were offered by baiazet , as also vestis inconsutilis christi , the garment of our sauiour without seame : yet doth he not say , that they were receaued , eyther the one , or the other . so as whatsoeuer euill is mentioned of any pope , our apologer maketh it certayne : and when it is but little , he will inlarge it to make it more : and when it is spoken doubtfully , he will affirme it for a certaynty : wherin he discouereth his owne humour against popes , and therby limiteth the readers faith in belieuing him ; though we do not take vpon vs to defend the liues and facts of all particuler popes , but their faith and authority ; being forewarned by our sauiour , that vpon the chayre of moyses shall fit scribes and pharisyes , whome we must obey , in that they teach , and not follow or imitate , in that they doe . and this shall serue for this point : card. ll bellarmyne , i doubt not , will be more large . if a man would go about to discredit kingly authority , by all the misdeeds of particuler kings that haue byn registred by historiographers , since the tyme that popes began , he should fynde , no doubt , aboundant matter , and such , as could not be defended by any probability . and yet doth this preiudicate nothing to princely power or dignity , and much lesse in our case , where the facts themselues obiected , are eyther exaggerated , increased , wrested , or altogeather falsifyed . the third part of this paragraph . there remayneth the last part of this impugnation of the cardinalls letter , which consisteth in the examining all the authorityes and sentences of ancient fathers , alledged by him in the same . as first of all , the comparison of the art , and deceipt vsed by iulian the emperour , surnamed apostata , and recounted by s. gregory nazianzen , in placing , and inserting the images of his false gods , into the pictures of the emperour , in his imperiall banner : so , as no man could bow downe , or reuerence the emperours picture , ( as then was the custome ) but that he must adore also the images of the false gods. which art of temperament , the cardinall doth compare vnto this mixture & combination of clauses lawfull , and vnlawfull , cyuill , and ecclesiasticall in the oath proposed ; so as a man can not sweare the one , but he must sweare also the other . which similitude , although it do expresse most fitly the matter in hand ; yet the apologer being sorely pressed therwith seeketh many euasions to euacuate the same , by searching out dissimilitudes , and saying ; that albeit a similitude may be admitted claudicare vno pede , to limp , or halt on one foote : yet this ( saith he ) is lame , both of feete & hands , and euery member of the body : and then he taketh vpon him to set downe at length the diuersityes that may be picked out . as first , that iulian was an apostata , but our soueraigne is a christian : he changed the religion which he once professed , but our king not : he became an ethnicke , or an atheist , our king is not ashamed of his profession : iulian dealt against christians , but his ma. tie dealeth only to make a distinction betweene true subiects , and false-harted traytours . and so he goeth forward to weary his reader with many more like diuersityes , which must needs be loathsome to euery man of meane iudgment , who know that a similitude requireth not parity in all poynts ( for then it should be idem , and not simile ) but only in the poynt wherin the comparison is made , as heere in the compounding and couching togeather of lawfull and vnlawfull things in the oath , as the other did in his banner . lix . for if a man would tryfle , as our apologer doth , and seeke out differences betweene things , that are compared togeather , as like in some certayne poynts , but vnlike in other ; we should ouerthrow all similitudes whatsoeuer , and consequently we should eneruate many most heauenly speaches of our sauiour in the ghospell , that stand vpon similitudes . as for example : be yow wise as serpents , and simple as doues . what enemy of christian religion might not cauill , and calumniate this ? seeking out diuersityes betwixt a serpent and a man , and betweene the malicious craft of that malignant creature , and the wisedome that ought to be in a prudent man. but it is sufficient that the similitude do hold in that particuler poynt , wherin christ made the comparison . and so agayne , when our sauiour maketh the comparison betweene the kingdome of heauen , and the litle grayne of mustard-seed ; who cannot fynd out infinite differences betweene the one and the other , making the similitude to halt and limp in many more parts , then it can go vpright . but it is sufficient , that it stand , and halt not in that one poynt , wherin the comparison is made . lx. i passe ouer many other like similitudes , as that the kingdome of heauen , is like to a man that soweth good seed in his field : as also it is like to leauen , which a woman tooke and hid in three measures of meale , vntil the whole was leauened : it is like also to a treasure hid in the ground ; and to a marchant man , that seeketh good margarites , and precious stones : and vnto a net cast into the sea , and gathering togeather of all kynd of fishes . who cannot ( i say ) fynd out differences and diuersityes , if he would study for them in all these similitudes vsed by our sauiour . for as for the last of the net , that gathereth togeather perforce , good and bad fish in the sea , seemeth hard to be applyed to the kingdome of heauen , whether we vnderstand it , eyther of gods kingdome in the next world , or of the church in this ; for that in the next world good & bad are not admitted ; and in this world , the church of christ gathereth none perforce , as the net doth . but yet in the poynt it selfe , wherin christ our sauiour made the comparison , the similitude doth hold ; and that is sufficient to shew the impertinent indeauour of this apologer heere , to seeke out diuersityes , that appertayne not to the poynt wherin the comparison is made . lxi . the next example which our apologer seeketh to auoyd or euacuate in the cardinalls letter , is that of old eleazar in the booke of machabees , who rather then he would do a thing vnlawfull , and against his owne conscience , or that might be scandalous to others , he refused not to suffer all kynd of torments ; which the cardinall applyeth to the taking of this vnlawfull oath , by such as are catholicks , but especially by the arch-priest , head of the clergie in england , whose case he presumeth to be more like to that of eleazar , for his age , estimation , and authority aboue the rest . to which example the apologer answereth thus : that if the arch-priests ground of refusing this oath were as good as eleazars was , for refusing to eate of the swynes-flesh that was proposed , and vrged vnto him , it might not vnfitly be applyed to his purpose : but the ground fayling , ( saith he ) the building cannot stand . but this is an escape much like the former , that runneth quite from the matter : for that the cardinall supposeth a catholicke conscience in him to whome he writeth , to which conscience it is as repugnant to sweare any thing , sounding against any poynt of catholicke religion or doctrine , as it was to eleazar to eate swynes-flesh , against the law of moyses . which supposition being made , and that in the cardinalls iudgment , this oath conteyneth diuers clauses preiudiciall to some poynts of the said catholice beliefe and doctrine concerning the authority of the sea apostolicke , and that the taking therof would not only be hurtfull to the taker , but offensiue also , and scandalous to many other of that religion , both at home and abroad ; the application of this example of eleazar was most fit and effectuall . let vs see what ensueth of the rest of the authorityes . lxii . the third example is of s. basill surnamed for his rare learning and holinesse , the great , who being most earnestly exhorted ( as theodoret recounteth the story ) by modestus the deputy of valens the arrian emperour , sent of purpose to that effect , that he should accōmodate himself to the said emperours will , & present tyme , and not suffer so many great churches to be abandoned ( for that all such bishops , as would not accommodate themselues were sent into banishment ) for a little needles subtility of doctrines , not so much to be esteemed : offering him also , the friendship of the emperour , and many other great benefits to ensue , both to him and others , if he would in this poynt shew himselfe conformable . but this holy and prudent man ( saith the cardinall ) answered , that it was not to be indured , that any one syllable of * dyuine doctrynes , should be corrupted , or neglected ; but rather , that for the defence therof , all kynd of torment was to be imbraced . out of which example the cardinall doth gather , how strict and wary a good man must be , in yealding to any thing neuer so litle , that is preiudicall to the integrity of catholicke doctryne : and it seemeth very fit to the purpose , and the cases somwhat like . lxiii . yet doth our apologer by all meanes possible seeke to wype of , or weaken all that can be inferred out of this example . and first of all , he beginneth with a meere calumniation thus : first i must obserue ( saith he ) that if the cardinall would leaue a common and ordinary tricke of his , in all citations , which is , to take what makes for him , and leaue out what makes against him , & would cyte the authors sense , as well as the sentence ; we should not be so much troubled with answering the ancients which he alledgeth . and to instance it in this very place , if he had continued his allegation but one lyne further ; he should haue found this place of theodoret , of more force , to haue moued blackwell to take the oath , then to haue dissuaded him from it . for in the very next words it followeth ( in s. basils speach : ) i do esteeme greatly the emperours friendship , if it be ioyned with piety , but without it , i hold it for pernicious . so he . lxiv . and do these words last adioyned make any thing at all for our apologer ? or rather agree they not fitly to the purpose of the cardinals exhortation , though for breuityes sake he left them out ? how then is their omission brought in for a profe of a common & ordinarie tricke of the cardinals , in all his citations , to take only that which is for him , & leaue out what makes against him ? how is this against him ? or how doth this shew any such ordinary tricke of falshood in the cardinal , not in one or two , but in all his citations ? doth this man care what he saith ? this then is one shift , to answere this ancient , or rather anticke , as heere he is made . let vs see an other . lxv . his second is by taking aduantage of translation out of the greeke , in which theodoret wrote his story , or rather by peruerting the same in some pointes to his purpose . for which cause he repeateth againe the substance of the history in these wordes : but that it may appeare ( saith he ) whether of vs hath greater right to this place ( of theodoret about s. basil ) i will in few wordes shew the authous drift . the emperour valens being an arrian , at the perswasion of his wife , whē he had depriued all the churches of their pastours , came to caesarea , where s. * basil was then bishop ; who , as the story reporteth , was the light of the world . before he came , he sent his deputy to worke it , that s. basil should hold fellowship with eudoxius ( which eudoxius was bishop of constantinople and the principall of the arrian faction ) or if he would not , that he should put him to banishment . now when the emperours deputy came to caesarea , he sent for basil , intreated him honorably , spake pleasingly vnto him , desired he would giue way to the tyme , neyther that he would hazard the good of so many churches tenui exquisitione dogmatis , promised him the emperours fauour , and himselfe to be mediatour for his good . but s. basil answered , these intising speaches were fit to be vsed to children , that vse to gape after such things . but for them that were throughly instructed in gods word , they could neuer suffer any syllable therof to be corrupted . nay , if need required , they would for the maintenance therof , refuse no kind of death . in deed the loue of the emperour ought to be greatly esteemed with piety ; but piety taken away , it was pernicious . lxvi . this is the truth of the storie ( saith he : ) & i haue layd downe at length his declaration , to the end that his sleightes may the better appeare in eluding the force of this answere of s. basil , as though he had said only , that no syllable of gods word was to be suffered to be corrupted , wheras his meaning was , not only of gods word , or of scriptures alone , but , ne vnam quidem syllabam diuinorum dogmatum , not any one syllable of dyuine doctrine , taught by the catholicke church , and so much import his wordes in greeke , which are guylfully heere translated : for that insteed of the forealleadged sentence , wherein consisteth the substance of the said answere , to witt : that for them that are throughly instructed in gods word , they can neuer suffer any syllable thereof to be corrupted , he should haue said : that they that haue beene brought vp & nourished in sacred learning , cannot suffer any one syllable of dyuine doctrynes ( of the church ) to be violated , which is cōforme also to s. basils purpose in hand . for that the controuersy , which he and other catholicke bishops had with the arrian doctors in those dayes , was not only , nor immediatly about the scriptures out of which the arrians alleadged more aboundantly then their aduersaries , but about certayne doctrynes determined by the church , especially by the councell of nice , as namely about the vse of the wordes and doctrines of hom●sion , or consubstantiality , hypostasis , substance , person , trinitie , and other the like ; and whether they should say gloria patriet filio , or gloria patri cum filio ; or in filio , & such other differences , which vnto the deputy modestus , seemed but small matters and subtilityes of doctrine , but to s. basil matters of great moment : for so much as they were now determined by the church , and thereby made diuina dogmata , diuyne doctrines , though they were not all expresly found in scriptures . so as this sleight in trāslating s. basils answer , that such as were throughly instructed in gods worde could neuer suffer any syllable therof to be corrupted ( as though he had meant only of scripturs ) is not sincere , neyther agreable eyther vnto the letter of the greeke text , or meaning of s. basill . lxvii . let vs see then his third shift , to put of this matter , which is the same that before we haue mentioned in the first example of iulian , to witt , by seeking out differences , & disparityes , betweene the clauses or members that are compared togeather , saying : that albeit basil and the arch-priest may haue some comparison ; yet not our orthodoxe king with an arrian emperour . basil was sollicited to become an arrian : but the arch-priest , not once touched for any article of faith . and so he goeth forward with many contrapositions . but i haue spoken sufficiently before of the weaknes of this manner of argument . and if we remoue the mentions of some persons , that may be offensiue , the matters themselues will easily discouer their conformity . for if yow had demaunded modestus the deputy then , in fauour of what religion would he haue s. basil to conforme himselfe & subscribe ; he would haue said the orthodoxe , no lesse then the iudges of england do now , that require this oath : and yet did not s. basil thinke so . and if any man should haue called that emperour an arrian , it would haue bene no lesse offensiue , then to call a protestant-prince at his day , a caluinist or lutheran ; notwithstanding that the reason of difference betweene the catholicks and arrians at that day , be the same , that is betweene catholicks and protestants at this day : to witt , the following , or impugning of the vniuersall knowne church , descending from christes tyme , vnto saint basils , and from saint basils to ours . lxviii . there remayne yet . or . other exāples mentioned by the cardinall in his epistle to the archpriest , wherof the first two are of s. peter , and marcellinus the pope , whose fortitude and diligence in rysing agayne , he desyreth him to imitate , if perhaps he followed their infirmity in falling . the other two , are of s. gregorie , and s. leo , two holy and learned popes , and for that cause both of them surnamed the great , who do set downe in dyuers places , the obligation that all catholicke christian men haue , to hold vnion and subordination with the sea apostolicke . vnto the first two examples , as there is litle said , but disparityes only sought out , betweene peter and marcellinus , and the story also of marcellinus called in question ; so i leaue the same to the cardinall himselfe to treate more at large : for so much , as in his former books , & workes , he hath handled the same sufficiently ; as also the third obiection , made against s. gregorie , about refusing the name of vniuersall bishop . and the same i must say of the . also , s. leo , whome the apologer confesseth to be truly alledged against him , for exalting the authority of s. peter , and firmitie of his faith , which he putteth of with this scoffe borrowed from d. iohn reynolds his booke of conference in the tower , that as tully said to hortensius the orator , when he praised immoderatly eloquence , that he would lift her vp to heauē , that himselfe might go vp with her : so would s. leo lift vp s. peter with prayses to the sky , that he being his heire , might go vp also , and be exalted with him . lxix . and after this scorne , he picketh out diuers sentences of s. leo his works , which seeme somewhat odious , & to contayne ouermuch praise , & exaltation of s. peter , & his authority ; all takē out of the said reynolds booke , as reynoldes himselfe had takē the greatest part of thē out of m. iewell , to whome the same was very sufficiently answered before by d. harding , and the most of them shewed to be meere calumniations . the first and chiefe wherof is this , that our lord did take s. peter into the fellowship of indiuisible vnity ; which s. leo his aduersaries going about to wrest to an absurd sense , to wit , that this indiuisible vnity must eyther be in person , or nature with christ , d. harding sheweth playnly by s. leo his owne words , sense , and drift , that he meant it only of the indiuisible vnity or fellowship of the high name of rocke of the church , which christ our sauiour the chiefe and fundamentall rocke imparted to none , but to s. peter , and consequently that vnity of name of rocke was indiuisible betwene them : which if eyther m. iewell , or m. reynolds , or our apologer would haue equally considered , they needed not to go about to disgrace so ancient a father with so meere a cauill : or at leastwise it being once answered , they ought not to haue so oftē repeated it againe , without some new matter , or reason for the same , or impugnation of the former answere . lxx . but i will not trouble yow with any more at this tyme , albeit there ensue in the apology diuers other poynts that might be stood vpon , not for that they conteyne any great substance of matter , but for that they seeme to proceed out of no small auersion of mynd , acerbity , and gall in the writer , against all sortes of catholicke people : which christ iesvs amend and mollify , and giue him light from heauen to see the truth , that he so bitterly impugneth . lxxi . and as he dealeth with s. leo , so doth he much more in the same kynd with d. or sanders , and cardinall bellarmine , cyting out of their workes , dyuers sentences culled and layd togeather , that seeme lesse respectiue to the authority of temporall kings and princes , and all this to incite more his ma. tie against them , and those of their religion : and fynally , against the cardinall , he concludeth in these wordes : that god is no more contrary to belial , light to darknes , and heauen to hell , then bellarmines estimation of kings is to gods. which is a very passionate conclusion , if yow consider it well , for that setting asyde the preheminēce for iudging in matters of religion , which in his controuersyes he proueth both by scripture , and testimony of all antiquity , to appertayne to bishops and not to princes ( & so was practised for . yeares after christ , when few , or no kings , or emperours were yet christians ; ) in all other poyntes he speaketh so reuerently of them , and defendeth their supreme authority with as great respect as any authour ( perhaps ) hath euer done before him . and to pretermit other places , let the reader but looke ouer the first . chapters of his booke de laicis , and he shall fynd not only the authority of princes proued to be from god , by many scriptures , fathers , councels , reasons , and other authorityes of saints , against anabaptists , atheists , and other miscreants of our tyme ; but the quality also , and excellent power of the said princely authority so exalted both for making of lawes , iudging , condemning , waging warre , and like actions of supreme power ; as will easily refute this cauillation . lxxii . and among other propositions tending to that effect , he hath this in the beginning of his eleuenth chapter , which he proueth largely , and of purpose throughout the same ; not only , that temporall princes are to be obeyed out of conscience , or for conscience sake ; but also , quod lex ciuilis non minùs obligat in conscientia , quàm lex diuina : that the cyuil law of the temporall prince doth no lesse bynd the subiect in conscience , thē the law that commeth immediatly from god himself . and how then is cardinall bellarmyne said heere to be no lesse contrary to god , concerning kings authority , then light to darknes , and heauen to hell ? but especially if yow consider further , that when cardinall bellarmyne in that booke , commeth to treat of the authority of temporall princes in matter of religion , though he set downe this conclusion , that , non pertinet ad eos iudicium de religione , the authority of iudging of religion ( which is true or false ) belongeth not vnto them , but vnto bishops : yet , pertinet ad eos defensio religionis , the defence and protection of religion appertayneth vnto them : as also the cyuill gouernmēt in cyuill matters ouer all persons , as well ecclesiasticall as temporall , which is so much as a catholicke man can giue to caesar , reseruing to god that which is gods. lxxiii . and albeit this might be sufficiēt to shew the tooth that is held against cardinall bellarmine , and the ardent appetite these ministers haue to disgrace him in somewhat : yet am i inforced to lay forth some few examples more , wherby , as in a cleere glasse , the indifferent reader will see , behold , and wonder also , at the manner of dealing vsed against him to that end . lxxiv . and now we haue already seene , what general conclusions haue bene gathered against him : that he vseth to contradict himselfe wittingly , so often as euer he is pressed with any hard argument by his aduersary : that his common tricke is to tell the sentence of his authour without his sense : that he seeketh euery-where to debase kingly authority , and the like . which generalityes , as , in truth and reason , they may not be inferred , but vpon proofe , and induction of many particularyties : so when it commeth to tryall , yow haue seene not so much , as any one particuler sufficiently proued . now shall yow heare some more examples of calumnious dealing with him . lxxv . pag. . the apologer speaking of s. gregorie the great , and going about to interpret those wordes of his , alleadged by the cardinall , where he calleth ▪ the sea apostolicke caput fidei , the head of faith , in regard of the direction in matters of faith , that is to be taken from thence , as from the head ; the apologer would haue it vnderstood , that for so much as in that place he speaketh to the bishop of palermo about the vse of the pall , accustomed to be gyuen by the sea apostolicke to archbishops , s. gregories meaning is , that the sea apostolicke of rome is head only in matters of cerimonyes , and then he inferreth thus : vvhich sense ( saith he ) if yow will not admit , giue me leaue to say that once of one ( gregorie ) which bellarmyne himselfe saith often of many of the fathers , minùs cautè locutus est : gregorie spake not so aduisedly : and the latin translation hath , quod ille de multis , & saepe dicit , ex omni numero patrū , that bellarmyne saith it often , & of many , and of all sortes of fathers ; to wit , that they spake inconsideratly : and yet when i went to examyne the two places of bellarmynes workes , cyted by our apologer in the margent , i found a strange abuse , to wit , no such thing at all spoken of the fathers , but only of one nicolaus de lyra , made a christian of a iew , not much aboue two hundred yeares past , who seeming by some words of his , to hold a certayne extrauagāt opiniō , that s. peter , & s. paul were not put to death at rome , but at hierusalem , against the generall consent of all antiquity , cardinal bellarmyne expoundeth first , what his true meaning was , to witt , nothing in deed differing from the fathers expositions , and namely of s. hierome , and then addeth , quanquam minùs cautè locutus est &c : albeit lyranus in his manner of speach , was not so wary , as he might haue byn , in giuing suspicion of so absurd an opinion , and so contrary to all the ancient fathers . heere then yow see , how matters are strayned . that which cardinall bellarmyne speaketh only of nicolaus lyranus vpon so iust occasion , as this was , is extended by our apologer , to often , many , and all sortes of fathers . is this good dealing ? how can the apologer defend himself in this place , from willfull exaggeration , and voluntary mistaking ? in the other place cyted by him lib. . de christo cap. . there is no such matter at all . but let vs see some other like examples . lxxvi . pag ▪ . he setteth downe this generall odious proposition-out of bellarmyne : that kings are rather slaues , then lordes . and may a man thinke this to be true or likely , that so rude a proposition should come from bellarmine ? looke vpon the place by him cyted lib. . de laicis cap. . & yow will maruaile extremly at this manner of proceeding . for that in this very place , yow shall fynd that the cardinall doth most exalt , and confirme by scriptures , fathers , and other arguments , the dignity and authority of the cyuill magistrate among christians . and in the next precedent chapter before this cyted , he hath this begining . the fourth reason , saith he ( to proue the lawfulnes and dignity of the cyuill magistrate against the anabaptists ) is from the efficiēt cause , to witt , god the authour therof , from whom it is certayne , that cyuill power proceedeth , as s. augustine proueth throughout his whole fourth , and fifth bookes de ciuitate dei , and it is euident by the scriptures , for that god saith : by me kings do raigne &c. lxxvii . so bellarmine : and then passing to the next chapter heere cyted , which is the seuenth , he proueth the same by another argument , which is . that in the state of innocency , if adam had not synned , wee should haue had cyuil subiection and gouernment ; and consequently it cānot be thought to be euill , or brought in by sinne , or for the punnishment of synne , as the anabaptistes affirmed , but must needs be of god , & from god. true it is ( saith he ) that seruile , or slauish subiection , was brought in after the fall of adam , and should not haue byn in the state of innocency , but cyuill subiection should . and then he sheweth the differences betweene these two sortes of gouernment , and subiections , to witt , that the one , which is the seruile , tendeth wholy to the vtility and emolument of him that gouerneth , and nothing to them that are gouerned . but the other which is cyuill and politick , tendeth principally to the profit of them that are gouerned therby . so as if there be any seruitude , saith bellarmine ( but he meaneth not slauish ) in this ciuill principality , it falleth rather vpon him , that gouerneth the people to their owne vtility , then vpon the subiectes that receaue the said vtility therby . and so are bishops called the seruantes of their flockes , and the pope himselfe , the seruant of seruants : and s. augustine vpon those wordes of our sauiour in s. matthews ghospell ( he that will be made first ( or chiefe ) among you , must be the seruant of all the rest ) doth proue at large , that , in ciuili principatu , magis s●ruus est , qui praeest , quàm qui subest : in a ciuill principality , he is more a seruant that gouerneth to other mens profit , then he that obeyeth , to his owne . lxxviii . this is all that cardinall bellarmyne hath about this matter : wherin he doth scarce name a king , as yow see , but bishops , and popes to be seruants in the gouermēts of those , whome they gouerne ; though he include good kings in like manner , putting this difference betwene a good king , & a tyrant , out of aristotle ; that a good king gouerneth to the profit of his subiects , wherin he is their seruant in effect ( though not their slaue , as this man odiously vrgeth ) and a tyrant , that turneth all to his owne vtility without respect of those , whome he gouerneth . and is this so absurd doctrine ? or doth this iustify the apologers outragious proposition , that bellarmyne affirmeth kings to be rather slaues then lordes ? who would not be ashamed of this intemperate accusation ? lxxix . and now there remayne eleuen places more of like quality , alleadged by the apologer out of cardinall bellarmynes workes , which being examined by the authors wordes , meaning , and sense , haue the same want of sincerity which the precedent had . the second is , that kings are not only subiects to popes , to bishops , to priests , but euen to deacons . this is a playne cauill : for the fault , if any be , falleth vpon s. chrysostome , and not vpon the cardinall , whose wordes are these : s. chrysostome in his eyghtie and three homilie vpon s. matthewes . ghospell , doth subiect kings and princes ( in ecclesiasticall matters ) not only to bishops , but also to deacons . for thus he speaketh to his deacon : si dux quispiam , si consul , si is qui diademate ornatur &c. if a duke , if a consul , if one that weareth a crowne , commeth to the sacramēt vnworthily , restrayne him , and forbid him , for that thou hast greater power then he . what fault hath cardinall bellarmine heere in alledging the words , and iudgement of s. chrysostome ? lxxx . the third place is , that an emperour must content himself to drinke , not only after a bishop , but after a bishops chaplin . but these wordes are not found in bellarmine , but are odiously framed by the apologer out of a fact of s. martyn bishop of tewers in france , related by auncient sulpitius in his life , that he sitting one day at dynner with the emperour maximus , and the emperours officer bringing a cup of wine to his lord , he would not drinke therof first , but gaue it to the bishop to beginne , who accepting therof , and drinking , deliuered the said cup to his priest to drinke next after him , thinking no lay-man to be preferred before a priest , saith sulpitius . but what doth this touch bellarmine , that doth but relate the story . may he , in truth , be said to ●rouch , that an emperor must be cōtēt to drinke after a bishops chaplin ? who seeth not this violēt inforcemēt ? lxxxi . his fourth place is this , that kinges haue not their authority , nor office from god , nor his law ; but from the law of nations . good god! what desyre is here descried of calumniation ? let any man read the two places here quoted , and he will blesse himselfe , i thinke , to see such dealing . for in the first place his wordes are these : principatus saecularis . &c. secular princedome is instituted by mā , & is of the law of nations ; but ecclesiasticall princedome is only from god , and by dyuine law , which he meaneth expresly of the first institution of those principalyties , or gouernmentes : for that at the beginning god did not immediatly appoynt these particuler and different formes of temporall gouernment , which now the world hath , some of kinges , some of dukes , some of common-wealthes , but appoynted only , that there should be gouernment , leauing to ech nation to take or choose what they would . but the ecclesiasticall gouernment by bishops was ordayned immediatly by christ himselfe , for which cause bellarmine saith in the second place heere alledged : that kingdomes are not immediatly instituted from god , but mediatly only by meanes of the people ; which people therfore may change their formes of gouernment , as in many countryes we see that they haue : but yet when any forme of gouernment is established , and gouernours placed therin , their authority and power is from god , and to be obeyed out of conscience , vnder payne of damnation , as before i haue shewed out of bellarmyne . and he that will read but from his third chapter de laicis vnto the . shall fynd store of assertions & proofes to that effect , to omitt many other places throughout his workes . so as the former proposition , that kings haue not their authority nor office from god nor his law , is very fraudulently sett downe . for if he vnderstand , that their forme of principality and office therin , is not immediatly from gods institution , but by meanes of humane lawes , of succession , election , or the like ; it is true . but if he meane , that their authority is not from god , eyther mediate , or immediate , or induceth not obligation of conscience in obeying them , as it seemeth he would haue his reader to thinke ; it is most false . and the apologer ought not to haue walked in these obscurityes , if he had meant vprightly . lxxxii . i am weary to wade any further in these obiections , and yet will i not let passe to note three more , though most briefly , and almost in three words , leauing the rest to be examined by the reader himselfe . the first is , that church-men are as farre aboue kings , as the soule is aboue the body . the other : that obedience due to the pope , is for conscience sake . the third : that obedience due to kings , is only for certayne respects of order and policy ; the first and last being meere calumniations and the other not denyed by vs. for as for the first , though the words heere mentioned be not in bellarmyne : yet the comparison it self of ecclesiasticall and temporall powers in the church , vnto the soule , and body , is the comparison of s. gregorie nazianzen related only by bellarmyne , and consequently it must needs follow , as the same father also inferreth , that so much more eminent , as the soule is aboue the body , so much more excellent is the power ecclesiasticall aboue temporall , which s. chrisostome in like manner proueth at large in his books de sacerdotio : so as this is not bellarmynes comparison , but of the said two auncient fathers , and consequently bellarmyne is not here reprehended , but they . lxxxiii . the other two places , if they be two , and not one , but made two for multiplying of odious matter against vs , haue byn so fully answered by vs before , as we shall need to say no more heere therof . for as obediēce is due out of conscience vnto the pope , & other bishops , & spirituall gouernours , in spirituall gouernments , by the apostles precept , obedi●e praepositis vestris , &c. obey your prelates , & be subiect vnto them ; for they watch , as being to render accompt for your soules : so the same apostle hath commanded also , due obedience to temporall magistrates , in temporall affayres , by the same obligation of conscience , as cardinall bellarmyne doth shew at large , in the places by me alledged . and i maruaile with what conscience the apologer heere can deny it , cyting a place for the same in his margent , which hath no such matter , as he would inferre , that not for conscience , but only for certayne respects &c. for that treating of the obligation of obedience to temporall lawes , in temporall affayres , his second proposition is ; non sunt exempti clerici ab obedientia legum ciuilium : clergie-men are not exempted from the obedience of temporall lawes . and in another place before cyted ; lex ciuilis non minùs obligat in conscientia quàm lex diuina : the temporall law byndeth no lesse in conscience , then the diuine . so as all those odious matters are but frandulently layd togeather to make catholicks , & their cause hatefull , especially vnto him , whom vnto they desyre most of all men vnder god , to yield most satisfaction for their temporall dutyes , and would hope also to effectuate it , if these make-bate ministers did not by their continuall incitations , clamours , and false suggestions disturbe the same , and renew daylie iealosyes and distrustes in his ma. ties mynd against vs. the conclusion . wherfore to draw to an end of this distastfull argument , it cannot but grieue , & afflict much the hartes of all that loue eyther prince or countrey , & looke into the naturall sequels of like proceedings , to see matters runne dayly vnto such extremityes as they do , & that by such instigators , as are both both lesse carefull to foresee the hurts both priuate & publick that may ensue , & lesse able to remedy thē when they fall out . the principall of whom ( being the first & chiefe motors ) besydes the generall hatred wherin they are with both extremes of opposite in religion , are so interessed in like māner by the spoyles , & rapines which their rauenous purseuants daylie bring home , out of their continuall searches , and ransacks of innocent mens houses , goodes and persons , as litle moderation may be expected from them . lxxxv . would god it might please his dyuine ma. tie so to inlighten and illustrate that excellent vnderstanding of our prince and soueraigne , as he may see the many & great inconueniēces , that do & must follow vpon so violēt courses as these men for their owne vtilitie do suggest , & prosecute . nothing can be more pittifull , then to see a noble house diuided in itselfe , & the one to beate , hunt , & pursue the other , & this to be their continuall exercise , especially of children , vnder the sight of their owne father , louing them all , and desyring to be beloued . ah! what sollicitude must there needs be in that fathers hart ! and were it not a great synne to increase the same , by casting in oyle to augmēt the flame ? lxxxvi . would god his ma. ties eares , and those of his wise counsell could reach into these partes beyond the seas , and to all forrayne nations of christendome besydes , to heare what is said , what is writtē , what is discoursed by men of best iudgment in this behalfe , not only in regard of iustice and piety , but in reason also of state and policie ; no man being of so simple vnderstanding , but that he must see , that so notorious differēces , of subiects for religiō , pursued with such hostility among thēselues , must weaken greatly their forces , and make them lesse esteemed both of friends and aduersaryes . so as , besydes internall dangers , which are euer consequent vpon such inward diuisions , if forrayne occasions should be offred vs agayne ( as in former tymes they haue beene ) by forrayne warres ; we should not know how to trust the one the other . lxxxvii . the cryes & cōplayntes of these afflictions running throughout christendome , do giue strange admiration vnto men , and do worke strong effectes both in iudgments and affections : admiration , for that no such thing was euer expected vnder his maiesties gouernment , for many causes : strong effectes , for that they worke great alterations both in the one , and the other : in iudgment , for that wise men fynd not any reason , eyther of religion or state , why such extremityes should be pursued , with such rigour at the instigation of partyes interessed , to the euident danger of so great and honorable kingdomes , who if in wills they were vinted , as they are in one prince and gouernour ; their forces were both admirable and dreadfull : in affections , for that the compassion which naturally doth accompany our brethrens afflictions , especially for a cause that we most esteeme and loue , to wit , our religion ; must needes worke the contrary effect of inward auersion , both in princes & people abroad , notwithstāding they hold externall amity , and friendship for the tyme. lxxxviii . i let passe the generall obloquies , and murmurations that are to be heard euery where , almost in christendome , vpon this manner of proceeding , and much more the publicke and priuate complaints , outcryes , and praiers that are made and offered daylie to heauen , throughout all catholicke kingdomes lightly , in all particuler congregations , oratoryes , chappels , & meetings of zealous men , that pray instantly to almighty god for some remedy of these oppressions , and persecutions of english catholicks , sufficiently ( as they thinke ) declared vnto thē & to the whole world by the very printed catalogues of english statutes extant in print against them , for profession of their religion : for that by the view of those statutes , they do easily conceaue , what enormous effectes , do , and must follow in the execution therof ; albeit they did not both heare & see daily so many lamētable presidēts & spectacles therin . lxxxix . as for example , there haue not passed many moneths , since there were seene some threescore priests more or lesse ( to omit others ) cast into banishmēt about one tyme , & wandring vp and downe , throughout christēdome , according as euery man had occasion , or necessity for their mayntenance , gaue a lamentable spectacle to all nations , to see mē of so good partes , amiable aspects , sweet behauiour , naturall borne subiects of the lād , the most of them of very worshipfull parētage , all of learned education , cleere and deuoyd of any suspition of crymes that could be obiected vnto them ( for otherwise they should not haue bene dismissed ) in the flower of their age , to be cast out of their natiue soyle , for professing that religion only , wherby their said countrey was first made christian , & so continued vnder all their noble princes , kings , queenes , and soueraignes , nobility , and communatly , from the beginning of their conuersion , vnto this our age . xc . this spectacle ( i say ) presented to the eyes of most nations of europe , moued men not a litle , especially hearing them protest their duetifull affections to his ma. tie and realme in all cyuill & temporall respects , without seeking of any preferments , dignityes , riches , or other emoluments by staying at home ; but only the rest & vse of their owne consciences in matters of religion , which protestāts in many other catholicke countryes are suffered to inioy , though with farre lesser reason , in regard of the ancient right & possession , which ech part pretendeth for the vse of their said religion . xci . and since this tyme agayne there hath beene seene very lately another spectacle , not much vnlike to the former ( though much more markable ) to wit , a like number of noble and gentlemen , with their followers and trayne , passing in very good sort through sundry countryes , being lately retyred out of his ma. ties kingdome of irelād , for the selfe same cause of their consciēce , and religion ; which when men do behold , and heare them otherwise to speake honourably of his ma. tie & the state , ascribing rather their afflictiōs to some vnder magistrates in ireland , and ministers that set them on ; it moueth more compassion , and maketh men thinke and muse , what may be the end of all this , and whereunto fynally it may grow ? whether the like may not be expected in tyme or doubted , out of other partes also of his ma. ties dominions , vpon like angariatiō of consciēces : which points seeme to be of no small consideration , and consequence to wise men ; though those that be the immediate causes therof , will and must make light of all : but the naturall yssue of such euentes , are not vnknowne . and if the occasioners therof were guylty of no greater fault , but only to cast his ma. tie & the state into perpetuall cares about the same ( his royall nature being inclined otherwise to sweetnes , peace , and tranquillity ) it were a great synne in them , and scarce sufferable . xcii . nor is the remedy heere attēpted by our minister-apologer ( of denying all , and saying that there is no persecution , nor hard dealing with any , for matters of religion , no not in the late queenes dayes , when so many were so rackt and rented for the same ) any remedy at all ; but rather a doubling of the iniury to the afflicted , with encrease of exasperation & auersion of myndes ; as also a leesing of all credit with others that heare it , eyther at home or abroad : for that facts contrary to wordes , do preponderate with all sober men , and preuaile against the same . xciii . and truely , i cannot but wonder , why this late apology hath beene so greedily published by the apologer , both in english and latyn to the world , for that the popes breues , being but written priuatly to the catholicks of england , for informing their consciences in a matter of necessary doctrine about the lawfulnes , or vnlawfulnes of taking the oath , and the letter of cardinall bellarmyne being directed only to a priuate friend ; both of them might haue remayned also priuate , if this attempt had not byn made of publishing the same . but now being drawne by the apologer into the vniuersall theatre of the world , besydes , that diuers will hold themselues obliged , or at leastwyse prouoked to answere the same ; it will follow also , that the vnlawfulnes of the said oath to catholicke consciences will more be seene , disputed , & condemned by all vniuersityes , schooles , bookes & treatises of particuler learned men , throughout all countryes of christendome that professe catholicke religiō . whervpon also the vniust violence , inforcing men to sweare the same oath , vnder so rigorous paynes , as are the losse both of goods & libertie , and therwithall to sweare in like manner , that they do it willingly , freely , and without coaction : will be censured ( no doubt ) for one of the greatest contradictions in it selfe , and the most iniurious manner of proceeding with christian men , that euer , perhaps was heard of in the christian world . xciii . and this now occurred to me ( deare syr ) to write to you cōcerning my iudgmēt vpō this matter . what more may be said to this apologie , when it shall come into the handes of learned men ; you will easily ghesse by these few notes , that i haue heere laid togeather , which conteyne but little in respect of that which may be written of the matters heere handled . god of his endles mercy inclyne the hart of his maiesty , to take the best way in this his course of royall gouernment : & for so much , as he hath byn pleased to ioyne so many great kingdomes vnder his only scepter , and permitted them to haue so great differences of iudgements in matters of religion , that their vnion of wills , at least , in dutifull affections , may be so combined and conserued by sweet and temperate proceeding towards all , as despayre , the mother of headlong precipitation , enter not . the prouerbe is knowne , qui nimium emungit , elicit sanguinē : & patientia laesa vertitur in furorem . i neuer heard or read , that too much violēce towards free subiects euer ended well , especially for supposed faultes that are not acknowledged for such , by the punished : & cōsequently no hope of amendment by way of compulsion . some may dissemble for feare , but they are more lost in their affections then the other . some reasonable toleration , and friendly treatie would bynd vp woundes from bleeding on all sydes : exulceration maketh them fester more greiuously , and dangerously . to gods holy prouidence the whole is to be committed , who will dispose of all to his greater glorie , siuè in vitam , siuè in mortem . and to him also i committ yow , with my hartiest commendations , &c. this . of iune . . finis . notes, typically marginal, from the original text notes for div a -e about the authour of the apologie . tho. morton . tho. montag●e . what his maiesties great iudgmēt would haue discouered , if he had read the apology . cap. . what his maiesty in honour woulde haue misliked . vide lib. de laicis , maximè ca. . . &c. three partes of the apology . pag. . & . the odious and often repetition of the powder treason . the powder treason not so much a cause , as an effect of catholiks tribulatiō . in the treatise of mitigation in the preface apologia pag. . lin . vlt. pag. . the agrieuance of this oath . pag. . the oath consulted , both at home and abroad . see the breue . kal. octo. . see answer cap. . recourse to rome euer vsual from our first christianity . q. mary of scotland . catholiks do hould & practice what all their ancestours haue done . apol. pa. . ibid. pag. . english catholiks not messis aliena to the sea apostolike . ibid. pag. . that the oath conteyneth poyntes against catholicke religion . the popes wordes in his breue . cardinall bellarmines iudgement of the contents of the oath . a loyall offer of ciuill obedience , made by catholiks to his maiesty . apol. pag. . whether the taking of this oath by catholicks be a blessing from god. statu● . . 〈◊〉 . obi reg. cap. . . ethic. c. . d. thom. . . q. . art . . & va●etia , vasquez , &c. met●m locum . how freely the oath is taken . the sense & meaning of catholicks , that tooke the oath . an hūble petition to his maiesty for exposition of the oath . the vrging of the oath , how heauy a pressure to catholicks of tender consciēces . nothing gayned at all by enforcing the oath , but much lost . r●der . to let●m . lib. 〈…〉 cap. . . cor. . rom. . matth. . how grieuous a synne it is to force men to sweare against their consciēces . obiections answered . notes for div a -e the summe of the two breues . ap●●g . pag. . see stowes chronicle in the death of m. mayne anno . of m. m●●son anno . of m. sh●rwood anno . of m. 〈◊〉 . &c. apol. pag. . q. elizabeth her manes . apol. pag. . see sāders lib. . de ecclesiastica monarchia : who setteth down the particuler persons . isa. . lo. cooke in the booke of the late arraignements fol. . psalm . . cooke ib. pag. . hier. . . hier. . . how nabuchodonosor was the seruant of god. hier. . . * archb. of can●erb . queene elizabeth her felicityes mingled with infelicities . q. eli. her dishonourable birth an . . stat. cap. . the infelicity of cruelty . q elizab. her cruell per●ecutiōs * the fiction of sq●ier an . . q. eliz. her dealing towards her cosen of scotland . lo. cooke in his charge at norwich . . august . . what māner of persecutour q. elizabeth was . * see answer . to syr edward cooke ca. . his maiesties myld disposition diuerted . the exercise of the minister th. mont. apol. pag. . liberty of consciēce . in vita hēri●i quinti. anno liberty of conscience demaūded by all protestants . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . height of pride , and in whome it may be said to be . apol. pag. . exprobration of his maiestyes benefits towards catholiks . catholiks dutifull demeanour to his maiesty . anno . iacobi regis . apol. pag. . clemency no cause of desperate attempts . the cruelty of searches . * anno . mense august . diuers examples of seuere persecution . the b. of londons sermon . august . . apol. pag. . increace of persecution since the powden-treason . statut. . & . anno . iacobi reg. lond. . febr. . york . . mar. . lond. . apr. . pag. . luc. . & matth. vlt. act. . apol. pag. . vixit an. . pag. . the oath why it is vnlawfull . rom. . apol. pag. . hier. . . exod. . . esdr. . . dan. . . no obedience against god & a mans consciēce . dan. . tob. . . macha . . authorityes of aūcient fathers . apol. pag. . august . in psal. . how farre we are bound to our tēporall prince . apol. pag. . tertull. ad scap. iust. apol. . ad anto. imperat. optat. cōtra parmen . li. . ambros. orat. cōtra auxent . de basilicis nō trad . lib. s. epist. three occasions in which s. ambrose resisted the emperour his temporall soueraigne . libellus . ambros. epist. . amb. l. . epist. . amb. ibid. ambros. concion . de basililcis nō tradendis haer . to . . apol. pag. . how s. gregory agreed to the publishing of the law of the emperour mauritius . greg. lib. . epistol . . indict . . greg. lib. . epist. . indict . . con● . arel . sub carol. can. . vide in capitularibus pranc . li. . c. . de con●ilio vvormac . wherein the councell of arles did submit it selfe to the emperour . a can. . b can. . c can. . d can. . & . e can. . f can. . & . g can. . . . the zeale of charles the great to haue manners reformed by the authority of bishops . ioan. . . mat. . . apol. pag. . & . neither the pope or church can make any new articles of faith. . reg. . wilfull mistaking of the controuersy . see s. cyprian exhort . ad martyr . see euseb. lib. . ca. . & aug. de bap. lib. . cap. . & lib. . cōtra cresc . cap. . & arnob . cōtra gentes lib . in fine . touching the two breues of clemens octauus . anno domini . & . in his charge at norwich . august . anno . to the last poynt . notes for div a -e apolog. pag. . . &c. the state of the controuersie with card. bellarmine ca. pellar . his opinion of taking the oath . pag. . a cauill . pag. . whether bellar. mistaketh the state of the question . the tytle of supremacy . stat. . henr. . c. . stat. . h. . cap. . stat. . edo . . cap. . conferēce in the tower . cap. . diuis . . pa. . apolog. pag. . iac. . the oath deuided into . partes . apolog. pag. . bad kinde of arguing . apol. pag. . the oath of allegiance confirmed by the authoritie of councels . the difference betweene the ancient councels , and the popes counselling of the catholiks . conc. tole . . can . . the occasion of gathering the . coūcell of toledo . * see rode. tolet. lib. . dereb . his. c. . sātius par . . hist. hisp. c. . loan . vasaus in chron. his. num . . conc. tole . . in praefat . anno domini . the care of the councell for ciuill fidelity to be obserued to the king. can. . no forme of oath prescribed by the councell . what the councell demaūded at k. sisenandus his handes towards his people . the deposition of k suintila confirmed by the councell . * se chro. vasaei nu . . conc. tol. . ca. : an oath prescribed by the councell to kings . contradictions obiected to the cardinall . card. bellar . wrōgfully charged with conspiracyes . a voluntary mistaking of tēperate for tempered . two questions proposed and solued . clauses of beliefe or not beliefe in the oath . pag. . apolog. . & . bell. lib. s. de pon. c. . & lib. . cap. . touching henry the . pag. . . platin. & cusp . in vita henrici . cusp . in henrico quarto . * see naucler . part . . gen . . in anno . & crantz . lib. . saxo. cap. . cuspin . in henrico . a vrspergēsis in anno . b crantz . in saxo. lib. . cap. . c sigon . de regno italiae lib. . in anno . d nauclerus part . . gen . . in anno . & alij . apolog. pag. . the exāple of k. henry the . of france his death . apolog. pag. . priestes put to death for fayned cōspiracies . an. . facility & custome of ouerlashing . statut. an . . h. . c. q. elizab. against cōsciēce held the crown from his maiestyes mother . yeares . vniust dealing against the cardinall . ibid. card. bellarmynes volumes much iustified by these obiected contradictiōs . the first supposed contradiction . bellar. de iustifie . lib. . cap. . apol. . three questions about cōfidence in merits answered by bellarmine . tob. . iob. . . tim. . . tim. . the sūme of cardinall bellarmynes discourse and answere . the secōd supposed contradictiō about moraliter . a bellar. de amiss . grat . & stat . peccat . l. . c. . b ibid. paul● post . occasionall cōcurrence to a sinne what it is . gen. . the third supposed contradictiō , about bishops succeeding of the apostles . bellarm. de cler. lib. . cap. . lib. . de pōtif . c. . the . cōtradiction about iudas . lib. . de pontif. c. . lib. . de iustif . cap. . io. in . . the apologer returneth to calumniate popes . examples obiected of princes molested by popes . apolog. pag. . . touching k. henry the secōd . houed . pa. . ibi. pa. . see baron . in an . . subfinem . a in vita celestini b part . . gen . . in anno . c tom. . ennead . li. d in anno . e lib. . in henrico . f lib. . saxon . cap. . & alij . vrspergensis pag. . sigonius li. . in fine c. . crantzius in sua saxonia li. . cap. . nauclerus . part . . gen . . in an. . idem cuspinianus , crusius & alij . in vita innoc●̄tij li. . decad . lib. . tomo . enne . . l. . non longè ante finem . parte . gen . . an . . lib. . ca. . si●e saxoniae . in fine lib. . * blond . vbi supra . petrus de vineis lib. . epist. . & cusp . in vita frederici . blondus ibid. inforcing of matters against the pope . apolog. pag. . about the death of gemen or sizimus brother to the great turke . lib. . hist ▪ a in vita alexand. sexti . b ennead . . lib. . apolog. pag. . nazian . orat . . in iulian. the example of iulians bāner examined . similitudes hold not in all . matth. . matth. . mar. . luc. . ibid. . mach. . about the example of eleazar . apol. pag. . apol. pag. . theodoret lib. . c. . the tentation of s. basil by the deputy modestus . * diuinorū dogmatum . pag. . a cauill against bellarmyne . another shift against s. basils testimony . aplo . pag. . & . * theodoret lib. . cap. . graecè . latinè cap. . compare this to our tymes . crafty conueiāce in translating . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the third shift . wherein the comparison of s. basil and modestus may be like in our dayes . three or . exāples togeather . apol. pag. . reynoldes cōference . ca. . diuis . . cicero in horten. the apologers impugnation of s. leo. leo serm. . suae assumpt . & epistola . ad episcopū viēnens . great iniury offered to car. bell. about kingly authority . aplo . pag. . lib. de laicis cap. . card. bellarm . exalteth much princely authority . calūnious dealing against car. bellar. greg. li. . epist. . bellar. . de ro. pontif. cap. . & li. . de christo cap. . lyr. com . in . matth. prouer. . aug. li. . de ciuitate dei cap. . matth. . how good kings and princes are truly seruants . arist. li. . moral . c. . apol. pag. . libr. . de pontif. c. . libr. . de pont. c. . sulpitius in vita d. martini . ibid. & de cleri● . c. . how princes authority is mediatly or imediatly from god. nazian . orat . ad ciues timor● pereulsos & imperat. irasc . hebr. . libr. de cleric . c. . libr. de laicis c. . englands covenant proved lawful and necessary also at this time both by scripture and reason together with sundry answers to the usual objections made against it / by s.c. clarke, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands covenant proved lawful and necessary also at this time both by scripture and reason together with sundry answers to the usual objections made against it / by s.c. clarke, samuel, - . p. printed for henry overton, london : . second impression. dated july , . reproduction of original in the union theological seminary library, new york. eng solemn league and covenant ( ) oaths -- england. great britain -- history -- civil war, - -- pamphlets. a r (wing c ). civilwar no englands covenant proved lawfull & necessary also at this time, both by scripture and reason. together, vvith sundry answers to the usuall o clarke, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands covenant proved lawfull and necessary also at this time , both by scripture and reason . together with sundry answers to the usuall objections made against it . by s. c. preacher at b. f. eccles. . . when thou vowest a vow unto god , deferre not to pay it ; for hee hath no pleasure in fooles ; pay that which thou hast vowed . london , printed for henry overton in popes-head alley , . courteous reader , at the first impression hereof , the time prefixed by the parliament , for the cities taking of this covenant , being almost elapsed , & my immature conceptions not ready for the birth , yet importunity like an overhasty midwife , would needs deliver me of it : whereupon i presumed that it would have perished in the birth , or have found no better entertainment than a misshapen embryon : but beyond my expectation it hath been accepted of , approved , and ( as i understand ) given satisfaction to many , and was now this second time put unto the presse before i knew of it : had the stationer given me but some few dayes warning , i would according to my poore abilities have added something for the enlargement of it : but presuming yet that some abler person may happily undertake the worke : in the interim this is once againe sent abroad , that so the ignorant may be informed of the weightinesse of avow , and covenant : that the doubtfull may be resolved concerning the lawfulnesse of this in hand ; and that all may be excited to the carefull performance of what they binde themselves to hereby : if in any of these thou receivest satisfaction , and benefit , praise god , and pray for him who is thine in the lord s. c. july , , . englands covenant ▪ the reasons that have induced the parliament to frame , and propose this present covenant to be taken by all the well-affected subjects of this kingdome ( as i conceive ) are especially two . . by reason of gods hand which lies so heavie upon us in this present judgement of the devouring svvord , which being one of the greatest outward miseries which can befall a people , shewes that their sinnes are grown to a great ripenesse , and that gentler physick will not serve turne to purge out their strong corruptions : whereupon after the godly examples of the pious and renowned kings of iudah , they have pitched upon this course as a speciall meanes to pacifie gods vvrath by a generall covenanting with god to indeavour a reformation of our hearts , and lives . . observing the incessant and indefatigable plots of the enemies of god , and his cause , either by open violence , or secret fraud to oppresse , or undermine the power and purity of our religion , and to introduce popery instead thereof : they have therefore thought fit by this covenant , to lay a stronger engagement upon every one to detect and discover , and oppose whatsoever may tend to the prejudice of the one , or to the furtherance of the other : but withall considering that the major part of those which are to enter into it either for want of information may scruple some part of it , or doe it aubitante conscientiâ , with a doubting conscience , which will make it a sinne to them ) or through inconsideratenesse may doe it hand over head , without understanding , or a just prepondering of the strong engagement which they lay upon themselves hereby , which will make them to breake it as lightly , as they undertooke it rashly . i have indeavoured therefore for the information of the one , and ballasting of the other in these few ensuing lines to shew the severall sorts of covenants , and the requisites of a lawfull covenant , and by the application of this present to those rules , to prove the lawfullnesse of it : as also by shewing the great ingagement that a sacred vow , layes upon the conscience of the undertakers of it , to deterre all , either from a giddy taking , or a rash and inconsiderate breaking of the same . vowes and covenants are of . sorts unlawfull and sinfull . lawfull and good . a sinnefull covenant is a bond whereby wee ingage our selves to something that is evill : such was that of those wicked jewes , . act. . who bound themselves under an oath of execration , that they would neither eate , nor drinke , till they had killed paul . a lawfull covenant is either civill . religious . mixt. a civill covenant is a bond whereby we ingage our selves each to other in civill respects : such as was that betwixt abraham and abimelech , . gen. . &c. a religious covenant is a bond whereby we engage our selves to god , to yeeld obedience to him in those things which are agreeable to his will , chron. . , ezr. . . nohem . . and this religious covenant is either universall , singular . a universall religious covenant is a bond of all the faithfull vvhereby they engage themselves to the service of god in abstaining from sinne , and indeavouring to keep all his commandements : this covenant is made by all in baptisme , and renevved so often as vvee come to the sacrament of the lords supper . a singular religious covenant is a bond vvherein some one person for some speciall cause doth engage himselfe to god . and it is either absolute , and perpetuall . conditionall , and temporary . an absolute perpetuall covenant is a bond whereby wee engage our selves , absolutely to god , and during the whole terme of our lives , from which wee can never bee released : such was that of david . psal. . i have sworne and i vvill performe it , that i will keep thy righteous judgements . a conditionall and temporary covenant is a bond vvhereby we engage our selves , upon some condition , and for a certaine time onely , vvhich being expired , or the condition unperformed vve are freed from the same : vvhereof wee have examples , sam. . . v. . act. . a mixt covenant vvhich is partly religious , and partly civill , is a bond whereby vve engage our selves both to god and men : such is this covenant now appointed to bee entred into : and such was that king. . . iehoiada made a covenant betvveen the lord and the king : and the king , and the people , that they should bee the lords people : betvveen the king also and the people : thus having considered the severall sorts of covenants , i shall come in the next place to collect such requisites , and ingredients , as are necessary to the constitution of a lavvfull covenant , that so by examining this present covenant thereby , wee may more cleerely be convinced of the lawfulnesse of the same . which ingredients are especially these : . that the subject matter of it be lawfull , or else it 's no covenant , but a conspiracy , and they which enter into it are like simeon and levi , brethren in evill , or like those wicked jewes , vvhich bound themselves by an oath , and a curse that they would neither eate , nor drinke till they had killed paul , . act. . neither is it sufficient that the matter of it be lawfull , but it must be knowne also to be so by those which enter into it , at the time when they undertake it : for as in an oath wee must sweare in truth , i. e. the matter of it must be true : so in judgement also , i. e. knowing it to bee true , . ier. . or else we are guilty of perjury : so in vowes , and covenants which are sometimes accompanied with an oath , we must be well informed of the lawfulnes of the matter thereof , or else we make our selves guilty before god : and that of sol●mon may be applyed to such persons , prov. . it 's a snare for a man to devoure holy things , and after the vow to enquire . . it 's also further required , that they which enter into a covenant should before hand , and at their entrance into it , fully resolve with themselves to the uttermost of their power to observe and keep the same , and that in every part , and branch of it : whereunto tends that advice of solomon , ec. cles . , . when thou vowest a vow deferre not to pay it , for god hath no pleasure in fooles . pay therefore that which thou hast vowed ? better it is that thou shouldest not vow , then that thou sholdest vow and not pay ▪ . num. . . it must be of things within our povver : or else to engage our selves by a vow to impossibilities , what is it but to prophane the sacred name of god ? and bring downe his curse upon us : this was the sinne of those after the floud which covenanted among themselves , to build a tower which should reach up to heaven : a thing impossible , if god had not confounded their language : and it was also an aggravation of their sinne , who vovved that they would neither eat , nor drinke till they had killed paul : which being out of their power , made their vovv the more unlawfull unto them . . the persons which bind themselves by a vow , must be sui juris , such as have power of their owne heads ; and bee not under the jurisdiction of another , or else they must be carefull to take along with them the consent of their governours , if they meane to free themselves from sinne : a maide in her fathers house , or a woman that hath an husband may not vow without the consent of their superiors , . nu. . &c. the reason is because they are not at their own disposall , and therefore not able to performe their vowes without the approbation of another , verse . having thus shewed the severall sorts of covenants , and what is required to make a lawfull one ; i shall now come to apply this present covenant to these rules , and thereby not only vindicate it from all unlawfulnes , but also shew the usefullnesse , if not necessity of it , at such a time as this is ; for which end i shall take it in sunder , and cleere the lawfulnesse of it in each branch , that so it may appeare to be free from just exception in the subject matter of it , which is the first thing required in a lawfull covenant . first , in the first part of it we professe our hearty sorrow for our owne , and the nationall sins , which have deserved the calamaties and judgements which now lie upon us , and that our intention is by gods grace to endeavour the amendment of our owne wayes : which clause is so cleere that i presume that every christian at the first vievv , will not onely see a lawfulnesse , but a necessity of the same : for in gods judgements wee may read our sins , in the generality , and greatnesse of the one ; the generality and greatnesse of the other , and in that day ( when gods hand lies heavie upon a nation ) doth the lord god call to weeping and mourning and to baldesse , &c. . isa. , wherein wee see that same thing which is undertaken in this covenant , imposed as a duty by god himselfe , who doth not onely require a sence of , and sorrow for our sins , but a resolute endeavour of reformation also ; wash you , make you cleane , take away the evill of your workes , from before mine eyes , &c. isay . or else our humiliation is but hanging downe our heads like a bull rush for a day , . isa. . meere mocking of god , and deluding our owne soules . . that we doe abhorre and detest the late vvicked , and treacherous designe , and that we never gave , or will give , or assent to the execution thereof : but will according to our power and vocation oppose and resist the same , and all other of the like nature : this branch no one may take which hath in any measure been privie to the said plot , till they have first unburthened their conscience , by acknowledgeing what they have been privie to , and craving pardon for the same ; otherwise they devote themselves to the curse of god , who will be a swift witnesse against such perjured persons : and whose flying role will enter into their houses , and remaine therein , and consume them with the timber thereof , and stones thereof , zach. . but for such persons as are free from the guilt of so foule a blot , they not only may , but ought to professe their detestation of so horrid a plot , as in the execution must necessarily have tended to the death and ruine of so many innocents : and had the plotters obtained their ends ; would without all question have ended in the dissolution of the parliament . and therein in the fatall period of religion , lawes , liberties and all future free parliament , also ; as the commission granted to them , will cleerly evidence and evince . . that in case any other like designe shal come to our knowledge , we will make such timely discovery , as may best conduce to the preventing of it : by like designe we are to understand , such as are destructive or prejudiciall to the parliament , citie or kingdome , as this former would have been : and this no one that is friend to any of these , or to himselfe in them can refuse to promise . some of the very heathen from the light , and principles of nature it selfe , have refused to survive their countries liberty : and shall not christians put to their helping hands , to wrest the liberty of their religion from the attempts of papists : the liberties of the parliament from the complotters of their ruine , and the liberties of the city , and kingdome fromthe power of tyrannicall oppressours , which is all that wee promise to doe when we engage our selves to a timely discovery of the like designes ? the kingdome is a ship : the parliament our steeres men : the citie the principall cabbin : and religion the precious fraught wherewith god hath laden our ship , and he is a traitour to all these which shall refuse to tye himselfe to indeavour their preservation . . that we do in our consciences beleive that the forces raised by the two houses of parliament , are raised and continued for their just defence : and for the defence of the true protestant religion , and liberties of the subject against the forces raised by the king : by the beliefe here spoken of ( as i conceive ) wee are not to understand such a faith , as is grounded upon indubitable & infallible principles , as we believe the articles of our religion : but only such a credence as is grounded upon probable arguments , and reasons , which first working upon our judgements doe afterwards convince our consciences to believe the same . now that we have sufficient reason thus to believe , let us but a little call to mind the plot of bringing up the army out of the north : the attempt made against the five members : the withdrawing of the king from his faithfull councell : the active instruments which have been imployed into forraigne parts to provide armes , ammunition , and commanders , the bringing of them over from time to time , their designe : to seize upon many of the strong holds of the kingdome : the putting of the armes into the hands of untrusty commissioners of array : the arming of the papists contrary to law : the correspondence held with the scottish , and irish papists , and rebells : the indeavour to raise a party in this city to seize upon the persons of some principall members of parliament and city : and the late plot as bad , if not worse then all the rest if by gods mercy it had not been strangled in the birth : these are sufficient arguments to induce us to believe that it was but high time for the parliament to raise forces , and to continue them for their just defence : againe consider also the setting up of masses in yorke , and oxford : the many jesuites , priests , and j●suited papists that are in the adverse armies , whose romish plots are only to advance the catholique cause , and ruine our religion . besides the granting of so many commissions for array ; which were so destructive to the subjects liberty : the pillaging and plundering of the houses and estates of the best subjects , and burning of their habitations , and we cannot but be convinced , it was high time to raise and it is just to continue these forces for the defence of the true protestant religion , and the liberties of the subject , and hereupon vve doe declare , vow and covenant , that wee will according to our power and vocation , assist these forces thus raised and continued by both houses of parliament against the forces raised by the king without their consent : if we be upon the former grounds , or the like once convinced , that these forces are justly raised and continued for the ends aforesaid , then it will necessarily follow that wee are bound in conscience to be aiding and assisting to them according to our power and vocation , i. e. with our persons , if we be fit , and have a calling thereunto , or with our purses according to our abilities if we be not set to serve in person : and with our advice and prayers also for their good successe ; and he is no true friend either to parliament , religion or liberties , that upon information shall refuse to make this vow : besides , it is but high time that men should by such a sacred bond bee quickned unto this assistance in these times , wherein so many grow wearie of the worke , and by withdrawing their persons and purses from assisting do much endanger the cause of god . . that vve will likewise assist all other persons that shall take this oath in what they shall doe in pursuance thereof , neither can this be justly scrupled , for if we enter into this covenant our selves , and in pursuance of any thing conteined in it , vve shall stand in need of the assistance of others : as we shall desire , so wee cannot but thinke our selves much injured if wee find not assistance from them , and then the law of requitall doth require , that when occasion is offered we shall not withdravv our help from them also : besides , by this union among our selves , the common cause of god , and the kingdome will bee much strengthned , and every undertaker in it will be much encouraged when they see so many by so strong a bond to be engaged to their help . againe , it cannot bee conceived but that this covenant will excite & provoke the hatred of the adverse party against the undertakers of it exceedingly , whereof we had late experience in our brethren of scotland so much hated and prosecuted under the name of covenanters , and therefore wee have need to tye our selves to mutuall assistance for our better support against the odium and rage of the adversary . . that wee will not directly or indirectly adhere unto , nor shall willingly assist the forces raised by the king , without the consent of both houses of parliament . herein provision is made against equivocation , & those cunning tricks and evasions which many find out to cosen both themselves and others , as when a man will not send himselfe , but will suffer his wife , or children , or other friends to doe it , as hath been the practice of many hundreds in severall parts of the kingdome , who themselves have lent money , or sent an horse to the parliament , but have suffered their wives or sons to send twice so much to the king , that so by complying with both , they might escape the displeasure of either , besides many who ( living in some places have been ashamed to owne the supporting of the kings forces , yet under hand they have contributed much to them : but now it s required that neither directly nor indirectly wee bee aiding to them , and yet because many whose hearts are upright with god and his cause , live under the power , or fall into the hands of the barbarous and bloudy cavaliers , so that the not contributing to them , may endanger their lives , liberties , and estates , therefore is that word put in , that we shall not willingly assist , but only in the cases aforementioned : and if we do but seriously consider the aime and drift of the kings forces evidently discovered to all that are not wilfully blind , and their wayes and manner of prosecuting the same , wee may easily conclude that they are enemies to god and his gospell , and to the parliament , and their liberties , to the kingdome and its lawes , who will vvillingly be assistant to them . and thus i have briefly run over this covenant in every branch of it , and thereby endeavoured to prove the lawfulnesse of it in the subject matter : i shall now proceed to examine it by the other rules required in a lawfull covenant , that so i may fully vindicate it from all hesitation . the second thing required is , that it bee knowne to bee lawfull at the time of the taking of it , for which end the parliament hath long since caused it to bee published in print , that so all men might see it , and have time fully to informe themselves of the lawfulnesse of it ; and in case that any doubts should arise , they might repaire to those which are fit and able to resolve them , that so no scruple might remain at their taking of it . thirdly , it must be with a purpose of keeping it , and ill may hee faire that shall make this covenant with any other purpose whatsoever : for if it be lawfull , as is proved before , and that thereupon we engage our selves by it , it must needs argue a prophane and atheisticall heart in any that shall resolve for sinister ends to take it , and yet purpose afterwards to break it ; and what doe they therein ▪ but pray for a curse upon themselves , whilst invocating the sacred name of god to be a witnesse of their sincerity in making this vow , yet withall they resolve that he shall dispense with them in their future breaches of it ; and how will such dissemblers be able to answer it at the dreadfull day , when the secrets of all hearts shall be disclosed . fourthly , it must be of things within our power , and so is this covenant in all the branches of it . lastly , the persons that enter into it are either such as have power of their owne heads , or that have the consent of their superiours : and therefore having all the ingredients that are required to make up a lawfull covenant and vow , it must necessarily follow that it is lavvfull : but let us a little further consider whether there be not a kind of necessity also that this , or the like covenant should be entred into at such a time as this , which i conceive will fully appeare if we consider . first , that there is no readier nor more effectuall way to pacifie the displeasure of god and to procure a removall of these judgements which lye so heavy upon us then by sorrowing for our sins acknowledging god justice , and vowing a r●formation this isa , hezekiah iosiah , and nehemiah knew , and therefore had recourse to this meanes , which accordingly they found sucessefull . secondly , it will appeare to be necessary if we doe but consider the restlesse attempts of the adversaries to corrupt and seduce incautious persons , to their owne , and others ruine , they have had their emis●aries , and instruments in every city , and town , to propose the specious baits of honours offices , riches , favour , friends , & what not ? that so they may inveigle the simple by working upon every humor , to betray both church , and common-wealth into their power and therefore it cannot but be necessary that by the sacred bond of a vow , we should be fortified against such inticements . if wee doe but consider the pronesse that is in our natures to be seduced , and led aside by such importunate sollicitations and strong provocations to evill , especially vvhen they come , backed with large promises , and great hopes of advantage , wee must needs confesse it necessary , that at such a time provision of a remedy , should be made against such assaults , and there can be no better found out then a solemne covenant , whereby vve are to engage our selves before the searcher of all hearts , to stop our eares against such syrens songs which would enchant us , to rush upon our owne destruction , and to prefer selfe-ends before the peace and welfare of church and state . it cannot be imagined that this late plot is as yet fully discovered , but that there still remaine many persons undetected vvhich have their hands deeply in it . and therfore this covenant is necessary that so such persons out of a deep sence of that great guilt , which they pluck upon themselves , in case they sweare falsly therein , may be brought to an acknowledgem●nt and confession , of what they know about it , and to crave pardon for the same , before they enter into this covenant , vvhich would bee a great meanes to prevent much mischiefe that may otherwise ensue , in case it remaine undiscovered . it cannot bee doubted but that many both in this city , and in other parts of the kingdome have either openly , or secretly ; sent money , plate , armes , or other necessaries to the adverse forces ; whereby they have been much strengthned , and this uncivill civill and unnaturall warre hath bin much fomented , and therefore it is but necessary that every one should disavow his contribution of such assistance for the time to come , that so by withdrawing the fewell , this fire of contention may the sooner be extinguished . it is evident that this war continuing longer , then was at first expected , the spirits of many well affected persons are much cooled , and deadned in the prosecution of the worke , whence it comes to passe that they withdraw their persons from the service , and close their purses from contributing to it , whereby the cause of god and the kingdome lies a bleeding almost to death , and therefore it is but need that we should be all quickned to prosecute it , with more zeale and fervour , and not by our remissenes basely to betray so good a cause , which if not upheld , will certainely turne to the ruine of our selves , religion and all . thus having cleered these two principall points , concerning the lawfulnesse and necessity of this covenant , i shall briefly in the last place , indeavour to answer such objections as are usually made against it , which are especially these . we are bound by our oath of allegiance and the late protestation to defend the kings person , honour , and estate , and how then can we enter into this covenant ? this covenant ties us not to any thing that may be prejudiciall unto them . by it wee are bound to assist the parliament forces , against the forces raised by the king , unto which his person is adjoyned , and in assisting against his forces , his person may be indangered . severall petitions have been tendred to his majesty to retire his person from their company , and thereby to secure it from danger : if notwithstanding the same , hee shall suffer himself to be over-ruled by evill counsellors the guilt will lie upon those which have seduced him ; it 's necessary for the parliament , to raise forces for the apprehending of those traytors against his majesty and the kingdome , which are protected against justice , and who are so strong that the ordinary ministers of justice cannot lay hold upon them ▪ to bring them to a legall tryall , and therefore , as is usuall in cases of rebellion , an army is sent against them , which the king himself ought to assist , and not endanger his person amongst the other . but the king commands me to assist his forces , and forbids mee to bee aiding to the other , and i am bound to obey him . the king is to be considered under a double notion or capacity , either as a king , or as a man ; as a king he can command nothing , but vvhat the law commands , and then every subject is bound to obey him therein ; but as he is a man his judgement may bee corrupted , and his passions may mislead him , so that hee may command that which is destructive both to himselfe and the kingdome ; and herein he is the best subject that disobeyes him . the amalekite that said that he killed saul , at his own command , was justly put to death by david as a traytor for that fact , king. . , . and if a king in his passion shall proffer violence to a mans person , or command another to doe it , i am bound by the law of nature to defend my selfe against him , and it 's no breach of my oath of allegeance to doe it . but taking up of armes against the king , hath been generally cryed dovvne by the godly and learned . . here is no taking up of arms against the king , but against his evill counsellours , who have imbittered his spirit against his great and faithfull counsell , and doe still captivate his person amongst them . and till such bee brought to condigne punishment , wee can never enjoy either religion , persons , families , or estates in safety . . many learned divines have affirmed , and sufficiently proved both by the law of god , nature , and nations , that if a king turne tyrant , and oppresse his subjects in their religion , lawes ; or liberties , it is lawfull for them vim vi repellere , as was done by the netherlanders , and protestants in france : neither was it condemned in queene elizabeth by our english divines , when she sent auxiliary forces to both those places , to assist them against their owne kings : and did not king charles also send a navie for the reliefe of rochell when the poore protestants were besieged therein , by their owne king : and hath hee not also declared the scots to bee his good and faithfull subjects though they took up armes to defend their religion , and liberties against oppression . in this covenant we binde our selves to assist all others , in what they shall doe in pursuance thereof : what if they doe any unlawfull act in the pursuance of it ? in the pursuance thereof doth necessarily imply , that it must be done lawfully , and therefore that word was inserted in the late protestation , & must be understood here also . but how will it appeare that it is lawfull for the parliament to raise forces without , much lesse against the kings consent . an. this question is so fully , and largely discussed , and the thing proved to be lawfull both in case of law , and conscience , by mr. prin in his third part , and by diverse of our divines in their answers to dr. ferne , that i shall referre the reader to seeke for satisfaction there , where it may be had abundantly , if they come with unballanced judgements and shut not their eyes against that light which shineth therein . thus these usuall objections being answered , i shall adde only thus much , that if there be any which have not already enter'd into this covenant , seeing the lawfullnes and necessity of it by this which hath been premised , they will no longer deferre to doe it , but speedily undertake , with all cheerefulnesse and alacrity , as the men of iudah did in asa's time , chron. . , . and not onely so , but that they will indeavour also to draw as many as possibly they can to doe the like . the worke is great and needs many hands to help it forward : multorum manibus grande levatur onus . the enemies are vigilant and active to disunite us , they cast in many bones of division : therefore we have need by this covenant to cement our selves together , or else wee are undone . divide , & impera is the old motto . and lastly , that having once entered into it , wee must resolve with our selves , that we can never be freed from that tye which it layes upon us , and that therefore wee must be alwayes mindfull of it , and carefull to observe it in every part , and branch thereof , that our hearts being knit together in a firme bond of mutuall assistance , and love the god of love , and peace may be with us , and for us . amen . notes, typically marginal, from the original text notes for div a e- civile . sacrum . mixtum de lic●● de possibilibus . object . ans. obj● . ans. object . answ. object . answ. quest . answ. quest . answ. the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : . title from first lines of text. order to print dated: thursday septemb. . . signed: hen. scobell, clerk of the parliament. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . oaths -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do here england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) the parliament doth declare , that the recognition of the government by the members of this parliament in the words following ; viz. i do hereby freely promise and engage , to be true and faithfull to the lord protector , and the common-wealth of england , scotland and ireland , and shall not ( according to the tenor of the indenture , whereby i am returned to serve in this present parliament ) propose , or give my consent to alter the government , as it is setled in one person , and a parliament , doth not comprehend , nor shall be construed to comprehend therein the whole government , consisting of fourty two articles ; but that the same doth only include what concerns the government of the commonwealth by a single person , and successive parliaments . thursday septemb. . . ordered by the parliament that this declaration be forthwith printed and published . hen. scobell , clerk of the parliament . london , printed by william du-gard and henry hills , printers to his highness the lord protector , . a true relation what sentence was passed upon the servants of the lord by one who is in commission to do justice, called by the world sir william walter, with the consent of the rest of those called justices, that sat upon the bench with him at that time, because we could not swear for conscience sake, but abide in the doctrine of christ, who saith swear not at all ... goodaire, thomas, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true relation what sentence was passed upon the servants of the lord by one who is in commission to do justice, called by the world sir william walter, with the consent of the rest of those called justices, that sat upon the bench with him at that time, because we could not swear for conscience sake, but abide in the doctrine of christ, who saith swear not at all ... goodaire, thomas, d. . p. printed for thomas simmons ..., london : . caption title. signed at end: thomas goodaire. imprint from colophon. reproduction of original in the bodleian library. eng society of friends -- england -- apologetic works. oaths. great britain -- history -- charles ii, - . a r (wing g ). civilwar no a true relation what sentence was passed upon the servants of the lord, by one who is in commission to do justice, called by the world sir w goodaire, thomas b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true relation what sentence was passed upon the servants of the lord , by one who is in commission to do justice , called by the world sir william walter , with the consent of the rest of those called justices , that sat upon the bench with him at that time , because we could not swear for conscience sake , but abide in the doctrine of christ , who saith swear not at all ; also something in answer to it , shewing the unjustnesse of their proceedings against us ; with a warning to them to repent , and turn from the evil of their ways , and fear the lord , least the judgements of god come upon them at unawares . upon the second day of the eight month , called by the world october , in the year . the general quarter sessions for the county of oxen was kept at oxford , and one which is called by the world sir william walter was judge of the court , and i , and another friend , called benjamin staples was brought by the jaylor of oxford into the court before them , and when they had examined me , and could find nothing against me , they on purpose to ensnare me , tendered unto me the oath of allegiance , i told them i owned the king to be the supream governour , in civil and temporall things , and was willing to obey him in all just and lawful commands , but if king charles and they that are in authority under him , command me to do that which is contrary to the command of the lord jesvs , then i shall choose rather to obey christ jesvs then king charls , or them that are in authority under him , and so i told them i could not swear for conscience sake , if it would gain me the whole world , because christ jesus hath forbid it , and saith swear not at all ( and the apostle james likewise ) matth. . , , , , . & james . . ) but nothing would satisfie them that could be spoken , except i would swear , and so in obedience to christ i refused to swear ; then the aforesaid william walter asked the rest of those called justices that sat upon the bench with him , whether they had any thing to say against it , whereby he might not passe judgement against me , they all with one accord consented to him that he might , then he said unto me , hear your sentence , you are out of the kings protection , and all your lands , goods , and chattels are forfeited , and to be ceased on for the use of the king , and you are to remain in prison during the kings pleasure ; and then he command the jaylor to take me away ▪ and i asked him if he gave orders to the jaylor to put irons upon me ( which was thereon when i was brought before them , and when i came first into prison ) as theeves and murderers have , he answered , the jaylor might doe what he would with me ( or words to this purpose ) for i was out of the kings protection , and so the jaylor took me away , and brought the aforesaid benjamin before them , and when they had examined him and could finde nothing against him , then they tendered unto him the same oath , but he refused to take it ( in obedience to christ ) for conscience sake , as i did , and so the aforesaid william walter , with the consent of the rest , passed the same sentence on him as he did on me ; and so the jaylor sent us both away to prison , and when the said jaylor came down to the prison , he spoke to the common-prisoners and told them , if they wanted coats , they might take ours off our backs , for we could have no law against them ; then one of the prisoners answered , he would go naked before he would take off ours . and this is printed and published that all sober minded people may see and consider , whether we be not cruelly used , and unjustly dealt withall , by them that are now in authority , contrary to the righteous law of god , ( which is ) that every one should do unto all men , as they would be done unto themselves . now here followeth something in answer to the aforesaid sentence , which was passed by the aforesaid william walter , with the consent of the rest of those called justices which sat upon the bench with him that day . you that pretend to be the kings friends , and to act for him , and in his name , this i would have you take notice of , forasmuch as you have persecuted the servants of the lord , for obeying the command of christ jesus , and hath cast us into prison , and passed an unjust sentence against us , contrary both to the command of christ and the apostles , recorded in matth : . , , , , & . verses , & jam : . . and contrary to the promise of king charls , and therefore you are enemies to christ jesvs , & king charls , for christ saith , swear not at all , and king charls hath promised , that we shall have the liberty of our conscience , and not suffer for our religion or opinion ( or words to this purpose ) and moreover he said , we had the word of a king for it ; and this he hath promised to my friends , which is one with me in spirit , and it is now in print , to the publick view of his subjects ; therefore you are no friends neither to god , nor the king , but on the contrary you are enemies to both , because you go about , and do as much as in you lyes to compel and force the servants of the lord to break the command of christ , and make it of no effect and force ; and also you go about to cause the king to break his promise , and to make his promise and word of none effect , which he hath promised before the lord , and to his people , for which he must give an account to the just god , if he do not perform his promise which he made to them ; therefore if you do not repent of this your wickednesse , and turn to god with all your hearts , and forsake the evil of your ways and doings , and cease persecuting the people of god , the lord will cut you off from the face of the earth , and give you your portion with the wicked and ungodly , and reward every one of you according to your works , and passe this sad sentence against you which he did against the wicked and ungodly in the dayes of old , which is recorded in mat. . . mat. . luke . , , , . verses , depart from me ye cursed into everlasting fire , which is prepared for the devil and his angels , and these went away into everlasting punishment where there is weeping , and wailing , and gnashing of teeth ; and the lord is the same now ( as he was then ) and you your selves are in the same nature , and as vile , and wicked , and guided by the same spirit as they was , as your fruits make you manifest ; and the same woe and misery that came upon them for their wickednesse and disobedience , will certainly come upon you for your ungodliness and disobedience to christ jesus the light of the world , if you do not repent speedily , and fear the lord , and cease from all your ungodly wayes , and iearn to do well ; for the god that we ( who are in scorn and derision called quakers ) own , serve , obey and worship , is the only true god that made heaven and earth , who is pure , and of purer eyes then to hehold iniquity , and not any that lives in pride , covetousness , high-mindedness , vain-glory , self-seeking , pleasures , vanities , hawking , hunting , gaming , sporting , oppression , persecution , envy , wrath , swearing , lying , whoredom , drunkenness , foolish jesting , corrupt communication , or any unrighteousnesse whatsoever , can enter into gods kingdom , nor any unclean thing whatsoever ; and they that are without purity and holiness , whose hearts are full of lust , pride , and deceit , living and dying in this miserable state and condition , cannot enjoy the pure presence of the lord , neither in this life , nor in the life which is to come after death ; and verily the lord god is provoked to anger daily , and his spirit is griev'd to see the wickednesse and the abominations that is acted , committed , and done in england , and elsewhere , both amongst the rulers , teachers , professors , and prophane now at this time , for all the whole world lyeth now in wickednesse , and are in the broad way that leads to destruction , and there is no true change , nor reformation , neither amongst the rulers , teachers , nor the generality of people , but they grow worse and worse , and more vile and wicked then they have been formerly , and so their hearts is hardned in sin and wickedness , and they are past feeling , whose consciences is seared as with a hot iron , for they have given themselves over unto lasciviousnesse , to work all uncleanness with greediness , and the leaders of the people caused them to erre , and they that are led of them are destroyed , for the leaders lives in pride , covetousnesse , and in all manner of wickednesse , and without the true fear of god , and so doth the generality of people that followeth them , and so as they are , such are the people , for they are patterns of ungodlinesse , and evil examples for others to follow , and thousands are like to perish for want of the true knowledge of god , whom to know experimentally is life eternal , and therefore if the blind lead the blind , they are both in great danger to fall into the ditch ; therefore as you tender the good of your soules , and the honour and glory of god , prize your time while it is called to day , and see that you walk more circumspectly then you either have done , ( or do ) and take warning in time , and do not act against the lord jesus , nor his people any longer , ( as now you do ) least the jugements of god come upon you at unawares . and although you have passed an unjust sentence against us , whereby to destroy both our persons and estates , and deprive us from having any protection by the king , or his laws , which the righteous god will one day call you to an account , both for this , & many other unjust things which you have acted against him , which gods witness in your own hearts and consciences will set you see , and tell you what you have done against the lord and his people , if you hearken to it , and it will accuse and condemn you for what you have done . and this i would have both you and others to know , that you cannot ( neither is it in your power to deprive us from being protected by the king of heaven and earth , who is king of kings , and lord of lords , and he is our king , law-giver and judge , and he doth ( and will ) protect and defend us , and in his own time he will deliver us out of the hands of our enemies , and out of the hands of all the wicked and ungodly , and this we do verily beleeve that our god whom we serve and obey will do for us , as he hath done great things for us already , blessed and praised be his great and glorious name for evermore ; and our only hope , trust , and confidence is in the lord , who will never leave nor forsake his own people that puts their whole trust and confidence in him ; and in the mean time we are contented with our present condition , and what the lord hath suffered to come to passe , knowing that all things which the lord brings , or suffers to be brought to passe concerning his people , will work altogether for their good ; and this is suffered by the lord to be thus done unto us , for the exercise and tryal of our faith and patience , and the lord hath made us willing to submit unto his will , and blessed be his glorious name for evermore that counts us worthy to suffer for his sake . from the county goal at oxford , this . day of the . month. by me who am a friend and a lover of all that truly fears the lord , and works righteousness , and loves the lord jesus in truth and sincerity ; but i am an enemy to every appearance of evil , a hater of all false wayes and idolatrous worships whatsoever known by the name thomas goodaire . london , printed for thomas simmons , at the bull and mouth near aldersgate . . a discourse concerning publick oaths, and the lawfulness of swearing in judicial proceedings written by dr. gauden ..., in order to answer the scruples of the quakers. gauden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse concerning publick oaths, and the lawfulness of swearing in judicial proceedings written by dr. gauden ..., in order to answer the scruples of the quakers. gauden, john, - . [ ], p. printed for r. royston ..., london : . reproduction of original in duke university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- controversial literature. oaths. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse concerning publick oaths , and the lawfulness of swearing in judicial proceedings . written by dr. gauden , bishop of exeter . in order to answer the scruples of the quakers . cor. . . without charity i am nothing . tim. . . in meekness instructing those that oppose . ne putemus in verbis scripturarum esse evangelium , sed in sensu ; non in superficie , sed medulla ; non in sermonis cortice , sed in rationis radice . hieronym . in ep. ad gal. london , printed for r. royston , book-seller to the kings most excellent majesty , at the angel in ivy-lane , . to the truly honourable , robert boyle , esquire , son to the earl of cork , &c. sir ; such as have the happiness to know you , need no more then the mention of your name , to put them in mind of your merit upon man-kind ; whose learned , industrious and pious accomplishments , have , as with the greatest modesty and civility , so with the least austerity or reproach , given the nobility , gentry , ( yea and clergy too ) of these three kingdomes at once to see in your studious and vertuous example , the best way of proportioning their lives and manners to the eminency of their names and stations ; thereby to preserve or redeem themselves from that civil war and sad captivity to which idleness , fermented by inordinate passions , or vain and vicious affections , is prone to expose not only their estates , healths and honours , but their religion , consciences and soules , while men of noble birth , good breeding , ingenious parts and generous estates , do miserably debauch their dignity , and squander away those noble advantages they have above other men , to do well and worthily . as if one should cut out goodly timber-trees into loggs or chips ; and instead of stately pillars or beams , make only bed-staves , or cat-sticks , or tooth-picks of them . so degenerating from all true sense of honour becoming gentlemen and christians , as to glory in their shame ( i mean their sin and folly ; ) and to be ashamed of their true glory , which is , to be as rationall and religious as they can be in this state of mortality . your nobleness will excuse me , if i venture to offend you , by telling the world ( what i have many years longed to do ) how high a value i have for you , of whom i have so pleasing and complete a prospect ; not more for your rare endowments of nature and art , then for your rarer ornaments of grace and vertue ; while you neither superciliously fancy learning to be any diminution to your noble birth , nor yet piety to be any disparagement to your great learning . i must not ( now ) in my maturer years compare you to our so famous sir philip sidney ( whom i heretofore valued very much , nor do i yet undervalue him ) because i think you have out-vied his eloquent valour and heroick romances , with greater essayes and more useful atchievements both in philosophy and divinity . the more retired and solid grounds of the first ( philosophy ) you are daily searching and discovering , with your generous associates , by accurate and real experiments ; which are the anatomies of nature , and the keyes to her cabinets , opening a door to the true prospect as of the causes , so of the virtues , operations and efficacies of things , and by them to the creators glory ; which is much eclipsed by that occult , conjectural and sceptical philosophy , which is rather imaginary then real , a parturiency without birth , a meet abortion as to knowledge ; indeed , a kind of legerdemaine in learning , and sophistry , rather then science verified by experience . the fountains also of the second ( that is , divinity ) your selfe have lately cleared , in vindicating by your pen the sacred , yet unaffected style of the scriptures , with a most eloquent and learned zeal , against some mens profane and atheistical cavils , who are so wittily wicked , as to disdain even salvation it selfe , in that plain , but sure way , which the wisdom of god sees fittest for humane capacities : whereas few ( i believe ) of those curious gallants would be so foolishly morose , as to refuse a faire estate which were setled upon them in the ordinary legal way of deeds , because it is not conveyed to them in such oratorious harangues and flourishes of speech as they most fancy . i have dedicated this little piece to your great name , because it covets a resemblance to , yea and hath an emulation of , your candor and humanity toward all persons that are not wholly profligate in their opinions , or desperate in their actions . the design of this tract is to correspond , as much as i may , with your principles and genius , who have the happiness to render the severest vertues amiable , and to confute the grossest errors with the gentlest truths . i confess both in religion or charity , and in reason of state or policy , i am not for inflicting at first dash sharp penalties on seduced or simple people , meerly upon the account of their opinions , ( modestly dissenting in some lesser things from the religion or laws established ; yet without any rude blaspheming or opposing them as to the main of faith , morality and civil subjection ) until such rational and charitable means have been used to convince them of their errors , as may at once discharge those duties of humanity and charity which we owe to all men , specially to our country-men and fellow-christians . the cudgel and sword , prisons and banishments , plunderings and sequestrations were the late cruel and flagellant methods of our most tyrannous times ; which had nothing of reason , law or religion to support them : but these are not ( in my judgment ) either the first or the fittest means to confute the falsities of mens private opinions , or to rectifie the obliquities of their inconform but innocent actions , flowing from them upon the account of conscience and plea of religion . ( although it may be as just as necessary to repress by legal coercions and penalties those petulant obstinacies , which do resist all softer applications , and endanger the publick tranquillity by giving affronts to settled religion , or obstructions to the proceedings of justice by established laws . ) i am indeed for ( cuncta prius tentanda ) those divine essayes and appeals first , which render men most unexcusable ( quid amplius poteram , what could i have done more , &c. ) using lenitives before lancings , & fomentations before incisions or amputations , until there be no other remedy ; then rigor and severity to some parts ; becomes the greatest charity to the whole ; where not the scratch of a petty opinion , but the gangrene of an obstinate and rebellious humor forceth the abscission of one part , to prevent a deadly contagion to others , yea to the whole body . not that i think it any religion to have an indifferency to that true religion which is once established by publick consent and law , as best and fittest for the nation ; nor is it any part of mercy alwayes to suffer publick justice to be baffled by the refractoriness of any persons or parties . no , i am far from a tame permitting tares to be openly scattered by the bold and evil hands of any men , who seek , as enemies , to choak that good seed of religion which is sown by the publick ministry , and fenced by legal authority . as i would have that religion only setled in its doctrinals , devotionals , discipline and government , which is by publick consent ( according to the word of god and catholick prudence ) judged to be the best for truth , sanctity , order & decency ( which , blessed be god , is in england : ) so i would have it ( and it only ) to enjoy all publick countenance and encouragements , by the injunction and protection of the laws , by the favour and example of the prince , by publick maintenance and honour , by the use of publick churches and oratories : to the preachers and professors of this , publick offices and employments of honour and authority , foraign and domestick , ecclesiastical , civil and military , should be chiefly appropriated ; of these advantages dissenters should be generally deprived , because they are the proper honoraries of those who most serve the publick peace , by their due observance of the religion and laws established ; from which whoso openly va●ies and dissents , layes the foundations , as of distraction and division , so of destruction and confusion . with these outward advantages added to that internal power of truth & holiness which are in the established religion , it may ( as i think ) not only be happily suppo●ted , but easily prevaile in a short time ( by gods blessing ) against all factious and feeble oppositions ; unless the scandal , negligence , levity and luxury of its ministers , bishops , presbyters and professors overthrow it , by casting such immoral disgraces upon it as make people dissbelieve and abhorre both it and them ; as was in the case of eli's sons . but i confesse i would not have this legal and avowed religion of the nation so rigorous , sharp and severe ( as sarah to hagar ) by the suddain over-awing or violent overlaying of all other different perswasions in peaceable men , as not to let them breath in the same common air , or not to enjoy their lives , civil liberties and estates , with their dissenting consciences , in all modest privacy and safety : i abhorre ( as much as i dread ) all racks and tortures of mens souls , or those cruel no less then curious scrutinies of mens consciences , which covet , first ( like god ) to search mens hearts , and then ( like the devil ) delight to torment them in their estates and liberties , only because they are not so wise or apprehensive as themselves , but as honest ( perhaps ) and sincere in the sight of god. true ; i think that some little pecuniary mulct , as one or two shillings to the poor , for every lords dayes absence from the publick church or assembly , may be justly ( laid as a mark of publick dislike ) upon dissenters and separaters from the established religion ; not for their private difference in judgment , ( which possibly is not their fault ) but for their publick deformity in practise , to the scandal of the established religion , and to the endangering of the publick welfare , whose strength and stability consist in unity , and this in uniformity to the setled rule , and in conformity , to outward practise : yet still no inquisition to be made into free mens consciences , nor any great penalty laid upon them for their perswasions , further then their words and actions do discover their principles , opinions , correspondencies , and adherencies to be contrary and dangerous to the publick peace , order and justice , which all are founded in , and flourish by our setled laws and religion : thus permitting sober men not a declared toleration , or publick profession , by way of open rivalry to the established religion , but only such an arbitrary connivence and conditional indulgence as gives them no trouble for their private and untroublesome opinions , while they are kept in their breasts and closets ; or in their private houses and families : to which all dissenters ought in reason to be confined on the lords day , without any convention of strangers to them ; though ( perhaps ) on the week-day they may have their meetings allowed , yet so as to be kept within parochial bounds , or to such a number of persons and families as shall be thought safe . but for dissenters to have multitudinous conventicles , as it were musterings of their forces , when , where , and as many as they please , cannot be safe : for thereby they not onely affront the established religion , but confirm each other in their opinions ; yea and ( as charcoals in heaps ) they more kindle and enflame each , other by their numbers , to such proud animosities and rebellious confidences , as may hope to set up their faction supream , not only in the repute of religion , but in civil power ; which is the ambitious aim of all parties , ( except that which is purely christian , & wholly resolved into suffering principles . ) all others ( we see ) whether papists , or presbyterians , or anabaptists , or independents , affect ( summam imperii ) as diotrephes , to have the preeminence ; as lucifer and antichrist , to exalt themselves above all : and therefore they must by wise and vigilant power , as well as by good preaching & living , be kept ▪ as fire , within the hearth of their private opinions and parties , left they prevaile by popular arts against the publick established religion , which is the palladium or conservator of civil peace and prosperity , and never to be rashly changed , or rudely contemned while it is authorised . the great charity to which includes even a charity to all those which differ from its present settlement ; who commonly are more miserable in the riotous mutations which their folly and rudeness affects , then in those sober restrictions of which they are so impatient , that from different perswasions they break out to petulant oppositions by tongue and pen ; thence they are betrayed to seditious projects ; and at last these must be brought forth in tumultuary and violent actions ; which are so intolerable , that the very first sparks of their insolent and seditious expressions , especially in pulpits and presses , ought by great penalties to be suppressed : there being nothing more unreasonable , then for any man rudely to blaspheme and reproach that religion which his prince and countrey professe ; unless he be so impudent ( as many are ) to blaspheme that also which himselfe owneth as the true religion with them . this tenderness , moderation and indulgence i bear only to humble , modest and innocent dissenters , upon the account of christian charity , which ought in all things , becoming humanity , to exceed all other men , as tertullian well observes . to which christian charity of mine towards sober dissenters , ( besides the confidence i have of truth and its prevalency ) perhaps my native temper and candor may contribute something , which abhors , after the genius of primitive christians , all severity or rigors only upon the score of religion , farther then is necessary for the cure of offenders , and the conservation of the publick peace . i know the roughness or smoothness of mens educations and complexions , like esaus and ●acob's , have much influence upon their opinions and conversations ; yea , and upon their consciences too . if this may seem to some too great a facility and gentleness in me , yet it is an error on the right hand , and nearest the medium both of humanity as a man , and of charity as a christian , measuring all policies by christs golden rule , to do as i would be done unto . secondly , in point of state-policy also , or methods of true government , i do conceive that meer plagiary counsels and punitive courses are never likely to obtain the main end , which is to stop the contagion of errors , and to extirpate those depraved opinions , which are justly thought to be the spawn of dangerous actions : for , unless the generality of credulous people , who are spectators of those that differ and suffer for their opinions and consciences , do also see so much light of reason and clear religion , as may justifie the severity of the laws executed upon those offenders , who profess conscience for their disobedience , and scripture for their consciences ; it is most certain , that the spectators of their sufferings will very much soften to a compassion for them ; and by sympathizing with their persons in affliction , they will , by degrees , symbolize with their opinions ; easily running , as metal that is melted , into the same mold : at length the populacy , if not fortified by pregnant demonstrations of truth against those spreading errors and their pseudo-martyrs , will mightily cry up their piety , admire their courage , & magnifie their constancy : at last they will conclude those sufferers to have some special support , or diviner spirit above ordinary men , because they seem to be so much above the ordinary passions of fear and hope , self-love and preservation ; which prospect of patience justin martyr tells us , was the first occasion of his examining the doctrine of christians , that he might see on what ground so fixed a constancy grew , which shewed a divine security midst humane infirmity . by such popular pity and applause , not only sufferers will be confirmed in their pertinacy , but their spectators also will dayly encrease and multiply , as the shootes of trees do by the lopping off their branches : especially if the lives and actions of such dissenters and sufferers be morally just and civilly innocent . for nothing sooner discovers and blasts such cross opinions , and withers the glory of their factious spectators , then vile , injurious and insolent demeanor either in words or deeds ; such as all men confess to deserve the gaole and gibbet . this indeed ( as in the mad pranks of john of leyden and his anabaptistick crew in germany , and so in our hacket and other disciplinarians in england ; in the late presumption of the presbyterian reformations , and independent confusions , full of perjury , sacril●dge , treason and innocent blood ) this , i say , will , as the barking of trees round , presently bring any opinionists and factionists to publick scorn and hatred ; as it did those papists who heretofore in the marian persecutions , in the horrid powder-plot , and in the late irish rebellion , full of perfidy and cruelty , have so blemished the repute of that catholick cause , as it can never be redeemed from just jealousies , but by actions of extraordinary loyalty , meekness and humanity ; besides the renouncing of some opinions . but where harmlesness of life sets a glosse on opiniont , and errors thereby grow more lusty and rank , ( as ill weeds in good ground : ) there meer robust power or punitive severity can no more pull them up , then a strong arm doth thorns and bushes when they are deeply rooted ; breaking off the stem or top of them , but leaving the roots still in the ground , which will spring again , and spread farther . here nothing is so effectual to do execution upon errors , as clear demonstrations of reason and religion ; which reaching mens consciences , by the proper methods of conviction , do , like a sharp spade and mattock , fetch up the very roots and fibres of evil opinions , to the utter extirpation of such noxious plants in a short time , except where knavery and hypocrisie do husband opinions to the best advantage of secular ends and interests of reputation , profit or power . after this charitable method and temper were those many learned works and elaborate tracts of the ancient fathers of the church , irenaeus , tertullian , cyprian , saint austin , prosper , cyril , hilary , optatus , saint jerom and others , written , conforme to the canons and decrees of ecclesiastical councils , guided by the word and spirit of god ; and seasonably applied by their skilful and charitable hands , to cure the maladies and stop the gangrenes of such pestilent opinions as sprang up in their dayes from hereticks , schismaticks and fanaticks . nor did those holy men at any time so despise the meannesse of any christians outward condition , or the fatuity of their opinions , as not to set a great value on their souls , for which christ had died ; ever applying , first the sword of the spirit , the word of truth , in meekness of wisedom , before they craved the assistance , or incouraged the severity of the secular sword , from christian emperours and magistrates ; using all rational and religious means , untill they found , that depraved opinions put men upon desperate actions , as in those of the novatians , donatists and arrians , also of the manichees , euchites and circumcellians , ( a primitive kind of quakers ) who by a specious constancy in praying , and affectation of suffering , so seduced the vulgar people , that the numbers of their devout , idle and hungry associates , at length , gave them confidence to make a prey and spoile of other mens goods , estates and lives too ; till by armed forces they were repressed , and by just laws prohibited , in honorius and other emperors times . then indeed charity to the publick peace and welfare must be preferred before any pity , charity , forbearance or indulgence to private persons , parties and opinions , which growing rude and insolent in their words or deeds , sufficiently discover they are not upon the pure account of conscience , or principles of true christian religion ; which is as farre as heaven from hell , or christ from belial , from teaching or impelling men to any actings or approvings of private sinnes and immoralities , much more from publick conspirings and practisings of factions , schisms , sedition and rebellion in churches and kingdomes : for which christ never gave any commission to his disciples , nor the least countenance ; but on the contrary , most eminent precepts and examples of humility , meekness and patience under any sufferings for conscience sake ; sufficient for ever to confute the most specious pretensions of any , who violently carry on their private opinions and pretended reformations , against the will and power of lawful magistrates and settled churches . i do judge it both piety , charity and policy , to establish the rule of publick religion by l●wes for uniformity in doctrine , devotion , discipline and decency , accompanied , as with rewards and priviledges to the conformers , so with some moderate pecuniary penalties on dissenters , according to mens estates and influences : but , i confess , i am not for heavy mulcts , and rigorous exactions , which shal imprison , banish , impoverish or destroy modest dissenters and their families onely for the variety of their judgment ; when their civil actions are otherwise moral , just and inoffensive . this severity would in some countries ( and possibly now in england ) be not only destructive to many thousands , but very disadvantagious to the king and kingdome , to the trade and commerce of the nation , by opening a little wicket of royal clemency only to some few , and shutting the great gate to many , whose tender and unsatisfied , or scrupulous consciences do as much expect , need and deserve it , as those that have it in petty matters ; while all others scruples are driven to discontent and despair by denial of all ▪ indulgence to them in greater scruples . there are but these four wayes of treating any party that dissents from the publick establishment of religion and its lawes in any church and kingdom . . either to impoverish , imprison , banish and destroy all dissenters , as the king of castile did the moores of granada ; which is a very rough , barbarous , unwelcome and unchristian way , disallowed by all wise men of all perswasions : or , secondly , by rational convincing them of their errors ; which is a work of time and dexterity , not to be done on the sudden , no more then bodily cures , without a miracle ; though very worthy to bear a part in the discipline of the church , which should require of every one a reason why they differ from , or forsake the established religion , and treat them according as their perswasion , passion , or pertinacy shall appeare to the conservators of religion : or , thirdly , by changing established laws for their sake ; which is not for the piety , prudence , honour and safety of a nation and church , when it judgeth its constitutions to be religious , righteous and convenient : or , fourthly , by way of discreet connivance and charitable indulgence , so farre as the civil peace of the nation will bear ; until reason and religion ( of whose prevalency wise and good men never despair ) have by calme and charitable methods recovered people from the error of their wayes , by the sacred doctrine and good examples of those who conforme to the established lawes in church and state. this being first done , will render dissenters unexcusable , and justifie any severity which shall be inflicted upon the extravagancies of those opinions and actions which do any way perturb the publick peace , or affront the established religion . and in this particular case of the quakers ( who refuse all legal oathes , upon scruples of conscience , and so threaten either to subvert our laws , or to obstruct all judicial proceedings , pleading for their disobedience to mans laws , the express command of christ and his apostle saint james ) no sober man can think by meer penalties to reduce them to a conformity with our laws , or to stop the spreading of their opinions , untill it be plainly shewed , that it is not true religion , but onely superstition in them ; a fear where no fear is ; a being righteous over-much , by a mistake of christs meaning ; a wresting of those scriptures , by their own unlearnedness and unstableness , to their own destruction , as well as to the publick perturbation . noble sir , this great work ( for so it is , to convince weak and wilful men of the error of their wayes ) i have undertaken in this little treatise , by gods blessing , not unseasonably ( i hope ) as to our times , nor unsuitably , as to my profession . if i may be happy to do any of them good ( who possibly may erre in this with no evil mind ) by redeeming them from their mistakes , and so from the penalties of the law , i shall more rejoyce in that success , then those souldiers did , who among the ancients were rewarded with civick garlands for preserving any of their countrey-men and fellow-citizens : which honour ( you know ) the roman valour esteemed more , then any victorious laurels for destroying their enemies . and in this charitable endeavour ( prospered by gods grace ) i shall the more seriously triumph , because i believe it most agreable as to my saviours preoept and primitive examples of christian bishops , so to your generous soule , whereby this piece may probably be fortified with the approbation of so pieus and judicious a person ; whose single suffrage is to me more valuable then the sequacious and vulgar votes of thousands , whose empty brains and clamorous mouths , like hollow places where echo hides her self , do commonly receive and report things , not as the truth is in them , but as the noise and cry is lowdest . i know you are as much above plebeian censures , as titular honours , traditional philosophy , and popular religion ; being every way judiciously devoted to god and his truth , full of loyalty to the king and laws , also of sober conformity to the established religion of this church , whose royal law is that of charity , the bond of perfection , and centre of peace : in all which respects you deserve and have the love and honour of all worthy persons , and particularly of him , who may , without vanity , own this as an instance of some worth in him , that he is , ( sir ) your most affectionate friend and humble servant , joh . exon . march , . a discourse , concerning publick oaths , and the lawfulness of swearing in judicial proceedings , &c. finding lately in the most honourable house of peers , that a law was likely to pass in order to punish , with great penalties , those english subjects , who , under the name of quakers , shall refuse to take , as other legal oaths , so those which are usually required in judicial proceedings , thereby to prevent , either the alteration of the good laws and customs of england , according to private mens fancies , or the obstructions and violations of publick justice ; ( the free course of which ( as that of the blood and spirits to the natural ) is the preservation of the life and health , the peace and honour , the happiness and very being of the body politick ) which by the laws and ancient customs of this kingdom of england cannot be duly administred , but by those forms of solemn and religious oaths in the name of the true god , which are the highest obligations to truth and justice upon them that swear ; also the greatest satisfactions or assurances that can be given to others , for the belief of what is so attested , and for acquiescency in what is so decided : i was hereupon bold thus far humbly to intercede with that honourable house , in the behalf of those poor people who are likely to fall under the penalties of that law , that however i might consent to the passing of that bill , out of that justice and charity which i owe to the publick peace and welfare ( to which all private parties , interests , and charities must submit ; ) yet i craved so far a respite for some time as to the execution of those penalties upon any of them , as offenders , until some such rational and religious course were taken , as might best inform those men of the lawfulness , by god's as well as man's law , of imposing and taking such publick oaths : that so answering first their scruples , and fairly removing their difficulties , either they might be brought to a chearful obedience in that particular ; or else be left without excuse before god and man , while the truth of the law was justified against their error , and the severity of it only imputable to their own obstinacy . i further recommended this previous method of christian charity or meekness of wisdome , as best becoming the piety , humanity and honour of that house ; . as most agreeable to the wonted clemency of his majesty to all his good subjects ; . as the aptest means to reclaim such as were gone astray from their duty , by the error of their fancy ; . and to stop for the future the spreading of this and other dangerous opinions , which are usually known under the name of quakerisme ; the cure of which is easilier done by rational applications , then by only rigid inflictions upon those , who pleading conscience , will by the vulgar be thought martyrs for their sufferings ; their patience spreading a love and esteem of their opinions , by that pity and sympathy which people will be prone to have for their persons . . i further asserted this humble motion as very sutable to my profession , as a minister of the gospel , as the special care of the bishops and fathers of the church ; relations which carry in them great obligations to humanity , charity , ministerial duty , episcopal vigilancy , and paternal compassion to any men , specially christians who are weak or ignorant , erroneous in their judgement or dangerous in their actions . . lastly , i urged the paterne of divine justice , whose usual fore-runner is mercy ; vengeance rarely following but where patience hath gone before , instructing men of their duty , warning them of the danger of their sins , bearing with their manners for a time , and calling them to repentance , before the decree come forth to execution . to this purpose i am sure i spake ; how i worded my meaning i cannot exactly recollect ; confessing , that i never found my self ( who am thought neither a barren nor a diffident speaker ) more surprised with an ingenuous horror in any audience , then when i adventured to speak in that most august and honourable assembly of the lords in parliament , where there are so many excellent orators , and accurate censors ; among whom it is safer to hear then to speak , and easier to admire then imitate their judicious eloquence . as the motion seemed to have some favourable acceptance in that honourable house from many lords temporal , and from some of my brethren the bishops ; so i presume it will not be displeasing to their piety and charity , if i do that by a private and single hand , which i perswade my self all of them would readily assist me in by their joint suffrages and consent , if their leisure would permit them in common to consult and determine of this point . nor can i but believe that his majesties royal clemency , which hath sought in the gentlest way to convince and conquer all his enemies ( whose pride and folly hath not made them desperate , and so the severest punishers of themselves ) will graciously approve this my charitable endeavour , to redeem many of his well-meaning subjects from those mistakes in opinion , and mischiefs in practise , which must either expose his majesty and his kingdomes to great troubles and dangers , if unpunished and permitted ; or else compel his native gentleness to use at last ( and it may be too late ) those severities , which not his own benignity , but the publick necessity , will require of a wise and just king , whose lenity to any party of his subjects , contrary to law , will soon become an injury to the community , which cannot be safe or happy but by an uniform obedience to the same laws , which must be the rules and measures of all mens publick actions , the tryers of their failings , and the inflicters of their punishments . this office of christian charity i have undertaken for christ his sake , by whom i have received many mercies ; not bespoken , or in the least sort obliged , by any of that sect called quakers , with whom i have so little correspondency , that i have not any acquaintance , not knowing any of that way by face or name , or one hours conversation : they being a generation of people so supercilious , or so shy , that they are scarce sociable or accessible ; speaking much in their conventicles behind mens backs , but seldom arguing any thing in presence of those that are best able to answer or satisfie them ; seeming wiser in their own conceits then seven men that can render a reason . i have seen indeed some of their papers , and received some of their letters written to my self ; truely , not very rudely , nor malapertly ; yet with so abrupt and obscure a way ( so blindly censorious , and boldly dictating , ) that saving a few good words and godly phrases in them , i found very little of rational or scriptural demonstration , many passages so far from the beauty and strength of religion , that they had not the ordinary symmetry of reason , or the lineaments of common sense in them ; at least in my apprehension , who am wholly a stranger to any canting or chymical divinity , which bubbles forth many specious notions , fine fancies and short-lived conceptions , floating a little in an airy and empty brain , but not induring the firm touch or breath of any serious judgement . nor do i expect any thanks for my pains from any of that faction , while they continue in their morose opinions , in their surly , rude and uncourteous manners . i do not hear that they are generally a people of so soft and ingenuous tempers , as to take any thing kindly or thankfully from those that are not of their own perswasion : many of them seem to affect a ruserved and restical way of clownish , yea scornful , demeanour ; prone to censure , despise and reproch not only their betters , but even their benefactors and instructors . their rude and levelling humour denies to shew common courtesie and wonted tokens of civil respect to their superiours ; contrary to the reverent , gentle and humble behaviour of all god's people , in all ages , jews and gentiles , then whom none were more full of inward humility , or of outward respect and civility , according to the custom of their countries . possibly , these quakers may in a fit fear and flatter some men in power ; but they do not seem much to regard any man with any true love or honour as to real worth , unless they be of their fraternity ; who pretending to a diviner spirit and higher lights then either reason , law or scripture afford to other men , do think they have cause to glory in their own imaginations , and to despise all those who are not yet arrived to the pitch of their presumption . some men i find look upon these quakers with an eye of publick fear and jealousie , lest the leaven of their opinions and practises , spreading far among the meaner sort of people ( to whose humour that rude and confident way is very agreeable , while in a moment all their defects of reason , learning , education , religion , loyalty and civility are made up by a presumed spirit and light within them ) lest , i say , it should , after the pattern of other sects , both later and elder ( such as were the montanists , manichees , circumcellians , euchites , samosatenians , anabaptists , familists , presbyterians and independents ) give occasion and confidence to common people to run to tumults and commottons under pretence of setting up god , and christ , and the spirit , by the way of new powers , new lights , and new models in church and state. of which rare fancies we have had of late so many tragical experiments in england , under other names , notions , and pretensions . certainly , it will become the publick care and wisdom , as not easily to permit the rise and spreading of any novel humors and wayes contrary to the good constitutions and well-tried laws of this church and kingdom : so never to trust them , though never so soft and seemingly innocent at first . hornes , as in other creatures , grow out of mens heads and hands too , as their bones and smews grow stronger , as their strength and members increase . nothing but truly christian and evangelical principles ( which are in the good and old way ) do secure kings , or sufficiently bind subjects to their good behaviour . though factions at first may seem but as a cloud of an hand-breadth ; yet they will in time grow big and black , covering the whole face of heaven , and pouring down showres of civil troubles upon any church and nation , if they be not dispelled by authority . let them go never so soft and silently at first , as cats and lions do on their paws ; yet they have all of them sharp fangs , hidden and reserved talons , till they find a fit prey and opportunity for their designs : then you shall see what cruel clawes they have . we see not only the greater hornets of rigid presbyterians , but the lesser wasps of independents , and the gad-flies or muskeetos of anabaptists , with other insects , after their pious buzzing at first , used their stings at last , and in their season , both jointly and severally , they sought to sting to death this church and kingdom : though at first , like serpents in winter , they seemed very tame and meek , as to their principles and practises . there is a wolf under the sheeps clothing of all novelizing humorists . all of them did either begin , or continue , or increase our late miseries , and will renew them by their emulations and ambitions , from which the miraculous mercies of god have delivered us . the only advantage which these our late tragedies can afford us , is , to learn wisdom by them , to govern our hearts and affections with greater evenness and exactness , also to look to the peace of church & state with all possible circumspection and vigilancy ; never to trust the most innocent smiles and harmless simplicities of any innovators , dissenters and repugners against well-setled laws and ancient constitutions , no way contrary to reason or scripture . for my part , though i have pity and charity for these silly quakers , as they may now appear wrapped up in a kind of clownish garb , and ignorant plainness ; yet i should forfeit my prudence much to trust their hands : because i find the tongues and pens of some of them are full of bitterness , scorn and reproch ; arguing much pride and presumption in their spirits , not beseeming truly mortified christians , and least of all such as are , for the most part , but mean people for birth or breeding , for reason and understanding , as well as estates . and for the pretended inspirations or inward lights of which they vapour , i never yet saw any beams or effects of them , that might give the least cause to think of them above other poor men , who live by the more sure and sufficient light of the scriptures and our laws , which raise them to much a higher pitch of knowledge and prudence , sanctity and due obedience , then ever yet i observed in any of this way , who seem very much infected with affectation and self-conceit . i never conversed with any of their persons ; and for their writings , private or publick , ( in which i suppose they shew their best abilities ) i must profess there appears to me so nothing of an excellent or extraordinary spirit in them , that there is much of silliness , and never well-catechised ignorance , ●et off with great confidence ; an odd way of folly dressed up with some scripture-phrases : like sepulchres painted with sweet flowers and fair colours , but void of any true life and beauty within ; either as convincing of sin and error , or as vindicating any truth or necessary point of duty and morality . they generally seem a busie , petulant and pragmatick sort of people , measuring themselves by themselves , admiring each other , even in their most ridiculous affectations and falsities : a kind of dreamers , at once deceiving and being deceived , doting and glorying in their rude and contemptuous carriage toward all men that do not either favour or flatter them in their rusticity and petulancy , which hath in it a great seed of pride and ambition . nor do they seem wholly void of other evil principles , which look very like covetousness and injustice , while they deny to ministers of the gospel , never so able and faithful , that maintenance by tithes , which by the laws of the land are as much due to them as any mans estate , and by no law of christ forbidden , but rather allowed ▪ yea , ordained and proportioned by the lord under the gospel , by a paritie of justice and gratitude , in way of homage to christ , and of due wages and hire to gods labourers , as the livelihood of those that serve god and his church in holy ministrations . nor is it a small insolence in them to endeavour , in an age of so much light and learning , to obtrude , yea oppose , the rudeness and silliness of their covetous and crude fancies , against the prudence , justice and piety of this church and kingdom . but my design in this place is not to ravel into all the pettie opinions , enthusiastick raptures and odd practises of the quakers : nor will i here severely perstringe them , because i have a great pity for them upon a threefold account . first , because i perceive them to be so very unlearned and unstable people ; ever learning , but never coming to any solid knowledge of truth , or any great improvement in christian gifts ; men of low parts , and small capacities as to any point of true wisdom or understanding in things humane or divine ; tossed to and fro with every wind of doctrine ; easily seduced with specious pretensions and strange notions , even to raptures and enthusiasmes , which are presented to them as rare novelties by some that are masters of that art , and agitators for that party ; for what design , private or publick , forraign or domestick , god knows . some suspect jesuitick arts to be among them . indeed they seem so far to conspire with the craftiest lotolists , as they bear a most implacable hatred against the church of england : and under religious pretensions they may in time undermine the civil peace , as other factions formerly have done . the way to make them better subjects is to make them wiser men and seberer christians , by some publick care to have them better instructed as well as justly restrained . my second ground of pity to them is , because they are a sect lately bred by a kind of equivocal generation , as vermine out of the putid matter and corruptions of former times , in which so many factions cast forth their spawn and filth to the deformity and confusion of all things civil and sacred in this church and kingdom . they had their beginning from the very rabble and dregs of people , uncatechised , undisciplined and ungoverned in england . no wonder to find these people fly to inspirations and new lights , when they were hatched in dark times , which sought to put out all the old light of law and gospel . they might easily run to rudeness toward their betters , and refractoriness against our laws , and obstinacy in their errors , and impatience of any just coercions , when they had their first original and extraction out of that squalor , mud , and fedity of times which destroyed all fear of god and reverence of man , which denied the holy institution of ministers , the orderly presidency of bishops , the just authoritie of magistrates , the freedome and honour of parliaments , and the sacred majesty of kings . all these being troden under the feet of profane levellers and cruel vsurpers , who can wonder that the impiety and scandal of those times should lead such silly people in those temptations , which sought by some unwonted waies to make even their obscurity remarkable at least by the parallel boldness of their opinions , and the rudeness of their actions ? . lastly , i pity them , because to me it is no wonder , if people of so plain breeding , of unpolished manners , ( and possibly of no evil minds , compared to others of those times ; though easie and unwary , as the quakers for the most part are ) if ( i say ) they were scared from all swearing by the frequent forfeited oaths and repeated perjuries of those times , in which the cruel ambitions and disorderly spirits of some men , like the demoniack in the gospel , brake all bonds of lawful oaths , by which they were bound to god and the king ; daily imposing , as any new partie or interest prevailed , the superfoetations of new and illegal oaths , monstrous vows , factious covenants , desperate engagements , and damnable abjurations . poor men , the quakers , as well as others , had cause to fear lest if they took an oath to day , they should to morrow be forced to renounce and abjure it ; not as to own a quiet submission and profession of passive obedience to powers at present prevalent and protecting ( which is the way of temporary and reciprocal oaths of allegiance , among those subjects whose fortunes lying on the frontiers of dominions , expose them to the vicissitudes of wars and change of governours ) but to a formal comprobation of most unjust actions , yea to renounce and abjure the undoubted rights of others , to attest even by oath the usurpations of those as lawful , which were most diametrically contrary to the laws of god and man. this great temptation under which these quakers then lived , makes me have much compassion for them ; it being not only easie and obvious , but venial and almost commendable , for them to be carried to an utter aversation from all swearing whatsoever , when they saw such desperate abuse and breaking of publick and solemn oaths in those dismal days . but as the abuse of things lawful and good must not take away the lawful use of them , no more then some mens gluttony and drunkenness may deprive us of all eating and drinking soberly : so neither may christians therefore deny all swearing , because some men cared not what and how they did swear and forswear . here a little clearing of those superstitious fears and prejudices which first possessed these men against all swearing , may at once let them see the liberty they have for doing that which our laws require , and our saviour in the gospel no where absolutely forbids , but onely regulates and restrains . nor do i only thus pity the quakers , but i praise them also in some respects ; being as no enemie to their persons , so a friend to any thing that is good in them . first , for their chusing ( as they profess in those papers given in that day to some of the lords ) rather to suffer then sin against their consciences , and so against god ; whose holy will shining on the soul in reason and religion , either seeming or real , is indeed the present rule of conscience : nor may any man act contrary to these dictates which he judgeth to be gods ; though he erre as to the truth of the rule , yet his judgement binds so far as it represents , though in a false glass , the supposed light of gods will. for he that will venture to act against conscience , though erroneous , will also act against it though never so clear and perspicuous . here the first care must be , that the ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) judgement be according to truth , and then to act accordingly : else , however the integrity of intention may be commendable , and so mitigate the fault ; yet the sin of the action may be great , as to the enormity or aberration from the rule of eternal truth and justice . as that of paul was when he persecuted and blasphemed the christian religion , being verily perswaded that he ought so to do , against that way . so others should think they did god good service , while they killed christs disciples . a conscience thus erring , falls into the snare or dilemma of the devil : if it act according to its error , it sins materially against the intrinsecal justice and truth of god and his holy will , ( the conformity to which is the measure of moral good and holiness : ) if it act contrary to its appearing principles , it sins formally and maliciously , as wilfully rebelling against the supposed will of god. so much it concerns every christian to be fully informed of that divine truth and light , which alone shews the right and good way : else they will easily be brought to call evil good , and good evil , to call light darkness , and darkness light ; to be over-righteous , by adding to the commands of god , or over-wicked , by making or esteeming themselves sinners , when indeed they are not so : either negatively superstitious , in abstaining from that as sin which is no sin ; or affirmatively superstitious , in counting that a duty which is not so . both are injurious usurpations upon the soveraignty of god , whose scepter is infallible truth , as his sword is just and irresistible power . so dangerous are erroneous fears , where no fear is ; or presumptuous confidences , where is no divine permission . men must not set up the idols of their own imaginations in gods place ; nor may they be falsaries , or forgers of that coyne , which as to duty is only then currant when it hath not only good metal , but also the clear stamp of gods express will on it . the mint of humane fancies , either melancholy and timorous , or pragmatick and adventurous , is but an adulteration of religion , and a kind of stuprating of conscience . the will of god , which is clear either in right reason or true scripture-demonstration , is sufficient to make the man of god perfect to every good word and work , without any additions or detractions , which are but as the wens or witherings , the excrescencies or deficiencies of mens extravagant minds and actions ; so far from advancing the peace of conscience or the honour of true religion , that they debase and deforme both of them . as no laws of men contrary to gods word are to be actively obeyed ; so laws of men which are not contrary to right reason and scripture must not be disobeyed , but conscientiously observed for the lords sake , pet. . . rom. . . in whose wisdom and authority such laws are made and executed . the contrary will not only trouble the publick peace , but that also of a mans own soul , at least , when after the vain flashes of light kindled from the sparks of their private fancies , they shall lie down in darkness as to their comfort and reward from god , whose judgment is according to righteousness and truth . secondly , i cannot but commend the quakers for their declared esteem in this of the authority of the holy scripture , as the rule of faith and holy life . for as by their instances alledged out of scripture they profess a fear to sin against the commands there given by christ against swearing : so i may charitably presume ▪ however they are by many suspected to slight the scriptures , and fly to inspirations or lights within them ) that they will be no less strict in doing what therein is required of them , as to truths to be believed , mysteries to be celebrated , and duties to be done to god and man. the only caution that here must be given them is , to take heed that they do not wrest the scriptures ( pel. . . ) by their ignorant and unstable minds ; that they believe not every spirit , or seeming and partial allegation of scripture ; since the devil oft feathers his temptations and fiery darts ( as against christ , mat. . ) with scriptural citations partially and preposterously applied . not the letter in its abruptness or nakedness of sense must be swallowed presently , but the mind of god must be searched out in the scope and end also , in the manner and emphasis of what is expressed . scripture is indeed sufficient for the substance of all necessary truths to be believed , and duties to be done , or left undone ; but it doth not stretch it selfe to the instances of every particular circumstance or ceremony , which private prudence or publick laws may regulate , according to order and decency , to edification . nor is scripture to be well understood in retaile ( that is ) by single places , taken apart by themselves , but in whole-sale , by the proportion of faith , the analogous or concurrent sense , which is made up or twisted from many places . many things in some scriptures are expressed darkly , metaphorically , figuratively , parabolically , comparatively , by way of allusion , in metonymies , synecdoches , ironies , and hyperboles , in vniversalities , which are limited to the subject intended . many popular expressions have special regard to particular times , places , persons , customs and usages ; and must be so taken , as temporary and occasional . these must have commodious interpretations , consonant to that grand tenour of gods word , which as the life and spirit runs through all the parts of it , but resides most eminently in some places , ( as the soul in the brain or heart ) which are as the essential , vital , integral and principal parts of scripture ; the main standards and measure of all others , and of true religion , both as to morals and evangelicals , mysteries to be believed , and duties to be performed . unless we observe these prudentials in searching the mind of god , and taking the true meaning of the scriptures , we shall ( as saint austin observes ) draw poyson with spiders from those sweet flowers which would afford us honey . a depraved and private interpretation is the corruption , wrack & torture of scripture , whose every line is as the sun-beams , light and straight of it self ; but erroneous minds , like glasses of refraction , or false mediums , pervert them from their simplicity to their own destruction , as s. peter speaks . it were endless to enumerate those places of scripture which have either more or less , or something other in their meaning and design , then the letter seems to hold forth in the bare words of it . extraordinary commands , as to abraham for sacrificing his son isaac , to the israelites to rob , by way of borrowing , and recompense the egyptians ; the heroick impulses and actions of others , as moses , phineas , elias , and sampson ; commands to do things less comely and honest , either in a reality , or in a vision and representation , as hosea's marrying an harlot ; the faults or failings of others , which were holy men as to their integritie , barely recorded , but not there blamed , as rebecca's and jacob's supplanting by a lye and fraud ; the officious lyes of the midwives , rahab and others , david's feigning himselfe mad ; the equivocations and dissimulations of others ; these and such like , that have any thing in them which seems or is contrary to the constant rule of morality , piety , sanctity , honesty and veracity , must be salved by such an interpretation , and taken in such a sense , as may no way bring them into an ordinary rule or imitable example , contrary to the express and constant command of god in his word , which is never to be allayed by the mixtures of humane passions , frailties and infirmities . so in things that are preceptive , either enjoyning or forbidding , by way of proverbial speaking , the meaning must not be stretched on the tenter or rack of the letter ; but as we gather some fruit that grow with thick shells , only to gaine the small kernels in them , so in these , no more is to be collected from the letter then what may have due regard to the design and scope of the speaker . so in the fifth , sixth , and seventh chapters of saint matthew , christs sermon in the mount hath many such expressions : as of anointing the head & face in fasting ; pulling out the right eye , and cutting off the right hand ; giving to them that ask ; to sell all and give to the poor ; to turn the other cheek to the smiters . these do not run christians upon maiming and deforming their bodies , or expose them to poverty and stupidity ; but only they teach them to bear with patience repeated injuries , rather then be put beyond the bounds of christian patience and charity ; and to sustain any outward difficulties , rather then inward enormities of lust or covetousness , and the like . so not to lay up treasure on earth ; to take no thought for their life , or care for to morrow ; labour not for the meat that perisheth , &c. joh. . . to call no man father or master on earth mat. . . not to salute any man by the way , luk. . . not to put on costly rayment or jewels , &c. pet. . . so hosea . . i will have mercy , and not sacrifice : so , rent your hearts , and not your garments , joel . . who hath required these things at your hands ? isa . . , , . viz. in this hypocritical fashion . these seeming negatives , are not absolutely but comparatively spoken , to such a degree of love or care , or fear , reverence and duty , as are due to gods great commands and chief designs , which must be the main biass of mens affections and obediential actions , as most intent to moralitie , and not to content themselves with emptie formalities . so in ironical assentings , or seeming concessions , which are the sharpest prohibitions and reproches : as , fill ye up then the measure of your fathers ; he that is filthy let him be filthy still , and he that is unjust be unjust still . these are not spoken in a flat and plain way , but in such a dialect and emphasis of familiar oratory as the times and country did well understand , to signifie other then the words sounded , either more or less . and it had been a very ridiculous childishness to have urged the letter in its syllabical appearance , and against its rational meaning ; which ( as s. austin long ago observed ) must never be so put upon the biass of the bare words , as to sway or swerve them contrary to that divine verity , morality and sanctity which shines most clearly in other places , and whose light must be brought to enlighten those that are more involved and obscured , by reason of some proper phrase or idiotisme of expressing things after the manner of men in those times : else many things spoken even of god , and by god himself , and holy men after the manner of men , as seeing , hearing , smelling , being injured , angry , and repenting , &c. will be as blasphemies and irreconcilable ( as both jewish rabbins and christian doctors observe ) to his essential attributes and immutable perfections . here the words look to the appearance ( as when angels are called young men , mark . . joh. . . luk. . . ) but the sense must look to the essence and reality . men will make as mad work of scripture as hogs will do with gardens and fields , when in stead of orderly plowing and sowing , that we may reap a fair and fruitful harvest , we inordinately and rashly root up all things by a confused rudeness , which ends either in barrenness , or in briars and thorns , endless janglings and perplexities . what long and sad contentions have the papists made in the western churches the last . years , by rigidly urging those words of consecration in the lords supper to a literal severity , making the bread after consecration so much christs body substantially and not sacramentally , which all good christians believe ) that there remains no more natural substance of the bread , but only under the accidents of bread , the sole and entire substance of christs body ; the same which is at once in heaven and in every place where this sacrament is celebrated , yea in every crum of it ? by which superseraphick opinion , faith must not only forsake the senses and look above them , but flatly deny and contradict them , in every verdict which they give of their proper objects , according to experience and right reason , which are a part of the creators light to mankind . and all this by a magisterial , novel and seraphick severity , beyond the judgement of the ancient churches , is imposed by pressing the ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) rigid letter of the words in that part of the blessed sacrament , and allowing no metonymy or symbolical speaking , which is so frequent in scripture-mysteries , and sacred correspondencies between the signs and things signified ( as the lamb is called the passeover , and christ our passeover , and the rock , vine , dove , &c. ) while yet in the other part of the same sacrament they are forced to subdue and soften the words to their due sense by such metonymues and tropes as must make the cup to signifie or mean the wine , and the cup or wine to signifie the new testament in christs blood. certainly , as in such expressions which christ there useth , and which we read in other scriptures of parallel sense , to set forth divine mysteries ( by their adapted signs and symbols , or emblems and seals ) there must be believed something more sublime in them then the narrowness of the words , or perhaps the hearts of men in this world can fully comprehend ; so , to be sure , nothing is by scripture imposed upon us to be believed which is flatly contradictive to right reason , and the suffrages of all our senses , and to the analogy of faith in the scriptures . but here the meaning of the words must be measured by semblable places and like expressions , which are not wanting in the scriptures ; and yet are not so wrested by any christians that are masters of sense , reason , and true religion , who do not cease by believing to be rational creatures , or to be men by being christians . if the quakers will fairly admit such cautions and limitations as they do to other places , in the interpreting these scriptures which they chiefly alledge to justifie their denial of all swearing whatever , i shall not doubt to reconcile them to my sense of them , nor shall i grudge to give them this second commendation , for their due regard to scripture as the sure and sufficient rule of a christians actions for the main and substance of them . but these scriptures must be duly examined , exactly weighed , and aptly reduced to that standard of truth which is most constant and clear in both morals & fiducials . thirdly , yea , i shall adde a third ( commendation of these quakers ( who shall rise in judgement at the last day against many of those that speak much against them ) for this , that they seem to have so great a fear of an oath , that out of a jealousie of swearing amiss , they will not swear at all . although they are superstitious in the degree of their fear ( which i shall prove to be not justly grounded on the words they alledge , ) yet no good man can blame them to have , as god commands , a just abhorrence of the sin of profane , easie , trivial , familiar , false and inconsiderate swearing , for which the land mourneth , jer. . . which so disposeth men ( as saint austin sayes ) to false swearing and gross perjury ; which are sins of the first magnitude . nor can indeed much credit be given ( any more then to a lyar ) to any man that swears never so solemnly and in judicature , who is a common swearer , and hath no reverence either of the majesty of god or the sacredness of an oath . i formerly observed the great dread and just horror of all swearing , ( even that which the laws required ) wherewith the poor . quakers might easily be scared and possessed in those barbarous times of their first breeding , when so many lawful * oaths were despised and impudently violated ; nay when perjury and rebellion were adopted to the family of religion , and voted for reformation ; when men were grown so preposterously zealous for god , that they would both lye and forswear to advance his interest and kingdom ( as they pretended ) in the world ; till themselve● beca●e as sodom and gomorrah , the abhorrence and abomination of all people of common honesty , who saw the land not only defiled with innocent blood , but most sadly mourning under the burden of such prodigious swearings and hypocritical forswearings , as were not only vulgar and trivial , but solemn and authoritative . it was and is well done of the quakers to be wary of such swearing , because the brands of perjury ( as the devils stigmatizings ) are among the marks of fin hardliest to be wiped off or worne out , without a wound and scar on the conscience , no less then the credit and reputation of a christian . but yet i cannot consent to them , nor commend them , for their being righteous over-much , by their absolutely denying and condemning , as sinful , the solemn , sacred and judicial manner of swearing required by the laws of this kingdom , and allowed by this and all other christian and reformed churches : in which oaths either the recognition of a known truth , or the agnition of a right , or the profession of a loyal duty , or a sure testimony in matter of fact , are required both in allegiance to the prince , and in justice and charity to our neighbours , for the trial of doubtful cases , and determining of them in judgement , righteousness and truth , as with least error in themselves , so with most reverence and fear of god , the fountain of justice , truth , order and peace ( whose the judgment , power , and authority is ; ) also with most security to the publick peace and welfare , which are bound up in the due execution of justice and lastly , to the most satisfaction of all men , who can desire or expect no higher appeal or attestation , then the omniscience and omnipotence of the judge of all the earth , called as a witness upon their souls . these grand and publick concerns , in which gods glory and the good of man-kind are involved and carried on by the sacred solemnity of publick and legal oaths , as they do command a great strictness and conscientious cautiousness in all such swearing , so they do , upon scriptural , moral , and political grounds , sufficiently justifie the use of that swearing which they thus require , and which without this method of religio●s justice cannot be obtained in the now inveterate wickedness and degeneracy of humane nature : for a 〈◊〉 and remedy to which good laws are appointed , and these executed with that equity , sanctity and solemnity , which at once befits both men and christians ; that is , persons related and responsible not only to humane society and authority , but owners of , and appealers to , divine justice and vengeance : of whose last great and dreadful tribunal our little courts of justice and judicial proceedings on earth are previous emblems and forerunners . for the preserving and asserting these great and good ends is that law now enacted against the errors and obstinacies of the quakers ; seeking by just penalties to remove those obstructions which their contrary declared principles and avowed practises endeavour to put upon all judicial proceedings ; yea , and to shake that mutual security which both king and subjects have by the enterchange of their respective oaths to each other , in the name of the blessed god. these good & necessary ends do justifie the severity of those means which the wisdom of the parliament applies , consonant to gods word : nor may any subjects complain , since , as the law is imposed by all estates , so upon all sorts of people without respect of persons : nor can any nation be thought cruel to it selfe , or to inflict too severe punishments on it self , when not only the regard to the personal offence , but the care and caution for the publick welfare and indemnity is the measure of such penalties inflicted . against all this the quakers plead their consciences , which they say will not permit them in any case to swear . the ground of this their consciencious resolution of not swearing , lest they should sin , is produced , as appears by their papers , from those too pregnant places , mat. . . where our saviour citing the old law from exod. . . lev. . . & deu. . . as allowed by the jews , commanding them to swear only by the name of the lord ; and in those cases not to forswear themselves , but to perform their oaths to the lord ; adds by way of reformation , but i say unto you , swear not at all : and saint james . . where the apostle to the same sense and words repeats the command of christ , above all things , my brethren , swear not at all . both places indeed seem at first sight point-blanck ( as some commentators observe ) to forbid all manner of swearing among christians , both have emphaticall or vehement words . the first , christs authority , reforming not only the pharisaick corruptions of the times , but even the mosaick indulgences in some things , which were rather not de●●ed for the hardness of the jews hearts , then positively granted : i say unto you , swear not at all ; that is , not by those oaths in which you make now no scruple to swear and forswear . so the apostle saint james , writing to the dispersed jewes ; above all things , my brethren , swear not : evidently referring to the words of our saviour , and the same ends . nor are the fears and scruples of the quakers in point of swearing to be wholly despised ; when they have two such notable texts in their way , which seem to stand , as the angel of the lord against balaam , with a sword in their hand to stop the way of any swearing whatsoever . both texts are allowed on all hands , as the word of god ; all are agreed that the words are a divine and strict prohibition against the sin of swearing ; and therefore in all charity the words ought to be cleared , and their scruples removed . the questions about the interpretation , scope , and meaning of the words are : . whether all swearing be utterly forbidden , because it is and ever was in its nature a sin against morality . . or whether all swearing is therefore now a sin , because thus forbidden by a positive law of christ under the gospel . . or whether only some sort of swearing , which is a sin , is forbidden , but not such swearing as is no sin , but rather an act of special veneration , or sanctifying gods name , also an act of justice and charity to our neighbours or our selves . as to the first question , whether all swearing be now by christ forbidden , because it is and ever was in its nature a sin against morality , that is , against the eternal rectitude and goodness of the divine nature and will : i suppose the quakers are not herein positive ; nor dare they condemn as morally and alwayes evil , all swearing by the name of the most high god. for which practise of old among the jews we have not only so many precedents or examples of holy men , approved by god , as abraham , jacob , david , and others , ( yea and the example of god himself ( as i shall after instance in ) swearing by himself , as the high and holy one , whose supream power and inimitable excellency is the highest asseveration or ascertaining of what is so spoken , either to win us to belief , or to strike us with terror , leaving men without excuse , if being so happy as to have the oath of god to assure them of a truth , yet they will not believe god , no not swearing for their sake , as tertullian speaks ) but also we have express commands of god : first , that great one in the decalogue , where the negative , of not taking gods name in vain , or falsly , doth include the assirmative , of using the name of god in thinking or meditating , in reading and writing , in speaking , praying , blessing , praising , promising or attesting , vowing or swearing , with due reverence and adoration to his divine majesty , which is intimated by his holy name , as the summary of all his attributes . and agreeable to this great command are those many other places so frequent in the old testament , which command the people of god to swear only by his name , deut. . . and this in righteousness , judgement , and truth , jer. . . of which i shall after give more particular account , when i prove that moral , divine and eternal good which is in lawful swearing . hence gods frequent reproof , threatning and punishing with a curse , not all men that did swear , but only such as sware falsly , either as to their present judgements and intentions , or as to their after violating of their oaths , to the pro●aning of the name of god ; yea , and those who by trivial , light , and inconsiderate swearing , took the name of god in vain , having no reverence to his majesty when they made mention of his name with their lips : lastly , those that sware , though truly , by false gods , as baal , or by any creature , as if it were to them in stead of god. this then i suppose is so clear , even to the sillicst and most scrupulous quakers , that they cannot doubt of the lawfulness of swearing lawfully among the jews , not only as permitted , but commanded . nay ( perhaps ) they will grant that a christian in some cases may give his oath to an heathen prince , or others of different religion from christianity , when in cases of safety , or ransome , or life , or other great concerns , they may be thereto required of them , and will by no other way be satisfied : it being a principle of natural divinity bred in the hearts of all mankind , that the invocation , attestation and adjuration in the name of the god which they respectively own , is the greatest assurance which can be given or desired ; as i shall make to appear afterward , when i come to shew the consent and practise of nations as to deciding of controversies by swearing . the scruple then lies only upon these prohibitions in the gospel given by christ and the apostle saint iames ; forbidding absolutely ( as they suppose ) all swearing , at least among christians , whatever was used or indulged among the iewes ( as were revenge , polygamy and divorces , and other political dispensations , for the uncharitableness , wantonness and hardness of their hearts ) christ , as they presume , restoring the communication of christians both publick and private to that integrity of mind , simplicity of speech and sanctity of manners , which may deserve of one another as much credit as if they sware ; according to that strictness which the esseni among the iewes used , whose word was , as sure as an oath . so that they say , we may not in charity either exact of our brethren , or give to them any oath ; since they deserve to be believed upon the same terms which they believe others , that is , their bare yea or nay , simple affirmings or denyings , without any swearing ; which they think an old iudaick superfluity of speech now circumcised , and precisely cut off from the lips of christians : no man deserving to be believed on his oath , who hath lost by lying the credit of his bare word ; nor any man deserving to be confirmed by any honest mans oath , who hath not the charity and humanity to believe him without it . and certainly the affairs of christians , both publick and private , would be no less to their honour and ease , if there were in no case any need or use of any oaths or swearing ; but such an authentick veracity and just credulity on all sides , as might well spare even the most true , sincere and lawful oaths , keeping on all sides as great a distance from lying as from false swearing . and certainly as these two , true speaking and true swearing , are near of kind , of the same father , god , and the same mother , an honest and veracious heart ; so the other two , lying and false-swearing , are progenies of the same parentage , of their father the devil , and from a persidious heart . perjury and lying are of the same web or spinning ; only the first hath the stronger twist , and the deeper dye or tincture of hell , being more the devils colour and in gram . the eutopian desire and aim of these quakers is not to be found fault with , if it were feisable . yea , it were to be wished that the evils of mens hearts and manners , the jealousies and distrusts , the dissimulations and frauds of many christians , their uncharitableness , unsatisfactions and insecurities , were not such , as by their diseases do make these applications of solemn oaths and judicial swearings necessary ; not absolutely , and morally , or preceptively ( as the schoole-men note well ) but by way of consequence and remedy ; as good new laws are necessary for the curb or cure of new evils in polities and kingdoms . possibly as christians ( truly such ) we should need no swearings in publick or private : but as men , weak and unworthy , we cannot well be without such oaths to end controversies , and to secure , as much as man can do , the exact proceedings of justice . if it do appear that all swearing is absolutely by our lord christ forbidden to his disciples , god forbid we should not obey his word , and rather change the laws of man , then violate his commands , to whom we christians owe the highest love , loyalty and obedience . but if it shall appear to religious reason , that the words of christ do not import any such absolute forbidding of all use of swearing , but by the scope of them and the analogy of scripture they have another true interpretation and limited meaning , we must not be so much slaves to the letter , as to lead truth and reason captive , or to deprive our selves of that religious liberty which is left us , and so is not only lawful for christians to use , but in some cases it may be prudentially necessary , as to the expediences of mens jealousies , lives , liberties , estates , and good names , even in private ; much more in the dispensations of justice to the publick peace , and general satisfaction of whole polities and communities , wherein men live socially , under law and government . the controversie therefore which is risen between the quakers and almost all other christians will come into this narrow room . . not whether a christian may swear vainly and rashly , by a spontaneous and occasional easiness , either promising or asserting , although it be a truth , and by the true god , but without reverence to god , and in matters of so little , yea no importance or difficulty , as neither deserve , nor need , nor require an oath . to this we all agree with the quakers , christs words condemning all such profane and trivial swearing ; much more if it be in fraud and falsitie , which makes such oaths , as the coyn of an usurper , which is false metal and stamp too , a complicated sin , and one of the strongest chains of darkness which the devil and a mans own lusts hamper the soule withal . . not is it any question whether christians may swear in any case by any creature as such , not relating by it and through it to god above all , who is the alpha and omega , the center and circumference of all things , from whom they have their being , and in whom is the idea or prototype of all their perfections . to terminate an oath in a creature , is to put the stamp of divinity on it , to make it an idol in gods stead , and to profane his holy name , by swearing by it as by a false god. the swearing by any creature as such , we all own to be a great sin , according to those instances which our lord christ , and saint iames from his mouth , give us , when they explain their meaning of swear not at all , &c. . nor is it a question whether an oath made by the name of any creature , and in a thing lawful , may yet be broken ; or whether it be a sin to swear falsly by them . all agree , that though the oath be rash , as by a creature , yet it binds in things lawful no less at least to truth and justice then any simple promise ; and it may be something more . here that is true , fieri non debuit , factum valet : like bastards , they should not have been begot , but they must be kept ; unless the matter be sinful , as herod's oath was which beheaded iohn baptist , mat. . . . but the question is , whether those words of christ and the apostle do utterly forbid all swearing in any case whatsoever to all christians ; so that by the law of christ it is a sin to swear , as in private , so in publick transactions , or any courts of judicature , be the matter of the oath never so just and true , and the manner of it never so solemn and sacred , and the authority requiring them never so lawful in civil respects . this the quakers affirm , led thereto , as they profess , meerly by the conscience of that obedience they oweto christ , whose will they say is expresly declared in those words to all his disciples , not to swear at all , in no case , at no time , upon no mans command . nor do they argue any thing further by way of rational deduction , moral grounds , or religious principles , either from the nature of an oath , or from the consent of other scriptures , or from the divine attributes and glory ; but barely insist upon the words , and urge the ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) letter , as an absolute or universal negative , without any limitation or dispensation : so feeding on the rinde or shell of the letter , and gnawing the bone of the bare words , that they never come at the kernel and marrow , or true meaning of them . on the other side , i do deny , in the behalf of my own conscience , and the consentient sense of this church and kingdome , yea , of all christian and reformed churches of any renown , that all swearing is forbidden by those words of christ and his apostle : but that our saviours words are to be understood with such a limited sense and strict interpretation as suited to his scope and design , which was to rectifie popular errors , and remove common abuses in swearing , but not wholly to forbid the use of it in a religious and lawful way . and because it is not sufficient in order to my design ( which is to justifie the legal proceedings of this kingdoms iustice by oaths , and to satisfie the scruples of the quakers ) to oppose my nay to their yea , or to offer the husk and chaff of words void of such reasons as either slow from the nature of all things and all actions as good or evil morally , or from the will of god revealed in the scriptures , which is a treasury of right reason as well as a rule of true religion ; i will endeavour to give those reasons which induce me to believe , that the quakers ( as christ said to the saducees ) do erre not knowing , or not right understanding , the mind of christ in those scriptures , which is not to forbid all swearing , nor such as the just and religious laws of england do require of all under its subjection in some cases . i will not seek to oppress or confound the quakers with the shew of many reasons , as if i would carry the cause by number and not by weight ; but content my self with those few which are most pregnant , plaine , and easie to be understood by them . . reason ; from the occasion of christs and the apostles words , and the scope or end of them , to which his own instances by way of explication of his meaning do best direct us , both as to what he forbids and enjoynes : to some of which the quakers themselves do consent . . reason ; from the moral and religious nature , end and use of oaths , which god had instituted and approved , without any repeal by christ or his apostles . . reason ; from other places of the new testament which give light to these , both by principles granted and suitable examples expressed . to these reasons i will add ( by way of full measure heaped up and running over the concurrent judgement of other christians and churches , ancient and modern , in their interpretation of these words ; with answer to the allegations made from the sayings and manners of some primitive christians . this done , the conclusion will easily follow with great clearness and good authority to all that are truely wise , and have their eyes opened and senses exercised to discerne good and evil . the first reason is from the occasion , scope and end of our saviours words , and so of the apostles . for these , as the biass of all speech , do best discover the speakers mind ; there being no surer way to wrest and pervert scriptures , then to take them abruptly and absolutely , when they have a relative , comparative , or limited sense in the aim and purpose of the speaker . our blessed saviour in this divine sermon on the mount ( of which saint matthew gives us so large an account ) makes it his main aim and scope , first , to set forth those spiritual , heavenly and eternal blessings , which beyond those sensible , earthly and temporary ones ( which were so much of old set before the jews to invite them to obedience of gods laws ) were now to be chiefly regarded by christians , as their peculiar comforts , hopes and rewards under the gospel ; which though attended with many persecutions , yet was not without many blessings peculiar to true believers : from vers . . to vers . . secondly , our saviour gives many singular lessons or precepts of more eminent deligence , patience , charity , mortification , self-denial , sincerity , conspicuity , perseverance and perfection of obedience required now under the gospel , above what either the letter of the mosaick law seemed to exact , or by the pharisaical interpretations were taught to the iewes . so that unless their righteousness did exceed that so popularly admired of the pharisees , they could not enter into the kingdom of heaven , vers . . thirdly , our saviour with much earnestness and exactness applyes in this sermon to reform those abuses , which either by the pharisaical glosses ( either too much loosning or restraining the meaning of gods law ) or by their depraved examples , or by popular custom had prevailed among the iewes , contrary to the true meaning of the moral law of god , and the primitive institution , which gives us the clearest view of the law-givers intention . for the exact observation of which , however by divine indulgence and connivence , or by the hardness and uncharitableness of their own hearts , and the customary depravedness of times and manners , they might seem to have had some temporary dispensation heretofore granted to them , or at least had presumed to take it to themselves ; yet now under the evangelical strictness to which christ came to restore or raise the church , they might not fancy to themselves any such liberty , but were to keep themselves in thought , look , desire , word and deed , to that sanctity and severity which was required by the law , and most conform to the holy will , attributes and nature of that god whom they ought to imitate as their heavenly father in all sacred perfections , which humane nature , assisted by the light of the gospel , the grace of gods spirit , and the visible example of christ , was capable to attain , at least sincerely to aim at and endeavour . so vers . . he tells them that not only wilful murder , or malicious killing , was forbidden , but rash , unreasonable and irreconcilable anger . vers . . that not only adultery , but all lust inordinate after a woman ( that is not in order to marriage , and the honest ends of it ) were so severely forbidden , under pain of hell fire , that it were better to deny those sensual pleasures of the flesh , which seem as dear to men as the delight of their eyes , or the strength of their hands , then to indulge them with the danger of their souls . vers . . so in the case of humorous and lascivious divorces usually given to wives upon no just cause , christ restrains that indulgence only to the case of a wives deserving to be put away , for having broke her conjugal vow and band of matrimony by her adultery . not to instance in many other particulars of abuses which christ reckons up and reforms in that sermon ; ( as touching private revenge , vers . . not publick and vindicative iustice ; so of loving our enemies , vers . . of almes , prayer and fasting , without ostentation , pride or hypocrisie , against immoderate love and care for things of this world , and the like ) the immediately next is this of swearing , vers . , . in which , as in many other things , the iews had much depraved both the true nature and use of oaths . . they pretended indeed ( as philo and iosephus tell us ) a great reverence of the name of god , and seemed to make great conscience of swearing in small matters by the name of the lord , according to the letter of the scripture ; yea , they made scruple to swear at all in any case by ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) the lord liveth . for which the heathens mocked the iewes ; as in that of martial , jura , verpe , per anchialum . these oaths they thought binding ; nor would they in these easily swear or forswear themselves . which regard to their gods was in use among the gravest heathens ; as is observed out of homer : therefore they took any obvious thing to swear by . . but they indulged themselves in other familiar oaths , or forms of common swearing ( as many christians now do ) by whatever came next to their minds or tongues : as by the temple and holy city , by their own or others heads , hands , lives and souls ; so by heaven , and earth , and the light. thus waving the attestation of gods omniscient justice , and the swearing by his name ( as was commanded ) in righteousness , judgement and truth , they put this character of divinity on the creatures , no way competent for them , unless as they are in relation to , depending on , and derived from the blessed god. . these vulgar oaths they used not only in a familiarity and facility of inconsiderate swearing , upon small and light occasions , yea , and in asserting of things not true , as to their knowledge and intention , which was doubly a false swearing ; but in things of weight and concerne , as to that charity , justice , and equity which they owed to others , they chose this way of creature-swearing , both promissory and assertory , because they fancied such oaths , being not with the solemnity of invocating gods name , were not binding upon their souls either as to truth or right ; but they might play with them at fast and loose , according as their own interest or pleasure did sway them . hence as they sware amiss in point of form , so also as to the matter , without any regard in these cases to that command of god against forswearing , and for the performance of oaths to the lord ( which places christ cites , and to which law they professed to adhere , so far only as they used the name of god ; else they dispensed with their oaths , and easily digested even perjury it self . ) upon this occasion , and to reform these gross abuses , our blessed saviour gives this command , swear not at all ; that is , ( as erasmus paraphraseth ) not after those usual , presumptuous and unlawful forms , by the names of creatures , of which he gives so many following instances to express his meaning . for he doth not instance in the lawful use of religious oaths , by the name of the true god , which was not only allowed , but , in such cases as did require an oath , with its due circumstances of judgement , justice and truth , commanded . . he tells them , that even in those oaths which were attested only by the naming of any creature , as by heaven , or earth , or jerusalem , or their head , &c. there was a tacit calling of god to witness , since every creature depends on god , and relates to him as the center and circumference , the source and sea of all things . heaven is gods throne , earth gods foot-stoole , the temple gods sanctuary , jerusalem the city of god , the most eminent place of the great king of heavens residency on earth . . he implyes , that however such various and irregular forms of oaths , by the name of any creature , were as to the manner of them unlawful , yet they obliged men to perform them , if the matter of them were lawful ; nor were they excused from perjury or false-swearing in those cases , if in assertory oaths they sware falsly , or in promissory , either not intending to perform what they so sware , or not after performing them , so far as was in their power . but the yea and nay , the affirmative or negative of such swearing in word , ought to be also yea and nay in the purpose and performance . and although they ought not so to swear , yet having so sworn they were obliged to the moral ends of an oath , which is to make it good in truth and faith. agreeable to the same end and scope , and almost in the same words , saint iames writes to the dispersed christian iewes , who still retained that evil custome of ordinary swearing by the creatures , as heaven and earth , and other such like oathes , without any conscience of the manner or matter , or making good in effect such oaths . the meaning therefore of both places ( as the learned grotius and others observe ) is no more then to take away the ordinary abuse of such swearing , but not that right use which god had allowed and commanded in his word : nor is there more implied in these words , as to the subject matter , then in those , where god complains , that because of swearing the land mourns , hos . . , . that is , by unlawful oaths ; and the curse shall come into the house of the swearer , zach. . . that is , such as use idle , false , and forbidden swearing , zach. . . not those who swear as they might do by the name of the lord in righteousness , judgement and truth , which god no where reproves . as if one should inveigh against drinking and feasting , and singing , and danoing and dalliance , there where the usual viot , excess and wantonness of any people had generally run these things to an inordinacy ; which doth no way condemn the sober , modest and seasonable use of them . that this thus limited sense of christs words against the abuse of swearing , so familiar among the iewes , was christs meaning in the negative part of his words , appears by the affirmative part of them , which the quakers themselves will , i suppose , confess must not be taken in an exclusive latitude , or such a broad universality of command , as enjoynes us to use no other words in any communication by way of affirming or denying any thing , but only yea , yea , and nay , nay . which words the quakers so much affect to use , as if they would fancy themselves literally or verbally tied to those monosyllables , and those to be repeated in all their assertions or promises : yet none of them in case of more full declaring their assent or dissent upon any matter , do seruple to use such paraphrases or enlargements of speech as the matter or the parties understanding or diffidence may require . for if they would keep all their communication to those precise words , yea , yea , nay , nay , they would be no less obstructive to civil and private conversation , then they seek to be to judicial proceedings by their refusing at all to swear . doubtless our saviours own larger expressing of himselfe in many cases , by such periphrases or commentaries of words as amount to affirmations or negations ( besides and beyond the bare terms of yea , yea , and nay , nay ) do abundantly justifie ( together with the practise of all the apostles ) that these proverbial phrases or epitomes of speech here commanded under the words of yea and nay , do only import that plainness or simplicity of christians meaning and doing as may be consonant to their words , in truth and honesty , without fraud or falsity in common speech : not at all forbidding either more ample expressions of their sense in private converses , nor yet forbidding such religious and judicious use of swearing in great and publick matters , as are necessary to carry on humane affairs with iustice and peace ; but only such false , frivolous and fraudulent oaths , as for the matter , manner and meaning are by the law of god , by all right reason and religion prohibited ; and which then were so familiarly used and abused by the iewes , upon those presumptions and dispensations which they had taken up . as then the affirmative part of christs words are not to be understood literally , as a confining of all christians communication to yea and nay , but only to that truth and honesty of mind , intent and action which christ aimes at , and beyond which whatever is of fraud and falsity is from evil in mens hearts : so as to the negation of swearing not at all , it cannot in reason or religion be extended further then that swearing which is from evil , and tends to evil ; not that which is from good , and tends to good ; namely , the veneration of god , and love of truth and iustice , which are not from the evil one , the devil , nor from evil principles in men , nor for evil designs . as for that absolute and universal negative which they urge from the words of christ , of not swearing at all , nothing is more clear and usual in scripture then to confine the meaning of such generals to the particular subject and scope intended , as i formerly shewed in many instances out of the holy scriptures : but yet further to clear this truth from the most short and exact way of the scripture-style , which is in the commands of the decalogue , in the second command we are forbidden to make to our selves any graven image or similitude of creatures in the way of worship or religion : yet we read , that moses in the tabernacle made the cherubins ; so did solomon several images of flowers and beasts in the temple , and for his throne , and without sinne . so in the fourth command , all manner of work is forbidden on the sabbath day : yet the intent is only against ordinary works of our civil callings , not against works of religion , or decency , or charity , or necessity ; against which the pharisaical rigor and severity had stretched the letter of the law beyond the meaning : as our saviour convinceth them , mat. . mark . . luk. . . in the sixth command , thou shalt not kill , the putting men to death in just and legal wayes , or in self-defense , is not forbidden , but only as to private revenge and malice . so the tenth command , thou shalt not covet any thing that is thy neighbours , is to be understood only of an * evil and injurious coveting of what is our neighbours ; but not of such a desire as is commensurate to justice and charity , which desires , in honest wayes of buying or exchanging , to get those things which our want requires , and our neighbours sufficiency willingly affords us : else we must always want , but never wish , or fairly endeavour for supply , by those wayes of commutative justice , which by mutual necessities invite men to society . such commodious interpretations of scriptures are as necessary to attain their true meaning , as the contrary wrestings of them upon a bare letter are pernicious to all reason , justice and true religion ; and indeed contrary to the very word of the law , and the intent of the law-giver : else what shall we make of that seeming contradiction , jer. . . i spake not to your fathers , nor commanded them in the day i brought them out of egypt , concerning burnt-offerings , &c. but this thing i i commanded them , obey my voice , &c. here the principal intention of god must give the interpretation , and take away the contradiction . nor are affirmative places of scripture to be many times less limited from their seeming latitude , indefiniteness and universality . as , all things are yours , takes not away meum and tuum , the properties of christians , as to what they have by private right and possession . so , all things are lawful , must not be stretched to any immoral licentiousness ; but confined to such things as are by no word of god forbidden , but left in an indifferency , and to be used as reason and religion requires , or the moral end of all things doth permit . so , i please all men in all things . so , to the pure all things are pure ; the meaning must not be , after the manichean and familistical imagination , as if such as are pure might do or use any thing , even to those mixtures which are morally impure or sinful ; for these are alwayes and at all times forbidden to all men , who may not fancy that pure which god hath marked with the brand of sinful impurity ; nor may they count that sinfully impure on which god hath set no such stamp , ●y any law forbidding it . if scriptures ( as i have largely shewed ) must be understood only by the bark or shell of words , and not by the kernel and intent , we shall make those expressions to be approbations which are the sharpest reproofes and prohibitions , yet by way of irony and seeming concession . as eccl. . . rejoyce , o young man , in thy youth ; walk in the wayes of thine heart and the light of thine eyes . so christs commending the unjust steward doth not import his justifying of his 〈◊〉 , but of that prudence ( though sinister ) which he shewed to preserve himself from temporal extremities : the more to reproach the improvidence , negligence and supineness of those who will not use honest means for their eternal preservation . it were easie by many more parallel instances ( besides those i for merly gave ) to ▪ manifest to the quakers , or any men ( not wilfully shutting their eyes against that light of reason and religion which shines in the scriptures ) that since the holy oracles of god are spoken or written for the instruction of men , and in such a familiar style or mode of speech as was used among men in the several times , languages and occasions of writing them , which the hearers or readers then easily understood ; it cannot be any part of religion so to urge any letter , phrase or form of speech , as to swerve the sense of words from the evident scope , intent or end of the speaker , which is gathered both from the rise or occasion and end why he spake , and any additional instances which are oft given as explications and special marks or boundaries of the speakers meaning ; which are here evident . for the jewes were not blamable for swearing by the name of the true god , as by the law and prophets they were commanded , in righteousness , judgement and truth , ( nay they even superstitiously waved this kind of swearing ) but for their new and customary forms of swearing by the creature , and fancying it no forswearing themselves in case they were false , either in intention or execution . this being the usual and almost only swearing in fashion among them , it is no wonder that our saviour aiming only at this , gives such a prohibition of swear not at all ; that is , not at all for matter or manner as you have accustomed your selves to swear , contrary to , or beyond what god allowes in his law : which was the thing i was to prove . . my second reason to prove that our saviour and the apostle do not forbid all swearing , with its due reverence and integrity , is from the moral nature , end and use of an oath . first , by the light of reason , and principles of innate divinity ( yet unextinguished in the heart of man-kind ) it hath ever been and still is owned and used as a special part of religion , a solemn agnition of the divine being and attributes , in omniscience , justice and power ; which all men attest , as believing that none can escape that witness and judge of all things . thus egyptians , scythians , persians , greeks , romans , and all nations that had any thing civil and religious among them , have used some form of swearing by their respective deities , as a special honour and appeal to their soveraignty ; as the only means in cases dubious to give satisfaction , gain credit , and make men assured of the veracity and honesty of the speaker , in their promises and testimonies , in their leagues and contracts . and however the noblest and wisest of the heathens required no less veracity and certainty in the bare words then oathes of men ; yet they highly distinguished between swearing and forswearing , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ) this last they thought a great sin , and to be punished by the gods ; if either they meant not as they sware , or performed not what they had justly sworn : yea , and they oft brought in their gods , and jupiter himselfe as chief , swearing . polybius observes , that in the better and simpler ages of the world oathes were seldom used in judicatures : but after that perfidy and lying encreased , the use of oathes encreased , as the only remedy meet to restrain those mischiefs ; that where men could not see or be sure , the omniscience and vengeance of god should be invocated on mens consciences , which none could elude or escape . hierocles also tells us , that men ought not to swear but for great and necessary ends , which cannot otherwaies be obtained . but where the end was good , and this a necessary means , there they thought agreeable to true reason and religion , that swearing was a lawful means . secondly , god himself , the great patern of all holiness and perfection , would not have given so many express commands and regulations concerning swearing , if all swearing had in its nature been morally and so eternally evil . the moral precept is exod. . . thou shalt not take the name of the lord thy god in vain , or upon falsity : which imports a lawful use of gods name ; as is explained l●● . . . ye shall not swear by my name falsly , nor shalt thou profane the name of the lord thy god. which sense is further cleared , deut. . . thou shalt fear the lord thy god and serve him , and shalt swear by his name : which is repeated deut. . . so of vowing by an oath to god num. . . deu . . so is . . . to me every tongu● shall swear . so again , isa . . . he that sweareth in the earth shall swear by the god of truth . jer. . . and thou shalt swear , the lord liveth , in truth , in judgement and in righteousness , i. e. to what we know to be and just . nor doth the lord ever by the prophets condemn the jewes for swearing simply and sincerely , but only for vain , false , perfidious , and perjurious swearing ; as he doth zedekiah , for despising the oath he had given to king nebuchadnezzar . answerably we read the unblamed practise of many holy men , abraham , jacob , joshua , david , and others , who themselves sware , and exacted oathes and adjured others , without any sin or offence , in such serious and weighty cases which the law of god , right reason , iustice and charity did permit or require . among the iewes all publick testimonies were ratified by an oath , as buxtorse , drusius , and others observe , who write of the civil administrations of iustice among them . yea , we find ( as i formerly touched ) the lord himself confirming this by his own great and most holy example , * swearing more then once by himselfe , by his own life and great name , to create credit , and give confirmation to what he saith . if then , from all these premisses it be clear , that some swearing is morally lawful , as an act extraordinary of religion , a high glorifying of god by appeal to him , agreeable to the express law of god , even in the third commandment , in which we are not only forbidden to profane the name of god , but the affirmative is also included , of sanctifying his name by all ways of praying , praising , vowing and swearing , as he allowes us ; if in doing thus upon just occasion , private or publick ( in a lawful manner ) we sin not against any moral law of prety , iustice or charity ; it must undeniably follow , that christ did not by this procept evangelical forbid or annul the old law , as to the sanctity and morality of an oath , but only take away the corruption and abuse : it being no design of our lord to do so , as he expresly assures the iewes , to take off their jealousies and prejudices in this kind , that he came not to destroy or diminish , but fulfill the law ( moral . ) however he came in the way of fulfilling to abrogate the ceremonial , yea and the politick laws too , so far as they were peculiar to the jewish polity in church and state. this speech of christ being the key which opens his meaning in all his following emendations of iudaick pravities , and in all the constitutions of evangelical rectitudes ; it must needs be preposterous to contradict so clear and emphatick , a scripture , in order to fix such an interpretation on these places ( at which the quakers now stumble ) as is only conform to their own fancy , but contrary to the evident tenour of both law and gospel , in this particular of lawful swearing , in lawful cases and manner , which was a part of that moral law which christ signally tells them he did not come , or ever intended , to abolish , but to maintain , so far as the love of god and our neighbour are great accomplishments of all laws ; to both which religious swearing is most conform , it being to gods glory and our neighbours good . there is no danger then of doing hurt to our own consciences , any more then in serious affirmations or negations ; an oath having onely the attestation of god to it , who is witness of all we say and doe . . the third reason for the limiting these words of christ against some , but not all kind of swearing under the gospel , is from those after-evidences in the gospel , which sufficiently clear the meaning of our saviour . first , his own frequent asseverations , amen , amen , are by many esteemed as a solemn form of assertion , next degree to swearing , by attestation of the truth of god upon the certainty of his words . but if this amount not to so much in our saviours form of averring what he uttered ; yet we read in the apostle saint paul's writings more then once , not only attestations , but obtestations and adjurations of others , as saint austin observes , even to the very form of swearing . rom. . . god is my witness , &c. gal. . . behold , before god i lye not . cor. . . i protest by your rejoycing ; which hath the very form of common oathes among the greeks : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , per iovem . cor. . . the god and father of our lord iesus christ , who is blessed for evermore , knoweth that i lye not . tim. . . i charge thee before god and the lord iesus christ , &c. as a ground to justifie his own practise in things weighty and of great concern to gods glory , the vindicating of his own fidelity , and the inducing others to beliefe , in cases that cannot otherwise be so fully cleared , decided and confirmed to them ; this great apostle , who well knew his masters meaning , tells us , that , * an oath ( not was , but ) is among men for an end of all controversie or strife : and therefore men swear by god , as greater then themselves , and all creatures whatsoever : intimating , that the sanctity and validity of an oath still remains in use under the gospel , as among all men , where the matter , form and ends required by the moral law , and immutable principles of piety , iustice and charity , are duly observed . nor doth the apostle there or any where intimate that this former liberty of swearing by the law of god among the iewes was abrogated under the gospel , as if christians might not swear in any case : which had been so necessary a lesson , as none more in practicks ; considering that all those civilized nations where he most preached , and to whom he wrote so many epistles , would never have believed all swearing unlawful ; which the light of nature dictated , and the law of god allowed , with due regulation , unless they had some special precept from the apostle , that he had so received it of the lord : which had he written , he had contradicted himself as to his practise , and made himself an offender . but the reproof of christ , and so of the apostle saint james , was peculiar to the corrupt custome among the jewes , to whom christ spake , and the apostle saint james wrote that epistle : especially in promissory oaths , to which the learned gro●ius thinks the words of christ wholly and only relate . to conclude this reason ; we read the angel in the revelation by his example justifying the lawfulness of some swearing , for he is brought in thus , lifting up his hand to heaven , and swearing by him that liveth for ever and ever , &c. after the same manner as the angel in daniel did swear lifting up both his hands to heaven . in which forms we cannot think the holy and good angels would have so solemnly appeared on record in old & new testament , as exemplary to the church and people of god , if the great angel of the covenant , our lord iesus christ , had precisely forbidden all swearing ; either because in its nature morally and utterly unlawful ( which cannot be said without blasphemy , and contradiction to the law of god of old ) or as now become evil and unlawful , because absolutely forbidden by a positive evangelical command , without any moral reason either alledged or imaginable from any nature of sin . which false gloss of christs words cannot be reconciled with the other principles , places and examples , evident and authoritative , in the gospel ; or with that express and signal oracle of christ , which is a salvo for all that is morally good , that he came not to destroy any part or tittle of the law , which had any moral , internal and eternal holiness in it ; as being therefore expressed in his revealed will or word , because it is conform to the glory of gods nature and essence , which all reasonable creatures ought ever to fear , reverence , adore and admire above all things . as those do , who by religious swearing give glory to god , as the supream iudge of all men and things , as the searcher of all hearts , and as the infallible dispenser of iustice . which sacred celebrations of the divine glory and majesty in solemne swearing being no way derogating from gods honour , but highly advancing it in the world , and no way injurious to our selves or others , but advantageous to justice , truth , charity and peace , cannot be looked upon as abolished or forbidden by christ to us christians . fourthly , having thus examined first the occasion and intention of our saviours words , secondly , the moral nature of an oath , thirdly , the evangelical practise ; my fourth and last work is to justifie this limited sense and interpretation of our saviours and the apostles words , which i have given consonant to the practise of the church of england , by the concurrent judgement of other churches , and learned interpreters , both ancient and modern . nor that i think any humane or ecclesiastical authority swayes much , if any thing , with the quakers , who are most-what strangers to all learning , and not much to be moved by any such engine : but only to confute the more evidently their singularity and pertinacy ; also to satisfie others of my countrey-men , that this is no novel interpretation put upon the words of christ and his apostle , whose true meaning the ancient and later churches might without any vanity be thought to understand , as well as any of this new generation . and certainly we may with more modesty appeal to , and acquiesce with conscience in their judgement of places dark and dubious , then listen to any men in later times , who superciliously dissent from them all . doubtless if the catholick church hath been a faithful preserver of the scriptures , it may not be suspected to have been an unfaithful interpreter of them in any main points of faith or of morality , and such as this of sober , serious , reverent and judicial swearing . the primitive christians were not only very cautious of swearing rashly , vainly , falsly ; but if they took any oath , they made such conscience of keeping it , that they would sooner dye , then break it wilfully or basely . indeed , in private conversation christians were then esteemed so strict , exact and cautious of their words in asserting or promising , that there was no need of an oath among them : yea , they so kept up the sanctity and credit of their profession among unbelievers , that it was security enough in all cases to say , christians sum , i am a christian . if any urged them further to any oath , for matter , or manner , or authority unlawful , they repeated this , as the only satisfaction they could give . there needed no more then the veracity of their bare word . they thought it not lawful for them in such cases to swear ; being in this emulators of the * esseni among the jews , of whom iosephus tells us , that their word was as sure as an oath ; and that they avoided not only all forswearing , but all swearing , or that which brought their fidelity in question , and lessened the reputation of their sect. thus christians , that they might not come short of the esseni among the iewes , who would not swear but in judicature , or of any men in this pious severity , especially in abstaining from all unlawful swearing , did keep themselves from all kind of swearing , especially heathenish and idolatrous ; their profession and reputation being test enough to their words : nor did they think any men under heaven were so worthy as christians to make good some of the ancient and soberest heathens dictates in this kind . such as were that of menander , so to avoid evil swearing , as not to swear , though in things just and true . and that of solon , a good man should have that credit , that no man should believe him the more for his swearing ; it being some diminution to his reputation , to be put to swear , or to need an oath to gain credit . diogenes laert. tells us , that the athenians would not suffer xenocrates , a man of great integrity and honour , to take his oath at the altar , as a thing unworthy of his reputation . nor did the romans exact oaths of their chief priests ; indignum credentes , viro tanta sanctimoniae sine juramento non credere . hence we find some of the ancient fathers , as origen , chrysostome , theophylact , oecumenius , hilarie , athanasius , s. jerom , theodoret , lactantius and others , frequently inveighing without any limitation or reserve against christians swearing , as to private conversation : yea and saint austin himself , in his sermon on these words of christ , adviseth to abstain from cesie and ordinary swearing in cases never so true and honest ; lest by wontedness of swearing we get a proneness to swear , even falsly . s. basil commends clinias a famous greek , that he rather suffered a mulct of three talents , then he would save it by swearing , to the loss of his honour ; which he thought caution sufficient for his honesty . not that saint austin held it unlawful for a christian in any case of great and weighty concern solemnly to give oath , as a further ratification of truth and iustice ; yea he asserts it as lawful , and proves it by those instances of the apostle pauls swearing or obtestation in his epistles which i formerly produced . not as if ( faith he ) saint paul had forgot , or were ignorant of the words of christ ; but by his practise he shews us the meaning of them is , only to forbid false and frivolous swearing . as the graver and eminentest of the iewes did not deny oaths of allegiance to herod and their governours ( as iosephus tells us ) so neither did the christians , however the zeal of some of the ancients in their sermons or homilies to the people , wholly cry down all customary and vain swearing , especially according to the wonted forms of heathenish swearing : as by their gods , or emperors , and the like . so polycarpus ( in the first century ) answered the prefect , who promised to dismiss him if he would swear by the fortune of cesar ; but he refused , affirming , i am a christian . in like manner basilides the martyr , when the officers exacted an oath of him , replied ▪ it is not lawful for me being a a christian to swear . so speratus the martyr about the same time denied to swear so , because he knew not what the genius of the emperor meant . tertullian tells us in the second century , that christians would not swear by the genius , or daemon , or fortune of cesar : but by the health or safety of the emperor they did ; because they understood by that , god and the lord christ . and when other christians did in publick cases swear , being required by authority : yet the bishops of the church were not put to swear : as basilius a bishop pleaded for his priviledge , when in the council of chalcedon he was required to give oath ; the sanctity of his life and honour of his order being assurance sufficient for his truth . the christian souldiers , as vegetius tells us , took oath in the name of the father , son , and holy spirit , to obey their commanders , not to desert their colours , and to dye for the common welfare : which was called sacramentum militare , both before and after christianity had prevailed in the empire . and hence the name sacrament came to be applied to christian mysteries , which are special and solemn dedications of them to the true god and saviour . in the nicene council arrius with an oath renounced his heretical opinion . so in the ephesine council it was ordered that nestorius should abjure all heterodox and profane doctrines . in the sixth synod of constantinople , gregorius the librarian made oath ( tactis evangeliis ) upon the bible , that he left the books in the library such as he found them , without any blotting out , or inserting ; which oath i wish the romish expurgators had taken and kept , as to their edition of ancient church-authors , fathers and others . athanasius , who seems and is very zealous against profane and popular swearing , yet in his apology to constantius purges himself by oath from the calumnies cast upon him by impudent persons , citing for his defence the example of s. paul. nor is it any news to read of christian kings and magistrates requiring , and subjects giving their faith by oath , in matters civil , sacred and solemn , when the form of oathes were such as consisted with the truth of christian religion , and the honour of the true god : nor did any canons of the church ever forbid such swearing . indeed while christians lived in persecution , without any protection from the civil indicatories , there can be no examples of their swearing after the heathenish manner . but when christianity and christians came to be wrapped up in the imperial laws , and defended by the supream powers , and were enabled to vindicate their civil rights in judicial proceeding , they did not think that unlawful which god had of old commanded ; which hath a moral , that is , an eternal , good end in it ; as an act of trust and appeal , of agnition and veneration toward god , of justice and satisfaction to man , also of private and publick charity , as the school-men truly observe , for the ending of controversies and taking away of jealousies . only due circumstances were strictly required , according to the word of god , in judgment , righteousness and truth . yea we read , of old , some condemned by the orthodox part of the church ( as s. austin and others tell us ) for this error among others , that they denied all swearing to be lawful . so did the samosat●nians , and some pelagians in syracuse ; so the massilians and euchites ; so in s. bernard's days some of the albigenses : and of later dayes some anabaptists , and now the quakers : whether out of policy and art , or simplicity and ignorance , god knows . it were as needless as endless ( in respect of the quakers satisfaction , who do not value them ) to produce the consonant judgements of modern writers of the reformed churches or the romanists , and the most eminent divines among them ; which may easily be seen in the harmony of their confessions , or in their particular tracts in this subject ( swearing . ) all agreeing , as in just severity against false , idle and profane oathes ; against all perjury , intentional and eventual : so they do all assent to the moral good in a judicious and solemn swearing , with due circumstances , upon just occasions , by lawful call of authority , in cases honest and true ; especially to end controversies , to secure princes , and preserve the common wellfare in iustice and peace . nor do they think that by any positive law of christ all swearing is become now unlawful to christians ( among whom the same end , use , necessity and sanctity of oaths may be and still are to be had , which was once lawful to the jewes , and used in all nations ) but only that kind of evil swearing which then was become customary , and thought either not sinful , or venial . this is , and ever was forbidden , as by the law of god of old , so by the renewed vigor and force of it which christ restored , after it had been so much depraved by the pharisaical presumption and popular profaneness ; which imposed rigors where god had laid none , and affected liberties where god had given none . agreeably , all eminent writers of the greek and roman church , among the learnedest papists , lutherans and calvinists , canonists and cas●ists , as well as those in these british churches , do assert the authority of lawful magistrates to require and impose religious oathes ; and the duty of subjects to obey both god and them in taking them as becomes christians with due reverence to the majesty of god , and with fitting obedience to these commands of superiours , who have their power from god , and are to use it to his glory . nor do they disallow even private and spontaneous attestations of god in weighty matters ; as to quench the fire of jealousie , or to purge away an unjust infamy , or to give some such security as justice and charity may require for our own and others goods : as a sober heathen tells us , to the just condemnation of christians , who in trivial affairs venture to prostitute the sacredness of an oath . and thus i have with greater prolixity then i intended ( my wonted fault and apology ) endeavoured to vindicate the divine and true sense of our saviours words : first , to remove the crying sin of swearing vainly , rashly , irreverently , profanely , falsly , in small or great matters : next , to shew the moral end and religious use of oathes lawful for matter and form ; and particularly those required in judicial proceedings according to the laws and customes of england , both ecclesiastical and civil , or common , agreeable to the word of god , and the judgement of the best christians in all ages . having herein no design , but to give testimony to that truth which i believe , to justifie the sanctity of our lawes , to serve his majesty , and to do the duty of a good subject , a good christian , a good minister of christ , and a good bishop of this church ; dispelling the needless scruples and superstitious fears of these poor people called quakers , shewing them their safe liberty to obey , and how to escape the penalties for disobeying the laws and obstructing justice by refusing lawful oathes . if my paines and charity may be acceptable to those who are now distinguished by the name of quakers or antijurists , or to any of my country-men , to clear their understandings , to remove their scruples , and reduce them to due obedience , safety and peace , i shall obtain my end ; either by redeeming them from the penalties of the law , by rectifying their judgements , or at least by stopping the contagion of their error and superstition to others in this point ; which will not only conduce to mens private , but to the publick peace , in the due administration of justice , by the right use of religious oathes , and to the glory of the true god , by whose name only men do swear in judicial proceedings . i pray god give 〈◊〉 blessing to my endeavours ; that true religion , justice and peace may again flourish in this church and kingdom : to which ends i wholly devote this and all my endeavours . finis . notes, typically marginal, from the original text notes for div a -e the occasion of writing this piece . my interceding for some respit of penalty , till better information is offered to the quakers . zeph. . . the acceptance of the motion . charity the only motive to this intercession . the general m●roseness of the quakers . the fears and jealousies had of the quakers . a just cause to be had of any new sect or faction . quakers may be pitied , but not trusted . the usual manner of their writing and discourse . their covetousness and injustice in refusing to pay tithes . cor. . . my pity for them on a treple account . quakers suspected of jesuitick arts and designs . the first life or breeding of quakers . how they were first scared from all publick oaths . the great temptation of those times upon the quakers . the quakers in some respects commendable . . for chusing to suffer rather then sin against their consciences . acts . joh. . . the dilemma or snare of an erring conscience . isa . . . eccl. . . of supersticious fears . psal . . . the perfect and sure rule of conscience . tim. . . isa . . . . quakers commendable for their regard to the scriptures . caution against misunderstanding and wresting the scriptures . rom. . . pet. . . pet. . . the true sense of scriptures , how to be found out . hosea . . of commands affi●mative & negative in scripture . mat. . , . . . mat. . . , , . of scripture general negatives limited . mat. . . rev. . . r●b . maimon . in morch nabucihn . the papists rigid urging the letter . a third commendation of the quakers , for their fearing an oath . eccl. . . zach. . . jurandi facilitate in perjurium labimur . august . contemptor religionis ad jurandum facilis . ulpian . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , eccles . . * ezek. . , . but not for their superstitious fear , against the good ends of oaths in judicature . jer. . . deut. . . the end of the law against the quakers . the ground of the quakers plea for their not swearing . p●●má facie ille videtur seas●s ev●ng●licus , 〈…〉 christianos 〈…〉 . mat. . . three questions . . question answered : swearing was lawful among the jews . zach. . . mal. . . jer. . . zeph. . . 〈◊〉 , whether among christians all swearing be so bidden . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ioseph . de essenis . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cl. alex. the specious design o● the quakers not practicable . quamvis jurato nollem tibi credere . juram●ntum non aliter qàam medicamentum urgente necessitate usurpandum . non adhib●tur ju●jurandum nisi ad subveniendum desect●i . levitas hominum & inconstantia diffidentiam geauit , cui remedium quaesitum est ju●ejucando . grotius . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cle. the true state of the controversie . not whether vain swearing be forbidden . no● whether one may swear by any creature . nor whether an oath by any creatures name may be broken . . the only question is , whether all swearing is forbidden to christians . all swearing is not by christ or the apostle saint james forbidden . mat. . . reasons to prove all swearing is not forbidden by christ . . first reason from the occasion , scope and end of christ● words . the end or design of our saviours sermon in the mount to reform abuses ; not to take away the right use of things . mat. . , . the depravedness of the jews in this point of swearing . indicorum est in levicu●is ad deum trans●urrere ; sufficit per creaturas jurare . ex philon. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . probatieres ju●ae●um magistri absterreb 〈◊〉 bemines a fa●ilitante jurandi in qua d●us nominaretur ; at quo minus in quotidiano usu purres minores jurarent , non interdicebant . grotius . jurabant judaei per creaturas obvias ; n●c se istis teneri cred●bant , quum tamen omne jusjurandum in deo terminatur , in quo & agnoscunt omnia . b. august . christus non simpliciter jurare ve●uit , sed ●o m●re qu● vulgato si●bat . e●asm . in omnibus jurande modis taci●● d●us continetur . unlawfull oaths as to form do bind in things lawful . non putabant judaei se teneri jurejurando si per ista jurassent ; nic reddendum domino tale juramenum : quum tamen n●hil tam vile in creaturis dei ut per hoc quisquam pejera●dum arbitretur ; quum á summis ad insima . dei providentiâ reguntur creata . aust . ser. . de verbis apost . qui per salutem suam jurat deum jurare videtur ; resp . 〈◊〉 en● m divini numinis jurat . ulpian . the meaning o● christs words against swearing . non vetat christus ju●jurandum ut rem in se 〈◊〉 ; sed ut rem quà nisi in negotiis maximi momenti usu pare non liceat ; & in illis quam potest religi●sissime . grotius . erasm , in loc . multos uno ictu solvit nodos ; non simpl●citer vetando juromentum , sed eo modo qualiter vulgo fi●bat : quemadmodum vetuit iram , laborem , ●●ram de terrenis , vindictam , &c. this limited sense of christ against some , not all swearing , proved by his affirmative command of yea and nay . r. maimonidis dictum , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 s●picus ubi negat , dicit non ; ubi affirmat , etiam . d●cterium erat illo●um temporum , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hinc naucus dicitur homo levis & inconstans , cujus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 erata 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . festus . justorum etiame st etiam , & non est non . dius . in t . proverb . hebr. — contra omnia solum et respond bat , vel non — ausonius ad paulinum . concordent dictis sacta ; pactis promissisque v●stris idem robur & veritas esto , as si sirmata essent juramentis . coram deo negatio vel affirmatio simplex loto juramenti habetur . v●tatur om●is disconvenientia aut animi aut facti cum juramento . grot. in loc ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nec 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , philo. negatives & affirmatives in sc●●pture li●ited in the sense , though seeming universal in the letter or words . sicut non occides est generale praeceptum , cum debitis tamen circumstantiis occisio potest & licita esse & necessaria . caje● . * isa . . . haba● . . . societatis commune vinculum mutua indi gentia . talibus benigna interpritatio adhibenda . decalogus summa peccata nominat ; catera ex mente auth●ris vult colligi . limitations of general affirmatives in scripture . cor. . . cor. . . . . cor. . . tit. . . luk. . . non tam ex verborum apicibus , quam ex rei ipsius natura m●tienda sunt multa scripturae loca . grotius . second reason for the lawfulness of some swearing from the light of nature . inter aegyptios 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . diod. sicul. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . nullum vinculum ad astringendam fidem jurejurando majores sanctius esse voluere . tullius . offic. l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hierocles . phala . ep. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 perjurus est , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . r●rus apud veteres jurandi ususin judiciis , sed crescente perfidia crevit jurispurandi usus . polyb. in totum jurare nisi ●bi necesse est , gravi viro parum convenit . quintil. obres egregies & necessarias , quae citra j●sjarandum obtineri nequeant . hierocles . the true god commanding swearing in scripture among jews . mal. . . ezek. . . apud judaeos in judiciis omnia jurisjurandi religione firmata , dei n●●mine interposito . drusius . * gen. . , . deut. . jer. . . heb. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . clem. alex. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . phil. jud. third reason to prove some swearing lawful under the gospel among christians . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in veritate , forma juram●nti apud judaeos . capellus è r. jonah . tim. . . quis credet paulum praec●p●i d●minici suisse ●mm●m●rem ? grotius . juravit paulus , at non in resu● , non in re modica alterius ; sed in r●bus maximi m●m●nti , ad d●um & aliorum salutim pertinentibus . * heb. . . apparet christum hoc l●co agere de juramento promissorio h. grotius . rev. . . dan , ● . . the judgment of all christian churches and eminent divines . primitive christians & fathers judgment . * esseni ad observationem religionis jurejurando adacti . joseph . ios . bel . lud . l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . just . mart. asserit , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 plat. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ep●●●et . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . menan . jurisjurandi fidem nec promittes nec exigas . fi micus ad lollianum . flamini diuli jurare nefas . plut. eâ esto probitate ut nec iurato tibi credant . origen . tract . . in matth. non oportet ut vir qui evangelicè vivit juret omnino . chrysost . hom. . gen. hom. ad pop . ant mat. . ad rom. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vir bonus non pejerabit , ne deum iudib●io habeat ; sed ne jurabit quidem , ne quando vel consuetudine in perjurium cadat . lactantius . evangelica veritas non recipit juramentum . hieron . ne facilitate jurandi in perjurium prolabamur . aust . ser. in verba d●mini . tu autem malum non facis , qui bene uteris juratione ; quae si non bona & propter se appetenda , tam●n necessaria est , ut alteri persuadeas quod utiliter suades . aust . joseph . antiq. l. . c. . jura per fortun●m caesaris , & te dimittam . resp . christianus sum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 anno christi , . baron . annal. tertul. apol. cap. . juramus ut non per genios caesarum ; ●ta per salutem eorum , quae est augustior omnibus geniis . veget. l. . milites jurant per deum , per christum , & spiritum sanctum , & per majestatem imperatoris , se strenue factu●os qua praeceperit imperator , nunquam deserturos militiam , nec mortem recusaturos pro rom. rep. concil . nicen. ephesinum . constantinopolitanum . athanasius juramento se pur●at à calumniis , apologia ad constantium . manu extentâ deum in animam testor , &c. juramentum est actus 〈◊〉 . aquin. qui jurat aut ex●cratur aut colit eum quem jura● . hieron . aug. ep. . bern. in cant. hom. . the judgement of modern divines . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hierocles . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . isocrates . conclusion .