THE FREE SCHOOL OF WAR, OR, A TREATISE, WHETHER IT BE LAWFUL TO bear Arms for the service of a Prince that is of a diverse RELIGION. DIEV ET MON DROIT. LONDON, Printed by JOHN BILL, Printer to the Kings most excellent Majesty. 1625. TO THE READER. THis Discourse, by birth an Italian, is now at last upon some advice turned English. The necessity of these Times and the perturbed Face of Christendom, wherein it can hardly be judged whither the Distempers or Dangers are greater, do seem to invite the publication of the same. It will serve to open the understandings of sober and dispassionate men, that they may detest the Practices of Factious Papalines, and discern with what impious cunning they adulterate Religion, and force her to play a part on the Stage of their State-reasons, and Temporal interests. And this is the prime Weapon wherewithal they now fight, which, when it meeteth with a Conscience that is Tender or Simple, it easily obtains the conquest, because it finds the one without Arms, and the other without Skill. Hence it ariseth, that the kindly Warmth which Religion is wont to communicate to men's actions (whereby they merit the appellation of Zealous) is by this preposterous appliance turned into Flame and Fury, so that (like the heat of Fevers) it no longer comforts, but consumes Devotion. I do not purpose to blot much paper in commendation of the Author. He is as fare from the desire, as he is from the need of such helps to Fame. Yet let me modestly say this little of him; An Italian he is, and a Romanist in Religion, who living near these Motions, and therefore the better able to distinguish the Obliquities of them; hath with so correct a pen, and with that judgement and penetration discovered the Masking of Jesuits and some other Priests under the Garments of Religion, as that a more exact Piece of this kind is hardly any where to be found. His name (as his own silence bids me) shall not by any Curiosities or Conjectures of mine be raked into; let him in peace enjoy his Privacy, and thou the benefit of his Labour. It appears that he was desirous to do good, not ambitious to receive honour. And in this quality I present him unto thy view with his own lineaments and parts, in his Entire; only I have apparelled him in English Clothes. Thou mayst now at thy pleasure entertain his acquaintance, it will not be the less worthy of thee, because it is easy and at hand, unless, like some Disseasoned Palates, thou dost nauseate at Plenty, and longest only after things that are hard to come by, or forbidden. W. B. THE TRUE SCHOOL OF WAR, OR, A TREATISE, WHEther it be lawful to bear Arms for the service of a Prince that is of a diverse RELIGION. Certain Italian gentlemen, who, for the better attainment of military skill, served in the Army of the States in the Low Countries, did, the Holy week last passed (which is the week of preparation before Easter) present and prostrate themselves before a Confessor in the town of the Hague, that so they might reveal their sins, and from him receive absolution. But the Priest, that was thus by them elected for their Spiritual Father, denied absolution unto them all. Nothing may be said to be light or of small estimation, where matter of Religion and of Conscience is handled, but rather to be held full of moment and consideration: especially ought those points to be so reputed, which treat of remission of the transgressions committed against the Majesty of God, and of the means to receive spiritual consolation from the most holy Sacraments of Penance and Communion. And certain it is, that if the Confessor shall proceed unjustly by a pertinacious refusal of Absolution to him unto whom it doth belong, he tyrannically usurps upon the Soul, deeply offends the divine Majesty, abuses the spiritual authority committed unto him, and doth intolerably violence the Holy Church and his Neighbour. Touching this success, I being to make an answer, and to show what is consonant to divine and humane Reason, and conformable to the sacred Theology, and to the Canons of the holy Catholic Church, that my proceeding may be with order and clearness; I hold that the action of the Confessor in refusing absolution to his Ghostly Penitents, cannot flow but from one of these Heads, or from many of them in union and concurrence together. 1 Either from a scruple, What these gentlemen had to do, to be in that country where they served as soldiers; which is that which concerneth the Penitent. 2 Or, from the Confessors part: for that he had commandment, and precise instruction so to do. 3 Or, in regard the matter itself doth so require: because it is not lawful for them, being Gentlemen of Italy, to dwell in the Low Countries, subject to the LL. the States of Holland, without continuance in sin. 4 Or lastly, because that they, exercising themselves in a military profession, do this under the banner of the States of Holland against the King of Spain, or the House of Austria. I cannot device any other ground that the Confessor might have. And upon every of these I will very briefly frame my Discourse: to the fabric whereof I will only bring materials necessary and agreeable to Catholic Doctrine. For the first, It is clear amongst Divines primarily, and then amongst Canonists and Professors of Cases of Conscience, That the error of the mind, concerning humane actions, which judgeth of them sinisterly, and is called an erroneous Conscience, is ligatorie: whence it followeth, That if those Penitents have before their Confessor made it a matter of Conscience, and have confessed their dwelling and serving as soldiers, as a sin, and cannot calm and dispossess their Consciences of that error, the Confessor might and ought by the rules of Conscience, to deny them absolution: because whosoever actually doth persevere in his sin, and is persuaded by his Conscience (albeit erroneous) that he doth sin, and will not abstain from it, he may not be absolved. But this cannot be in our Case, because it is known expressly, that the Confessor was he who raised the scruple in his Penitents, of a matter which they never held to be a sin: and it came to such terms, that he denied them the spiritual comfort of absolution, unless they would promise to departed from those countries. And this is easily evicted by argument: For if it had been a scruple of the Penitents, it is not probable, that the same should have happened unto them all, and after the same manner, as that all should frame and fancy to themselves an incapacity of absolution. And albeit all of them had fallen upon the very same scruple, yet did the Confessor know, whether it were a scruple of reason and foundation, or whether it were devoid both of reason and ground. Whether or no it were reasonable shall hereafter be demonstrated, and proof made, that it cannot hold water. If it be without the groundwork of reason, than was he obliged by the ties of Conscience, to inform them, and to procure them to lay aside their error. Neither is it likely that all of them after the same manner, and as if they had had but one brain in common amongst them, should remain incapable of reason, and should be so obstinated in an erroneous conscience, that for this respect it should be thought fit to deny them after one and the same Tenor, the benefit of Confession. Moreover, it would have been (as a great Doctor said, but to another purpose) an Afinine ignorance, and a Harelike fearfulness, if all those Gentlemen, after that they had a long time advised with their friends and kindred in their country, to employ themselves in war, and had deliberately made election of a country so remote, with so much peril and expense (because it is the learnedst School for that kind of discipline, that at this time is in all Europe, yea in the whole world) should all of them as it were by consent, have waited together a whole year to raise a scruple of Conscience of that tenacity, that the rational persuasions of their Spiritual Father should not be able to obtain so much upon any one of them, as to remove him from that fancy & to re-estate & place him within the boundaries of reason. And hence it appears that this Head is totally excluded. Concerning the second: It is long since that the Favourers of the Court of Rome, and those that are dedicated to promote the Spanish Monarchy, did with such subtlety, and so universally upon all advantages serve their turn with the Pretext of Religion, that there is nothing by them left unattempted, where they may with the specious Mantle, and coverture of Religion (a way among men most powerful) bring unto their part any profit, advance their own interests, and advantage themselves in their vast pretensions. One way they have opened, and still beat it as much as may be, and that is this: A custom hath been introduced by a necessity of the Common good, and by the just and legitimate interest of State and good Government, and by the rules of their own peculiar preservations, as it is by all Laws most warrantable, That many both great & petty Catholic Princes maintain Ambassadors, Secretaries, and other their Ministers, to be near those Princes, and Potentates, who, although Christians, yet are not in union with the Apostolic Roman Sea, and do not yield, no not in Spiritual matters, the obedience which it desireth. As soon as they understand that an Ambassador is chosen, they presently hunt about to know what Priest he intends to take along with him to administer the holy Sacraments unto him in those Countries where he is to be employed; and having penetrated what he is, they instantly assault him with powerful offers and offices of love; with large promises and hopes, and (according the quality of the person) with threats and terrors of Conscience, with apparent arguments of the service of God, and of advancement of the Catholic Religion, which is ever the Garrison or Sentinel, to warn & induce them to receive their instructions, and to hold intelligence with them; and they are made to promise, and to swear too, that they will follow their directions with all care & punctuality. And as in this manner they infallibly attempt all, so have they happily prevailed with some; in so much that Ambassadors thinking to carry Priests with them, who may have care of their Souls, and of their Families, have given salaries unto persons that observe with all exquisiteness the interests of the Courts of Rome and Spain, and do usually transmit unto those Courts, all Relations and Reports; so as in steed of attending on the Souls committed unto their charge, they become the Priests and Praetors of other men's subjects, to the no small distaste of those Princes with whom the Ambassadors endeavour to preserve, and, for the common defence, to augment all good correspondence. Hence spring the continual doleances of those Princes, that, from such as these, their subjects are debauched in their Allegiance, and in their Consciences contaminated; that from hence Seditions are raised, Rebellions machinated, Conventicles and unlawful Assemblies celebrated. And these Princes are powerfully persuaded, that their care for Religion is least in their thoughts, which merely serves them for a colour: but that their real and true end is, to make a muster and take a survey of all persons malcontented with their Government, and of all correspondents with strangers by way of clandestine intelligence; and so under this covert to design and practise against the State. And they think that they have great reason to be jealous, and to have vehement suspicion thereof; because the greatest part of Conspiracies, Machinations and Rebellions, have had their spring from the like pretexts and practices. And to this purpose do those Princes ever record the Leagues in France, the attempts upon the lives of so many Princes, the Powder-treason of England, the revolt of the Valtellina, and other semblable combinations. And in this discourse of Chaplains, it is fresh in memory, that a certain Ambassador thinking to take along with him a Chaplain of good learning and of great advisedness, before he departed from his Country, he had him so well managed and instructed at all points by the Ministers of the above recited Courts, that afterward in his charge he lost the name of Chaplain, and was invested with the titles of the Intelligencer and Gazettist of Rome and Spain. And another did put his Patron into so many disguisements, that it lost him the name of Ambassador, and gained him the appellation of Archbishop, which yet sticks upon him with the Nation where he was employed. And that neither Conscience nor Zeal was the true cause of this, they think they have sufficient proof, because some one of these did convert to his own use a huge sum of Donatives, consigned over unto him, or by him craftily extorted, to make an offering in the Holy house of Loretto: and that the Confessions, Reconciliations, and exercises of Religion, were now changed into so ordinary and so quotidian procurements of wantonness, and entertainments of pleasures, that the scandal of these defamatory doings is not yet laid or extinguished. Whence proceedeth this ill issue and detriment, even to Religion itself, that whereas to the House and Residence of Ambassadors, a good number of the Catholics of that Country were accustomed to repair, that they might there partake of Divine Service, and receive the Holy Sacraments after the manner of the Church of Rome; this sacred custom was as it were utterly abandoned, which tended so highly to the service of God, and honour of the Embassy. These disorders have constrained Ambassadors who are deputed for such Residences, to apply their cogitations and solicitously to provide, that the Priests assumed by them for such a charge, should not go with them but upon resolution to govern themselves with befitting modesty, without exceeding their limits; and to further the Service of God, and advancement of Catholic Religion, but with Prudence and Moderation. And in this I could give many instances of conspicuity and note, that diverse Ambassadors without any disgust or giving just subject of complaint, have for certain done greater Service to the Catholic Religion, by the modest retirement and moderate temper of their Priests, than those Busibodies, or as the French have it better, those Remuant spirits, that out of heat and haste to do much, have rather defaced than built. And a demonstration of this may be drawn from the good effect which hath followed thereupon, and every day increaseth, that without any occasion of querimony or exception, the same or greater concourse of Catholics is present at the Divine exercises of the Catholic Roman Réligion than was before, to the considerable advancement of the Service of God and of Religion, which ought to be the principal object of humane actions. It is not improbable that the Confessor, of whom we speak, may have amongst his Instructions this also expressed, Not to absolve such Italian Penitents as reside in those Countries. For a matter of that importance, as is the exclusion of men from the participation of the Sacraments, would not be undertaken by a private Priest, without great motives from abroad; especially, since it is an action not only repugnant unto Piety, but to Wisdom also; that when with so much art, they labour the reduction of any from the Protestant unto the Catholic Roman Religion (of which the best proof is to bring them to receive the Sacraments) they should notwithstanding exclude those from the participation of them, who from their infancy have made profession of being Catholics. And put case that the Priest have received no such Instructions from Italy, nor by any letters or faculties, (which is the usual and easy way) yet may he be induced to such a resolution, in the very Low Countries themselves, because it is an indubitable truth, That the Nuntio who resides in Brussels, doth manage all the practices appertaining to Religion in the Low Countries, and there he appointeth his Ministers and Emissaries, who under other pretences and habits, promote that work, which we call the Conversion unto the Catholic Faith, and Protestants term the Seminary of Sedition against the State. Neither doth the Nuntio want bold and potent instruments, which are diverse disguised and masked Jesuits, and other Religious persons also. It was in times past an use, and the practice thereof still continueth, That Bishops, and principally the Pope of Rome, were procurers of many expeditions, sending Religious persons into Regions inhabited by Infidels, with most ample Spiritual authority, to absolve from Cases reserved, to dispense with Vows, to grant Indulgences and Graces, and to do all that which was necessary or opportune for the Conversion of Infidels to the holy Catholic Faith, or for the corroboration and comfort of those believers, which were still to be found in those parts, from whence Christian Religion, and the free profession thereof had, by the Infidels, been formerly discarded. The Sea of Rome in times past was for the most part wont to steed itself with the endeavours of the Minor observant Friars; concerning whom, we may read in sundry Pápall Constitutions, the Privileges and ample Concessions which they had, with power also to create titular Pastors of those Countries where they did exercise the works of so much devotion. But after, the Fathers the Jesuits grew great; and beside, the fourth Vow (which specially concerneth Missions) took into their secret Institutions a particularity of their own, to receive power to lay aside their habits, and to take those whereunto they had the greatest fancy; so that they could metamorphize themselves into Soldiers, Merchants, Courtiers, and into any other Trade or Profession, and counterfeit themselves to be of any Sect or Religion, Gentile, Turk, jew, Heretic, or any other which they should conceive propitious unto the ends that they propose unto themselves (so that from hence it might be, that Father Aio said, jesuita est omnis homo) the Missions for the most part (especially in the Countries where Protestants do rule) consisted of jesuits, who leave unto other Religious Orders only those Missions where there is the slenderest hope of gain, and the greatest fear of danger. And these swarm over England, Germany, and indeed every where, and now lately more than ever, since the erection of the new Congregation in Rome, which is conspicuous already both for the greatness of their riches, and for the multitude of Ministers to be employed by them: and it goeth under the title De propaganda Fide. Of these such as are sent into the Low Countries, besides the Instructions which they carry along with them from Rome and from their Superiors, receive also directions from the Pope's Nuntio resident at Brussels. Whence it may be certainly conceived▪ that this Confessor had some such commands laid upon him, and such like seeds sown into him, from whence these fruits do grow, which have so strangely disturbed the Consciences of those Gentlemen, that did so little expect in this kind to be disquieted. Therefore as the introduction of these Missions had in their origine the respect of Devotion and Zeal of Religion, for their motive and principal object, together with a burning desire to convert and save Souls, so is it sure that afterward they degenerated into humane affections and interests: and these expeditions have only served to spy into Temporal Governements, into the strength of States, into the factions of Countries, into the deficiencies of Policy, into the ways and means how to debilitate Government, how to sow civil Discord, how to diminish the reputation of Princes, or to bring it into contempt, how to corrupt and entice from them their Soldiers of account and conduct: Nay, they are passed on so fare, as to blow the coals of Sedition, to foment the Malcontents, to make set and formal leagues against Princes, to manage Conspiracies, & other like scandalous actions, which have so foully denigrated the beauty of these holy Missions, that they have made them to be esteemed no better than the sending forth of Bloody, Treacherous, and Insidiarie persons, and have caused them to be branded by the Adversaries with those abominable attributes which Saint Paul in his Epistle to the Romans in the end of the first Chapter doth accumulate on those that are of a reprobate mind. Yea the Catholics themselves have been greatly ashamed of the villainies that are sprung from these modern Missions. And although the fruit of such detestable seed is in these days but too rife and plentiful, yet now that the war is kindled against the Protestants, the fertility is much greater than formerly it was. So that at this present when so formidable a war is waged against the States of the Low Countries by the King of Spain, no marvel if the Emissaries of the Pope's Nuntio in Brussels (who swarm in disguises through those Provinces) do strain a point beyond their usual manner. To this aught the Confessor to have had some regard, and by considering, that he was thus strictly appointed, Not to administer absolution to those that fought for the defence of the Hollanders; he should thence have inferred, That the Catholic Religion was the pretext only; but the end is the interest of factions, the which have nothing to do with Religion; neither have the Ancients ever taught that it should by such means be ampliated. Further, he ought to have taken into consideration, that he is not depending on the authority of the Nuntio, or of any deputed from him that is not his Ordinary: neither doth he receive authority from him to hear Confessions, and that these secret jugglings are odious before God, and that it is an adulterated Zeal which under the mantle of Religion covereth humane passions and ends. And it would be too great an inconvenience, that when Ambassadors and their Families (as good Authors do maintain) are not assubiected to Princes where they reside, but by the Law of Nations are exempt and free, and only own submission unto their natural Lords, yet he which attendeth them for the administration of the Sacraments, should take law from one that is an Alien to that Country, yea and serveth such a Prince as maketh war against it. Who can doubt, but that such a one will try to do all the mischief he is able, especially by disbanding the soldiers that serve the other side, as is apparent in this very Case? yet it cannot without horror be conceived, how great an injury is done to the Majesty of God, and to Religion, to make it like unto Medusa's Head, a Bugbear to scare and intimidate men's Consciences, for ends merely mundane, and peradventure for designs that taste of tyranny and injustice, as to seize upon and take away Countries from those persons unto whom God hath given them. For conclusion then of this Head, it was not justice, and it is contrary to Religion, that the Confessor did follow the directions of a professed enemy to those States by virtue of a blind obedience: and he ought not to have done so notorious a wrong and injury to those Gentlemen, without examining first, Whether it were just or unjust to deny such a Penitent, absolution. For I would see great and evident reason, before I would exclude any man from the participation of the Sacraments, which is a bond of grievous prejudice. And, as Saint Jerome writes, Priests ought not to put on a Pharisaical superciliousness, as if it lay in their power to bind and lose, but they are to consider the Conscience of the Penitent, and the merit of the Cause. So that you see, all is reduced to the two last Heads, which remain to be examined, because in them lieth the pith and point of the cause. Of which: The third is, Whether the Confessor had just cause to deny these Gentlemen absolution for this respect, That they could not live in the Low Countries without sin, as being to converse with those who acknowledge not the Pope of Rome for Head of the Church, and refuse to yield unto him obedience; and, For that there is not in those parts, the public exercise of the Catholic Roman Religion. This reason in times past would have received no show or colour, but now, some shadow of doubt may be put, since that Clement the eight took on him to be the first that ever made any step and pretention in this matter. For in the year 1595, he published a Constitution, That no Italian should or ought to go for any cause whatsoever, no not for trafficking and merchandise, to any place where there was not a Parochial Priest and a public Church wherein the Roman service was celebrated, except he first should obtain leave from the holy Office of the Inquisition or from the Ordinaries, binding also those that should travel with such licences, to send yearly to the Inquisitors, letters of authentical credence, that they had confessed and communicated. Peradventure this might be the cause why the Confessor, and he who managed him, did deal so roughly with their Penitents. But withal you must know, that this Papal Constitution was never entertained or put in execution by any Prince, but contrariwise totally excluded as if it had never been ordained. And to confirm this, it is the received Position of Canonists and Civilians, and of the Popes themselves, and it is a Doctrine also consonant both to Divinity & Nature, That all humane positive Laws (under which kind no Catholic Doctor doth deny that such like Constitutions are comprehended; neither can he, unless he will make a man a God, nay above God) are just so much in force as they are in use, and by not being received, or by an application of them unto a contrary use, they lose all their virtue obligatory, and are as if they had never been ordained. And if it should be otherwise, there would be nothing but confusion in Government, and destruction of good Policy: and Popes should not only be Patrons of all States and Dominions, and Lords of all matters of judicature, and of all Tribunals, but the very faculty and means to think of any question, would be idle and out of use: for what matter is there, that the Popes in some past ages till now, have not themselves decreed, or else commanded their determinations? But jurisdiction is not acquired by commandments, but by commanding justly, and by being obeyed. So that no foundation must be laid on this Constitution, which was abortive in the birth, rejected in the first beginning, opposed by all, received by none; and by the Declaration of some Princes against the very Pope that made it, it is apparent that it ought not to be received: so that it hath had no observation at all, but hath remained as if it had not been made; and that with the knowledge of the ecclesiastics, and of the Popes themselves, yea and of the very person that made it. And so it ought to be in reason, because the Pope extended his power to the restriction and confinement of that liberty which God and Nature, all Laws divine and humane, and the practice in the general course of all times from the beginning of the World until the year 1595, have given and granted unto the Faithful. Whosoever hath any insight into the Sacred Stories, knows that after the Creation of the world, there was a division of Religion in the very sons of Adam, and that some worshipped the true God with pure and lawful Adoration, as was requisite; others became Idolaters, and yet he will not find that the Faithful (I speak not of the separation of Nations, but of particular divisions, for that was a Case reserved to God alone) ever received prohibition to inhabit those places where men of impure or false Religion did dwell, but the true worshippers of God did always enjoy the freedom of going, staying, & dwelling there where their best commodity did invite them. The same is observed to have continued all the while that the jews did dwell amongst the Gentiles and in the cities of Idolaters, as served best for their ease and purpose. And this remained constant and vninterrupted, until the coming of our Lord into the World, in which tim it apapereth by the Scripture of the New Testament, That the true Believers, which then were the Hebrews, were dispersed and scattered in the Countries of Asia, Africa, Europe, and dwelled in Rome itself. And in those days there was amongst the jews a Sect called in the Gospel, The Heresy of the Saducees; who denied that there were any spiritual Creatures, or Angels, or Souls, or Resurrection of the dead; and yet they dwelled with the rest, and they with them: neither did any then ever pretend to reprove this liberty, or to prohibit men from going or abiding where they themselves best liked. And after the publication of the Holy Gospel, the same liberty remained in all ages, neither shall you find that ever any did pretend to the contrary, until Clement the eight. And yet there were in the Church so many Sects, Divisions and Heresies, of that power as that they filled whole Cities, Countries, Kingdoms and Empires: Witness the Arians in particular, who seemed to have taken possession of the whole Earth, in so much as Jerome with great bitterness said of them, That the World was amazed to find itself turned Arian. And these with the Princes of this Sect held the Eastern Empire, Africa, and a great part of Italy; and yet it will not be proved that ever it was endeavoured, that the liberty of Catholics should be taken from them, so that they might not travel, abide, inhabit, or traffic where it should seem best unto them. And if there appeared danger to any particular man, to him in particular did they apply admonitions and persuasions by their friends and ghostly Fathers, but never durst they form a general Command for the people of a whole Nation; and of this there can be no example alleged. But you will find the Apostolical Doctrine of Saint Paul, to the contrary; that, if of two joined together, the one shall be a Believer, and the other an Infidel, and this shall consent to live with the Believer, let the Believer live with him, and not abandon him. And thereupon the Canonists have framed a Rule, with this exception only, That the separation is commanded then merely, when they cannot Cohabit without injury unto the Creator. And this Rule will by reason of this restriction, so much the more serve for our purpose. The Cannons of separating a man's self from heretical or excommunicate persons, do likewise make for our Case; because it is one thing to abstain from the conversation of a particular person that is censured by the Church, and another thing not to remain in a Country that is divers in Faith from us: for so, that which is done against an Heretic in favour of Religion, might be turned to the disfavour and disadvantage of the liberty of a Believer and a Catholic; concerning whom, none will say that he cannot so dwell without an injury done to the Creator: For otherwise all the Catholics of England, Jreland, and Scotland, and of other Kingdoms too, should be bound to avoid their Countries. And therefore to go, to stay, to inhabit, to traffic, and to serve in war are all civil actions, and not spiritual. And if any could or ought to frame commandments on them, it is an office that belongs to Secular Princes, unto which the Ecclesiastickes can make no pretention, unless they will arbitrarily usurp upon others authority, without Law or Scripture, nay rather against all Law and Scripture. But in the mean time, all the other countries of Christendom do enjoy this freedom, so that neither Pope nor Prelate forbids the Spaniards, French, Germans, nor Polackes, that are Catholic, to go and abide where they will; what reason then is there that only Jtalians should find worse Conditions, and that this bondage should be imposed on them alone? Either this matter concerns Salvation, or no; if it do not, why then should the ecclesiastics thrust their sickle into other men's corn? If it concern Salvation, in this, neither the Scriptures nor holy Apostles, ever knew distinction of Nations or people. Neither would they now give authority unto any Ecclesiastic to make decrees in the like matter, although in some sort it might be thought expedient and conducing to salvation. For the Canonists themselves, who give power to the Prelate indirectly in temporal things, have not yet dared to pass further, except as the power in Temporals concerneth salvation, out of necessity only, and not out of congruity, or for bettering the state of Salvation. For otherwise ecclesiastics might in all things command absolutely: as, it may be, they might think it profitable for the salvation of many persons, that some should build Churches, others should give all they have unto the poor; that some should not marry, that others should be clad rather after one fashion than another, that some should leave marchandising, that a Prince should renounce his Kingdom and turn private man, that others should lay aside the art which they profess. And by this means would they become the absolute Masters of all wealth and of all States; and, which is more, of the very thoughts. But if the indirect cannot be meant, unless it be for the necessity of the Spiritual, it will lie on him who pretends to give such commands, to show how this restraint of the Italian Nation only, is necessary to salvation, and not of others too; and why Italians alone cannot attain to their salvation if they dwell in such like Countries: and if it really be an impediment to salvation, how may it be taken away by a piece of paper that contains the Licence which they are to carry with them? Besides, if Superiors do send Priests into the Protestant Countries, that under other shows, they may administer the Sacraments unto such, as albeit they live under Protestant Princes, are notwithstanding, in Religion Catholics; do they not thereby conceive and approve, that salvation may there be had without abandoning those Countries? If so, then may Italians obtain the like, and that with less impediment, because they being strangers may lawfully make public profession in the Houses of Ambassadors, of the exercise of Catholic Religion: so that the Priest cannot hereupon constrain them to departed from thence, although he should judge it to be more commodious for them to live in Italy. Therefore as it hath been showed, necessity only doth grant unto them indirect authority in Temporals, even by the opinion of the Canonists: otherwise, if it should be judged better for Catholic Religion, That the Pope should in Temporals be invested with the Kingdoms of France, Spain, and Germany; they might ordain that those Countries should, by the renunciation of the possident Princes, be delivered up unto him. And we see that our Blessed Saviour himself would have things that are not necessary, but only profitable & helpful to salvation, left to Counsel, & not circumscribed in precepts. How much less than can Ecclesiastickes use their power in Temporal matters, when there is no necessity thereof, but only because it may peradventure conduce unto salvation? And in this case lest of all, because we understand not for what such power may be profitable, unless it be for the advancement of the interests of their temporal Greatness. And this difference touching Italians, which cannot indeed be admitted in temporal matters, in which Saint Paul knew no diversity of jew, Greek, or Barbarian, hath been found out by some shrewd and experienced brains, who by observation of former times, and comparing them with this, know that the Ecclesiastickes have mightily diminished their authority in Tramontane Countries, and therefore do procure in Italy intensively, that which hath extensively been lost in other places; and to this end they employ all their art and force, and draw every matter to the head of Spirituality or Religion. Unto this, Sovereign Princes ought to have great regard, as they have had by the exclusion and inobseruance of the foresaid Constitution. Notwithstanding which, the Italians who are subjects to the most renowned Republic, to the Dukes of Savoy and Tuscany, do repair where they see cause for matter of merchandise, and for any other concernment that belongs unto them. They frequent England, Germany, and Cities that are subject to Protestant Princes, and all places else whereunto their interests do draw them. And therefore it is lawful by an universal consent of all Catholic States, to persist in that liberty which God and Nature have granted, and which is independent of the will of Ecclesiastickes, as being a matter that toucheth not spiritual Salvation, at the least not by a necessary connexion. But the importance of this action requireth further consideration, because the offences of Princes are of greater moment than the faults of private persons. And this attempt is a beginning of notable usurpation and perturbance in civil Government. For it is to be held as a constant Tenet (as already we have touched) that where any matter is handled concerning the salvation of Souls, in which the Ecclesiastical Prelate hath authority to make orders & to command, there can no distinction or difference of persons be admitted. And therefore Pope Clement the eight in the Constitutions aforesaid, commands in general without exception either of Persons or Causes, That none without licence of the ordinary Inquisitors should presume to go into such parts, where there is not a public Church, Priest, & exercise of the Romish Rites and Service. So that by virtue of this Constitution, a Prince should not send Ambassadors ordinary or extraordinary into the Countries that are held by Potentates divided from the Sea of Rome. And if an occurrence or Case should happen, that out of the emergency of Reason, or out of necessity of good Government, it should be held expedient to send a secret person to act some negotiations, which it were inconvenient that the Ecclesiastickes should know, yet notwithstanding, all must be revealed unto him, or men must fall into censures, and be made obnoxious unto the Inquisition. These inconveniences are so clear and so usual, that they do sufficiently declare the apparancy of the usurpation. And it would be too great an advantage, that the Pope and Spain may (as daily they do, and examples hereof are actually practised) send into the Countries of Protestants (where there is publicly, neither Romish Church nor Priest) jesuits, and some of other Religious Orders in disguise, and in more private restriction too, whether for business, or for guile, or for exploration, every man speaketh after his own fancy, and that it should be unlawful for other Princes to send any person without their leave or knowledge. And in the Levant too, where the very Soul of traffic breathes, there is scarce a place convenient for trading, that hath the benefit of a public Church: so that here likewise, if this Rule should hold, there is no abiding without licence. And if Princes must in their interests depend thus on others, and submit the groundwork of good Government, and the necessity of their defence and préseruation to other men's ends and arbitrements, they are no longer absolute Princes; and farewell Sovereignty, if it be once brought to such a descent, as to render an account unto any but to God, and to receive Laws of what it ought to do, or not to do, from any power but Divine. But it exceeds all belief and Christian charity, to observe the course which hath been taken with these Gentlemen. The time comes that a Gentleman, out of compunction for his sins, goes to reconcile himself to God by Confession, and then is he entreated with such strange and intolerable rigour, that the spiritual comfort of absolution is denied him▪ And yet we are impatient to hear it maintained by such as are separated from the Church of Rome, That Confession is become the very path through which (instead of comforting men's Souls) the interests of the Courts of Rome and Spain are conveyed, to the detriment and disadvantage of other Potentates; and that it is distorted from the original and pure Institution, and made to pry into men's actions, to debauch the allegiance of subjects, to instill affections, to augment partialities and sidings, and such like things as these. By all this that hath been said, I remain fixed in my judgement, and it is sufficiently proved, That if the Confessor have denied his Penitents absolution, only because they are in a Country which is separated from the obedience of the Pope of Rome; he hath done wrong unto his Penitent, and abused Confession: and if he have done this by the command of any person whatsoever, that commandment is unjust and unlawful, trenching, by usurpation, upon the authority of others, and is actively scandalous in abusing spiritual authority to compass ends that are purely mundane. So that the cause which may be pretended, can be no other than that which is in the Fourth Head propounded; that is, Because they profess to march in the Army of the LL. the States of Holland, against the Catholic King. And this cannot in our Case arise but from two Heads: Either for that it is not lawful for Catholics to take arms absolutely in favour of such as the Church of Rome accounts Heretics, or because the war which they manage is unjust. And these two Heads will easily receive their discussion. Touching the first, it will be necessary to allege the common Doctrine of Civilians, which in matter of defence, aid, or supporting of Heretics, is void of all contradiction, by distinguishing that a man may favour or defend Heretics two manner of ways, either formally, or not formally. A formal favouring or defending of Heretics is (to use the very words of a Civilian and a jesuit, which in this subject may stand for a thousand witnesses) when a man doth assist and favour Heretics, either because they profess such and such heretical Doctrines, or when aid is lent out of relation and order unto Doctrines that are heretical, to the end that Heretics may teach or defend them. Not formal, is when the cause which moveth a man to give favour, aid, or defence, is not heresy, but friendship, kindred, gratitude, goodness of nature, want or necessity of help, or the like. And hereupon they decree, That the Cannon Laws and Papal Constitutions, yea even those which concern the Lords Supper, which are the most rigorous that Churchmen could ever invent, ought only to be understood of the first part, when the respect and ● motive is Heresy or false Doctrine, and not of the second. Nor can laws Penal or Papal receive such latitude and extension, for that would be a flat prohibition of all offices of humanity and of good works; and a precept unjust and tyrannical, that is not of validity to tie any man. To apply this unto our purpose, it being so, that the only and true cause why these gentlemen served under the States of Holland, was a mere intent to learn the art of War under that Captain unto whom without controversy all the Commanders of our time must give place, without having relation or regard unto the Doctrine and Religion professed in those Countries; Nay, it appearing in fact, in that they presented themselves to Confession at the time appointed by the Bishops of Rome; That they persevered in the Catholic Roman Religion; neither do they favour or fight out of respect of the Religion that disagreeth from the Roman Faith. And it clearly also appearing, as I prove by the doctrine of the Canonists, who attribute unto the Ecclesiastickes all that they can, certainly more than they should, That these gentlemen have not in this case committed any sin, much less a crime inexpiable. How then could the Confessor deny them absolution, without manifest wrong, and unless he abused Confession to serve politic and indirect ends? And here it will not be besides the purpose, to recount two Master-designes hid under this practice, the one from Spain, the other from the Ecclesiastickes, who indeed walk hand in hand with them. The Spaniards as it appears by letters from many Italian Cavaliers that serve in the wars under their Standart against the States, have a purpose and custom to require an oath from all those that will serve under them, that they shall never serve without their leave against the House of Austria; and whosoever receives from them any Military charge or honour, must take this oath irrefragably and without exception. If then they shall be able to gain this other point also, by the way of Confession & mantle of Religion, That none shall pass to fight in the Camps of Protestants; the consequence will follow, that there shall be none which seeketh to attain to Military science, who withal shall not be by oath obliged to the House of Austria; yea, although it be against their natural Sovereign. For the World is not so in the infancy and cradle, but that by a survey of the present face of Europe, it can easily presage, That there cannot be a war, which either in the beginning is not between Catholics and Protestants, or in the progress will not become so. And in this period stands the true state of matters at this present: in so much as other Catholic Princes, either can have no subject that hath seen the wars, or if they have any, they must be such whose fideliltie they have reason to suspect. And this is one of the weightiest and most important considerations, that moves many Italian Cavaliers to militate in the wars of Holland, there being none any otherwhere amongst Roman Catholics. The other design which is peculiar to the Ecclesiastickes, is yet of more importance, on which without question they fix their eyes, albeit they dare not as yet to discover it. But with certain tastes and beginnings, they let some men a little to understand it, who by observation of their drifts, do know with what artifice they have so fare encroached upon the power of others, under feigned pretexts of Religion, and how they cheat upon the simplicity of Princes, and prevail by the power of Religion upon the people. If it be a sin in private men, sufficient to exclude them from the participation of the Sacraments, to take arms in favour of those which obey not the Pope; how much greater an offence is it in Princes, who make defensive Leagues with them, and contribute money unto them, or send them military assistance. This is the secret and the Centre to which all these lines are directed. But as yet it is an attempt too difficult, neither is the matter yet fitted or well disposed: It is an Embryo that ripens by little and little, and waits the good hour for the disclose & delivery. It is true, that in their discourses they will give you some touches of it, and being Patrons of the Press, they cause some of their Confidents to print some sentences tending that way; but yet they have not descended to decree that such Confederations & succours, which are made through a necessity of a man's own preservation, are utterly unlawful. They know full well that the Kings of Spain do not hold it a sin to contribute money underhand to those of the Reformation in France, that whilst war is kindled in that kingdom, they may otherwhere oppress minor Princes, with the greater ease and conveniency. Neither do the Nuntios themselves disdain to be made the Ministers and means of such charitable ends. They are not ignorant that the crown of France hath for a long time entered into league with the Protestant Swissers, with mutual articles of defence; with the Grison Protestant's of Rhetia, unto whom that Crown is to give aid ordinary and extraordinary, Contra quoscunque: yea against Catholics themselves that shall invade them, or give them disturbance; that it hath contracted ancient alliance and confederation with the Protestants of Germany, and that it maintains a Garrison paid, and gives beside an annual sum of money of twenty five thousand Crowns to the Common wealth of Geneva, that it might be enabled to defend itself, and likewise hath defended the same against Savoy and Spain, who are Catholic Princes, as often as they have attempted to make war against it. And from the beginning of the wars in the Low Countries to this present time, the most Christian Kings have ever defended the States of Holland, and maintained Regiments of foot at their own charge and pay, without intermission, which they do still perform, and beside, administer unto them extraordinary succours of money. And the French Militia which have gone to these wars, for the most part did consist of Catholics, and their greatest Officers were Catholics likewise: Of which, Monsieur de Roclaur, and so many other Captains of war make sufficient proof, who came from the Low Countries, to the pay of the most renowned Republic of Venice. And in all that time there came soldiers from all the Countries of Catholics, and from Italy itself, to those wars indifferently to what side they pleased, and yet the Ecclesiastic never had the boldness to oppose. Whence we may draw the common meaning of the whole Church, and of all Christendom, which convinceth this novelty of injustice, of usurpation, and of desire to favour one faction against another, under the show of Religion; a matter scandalous, of pernicious example, and judged to be tyrannical. And the Reason of State being as it is, so sacred, and lawful, and supreme in humane actions, yea, in nature divine, and being recommended to the Sovereign only, who sitteth in the seat of Majesty, me thinks the Ecclesiastic should totally abandon that vain and ridiculus pretention, That the safety and defence of Nations, aught to be regulated by the decrees of the Cannon Law; which is as much below this supreme reason, as the humane is inferior to the divine, and the Positive to the natural: and let him consider that God hath together with the Majesty, given unto the Sovereign alone, the authority to make peace, war, leagues, and allyances, as he shall conceive it necessary and convenient: neither can any but he know the circumstances of opportunities and needs, as nothing can govern and actuate the body but that Soul which God and Nature hath given it. And that the iniquity of this attempt may the more manifestly appear, letting modern matters alone, we are to know, that Sextus Quintus being clearly satisfied of the ends of the Spaniards, That they aspired to oppress all Potentates, under colour of making themselves Protectors of the Catholic Religion against Heretics; did with great efficacy stir up the Crown of France to defend the States of Holland: and the same apprehensions had Clement the eight, and Paul the fift, although it were late ere they came unto it. And that the falsity of this new-stampt Doctrine may the more perspicuously be discovered, which by these indirect ways, striveth to introduce a prescription, That it is not lawful for Catholic soldiers to fight for Protestants, that so they may by obliqne insinuation arrive unto their design, to make it unlawful for Catholic Princes to make leagues, or send succours unto them, excluding under the cloak of Religion, all fundamentals of good Government, of ones own defence, and of the necessity of men's peculiar preservation; a deduction hereof may be drawn through all times, of which any memory in sacred or profane Histories doth remain: But I will allege some few instances of the choicest and most remarkable places. The first example (and it will be the more singular because it is set down in Divine Writ) is that of the great Patriarch, who by Saint Paul is styled the Father of the Faithful, whose actions none dare be so hardy as to blame, or to esteem them such as are not propounded for examples to be imitated. Of Abraham then, the holy Scripture doth declare, That when his brother Lot had been made prisoner by certain Assyrian Kings, who had waged war against him, Abraham not having force sufficient of himself, made a league with Ascol and Annor, Jdolatrous Princes, settled the articles of Confederation with them, and having joined his forces with theirs, he began the war, recovered his brother, and got the victory. Behold a league made by an holy Patriarch, with Princes, not only of a divers Religion, but also Infidels and Idolaters. Next follows another example, of a King after Gods own heart, and a Prophet, that according to the flesh was one of Christ's ancestors, David, in the persecutions which King Saul raised up against him, fled with all his Company, consisting of six hundred soldiers, over whom he was chief, and put himself into the pay of King Achis, made a league with him, received from him places to dwell in, and it is certain that he undertook to serve him in the war against the Faithful themselves. For there being war proclaimed between King Achis an Idolater, and Saul that was King of Gods own people, David would fain have been at those wars, but the King would not permit him, because he and his had his fidelity in suspicion, and feared least when they should join battle, he might turn his banner and revolt. And hereupon David took it heavily that he was not admitted to this war, as one that held himself wronged in honour to be had in diffidence. So that it is sure that he was prepared to have fought in favour of Infidels against the worshippers of the true God and professors of true Religion. And who so shall consider the person of David, so mighty a King, so great a Prophet, so holy a Saint, he will be easily convinced in this point, that it hath been and is lawful for other Princes to do that, of which in the Sacred Scripture there is found so illustrious an example, That a Captain with all his Companies of Believers did serve an Idolatrous King in the war against those of his own Faith, that is, those of the false against those of the true Religion. It is likewise clear, that the same David, after he attained to the Crown, entered into league and established a Confederation with Naas King of the Ammonites, and with Hiram King of Tyre: neither can it be alleged, that this was done in time of extreme necessity, because those leagues with the foresaid Infidels and Idolatrous Princes, were stipulated after that David did peaceably enjoy the kingdom of Israel. And Solomon his son and successor in the Kingdom, joined in league with the King of Egypt, with whom also he made alliance and married his daughter. And Assa King of Jerusalem (of whom the Scripture beareth witness, That he had his heart upright towards God like David) called in to his succour Benadas the King of Damascus, against Baasha King of Israel; which was to confederate himself with an unbelieving King, against one that was of the same Religion with him. In the times which were nearer to the birth of our Redeemer, we have the example of the Maccabees, who made a defensive league with the Romans, and the very conventions between them are clearly to be seen in Holy writ, that whensoever war should be made against either of them, they should interchangeably send succours one to another, of victuals, munition, ships, money, and soldiers, according to their power, and as the condition of the times would permit them. And the same Maccabees made a confederacy also with the Spartan Republic, who then swayed all Morea, often renewing, and from time to time reconfirming the same. By which examples of holy Scripture it resteth firm, That believing Princes may confederate themselves, give and receive aid, if their proper preservation shall require it, from Princes that are Infidels. And the example will serve this present Case of ours, as drawn from the greater unto the less. For albeit the States of Holland be not united under the obedience of the Church of Rome, yet are they Christians, and not Idolaters or Infidels. And the Maxim which the flaterrers of the Court of Rome do endeavour to sow the propagate, That Heretics be worse than Idolaters; is finely accommodated to the temporal and worldly interests of the Ecclesiastickes, but no way conformable to the sacred Scriptures, nor to the Doctrine of the ancient holy Fathers. And my Soul trembleth within me, to think that he should be held more tolerable and less abominable, That calleth Christ a seducer and a false Prophet, than he that invocates him as God, and is baptised in his holy name, and receives his Sacraments, and confesseth that it is the only Name under Heaven, by which mankind may be saved. And if in some ancient Writers any passage shall be found, that may seem to favour those opinions, it was because such Heretics denied the Divinity of Christ, and thereby laboured to overthrew the very foundation of Christianity, by reason whereof, they were rather a Sect of Infidels than Heretics: But it cannot be understood of these who confess him to be God, and by this confession acknowledge the ground of our salvation; yet to take away this cavil too, see here examples (in the particular) of Heretics and Infidels together. Under the Roman Empire, in the time that the Princes professed the Christian and Catholic Roman Faith, Histories both Ecclesiastical and others, do swell with examples of the greatest and devoutest Emperors, that have made leagues and held amity with Infidel Princes and Heretical also. It is most certain that Constantine, who so well deserved of the Catholic Church, did for the defence of the Empire, make conventions with Tartars and Vandals, who were Idolaters (with Heretics he could not, because as then they had no territory) and bestowed places on them to dwell in, amongst the Provinces of the Roman Empire. And in those times it is well known how abundantly the Church flourished with holy men, zealous of the pureness of Religion: and yet you shall not find that any of them did ever reprehend, or teach that it was not lawful to make such confederacies: the which doth invincibly argue the approbation of all the holy Catholic Church. Afterwards Valentinian was created Emperor, who was not only a Catholic, but also an exceeding favourer of the Church and of the Bishops and Prelates of the same. At the same time was his brother Valens Emperor in the Eastern parts, who was an Arian heretic, and persecuted Catholics, yet was there ever union, confidence, & confederacy between these two brethren, (the one an Heretic and the other a Catholic) for the common defence, and offence of the enemies of the Empire. The Emperors Theodosius, Arcadius, Honorius, and Valentinian, made many conventions with Goths▪ alan's, Gepides, Vandals, and French, part of which were Infidels, and part Heretics, and yet there was none so hardy to reprehend those leagues as a thing unlawful, although there then lived those great Fathers and zealous Doctors, the Luminaries of the Holy Church: who, out of their zeal to truth, feared not to reprove even Emperors to their faces, and to tell Empresses of their faults and defects. There lived in those days Ambrose, Jerome, Austin, Chrysostome, Leo, and other most renowned Bishops of Rome, Patriarches, Archbishops, Bishops, and Chieftains of the holy Church, whose works and writings remain with us, and it can never be found that they reprehended these Confederations: And therefore of necessity we must confess, that their silence in this Case, when the other errors of the Emperors were exagitated by them with infinite zeal, doth demonstrate herein the consent of the whole Catholic Church. After the death of the above named Emperors, the Kingdom of the Goths began to take root in Italy, and continued a long time; These were Christians, but Arians, who were the most pernicious Sect of Heretics that ever infested the Church, for they fought against the very person of Christ, whose Divinity they denied, and shaken the Article on which as on a groundwork, Christian Religion is built, and that is the Article of the Blessed Trinity: notwithstanding which, the Emperors of Constantinople who were Catholics, were for the most part in peace and league with them; and the Popes themselves were their subjects, and yielded them obedience. Yea, one of the Popes was sent in Embassage by them, about affairs of State, and yet he made no refusal of such employment; and it cannot be proved that any Writers, or Holy men of those times, did blame those Catholic Princes for that they held friendship with kings that were heretical and infected with such monstrous falsehoods. This labour would be endless, to particularise in all the examples which might be alleged in this argument. After that the power of a Temporal Prince was in the persons of the Popes of Rome joined in Italy to the Pontifical Dignity, in which time they have framed so many Laws, as in the Decretals in the sixth, and in the Clementines and Extravagants are comprehended, that there is not a matter of State in which by extension of their authority, they have not opinated and decreed: yet do we not want examples of the like Confederations, as may easily be seen in the Histories of those times. George Podibras was an Hussite Heretic, and so held by the Church of Rome, and for that cause he was pursued by Pius the second, with Censures. This example is observable, because it will so flatly show that there were treaties and leagues then handled, notwithstanding the matter of Religion. Now in the year 1463, the Emperor Frederick the third being invested with a dangerous siege in Vienna, called him to his succour, and made conventions with him of mutual assistance; and these were approved by the Pope himself, who hereupon left to prosecute him with Censures. And julius the second, in the year 1510, seeing himself in danger at Bologna, by the vicinity of the French army, received into the city to his aid Chiappino Vitellio, with six hundred light horse, & a squadron of Turks, whom he much entrusted with his person. And in the year 1558, Paul the fourth did hire and pay many Protestant Grisons, who even in Rome itself performed divers actions contrary to the Catholic Religion; and all was told the Pope, who avouched openly, that they were Angels of God sent for his defence, and that to preserve a man's self it was lawful to use the service of all sorts of persons. And he gave an authentic document hereof, when (the third of September in the year 1557) he spoke these express words to some that quipped him for this, It would have been lawful and laudable too, to call in Turks, Moors, and Jews, for our defence. And it is a matter without doubt, that he did indeed actually treat with the Turk. To this day, the House of Austria hath amity and league with the Protestant Princes of Saxony, and others, and gives, and takes aid from them. And for the Crown of France the matter is so notorious, as that I shall not need to enlarge myself upon this subject, and beside, it hath been formerly touched. If then it be lawful by Stories out of the Sacred Scripture for Catholic Princes to defend and secure the very Infidels themselves, much more those that are Christians, although not obedient to the Popes of Rome, and when they do really aid them with money, men, and munition; yet doth not this derogate a jot from their devotion, or profession of the Catholic Roman Religion. Why may it not likewise be lawful for private men, to defend and aid that sort of people with their persons, and yet be not only no sin, but also a work pious and praiseworthy. But if those soldiers be the natural subjects of a Catholic Prince, confederated with them, and that for common defence and interest of good Government, he yields assistance unto those Protestant Princes, and is thereunto tied by covenants of alliance, the matter is so much the clearer in regard of the Connexion of a Subject to his Prince: for Subjects are bound by the divine Law to help on the interests of their Sovereign, neither do they commit any sin by cooperating and conforming themselves unto them. And hereupon the Confessor hath done great wrong to deny those Gentlemen their absolution, but much greater injury hath he in this Case done the Prince himself. And he well deserves to be punished, because indirectly it must tend to the condemnation of leagues already made, and of the succours which shall hereafter be yielded unto them. The which action, besides that of itself it is injurious and unjust, in making that to be a sin which is none, becomes yet the worse, because it is deduced and wrought into Confession. And surely the rule of good policy requires, that a temereity and petulancy of that excess should be ressented, That a religious persons mind should serve him to condemn the Determinations of his Prince, which have been made according to all the rules of Wisdom, and for reasons of good Government; of which a private man cannot be capable, much less become a judge or Censurer. But if absolution could not be denied by reason of habitation, or because they served in favour of the Hollanders, it might perhaps be denied, by reason of the injustice of that war, especially seeing these Gentlemen were not the subjects of the Prince that made the war, and so were no way hereunto commanded, but undertook it voluntarily, and therefore are in the state of sin. This is the last point, which I will dispatch very briefly, because all the Doctors do agree, That the war whereby the State that is possessed is preserved (and therefore a war defensive) can hardly entertain a doubt that it is not just. And among the causes, which the skilful in both the Laws and the Summists also, allege to make the war just, the necessity of Defence doth ever rank itself in the first place. So that without tedious allegations, it will suffice to conclude this business with the words of Covarruvias, That amongst other reasons which are held most just whereupon to ground a war, that is above them all the best approved, and unto which, all causes else which are alleged, may be referred or reduced, which is undertaken for the preservation of the Common wealth, and defence of ones own Dominion or Countries thereunto appertaining: for so it tendeth likewise to the defence of a man's own life and goods. This cause then of defence doth exceedingly justify the war, because it is favoured and authorised by the Law of Nature, so that a private man may assist in a defensive war. And that the war which the Hollanders make is of this nature, that is to say, a Defensive, it appears out of the evidence of the fact, because they are those that are invaded by the armies of the King of Spain, and ever stand on their guard, and upon the Defensive. And it is so fare from question, that a Defensive war is ever just, except there be such circumstances to render it unjust, as can hardly sink into a man's imagination, that it is an undeniable doctrine amongst the Lawyers, That although the party assailed have deserved by his own fault or offence, to have war made upon him, yet for all that, it shall be lawful for him to defend himself. And if in his own defence he must take arms and fall to blows, yet shall it be just in him so to do, not only by the Law of Nature, which teacheh man to repel force with force, but also because the omission of a man's necessary defence, causeth him to commit his own life, state, and honour to the discretion of others, and many times of soldiers, of whose excesses and usual deportments against men's lives, honours, and goods, being no less licentious in sacred than in profane matters, examples are too too frequent and notorious. Moreover, though the war should be moved for lawful pretensions, & Restitutions, yet would the defence be just: For the Civilian saith, That the Assailant would not be content with such Restitution as were just, neither could he contain the fury of his soldiers, that they should not pass the measure of justice. And the saying of Livy is received as an Oracle, That to him the war is ever just unto whom it is necessary; and it is pious and religious for them to take Arms who have no hope but in Arms, the which ever falleth out in Defensive wars. And if any should from hence make deduction, that then the war might be just on both sides, which is denied by the writers of Cases of Conscience; I say, first, that this ought not to seem so great an inconvenience, because they themselves, and the best grounded Divines and Lawyers do teach, That in some Cases the war may be just on both parts: On the one, out of Truth; on the other, Juris praesumptione. For war between those that know no Superior, is like a suit in Law: and as it is impossible that both the litigant parties should have reason on their side, and yet both of them may have a just cause to sue, because it appeareth not on which side reason standeth, until the judge by his sentence shall decide it: And yet in this Case no man will ever make doubt, that the Defendant ought not to repair to the Court whereunto he is drawn, but all the doubt will rest on the Plaintiffs side: So in a war between Sovereign Princes, as in a suit, although both parties cannot have equal justice in the Cause, yet may they both have just occasion to commence it, for it may be doubtful on which side the reason resteth, but it will be clear that the Assailed makes a just war, and the question cannot fall but on the Aggressor. And to speak truth, it is a fancy which men's brains do frame unto themselves, but reason doth no way comply with it, That any man should take on him to judge of the wars which the Spaniards make, as heretofore some have done of the Schisms in the Church of Rome, That there having been a matter of fifty several Schisms, yet they which had justice and right on their side did ever remain the Conquerors: whereupon of five examples whereof we read, John the tenth, Leo the ninth, Pius the second, Gregory the sixth, and julius the second, from the first of these to the last, the three intermediate Popes were overthrown, and two of those were taken prisoners, one of them (Leo the ninth) being a Cannonised Saint. The Kings of Spain in our memory have in a manner made war against all the Princes of the world, directly or indirectly. In the Indies and New world, they have seized on an infinity of Countries, made a world of freeborn people slaves, and become the Lords and Masters of the lives and goods of those that were the ancient proprietaries of them. They have attempted England, & fall'n upon Ireland in a very open and notorious manner: They have undermined France with Leagues which were christened Holy, and with rebellions of the subjects that belonged to that Crown. They have made war with the Princes of Germany and taken up names in trust to justify the same. The most famous Republic of Venice, the Duke of Savoy, and the Church, with the Pope himself, may witness what his goodness hath done to Italy, where they sacked Rome, and made the Pope prisoner. And they speak it openly and aloud, That a great Empire cannot subsist without war. Is it possible that justice should ever stand on their side, except it be after the profession of Gentiles, That God favoured him that had most power? and is it sufficient to clear the justness of the war, although they should attempt the very Heaven itself, because forsooth they begin it? But the difference is too large, to speak of a matter in Thesi, and to discourse of the same in Hypothesi. Let us draw nearer to the particular Case, and let us give it for granted, though not for true, That the King of Spain hath reason, be it what it will be, to make war against the States, although they affirm the contrary; and that he first outraged them by the debauchment of their Councillors and subjects, by seminating amongst them seditions in State, and divisions in Religion, of which the jesuites and other Religious persons have been made the Ministers and inciters, by breach of public Faith in Truces which he was sworn to keep, & by planting a pleasant credulity in them, till as it were by a signal given, he might unjustly and suddenly take arms against them. But as I said, Let the truth hereof appear as it may; I would in the mean time but ask the good Conscience of this Confessor, or of others that direct and bend him, Whiles the Spaniard resolves to assault that Commonwealth, makes his preparations, and his armies are in motion, what should the States do? are they idle and at leisure to wait on the discretion of their Enemies, and pray them not to pass the bounds of just Restitution? If this be the Case, and that his pretence be to make himself Master of those Provinces by Arms, who can then rest secure of their lives, and of their wife's honours, when they shall suffer him to seize on the Country without taking up weapons to resist him? These are pretty tales to tell by the fires side for recreation, not persuasions to be represented to the Majesty of Princes. If it should fall into deliberation and Counsel, Whether it were fit to make war, or no? an examination of the justice or injustice of the quarrel might then be admitted: But my Reverend Confessor takes on him, like a Prince engaged in war many years since. What doth he think? That he is brought hither to be the Judge and Umpire, whether the war on the State's side be right or wrong; and that thereupon he is, Ex Tripod, to pronounce his sentence? To say troth, men of understanding do strangely wonder, and Princes have a just subject to be highly displeased, and deeply to ressent the timeritie and petulancy of some Priests and Confessors, who passing the confines of their Office in Confessions, provoke Sovereignty, and make themselves Judges and Censurers of the actions of Princes. A Prince can no sooner procure a Contribution, or lay on an Imposition, but they will strait sit upon it as judges, whether the Cause be just or unjust. The same Masteries they would play in Confederacies of peace & war: and yet all this were in some sort tolerable, if they did it in relation merely to themselves, but the importance of it lies in this, That they taint the fidelity of subjects in Confession, they put the Prince into scurvy apprehensions, they perturb the Consciences of public Ministers, and they do insensibly work such mischief, as the very Enemies of the State cannot desire more. Miserable is the condition of the Reason of State, That being a Reason divine, natural, free, and independent, it should yet be fettered with the Censures of those, who are no way capable to discern of it: and that the Reason of War being likewise held, as indeed it is, a Sovereign reason, must be enthralled, I will not say to the judgement, but to the capriciousnesse of one that cannot by any means attain to know the true grounds that are to govern it. The greatest Statesmen have much doubted, whether it were possible to give judgement touching the justness of a war: For whosoever will determine the justness of it, must of necessity ordain it by circumscribing the ●ame with certain Laws, by which the justice of war is to be regulated: but so it would leave to be a supreme and sovereign Reason. But to let alone those disputes, one thing is so certain that no man can deny it, That a common or public good, is superior to any good that is private, and this aught to be ruled by that; and that to attempt the use of the contrary, is the ruin of the State, and the perversion of all Laws both Divine and Humane. The care of the Common good, God hath together with Soveragnetie, committed unto the Prince: for it is his office alone to prescribe the means of conserving and maintaining this Good, whether it be by impositions, or by war, or by leagues, or by any other course whatsoever. And he that in this point shall intermeddle or make himself a judge and Censurer, whether he be Confessor, or other, he offends against Sovereignty, and worketh against that respect and reverence which is by Nature instilled, and in the Sacred Scriptures by God himself commanded, and which every one ought to carry toward the Prince, who is God's Vicegerent and Lieutenant in the Government of the State. And therefore Godly men, and conscionable Priests have the deliberations of Princes in veneration, & do not make themselves Judges of them. As for the miserable subterfuge of such as excuse themselves, That they do not become Judges in these Cases of Princes, but that the war may be unjust out of the notoriousness of the fact, it is not appliable to our present purpose; because first it may be replied, Quo iure, is it notorious? by the Cannon or Civil Law? But these are inferior and not superior to the Reason of war. Again, is it notorious by reason of the Public Good, or of the Private? If by this, why this must be subject and give way unto the Public? If by the Public, the care of that appertains to the Prince. And lastly, these evasions take no place in war that is undertaken for necessary defence. If after all this it should be said, That Lawyers, besides the justice of the Cause in war, do look after, and that in the first place, the justice and right of the Dominion, Bellum iustum, justitia Imperij, it would be an intolerable impudence in a Priest, without any regard had of that which passed in the Truce, wherein the States were by the King of Spain himself acknowledged for Sovereign, Independent, and Lawful, that he should pass so fare, as to arrogate to himself the examination of Dominions, and the titles of them, and thereby to ordain himself judge of Temporal States and Signories. Whereas the Holy Writ commands, That we should look into these matters no further, than to hold those Princes that reign, to be appointed by God himself. And scarcely is it permitteed to Sovereign Princes to enter into the titles of Dominion which the States, or others have; and for private persons, they ought not to make any judgement thereupon, but by the possession, leaving the rest to Almighty God, who transferreth Rule and Dominion by those means which seem aptest and best unto his Divine Providence. And if it should be held fit to follow the opinions of others, especial of the parties interessed, in decreeing, Who Rules with just and unjust titles; the world would be reduced to very few Princes, and by this time there would have been one Spiritual Pope, and one Temporal King, or else one sole Spiritual and Temporal Monarch. FINIS.